Terms & conditions

Trade Name: CARAÏB'BAY HOTEL, a hotel managed by SARL LES 5 C , with a share capital of €2,000 and headquartered at 410 Allée du Coeur - 18 Rte Départementale  97126 DESHAIES, registered with the Basse-Terre Trade and Companies Register under number 799 653 126 00018

      I  APPLICATION

These General Terms and Conditions of Sale (hereinafter: “GTC”) apply to sales transactions entered into by Caraïb’Bay Hotel with the Customer. They supersede and replace any previous version that may have been posted online and/or accepted by the Customer.

These GTC apply to all use of the website, including the online and telephone marketing of all services offered.

It is therefore essential that the Customer read the GTC carefully.

The GTC may be supplemented by specific terms and conditions of sale included in the service description, as well as by the terms and conditions of sale of service providers, which are available either on their website or on-site.

       II   CAPACITY

The Customer acknowledges that they have the legal capacity to enter into a contract, meaning that they are of legal age and are not under guardianship or conservatorship. The Customer also declares that they will use the Site in accordance with these Terms and Conditions, in their own name and in the name and on behalf of all beneficiaries of the services ordered by them on the Site, for whom they acknowledge acting as an agent (hereinafter: the “Beneficiaries”), and to whom these Terms and Conditions shall be enforceable.

The Customer is financially liable for the use of the Site made both in their own name and on behalf of the Beneficiaries, unless they can demonstrate fraudulent use not resulting from any fault or negligence on their part.

The Customer guarantees the truthfulness and accuracy of the information provided by him in his own name and in the name and on behalf of all Beneficiaries using his data on the Site.

Caraïb’Bay Hotel reserves the right at any time to refuse to enter into a contract with a Customer who makes fraudulent use of the Site or who violates these Terms and Conditions.

The contract is established for a specific number of people. If the number of guests exceeds this number, the owner may refuse the additional guests. This refusal shall in no way be considered a modification or termination of the contract at the owner’s initiative; therefore, in the event that a number of guests departs that exceeds the number refused, the price corresponding to the cost of accommodation remains due to Caraïb’Bay Hotel.

         III  ANIMALS

Pets are not allowed.

        IV  RIGHT OF WITHDRAWAL

Pursuant to the provisions of Article L 221-28-12 of the French Consumer Code, the services offered on the Website by Le Caraïb’Bay Hôtel are not subject to the right of withdrawal provided for in Articles L. 221-18 et seq. of the French Consumer Code concerning distance selling.

Consequently, services ordered on the Website are exclusively subject to the cancellation and amendment terms set out in these GTC, and the Customer may not invoke the right of withdrawal.

         V  PRICE

Prices are quoted in euros. VAT is included in the rates quoted. Any change in the applicable rate, or any amendment to or introduction of new statutory taxes by the relevant authorities, will be automatically reflected in the prices quoted on the date of invoicing.

Rates are per room for the number of people indicated and according to the selected period.

The prices shown include only the services strictly mentioned in the booking. The price stated in the booking will be increased by the cost of any additional services provided by the hotelier during the stay and, where applicable, the tourist tax of €1 per day per adult (aged 18 and over).

Children aged 12 and over will be considered adults. Please enter them in the ‘Adults’ field

CHILDREN’S RATES
Ages 0 to 2 (inclusive): Free of charge

The prices listed on the website are subject to change at any time by the hotel without prior notice. Only the price stated in the booking confirmation issued by Caraïb’Bay Hotel is binding.

No stay booked prior to the launch of any promotional offer will be eligible for a refund, even partial.

A deposit of 30% of the total cost of the stay will be required to confirm the booking. The deposit constitutes a binding commitment on the part of both parties and therefore an obligation to honour the booking: neither party may subsequently withdraw from this commitment.

            VI   ONLINE ORDERS

When placing an order, the Customer must:

–        complete the registration form, providing all the requested contact details or their Customer number, if they have one,

–        complete the online order form, providing all the references for the selected products or services,

–         confirm their order after checking it,

–        confirm their order and payment if opting for a pre-payment plan (advance purchase), or provide Caraïb’Bay Hotel with their bank details.

Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them, and a waiver of the right to invoke one’s own terms and conditions of purchase or any other terms and conditions.

All data provided and the recorded confirmation shall constitute proof of the transaction. The confirmation shall constitute a signature and acceptance of the transactions carried out.

Caraïb’Bay Hotel shall send the Customer, by any means (email, post, fax, etc.), confirmation of the recorded order.

          VII BOOKING CONFIRMATION

The booking is only confirmed and finalised once the Customer’s deposit of 30% has been received by credit card and the Caraïb’Bay Hotel has sent confirmation to the Customer.

         VIII   CHANGING AND/OR CANCELLING A BOOKING

Cancellations and/or changes to bookings may be permitted.

A change and/or cancellation of a booking is only considered final and binding once an email confirmation has been received from Caraïb’Bay Hotel.

The date on which the request for a change and/or cancellation is received (by email, post or telephone) is the date used for the cancellation.

Cancellation of a booking will be handled as follows:

-     More than 30 days before arrival: the deposit is non-refundable

-     Between 30 and 15 days: 50% of the total cost of the stay will be charged

-     14 to 2 days: 75% of the total cost of the stay will be charged

-     Less than 2 days: 100% of the total cost of the stay will be charged.

However, the stay may be rescheduled subject to availability.

The Customer will always have the option to take out cancellation insurance offered by the Company via the following link: https://www.caraibbayhotel.com/en/book-my-stay.html

 

Insurance is offered at the time of payment confirmation.

If the Guest fails to arrive at the Hotel and no cancellation has been made:

-         the deposit paid at the time of booking will be retained by the Hotel

Furthermore, for a stay of at least two nights, if the Guest fails to arrive on the first day of the stay, the Hotel is not obliged to retain the room for the remainder of the stay.

The Guest is requested to plan to arrive at the Hotel at 8.00 pm and to notify the hotelier in the event of a late arrival, failing which they will be deemed not to have checked in on the first day of their stay.

         IX   EVICTION

In the event that the Hotel is unavailable or in the event of force majeure, the Hotel reserves the right to arrange for the Guest to be accommodated, in whole or in part, at a hotel of an equivalent or higher standard offering similar facilities. The cost of the transfer shall be borne by the hotelier, who shall not be liable for the payment of any additional compensation.

          X   COMPLAINTS

Any complaints must be sent to the following address: CARAÏB’BAY HÔTEL, 410 allée du cœur, 97126 DESHAIES – GUADELOUPE – France, within 15 days of the end of the stay to which the complaint relates. After this period, no complaints will be considered.

           XI  MEDIATION

If, after contacting the customer reservations department, the customer does not receive a satisfactory response within one month, they may refer the matter to the Mediation Service for Tourism and Travel, whose contact details are given below:

 

Postal address: Médiation Tourisme et Voyage

PO 80 303 75 823

Paris Cedex 17

Website: www.mtv.travel

https://www.mtv.travel/saisir-le-mediateur/

        XII  DATA PROTECTION

In accordance with Law No. 78-17, known as the Data Protection Act, customers are informed that their booking is subject to computerised processing of personal data. Customers have the right to access and rectify the data entered, which may be exercised by contacting the head office: complaints must be sent to the following address: CARAÏB’BAY HÔTEL 410 allée du cœur 97126 DESHAIES – GUADELOUPE – France.  It is specified that this information is not disclosed to third parties.

The Caraïb’Bay Hotel offers Wi-Fi internet access. The Customer undertakes that the IT resources made available to them shall not be used in any way for the purposes 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 and audiovisual works, software and video games, without the authorisation of the rights holders as provided for in Books I and II of the Intellectual Property Code where such authorisation is required.

Your contact details (telephone number, email address, postal address) are confidential.

The Caraïb’Bay Hotel  undertakes never to disclose or pass on your personal data to third parties. In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, amend, correct and delete your personal data. You may exercise this right by sending us an email to the following address: reservation@caraib-bay-hotel.com

Consumers who do not wish to receive cold calls can register free of charge on a cold-calling opt-out list. For further information: BLOCTEL

      XIII  RESPONSIBILITIES AND USE OF THE PREMISES

The guest must respect the peaceful nature of the premises and use them for their intended purpose. They undertake to return the accommodation in good condition. Caraïb’Bay Hotel accepts no liability for any theft, loss or damage to guests’ belongings during their stay. The Guest shall be held liable for any damage, deterioration or act of vandalism that may occur as a result of the occupation of the premises and/or the actions of guests and/or staff under their supervision, whether to movable property, furnishings or immovable property, whether or not belonging to the hotel. Consequently, the Caraïb’Bay Hotel reserves the right to ask the Guest to leave the premises without any compensation and without any refund for the current stay, and to reimburse the hotel for any damage caused by such acts.

In the online booking process, the Caraïb’Bay Hotel is bound only by an obligation of means. It shall not be held liable for any damage resulting from the use of the Internet, such as loss of data, unauthorised access, viruses, service disruption, or other unforeseen issues.

        XIV GOVERNING LAW

These General Terms and Conditions of Sale are governed by French law. This applies to both substantive and procedural rules. Any disputes shall fall within the exclusive jurisdiction of the French courts.