General Terms and Conditions of Services


Preamble

A Marella welcomes you to its tourist residence located on Île Rousse (hereinafter "Domaine A Marella") from March to November :

  • Additional services for a fee, such as half board (breakfast and a meal) in the partner restaurant "L'Abri des Flots", daily cleaning ;
  • Access to many self-service outdoor facilities: a swimming pool, a fitness room, a bowling alley, cosy spaces (indoor and outdoor), laundry room and parking spaces ;
  • 17 apartments from F2 to F3 that can accommodate 2 to 6 people - including 2 apartments designed for people with reduced mobility - fully equipped: WIFI, air conditioning, equipped terrace.

1. Scope of application

The purpose of these General Terms and Conditions of Services is to define the terms and conditions under which A Marella allows its Customers to benefit from reservation services, including hosting services within its A Marella Domain and additional services more fully described above.

Any reservation implies the unreserved application by the Client and his full and complete adherence to these General Terms and Conditions of Services which prevail over any other document, unless otherwise agreed by A Marella.

The fact that A Marellade does not avail itself of one or more of the provisions of these General Terms and Conditions of Services cannot be considered a waiver.

A Marella reserves the right to modify or supplement, at any time, all or part of these General Terms and Conditions of Services. In this case, the new version of the General Terms and Conditions of Services will be available on the Site with its effective date. Customers are advised to consult the General Terms and Conditions of Services regularly to be aware of any changes. In any event, the Customer shall only be bound by the version of the General Terms and Conditions of Services in force at the time of booking.

2. Definitions

2.1 "A Marella" refers to A Marella Company, a simplified joint stock company with a capital of €5,000, having its registered office at Fontana Marina - 20220 L'Ile Rousse, registered under number 839 542 404 R.C.S. Bastia.

2.2 "Client" means a non-professional Client acting for personal purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and having full legal capacity to enter into commitments under these General Conditions of Services.

2.3 "Order" means the reservation of the Services paid for by the Client among the Services offered by A Marella.

2.4 "Invoice" means the document in paper or electronic format containing the description and detailed price of the Services, subject matter of the Order.

2.5 "Provision" means the accommodation services in any apartment of Domaine A Marella and any services complementary to said accommodation services.

2.6 "Site" refers to the A Marella website: www.amarella.corsica.

3. Rates and prices

All prices displayed are in euros and include all taxes (including VAT). Any document other than these General Terms and Conditions of Services and in particular the Site, prospectuses and notices indicating a price are only informative and indicative, the price to be defined for each Customer according to his Order taking into account, in particular, the dates of reservation of the stay and the number of people participating in said stay. 

The displayed prices are per apartment for the number of people participating in the stay and the selected date. Only the Services explicitly mentioned in the Order are included in the price.

The tourist tax, collected on behalf of the tourist office, is included in the posted rates and is payable on arrival of the Client. The tourist tax is calculated per person and per night.

Prices take into account the VAT applicable on the day of the Order and any change in the rate applicable to VAT will automatically be reflected in the rates displayed on the date of the Invoice.

4. Booking conditions

Any reservation implies the Customer's acceptance of these General Terms and Conditions of Services and must be accompanied by a payment including a deposit representing 30% of the total price of the Order, including any additional Services. 

As soon as the Order is confirmed by A Marella within 24 to 48 hours, the Customer receives a reservation form specifying the Services, objects of the Order, the period of stay, the total price of the Order and the balance remaining to be paid.

From the date of payment of the deposit until the 31st day before the stay, the Client has the right to withdraw from the contract. In the event that the Client uses the withdrawal, the amount of the deposit paid will be refunded, after deduction of the cancellation fees of one hundred (100) euros which will remain acquired.

The balance of the Order will be paid no later than the date of entry into the premises.

As a guarantee, a credit card number (valid for the duration of the stay) must be provided on the day of arrival.

This guarantee may be used as compensation for (i) any repair costs in the event of damage noted by a contradictory inventory of fixtures or (ii) failure to pay for all or part of the Services on site.

We ask the guests to leave the apartment in the same state as they found it. A deposit of 100 euros by cheque (not cashed) will be requested on arrival for this purpose.

5. Methods of payment

For any Order accompanied by an obligation to pay a deposit, payment can only be made by credit card. The balance of the Order is paid by credit card. In the event of a credit card payment incident, the Customer may pay the balance by bank transfer. 

Only credit cards from the Visa, Eurocard/Mastercard, American Express networks issued by French, Belgian and Swiss banks are accepted. In order to make the payment, the Customer must enter the 15 or 16 digits, the expiry date of his credit card, as well as the 3 or 4 digits of the cryptogram. For any Order on the Site, the Customer receives the proof of payment by e-mail within twenty-four (24) or forty-eight (48) hours following the transaction.

Electronic payments made online on the Site are secured by PCI -SysPAy using the encryption process that guarantees confidentiality and data security.

Payment can also be made by bank transfer or holiday vouchers.

In the event of non-compliance with payment deadlines, late payment penalties may be applied. Penalties will be due the day after the due date of the Invoice at the rate of 15% per year, applied to the amount including VAT of the Invoice. A flat-rate penalty equal to 15% of the sums due will also be payable in the event of litigation recovery.

6. Modification or cancellation

The Customer may cancel part or all of his Order by sending his request by e-mail to the following address: . The date of receipt of the letter will be the date set for the cancellation.

If the cancellation request is made:

  • between 30 and 21 days before the date of arrival, a deduction equal to 30% of the total amount of the Order ;
  • between 20 and 8 days before the date of arrival, a deduction equal to 50% of the total amount of the Order ;
  • 7 days or less before the arrival date, a deduction equal to 100% of the total amount of the Order.

Any interrupted, shortened stay or any Service not used by the Client for a reason not attributable to A Marella, will not give rise to any refund. Any Customer who fails to arrive on the scheduled arrival date will be charged 100% of the total amount of the Order.

The Customer is reminded that he does not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code, in accordance with Article L. 221-28 paragraph 12 of the Consumer Code, which excludes this right for contracts relating to the provision of hosting services which must be provided on a specific date or period.

7. Rules of procedure

It is the Client's responsibility to read and respect the internal rules posted at the reception desk of Domaine A Marella and in each apartment.

Keys are generally handed over at the beginning of the stay on Saturdays between 4pm and 7pm. They must be returned on the Saturday of the departure date before 10 am. Otherwise, an additional night will be charged. The Client may under no circumstances claim any right to remain in the premises at the end of the period of stay provided for in the booking form.

An inventory of fixtures will be drawn up upon the Client's arrival on the premises and at the end of his stay.

The descriptions of the apartments are made by type. Thus, for two dwellings of the same type, there may be some non-substantial differences. The classification of accommodation in the descriptions corresponds to the classification with reference to applicable French and European standards. The photographs in the prospectuses or on the Site are intended to indicate the type and standard of the apartments of Domaine A Marella. In the descriptions, it is specified the maximum number of beds for each type of apartment.

The number of occupants may in no case exceed the indicated capacity. In this case, the reservation may be cancelled. If, however, an overrun is granted in advance by A Marella and in this case only, and taking into account the additional costs caused by the change in the number of occupants, a supplement will be calculated in proportion to the number of persons.

All the apartments of Domaine A Marella are non-smoking. Pets are not allowed.

During the stay, personal objects and effects are strictly the responsibility of the Client.

In general, the Client must ensure the peaceful nature of the rental and use it in accordance with the destination of the premises.

Any behaviour contrary to morality and public order within Domaine A Marella, as well as non-compliance with the Internal Regulations, will lead the Director of Domaine A Marella to ask the Client to leave the premises without any compensation and/or reimbursement if a payment has already been made. In the event that no payment has yet been made, the Client shall pay the price of the Services used before leaving the premises.

The Client also undertakes that the computer resources made available to it by A Marella (in particular the WIFI network) shall not be used in any way for the purpose of reproducing, representing, making available or communicating to the public works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code where such authorisation is required. The Customer is also required to comply with the security policy of A Marella's Internet service provider, including the rules governing the use of security measures implemented to prevent the unlawful use of IT resources and to refrain from any action that undermines the effectiveness of these measures.

8. Personal data

In accordance with the law n°78-17 relating to data processing, files and freedoms of 6 January 1978 as amended and the European General Data Protection Regulation, in particular by completing the online form on the Site :

  • The personal data that are recorded are those that the Customer voluntarily agrees to provide to A Marella, which is therefore the recipient of the data, and that it carries out the processing of personal data for which it is responsible.
  • The Client is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers and information by the presence of an asterisk.
  • If A Marella does not provide information identified as mandatory, it may not be able to register a reservation or manage any complaints from the Customer.
  • The Customer has the right to (i) request access to his personal data, their rectification, erasure, limitation or opposition to processing, the portability of his data, (ii) define the fate of his personal data "post mortem", as well as (iii) file a complaint with a supervisory authority.
  • Customers' personal data will be stored in accordance with current legislation and applicable limitation periods.

A Marella may send by e-mail to Customers who have agreed to receive commercial prospecting, a satisfaction questionnaire after their stay, providing the Customer with an unsubscribe link at the bottom of each commercial prospecting e-mail.

9. Force majeure

Non-performance of the Service, due to cancellation at A Marella's initiative, A Marella will inform the Client as soon as possible and refund all sums paid by the Client within a maximum period of thirty (30) days.

The obligations resulting from these General Terms and Conditions of Services shall apply subject to an event constituting force majeure within the meaning of Article 1218 of the Civil Code.

Consequently, the parties may not be held liable if the non-execution, partial execution or delay in the execution of any of their obligations, as described in these General Conditions of Services, results from a case of force majeure, as defined in this article.

10. Applicable law - Language - Competent jurisdiction

These General Terms and Conditions of Services are governed by and subject to French law.

These General Terms and Conditions of Services are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.

All disputes to which these General Terms and Conditions of Services may give rise, concerning their validity, interpretation, execution, resolution, consequences and consequences shall be submitted to the competent courts.

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