Conditions of Business

**GENERAL TERMS OF SALE 2024**

**Booking of accommodation or “tourism” pitches by individuals**

*Provider’s Contact Information:*

– SAS CAMPING NEPTUNE,
– Plage de Massane, 4 allée Gustave Eiffel, 13920 Saint Mitre Les Remparts
– 04 42 44 06 60 / resa@neptune-camping.com

/ www.camping-neptune.fr

**DEFINITIONS:**
– *RESERVATION:* Purchase of Services.
– *SERVICES:* Seasonal rental of accommodation or “tourism” pitches.
– *ACCOMMODATION:* Tent, caravan, motorhome, Mobile homes.

**ARTICLE 1 – SCOPE OF APPLICATION**

These General Terms of Sale apply without restriction to any rental of accommodation or “tourism” pitches on the camping ground LE NEPTUNE, operated by LE NEPTUNE (‘the Provider’), to non-professional clients (“the Clients” or “the Client”), on its website www.camping-neptune.fr or by phone, postal mail, electronic mail (emails), or through a tour operator or in person.

The main features of the Services are presented on the website www.camping-neptune.fr.  The Client is required to be aware of them before placing an order. The choice and purchase of a Service are the sole responsibility of the Client.

These General Terms of Sale apply to the exclusion of any other conditions of the Provider, especially those applicable to other distribution channels for the Services.

These General Terms of Sale are accessible at any time on the website and will prevail, if necessary, over any other version or any other contractual document. The version applicable to the Client is the one in force on the website or communicated by the Provider on the date of the Order by the Client.

Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Client.

In accordance with the conditions defined by the Data Protection Act and the European Regulation on the protection of personal data, the Client has the right to access, rectify, and object if the processing is not essential to the execution of the order and the stay, as well as to their follow-ups, to all of his personal data by writing, by mail and justifying his identity, to:

CAMPING NEPTUNE – Page de Massane – 4 allée Gustave Eiffel – 13920 SAINT MITRE LES REMPARTS

The Client declares having read these General Terms of Sale and accepted them either by ticking the box provided for this purpose before implementing the online ordering procedure, or by any other appropriate means in the case of reservations made outside the Internet.

**ARTICLE 2 – BOOKINGS**

The client selects the services on the website by filling out the online reservation form, completing all required fields respecting the 5 reservation steps. Then, the provider sends the client a summary quote that he accepts by confirming his reservation by sending the deposit. For any reservation made by phone, email, postal mail, or in person, the client must indicate the services he wishes to order and provide all necessary information for the proper processing of his order.

The client will then receive an order confirmation by email, with a summary of the services ordered. It is the client’s responsibility to check the accuracy of the order and to immediately inform the provider of any errors. The order will only be considered final after the provider receives the deposit from the client. Any order placed on the website resa@neptune-camping.com

, by phone, by email, by postal mail, or in person constitutes the formation of a distance contract between the client and the provider. Any order will be processed by the reservation service of Camping Le NEPTUNE during its opening hours. Any order is nominative and cannot, under any circumstances, be transferred.

**ARTICLE 3 – RATES**

The services offered by the provider are provided at the rates in force on the website resa@neptune-camping.com

at the time of the client’s order. Prices are expressed in euros, including VAT. The rates take into account any reductions that would be granted by the provider on the website resa@neptune-camping.com

. These rates are firm and non-revisable during their period of validity, as indicated on the website. Beyond this period of validity, the offer is null and void, and the provider is no longer bound by the prices. They do not include reservation fees, which are billed separately, as indicated on the website resa@neptune-camping.com

and calculated prior to placing the order.

The payment requested from the client corresponds to the total amount of the purchase, including these fees. An invoice is drawn up by the seller and delivered by email to the client on the day of arrival.

3.1. TOURIST TAX

The tourist tax, collected on behalf of the municipality, is not included in the rates. Its amount is determined per person and per day. It must be paid when paying for the service and is clearly stated on the invoice.

**ARTICLE 4 – PAYMENT TERMS**
4.1. DEPOSIT

Amounts paid in advance are deposits. They constitute an advance on the total price due by the Client.

A deposit corresponding to 30% of the total price of the ordered Services is required when placing the order by the Client. It must be paid within 7 days. It will be deducted from the total amount of the order.

It will not be refunded by the Provider in case of cancellation of the stay by the Client less than 30 days before the scheduled arrival date (except as provided for in Article 6.4 of these general conditions).

4.2. PAYMENTS

Payments made by the Client will only be considered final after the effective collection of the amounts due to the Provider.

4.3. NON-COMPLIANCE WITH PAYMENT CONDITIONS

The provider reserves the right, in the event of non-compliance with the payment conditions above, to suspend or cancel the provision of the services ordered by the client and/or to suspend the performance of its obligations after a reminder sent by email remains ineffective.

**ARTICLE 5 – PROVISION OF SERVICES**
5.1. AVAILABILITY AND USE OF SERVICES

The accommodation or pitch can be occupied from 3:00 pm on the day of arrival and must be vacated by 10:00 am on the day of departure.

The balance of the stay must be fully paid

* on the day of arrival.

Accommodations and pitches are intended for a specified number of occupants for rent and must not, under any circumstances, be occupied by a higher number of people.

Accommodations and pitches will be returned in the same state of cleanliness as at the time of delivery. Failing that, the tenant must pay a flat rate of €100 for cleaning. Any damage to the accommodation or its accessories will be rectified immediately at the tenant’s expense. The inventory status at the end of the rental must be rigorously identical to that at the beginning of the rental.

5.2. SECURITY DEPOSIT

For accommodation rentals, a security deposit of €400 is required from the Client on the day of handing over the keys and will be returned to him on the day of the end of the rental, with possible deduction of refurbishment costs.

This deposit does not constitute a limit of liability.

 

**ARTICLE 6 – DELAY, INTERRUPTION, OR CANCELLATION OF STAY BY THE CLIENT**

No reduction will be granted in the case of a delayed arrival, early departure, or a modification of the number of persons (whether for the entire or part of the planned stay).

**6.1. MODIFICATION**

In the event of a change in dates or the number of persons, the Provider will endeavor to accept modification requests as much as possible within the limits of availability, without prejudice to any additional fees. In all cases, this is a simple obligation of means, as the Provider cannot guarantee the availability of a pitch or accommodation, or another date; an additional fee may be requested in these cases.

Any request to reduce the duration of the stay will be considered by the Provider as a partial cancellation, the consequences of which are governed by Article 6.3.

**6.2. INTERRUPTION**

An early departure will not entitle the Client to any refund from the Provider.

**6.3. CANCELLATION**

In the event of cancellation of the Reservation by the Client after its acceptance by the Provider less than 30 days before the scheduled date of the reserved Rental, for any reason other than force majeure, the deposit paid at the Reservation, as defined in Article 4 – PAYMENT TERMS of these General Terms of Sale, will automatically be acquired by the Provider, as compensation, and cannot give rise to any refund.

In any case of cancellation, processing and management fees (Article 3) will remain acquired by the Provider.

**6.3.1 CANCELLATION OPTION**

**6.4. CANCELLATION IN CASE OF PANDEMIC**

**6.4.1.** In the event of a total or partial closure of the establishment during the reserved stay dates (which is assimilated to a total or partial ban on public reception, to the extent that the Client is directly affected by the application of this measure) decided by the public authorities and not attributable to the Provider, the amounts paid in advance by the Client for the reservation of the stay will be refunded within 15 days.

However, the Provider cannot be held liable for any additional compensation beyond this refund of the amounts already paid for the reservation of the stay.

**6.4.2.** By derogation from the provisions of Article 6.3 CANCELLATION, any cancellation of the stay duly justified by the fact that the Client would be affected by COVID-19 (infection) or another infection considered as part of a pandemic, or identified as a contact case, and that this situation would jeopardize their participation in the stay on the scheduled dates, will either entitle them to a refund or a rescheduling according to the government and/or the National Federation of Outdoor Hotels’ guidelines.

Any processing and management fees as provided in the general conditions will remain acquired by the Provider. In all cases, the Client must provide evidence justifying the event that makes them eligible for this cancellation right.

**6.4.3.** By derogation from the provisions of Article 6.3 CANCELLATION, in the event that the Client is compelled to cancel the entire stay due to government measures preventing participants from traveling (general or local lockdown, travel ban, border closure), even though the camping ground is able to fulfill its obligation and welcome the Clients, the Provider will either entitle them to a refund or a rescheduling according to the government and/or the National Federation of Outdoor Hotels’ guidelines.

**ARTICLE 7 – CLIENT’S OBLIGATIONS**
**7.1. LIABILITY INSURANCE**

The Client staying on a pitch or in accommodation must be insured for liability. An insurance certificate may be requested from the Client before the start of the service.

**7.2. ANIMALS**

Domestic animals are accepted on bare pitches and with accommodations, under the responsibility of their owners and kept on a leash, subject to an additional fee mentioned on the website www.camping-neptune.fr.

**7.3. INTERNAL REGULATIONS**

Internal regulations are posted at the entrance of the establishment and at the reception. The Client is obliged to be aware of them and respect them. They are available upon request.

**ARTICLE 8 – PROVIDER’S OBLIGATIONS – WARRANTY**

The Provider guarantees the Client, in accordance with legal provisions and without additional payment, against any lack of conformity or hidden defect resulting from a defect in the design or realization of the ordered Services.

To assert their rights, the Client must inform the Provider in writing of the existence of defects or lack of conformity within a maximum period of 24 hours from the provision of the Services.

The Provider will refund, rectify, or have rectified (to the extent possible) the services deemed defective as soon as possible and at the latest within 2 days following the observation by the Provider of the defect or vice. The refund will be made by crediting the Client’s bank account or by bank cheque sent to the Client.

The Provider’s warranty is limited to the refund of the Services actually paid by the Client. The Provider cannot be considered responsible or deficient for any delay or non-performance resulting from the occurrence of a force majeure usually recognized by French jurisprudence. The Services provided through the website www.camping-neptune.fr by the Provider comply with the regulations in force in France.

**ARTICLE 9 – RIGHT OF WITHDRAWAL**

Activities related to the organization and sale of stays or excursions on a specific date or during a specified period are not subject to the withdrawal period applicable to distance and off-premises sales, in accordance with the provisions of Article L221-28 of the Consumer Code.

**ARTICLE 10 – PROTECTION OF PERSONAL DATA**

The Provider, author of this document, implements the processing of personal data based on:

– Either the legitimate interest pursued by the Provider when pursuing the following purposes:
– prospecting
– managing relationships with clients and prospects,
– organizing, registering, and inviting to Provider’s events,
– processing, executing, prospecting, producing, managing, and following up on client requests and files,
– drafting acts on behalf of clients.

– Or compliance with legal and regulatory obligations when implementing processing for the purpose of:
– preventing money laundering and terrorist financing and combating corruption,
– invoicing,
– accounting.

The Provider retains data only for the duration necessary for the operations for which they were collected, in compliance with current regulations.

In this regard, client data is kept for the duration of the contractual relationships plus 3 years for animation and prospecting purposes, without prejudice to retention obligations or prescription periods.

For the prevention of money laundering and terrorist financing, data is kept for 5 years after the end of relations with the Provider. In accounting matters, they are kept for 10 years from the closing of the accounting year.

Prospect data is kept for a period of 3 years if no participation or registration in Provider’s events has taken place.

The processed data is intended for authorized personnel of the Provider.

In accordance with the provisions of the Data Protection Act and the European Regulation on data protection, individuals have the right to access data concerning them, rectify, question, limit, port, and erase.

Those affected by the implemented processing also have the right to object at any time, for reasons related to their particular situation, to the processing of personal data based on the legitimate interest of the Provider, as well as the right to object to commercial prospecting.

They also have the right to define general and specific directives defining how they intend to exercise, after their death, the rights mentioned above.

* By email to the following address: [Email Address]
* or by post to the following address: [Name, first name, Corporate name, Postal address], accompanied by a copy of a signed identity document.

Those affected have the right to lodge a complaint with the CNIL.

**ARTICLE 11 – INTELLECTUAL PROPERTY**

The content of the website www.camping-neptune.fr is the property of the Provider and its partners and is protected by French and international laws on intellectual property.

Any reproduction, distribution, total or partial use of this content is strictly prohibited and may constitute an infringement.

Furthermore, the Provider remains the owner of all intellectual property rights over photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Client) for the provision of Services to the Client. The Client therefore refrains from any reproduction or exploitation of these studies, drawings, models, and prototypes, etc., without the express, written, and prior authorization of the Provider, which may be subject to financial compensation.

The same applies to names, logos, or any graphic or text representation belonging to the Provider or used and disseminated by it.

**ARTICLE 12 – APPLICABLE LAW – LANGUAGE**

These General Terms of Sale and the operations arising from them are governed by and subject to French law.

These General Terms of Sale are written in the French language. In the event of translation into one or more foreign languages, only the French text will prevail in the event of a dispute.

**ARTICLE 13 – DISPUTES**

All disputes to which the purchase and sale transactions concluded under these general terms of sale could give rise, concerning their validity, interpretation, execution, termination, consequences, and consequences, and which could not have been resolved between the Provider and the Client will be submitted to the competent courts under the conditions of common law.

The Client is informed that, in any case, in the event of a dispute, they can resort to a conventional mediation procedure or any other alternative dispute resolution method.

They can notably resort free of charge to the Consumer Mediator following:

SAS Mediation Solution – 222, chemin de la Bergerie – 01800 Saint-Jean de Niost 04 82 53 93 06 / contact@sasmediationsolution-conso.fr / https://sasmediationsolution-conso.fr

**ARTICLE 14 – PRECONTRACTUAL INFORMATION – CLIENT’S ACCEPTANCE**

The Client acknowledges having been communicated, prior to placing their Order, in a clear and understandable manner, these General Terms of Sale and all the information and information referred to in articles L 111-1 to L111-7 of the Consumer Code, in addition to the information required by the decree of October

22, 2008, concerning the prior information of the consumer on the characteristics of rental accommodations in outdoor hotels and in particular:

– The essential characteristics of the Services, taking into account the communication medium used and the Services concerned;
– The price of the Services and additional costs;
– Information about the identity of the Provider, its postal, telephone, and electronic contact details, and its activities if not apparent from the context;
– Information about legal and contractual guarantees and their terms of implementation; the functionalities of digital content and, where applicable, its interoperability;
– The possibility of resorting to conventional mediation in the event of a dispute;
– Information about termination and other important contractual conditions.

The act of an individual (or legal entity) ordering on the website www.camping-neptune.fr implies adherence and full acceptance of these General Terms of Sale, which is expressly recognized by the Client, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Provider.