SPECIAL COVID-19
In this period of health crisis we would like to inform our customers of two specific elements of our General Terms and Conditions of Sale: Flexibility: Please read Article 8 of these GTC. Liability: Please read Article 11 of these GTC carefully.
1. Subject
The present general terms and conditions define the rights and obligations of the parties within the framework of the remote reservation of services proposed by Lyon Urban Cocoon on its Site and its Mobile Services.
They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties.
Any reservation therefore implies that the client fully and unreservedly adheres to the present conditions.
All clients acknowledge that they have the capacity to contract, i.e. that they are of legal age and are not under guardianship or trusteeship.
The names "Lyon Urban Cocoon" and "site" refer throughout this text to the site named www.lyonurbancocoon.com and corresponding to the domain name that can be consulted at www.lyonurbancocoon.com.
2. Scope of application
These general terms and conditions of sale apply to all bookings made directly over the Internet, via the Website or the Mobile Services.
3. Enforceability of the general conditions
In any event, the version of the general terms and conditions of sale that is enforceable against the customer is the one in force at the time of his reservation on the Website or the Mobile Services or with its partners.
4. Reservation
Reservations can be made on the website, by phone, e-mail or mail.
The reservation will be effective only if the latter is guaranteed by the client, either by communicating a credit card number with validity date, or by payment of a deposit, and after receiving a detailed booking confirmation.
Payment for all services will be made directly to the establishment (exceptions made for prepaid reservations at the time of booking).
The establishment reserves the right to refuse any reservation in the event of an incorrect credit card number or incomplete reservation.
Reservations, whatever their origin, will be payable in Euros only.
The institution accepts the following credit cards: Visa, Mastercard and American Express, and has a secure booking system (SSL) that protects and encrypts all sensitive data transmitted at the time of booking to prevent disclosure to a third party.
When the reservation is registered, a credit card debit authorization will be made.
The total amount will be debited one month from the date of arrival.
The client is solely responsible for his choice of services and their adequacy to his needs, so that the institution's responsibility cannot be sought in this respect.
5. Payment
A deposit of 30% of the total amount of the stay is required to guarantee the reservation.
The balance is to be paid 15 days before your arrival.
For any reservation less than 15 days before your arrival, the total amount of the reservation will have to be paid at the time of reservation..
This prepayment is called a deposit.
There are two ways to pay the deposit:
- Either by check payable to Jean François Dufayet and sent directly to Lyon Urban Cocoon 7 impasse Jean Jaures 69008 (Contact us in this case).
or by credit card.
Or by online payment.
The reservation becomes firm and final only after receipt of the deposit or full payment, within the time limits.
5.1 Security deposit
On the day of arrival, a debit authorization of € 250.00 will be made on the credit card used for payment or otherwise will be requested by check or cash upon arrival of the customer. The security deposit will be fully refunded, or not debited, if no damage has been found by the establishment at the time of check-out.
6. Right of withdrawal
The customer is reminded, in accordance with Article L. 121-21-8 12° of the Consumer Code, that he does not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code.
The Terms and Conditions of Sale of the reserved fare specify the terms and conditions for cancelling and/or modifying the reservation.
7. Change of stay
Any change of reservation is subject to a request by email or telephone to the establishment. The application will not become effective until the institution has confirmed its acceptance in writing.
In the event of a change of stay, the following conditions apply (except in cases of force majeure):
- In case of no-show at the scheduled arrival date, your credit card will be charged for the total amount of the stay.
- Any stay started is entirely due.
8. Cancellation of stay
Any cancellation of a reservation must be requested by email or by phone to the establishment. The application will not become effective until the institution has confirmed its acceptance in writing.
In case of cancellation of stay, the following conditions apply (except in case of force majeure):
- For cancellations more than 30 days before the date of arrival, there will be no cancellation fee.
- For any cancellation between 30 days and 7 days before the date of arrival the cancellation fee is 50% of the total amount of the reservation.
- For any cancellation within 7 days of the date of arrival the cancellation fee is 100% of the total amount of the reservation.
- Any stay started is entirely due.
****In the case of COVID-19, the facility accepts last-minute changes and cancellations of stays if a new containment or movement restriction is to be decided by the government.****
9. Force majeure
Force majeure is understood to mean any event outside the parties that is both unforeseeable and insurmountable and that prevents either the customer or the establishment from fulfilling all or part of the obligations provided for in the contract.
Are considered as cases of force majeure or fortuitous event those usually recognized by the jurisprudence of the French Courts and Tribunals.
Each party shall not be liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure.
It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising therefrom.
10. Awards
The prices are indicated in euros.
VAT is always included.
The prices indicated only include the services strictly mentioned in the reservation.
The tourist tax will be added to the price mentioned in the booking.
The applicable prices are those in force on the day of the reservation. The establishments, which are independent professionals, are free to vary their prices at any time. Only the price indicated in the booking confirmation is binding.
11. Claims, disputes
Any complaint must be made to the establishment within 7 days of the date of stay.
In the absence of recourse to the conventional mediation procedure or to any alternative dispute resolution method within 30 days, either party may refer the matter to the competent judicial court.
In accordance with article L.612.1 of the Consumer Code, you can use the mediation service we provide by post free of charge: CMAP – Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris or via the online form www.cmap.fr/consommateurs
****In the case of COVID-19, the establishment has the right to refuse service if a customer refuses to have his temperature taken prior to registration. The customer being warned the payment of the stay will be due in its entirety. In the event that a client presents symptoms during their stay, the establishment will impose isolation in their room and a temperature reading. If the client refuses, or if the client voluntarily conceals symptoms, the facility has the right to refuse the service and end the client's stay. The rest of the stay will be due. ****
12. Responsibilities
It is the responsibility of the Establishment to take all guarantees and insurance necessary to welcome the public in its Establishment and to carry out its activity.
The institution's liability is limited in the event of theft of goods or objects when they have been entrusted to its custody only.
The customer must ensure the custody of his goods and materials. The customer will have to inform the establishment of any damage he may have caused. He is responsible for all damage caused by his intermediary and undertakes, in case of damage to the premises made available (apartments, common areas such as the corridor or entrance patio) to bear the costs of restoration.
Also any behaviour contrary to morality and public order will lead the establishment to ask the client to leave the establishment without any compensation and or without any reimbursement if a payment has already been made. If no payment has yet been made, the customer will have to pay the price of the nights consumed before leaving the establishment.
The customer undertakes not to invite any person whose behaviour is likely to be prejudicial to the establishment, the latter reserving the right to intervene if necessary. The client undertakes to ensure that participants and their guests respect all the rules and regulations of the establishment (in particular the smoking ban). The client will ensure that the participants do not disrupt the operation of the facility or jeopardize the safety of the facility and the persons therein.
Unless expressly stated otherwise, the guest must leave the room before 11:00 a.m. on the day of the end of the reservation. Failing this, he will be charged an extra night.
The establishment is non-smoking and pets are not allowed in our accommodation. If you smoke indoors or if you bring a pet of any size, you will have to leave the accommodation without any compensation or reimbursement.
We offer free WIFI access allowing customers to connect to the internet. The customer undertakes to ensure that the computer resources made available to him/her by the establishment are in no way used for 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 authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code when such authorisation is required. If the customer does not comply with the aforementioned obligations, he may be charged with a counterfeiting offence (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment. In addition, the customer is required to comply with the security policy of the establishment's Internet service provider, including the rules for the use of the security means implemented in order to prevent the illicit use of computer resources and to refrain from any act undermining the effectiveness of these means.
The photographs presented on the Site and the Mobile Services of the establishment or those of the partners are for information purposes only. Although every effort is made to ensure that the photographs, graphics and texts reproduced to illustrate the establishments presented give as accurate an overview as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or possible renovations.
The establishment cannot be held responsible for the non-execution or poor execution of the reservation in case of force majeure, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in case of prepayment not authorized by the bearer's bank.
13. Dislocation
In the event of an exceptional event or the impossibility of making the reserved room available to the client or in the event of force majeure, the establishment reserves the possibility of having the client stay totally or partially in an establishment of an equivalent category, for services of the same nature and subject to the prior agreement of the client.
Any additional cost of the room, transport between the two establishments and a telephone call remain the responsibility of the establishment.
14. Mediation
The decree of October 30, 2015 relating to the mediation of consumer disputes, which transposes into French law Directive 2013/11/EU of May 21, 2013 relating to the out-of-court settlement of consumer disputes, and Order No. 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes, specify the conditions of application of Article L152-1 of the French Consumer Code, which requires professionals in all consumer sectors to offer a mediation procedure in the event of a dispute with their customers. According to the law, the outcome of the mediation must be reached within 90 days. We invite you to formulate your requests exclusively by email which will bring a dating of your correspondence and to keep a personal archive of it.
Internal Mediation
For all disputes that have not been resolved, we invite you to contact the Internal Mediation service, which undertakes to provide you with a satisfactory response within 30 days.
In the event of dissatisfaction, you will be informed of the possibility of recourse to an external mediator of your choice.
External Mediation
You will find all official information about mediation on the government website: http://www.economie.gouv.fr/mediation-conso.
We invite you to visit the Medicys website: https://www.mieist.bercy.gouv.fr.
If you are a member of FEVAD or want to consult or join: http://www.mediateurfevad.fr
The DGCCRF website: https://www.economie.gouv.fr/dgccrf
You can also consult the appeals of the European Commission: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
We bring to your attention the existence of the European authority, which is called upon to issue binding decisions on disputes concerning cross-border processing activities, thus ensuring uniform application of EU rules and avoiding different responses to the same case in different jurisdictions: https://edpb.europa.eu/edpb_fr.
15. Applicable law
The present conditions of sale are subject to French and European law.