TERMS AND CONDITIONS OF SALE
PREAMBLE
For the purposes of these general terms and conditions of sale, it is agreed that the customers and STAY & COOK will be collectively referred to as the “Parties” and individually referred to as the “Party” and that the user who has validated a reservation or an order will then be referred to as the “customer”.
These terms and conditions apply to all countries and currencies. Any reservation or order implies full acceptance of the terms and conditions of sale.
STAY & COOK reserves the right to modify these terms and conditions of sale at any time by publishing a new version on its website www.stayncook.com. The general terms and conditions of sale applicable remain those in force on the date of the reservation or order.
ARTICLE 1: SCOPE OF APPLICATION
These terms and conditions apply, without restriction or reservation, to all sales transactions concluded by STAY & COOK.
ARTICLE 2 : CAPACITY AND ACCEPTANCE OF THE CUSTOMER
All Customers acknowledge that they have the capacity to contract under the conditions described in the general terms and conditions presented below, i.e. that they are of legal age and not under guardianship or curatorship. However, the management of the establishment reserves the right to ask the customer for proof of identity, including date of birth, upon arrival at the establishment.
The Customer acknowledges that these conditions are an integral part of the establishment's contract.
The Customer declares that he has obtained from STAY & COOK all the information required for his reservation.
The Customer acknowledges having read and accepted these terms and conditions, as well as all the terms of the proposal, before placing the order and accepting all the terms.
The Customer expressly accepts that entering the required banking information, accepting the present terms and conditions and validating the reservation constitute an electronic signature within the meaning of article 1316-4 of the French Civil Code, which has the same value between the parties as a handwritten signature.
The Customer, upon presentation of his/her identity document as stated in article 3.1 above, undertakes to complete the individual police form in the countries concerned by this article, in accordance with the provisions of article R. 611-42 of the Code de l'Entrée et du Séjour des Etrangers.
ARTICLE 3: RESERVATIONS
In order to guarantee a reservation, customers are asked to provide their credit card number, which is transmitted by secure means.
Rate conditions vary according to the services offered by STAY & COOK:
For room reservations, pricing conditions vary according to the platform used. They will be explained at the time of booking.
For gastronomic stays and weekends, a 50% deposit is required at the time of booking, and the balance must be paid 15 days before arrival. These reservations can be modified or cancelled up to 15 days before arrival.
Reservations for cooking workshops are non-refundable and require payment at the time of booking. If cancellation is requested at least 72 hours before the event, the customer will be offered a credit note for a later workshop. In this case, the service must take place within one year of the request.
For special events, estimates will be drawn up on request, and payment terms will be indicated in the estimate.
All reservations are firm and definitive only after STAY & COOK has sent confirmation to the customer.
ARTICLE 4: CHECK-IN / CHECK-OUT
It is agreed that the customer must leave the room before 11.00 a.m. on the day of the end of his/her stay. Failing this, and subject to availability, a “late check-out” option will be offered, at the posted rate, allowing the customer to leave the room before 3 pm. After this time, an additional night will be charged. Overnight rates will vary according to the room occupied and the day monopolized. If a room is not available, STAY & COOK reserves the right to access the unoccupied room in order to prepare it for new arrivals.
It is agreed that the customer may arrive from 3pm on the day of booking. The customer is requested to inform the establishment in the event of late arrival. In the event of arrival before 3 p.m. and if the room is not yet available, the customer will be asked to leave his luggage in the luggage room.
ARTICLE 5: RIGHT OF WITHDRAWAL
In accordance with article L. 121-20-4 of the French Consumer Code, the Customer is reminded that he/she does not have the right of withdrawal as provided for in article L. 121-20 of the French Consumer Code, if the services are provided on a specific date or at a specific frequency.
Without prejudice to the provisions of article 3, the contractual conditions may, where applicable, provide for a right of cancellation, depending on the content of the reservation validated by the Customer, and as indicated for each price list. In this case, the Customer has been informed of the relevant cancellation conditions.
Any request to modify or cancel a reservation must be made to the establishment by e-mail at booking@stayncook.com or via the platform used for the reservation. Changes to or cancellations of reservations are not binding until STAY & COOK has received confirmation from the customer.
Requests for changes or cancellations must be made according to the type of rate chosen and the booking platform used. These conditions will have been explained at the time of booking.
In the event of interruption of the stay, the full agreed price will be collected, with no right to reimbursement or to any credit or exchange for the customer for the unused part of the stay in the establishment. In the case of reservations where payment is made at the time of booking, no refund will be granted.
Without prejudice to the application of the right of cancellation for the rates concerned, any no-show (reservation not cancelled in the event of the right of cancellation and customer not present) without prior information from the establishment in order to take possession of the room reserved by the customer, this automatically entails payment of the first night's stay, including all extras booked, all taxes included, without any right to reimbursement on the part of the customer.
The conditions set out in article 6 apply to all reservation methods: internet, email, telephone or social networks.
ARTICLE 6: RATES & PRICES
The prices relating to the reservation of services are indicated before and during the reservation process and are valid at the time of the reservation request made by the Customer.
The prices indicated include only the services strictly mentioned in the reservation. Any additional services provided by STAY & COOK during the stay and any tourist tax will be added to the price mentioned in the reservation.
The amount of the tourist tax is provided per day and per adult, as an indication, and is subject to change. This tax, collected for the benefit of the municipality of Annonay, must be paid on site during your stay, or will be included in the amount of the reservation, depending on the platform used.
At check-in, a credit card imprint and proof of identity will be required. STAY & COOK reserves the right to charge the credit card used for check-in in the event of a no-show.
Prices are subject to value-added tax (VAT) and are shown inclusive of VAT at the rate in force at the time of booking confirmation, in Euros or in the currency selected by the customer.
If payment is made in a currency other than the Euro, exchange costs will be charged to the customer.
All bookings are payable in Euros as specified during the booking process.
Prices include the VAT applicable on the day of the order, and any change in the VAT rate will be automatically reflected in the prices indicated, particularly in the event of a change in the rate applicable on the day of consumption of the stay and Extras booked, compared with the rates applicable at the time the reservation was made.
If a rate implies that payment must be made at the establishment at the time of arrival or departure of your stay, and the customer's currency is not the same as that of the country in which the establishment is located, the rate debited by the latter may be different from that communicated at the time of booking, taking into account possible changes in exchange rates between the date of booking and the dates of stay at the establishment.
Any item stolen from the room during your stay will be charged at the current rate. The rate for each item will be the new purchase price of the item or equivalent at the date of purchase, plus 20%.
In the event of damage to the room, common areas or miscellaneous objects, STAY & COOK reserves the right to invoice the customer at the rate for the damage caused.
ARTICLE 7: PAYMENT
The customer provides his/her bank details as a guarantee for the reservation, as stipulated during the reservation process.
The payment is debited at the establishment during the stay, except in the case of special conditions or rates where the payment is debited at the time of reservation when certain rates are subject to the requirement of payment during the reservation process in accordance with the relevant specific contractual conditions previously accepted by the Customer.
In the case of tariffs subject to online payment, the debit is made at the time of completion of the reservation by the Customer, following an online debit computer process.
Following a stay at STAY & COOK, and regardless of how the reservation was made, STAY & COOK will issue an invoice, a copy of which will be given or e-mailed to the Customer upon request upon departure from the establishment.
During the Customer's stay, if payment has not already been made online or during the reservation process, and if the amount of the Customer's invoice exceeds the value of 400 Euros, STAY & COOK may demand payment for the service provided, in respect of the said stay.
Payment by cheque is not accepted, whether for temporary accommodation and/or catering services and/or any other services or sales of products provided by STAY & COOK to the Customer during his/her stay at the establishment.
In any event, any product or service reserved and delivered by STAY & COOK during the Customer's stay and not paid for in advance at the time of reservation must be paid for by the Customer at the latest at Check-out.
ARTICLE 8: COMPLAINTS AND LIABILITY
For any complaint, the Customer is invited to send a letter or an e-mail within 30 days of the date of stay to :
STAY & COOK
4, rue Ferdinand Pin
07100 Annonay
Email: lorangerie@stayncook.com
STAY & COOK is bound by the guarantee of conformity of the services, under the conditions set out in articles L. 111-2. of the French Consumer Code, without prejudice to any additional contractual guarantee that may be specifically agreed between the parties, outside these general terms and conditions, following a written contract duly signed by the parties.
STAY & COOK makes every effort to ensure that the photographs, graphic representations and texts provided give as accurate an idea as possible of the accommodation, catering and other complementary services offered. However, the Photographs are not contractually binding, since, on the one hand, the various rooms, even when they are all at the same price, all have different dimensions, and, on the other hand, variations may occur, notably due to changes in furniture, new decoration or possible renovations. Subject to availability, with the exception of a reservation made with an express request for the allocation of a private room and confirmed in writing to this effect by STAY & COOK, the Customer shall not be entitled to any claim as a result, provided that these variations do not affect the essential characteristics of the service.
STAY & COOK shall not be held liable for the non-performance or improper performance of the reservation in the event of force majeure, third-party events, events caused by the customer or its partners, such as the unavailability of the Internet network, inability to access the website, external intrusion, computer viruses or, in the case of online payment, the refusal of the cardholder's bank to authorize the transaction.
Although STAY & COOK offers a wifi Internet access service in the establishment, in the event of total or partial failure of this service, for whatever reason, during the stay in the establishment, which is not attributable to the establishment, the Customer shall have no right to cancel the reservation, nor to a refund of the reservation, nor to any compensation whatsoever.
STAY & COOK shall not be held liable for any indirect and/or consequential damages, in particular loss of profit, operating loss, acts of third parties, acts of the customer or acts of its partners.
Hypertext links on the www.stayncook.com website may lead to sites other than the STAY & COOK site, which accepts no responsibility for the content of these sites or the services offered.
STAY & COOK declines all responsibility in the event of loss or theft of objects or cash in the common areas or in the room, if these have not been placed in the safe.
Pets are not allowed at STAY & COOK, with the exception of guide dogs, which are admitted free of charge with the prior agreement of the establishment. STAY & COOK cannot be held responsible for any damage caused by animals present in the establishment, which remain the responsibility of their owner or guardian in accordance with the provisions of article 1385 of the French Civil Code. STAY & COOK reserves the right to invoice the owner or keeper for the damage caused.
ARTICLE 9: MEDIATOR
In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes, when the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the Tourism and Travel Ombudsman, whose contact details and procedures for referral are available on his website: www.mtv.travel.
The mediator must be contacted within one year of the initial complaint.
ARTICLE 10: ONLINE DISPUTE RESOLUTION PLATFORM
In accordance with Article 14 of Regulation (EU) n°524/2013, we inform the Customer that he also benefits from the possibility of lodging a complaint on the online dispute resolution platform set up by the European Commission (RLL platform). The RLL platform can be accessed by clicking on the following link:https://ec.europa.eu/consumers....
ARTICLE 11: DATA PROTECTION, PRIVACY AND IMAGE RIGHTS
The information requested from the Customer is compulsory and enables the reservation to be processed and the customer file to be managed.
The information communicated to STAY & COOK is kept for a period of time in accordance with the legal provisions in force.
In accordance with the provisions of French law no. 78-17 of January 6, 1978 on data processing, data files and individual liberties, as amended, all customers have the right to access, rectify, oppose or delete information concerning them by contacting lorangerie@stayncook.com.
By accepting these General Terms and Conditions of Sale, the Customer acknowledges and accepts that STAY & COOK may be required to collect his/her telephone details in order to provide the Services.
In accordance with Article L. 223-2 of the French Consumer Code, and Law No. 2014-344 of March 17, 2014 on consumer affairs, the Customer has the option of registering free of charge on the BLOCTEL (www.bloctel.gouv.fr) opposition list to telephone canvassing in order to no longer be canvassed by telephone. Customers can register free of charge on the BLOCTEL website.
The booking of overnight stays and/or other products or services in the establishment concerned and their consumption by Customers and/or their companions, or even the mere presence in the establishment, in no way authorizes any audiovisual recording, filming or photography operation whatsoever in the premises and outbuildings of the establishment, including the rooms, with a view to their commercial, promotional, advertising, press or public relations use, illustration of a website, etc., and more generally for any collective use or use likely to involve a public. The interior architecture and graphic creations adorning the common areas and rooms of the establishment are protected by copyright, the rights of which are fully reserved. Any audiovisual recording, filming, reproduction or representation of images involving the premises and outbuildings of the establishment concerned, other than for strictly private use, is subject to the prior authorization of STAY & COOK, under penalty of infringement punishable, in particular, by the civil and criminal provisions of the French Intellectual Property Code.
ARTICLE 12: MISCELLANEOUS
These terms and conditions are governed by French law.
Should any provision of these terms and conditions be declared null and void or ineffective, in any way and for any reason whatsoever, it shall be deemed unwritten and shall not invalidate the other provisions.
All disputes arising between the parties in connection with the interpretation and/or performance of these terms and conditions shall, in the absence of amicable agreement, be submitted to the exclusive jurisdiction of the competent court, with the exception of disputes concerning non-traders, for which the legal rules governing the attribution of jurisdiction shall apply.
Please note that all rooms are non-smoking. If you light a cigarette inside STAY & COOK, we will be obliged to charge a fine of 300 euros to your credit card.