GENERAL TERMS AND CONDITIONS OF SALE

Preamble
Scope of application
1. Definitions

2. Purpose

3. Description of Services
3.1 General provisions
3.2 Services – rules relating to hotel stays and Catering and Wellness Services
3.2.1 Check-in and check-out rules
3.2.2 Pets
3.2.3 Swimming pool
3.2.4 Fitness room
3.2.5 Children
3.2.6 Consumption of food – use of rooms and hotel premises
3.2.7 Laundry service
3.2.8 Luggage storage
3.2.9 Parking
3.2.10 Wi-Fi and network access
3.2.11 Code of conduct
3.2.12 Security
3.2.13 Valuables
3.2.14 Client Liability – Damage and harm caused to the property of the establishment
3.2.15 Non-smoking environment
3.2.16 Room change and relocation
3.2.17 Maintenance and repairs
3.2.18 Filming and photo shoot policy

4. Reservations
4.1 Booking Channels
4.2 Acceptance of the Contract
4.3 Booking Confirmation
4.4 Process for Booking a Service or Purchasing a Gift on the Website
4.4.1 Booking a Hotel Service:
4.5 Process for Booking a Service or Purchasing a Gift by telephone, email or on site
4.5.1 Booking a Hotel Service

5. Financial conditions
5.1 Services
5.1.1 Prices of the Services
5.1.2 Guarantee, prepayment and payment policy for the Services
5.1.3 Hotel Services: imprint and pre-authorization upon arrival (check-in) for any Reservation of the Suite Stéphanie Coutas
5.1.4 Charging at the time of departure or after departure

6. Terms of payment

7. Cancellation and no-show policy
7.1 Absence of right of withdrawal for the Services
7.1.1 Changes/cancellations made by the hotel
7.1.2 Changes/cancellations made by the Client

8. General provisions
8.1 General
8.2 Sanctioned Person
8.3 Personal Data
8.4 Trademark, intellectual property
8.4.1 Intellectual property relating to the brand and the website
8.4.2 Intellectual property relating to the works present within the Hotel
8.4.3 Links to third-party websites
8.4.4 Communications and content transmitted by Clients
8.5 Force majeure
8.6 Evidence – Archiving – Retention of contracts
8.7 Applicable law – Disputes
8.7.1 Applicable law
8.7.2 Complaint
8.7.3 Mediation
8.7.4 Competent jurisdiction

Terms and Conditions

Last updated: APRIL 3, 2026

PREAMBLE

Before ordering the Services, the Client declares that the Reservation of these Services is made for their personal needs.

As a consumer, the Client benefits from specific rights, which would be called into question if the reserved Services were intended for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity.

All information available on the Website enabling the Reservation of the Services is presented in French as well as in several other foreign languages.

The Client declares that they have full legal capacity enabling them to be bound by these general terms and conditions.

The Client’s agreement to the general terms and conditions of sale of SASU La Ferme d’Augustin and to the conditions of sale of the reserved rate is given at the time of Reservation; no Reservation is possible without this agreement.

The Client has the possibility to save and print these general terms and conditions using the standard functionalities of their browser or computer.

SASU La Ferme d’Augustin publishes and operates the website fermeaugustin.com, a hotel booking website.

1-1. The website allows the Reservation of a Hotel Service and Additional Services.
1-2. The Client declares that they have obtained from SASU La Ferme d’Augustin all the information necessary on the Website or through our booking agents.
1-3. Any Reservation via the Website, telephone or email implies full and unconditional consultation and acceptance of these general terms and conditions and the conditions of sale of the reserved rate.

The Website states the following information:
• the legal notice allowing precise identification of SASU La Ferme d’Augustin and indicating its corporate name, the address where it is established, its email address, its telephone number, its registered office, its individual VAT identification number, the name and address of the insurer providing professional civil liability insurance to SASU La Ferme d’Augustin.
• the essential characteristics of the accommodation offered.
The prices; the payment terms; the general terms and conditions of sale and the conditions of sale of the reserved rate; the validity period of the Offer and its price; the minimum duration of the proposed Contract, where applicable; the accepted methods of payment.
The essential characteristics of the accommodation offered, the prices and the dates of stay of the accommodation are presented throughout the Reservation process.

SCOPE OF APPLICATION

These general terms and conditions of sale (the “GTC”) apply to any Reservation and/or purchase made by you (as defined below), directly or through any intermediary whatsoever, with the following hotel:

La Ferme d’Augustin (or “we”, “our”, “us”): SASU LA FERME D’AUGUSTIN is a simplified joint-stock company registered with the Trade and Companies Register of Fréjus under No. RCS FREJUS 893 671 883, whose registered office is located at 979 Route de Tahiti, 83350 Ramatuelle - France, and whose intra-community VAT number is FR 69 893 671 883.
Insurer: GROUPAMA Paris Val de Loire, 60 Boulevard Duhamel du Monceau, 45160 OLIVET, Policy No. 421866565

To contact us:
Telephone: +33 (0)4 94 55 97 00
Email: info@fermeaugustin.com

By accessing the Hotel website, making a Reservation or using the Services offered by the establishment, the Client acknowledges having read, understood and accepted without reservation the entirety of these general terms and conditions of sale as well as the specific conditions of the reserved rate.

These general terms and conditions of sale also include the establishment’s Personal Data Protection Charter. By accepting these terms, the Client expressly accepts the provisions of this Charter.

If the Client does not accept these general terms and conditions of sale, they are invited not to use the Hotel website, not to make any Reservation and not to use the Services offered by the establishment.

These General Terms and Conditions are available on the Website, where they may be consulted at any time, and may also be provided upon simple request. You may save and/or print these General Terms and Conditions using the standard settings of your browser and/or computer.
These General Terms and Conditions may be amended and/or supplemented at any time. In such case, the new version will be promptly published online on the Website. The version of these General Terms and Conditions currently in force is indicated at the top of the document. Any significant update will be communicated via the Website or by email for existing reservations.
The updated General Terms and Conditions take effect upon publication on the Website and apply to future reservations. Any Reservation made before an update shall remain subject to the version in force at the time of the Reservation.
The hotel may occasionally offer promotions or special offers subject to specific conditions (“Special Offer Conditions”). In the event of any conflict between these General Terms and Conditions and the Special Offer Conditions, the latter shall prevail.

Article 1. DEFINITIONS

The terms used in the body of the GTC, including its preamble, and beginning with a capital letter, whether used in the singular or plural, shall have the meaning given to them below.

In the remainder hereof, the terms below shall have the following meanings:

Acknowledgment of receipt: email sent by the La Ferme d’Augustin Website to the Client summarizing the Reservation made by the Client and confirming its receipt.

Beneficiary: means the person using the Gift.

Gift Voucher: means the document describing the Offer that is the subject of the Gift Voucher, the Hotel concerned, the name of the Beneficiary, the validity number and the validity period. The Gift Voucher may be delivered by post in a Gift Box, or digitally.

Gift: means (i) a Gift Voucher, (ii) a Gift Certificate and/or (iii) a Gift Box, as the case may be.

Gift Certificate: means the document showing an amount to be spent, the conditions of application, the Hotel, the name of the Beneficiary, the validity number and the validity period. The Gift Certificate may be delivered by post in a Gift Box, or digitally.

Client, “you”, “your”: means the adult natural person having the full legal capacity enabling them to be bound by the GTC, and acting for their own needs to the exclusion of any intermediation, resale, distribution or similar activity relating to all or part of the Services and/or Gifts.

Gift Box: means the packaging used for the postal dispatch of a Gift Voucher or a Gift Certificate. A Gift Box is composed of the following elements: (i) a Gift Voucher and/or Gift Certificate; (ii) a pouch or a box in which the Gift Voucher or Gift Certificate is packaged.

Specific Conditions of the Reserved Rate: means the specific booking, cancellation, no-show, minimum number of persons and guarantee conditions for each Hotel Service, which vary in particular depending on the periods of the season, which are available on the Website or communicated to the Client during the Reservation or purchase and which are summarized in the Confirmation Email.

Contract: means, together, the GTC and the Specific Conditions of the Reserved Rate and/or the Cancellation Policy, as the case may be, as summarized in the Confirmation Email.

Electronic mail: any message, in the form of text, voice, sound or image, sent through a public communications network, stored on a server of the network or in the recipient’s terminal equipment until the latter retrieves it.

Cancellation Deadline: means the deadline for cancellation of the Services provided in the Specific Conditions of the Reserved Rate or in the Cancellation Policy, as applicable, after which all or part of the charges become non-refundable.

Reservation Request: request for hotel room Reservation made by the Client on the Website.

Confirmation Email: means the confirmation email sent by the Hotel to the Client at the email address provided by the Client at the time of the Reservation and/or order, containing a summary of the Contract and specifying in particular the conditions of the Reservation (reserved Services, Specific Conditions of the Reserved Rate and/or Cancellation Policy, price and any taxes, price of Additional Services, check-in/check-out times, rules applicable to the stay in the Hotel, Reservation dates, guarantee) and/or the details of the order placed. Acceptance of the booking confirmation has the effect of contractually binding the Client.

Service Offer: means the Service Offer proposed by the Hotel to the Client during a Reservation made by email or telephone, and sent to the latter at the email address provided during the Reservation, specifying in particular the conditions of the Hotel’s Offer (reserved Services, Specific Conditions of the Reserved Rate and/or Cancellation Policy, price and any taxes, price of Additional Services, check-in/check-out times, rules applicable to the stay in the Hotel, Reservation dates, guarantee) as well as the contractual conditions applicable to the Offer.

Cancellation Policy: means the specific conditions (including Cancellation Deadlines) applicable to any modification and/or cancellation of a Hotel Service, Wellness Service or Catering Service.

Online Reservation: Reservation made via the Website.

Services: means, collectively, the Hotel Services, Wellness Services, Catering Services and other Additional Services offered to Clients by the Hotel.

Additional Services: means the products and/or additional Services offered to the Client during the Reservation of a Hotel Service (such as, for example, a bottle of champagne, a bouquet of flowers, etc.). The cancellation conditions for the Additional Services are identical to those of the Hotel Service to which they relate.

Hotel Service: means the accommodation service within the Hotel, for the duration and on the dates indicated by the Client and under the conditions provided herein and summarized in the Confirmation Email.

Catering Service: means the catering service offered within the restaurant of the Hotel concerned.

Wellness Service: means one of the services available within the Spa Maison Fleurs de Coton.

Website: electronic service operated by SASU La Ferme d’Augustin, on the internet network and accessible at fermeaugustin.com.

Article 2. PURPOSE

The Contract governs the contractual relations between the Client and the Hotel with which the Client makes a Reservation and/or a purchase.
The GTC prevail over any other document (including any document communicated by the travel agent where applicable) with regard to their subject matter, except for the Specific Conditions of the Reserved Rate or the Cancellation Policy, which prevail over the GTC in the event of conflict.
The Contract expresses the entirety of the obligations of the parties. The Client may keep the Contract on a durable medium by printing it. No general or specific condition communicated by the Client may be incorporated into the Contract or added to it.
The GTC are available on the Website https://www.fermeaugustin.com/fr/conditions-generales-de-vente/ where they may be consulted directly at any time.

Article 3. DESCRIPTION OF SERVICES

3.1 General provisions

The Client has the option of booking one or more Service(s) and/or purchasing a Gift from the Hotel. The essential characteristics of the Services and/or Gifts are indicated to the Client at the time of Reservation and/or purchase and are also described on the Website. Clients may also obtain additional information about the Hotel and/or the Services by contacting the Hotel directly as indicated in Article 4.1 below.

The photographs provided on the Website are for indicative purposes. Although every effort is made to ensure that the photographs, graphic representations and texts provide a faithful image of the Services offered, variations are possible due to seasonal changes, possible renovations and construction, changes in décor, etc. In case of doubt, or to obtain additional information about the Services, please contact the Hotel directly as indicated in Article 4.1 below. In any event, the Company and/or the Hotel may not be held liable for any non-substantial errors that may occur in this respect.

The Website also states the following information:

• the essential characteristics of the Services and/or Gifts offered, such as the main characteristics of the accommodation and the Hotel facilities,
• the Additional Services offered, where applicable;
• the prices;
• the payment terms;
• the GTC, as well as the Specific Conditions of the Reserved Rate and/or the Cancellation Policies where applicable.

The Client is solely responsible for the choice of the Services and their suitability for the Client’s needs. SASU La Ferme d’Augustin may not be held liable in this respect.

3.2 Services – rules relating to hotel stays and Catering and Wellness Services

3.2.1 Check-in and check-out rules

Check-in and room access:

Check-in takes place upon the Client’s arrival at the hotel. As the reception desk is open 24 hours a day, check-in formalities may be completed at any time.

Upon arrival, the Client must present:

a valid official identity document (national identity card, passport or equivalent document);
the bank card used when making the Reservation, in the same name as that shown on the Reservation and on the identity document provided.

The hotel reserves the right to verify these documents and, if necessary, to keep a copy or record of them for security, fraud prevention and payment guarantee purposes, in accordance with the regulations in force relating to the protection of personal data.

In accordance with the regulations applicable to hotel establishments, the Client must also complete or verify the information appearing on the individual police registration form, known as the “check-in form”.

For Hotel Services, pursuant to Article R.611-42 of the Code on the Entry and Stay of Foreigners, the Client authorizes the Hotel to pre-fill the individual police registration form known as the “check-in form” with the information obtained during the Reservation. The Client shall verify the accuracy of the pre-filled information and sign said form upon arrival.

At check-in, the Client must also:

pay the balance of their stay, if it has not been paid at the time of Reservation;
make a pre-authorization on their bank card as a guarantee for any services consumed within the establishment or to cover any additional costs during the stay in the Suite Stéphanie Coutas.

Failing presentation of a valid identity document and a bank card in the Client’s name, the establishment reserves the right to refuse access to the room.

Access to the room is guaranteed from 4:00 p.m. on the day of arrival.

If the room is ready before that time, the establishment may, as far as possible, allow early access. Otherwise, Clients may leave their luggage at reception thanks to the luggage storage service made available to them.

Clients arriving before room access time may also enjoy the hotel’s facilities and Services, subject to availability, in order to begin their stay under the best possible conditions.

A courtesy shower may also be offered, subject to availability, particularly for Clients arriving early or wishing to freshen up before their room is made available.
Early check-in: early check-ins may be accepted depending on availability and are subject to additional charges. Clients are invited to contact the hotel in advance to request an early check-in.

Check-out: Check-out time is set at 12:00 noon on the day of departure.
We thank you for vacating the room no later than that time so that rooms may be prepared for subsequent arrivals.
Upon request, subject to availability and for an additional charge, a late check-out may be offered.
After vacating the room, Clients may, if they wish, leave their luggage at reception thanks to the luggage storage service and continue enjoying the establishment’s facilities and Services, in accordance with the applicable conditions.
Unauthorized late departures may result in additional charges equivalent to the price of one night’s stay. If no late departure is possible, the hotel reserves the right to store the Client’s personal belongings securely and charge the applicable fees.

Forgotten items: The hotel is not responsible for items left in the rooms after departure. Any item found will be kept for a maximum of 1 year and 1 day. Clients may arrange for recovery or shipment at their own expense. After this period, unclaimed items will be donated or discarded.

3.2.2 Pets

We accept dogs under the following conditions in order to ensure the comfort and safety of all our Clients:

Fees and Reservation:
A minimum fee of EUR 20 per night will be added to your hotel Reservation.
Please inform the hotel at the time of Reservation if you plan to bring a pet, as personalized in-room amenities are reserved for them. Please contact hotel reception if you require pet-sitting Services.

Behavior and supervision:
Dogs must be kept on a leash in all common areas of the hotel.
Pets may not be left alone in the room unsupervised, and their owners must ensure that they do not disturb other Clients or hotel staff.
Clients are responsible for cleaning up after their pets, both inside and outside the hotel.

Restricted areas:
For hygiene reasons, pets are not allowed in the following areas: wellness areas, swimming pool, spa and fitness room.

Damage caused by pets and liability:
Clients are responsible for any damage caused by their pets, including but not limited to:

Damage to furniture, facilities or decoration.
Excessive cleaning required due to dirt caused by pets.
The hotel reserves the right to charge repair or cleaning costs to the registered credit card.

Noise and complaints: If a pet causes excessive noise or disturbance, the hotel may require the Client to remove the pet from the premises. Continued disturbances may result in cancellation of the remainder of the Client’s stay without refund.

Size and breed restrictions: the hotel may impose restrictions regarding the size, breed or number of pets allowed per room. Please contact the hotel in advance for more details.

Health and safety:
All pets must be up to date on their vaccinations and preventive flea and tick treatment. Owners may be asked to provide proof of vaccination upon request.
The hotel reserves the right to refuse entry to any animal that appears ill or poses a risk to other Clients or staff.

Assistance animals: Certified assistance animals are exempt from pet-related charges and restrictions in public areas. Documents may be required to verify assistance animal status.

3.2.3 Swimming pool

The swimming pool rules are displayed at the hotel. The presence of a parent or guardian is mandatory to supervise children under 15 bathing in the pool. Due to the depth of our pool, each parent and/or legal guardian is required to ensure that children over 15 are able to swim properly. For safety reasons, all adults are required to take care of their own safety and that of others where necessary. Please note that no lifeguard is on duty.

3.2.4 Fitness room

The rules for use of the fitness room are displayed at the hotel and must be complied with at all times. Children under 15 are not permitted to use the fitness room without the supervision of a parent and/or legal guardian. The hotel declines all liability in the event of injury or damage resulting from improper use of the fitness room equipment or failure to comply with these rules.

3.2.5 Children

Children must be supervised by a parent or guardian at all times and in all places. Children under 13 may not be left unattended in the room for an extended period. Please contact hotel reception if you require childcare Services.

Clients also undertake to ensure that the children under their responsibility respect the peace and quiet of the establishment at all times. Parents or guardians are solely responsible for the safety and behavior of the children under their supervision.

3.2.6 Consumption of food – use of rooms and hotel premises

The rooms of the establishment are intended exclusively for accommodation use.

For safety, hygiene and guest comfort reasons, it is strictly prohibited to cook, prepare meals or use cooking appliances in the rooms, in particular by means of electric hotplates, camping stoves, heating appliances, personal kettles or any other equipment not provided by the establishment.

Consumption of food in the rooms is limited to the services offered by the Hotel, in particular the Catering Service or room service when available.

It is also prohibited to bring in and consume in the rooms or in the common areas of the establishment (gardens, pool, terraces, lounges, etc.) meals, beverages or food products coming from outside the Hotel, unless prior authorization has been obtained from Management.

The outdoor and common areas of the establishment may under no circumstances be used for the organization of meals, aperitifs or gatherings involving meals, beverages or food products coming from outside the Hotel.

Failure to comply with these provisions may result in the charging of cleaning, restoration or repair costs for any damage caused, as well as any loss of business linked to the temporary unavailability of a room or any area of the establishment.

3.2.7 Laundry service

The Hotel may offer Clients a laundry service for the care of their clothes (washing, dry cleaning, ironing or other similar services). This service is provided by a specialized external provider to whom the entrusted items are handed over for processing.

All information relating to this service, in particular the rates applicable per item, the services offered, the indicative completion times and the compensation conditions in the event of loss or damage, is stated on the laundry slip made available in the rooms.

To benefit from this service, the Client must complete and sign the laundry slip, place the items in the bag provided for this purpose and hand the whole to hotel reception before 10:00 a.m. Items deposited before that time are generally processed during the day and returned the following day from 12:00 p.m., subject to the provider’s timeframes. Items handed in after the deadline may be processed on the next working day.

By entrusting an item to the laundry service, the Client expressly accepts the conditions appearing on the deposit slip.

The Hotel declines all liability in the event of color alteration, shrinkage, deformation or damage resulting from the intrinsic characteristics of the fabrics or the processes necessary for their care.

In any event, any liability of the Hotel may not exceed the limits and conditions provided on the deposit slip or those applicable to the provider in charge of processing the items.

3.2.8 Luggage storage

The Hotel may offer its Clients a luggage storage service, allowing them to leave their luggage temporarily before check-in or after check-out, subject to availability.
Luggage is entrusted to the Hotel as a simple deposit and for a limited period. The Hotel may not be held liable for the loss, theft or deterioration of valuables (such as jewelry, cash, important documents, electronic devices or any other valuable object) left in the luggage.
Clients are advised to keep valuables and sensitive personal belongings with them.
Unclaimed luggage within a reasonable time may be kept for a maximum period of three (3) months. After this period, and unless otherwise requested by the Client, the Hotel reserves the right to dispose of it in accordance with the applicable regulations.

3.2.9 Parking

The establishment’s parking area is made available to Clients as a convenience.
This parking area is neither guarded nor individually supervised, even if it may be equipped with security devices or video surveillance intended for the general security of the establishment.

SASU La Ferme d’Augustin declines all liability in the event of collision, damage, theft or deterioration that may occur to vehicles parked in the hotel or restaurant parking area, in particular in the event of scratches, damage or any other loss observed by the Client on their vehicle.

Vehicles are parked in the establishment’s parking area at the owner’s sole risk.
The Hotel may not be held liable for items or personal belongings left inside the vehicles.

3.2.10 Wi-Fi and network access

Use of Wi-Fi is free for Clients.
Illegal downloading is strictly prohibited and remains the Client’s responsibility. The Client is required to comply with the Hotel’s security policy, including the rules governing the use of security measures implemented to prevent unlawful use of IT resources, and to refrain from any act impairing the effectiveness of such measures.
The Client undertakes that the IT resources made available by the Hotel shall in no way be used for the reproduction, representation, making available or communication to the public of works or any objects protected by an intellectual property right or a related right without the prior authorization of the rights holders over any content protected under the provisions of the Intellectual Property Code. The Client shall indemnify the Hotel at their own expense against any action and/or claim from a third party alleging infringement of an intellectual property right, and shall bear all associated costs and damages.
In this respect, the Client shall indemnify in particular all prejudice, damages or expenses (including reasonable lawyers’ fees and legal costs) incurred by the Hotel in connection with such an action, as well as all sums paid pursuant to settlements and/or damages that the Hotel may be ordered to pay.

3.2.11 Code of conduct

In order to ensure all guests enjoy a pleasant, peaceful and respectful stay, Clients are required to adopt behavior consistent with the rules of good conduct and these general terms and conditions of sale.
The Client undertakes to use the rooms, facilities and Services of the establishment in a reasonable, respectful manner and in accordance with their intended purpose, in compliance with the laws, morality, public order and the regulations in force.
The Client undertakes in particular to:

respect the peace, safety and privacy of other Clients and of the establishment’s staff;
use the Hotel’s facilities and equipment in accordance with their normal use and avoid any damage or improper use;
behave courteously and respectfully toward other Clients and staff members at all times;
comply with the operating rules of the establishment as well as the instructions communicated by the staff.

In order to preserve the peace and quiet of the establishment, quiet must be observed between 10:00 p.m. and 7:00 a.m. Noise disturbances, even during the daytime, likely to disturb the peace of other Clients are prohibited.
The Client is responsible for their own behavior as well as that of the persons accompanying them or visiting them within the establishment.
Any inappropriate, violent, insulting, discriminatory, indecent, unlawful behavior or any behavior likely to affect the peace, safety or reputation of the establishment may give rise to appropriate measures.
The Hotel reserves in particular the right to refuse access to certain facilities, to terminate the Client’s stay or to request that the Client leave the establishment, without refund or compensation, in the event of non-compliance with these rules of conduct. Services consumed as well as any damage caused shall remain payable by the Client.

3.2.12 Security

Surveillance measures are implemented by the Hotel. Video surveillance of the reception area and certain common areas of the Hotel is in place in order to ensure the safety of property and persons. For more information on the use of video surveillance, including the purposes of data collection, retention periods and your rights regarding video surveillance images, please refer to our Privacy Policy, available [here].

3.2.13 Valuables

Safes are available in the rooms for storing your valuables. Although we take reasonable precautions to protect your personal belongings, the hotel is not responsible for the contents of your safe or for valuables left in rooms, common areas or vehicles parked in the hotel parking area. Clients are advised to exercise caution, particularly with regard to high-value items. We strongly recommend that Clients do not leave any valuables in plain sight (particularly in rooms, common areas or vehicles parked in the hotel parking area).
Theft of property: if you believe that an item from your room (personal or belonging to the hotel) has disappeared, please contact hotel management immediately so that we may notify the police as soon as possible. The local authorities will be responsible for any resulting investigation and the hotel shall bear no liability in this respect. Offenders shall be prosecuted to the fullest extent permitted by law.

3.2.14 Client Liability – Damage and harm caused to the property of the establishment

The Client is liable for any damage, deterioration or loss caused to the rooms, equipment, furniture or any other facility of the establishment during the stay, whether such damage is caused by the Client themselves, by persons accompanying them, by their guests or by their pets. The establishment reserves the right to charge the Client for the cost of repair, replacement or restoration of damaged property, upon presentation of supporting documents (estimates or invoices).
In the event of significant damage or deterioration requiring special restoration, additional charges may be applied, in particular if the accommodation cannot be rented out immediately.
On the day of your arrival, please inform hotel staff of any pre-existing damage to the furniture or equipment in your room. If undeclared damage is discovered during or after your stay, the hotel reserves the right to charge the cost of repairs or replacements to the registered credit card. This includes, without limitation:

Damage caused to furniture, equipment or decoration in rooms or common areas.
Excessive cleaning required due to negligence or violation of hotel policies.
Replacement of any item removed without authorization.
If damage is found after the Client’s departure, the hotel will inform the Client and proceed with the corresponding charge.

3.2.15 Non-smoking environment

In accordance with the regulations in force, all indoor public areas of the establishment are non-smoking. Smoking is also strictly prohibited in the rooms.
In order to ensure the comfort and safety of all guests, any breach of this rule may result in cleaning and room restoration charges.
If the smell of tobacco is noted after the Client’s departure, the Hotel reserves the right to charge fees of up to the amount of one night’s stay in order to compensate for the specific cleaning operations and the possible temporary unavailability of the room. Smoking is permitted only in the outdoor areas designated for this purpose.

3.2.16 Room change and relocation

In certain cases related to the operating constraints of the establishment, in particular where the Client’s stay covers several Reservation periods or where certain room categories are booked for different dates, the Hotel may need to offer the Client a room change during their stay, while ensuring an equivalent room category or similar services.

In such case, the Hotel shall endeavor to inform the Client as soon as possible and to facilitate this change under the best possible conditions.

Furthermore, in the event of an exceptional occurrence or if it is impossible to make the reserved room available to the Client, the Hotel reserves the possibility, with the Client’s prior agreement, of offering accommodation in an establishment of equivalent or superior category, providing services of a similar nature.

In such case, any price difference as well as the transportation costs between the two establishments shall be borne by the Hotel.

3.2.17 Maintenance and repairs

At certain times, the Hotel may need to carry out maintenance work that may result in the unavailability of certain parts of the buildings, rooms or other Hotel facilities. We will endeavor to keep all Hotel Clients informed of these circumstances as far as possible. We may need to enter your room during your stay to carry out routine maintenance work. We will inform you in advance. If the issue cannot be resolved as quickly as possible, we reserve the right to relocate you to an equivalent room.
We shall not be liable for interruptions of Services caused by water or electricity outages (or other utilities) beyond our control.

3.2.18 Filming and photo shoot policy

Commercial photographs or videos are not permitted at the Hotel without the written approval of Hotel management. Clients are not authorized to take photographs or videos of other Clients or Hotel staff, or in the immediate vicinity of a celebrity.

Article 4. RESERVATIONS

4.1 Booking Channels

A hotel Reservation (including apartment reservations managed by SASU La Ferme d’Augustin) may be made through the following channels: on the Website, by telephone, in person, by email at info@fermeaugustin.com or through a travel agency or booking service (“hotel Reservation”).
If the hotel does not show availability for the desired dates, you may request to be placed on a waiting list. Being placed on a waiting list does not guarantee that you will obtain one or more rooms for the desired dates. If a room becomes available, we will inform you by email or telephone.
Wellness Services may be booked through the following channels: by email at info@fermeaugustin.com, by telephone or in person (“Wellness Reservation”).
Catering Services may be booked through the following channels: by email at info@fermeaugustin.com, by telephone or in person (“restaurant Reservation”).
Hotel reservations, spa reservations and restaurant reservations are collectively referred to as “Reservation” or “reservations”.

4.2 Acceptance of the Contract

Any Reservation and/or purchase implies prior, full and unconditional consultation and acceptance of the GTC.

In the event of a Reservation and/or purchase on the Website, the Hotel invites the Client to read carefully the GTC and the Specific Conditions of the Reserved Rate and/or the Cancellation Policy, as applicable, and to tick the corresponding box before each Reservation and/or purchase.
In the event of a Reservation and/or purchase by email, telephone, on site or through a travel agent, the GTC and the Specific Conditions of the Reserved Rate and/or the Cancellation Policy, as applicable, are communicated to the Client by email to the email address indicated by the latter prior to any Reservation and/or purchase.

The Client acknowledges having been informed of the nature, destination and booking arrangements of the Services and/or Gifts and having requested and obtained from the Hotel all necessary and/or additional information in order to make their Reservation and/or purchase in full knowledge of the facts. Additional checks may be carried out directly with the Hotel if necessary, via the “Contact” tab available on the Website.
For all useful purposes, it is recalled that the Client is solely responsible for their choice of the Services and/or Gifts and for their suitability to their needs, such that neither the Hotel nor the Company may be held liable in this respect.

By making a Reservation, the Client:

Declares that they have the authority to bind all persons named in their Reservation.
Undertakes, prior to any Reservation, to provide the information requested during the Reservation process.
Certifies that the information provided for all parties to the Reservation is complete and accurate.
Confirms that all parties to a hotel Reservation will provide an original, valid identity document issued by a governmental authority at check-in.
Confirms that he/she has read and understood the Contract and accepts (for himself/herself and on behalf of each person mentioned in the Reservation) to be bound by the Contract.
Acknowledges that the hotel endeavors to accommodate disabled Clients. Clients are invited to contact the hotel in advance to discuss their specific needs, and the hotel will do its utmost to ensure their comfort.
Confirms having read the Privacy Policy available on fermeaugustin.com and undertakes to communicate it to each person mentioned in the Reservation.
Confirms that he/she is aged 18 or over and, when making a Reservation for Services subject to age restrictions, declares that he/she and all members of the group are of the required age to purchase those Services. Reservations involving minors must be made by a parent or legal guardian. Providing incorrect age information may result in cancellation without refund; and the Hotel reserves the right to apply the rate corresponding to the actual circumstances of the stay.
Confirms that no person appearing in the Reservation is listed on a sanctions list maintained by a global governmental authority, as provided in Article 8.2.
Accessibility guarantee: if you or a member of your group has a health issue, reduced mobility or a disability that may affect your stay, please contact us at info@fermeaugustin.com to provide us with all the details before making your Reservation. This will enable us to advise you on the suitability of the accommodation and Services you have chosen.
Accessibility commitment: The hotel strives to welcome disabled Clients and ensure them a comfortable stay. We encourage Clients to inform us in advance of their specific needs so that we may make reasonable efforts to meet them. For more information on accessibility, please contact us directly. If the hotel is not able to reasonably meet a Client’s needs, we reserve the right to refuse the Reservation request (in which case no charge shall apply). If details of specific needs are not provided at the time of Reservation, we may not be able to accommodate the Client upon arrival and may then have to cancel the Reservation with reimbursement of prepaid amounts.

4.3 Booking Confirmation

Once the Client has completed the Reservation and/or purchase process under the conditions provided in this Article 4, and has made the corresponding payment and/or card imprint under the conditions provided in Article 5 below, the Client receives a Confirmation Email at the email address they have communicated to the Hotel. In the case of a Reservation made through a travel agent, this confirmation email is received directly by said travel agent.

4.4 Process for Booking a Service or Purchasing a Gift on the Website

4.4.1 Booking a Hotel Service

The booking of a Hotel Service takes place as follows:

the Client selects the Hotel where they wish to stay;
the Client selects their arrival date and departure date at the Hotel as well as the number of persons concerned by the Reservation;
the Client has the possibility, at this stage, of adding additional rooms;
the Client clicks on “Next”;
the Client may access the Specific Conditions of the Reserved Rate for each room and each rate by clicking on “Offer details” for each rate offer;
the Client must then select the type of room and rate offer they wish to reserve by clicking on the “Select” box corresponding to the room and rate they wish to reserve;
the Client may select Additional Services by ticking the corresponding boxes;
the Client clicks on “Next” and must then provide the following information:
personal information: first name, last name, email address, landline/mobile phone number, address, company name;
the Client may enter additional information in the “Notes” box provided for this purpose (accessible room, special requests where applicable, arrival and departure times);
the Client must accept the processing of their personal data and the booking conditions, namely the GTC (available by clicking the hyperlink), by ticking the corresponding boxes, in order to be able to click on “Book” and then access the summary of their order, which they may modify where applicable;
the Client validates their Reservation by entering their bank card information: card type, name of the cardholder, card number, expiry date, security code;

4.5 Process for Booking a Service or Purchasing a Gift by telephone, email or on site
In order to make a Reservation with a Hotel by email, by telephone or on site, the Client is invited to contact the Hotel using the contact details indicated in Article 4.1 above.
It is specified that any Reservation and/or purchase made on site directly with the Hotel is processed as a Reservation / purchase made by email.
4.5.1 Booking a Hotel Service:
To book a Hotel Service, the Client must inform the Hotel of the number of room(s) they wish to reserve, their arrival date and departure date, as well as the number of persons concerned by the Reservation. Depending on availability and the Client’s choices, the Hotel shall inform the Client of the available room types, the corresponding prices and the Specific Conditions of the Reserved Rate corresponding to each price.
To make the Reservation for the Hotel Service, the Client must also communicate the following information to the Hotel:
personal information: title, first name, last name, email address (and, where applicable, the title, last name and first name of the additional Client(s)), address, landline/mobile telephone number, company name;
additional information: special requests, where applicable.
Once this information has been received, the Hotel shall send the Client, to the email address provided, a Service Offer summarizing the proposed services, together with, depending on the applicable Specific Conditions of the Reserved Rate, either a payment form or a request for guarantee by bank card imprint.
The Reservation shall only be considered final upon receipt of the deposit or the bank guarantee, in accordance with the conditions of the reserved rate.
Article 5. FINANCIAL CONDITIONS
5.1. Services
5.1.1. Prices of the Services
For Hotel Services, the price of the Reservation is based on a maximum double occupancy per room, per night, for the dates selected by you, plus, where applicable, the Additional Services chosen by the Client. There is no reduction for single occupancy. Additional Clients, insofar as they may be accommodated in the room type, shall be charged EUR 50, with the exception of children aged 3 and under staying in a baby cot.
The price of the hotel Reservation is inclusive of all taxes, except for any taxes appearing in the specific conditions and/or mentioned in the Confirmation Email (such as the tourist tax (or equivalent), service charges or others), which are payable directly to the Hotel upon arrival. The price of the hotel Reservation covers only the items listed in the Confirmation Email. All other Services (such as additional Services, spa Services or food and beverage Services that you may choose during your stay) shall be added to the price indicated in the Confirmation Email.
For spa Services, the price is understood per person and per Service selected by you, at the date and time chosen by you and in accordance with the conditions set out in the Confirmation Email and/or in the confirmation text or message.
For Catering Services, the price to be paid depends on the food and beverages consumed by you and your group.
Prices take into account the VAT applicable on the day of the order, and any change in the VAT rate applicable shall automatically be reflected in the prices indicated on the invoicing date.
Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities shall automatically be reflected in the prices indicated on the invoicing date.
The price of the Services is indicated to the Client in the French currency, i.e. in Euros, which may differ from the Client’s currency. In this respect, any currency conversion offered on the Website is provided for indicative purposes only. The Hotel cannot commit to the exchange rate applied to the Client. Payment for a Service shall be made in the currency applicable to the Hotel. Any conversion fees applied by the Client’s bank shall be borne by the Client.
Accuracy: we endeavor to ensure the accuracy of the prices for the Services displayed on the Website. However, in the event of an obvious pricing error in a Reservation made on the Website, by telephone or by email, we reserve the right not to provide the Service where the rate is manifestly erroneous. In such case, we shall inform you of the error by email and send you a new Confirmation Email if you wish to maintain your Reservation at the applicable rate, or we shall cancel the Reservation concerned and refund any amount you may have paid in advance. If a technical issue mistakenly indicates the availability of a certain room type, we shall contact you within 48 hours to inform you of this error. In such case, we shall cancel the Reservation and refund any amount you may have paid in advance.
We may change the prices indicated on the Website at any time and without prior notice. However, the amended prices shall apply only to Reservations made on the Website after the new prices have come into effect.
5.1.2 Guarantee, prepayment and payment policy for the Services
In the event of a Reservation of a Service (other than Case No. 1 listed below), depending on the Specific Conditions of the Reserved Rate or the applicable Cancellation Policy, the Client shall be invited to (i) guarantee their Reservation of the Services, and/or (ii) prepay all or part of the Services before their stay, either (a) by filling in their bank details directly on the Website (in the event of a Reservation via the Website), or (b) via a form that shall be communicated to the Client at the email address indicated by the latter in order to make their Reservation. These payment conditions are recalled before any Reservation and/or purchase, in the Service Offer where applicable, and in the Confirmation Email received by the Client once this guarantee and/or prepayment has been made.
The guarantee/prepayment policy varies depending on the Service and the pricing policy applicable to the reserved rate. It is described in the Specific Conditions of the Reserved Rate or in the Cancellation Policy and may fall within one and/or more of the following cases:
Case No. 1: No guarantee or prepayment is indicated in the Specific Conditions of the Reserved Rate or the Cancellation Policy
Certain Services will not require any guarantee or prepayment in order to be reserved. In such case, the Hotel shall send the Confirmation Email to the Client at the end of the Reservation process detailed in Article 4.5.
Case No. 2: Imprint of your credit card + pre-authorization of a certain amount
An imprint of the Client’s credit or debit card is made at the time of Reservation. This imprint is made in order to hold the Reservation.
Furthermore, at the time this imprint is made, a pre-authorization (for an amount indicated in the Specific Conditions of the Reserved Rate or the Cancellation Policy, as the case may be) is carried out for the purposes of (i) verifying the bank card (in which case the sum is refunded to the Client within the time limits applied by the Client’s bank) and/or (ii) blocking a sum that may be debited by the Hotel in the event of late cancellation or “no-show” (according to the policy provided in the Specific Conditions of the Reserved Rate and/or the Cancellation Policy).
=> These sums shall not be subject to VAT as flat-rate compensation paid in reparation for the loss suffered by our establishment (BOI-TVA-SECT-60-20120912, No. 230).
Case No. 3: Deposit (refundable or non-refundable)
At the time of Reservation, a sum corresponding to an amount indicated in the Specific Conditions of the Reserved Rate and/or the Cancellation Policy, as the case may be, is debited from the Client’s credit or debit card used to make the Reservation.
This deposit may be qualified as refundable or non-refundable depending on the Specific Conditions of the Reserved Rate / the Cancellation Policy.
Where the deposit is qualified as refundable, it shall be refunded to the Client if the latter cancels before the Cancellation Deadline. In the event of cancellation by the Client after the Cancellation Deadline, no refund of the deposit shall be made (without prejudice to any debit/payment of the balance of the amount due in respect of the reserved Services).
Where the deposit is qualified as non-refundable, it shall be retained by the Hotel regardless of the date of cancellation by the Client since it is paid in exercise of the right to withdraw from the booking (without prejudice to any debit/payment of the balance of the amount due in respect of the reserved Services).
=> These deposits shall not be subject to VAT as flat-rate compensation paid in reparation for the loss suffered by our establishment (BOI-TVA-SECT-60-20120912, No. 230).
Case No. 4: On the Cancellation Deadline, debit / invoicing of the balance of the stay amount (i.e. full prepayment)
In addition to the making of a card imprint and/or the payment of a deposit, the Specific Conditions of the Reserved Rate or the Cancellation Policy, as the case may be, may provide that the balance of the total amount of the Service is paid on the Cancellation Deadline.
In such case, on that Cancellation Deadline, the Client is invited to pay this amount either (i) by debit by the Hotel of the Client’s credit/debit card, such debit being made using the card imprint taken at the time of Reservation, or (ii) the Hotel invites the Client to pay this amount by bank card, via the form provided by the Hotel to the email address indicated by the Client, or by bank transfer in the Hotel’s currency only. The Hotel may not be held liable for any additional fees requested by banking institutions in this respect.
On the Cancellation Deadline, the Client therefore makes a full prepayment of the Service, without prejudice to the other Services and Additional Services consumed during the stay and without prejudice to the provisions of Article 5.1.1.4.

=> This sum is subject to VAT (or the local taxes in force depending on the Hotel reserved) as the price of the full stay not consumed.

Case No. 5: Prepayment of the total amount of the Service

A full prepayment of the amount of the Service is made at the time of Reservation, without prejudice to the other Services and Additional Services consumed during the stay and without prejudice to the provisions of Article 5.1.1.4.
=> This sum is subject to VAT (or the local taxes in force depending on the Hotel reserved) as the price of the full stay not consumed.
Case No. 6: Payment of the possible balance of the amount of the stay and of the other Services consumed during the stay at check-out
Where the Client has not fully prepaid the total amount of the stay by no later than check-in, the balance of the total amount of the stay including taxes shall be debited and/or invoiced upon the Client’s departure.
In all cases, at check-out, the other Services and Additional Services consumed by the Client during the stay are also invoiced to them.
It is specified here that for stays of more than one week, the Services are invoiced every seven (7) days at the latest.
=> These sums are subject to VAT (or the local taxes in force depending on the Hotel reserved).
5.1.3 Hotel Services: making of a card imprint and pre-authorization upon arrival (check-in) for any Reservation of the Suite Stéphanie Coutas
In addition to the guarantee and prepayment policies referred to above, the Hotel has the right to make, with all its Hotel Service Clients, an imprint of the credit or debit card on the day of arrival (check-in) as a guarantee for the total amount of the Services consumed during the stay (in particular the Additional Services) and/or for the balance of the amount of the stay and/or the fees relating to Damage and harm mentioned in Article 3.2 and/or the fees mentioned in 5.1.4 where applicable. At the same time, a debit pre-authorization shall be made on the credit/debit card. This amount differs depending on the Hotel, as follows:
5.1.4 Debit at the time of departure or after departure
In the event that certain sums remain due on the day of the Client’s departure, the Hotel reserves the right to invoice and debit said sums within a maximum period of twenty (20) days following the date of departure, by means of the bank card imprint made at the time of Reservation or that made at check-in.
Such debit may occur in particular, without this list being exhaustive, for payment of unpaid services or Services consumed, such as:
minibar or in-room bar consumption,
transfer or concierge services,
laundry services,
shipping costs for forgotten items,
replacement of keys or room equipment,
repairs or restoration linked to damage, breakage or theft,
any other Service or provision consumed by the Client during their stay and remaining unpaid.
The Client expressly accepts that such a debit may be made by means of the bank card provided as a guarantee at the time of Reservation or check-in. Supporting documentation may be communicated to the Client upon simple request.
Article 6. Terms of payment
Payment for the Services and Gifts shall be made, as the case may be:
By bank card (debit or credit), in particular Visa, MasterCard, American Express.
By bank transfer. In this case, the Reservation shall only be guaranteed and the confirmation email sent once payment has been received into the hotel’s bank account; or
In cash, in euros only (only for payments made in person at the hotel, and within the limits authorized by local legislation).
All incidental charges during the Client’s stay must be charged to the room and paid at the time of departure.
Please note that traveler’s cheques and personal cheques are not accepted.
In the event of a Reservation and/or purchase via the Website, only payments by bank card (credit or debit) are authorized. In the event of the purchase of a Gift via the Website, the total amount of the order shall be debited at the time of purchase.
In the event of payment by bank transfer for a Hotel Service, the Client must ensure that their name and stay dates are specified on the transfer order and send the Hotel a copy of the payment confirmation issued by the Client’s bank.
The Hotel reserves the right to cancel the Reservation without prior notice if the required amounts are not paid within the time limits provided. The Client shall be informed thereof by email at the address provided by the Client at the time of Reservation.
In the event that, for whatever reason (objection, refusal by the issuing center, etc.), collection of the sums due by the Client proves impossible, the Reservation shall be immediately cancelled. The Client shall be informed thereof by email at the address provided by the Client at the time of Reservation. It is your responsibility to ensure that the method of payment is valid and that you have sufficient funds. It is the Client’s responsibility to save and print their payment certificate if they wish to keep their bank details relating to their transaction.
Pre-authorizations on your card shall be released within 7 working days following payment, subject to your bank’s policies.
Any Reservation or payment that is irregular, ineffective, incomplete or fraudulent, for a reason attributable to the Client, may result in cancellation of the Reservation by the Hotel.
In such case, the Hotel reserves the right to refuse or cancel the Reservation at the Client’s expense, without prejudice to any civil or criminal action that may be brought against them.
Article 7. CANCELLATION AND “NO-SHOW” POLICY
7.1 Absence of right of withdrawal for the Services
The Client is reminded, in accordance with Article L. 221-28 of the Consumer Code, that they do not benefit from the right of withdrawal provided for in Article L. 221-18 of the Consumer Code.
7.1.1 Changes/cancellations made by the hotel
It may happen that we need to modify or, in rare cases, cancel your hotel Reservation. We reserve the right to do so at any time. We are authorized to make minor changes without incurring any liability to you. In the event of a major change to your hotel Reservation, including a cancellation, we shall inform you as soon as possible. In such circumstances, we shall refund you the amounts required by law. We reserve the right to refuse or cancel a hotel Reservation if it appears irregular, if it is made in bad faith, if there is doubt as to the Client’s identity or motivation or for any other legitimate reason, or if there is a dispute with the Client concerning a previous Reservation. In the event of cancellation, we shall refund any prepaid amount.
7.1.2 Changes/cancellations made by the Client
The conditions of sale of the reserved rate specify the terms for cancellation and/or modification of the Reservation.
Where the conditions of sale of the reserved rate allow it:
cancellation of the Reservation may be made directly with the hotel, whose contact details (telephone and email) are specified on the Website and in the Reservation confirmation sent by email;
modification of the Reservation may be made directly with the hotel, whose contact details (telephone and email) are specified on the Website and in the Reservation confirmation sent by email. Any modification shall be subject to availability and to a change in rate, where applicable.
No-show or cancellation made less than 24 hours before the arrival date: the total amount of the stay shall be charged.
Shortened stay or interruption of the stay by the Client: each cancelled night shall be charged in full.
Transferability: before your stay, hotel reservations may be transferred by giving written notice to the hotel. However, the initial method of payment for the hotel Reservation shall remain in effect and you shall be required to sign a third-party payment form. A minimal administrative fee of EUR 20 shall also be payable to the hotel in order to effect the transfer of the Reservation.
Delays: The hotel is not responsible for timetable changes or delays caused by the Client’s transport providers that may result in a late arrival. In such case, the Cancellation Policy indicated in the Confirmation Email shall apply.
Article 8. GENERAL PROVISIONS
8.1 General
These general terms and conditions of sale, the specific conditions of the reserved rate, as well as the confirmation or Reservation request constitute the entire agreement concluded between the Parties.
No general or specific condition communicated by the Client may be incorporated into these general terms and conditions of sale.
The contractual documents binding the Parties are, in descending order of priority:
the confirmation or Reservation request, including the specific conditions of the reserved rate;
these general terms and conditions of sale.
In the event of contradiction between these documents, the provisions appearing in the higher-ranking document shall prevail.
If one of the provisions of these general terms and conditions of sale is declared null, unenforceable or non-binding by a competent court, the other provisions shall remain fully valid and continue to produce their effects.
The fact that one of the Parties does not rely, at a given moment, on a failure by the other Party to comply with any of the obligations provided for in these general terms and conditions of sale may not be interpreted as a waiver of the right to rely on that failure at a later time.
Any waiver of a right shall be valid only if expressly made in writing by the Party from whom it emanates.
The titles of the articles and clauses are indicative only and may not affect the interpretation of these general terms and conditions of sale.
These general terms and conditions of sale are drafted in the French language. A translation may be made available for information purposes; however, only the French version shall be binding in the event of a dispute or difficulty of interpretation.
8.2 Sanctioned Person
If the Client (or any other person included in the Reservation made by the Client) is or becomes at any time a Sanctioned Person (as defined below), or if the Client is otherwise identified by a governmental authority having jurisdiction over the Hotel as a person with whom the Hotel and/or the Company is prohibited from doing business, the Hotel shall be entitled to cancel the Reservation without incurring any liability toward the Client (or any other person included in the Reservation).
A “Sanctioned Person” means any person appearing on a sanctions list, as defined and kept up to date by any authority, agency or governmental body responsible for issuing, adopting, administering, enforcing and/or applying sanctions regulations emanating, for example but without limitation, from:
the United States of America, including, but not limited to, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury, the Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce and the U.S. Department of State;
the European Union, including, but not limited to, the European Commission and the Council of the European Union;
the United Kingdom, including, but not limited to, the Office of Financial Sanctions Implementation (“OFSI”) and His Majesty’s Treasury (“HMT”);
France, including, but not limited to, the Directorate General of the Treasury (“DGT”) and the Dual-Use Goods Service (“SBDU”).
8.3 Personal Data
In the context of the performance of the Services or the processing of a Reservation and/or an order, the Company and/or the Hotel may process personal data of Clients and Website users, under the conditions provided for in the Privacy Policy available here.
8.4 Trademark, intellectual property
8.4.1 Intellectual property relating to the brand and the website
The following conditions govern the use of the La Ferme d’Augustin brand, the Website and its content:
The trademark “La Ferme d’Augustin”, as well as all associated trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and/or logos, elements protected by copyright, designs and/or logos appearing on any article, accessory or packaging of the La Ferme d’Augustin brand, whether registered, patented or protected by copyright or not (the “La Ferme d’Augustin” trademark), are and shall remain the exclusive property of the Company or the Hotel.
The Website and all graphic, textual, visual and photographic elements appearing therein, including in particular all illustrations, trademarks whether figurative or not, logos, images, drawings, photographs, characters, text, sets, presentation formats, graphics or any other element of the Website (hereinafter the “content”) are and shall remain the exclusive property of the Company or the Hotel and are protected in particular by intellectual property rights.
The trademark “La Ferme d’Augustin”, the Website and/or its content may under no circumstances, in whole or in part, be modified, reproduced, represented, distributed, displayed, commercialized, incorporated into a derivative work or otherwise, on any medium whatsoever. More generally, the trademark, the Website and its content may be used only in the context of browsing the Website and, where applicable, to make a Reservation or place an order.
The use of all or part of the Trademarks, the Website and/or its Content, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these GTC, is strictly prohibited.
Subject to your compliance with these General Terms and Conditions, you benefit from a personal, revocable, non-exclusive and non-transferable right to access and use the Website and/or its Content solely and exclusively for your personal and private use, for non-commercial purposes. In the event of non-compliance with the above rules, you agree to release SASU La Ferme d’Augustin from all liability for any prejudice resulting from such non-compliance, including against any claim, liability, costs (including lawyers’ fees), damages, lawsuits or proceedings brought by any person on the basis of the direct or indirect use of one or more works.
8.4.2 Intellectual property relating to the works present within the Hotel
The works present within the Hotel (namely, in particular but not exclusively, paintings, sculptures, works of applied art such as furniture, décor, etc.), hereinafter referred to as the “Works”, must not, during a Client’s visit, be the subject of any photographing, capture, reproduction, nor be represented, in any form or on any medium whatsoever, within the limits of Article L122-5 of the Intellectual Property Code.
In the event of failure to comply with the rule set out above, the Client undertakes to indemnify the Hotel and the Company for any prejudice resulting from the violation of said rule and in particular against any claims, prejudice, costs (including lawyers’ fees), damages, lawsuits or proceedings by any person resulting from the direct or indirect use of one or more Works.
8.4.3 Links to third-party websites
The Hotel website may contain hyperlinks allowing access to websites operated by third parties.
As these websites are not controlled by SASU La Ferme d’Augustin, the latter may not be held liable for their content, their availability, or the products or Services offered thereon.
Access to these third-party websites is at the user’s sole responsibility.
The creation of hyperlinks to the Hotel website must be subject to prior authorization from SASU La Ferme d’Augustin.
8.4.4 Communications and content transmitted by Clients
By transmitting to the Hotel content such as comments, questions, reviews, photographs, videos, drawings or any other content (hereinafter the “Communications”), the Client grants SASU La Ferme d’Augustin a worldwide, non-exclusive, royalty-free, transferable and sublicensable right, allowing in particular:
to use, reproduce, modify, adapt, translate, publish, disseminate, represent or display such Communications;
to create derivative works from such Communications;
to exploit such Communications on any medium or media, whether currently known or developed subsequently, in particular for the purposes of information, communication or promotion of the establishment.
The Client also authorizes the Hotel to use the name or pseudonym associated with such Communications, in particular in the context of the publication of a review or testimonial, unless otherwise requested by the Client.
8.5 Force majeure
The Parties agree to apply the provisions of Article 1218 of the Civil Code and the case law of the French courts relating to force majeure.
A case of force majeure shall mean any external, unforeseeable and irresistible event preventing the normal performance of one of the Parties’ obligations.
In particular, but without limitation, the following are considered cases of force majeure:
natural disasters (floods, fires, storms, earthquakes, etc.);
acts of terrorism, riots, civil unrest or armed conflicts;
pandemics, epidemics or health crises;
decisions, restrictions or measures taken by public or administrative authorities (administrative closure, travel restrictions, travel bans, mandatory health measures, requisitions, etc.);
general strikes, transport blockages or interruption of communication or supply networks;
any event rendering the normal operation of the establishment or the reception of Clients impossible under conditions compliant with safety or health standards.
In such a situation, the Hotel may not be held liable for the total or partial non-performance of its obligations.
The Hotel’s liability may in particular not be engaged in the event of malfunction of communication networks or IT systems, such as the unavailability of the internet network, impossibility of access to the Website, an external intrusion, the presence of computer viruses or any other technical incident beyond the Hotel’s control.
The Hotel reserves the right, depending on the circumstances, to cancel or modify the Reservation. In such case, any sums prepaid by the Client shall be refunded or the stay shall be postponed, without any additional indemnity or compensation being claimable.
It is expressly specified that events relating to the Client’s personal convenience (individual illness, transport cancellation or delay, change in travel plans, etc.) do not constitute cases of force majeure within the meaning of these general terms and conditions of sale. The impossibility for the Client to travel to the Hotel (flight cancellation, travel restrictions, personal situation) does not constitute a case of force majeure for the establishment.
8.6 Evidence – Archiving – Retention of contracts
8.6.1 Evidence
In accordance with Articles 1366 and 1367 of the Civil Code, data and information recorded in electronic form in the computer systems of SASU La Ferme d’Augustin shall have the same evidentiary force as writings on paper.
The Parties agree that the data recorded in the Hotel’s computer systems, under reasonable security conditions, constitute proof of the communications, reservations, orders, payments and transactions made between the Hotel and the Client.
The entry of the information requested during the Reservation process, in particular bank details, as well as acceptance of these general terms and conditions of sale and the specific conditions of the reserved rate, shall have the same legal value as a handwritten signature and contractually bind the Client.
In the event of a dispute, the Hotel may rely in particular on the data recorded in its computer systems, Reservation confirmations, emails exchanged, payment elements, as well as connection logs making it possible to identify the actions carried out by the Client.
The Client is informed that certain technical data, such as the IP address used at the time of Reservation, may be recorded for security, fraud prevention and evidentiary purposes.
Computerized records are kept on reliable and durable media, under reasonable security conditions, and may be produced as evidence in the event of a dispute.
8.6.2 Retention – Archiving
In accordance with Article L.213-1 of the Consumer Code, SASU La Ferme d’Augustin ensures the retention of the writing recording the conclusion of the Contract where the amount is equal to or greater than one hundred and twenty (120) euros.
These documents are kept for a period of ten (10) years from the performance of the service and remain accessible to the Client who requests them during that same period.
The contractual documents may be retained in electronic format or on paper.
8.7 Applicable law – Disputes
8.7.1 Applicable law
These general terms and conditions of sale are governed by French law, without prejudice to any mandatory protective provisions that may apply in the Client’s country of residence.
8.7.2 Complaint
Any complaint relating to the stay or to the Services provided by the Hotel must be sent as soon as possible in order to enable prompt handling.
The Client may contact the Hotel at the following details:
Hôtel La Ferme d’Augustin
979 Route de Tahiti
83350 Ramatuelle – France
Email: info@fermeaugustin.com
The Hotel shall endeavor to respond as soon as possible and to seek an amicable solution to the dispute before any mediation or legal proceedings.
8.7.3 Mediation
In accordance with Articles L.612-1 et seq. of the Consumer Code, the Client has the possibility of using, free of charge, a consumer mediator with a view to the amicable resolution of any dispute relating to these general terms and conditions of sale.
After first contacting the Hotel’s Customer Service department and in the absence of a satisfactory response within sixty (60) days, the Client may refer the matter to the consumer mediator to which the Hotel belongs, namely the Association Médiation Tourisme et Voyage (MTV):
either by completing the form provided for this purpose on the MTV website: https://www.mtv.travel
or by post addressed to:
Médiation Tourisme et Voyage (MTV)
BP 80 303
75823 Paris Cedex 17
France
The mediator may be seized within a maximum period of twelve (12) months from the written complaint sent to the Hotel.
The Client remains free to use mediation or not.
If the Hotel resorts to mediation, the Client is also free to accept or refuse mediation.
Once the mediator’s decision has been issued, each party is free to accept or refuse the solution proposed by the mediator.
It is also recalled that, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Client has access to the online dispute resolution (ODR) platform at the following address: ec.europa.eu/consumers/odr.
Recourse to mediation is an amicable and optional procedure which does not deprive the Client of the possibility of subsequently referring the matter to the competent courts.
8.7.4 Competent jurisdiction
Any dispute relating to the interpretation, performance or validity of these general terms and conditions of sale shall, insofar as possible, be subject to an attempt at amicable resolution. Failing amicable agreement and subject to the mandatory provisions applicable in matters of consumer protection, the dispute shall be brought before the competent French courts.