ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of the accommodation reservation services offered by The Outmakers site to consumers and non-professional customers on the website.
The main characteristics of the Services are presented on the website.
The Customer is required to read it before any reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares :
-> To have full legal capacity to commit under these General Conditions of Sales.
-> Make reservations for overnight stays and additional services for personal needs.
-> To be able to save and print the present General Terms and Conditions of Sale.
These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Services.
The Customer is informed that The Outmakers enters into partnership agreements with third party hotels, guest houses or aparthotels in order to allow the Customer, by using the services offered by these partners, to search, select and book rooms on The Outmakers website. Any hotel room reservation made under these conditions implies the Client’s full and unreserved consultation and acceptance of the Provider’s special terms and conditions, the terms and conditions of sale of the reserved rate and these general terms and conditions of sale. The Customer declares that he/she has obtained all the necessary information available on the website.
The present General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Customer. Thus, the entry of banking information, acceptance of the General Terms and Conditions of Sale, the Terms and Conditions of Sale of the price list or the Reservation Request, between The Outmakers and the Client has the same value as a handwritten signature on paper. The Computerized Registers stored in The Outmakers’ computer systems will be kept in reasonably secure conditions and will be considered proof of communication, order and payment between The Outmakers and the Client.
The Customer is informed that his/her IP address is recorded at the time of booking.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all his personal data by writing by email and proving his identity to: firstname.lastname@example.org.
The present General Terms and Conditions of Sale also include the Personal Data Charter.
The Client declares that he has read these General Terms and Conditions of Sale (including the Personal Data Charter) and has accepted them by ticking the box provided for this purpose before the online reservation procedure is implemented, as well as the General Terms and Conditions of Use of the website.
The validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Client acknowledges having the capacity required to contract and acquire the Services offered on The Outmakers website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website at the date of the reservation.
The present General Terms and Conditions of Sale are applicable during the time the services offered by the Hotel on the Hotel’s Website are online. The Hotel reserves the right to temporarily or permanently close access to its Web Site.
ARTICLE 2 – Reservations
The Customer selects on the website the accommodation he wishes to reserve, according to the following terms and conditions:
4 Entering credit card details in case of guarantee or prepayment
The Customer acknowledges having read the nature, destination and reservation methods of the Services offered by the Hotel and having requested and obtained the information necessary to make a reservation with full knowledge of the facts. The Customer is solely responsible for his or her choice of services and their adequacy to his or her needs, so that the Hotel cannot be held liable in this respect.
The Client agrees to complete the information requested on the reservation request and certifies the truthfulness and accuracy of the information transmitted.
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the reservation by the Customer.
For reservations made exclusively on the Internet, the registration of a reservation on the Provider’s website is made when the Customer accepts these Terms and Conditions of Sale by ticking the box provided for this purpose and validates his reservation. The Customer has the opportunity to check the details of his reservation, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the reservation and to immediately report any error.
The sale of Services will only be considered final after the Service Provider has sent the Client confirmation of acceptance of the reservation by e-mail and after the Service Provider has received the full price.
Any reservation made on the Website constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
The Outmakers reserves the right to cancel or refuse any reservation from a Client with whom there is a dispute over payment of a previous reservation.
Each reservation is nominative and can in no case be transferred to a third party.
Cancellation of a reservation at the Flexible rate :
The cancellation policy depends on each property owner. When registering its property, the owner can add the cancellation property he wants and this only will apply. However due to the context and depending on the host will, cancellation can be exceptionally accepted and refund can be discussed in some contexts.
Cancellation / Modification of a reservation at the rate Non Cancellable Non Refundable :
In the event of cancellation or modification of the reservation at the non-refundable, non-cancellable rate by the Customer, for any reason whatsoever, a sum corresponding to 100% of the total prepaid amount will be automatically acquired by the Provider and invoiced to the Customer. The same shall apply in the event that the Customer does not show up on the date of arrival.
ARTICLE 3 – RATES
The Services offered by the Provider are provided at the rates agreed with the hotels and guesthouses by email, telephone or verbally on The Outmakers website when the Provider makes the reservation. Prices are expressed in Euros and include all taxes.
The rates take into account any discounts that may be granted by the Provider under the conditions specified on the Hotel’s website.
These rates are firm and non-revisable during their period of validity, as indicated on the Hotel’s website, and the Provider reserves the right, outside this period of validity, to modify the prices at any time.
The rates are indicated before and at the time of the reservation made by the Customer. They are per room for the number of persons and the date selected.
Rates are confirmed to the Customer in the commercial currency of the Hotel, including all taxes (excluding tourist taxes). They include VAT at the rate applicable on the day of the reservation; any change in the rate applicable to VAT will automatically be reflected in the rates indicated on the date of the invoice. The same will apply to any change or introduction of new legal or regulatory taxes imposed by the competent Authorities.
Rates do not include the Tourist Tax which can be paid directly on site at the Hotel. The Customer agrees to pay these various taxes without any dispute to the Hotel.
The payment requested from the Customer corresponds to the total amount of the purchase, excluding this Tax.
The service fee for the renter is 2% on total price.
The host fee is 7% on price. This information is available of the register page: https://theoutmakers.com/become-a-partner and on the page where the host needs to add his rates (add-listing section).
The use of the Site https://theoutmakers.com is free of charge. The reservation of an Offer is charged to the customer. The prices displayed on the Site have been negotiated by The Outmakers with the Hotels according to the seasons. They may differ from the prices published by the Hotels in other media. The prices are indicated in Euros. They include VAT, in accordance with the rate in force for the service concerned, but do not include the tourist tax which must be paid by the Member directly to the Hotel at the time of the stay. The price of an Offer may be changed at any time. However, the rate applied to an Offer will be the one announced on the Site at the time of Reservation. The prices displayed are per room and for two adults (unless otherwise indicated on the Site). Unless otherwise stated on the Site, additional services (breakfast, etc…) are not included in the price. Conversion into foreign currency is given as an indication and is not contractual. If a rate involves payment directly to the Hotel upon the Customer’s arrival or departure and the Customer’s currency is not the same as the Hotel’s currency, the rate debited by the Hotel may differ from the rate communicated at the time of reservation, taking into account the change in the exchange rate between the date of reservation and the date of payment.
An invoice is drawn up by the Service Provider and given to the Customer when the Reserved Services are provided.
ARTICLE 4 – Online payment
For security reasons, all payments made on the Site are made by credit card through the payment service provider Stripe (https://stripe.com).
Stripe uses the SSL (Secure Socket Layer) protocol in such a way that the information transmitted is encrypted by a software program in accordance with the rules of the art and that no third party can read it during transport on the network.
In accordance with ARTICLE L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his or her banking information at the time of the sale, the Member authorizes the Hotel to debit his or her card for the amount relating to the indicated price. Once the payment is initiated by the Member, the transaction is immediately debited after verification of the information. In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled by operation of law and the Reservation is cancelled. The Member expressly acknowledges that the communication of his or her bank card number to Stripe is equivalent to authorization to debit his or her account up to the amount of the products ordered. The data recorded and kept by the Site constitutes proof of the order and of all transactions made. The data recorded by Stripe constitutes proof of financial transactions. The publisher of the Site may in no case be held responsible for the consequences of misuse of the Stripe.com site on its part, nor for the inaccessibility of this site, if applicable.
ARTICLE 5 – Provision of Services
The Services reserved by the Customer, which include hotel room reservations and ancillary services, will be provided in accordance with the following terms and conditions, under the conditions set forth in these General Terms and Conditions of Sale, as supplemented by the Tariff Terms and Conditions of Sale that the Customer has read and accepted when making his/her reservation on the Hotel’s website.
Upon arrival, the Customer will be asked to present his or her identity document to ensure that he or she is required to complete a Policy Form.
The client accepts and agrees to use the accommodation with due care. Also, any behavior contrary to morality and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation or refund if a payment has already been made. In the event that no payment has been made, the Customer must pay the price of the nights consumed before leaving the establishment.
The Customer will be held responsible for all direct and/or indirect, consequential damages, of which he or she is the author, found in the reserved room or that he or she may cause within the Hotel. Consequently, the Customer agrees to indemnify the Hotel for the amount of such damages, without prejudice to any damages that may be due, legal and court costs incurred by the Hotel.
In the event of an exceptional event, case of force majeure or impossibility of making the reserved room available to the Customer, the Hotel reserves the possibility of having the Customer stay totally or partially in a hotel of an equivalent category, for services of the same nature and subject to the Customer’s prior agreement.THE OUTMAKERS may not be held liable for any non-performance or poor performance of the reservation of the Offer attributable either to the Member or to the unforeseeable and insurmountable act of a third party, or to a case of force majeure (as defined by the regulations), nor may THE OUTMAKERS be held liable for any errors made by the Member in the information provided when booking the Offer on the Website.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the Consumer Code, given the nature of the services provided. The contract is therefore concluded definitively as soon as the Customer makes the reservation according to the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 – Liability of the Provider – Warranty
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any lack of conformity or latent defect, resulting from a failure to perform the Services reserved and effectively paid for under the conditions and according to the terms and conditions defined in these General Terms and Conditions of Sale.
The Services provided through the https://theoutmakers.com website comply with the regulations in force in France. The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 8 – Data Processing and Liberties
In application of the law 78-17 of January 6, 1978, it is reminded that the personal data which are requested from the Customer are necessary for the treatment of its reservation and the establishment of the invoices, in particular.
These data are processed and intended for the Hotel and may be communicated to its possible partners responsible for the execution, processing, management and payment of reservations and the Customer’s stay.
In addition, the Hotel is likely to send its customers its newsletter, promotional offers and a satisfaction questionnaire by e-mail following their hotel stay.
The processing of information communicated through the Hotel’s website has been declared to the CNIL.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition regarding the information concerning him.
This right may be exercised under the conditions and according to the terms and conditions defined on the website.
The personal data protection policy can be consulted in the Personal Data Protection Charter available on the Website https://theoutmakers.com.
ARTICLE 9 – Existence of a difficulty
For any difficulty or claim, the Member is invited to contact THE OUTMAKERS Customer Service so that the Parties may attempt to find an amicable solution to the existing dispute by email at: email@example.com.
ARTICLE 10 – Intellectual Property
The content of the website https://theoutmakers.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
ARTICLE 11 – Unpredictability
These General Terms and Conditions of Sale expressly exclude the legal regime of contingency provided for in Article 1195 of the Civil Code for all Service operations from the Service Provider to the Customer. The Service Provider and the Customer therefore each waive the provisions of Article 1195 of the Civil Code and the contingency regime provided therein, agreeing to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution would prove excessively expensive and to bear all the economic and financial consequences.
ARTICLE 12 – Force majeure
The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
Article 13: MISCELLANEOUS PROVISIONS
The present General Terms and Conditions of Sale, the Personal Data Charter, the Terms and Conditions of Sale of the rate reserved by the Customer, the Booking Request, the Booking Confirmation by the Customer, constitute the entire agreement of the parties within the limits of its purpose. They replace and cancel, consequently, within this limit, any verbal or written agreement which would be prior to them.
No tolerance, whatever the nature, extent, duration or frequency, may be considered as creating any right and may not lead to limiting in any way whatsoever the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction.
Any clause of the present General Terms and Conditions of Sale that is declared null and void or illegal by a competent judge will be deprived of effect, but its nullity will not affect the other stipulations, nor will it affect the validity of the General Terms and Conditions of Sale as a whole or their legal effects.
ARTICLE 14 – Applicable Law – Language
The present General Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 15 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved between The Outmakers and the Client, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 16 – Pre-contractual information – Acceptance of the Customer
The Customer acknowledges having been informed, prior to making a reservation and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the French Consumer Code, and in particular the following information:
The fact for a natural person (or legal entity) to reserve on The Oumakers website implies full and complete adherence and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.