Article 1: Scope of the General Terms and Conditions of Sale
These general terms and conditions govern sales of stays made by Camping des Bains. They constitute the entirety of the contractual relations between the Campsite and its customers. All other terms are excluded, unless a modification is accepted by the customer at the time of booking.
Camping des Bains is operated by SAS LILI CAMPING, with a share capital of €10,000, registered office at 15 avenue Jean Mermoz, 58360 Saint-Honoré-les-Bains (SIRET 910 723 758 00025, RCS Nevers; telephone 06 36 36 42 73; e-mail info@campingdesbains.com), hereinafter « the Campsite » or « the Company ».
The Campsite reserves the right to modify its general terms and conditions at any time. However, the version applicable to the customer is the one accepted at the time of booking.
Article 2: Acceptance of the General Terms and Conditions of Sale
The customer is deemed to accept these General Terms and Conditions of Sale without reservation. The customer accepts them when booking online or on receiving the booking confirmation by e-mail. This acceptance applies to the customer and to all persons taking part in the stay. The General Terms and Conditions of Sale are also available on the Campsite’s website and at Reception.
Article 3: Booking
3.1 Booking conditions
Booking methods:
The customer may book online, by telephone or directly on site.
Confirmation of the booking:
Any booking request is considered final from the moment it is accepted by the Campsite. The Campsite reserves the right to refuse a booking depending on availability or any other circumstance that may harm the planned stay. Acceptance of the booking is confirmed by sending a confirmation by e-mail, by post or by hand delivery.
To confirm a booking, the customer must make a payment comprising:
A deposit of 30 % of the total amount of the stay.
It is expressly specified that actual payment of the 30 % deposit of the total amount of the stay is the sole condition for final confirmation of the booking.
The online or handwritten signature of a quotation, whatever the medium used, does not constitute confirmation of the booking in the absence of actual payment of the deposit.
From the date the quotation is signed, the Customer has a maximum period of five (5) calendar days in which to pay the deposit.
Failing payment of the deposit within this period, the Campsite reserves the right not to confirm the booking and to immediately put the accommodation or pitch concerned back on sale, without the Customer being entitled to any compensation.
The online provision of the customer’s bank card number and the final validation of the order constitute proof of the customer’s agreement and make the sums due under the booking payable, together with all transactions carried out.
Capacity and persons taking part in the stay:
The booking is made in a named person’s name and is personal. The customer must be over 18 years of age and take part in the stay booked.
He or she must also provide, as required by law, the number and age of all participants, including minors and newborns. The Campsite reserves the right to refuse any person not registered at the time of booking. Any incorrect information may lead to cancellation of the stay. Since the booking is made in a named person’s name, it may not be transferred or sublet, in whole or in part, without the prior, written and express agreement of the Campsite. For safety and insurance reasons, the maximum number of occupants per type of accommodation or pitch, as indicated on the website, must be respected. The Campsite will refuse any person exceeding this capacity, with the exception of any visitors invited by the customer for the day.
Groups:
The Campsite offers family-oriented stays, with accommodation specially designed for this purpose. The Campsite reserves the right to refuse any booking that does not comply with the reception and accommodation capacities offered.
The Campsite considers as a group any booking of 5 or more rental accommodations or pitches, made by the same natural or legal person, or by different natural persons who know each other and travel together for the same reasons, on the same dates and at the same campsite. Group booking requests must be sent by e-mail to the address info@campingdesbains.com or by telephone on 03 86 30 73 44 (price of a local call depending on your operator), specifying that it is a group booking request. The Campsite reserves the right to review the request before accepting or refusing it.
3.2 Important information
Admission of minors:
For obvious reasons of safety (swimming pool, evacuation of the Campsite in an emergency, etc.) and health (hospitalisation, etc.), minors not accompanied by their legal guardians are not admitted. Minors accompanied by their legal guardians are under their full responsibility and must never be left unsupervised on the Campsite, including in the water park.
Non-contractual nature of promotional materials:
All documents other than these General Terms and Conditions of Sale, such as catalogues, brochures, advertisements and leaflets, are for information and guidance only and are not contractual. Plans and photos of the rental accommodations are provided for illustrative purposes. The layout and features of the rooms may vary from one model to another. You are advised to consult the detailed description of the layout available in the “accommodation” section of the Campsite’s website to find out the exact composition of each rental accommodation. A description is also available inside each rental accommodation. For any question, the Campsite is at your disposal on 03 86 30 73 44 (local call rate depending on your operator).
Campsite facilities and activities:
Some of the activities and facilities offered by the Campsite (directly or through service providers), such as wifi or items mentioned in the description, may be withdrawn or unavailable, in particular for weather-related reasons or in cases of force majeure, or may not be operating, in particular in the early and late season. The Campsite accepts no liability in this respect. The Campsite will inform the customer of any works, incidents or developments in progress during their stay.
Article 4. Prices
The applicable prices are those stated at the time of booking by telephone, on the internet or at the Campsite. They are subject to change during the season and are expressed in euros, TVA included.
Any subsequent change in the applicable TVA rate, occurring between the time the prices were set and the invoicing of the stay, will result in a proportional change in the price including tax, which the Customer accepts without reservation.
The price includes:
The rental of the pitch or of the equipped rental accommodation as defined on the website;
Water and gas consumption, and electricity for rental accommodation and for pitches booked with electricity;
Access to the Campsite, its equipment, facilities and entertainment (except those listed below) as defined in the brochure and on the websites;
One vehicle per rental accommodation or per pitch (the parking space is not necessarily on the rented pitch).
The price does not include:
The various taxes;
Paid activities offered by the Campsite, payable on site;
Supplements such as cleaning fees;
Security deposits;
The booking fee;
Any additional vehicle, which is subject to a supplement according to current rates;
Electricity for pitches booked without electricity, according to current rates;
Cancellation / interruption insurance;
Optional equipment.
Thermal-cure guest rate:
The thermal-cure guest rate is strictly subject to the Customer providing proof that a cure at the thermal baths has actually been booked. Failing presentation of this proof, the thermal-cure guest rate cannot be applied or maintained.
Article 5. Payment terms and methods
5.1 Payment terms
For bookings made more than 30 days before the start of the stay, a deposit of 30 % of the total amount of the stay must be paid at the time of booking. The balance must be paid no later than 15 days before the start date of the stay.
For any booking made less than 30 days before the start of the stay, full payment must be made at the time of booking.
Failing full payment on the agreed date, the Campsite is entitled to consider that the Customer has cancelled their booking and retains any sums already paid.
For groups, the payment terms are specified at the time of booking.
5.2 Payment methods
The payment methods accepted by the Campsite for the deposit and/or the full cost of the stay vary according to the date of payment:
If payment is made at least 30 days before the arrival date: it may be made by bank card, bank transfer, holiday vouchers (sent by registered post with acknowledgement of receipt) and by cheque in euros (sent by registered post with acknowledgement of receipt).
If payment is made between 29 and 15 days before the arrival date: it may be made by bank card, bank transfer, holiday vouchers and by cheque in euros (sent by registered post with acknowledgement of receipt).
If payment is made between 14 days before and the day before arrival: it can only be made by bank card or bank transfer.
For any payment on site: the customer may pay the balance by bank card, cash and cheques in euros.
5.3 Details on bank card payments
The bank cards accepted are those of the Carte Bleue networks (Visa, Eurocard/Mastercard). American Express is not accepted. The transaction is debited immediately from the Customer’s bank card once the card details have been checked. In accordance with Article L.133-8 of the French Monetary and Financial Code, a payment order can no longer be revoked once it has been received by the payer’s payment service provider. By providing their bank card details, online or by telephone, the Customer authorises the Campsite to debit the deposit or the full amount of the stay from their card. To this end, the Customer confirms that they are the holder of the card to be debited and that the name on the card is indeed their own.
Article 6. Services not included in the price
6.1 The tourist tax
The tourist tax is collected on behalf of the municipalities and is payable at the Campsite. Its amount, set per person per day, varies depending on the destination and may be changed during the year.
6.2 Paid activities offered by the Campsite, payable on site
Some activities offered by the Campsite or one of its service providers are optional and chargeable. It is specified that access to the Campsite’s swimming pool is not a chargeable activity.
6.3 Cleaning fees
The Customer may request that the departure cleaning be carried out by the Campsite in return for a cleaning fee, the amount of which varies according to the range of the mobile home. The cleaning fee does not include washing the dishes and kitchen utensils, and the rubbish must be taken out.
6.4 The security deposit
For any stay in rental accommodation, a security deposit of 200 € is required on the day of arrival, by bank card or cheque. It is returned in full on the day of departure, or within fifteen days at the latest, after the check-out inspection.
The accommodation must be left clean. The check-out inspection is carried out on departure, with photos. If the cleaning has not been done, the cost of the cleaning required is deducted from the security deposit, up to the cleaning fee in force for the accommodation concerned, as displayed at reception and when booking. The Client is informed in writing, with photos attached, and the balance is returned.
In the event of damage, breakage or loss, only the amount of the loss actually found (restoration, repair or replacement, with supporting documents) is deducted from the security deposit. If it exceeds the security deposit, the difference is payable by the Client, on presentation of the supporting documents.
If the client paid the security deposit in cash and wishes to get it back immediately on departure, they must make an appointment no later than the day before departure for the inspection of their accommodation.
6.5 Cancellation / interruption insurance
The Campsite offers, as a paid option, cancellation and stay interruption insurance, through its partner Gritchen Tolède & Associés – Insurance brokerage company, registered office: 27 Rue Charles Durand – CS 70139 – 18021 Bourges Cedex – France.
It is not refundable in the event of cancellation. All of the cover is detailed in the general insurance conditions and in the insurance product information document made available before the contract is concluded, and also on the Campsite’s website.
6.6 Charging an electric vehicle on the rented pitch
Charging an electric vehicle from the domestic sockets on the Campsite’s pitches is strictly prohibited. The Campsite’s electrical installation is intended for the proper operation of the rental accommodation and infrastructure and is absolutely not suited to charging customers’ personal vehicles.
6.7 Optional equipment
The Campsite offers optional equipment such as baby cots, barbecues, etc. This equipment is provided on request and subject to availability. For any questions, the Campsite is at your disposal on 03 86 30 73 44 (local call rate, depending on your operator).
Article 7. Withdrawal
The Customer is informed that, under Article L. 221-28, 12° of the French Consumer Code, the sale of accommodation services provided on a specific date or for a specific period is not subject to the provisions on the withdrawal period applicable to distance selling. No right of withdrawal therefore applies to stays sold by the Campsite. This exemption does not, however, apply to any insurance taken out (14-day period in accordance with, and within the framework of, the legal provisions).
Article 8. Modification of the booking / stay
Any modification request must be made at least 10 days before the start of the stay. It is the Customer’s responsibility to submit the request to the Campsite by registered letter with acknowledgement of receipt sent to the Campsite’s address, or by e-mail to the following address: info@campingdesbains.com. The Campsite will make every effort to accommodate the request, subject to availability and the applicable rates. If the modification is not possible or not accepted, the Customer must carry out the stay under the conditions originally planned or cancel it.
Article 9. Cancellation of the stay
9.1 Cancellation by the Campsite
Except in cases of force majeure or causes beyond the Campsite’s control, any cancellation of the stay initiated by the Campsite will result in a full refund of the sums paid by the Customer.
This refund does not deprive the Customer of the right to seek compensation for any loss actually suffered as a result of this cancellation, where it results from a fault or breach attributable to the Campsite, in accordance with the ordinary rules of contractual liability.
9.2 Full or partial cancellation by the Customer
It is the Customer’s responsibility to notify the Campsite by registered letter with acknowledgement of receipt sent to the Campsite’s address, or by e-mail with acknowledgement of receipt to the following address: info@campingdesbains.com. The date on which the cancellation is received will determine any cancellation fees.
To allow any sums due to be refunded, the Customer must enclose with the cancellation request a bank details slip (Relevé d’Identité Bancaire, RIB) in their own name.
If the RIB is not provided, no refund can be made.
The refund will be made exclusively by bank transfer to the account indicated by the Customer.
The Campsite cannot be held responsible for refund delays attributable to missing or incorrect bank details provided by the Customer.
In the absence of any written notice under the aforementioned conditions, the Customer will be liable for payment of the full amount due for the booking.
The applicable cancellation fee scale is as follows:
No cancellation fee 31 days (or more) before the stay;
Between the 30th and the 16th day inclusive before the stay: 30% of the total rental amount will be charged;
15 days or less before the stay, or in the event of a no-show: the full amount due for the booking will be charged.
It is expressly stated that, whatever the cancellation date, any fees for taking out cancellation/interruption insurance are non-refundable.
10.1 Arrival and departure times
Arrivals are from 4 pm and departures before 10 am, for rental accommodation and pitches alike.
Should a Customer be unable to meet the arrival times, it is their responsibility to contact Reception immediately to try to find a solution. If the Customer fails to appear within 24 hours of the planned arrival date and has sent the Campsite no written notice establishing a certain date, the Campsite reserves the right to put the accommodation or pitch back on sale.
No refund or compensation will be made. No reduction will be granted for late arrival or early departure.
Late departure
A departure after 10 am is possible on prior request at Reception, subject to availability, at the rate quoted by Reception when the request is made.
Without prior agreement, a grace period applies until 10.30 am. After that, late departure is charged as follows:
– half a night, for a departure between 10.30 am and 12 noon;
– one night, for a departure after 12 noon.
The price of one night is the total price of the booked accommodation or pitch divided by the number of nights of the stay, excluding options and tourist tax. The time taken into account is when the keys are returned to Reception or the pitch is vacated, as recorded by Reception.
For rental accommodation, the amount due may be deducted from the security deposit; the Customer is informed in writing and the balance is refunded. For pitches, it is paid at Reception on departure.
10.2 Check-in / Check-out
Check-in – On arrival, Reception checks the customer’s balance. The Customer must have paid the balance in full, present valid official photo identification and pay the security deposit under the conditions set out above. After registering the Customer’s arrival, Reception will hand over, in particular, the keys to the rental accommodation and the regulatory information. It is the Customer’s responsibility to check the inventory upon arrival and to report any non-conformity on the day of arrival.
Check-out – The Client must return the accommodation clean. Otherwise, the cost of cleaning may be deducted from the security deposit, under the conditions of article 6.4. Any item broken, lost or damaged during the stay may be charged to the Client.
10.3 House rules
During the stay, the Customer undertakes to comply with the Campsite’s house rules, which are available and displayed at Reception as well as on the Campsite’s website. These provisions apply to anyone staying with the Customer or under their responsibility.
Unless otherwise stated in the Campsite’s house rules or expressly authorised by the Campsite, setting up a tent is prohibited on rental accommodation pitches.
In the event of a clear breach of these rules, the Manager may impose sanctions up to and including termination of the contract, in particular in the case of disruptive behaviour contrary to the peace and calm of the site, or violent behaviour, or insulting, racist or threatening remarks made towards other Customers, Campsite staff or its partners or suppliers. The Customer is informed that access to the accommodation may also be refused.
10.4 Animals
Two pets are allowed per rental accommodation or pitch, provided they are reported at the time of booking or on arrival at the site. Pets may not roam freely and must be kept on a lead, including on the rented pitch. They are not allowed in the water park, the children’s play area or the sanitary blocks.
The Customer must pick up animal waste, and the animals’ behaviour must not disturb the peace of other customers. The Customer is asked not to leave their dog alone. Animals are accepted subject to two conditions:
valid rabies vaccination;
identification by microchip or tattoo (I-CAD identification card or European pet passport).
The customer must bring the animal’s health record. Dangerous or aggressive animals (including category 1 and 2 dogs) and exotic animals are not accepted.
10.5 Visitors
Any visitor invited by the Customer must be reported and registered at the Campsite’s Reception. The Campsite reserves the right to refuse them access to the Campsite’s services. Visitors must comply with the Campsite’s rules.
Visitors are admitted free of charge, for the day only: they may not stay overnight at the campsite. After approval by the manager or their representative, they must report to the reception office. They do not have access to the swimming pool, which is reserved for campsite guests. Their vehicle must be parked outside the campsite or in the visitor car park.
Article 11. Liability
Open-air accommodation does not fall within the scope of hotelkeepers’ liability provided for in Article 1952 of the French Civil Code. Consequently, except for proven fault on the part of the Campsite or its staff (in particular a breach of a duty of supervision, safety or safekeeping incumbent upon it), the Campsite cannot be held liable in the event of loss, theft or damage to personal belongings, whether in the Campsite, the car parks or the communal facilities (bike room, sanitary facilities, etc.). It is specified that parking is at the Customer’s own risk. The Customer is required to take out third-party liability insurance and, where appropriate, to contact their usual insurer to extend the cover of their home insurance policy to the accommodation occupied for the duration of the stay.
For all stages of access to the Website, the booking process and subsequent services, the Company is bound only by an obligation of best efforts. Although the Campsite makes its best efforts to keep the service operational, it cannot offer any guarantee as to the continuity of access to its Website and therefore disclaims all liability for any direct and/or indirect damage caused by the impossibility of accessing it in whole or in part, or that may arise from the use of the service by an internet user. The Campsite cannot be held criminally or civilly liable for the consequences resulting from improper or unauthorised use of the Website or its content by users or any other third party.
The Campsite cannot be held liable for the communication, by any third party, of photographs for which they have declared they hold the rights, or of false, misleading or erroneous information that may be stated in catalogues or on websites concerning the Campsite, in particular presentation photos, descriptions, activities, leisure facilities, services and operating dates.
The Campsite cannot be held liable for non-performance or poor performance of the contract in the event of fault on the part of the Customer, force majeure, or an unforeseeable and unavoidable act of a third party unconnected with the provision of the services under the contract.
Article 12. Complaint
Any complaint must be reported by the Customer to the Campsite during their stay so that the Campsite can remedy or record the non-conformity. If the non-conformity could not be resolved on site, the Customer may send a written complaint to the Campsite so that it can try to remedy it. In order to examine the complaint as thoroughly as possible, the Customer is asked to provide as soon as possible all factual evidence (in particular photographs and videos) that they can gather, unless the non-conformity was recorded on site by the Campsite. Any complaint relating to the Customer’s stay must be sent by post to the Campsite’s address or by email to info@campingdesbains.com. If the complaint is unsuccessful, the Customer may refer the matter free of charge to the consumer mediator, whose contact details are given in Article 15.
No complaint can be taken into account for an incident that was not reported to the Campsite Manager during the stay.
Article 13. Protection of personal data
13.1 Data collection
When browsing our website, information is collected about our Customers.
There are 3 categories of information:
Information the Customer provides to us when making a booking request: surnames, first names and dates of birth of all participants, postal address, email address, telephone number;
Information we collect automatically: cookies (see the cookie policy);
Information we collect from third parties.
All of this information is considered confidential by the Company. It is used only by the Campsite’s internal departments, to process the Customer’s request and to strengthen and personalise the communication and range of services reserved for Customers.
Details of the data collected, its purposes, how long it is kept and the Customer’s rights (access, rectification, erasure, restriction, objection, portability) are set out in the privacy policy, available on the Campsite’s website.
Article 14. Image rights authorisation
During their stay, the Customer and the persons accommodated with them (hereinafter the “Accommodated Persons”) may be photographed or filmed within the Campsite as part of group shots (hereinafter the “Images”), which the Customer accepts on their own behalf and on behalf of the Accommodated Persons. The Customer also authorises, on their own behalf and on behalf of the Accommodated Persons, the Campsite to publish the Images on its social networks for a maximum period of 5 years from acceptance of these General Terms and Conditions of Sale.
In any event, it is understood that the Customer and the Accommodated Persons:
may withdraw the above authorisations by notifying the Campsite reception in writing during their stay;
after the Images of them have been published on social networks, may request their removal by sending an email to the following address: info@campingdesbains.com ;
will receive no remuneration for the publication of the Images as provided for in this article.
Article 15. Governing law, jurisdiction and mediation
These General Terms and Conditions of Sale are governed by French law. Any dispute relating to their application falls within the jurisdiction of the French courts, subject to the mandatory rules of jurisdiction applicable to consumers.
Consumer mediation. In accordance with Articles L.611-1 et seq. of the French Consumer Code, the consumer Client is entitled to use a consumer mediator free of charge to seek an amicable settlement of any dispute with the Campsite. The Campsite has appointed: the travel and tourism mediation association MTV, CS 30958, 75383 Paris Cedex 08, website: www.mtv.travel (online referral: https://mtv.travel/demande-saisine/). The Client may refer the matter to the mediator after first trying to settle the dispute directly with the Campsite through a written complaint (Article 12) and, if no solution is found, within one year at most of that written complaint.
In accordance with Article 1356 of the French Civil Code, it is expressly agreed that the data stored in the information system of the Company and/or its partners has evidential value. Data stored in this way on computer or electronic media, if produced as evidence by the Company in any legal or other proceedings, shall be admissible, valid and enforceable between the parties.
Article 16. Partial invalidity of the General Terms and Conditions of Sale
Should any of the clauses of these General Terms and Conditions of Sale be null and void as a result of a change in legislation or regulations or of a court decision, this shall in no way affect the validity and enforceability of these General Terms and Conditions of Sale.
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