General booking conditions

Effective as of 04/11/2022

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Article 1. Scope of Application

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These General Booking Conditions (hereinafter referred to as "GBC") apply, without restriction or reservation, to all sales concluded by the simplified joint stock company MM13 (hereinafter referred to as the "Lessor") with consumers and non-professional buyers (hereinafter individually referred to as the "Client" or collectively as the "Parties"), wishing to purchase the products and services offered for sale by the Lessor (hereinafter referred to as the "Services" and "Products") on the websites: www.minamina-chambreavecjacuzziprivatif.com and www.minamina.fr (hereinafter referred to as the "Site" or the "Website").

They specify in particular the conditions of immediate purchase, reservation, payment, and management of any refunds for Services and Products ordered by the Client.

The main characteristics of the Products and Services, including "Extras" and additional options, are presented on the Website on the product sheet of each Product. The Client is required to refer to the description of each Product to know its specificities.

The offers of Products and Services are subject to availability of dates and stock.

These GBC may be supplemented by specific conditions, prior to any transaction with the Client.

These GBC apply to the exclusion of all other conditions, and in particular those applicable through other distribution and marketing channels.

They are accessible at any time on the Website and will prevail, if necessary, over any other version or contradictory document.

The Client declares to have read and accepted these GBC before their immediate purchase or reservation. These GBC, which may be subject to subsequent modifications, the version applicable to the Client's purchase is the one in force on the Website on the date of the reservation.

The validation of the reservation by the Client constitutes acceptance without restriction or reservation of these GBC.

Modifications to these GBC are binding on users of the Website from the date of their posting and cannot apply to transactions concluded prior to that date.

The Client's reservation of a Product or Service on the Website constitutes full and complete acceptance of these GBC and obligation to pay for the ordered Products and Services, which is expressly acknowledged by the Client, who waives, in particular, any contradictory document that would be unenforceable against the Lessor.

If applicable, the Parties declare and acknowledge that the pre-contractual phase during which exchanges and negotiations took place between them was conducted in good faith, and each of the Parties acknowledges having received, during this phase, all necessary and useful information to enable it to commit with full knowledge of the facts.

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ARTICLE 2. Contact details of the Lessor

The contact details of the Lessor are as follows: The company MM13, whose head office is located at 13 bis avenue Pacifique Rovali 13830 Roquefort-la-Bédoule, registered in the Marseille Trade and Companies Register under number 912 407 145. The Customer can contact the Lessor: at its head office, at the email address hello@minmina.fr by phone at +33762985459 In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, the right to access, rectify, oppose, erase, and port all of their personal data by writing, by mail and justifying their identity, to the address of the Lessor mentioned above. The Customer acknowledges having the capacity required to contract and acquire the Products and Services offered on the Website.

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ARTICLE 3. Products and Services offered for sale

The Services and Products offered for sale on the Website are as follows: · Rental and reservation of themed furnished rooms, for the exclusive use of furnished tourist accommodation; · Options and extras (services) specific to each room subject to additional billing, · Putting you in contact with external service providers for recreational activities, leisure, or dining options. The main characteristics of the Products and Services, and in particular the options and extras, are presented on the Site. Any safety and usage warnings concerning certain options offered will be specified on the Site. The Customer is required to read it before making any reservation. The choice and purchase of a Service or a Product and an option is the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractual and do not engage the responsibility of the Lessor who strives to present the Products and Services and their essential characteristics as accurately as possible. The Customer is required to refer to the description of each Service in order to know its characteristics. The contractual information is presented in French and is subject to confirmation at the latest when the Customer confirms the reservation.

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ARTICLE 4. Validity period of Products and Services
Offer The offers for Products and Services are valid within the limits of dates and available stock, as specified during the reservation. Upon reservation, the Lessor informs the Buyer of the availability of the Products and Services they wish to reserve. However, despite the updates on the Website and the diligence of the Lessor, Services and Products may be unavailable. In case of unavailability, the Lessor will inform the Buyer as soon as possible, and the Buyer may: · decide to wait for the availability of the Products and Services, in which case the Lessor will inform the Buyer of the availability dates; · modify or cancel their reservation, with the Lessor reserving the right to offer an equivalent Product or Service at the same price. In case of cancellation of the reservation due to unavailability of Products and Services, the Lessor undertakes to refund the Customer no later than 30 days from the date of reservation. In case of modification or cancellation of the reservation, the Customer may also receive a credit ("avoir") valid for a period of 6 (SIX) months, which can only be used by contacting customer service.

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ARTICLE 5.  Réservations

5.1. Réservation

Il appartient au Client de sélectionner sur le Site les Produits et Services qu’il désire réserver, selon les modalités suivantes. Pour cela, le Client doit :

·       sélectionner les Produits et Services, et cliquer sur  « ajouter au panier » puis « passer la réservation » ;

·       indiquer ses informations personnelles (nom, prénom, adresse mail, date de naissance, téléphone) ;

·       indiquer, le cas échéant, un code de promotion ;

·       choisir le mode de paiement ;

·       le Client recevra un e-mail confirmant sa réservation.

Le Client a la possibilité de vérifier le détail de sa réservation, son prix total et de corriger d'éventuelles erreurs avant de confirmer son acceptation. Il lui incombe de vérifier l'exactitude de la réservation et de signaler ou rectifier immédiatement toute erreur.

L'enregistrement d'une réservation sur le Site Internet est réalisé lorsque le Client accepte les présentes CGV en cochant la case prévue à cet effet et valide sa réservation. Cette validation implique l’acceptation de l'intégralité des présentes ainsi que des conditions générales d'utilisation du Site Internet.

La vente n'est définitive qu'après l'envoi au Client de la confirmation de l'acceptation de la réservation par le Bailleur par courrier électronique, qui doit être envoyé sans délai et après encaissement par celui-ci de l’intégralité du prix.

Toute réservation passée, validée par le Client est confirmée par le Bailleur, dans les conditions et selon les modalités ci-dessus décrites sur le Site, constitue la formation d'un contrat conclu à distance entre le Client et le Bailleur.

Sauf preuve contraire, les données enregistrées dans le système informatique du Bailleur constituent la preuve de l’ensemble des transactions conclues avec le Client.

Le Bailleur se réserve le droit d'annuler ou de refuser toute réservation d’un Client avec lequel il existerait un litige relatif au paiement d'une réservation antérieure, ou sur lequel il aurait des suspicions quant à l’objet de sa réservation (liste non exhaustive : prostitution, proxénétisme, trafic de stupéfiants, blanchiment d’argent, détournement de mineurs). 

Lors de la réservation sur le Site, le Client est informé que :

• le Bailleur n’accepte pas les animaux domestiques.

• Le bailleur n'accepte pas les personnes mineures.

• Toute réservation de la part d’un Client qui excéderait la capacité d’accueil du Bailleur fera l’objet d’une facturation complémentaire de 150 € par personne. 

Si toutefois le Bailleur constatait lors du check-in ou à tout autre moment que le nombre des Clients dépassait sa capacité d’accueil, le Bailleur se réserve le droit de soit résoudre le contrat sans remboursement, soit solliciter un complément de prix en fonction des tarifs existants pour la ou les personnes supplémentaires. 

Le Bailleur n'a pas vocation à vendre les Produits et Services sur le Site à des professionnels, mais uniquement à des consommateurs ou à des non professionnels, pour leurs besoins personnels. 

Le Bailleur utilise le logiciel « Thaïs » pour gérer les réservations, la fourniture des Produits et Services ainsi que le paiement. Thaïs collecte les données personnelles du Client, et ce conformément à la loi Informatique et Libertés du 6 janvier 1978, renforcée et complétée par le RGPD (règlement général sur la protection des données) entré en vigueur le 25 mai 2018. La politique de confidentialité de Thaïs est accessible here. 

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5.2. Modification of Reservation

Modification of Reservation more than 7 days before the arrival date Once confirmed and accepted by the Lessor, under the conditions described above, the reservation can be modified up to 7 days before the scheduled arrival date. A processing fee equivalent to 10% of the reservation amount will be charged to the Client for any reservation modification made more than 7 days before the arrival date. Modification of Reservation less than 7 days before the arrival date No modification of the reservation will be allowed less than 7 days before the arrival date.

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5.3. Cancellation of Reservation

Cancellation of Reservation more than 7 days before the arrival date Once confirmed and accepted by the Lessor, under the conditions described above, the reservation can be cancelled up to 7 days before the scheduled arrival date. In case of cancellation of the reservation more than 7 days before the arrival date, 85% of the reservation amount will be refunded to the Client. Cancellation of Reservation less than 7 days before the arrival date No refund will be made if the reservation is cancelled less than 7 days before the arrival date.

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ARTICLE 6. Rates

The rates of Products and Services can be directly consulted on the Website. The Products and Services are provided at the rates in effect on the Website at the time of reservation registration by the Lessor and during private browsing by the Client. Prices are expressed in Euros and inclusive of all taxes (VAT). The rates take into account any discounts that may be granted by the Lessor on the Website. These rates are firm and non-revisable during their validity period, as indicated on the Website, with the Lessor reserving the right to modify prices at any time outside of this validity period. They do not include options, which are charged separately, as indicated on the Website and/or calculated prior to making the reservation. The payment requested from the Client corresponds to the total amount of the purchase, including any options chosen by the Client. An invoice is issued by the Lessor and provided upon request to the Client by email during the reservation process.

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ARTICLE 7.   Payment terms

ARTICLE 7. Payment Conditions The price is payable in full in advance online on the day of reservation placement by the Client, via secure payment methods, including credit cards (Visa, MasterCard, American Express) or through the Paypal payment solution (whose general terms and conditions of sale can be found here: here).

Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer can request the cancellation of the payment and the refund of the corresponding amounts. Payment data is exchanged in encrypted mode using the 3D secure SSL protocol via the PAYLINE payment module.

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ARTICLE 8. Provision of Products and Services

The Services and Products ordered by the Customer, including accommodation services and chosen options, will be provided according to the following terms:

• The arrival and departure of the Customer will take place at the times indicated on the information sheet of the ordered Product, as each accommodation may have different check-in and check-out times.

• The accommodation reserved by the Customer will be accessible through a QR code received in advance by the Customer, which must be presented in front of the box assigned to each accommodation. This QR code will serve as a temporary entry key valid only during the reservation period.

• Any additional options and extras chosen by the Customer will be directly accessible once inside the accommodation.

• The ordered Products and Services will be provided at the address indicated by the Lessor during the reservation.

• The Lessor undertakes to use their best efforts to provide the Products and Services ordered by the Customer, in accordance with an obligation of means and within the specified timeframes above.

• If the ordered Products and Services have not been provided according to the specified terms above, for any reason other than force majeure or the fault of the Customer, the sale may be terminated at the written request of the Customer, in accordance with the conditions provided for in articles L216-2, L216-3, and L241-4 of the Consumer Code.

• The amounts paid by the Customer will be refunded to them no later than 14 (FOURTEEN) days following the date of termination of the contract, excluding any compensation or deduction.

• In case of specific requests from the Customer regarding the conditions of provision of Products and Services, duly accepted in writing by the Lessor, the related costs will be subject to a separate additional invoice.

• In the absence of any reservations or complaints expressly made by the Customer during the provision of Products and Services, they will be deemed to be in conformity with the order.

• The Customer will have a period of 24 hours from the provision of Products and Services to issue, in writing, any reservations or complaints, with all supporting documents, to the Lessor.

• No claim will be validly accepted in case of non-compliance with formalities and deadlines by the Customer.

• The Lessor will refund the Customer or rectify (to the extent possible) as soon as possible and at their expense, the Products and Services for which the lack of conformity has been duly proven by the Customer.

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ARTICLE 9. Obligations of the Parties

9.1. Obligations of the Lessor

The Lessor undertakes to deploy all necessary and sufficient resources for the optimal performance of the contract, within the limits of its competences and the Products and Services contracted with an obligation of means defined. The Lessor undertakes to inform the Client as soon as possible of any major element beyond its control that may hinder the performance of the contract.

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9.2. Obligations of the Client

The Client undertakes to provide and facilitate access to all necessary information and resources to the Lessor and its external providers for the organization and performance of the services, without concealment, insufficiency or inaccuracy. The Client has an obligation to fully pay the price indicated on the Reservation to the Lessor. The Client undertakes to occupy the room as a "good family father," meaning with respect for the property entrusted to them during the rental period. As a Client, you are responsible for your own actions and omissions, as well as those of any person invited to the Accommodation.

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ARTICLE 10. Right of Withdrawal

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal is excluded for services of non-residential accommodation, catering, or leisure activities that must be provided on a specific date or for a specific period. Therefore, considering the nature of the Products and Services provided, orders placed by the Client do not benefit from the right of withdrawal. The contract is thus definitively concluded upon placement of the order by the Client, according to the modalities specified in these General Terms and Conditions of Sale.

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ARTICLE 11. Landlord's Liability - Warranty
The Products and Services offered for sale by the Landlord comply with the regulations in force in France and have performance compatible with non-professional use. The Customer is entitled by law and without additional payment, to the legal warranty of conformity and the legal warranty against hidden defects. The Landlord guarantees, in accordance with legal provisions and without additional payment, the Customer against any non-conformity of the ordered Products and Services. The Products and Services provided through the Landlord's website comply with the regulations in force in France. In case of non-conformity, the Customer may demand the conformity of the defective Products and Services, the free supply of a new conforming Product or Service, or, failing that, a price reduction or resolution of the sale, in accordance with legal conditions. The Customer may also suspend payment of all or part of the price or the delivery of the contractual benefit until the Landlord has fulfilled its obligations under the legal warranty of conformity, in accordance with Articles 1219 and 1220 of the Civil Code. It is also the Customer's responsibility to request from the Landlord the conformity of defective Products and Services or the free supply of a new conforming Product or Service. The conformity of the defective Product or Service shall take place within a period not exceeding 24 hours following the Customer's request. If the requested conformity is impossible or entails disproportionate costs as provided for in Article L 217-12 of the Consumer Code, the Landlord may refuse it. If the conditions set out in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, enforce the originally requested solution, in accordance with Articles 1221 and following of the Civil Code. The Customer may also demand a price reduction or resolution of the sale (unless the non-conformity is minor) in cases provided for in Article L 217-14 of the Consumer Code. When the non-conformity is so serious that it justifies a reduction in price or immediate resolution of the sale, the Customer is not required to request prior conformity of the defective Products and Services or the free supply of a new conforming Product or Service. The price reduction is proportional to the difference between the value of the Product and Service provided and the value of that Product and Service in the absence of the non-conformity. In case of resolution of the sale, the Customer shall be reimbursed the price paid no later than fourteen (14) days following, using the same means of payment used by the Customer for payment, unless expressly agreed otherwise by the Customer, and in any case without additional charges. The above provisions are without prejudice to the possible award of damages to the Customer for the damage suffered as a result of the non-conformity. The Landlord is liable for hidden defects under the legal warranty against hidden defects arising from a defect in design or implementation of the ordered Products and Services. The Customer may choose to implement the warranty against hidden defects of the Products and Services in accordance with Article 1641 of the Civil Code. In this case, the Customer may choose between resolution of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code. The Landlord shall not be considered liable or in default for any delay or non-performance resulting from: the occurrence of a force majeure event, improper use, professional use, or fraudulent use. In case of bodily harm resulting from improper practice during a recreational and leisure activity service.

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ARTICLE 12. Protection of Personal Data

In accordance with the French Data Protection Act of January 6, 1978, strengthened and supplemented by the General Data Protection Regulation (GDPR) which came into effect on May 25, 2018, it is reminded that the personal data requested from the Customer are necessary for the processing of their reservation and the establishment of invoices. The personal data collected from Customers are processed by the Lessor through computer processing. They are recorded in its Customer file and are essential for the processing of the reservation. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be retained for as long as necessary for the execution of reservations and any applicable guarantees. The data controller is the Lessor. Access to personal data will be strictly limited to employees of the data controller who are authorized to process them due to their functions. The information collected may be communicated to third parties related to the company by contract for the execution of subcontracted tasks, without the Client's authorization being required. As part of the performance of their services, third parties have limited access to the data and are obliged to use them in accordance with the provisions of applicable data protection legislation. Except as stated above, the Lessor is prohibited from selling, renting, transferring, or giving access to third parties to the data without the prior consent of the Customer, unless required to do so for a legitimate reason. These data may be communicated to the Lessor's potential partners responsible for the execution, processing, management, and payment of reservations. If the data are to be transferred outside the European Union, the Customer will be informed and the safeguards taken to secure the data (such as the external Lessor's adherence to the Privacy Shield, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to the Customer. In accordance with applicable regulations, the Customer has the right to access, rectify, erase, and port their data, as well as the right to object to processing for legitimate reasons, which they can exercise by contacting the data controller at the postal or email address or on the website. In case of complaint, the Customer can file a complaint with the data protection officer of the Lessor or the French National Commission for Data Protection and Liberties. The Customer acknowledges having the required capacity to contract and acquire the Products and Services offered on the website. For any inquiries, please contact the Lessor at the email address: hello@minamina.fr

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ARTICLE 13. Intellectual Property

The content of the Website is the property of the Lessor and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

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ARTICLE 14. Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a force majeure event, as defined in Article 1218 of the Civil Code. The Party experiencing the event shall immediately inform the other Party of its impossibility to perform its obligation and justify it to the other Party. The suspension of obligations shall not in any case be a cause of liability for non-performance of the obligation in question, nor result in the payment of damages or penalties for delay. The performance of the obligation shall be suspended for the entire duration of the force majeure if it is temporary. Therefore, upon the disappearance of the cause of the suspension of their reciprocal obligations, the Parties shall make all efforts to resume the normal performance of their contractual obligations as quickly as possible. To this effect, the Party prevented shall notify the other Party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive, this Agreement shall be terminated purely and simply in accordance with the terms defined in the "Force Majeure Resolution" article. During this suspension, the Parties agree that the expenses incurred by the situation shall be borne by the prevented party.

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ARTICLE 15. Specific Performance

Notwithstanding the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a breach by either Party of its obligations, the Party victim of the default shall not be entitled to demand specific performance, considering the material impossibility of restitution of the Products and Services, which are consumable by their nature.

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ARTICLE 16. Non-Performance

Exception It is recalled that, in accordance with Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its obligation and if such non-performance is sufficiently serious, i.e., likely to jeopardize the continuation of the contract or fundamentally upset its economic balance. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notification of default sent for this purpose by the Party victim of the default, indicating the intention to apply the exception of non-performance until the defaulting Party remedies the observed default, notified by registered letter with acknowledgment of receipt or any other durable written medium that allows for proof of sending. This exception of non-performance may also be used preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is obvious that one of the Parties will not perform its obligations by the deadline and that the consequences of such non-performance are sufficiently serious for the Party victim of the default. This option is used at the risk and peril of the Party taking the initiative. The suspension of performance shall take effect immediately upon receipt by the presumed defaulting Party of the notification of the intention to apply the preventive exception of non-performance until the presumed defaulting Party performs the obligation for which an imminent default is obvious, notified by registered letter with acknowledgment of receipt or any other durable written medium that allows for proof of sending.

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ARTICLE 17. Termination

17.1. Termination for force majeure

Termination by operation of law for force majeure can only take place 14 (FOURTEEN) days after receipt of a formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act, notwithstanding the Termination for breach clause set forth below. However, this formal notice must mention the intention to apply this clause.

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17.2. Termination for breach by a party of its obligations

In the event of non-compliance by either party with the obligations listed in the "Obligations of the Parties" article, the injured party may terminate the contract at its discretion. The Parties agree that termination of the contract, whether for force majeure or for breach of a party's obligations, cannot take place when the Products and Services have been partially or fully consumed by the Client. It is expressly understood that this termination for breach of a party's obligations shall take effect automatically, the formal notice resulting solely from the non-performance of the obligation, without notice or formalities.

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ARTICLE 18. Applicable law - Language - Disputes

These General Terms and Conditions and the transactions arising therefrom are governed by French law. They are drafted in the French language. In the event of translation into one or more languages, only the French text shall prevail in the event of a dispute. The Client is informed that it may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, Article L.612-1) or with existing sectoral mediation bodies, or any alternative dispute resolution method in case of dispute. The Client can consult the online dispute resolution platform (ODR) by clicking here. However, if at the end of a period of 45 (FORTY-FIVE) days, the Parties fail to reach an agreement on a compromise or solution, the dispute shall then be submitted to the jurisdiction designated below. All disputes to which these General Terms and Conditions and the agreements arising therefrom may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, and which could not be resolved amicably between the Lessor and the Client, shall be submitted to the competent courts under the conditions of common law.

 

 

 

ANNEX I - PROVISIONS RELATING TO LEGAL WARRANTIES

Article L241-4 of the Consumer Code When the professional has not refunded the entire amount paid by the consumer in accordance with the conditions set out in Article L. 216-7, this amount shall automatically be increased by 10% if the refund is made no later than fourteen days after this deadline, by 20% up to thirty days, and by 50% thereafter.

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Article L.217-5 of the Consumer Code In order to conform to the contract, the good must:

• Be fit for the usual purpose of a good of the same kind and, where applicable:

• correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model.

• present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labeling.

• Or have the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
   

Article L.217-12 of the Consumer Code The action resulting from lack of conformity is time-barred two years from the delivery of the good.
 

Article L221-28 of the Consumer Code The right of withdrawal cannot be exercised for contracts: [...] 12° for services of accommodation, other than residential accommodation, transportation of goods, car rentals, restaurants or leisure activities that must be provided on a specific date or during a specific period; [...].
 

Article 1641 of the Civil Code The seller is bound by a warranty on account of hidden defects in the item sold that render it unfit for the use for which it is intended, or that diminish its use to such an extent that the buyer would not have acquired it or would have given it a lower price if they had known about them.
 

Article 1644 of the Civil Code In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and being refunded the price, or keeping the item and being refunded a portion of the price.

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