Terms of Sales
Terms and conditions
Commercial brand : CARAÏB'BAY HOTEL, hotel managed by the SARL LES 5 C with a share capital of 2000 € and headquarters located at 410 allée du coeur - 18 rte départementale 97126 DESHAIES, registered in the RCS of Basse Terre under number 799 653 126 00018
I Application
These General Terms and Conditions of sale (hereinafter "GTC") apply to sales transactions concluded by the Caraïb'Bay Hotel with the customer. They cancel and replace any previous version that could be put online and/or accepted by the customer.
These General Terms and Conditions apply to all uses of the website, in particular the internet and phone marketing of all services offered.
It is therefore imperative that the customer carefully reads the terms and conditions.
The terms and conditions may be supplemented by specific conditions of sale appearing on the description of the service as well as by the conditions of sale of the service providers, accessible either on the website or on site.
II Capacity
The Client acknowledges having the capacity to contract, that is to say to have the legal age and not be under curatorship or guardianship. The Client also declares that they use the website in accordance with these Terms and Conditions, on their own behalf and on behalf of all the beneficiaries of the services ordered by them on the Site and against which these General Terms and Conditions shall be enforceable.
The Customer is financially responsible for the use of the Site made both on his behalf and on behalf of the Beneficiaries, except if they can demonstrate fraudulent use resulting from no fault or negligence on their part.
The Customer guarantees the veracity and accuracy of the information provided by them on their behalf and on behalf of all Beneficiaries using their data on the Site.
The Caraïb'Bay Hotel reserves the right at any time not to contract with a Customer that would fraudulently use the Site or that would violate these Terms.
The contract is for a specific number of people. If the number of customers exceeds this number, the hotelier is able to refuse additional customers. This refusal can in no case be considered as a modification or a breach of the contract at the initiative of the hotelier, so if there is a departure of a greater number of guests than those refused, the price corresponding to the cost of accommodation remains acquired by the Caraïb'Bay Hotel.
III Animals
Pets are not accepted.
IV Right to withdrawal
As stated in the Article L 221-28-12 of the French Consumer Code, the services offered on the Caraïb’Bay Hotel website are not subject to the application of the right of withdrawal provided for in Articles L. 221-18. Consequently, the services ordered on the Site are exclusively subject to the cancellation and modification conditions provided in these Terms and Conditions and the Customer may not invoke the right to withdraw.
V Prices
Prices are indicated in Euros. VAT is included in the prices. Any change in the applicable rate, or any change or introduction of new statutory taxes introduced by the competent authorities, will be automatically reflected in the prices indicated on the invoice date.
Rates are per room for the number of persons indicated and according to the selected period.
The prices indicated only include the services strictly mentioned in the reservation. To the price mentioned in the reservation will be added the additional services provided during the stay and, if applicable, the tourist tax of 1€ per day and per adult (18 years and +).
Children aged 12 and over will be considered adults. Please enter them in the field - adults
CHILDREN’S CONDITIONS
0-2 years (included): Free
The prices mentioned on the site are subject to change at any time by the Hotel without prior information or notice. Only the price indicated in the booking confirmation by the Caraïb'Bay Hotel is contractual.
No stay booked before the implementation of a possible promotional offer will be refunded, even partially.
A deposit of 30% of the total amount of the stay will be requested in order to confirm the reservation. The deposit implies a firm commitment by both parties and therefore the obligation to honour the reservation: the parties can no longer reverse their commitment.
VI Online bookings
When placing an order , the Customer must:
- Fill in the identification form on which they will indicate all the requested details or give their Customer number if they have one,
- complete the online order form with all references of the selected products or services,
- validate the order after checking it,
- confirm the order and payment in the case of an option for a pre-payment plan (advance purchase), or send to the Caraïb’Bay Hotel your bank details.
The confirmation of the order implies acceptance of these sales conditions, the recognition of having perfect knowledge of them.
All data provided and the recorded confirmation will be used as proof of the transaction. The confirmation shall constitute the signature and acceptance of the transactions carried out.
The Caraïb’Bay Hotel sends the Customer, by email, the confirmation of the registered order.
VII Booking confirmation
The booking is firm and final only after receiving of the 30% deposit of the stay by credit card, and by confirmation sent to the Customer by the Caraïb’Bay Hotel.
VIII Modification and/or cancellation of a booking
Cancellations and/or modifications of reservations may be permitted.
The modification and/or cancellation of a reservation is firm and final only after confirmation by email from the Caraïb'Bay Hotel.
The date of reception of the request for a modification and/or cancellation (by mail, telephone) is the date chosen for the cancellation.
The cancellation of a booking will be done as follows:
- More than 30 days before arrival: the deposit is not returned
- 30-15 days: 50% of the amount of the stay will be requested
- 14-2 days: 75% of the stay amount will be requested
- Less than 2 days: 100% of the stay will be requested.
The stay can be postponed depending on availability.
The Customer will always have the option to purchase cancellation insurance offered by the Company and via the following link: https://www.caraibbayhotel.com/en/contact-et-infos-pratiques.html
In case of no-show by the Customer at the Hotel and in the absence of cancellation:
- the deposit paid at the time of booking will be kept by the Hotel
Moreover, for a stay of at least 2 nights, in case of no-show of the Customer on the first day of the stay, the Hotel is not required to keep the room for the remaining duration of the stay.
The Client is asked to plan an arrival at the Hotel before 8pm, and to inform us in case of late arrival, under penalty of being considered as not having presented himself on the first day of the stay.
IX DISLODGING
In case of unavailability at the Hotel or in case of reasons out of the hotel’s control, the latter reserves the possibility to have the Customer completely or partially housed in a hotel of equivalent or higher category, offering services of the same kind. The transfer will then be at the expense of the hotelier who cannot be sought in payment of any additional compensation.
X COMPLAINTS
Any complaint must be sent to the following address: CARAÏB’BAY HOTEL 410 allée du coeur 97126 DESHAIES – GUADELOUPE- France within the 15 days following the departure of the stay subject to the said complaint. After this period, no claim can be taken into account.
XI MEDIATION
After contacting the Customer Reservation service and failing a satisfactory response within 1 month, the customer can contact:
Mediator of Tourism and Travel, whose contact details are below:
Postal address: Mediation Tourism and Travel
PO 80 303 75 823
Paris Cedex 17
Website: www.mtv.travel
XII COMPUTING (IT) AND FREEDOM
Under Law 78-17, known as IT and Freedom, customers are informed that their booking is subject to computerized personal data processing. Customers have the right to access and rectify the data entered. Any complaint must be sent to the following address: CARAÏB’BAY HOTEL 410 allée du coeur 97126 DESHAIES – GUADELOUPE- France. It is specified that this information is not communicated to third parties.
The Caraïb’'Bay Hotel offers Wi-Fi internet access. The Client understands that resources made available shall not be used in any way for the purposes of reproduction, representation, provision or communication of public works or objects protected by copyright, by a neighbouring right such as texts, photographic images, audiovisual musical works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code where such authorization is required.
Your e-mail address is confidential. The Caraïb’Bay Hotel agrees to never distribute it or transmit it to third parties. Following the Data Protection and Freedom Act of 6 January 1978, you have the right to access, modify, rectify and delete your personal data. You can exercise this right by sending us an e-mail at reservation@caraib-bay-hotel.com
A customer that does not wish to be contacted by phone can sign-up freely to a list against telephone solicitation ,for mor information : BLOCTEL
XIII RESPONSABILITIES AND USE OF PREMISES
The customer must respect the peaceful nature of the places and make use of them in accordance. They will leave the accommodation in good condition. The Caraïb’Bay Hotel declines all responsibility in case of theft, loss, degradation of the effects belonging to the guests during their stay. The Customer shall be held responsible for any damage, degradation or vandalism that may occur as a result of the occupancy of the premises and/or of the participants and/or the staff for whom they are responsible, both for movable property, decoration and real estate belonging or not to the hotel. As a result, the Caraïb'Bay Hotel has every right to ask the Client to leave the establishment without any compensation and without any refund of the current stay, and to reimburse the damages caused by these acts.
The Caraïb’Bay Hotel in the process of online sales, is only bound by an obligation of means. Its liability cannot be incurred for any damage resulting from the use of the Internet network such as data loss, intrusion, virus, service disruption, or other unintended problems.
XIV Applicable Law
These General Conditions of Sale are governed by French law. This is the case for both the substantive rules and the rules of form. Disputes will fall under the exclusive jurisdiction of the French courts.