General conditions of sale

PREAMBLE

The conditions for carrying out activities relating to the organization and sale of trips or stays are determined by law n° 92 645 of July 13, 1992 and decree n° 94-490 of June 15, 1994 taken in application of article 31 of this law, in particular codified under articles L 211-1 and following of the tourism code and articles R 211-1 and following of the same code. These general conditions apply to all customers. Any document other than the general conditions of sale and in particular catalogs, prospectuses, advertising, notices, has only an informative and indicative value. The purchase of a stay implies on the part of the buyer the acceptance of all the provisions of the general conditions of sale listed below.

These general terms and conditions of sale (hereinafter, the “General Terms and Conditions”) define the contractual relations between any non-professional user (hereinafter, the “Customer”) of the Hôtel de la Plage (hereinafter, the “Hotel”) and its website www.hoteldelaplage-binic.com (hereinafter, the “Site”), operated by the company Miléade SAS, registered in the Trade and Companies Register and Registration in the register of travel and holiday operators under number IM043180003, whose registered office is at 5, avenue Victor Hugo – BP 85 43102 Brioude Cedex, whose intra-community VAT number is FR 75 843049040 (hereinafter, the “Service Provider”), from the reservation until departure from the Hotel, as well as the conditions applicable to any reservation made through the reservation services of the Hotel Site and the Hotel reception.

APPLICABLE LAW AND COMPETENT JURISDICTIONS

These general terms and conditions of sale, and more generally, the contract that you enter into with the Service Provider are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to the jurisdiction of the French courts. These general terms and conditions of sale may be modified and/or supplemented by the Service Provider at any time without notice. In this case, the new version of the general terms and conditions of sale will be posted online by the Service Provider. As soon as it is posted online, the new version of the general terms and conditions of sale will apply to all customers, and will then replace the previous version. These general terms and conditions of sale apply to any reservation made directly with the Hotel or online via the reservation services of the Hotel Website. The General Terms and Conditions apply to all services offered by the Hotel.

ARTICLE 1: Reservation and payment of stays

Rates are communicated at the time of booking by telephone or on the website. The customer is reminded, in accordance with Articles L221-28 and L221-55 of the Consumer Code, that he does not have the right of withdrawal for any booking on the website or by telephone. Therefore, all sales of stays are subject to the cancellation and modification conditions set out in Article 9.

Registration of the reservation and sending of the confirmation will constitute proof of the transaction and acceptance of the operations carried out.

The Customer chooses services from those offered by the Hotel and presented on the Hotel Website according to his needs.

The Customer acknowledges having read the nature, destination and booking terms of the services available on the Hotel Website and having requested and obtained the necessary and/or additional information to make his/her booking with full knowledge of the facts.

The Client is solely responsible for his choice of services and their suitability for his needs, such that the Service Provider cannot be held liable in this regard.

The reservation is deemed accepted by the Customer at the end of the reservation process.

Reservations for the services offered by the Hotel can be made by telephone at the following number: +33(0) 5 59 51 88 88, by email hotel-binic@mileade.com or online via the Hotel Website www.hoteldelaplage-binic.com

Written confirmation of the reservation will be communicated to the Client as soon as possible, and at the latest within eight (8) days following the reservation, by any means of communication.

This confirmation will include the essential elements of the reservation, such as the type of room reserved, the dates of stay, the number of occupants and the price, as well as any other service that may have been included by the Customer in their reservation request.

Each reservation will be checked by the Provider’s sales department to ensure that the accommodation package chosen is in accordance with the Client’s family composition. The Provider reserves the right to modify or cancel a reservation for security and insurance reasons. Additional fees may apply depending on the necessary modification.

Please note: for safety and insurance reasons, it is forbidden to exceed the number of occupants provided for in the rooms. The manager of the establishment has the right to refuse any person beyond the expected capacity. Occupancy is strictly limited to the number of people indicated on our documents (brochure, confirmation of stay, etc.). Only children under 2 years old can be accommodated in addition and accommodated in specific bedding such as a travel cot according to the layout of the accommodation. The service provider reserves the right to cancel the reservation if it does not correspond to the capacity of the accommodation.

ARTICLE 2 – Rates

The prices of the stays are indicated and payable in euros. They include VAT, for the dates and duration of stay chosen. The rates and discounts contained on the website only concern individual Customers booking a stay directly with the Hotel or via the Hotel’s website. They are published subject to error or omission. The dates and prices indicated will be confirmed to you when you make your reservation. The rates are fixed, so no one can claim not to use the included services to deviate from the requested rate.

The amount to be paid by the Customer includes the price of the stay (sum of the prices per night of the room selected by the Customer) to which are added the options chosen when booking (unit price multiplied by the quantity ordered), if applicable. Unless otherwise stated on the Site, options (breakfast) that are not offered at the time of booking are not included in the price.

The age of the participant is considered on the 1st day of the stay.

In the event of an extension of stay at the place of stay: the extension made is paid directly at the place of stay. Its invoicing is done on the basis of the rate in force on the day of the extension (no application of promotional rate possible). All rates and promotions are subject to the availability of stocks allocated to each device at the destination and on the dates concerned. Stocks and discount levels are subject to change at any time without notice.

For reservations made online on the Hotel Website or directly with the Hotel, the Customer has a choice between several rates:

A preferential rate for a non-modifiable and non-refundable reservation;

A flexible rate for a modifiable and refundable reservation, the conditions for modification and refund of which are specified.

The Provider reserves the right to modify at any time and without notice the prices appearing in brochures and other commercial materials, as well as the prices displayed in the establishments. These modifications will not apply to reservations previously accepted by the Provider.

The Provider does not offer insurance services for reservations made via the Hotel Website or at reception.

Any changes or introduction of new government or local taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.

ARTICLE 3: Tourist tax

The municipal tourist tax must be paid on site upon arrival. The amounts collected are then paid to the municipality concerned.

ARTICLE 4: Discounts

If you are the beneficiary of a price reduction under a promotional operation, you must take advantage of it when booking your stay. Discounts granted are only valid at the time of booking. Discounts of any type are not retroactive under any circumstances: once the confirmation or invoice has been issued, the customer will no longer be able to claim any reduction. Furthermore, price reductions or promotional operations cannot be combined with each other, unless the combination is expressly mentioned. The Service Provider reserves the right to check and revoke, if necessary, the correct use of a promotional code after the fact. If necessary, the customer must send the Service Provider any supporting documents necessary to obtain a reduction on the amount of their stay. Any supporting documents sent to the Service Provider after this deadline will not be taken into account and will not give rise to any reimbursement from the Service Provider.

ARTICLE 5: Methods of payment

For any stay at the Hotel, the methods of payment accepted when booking on site at the reception are: credit card, cash according to current regulations and holiday vouchers. For all bookings made on the Website, only credit cards are accepted.

When booking, the Customer must provide the authentication details of their bank card in order to validate the booking. Otherwise, the booking will be automatically cancelled.

The Hotel may also ask you to present proof of identity for the purposes of preventing bank card fraud.

For the preferential rate with prepayment: the total price of the reservation is debited upon booking, on the bank card provided by the Customer. The Customer expressly acknowledges that this is a prepayment and that his card will be debited before his stay. The reservation validated by the Customer will only be considered effective after agreement from the relevant bank payment centers. In the event of refusal by said centers, the reservation will be automatically canceled. Payment must be made with one of the bank cards indicated on the Site, through a secure internet page. The details of the Customer’s bank card will be encrypted with SSL (Secured Socket Layer) protocol. The details of the Customer’s bank card can never transit over the Internet without being encrypted.

For the flexible rate: no prepayment is required when booking. The Customer’s credit card number is required to validate the booking but the Customer’s credit card will not be debited. Payment for the booking must be made to the Service Provider, directly at the Hotel upon the Customer’s arrival.

For non-prepaid online rates: The Hotel may ask the Customer, upon arrival, for a security deposit or authorization to debit the credit card in order to guarantee payment of the amounts corresponding to the services consumed on site.

Payment of extras: any extras (bar, telephone, etc.) that are not explicitly included in the rates will be payable directly on site during or at the end of the stay. Failing this, the Customer expressly authorizes the Service Provider to debit the bank card left as a guarantee for the payment of extras and the tourist tax.

ARTICLE 6: Modification or cancellation of a confirmed reservation at the request of the Client

This provision does not apply to reservations made at the preferential rate .

Modification

For reservations made at the flexible rate, in the event of a modification at the request of the Customer: reservation modifications may be made free of charge, subject to availability. Any modification must be made no later than 2:00 p.m. the day before the start date of the stay mentioned in the reservation confirmation. Any additional price incurred by the modifications requested by the Customer will give rise to additional invoicing.

Changes to dates of stay or contact details (telephone and email) may be made directly by the Customer on the Hotel Website by clicking on the link at the end of their confirmation email and following the instructions displayed on their screen . For all other changes, the Customer must contact the Hotel directly via the email hotel-binic@mileade.com .

Total cancellation

For the calculation of cancellation periods, it is agreed to retain as “Expected Date of Arrival ” the day of the first night scheduled at 2 p.m. (2 p.m.), local time.

Reservations made at the preferential rate cannot be cancelled by the Customer .

For reservations made at the flexible rate: any cancellation must be made at least one (1) day before the scheduled arrival date . For any cancellation made less than one (1) day before the scheduled arrival date or in the event of a no-show at the Hotel , the total amount of the reservation will be charged , without extras.

To cancel his reservation , the Customer can click on the link at the end of his confirmation email and follow the instructions displayed on his screen . It is strongly recommended to follow this protocol to cancel a reservation . In the event that the cancellation via the link is not successful, the Customer can contact the Hotel by email, mentioning the reservation number to cancel his reservation .

If the reservation includes a reservation fee , these will not be refundable. The amount of the fees charged to the Customer in the event of cancellation of his reservation are indicated at the time of his reservation .

In the event of cancellation within the time limit , if the Customer has paid all or part of the reservation online , this amount will be refunded after deduction of the cancellation fees.

It is advisable to cancel as soon as possible once the cause for cancellation has arisen.

ARTICLE 7: Cancellation or modification of a stay by the seller

When, before departure, compliance with one of the essential elements of the contract is made impossible as a result of an external event which is imposed on the Service Provider, the Service Provider undertakes to inform the Client as soon as possible and in writing (by letter or e-mail), specifying that it has the option either to terminate the contract or to accept the proposed modification.

In the event of unavailability of the reserved rooms due to an unforeseeable event, the Service Provider undertakes to relocate the Client, at no extra cost, in a hotel of at least equivalent standing. The transfer costs associated with this relocation will be borne by the Service Provider.

Once the proposal has been made by the Service Provider to the Client, the latter must then make its choice known as soon as possible. In the event of termination of the contract, the service provider will reimburse all of the sums it has already received.

In the event that the Service Provider cannot offer an alternative solution, the Client will be automatically reimbursed by the Service Provider.

ARTICLE 8: Conditions of stay

The Provider reserves the right to make changes to its publications or descriptions on the internet and will endeavour to communicate any rectification or erratum orally during the telephone reservation and/or in writing on the stay confirmation.

– Special requests

Any special request outside the sales conditions (example: specific orientation of a room, side-by-side accommodation, etc.) must be specified to the Hotel, which will do its utmost to satisfy it. Without confirmation from the Hotel, it cannot be considered as a commitment on the part of the Service Provider.

In the event that the Hotel is able to confirm this request, it will be billed as a location preference at €49. Failure to satisfy these requests may in no case be grounds for cancellation or a pretext for any request for reimbursement or compensation or for a complaint to our services.

For all additional services (meals, parking, etc.), the customer can contact the Hotel directly to make the reservation and will make the payment on site.

– Stay at the Hotel

Unless expressly provided otherwise, the Client may arrive at the Hotel from 4 p.m. on the first day of his reservation and must vacate the room before 11 a.m. on the day of the end of his reservation. Failing this, he will be charged for an additional night.

ARTICLE 9: Internal regulations and dispute management. Internal regulations are posted at the reception of the establishment. We thank you for reading them and respecting them. Smoking is prohibited in the accommodation. The access times to the Hotel are specified on site. Silence must be respected between 11 p.m. and 8 a.m. Each Customer must behave respectfully towards other customers and staff. In the event of a serious or repeated violation of the internal regulations and after formal notice by the Service Provider to comply, the Service Provider may terminate the current contract. The Service Provider reserves the right to register persons whose behavior contravenes the proper functioning of the establishments presented in the Service Provider’s brochure on a list of customers who are prohibited from accessing these establishments for a maximum period of 3 years. The terms and conditions for managing this list are available upon simple request by mail to the Service Provider’s address.

ARTICLE 10: Complaint

Complaints that arise during the execution of the contract must be reported as soon as possible to the person in charge at the place of stay so that a solution can be sought as soon as possible. Complaints that cannot be dealt with on site or that have not been resolved satisfactorily must be sent by registered letter with acknowledgement of receipt after the end of the stay, stating the file number concerned, to: Miléade, 5 avenue Victor Hugo, BP85, 43102 Brioude cedex or by email to relationclient@mileade.com. After contacting the Service Provider and, in the absence of a satisfactory response within 60 days, the customer may contact the Tourism and Travel mediator, whose contact details and referral procedures are available on the website: www.mtv.travel. We draw your attention to the fact that reporting a complaint quickly will allow it to be processed effectively.

ARTICLE 11: Customer liability

During their stay, the Customer is advised not to leave their valuables, jewellery, cash or personal items unattended. If applicable, the Service Provider cannot be held responsible for their theft or damage either inside or outside the Hotel, including the car parks. The Service Provider reminds that it is not recommended to bring valuables, jewellery or large sums of money to the place of Stay. The Service Provider advises that any excursions, vehicle rentals or sports activities carried out by a service provider other than the Service Provider, and booked independently of our services, will completely release the Service Provider from its liability. By subscribing to a stay for a minor child, the parents, or persons exercising parental authority, undertake to activate their “civil liability” insurance policy for any act or damage caused by the minor during the course of their stay or package, thereby formally releasing the Service Provider from liability. The Service Provider has taken out a Civil and Professional Liability insurance contract with Inter Mutuelles Entreprises.

The Customer is solely responsible for the information provided when creating their account and/or any reservation. The Service Provider cannot be held responsible in the event of incorrect or fraudulent information provided by the Customer. Furthermore, the Customer is solely responsible for the use of their account and any reservation made, both in their own name and on behalf of third parties, including minors, unless fraudulent use resulting from no fault or negligence on their part can be demonstrated. In this regard, the Service Provider must be immediately notified of any misappropriation or fraudulent use of their email address.

The Customer undertakes to use the Hotel Site and the services offered there in compliance with the applicable regulations and these General Terms and Conditions. In the event of a breach by the Customer of its obligations under these General Terms and Conditions, the latter shall be liable for any damage caused by it to the Hotel, the Service Provider or third parties. In this respect, the Customer undertakes to indemnify the Service Provider against all claims, actions or recourses of any nature that may result therefrom and to compensate it for any damage, costs or compensation whatsoever relating thereto.

The Customer, in particular, undertakes, by making a definitive reservation, to pay the price and to comply with the specific conditions relating thereto, where applicable.

Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the order at the Customer’s expense, without prejudice to any civil or criminal action against the latter.

ARTICLE 12: Financial guarantee

The Service Provider benefits, in accordance with the law, from a financial guarantee for an amount set annually by an order of the Prefect of Haute Loire with the Mutual Solidarity Fund of UNAT (National Union of Tourism Associations) 8 rue César Franck –75 015 PARIS.

ARTICLE 13: Internet Access

Within the Hotel, internet access cannot be guaranteed and therefore cannot be the subject of complaints. The Internet connection, whether free or paid, is reserved for personal, non-commercial use and in a reasonable manner, in compliance with current legislation and intellectual and artistic property. The customer is responsible for the proper use of the service and undertakes to guarantee the Service Provider against any action or recourse brought by a third party due to its actions, in particular on the Internet network. Access to the service is reserved for natural persons of legal age, up to date with their financial obligations to the Service Provider, and having equipment with a Wi-Fi connection and/or Ethernet socket. The Service Provider declines all responsibility in the event of non-functioning of the user’s equipment or incompatibility of the latter with the Internet access service. The Internet access offered must not in any way be used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the French Literary, Artistic and Industrial Property Code. Illegal downloading is a criminal offense punishable by a three-year prison sentence and a fine of €300,000 for individuals, a fine multiplied by 5 for legal entities.

ARTICLE 14: Liability of the Service Provider

The Service Provider takes particular care to respect the contractual commitments made to its customers when booking any service whatsoever. With regard to tourist services, the Service Provider may not be held liable for any non-performance or poor performance of all or part of the services provided for in the contract that is attributable to the user, to a case of force majeure (weather conditions in particular) or to the unforeseeable and insurmountable act of a third party not involved in the provision of the services provided for in the contract. In any event, in the event that the Service Provider is found liable, the limit on compensation provided for in Article L211-16 of the Tourism Code would apply. With regard to all other services, the Service Provider may only be held liable in the event of damages caused by a fault on its part demonstrated by the customer.

In the online booking process, the Service Provider is bound by an obligation of means. Its liability cannot be incurred for damages resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, etc. Hypertext links may refer to sites other than the Hotel Site, which disclaims all liability for the content of these sites and the services offered. The decision to consult third-party websites is therefore the full and entire responsibility of the Customer.

The photographs presented on the Hotel Website are not contractual. Even if every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel give as accurate an overview as possible of the services offered, variations may occur, in particular due to changes in furniture or possible renovations. The Customer may not claim any claim on this basis.

In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements making up the offers present on the Hotel Site are strictly prohibited.

ARTICLE 15 : Transports

Except in exceptional circumstances, transport to and from the place of stay is not included in the service. The Service Provider cannot therefore be held responsible for changes to schedules, delays, strikes by carriers, etc., which would prevent the customer from enjoying all or part of their stay.

ARTICLE 16: Protection of personal data

The Service Provider, as data controller, processes the personal data of the bookers in accordance with Regulation (EU) 2016/679 (“GDPR”) and Law No. 78-17 of 6 January 1978, relating to information technology, files and freedoms (known as the “Information Technology and Freedoms” law) (the “Personal Data Regulations”). The information requested from the booker at the booking or account creation stage (the “Data”) is necessary for the Service Provider to record, process, confirm the booking, manage and monitor the commercial relationship with the booker in execution of this contract. The Service Provider may also process certain Data on the basis of its legitimate interest, in particular in order to improve, optimize and personalize its services and communication media. Unless the booker objects and following validation of the reservation, the Service Provider may use the booker’s email address to send them its “newsletter”, promotional offers, an invitation to complete an online satisfaction questionnaire following their stay. The booker may unsubscribe from these communications at any time by clicking on the link at the bottom of the communications. In accordance with the Personal Data Regulations, the booker has the right to access, modify, rectify, erase, limit, port or oppose, in the event of legitimate reason, the processing of data concerning them as well as the right to define guidelines relating to the fate of their data in the event of death. To exercise these rights, the booker must contact: rgpd@mileade.com or by mail to Miléade – 42 avenue des Langories – CS 70086 – 26000 Valence cedex, attaching a copy of proof of identity to their written request. For security reasons, video surveillance systems may be installed in certain hotels in compliance with applicable legislation. Furthermore, pursuant to the provisions of Article L.223-2 of the Consumer Code, the booking customer may register on the Bloctel list to oppose telephone canvassing by visiting the website www.bloctel.gouv.fr. More generally, the Data processing implemented by the Service Provider is described in more detail in the Service Provider’s Privacy Policy, which also specifies the recipients and retention periods of the Data. The Service Provider’s Privacy Policy is accessible on its website or can be provided upon request.

Miléade, simplified joint stock company with capital of €15,685,590 SIRET: 843 049 040 00010

RCS: 843 049 040 RCS Le Puy en Velay Intra-Community VAT: FR 75 843049040

Registration in the register of travel and holiday operators under no. IM043180003

Miléade benefits, in accordance with the law, from a financial guarantee for an amount set annually by an order of the Prefect of Haute Loire from the Mutual Solidarity Fund of UNAT (National Union of Tourism Associations) – 8 rue César Franck –75 015 PARIS

Civil Liability Contract Travel Organizer Insurer Inter Mutuelles Entreprises – 66 rue de Sotteville – 76100 Rouen. Postal Address: 11 rue du Docteur Lancereaux 75378 Paris Cedex 08 – 02 32 95 35 92