HaSaBe Gestion FWI is a Limited Liability Company registered with the Basse-Terre Trade and Companies Register under number 898 070 768 whose head office is located on chemin de Thomy, Gros Morne - 97116 Pointe-Noire - Guadeloupe, operating the trade names "HABITATION CAFEIERE SAMANA BEAUSEJOUR and HABITATION SAMANA BEAUSEJOUR" (hereinafter "HaSaBe Gestion FWI").

HaSaBe Gestion FWI publishes and operates the website http://www.habitationsamanabeausejour.com and operates the website http://www.habitation-cafeiere-samana-beausejour.amenitiz.io (also available in mobile version), reservation of tourist accommodation and other additional services (hereinafter the "Site").

(To contact us: contact; telephone: +590 (0)6 90 09 90 23)

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1. PREAMBLE

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The purpose of these general conditions (hereinafter the “General Conditions”) is to define the terms and conditions under which HaSaBe Gestion FWI allows its clients (hereinafter the “Client(s)”) to benefit from the all services, including reservations, available on this Site and described in more detail below (hereinafter together the “Services”).

Prior to any reservation of a Service on the Site, the Customer declares (i) that he is acting for personal purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and (ii) have full legal capacity allowing him to engage under these General Conditions

The Customer is invited to carefully read these General Conditions, the prior acceptance of which is mandatory for the reservation of any Service offered on the Site. It is advisable for all Customers to save and print these General Conditions using the standard functionalities of their browser and computer.

HaSaBe Gestion FWI reserves the right to modify or supplement, at any time, all or part of these General Conditions. In this case, the new version of the General Conditions will be available on the Site with its date of entry into force. Customers are advised to regularly consult the General Conditions to be aware of any possible modifications. In any case, the Customer will only be bound by the only version of the General Conditions in force at the time the Customer makes the reservation of his Service.

The Customer alone is required to pay, where applicable, all the technical means giving him access to the Site.

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2. DESCRIPTION OF SERVICES

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2.1 HASABE FWI MANAGEMENT SERVICES

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HaSaBe Gestion FWI offers on its Site (i) services for booking guest rooms or furnished tourist accommodation (“Accommodation Services”) (2.1.1) and (ii) services complementary to said Services (“Complementary Services ”) (2.1.2).

The Hosting Services and the Additional Services are hereinafter collectively referred to as the “HaSaBe Gestion FWI Services”.

 

2.1.1 ACCOMMODATION SERVICES

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The Site allows the reservation of guest rooms or other types of accommodation operated under a HaSaBe Gestion FWI brand (hereinafter Habitation Caféière Samana Beauséjour or Habitation Samana Beauséjour).

The essential characteristics, the dates of availability, the price, the options offered, the payment conditions and the special conditions of sale applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, rate conditions, etc. .) are presented during the reservation process as described in article 3 below.

Pursuant to the regulations in force in certain countries, the Customer may be asked, upon arrival at the Establishment, to complete a police form. To do this, the Customer will be asked to present an identity document in order to verify whether or not he must complete the police form.

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2.1.2 ADDITIONAL SERVICES

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The Site also allows the reservation of Additional Services, such as for example an extra upon arrival of the Customer, the upgrade of the Accommodation Services or a group insurance of damages with optional membership called "Cancellation Insurance".

The Additional Services also cover travel services within the meaning of Article 3.1 of Directive (EU) 2015/2302 of 25 November 2015 on package travel and related travel services, which may form with the Accommodation Services either a “linked travel service” or a “tourist package” according to the criteria specified by the said Directive. This information is communicated to the Customer prior to the reservation of these services in the Special Conditions specific to each offer.

 

3. RESERVATION PROCESS

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The Customer chooses any Service presented on the Site or those of its partners by following the path provided for this purpose.

 

3.1 RESERVATION OF HASABE FWI MANAGEMENT SERVICES

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Reservations for HaSaBe Gestion FWI Services are made by the Client on the Site.

The booking process varies according to the Customer's navigation and request; it includes the following steps:

- Step 1: information on search criteria for an arrival date and a departure date;

- 2nd step: the results and the selection of a room or a gîte and, where applicable, one or more Additional Service(s);

- Step 3: the details and characteristics of the Service(s) selected, in particular if it is an Accommodation Service: the characteristics of the Accommodation (standard, size of the room, minibar, etc. .), the duration of the stay, the options offered (example: breakfast, cancellation insurance, wifi access, etc.), the total price of the reservation including details of the applicable taxes, the legal information form in the presence of a related travel service or tourist package, and all applicable Specific Conditions (guarantee policies, cancellation conditions, check-in time, etc.);

- Step 4: the summary of the reservation of the Service(s) with: (i) a reminder of the main characteristics (duration of the stay, characteristics of the Accommodation Service and/or the Additional Service(s), amount including tax with details of the applicable taxes) and, (ii) the Customer providing his contact details:   by filling in all the mandatory fields; and by validating them as soon as you click on the "Finalize my reservation" button

- Step 5: the finalization of the reservation of the Service(s) by the Customer with: (i) the information of the data of his means of payment, or in the event of prepayment of the reservation, 30% of the total as a deposit, before the stay, either in the event of a request for a guarantee of reservation of the Accommodation Services and: (ii) the consultation and acceptance of the General Conditions and the Cancellation and Refund Policy relating to the reservation before its validation by the customer ;

- Step 6: the taking into account of the reservation of the Service(s) by HaSaBe Gestion FWI;

- Step 7: an email confirming the reservation of the Service(s) is sent to the Customer summarizing the Service(s) reserved, the price(s), the Special Conditions accepted by the Customer, the date of the reservation made, the information relating to the after-sales service and the General Conditions of Sale and the General Conditions of Insurance as well as the address of the Establishment to which the Customer can present his complaints.

- Step 8 : in the case of selecting the "Cancellation Insurance" service, the customer will then receive a subscription confirmation email from the broker partner in charge of this service.

 

All reservations are deemed to have been made after the Customer has validated their payment by clicking on the "Book" button. By validating with this key, he confirms having read and accepted the General Conditions of Sale.

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3.2 RESERVATION OF PARTNER SERVICES

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Reservations made by the Customer via the Partner Services are made through the website and mobile services of each Partner. The reservation is made directly between the Customer and the Partners, following the steps of the Partners' website and mobile services.

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4. PRICE AND PAYMENT

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4.1 PRICES

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The prices relating to the reservation of the Services are indicated before, during and after the reservation.

For Accommodation Services, the prices indicated are per room for the number of person(s) and the date selected.

When confirming the reservation of a Service, the total price is indicated to the Customer in an amount including tax in the commercial currency of the Establishment and is only valid for the duration indicated on the Site.

Unless otherwise stated on the Site, options (for example, breakfast, half board, etc.) that are not offered at the time of booking the Service are not included in the price.

The tourist tax, presented during the Service reservation process, is to be paid directly on site to the Establishment.

The prices take into account the VAT applicable on the day of the reservation and any change in the rate applicable to the VAT will be automatically passed on to the price indicated on the date of invoicing.

Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the price indicated on the date of invoicing.

Finally, certain promotional offers are only available on the Site and are sold exclusively on the Internet and in no case at the reception of the Establishment.

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4.2 PAYMENT

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4.2.1 General provisions

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The Customer communicates his payment data either (i) to prepay the reservation before the stay, (ii) or as a guarantee of the reservation,   by indicating directly, in the area provided for this purpose (secure entry by SSL encryption) when it is a bank card, the bank card number, without spaces between the figures, as well as its validity date (it is specified that the bank card used must be valid on time of stay) and the visual cryptogram as part of a prepayment via the payment platforms mentioned below.

HaSaBe Gestion FWI has chosen Eviivo Payment Manager / OGONE / Ingenico Payment Services / Crédit Mutuel / EURO-INFORMATION to secure online payments by credit card. The Customer's payment card is subject to a validity check by these partners and may be refused for several reasons: stolen or blocked card, ceiling reached, input error, etc. In the event of a problem, the Customer must contact his bank on the one hand, and the Establishment or any other entity, on the other hand, to confirm his reservation of the Service and his method of payment.

The means of online payment (cards, wallet, etc.) available and mentioned on the payment page of the Site, can be Visa and Mastercard, American Express. This list is subject to change.

In the event of payment at the Establishment, the Establishment may accept different means of payment (JCB, Diners Club, Discover, Union Pay) but the Customer must present to the Establishment the bank card which enabled him to guarantee the reservation or to make the prepayment. The Establishment may also ask him to present an identity document for the purposes of preventing credit card fraud.

An invoice will be sent in electronic format to the e-mail address provided by the Customer when booking; if the Customer wishes to receive an invoice in paper format, he must expressly request it from the Establishment concerned.

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4.2.2 Prepayment

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Prepayment means any payment made at the time of booking by the Customer.

At the time of prepayment, the amount that is debited when booking the Service is a deposit which includes 30% of the total amount indicated at the time of booking (including all applicable taxes) and, where applicable, the price of the options selected by the Customer, as described in article 4.1 above.

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4.2.3 Payment on balance

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The payment of the balance of the reservation will take place on the day of the Customer's arrival. The Customer must pay the amount of the outstanding balance. This balance is the result of the total amount, indicated at the time of booking, minus the amount of the deposit debited from the Customer's bank card at the time of prepayment.

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4.2.4 Bank guarantee

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The guarantee of the reservation by the credit card means the taking of the payment data of the Customer during the reservation. The Customer's bank card is not debited and payment for the stay is made directly to Habitation Caféière Samana Beauséjour on the day of arrival, unless the Customer does not show up at the Establishment and has not previously canceled his reservation according to the cancellation conditions of the reserved rate.

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4.2.5 Pre-authorization

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If the Customer has not prepaid his stay online and no pre-authorization was requested from the Customer when booking, the Establishment may ask the Customer, 14 days before his arrival, for a pre-authorization in order to guarantee the payment of the sums corresponding to the services consumed on site.

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If the Customer has prepaid his stay online, and no pre-authorization has been requested from the Customer when booking, the Establishment may ask the Customer, 14 days before his arrival, for a pre-authorization in order to guarantee any degradation during his stay.

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The pre-authorization (credit card imprint) is set at €500.00 (five cents). It covers all or part of the client's obligations in the event of non-compliance with its obligations. In case of damage caused in the house or on the estate, property, furniture, objects or other, it will not be returned.

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In the event of any discrepancies with the initial state of repair of the SPA, such as cloudy water, presence of sun cream on the water line or in the filter, presence of sand, a cleaning fee of 150€ will be deducted from the pre-authorisation.

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If any traces or odours of tobacco are found in the room, even after the customer has left, an indemnity of 250€ will be deducted from the pre-authorisation.

 

4.2.6 Customer no-show

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In the event of the Customer's non-presentation on the first day of his reservation for an Accommodation Service, the Customer's reservation will be canceled in full and the Establishment will return the Accommodation Services reserved for sale:

   - In the event that the reservation is subject to a no-show, HaSaBe Gestion FWI will retain, as a deposit, all the sums paid by the Customer when booking. HaSaBe may also claim the balance of the reservation not yet paid.

When prepaying a reservation, the deposit amount that is debited includes 30% of the total amount indicated at the time of reservation and, where applicable, the price of the options selected by the Customer, as described in article 4.1 above.

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4.2.7 Payment by gift card

In case of payment with a gift card for a stay whose amount is higher, the balance of the reservation will be due.

In case of payment with a gift card for a stay whose amount is less than the gift card, no refund will be made.

 

5. CANCELLATION OR MODIFICATION OF THE RESERVATION OF A SERVICE

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For Accommodation Services (reservation of rooms or other types of accommodation), the Customer is reminded that he does not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code, and this in accordance with Article L. 221-28 paragraph 12 of the Consumer Code which excludes this right for contracts relating to the provision of accommodation services which must be provided on a given date or for a specific period.

Any cancellation must be notified to HaSaBe Gestion FWI by registered letter or electronically.

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5.1 CANCELLATION BEFORE ARRIVAL AT THE PREMISES

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If a deposit has been paid, it remains acquired by HaSaBe Gestion FWI. HaSaBe Gestion FWI may request the balance of the amount of the stay, if the cancellation occurs less than 42 days before the scheduled date of entry into the premises.

If the total amount of the rental has been paid, HASABE GESTION FWI will retain an indemnity fixed as follows:

• up to 42 days before arrival: €10

• from 41 to 16 days before arrival: 30% of the total amount.

• from 15 days before arrival to "no-show" (no-show): 100% of the total amount.

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If the rental amount was paid with a gift card, HASABE GESTION FWI will retain 100% of the total amount. No refunds will be made.

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If you have taken out cancellation insurance at the time of booking, the sums deducted, with the exception of the amount of the insurance premium, may be reimbursed by the insurance subject to:

• That the reasons for your cancellation are covered by the insurer's contract.

• That the entire stay has been paid.

If the Customer does not appear within 24 hours of the arrival date indicated on the contract, this contract becomes void and HaSaBe Gestion may dispose of the accommodation. The deposit also remains with HaSaBe Gestion FWI who will request the balance of the stay.

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If the cancellation occurs more than 42 days before the scheduled date of entry into the premises, the cancellation and refund will be possible with a deduction with a fixed deduction of €10 corresponding to the bank transaction costs invoiced by the payment service provider. to HaSaBe Gestion FWI.​

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If you have taken out cancellation insurance at the time of booking, you will need to open a claim with the insurer in order to be reimbursed, except for the amount of the insurance premium.

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5.2 EARLY DEPARTURE

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If the stay is shortened, the rental price remains with HASABE GESTION FWI. No refund will be made.

 

5.3 CANCELLATION (COVID-19 TYPE)

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If the cancellation results from a break in air links, or from a travel ban issued by decree, by an administrative authority, even less than 42 days before the date of entry into the premises, a have usable for twelve (12) months. 

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5.4 CANCELLATION BY HASABE GESTION FWI

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HaSaBe Gestion FWI reimburses the Client for all sums paid in advance. 

 

5.5 CANCELLATION INSURANCE 

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HaSaBe Gestion FWI has signed a distribution agreement with Gritchen Affinity, broker manager – Simplified joint-stock company with share capital of 10,000 euros, registered with the Bourges Trade and Companies Register under number 529 150 542, whose registered office is located 27 rue Charles Durand - 18000 Bourges - VAT number: FR78529150542 - Insurance Brokerage Company without obligation of exclusivity (list of partner insurance companies available on request) subject to control by the ACPR, Control Authority Prudential and Resolution, 4 place de Budapest - CS 92459 - 75436 Paris Cedex 09 and registered with ORIAS in the insurance broker category under number 11061317 (www.orias.fr) - Professional Civil Liability and Financial Guarantee in accordance with Articles L 512-6 and L 512-7 of the Insurance Code - Subsidiary of the company GROUPE GRITCHEN ASSURANCES HOLDING, a simplified joint-stock company with capital of 2,312,218.80 euros, registered at Paris Trade and Companies Register under number 799 320 726, whose registered office is located at 21 avenue de Messine 75008 Paris.

HaSaBe Gestion FWI is authorized to distribute the Optional Membership Group Insurance Contract taken out through the broker with the following insurance company:

 

Commercial name of the product: Assurlodge 2020

Reference: ALG20

Insurance company: AREAS

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This Cancellation-Interruption of stay guarantee allows, under the conditions provided for in the contract, the reimbursement of the sums retained by HaSaBe Gestion FWI for the cancellation costs, with the exception of the amount of the insurance premium.

The insurance comes into force only in the event that the stay is settled as provided for in the general conditions of sale.

Upon subscription, the insured automatically receives the contract and the invoice from the broker Gritchen Affinity.

In case of cancellation we accompany you to constitute your file.

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The General Insurance Conditions and the information notice are available by clicking on this link:

https://gap.gritchen.fr/partenaire/produits/__commun/client-ipid-cga.php?lang=fr&contrat=client_produit_garantie-87f6de20540c1ce931bf8facc06bd745-24599

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5.5.1 Nature of COVID-19 guarantees

 

By partial derogation from articles 1-4 and 23 of the general conditions of the Assurlodge contract, the Insurer guarantees the reimbursement of the cancellation costs invoiced by HaSaBe Gestion FWI in application of its General Conditions of Sale when this cancellation, notified in writing BEFORE THE DATE OF ARRIVAL at the place of stay, is consecutive to the occurrence, after the subscription of the insurance, of one of the following events:

• Death following Contamination with Covid-19 of the Insured before the stay

• Illness or Serious Illness of the Insured following Contamination with covid-19 before the stay and making it impossible for them to be present at the place of stay.

• Insured Positive for Covid-19 before the stay and making it impossible to be present at the place of stay.

• Insured who was denied boarding of the reserved means of transport following a positive temperature measurement, provided that the Insured has carried out a test within 48 hours of the denied boarding and that:

  • Either this test certifies that the Insured is Positive for Covid-19, making it impossible for them to be present at the place of stay for more than 60% of the planned duration.

  • Either this test certifies that the Insured is Negative for Covid-19 but that the delay caused by a delayed departure makes his presence at the place of stay less than 60% of the planned duration.

• Insured who is a Contact Case, provided that the Insured has carried out a test within 48 hours of being notified of the contact case and that:

  • Either this test certifies that the Insured is Positive for Covid-19, making it impossible for them to be present at the place of stay for more than 60% of the planned duration.

  • Either this test certifies that the Insured is Negative for Covid-19 but that the delay caused by a delayed departure makes his presence at the place of stay less than 60% of the planned duration.

Cover is also granted to the Insured if the reasons or circumstances listed relate to:

• any person usually living at the home of the Insured,

• person who must accompany the Insured during his stay and insured under the contract.

• a member of the insured's family who does not usually live at the domicile of the latter (ascendant or descendant) hospitalized or deceased. 

 

It is up to you to establish the reality of the situation giving rise to the right to benefits from the Insurer, also the Insurer reserves the right to refuse your request, on the advice of its doctors, if the information provided does not prove the materiality of the facts. .

 

5.5.2 Nature of other guarantees

 

The Insurer guarantees the reimbursement of the cancellation costs invoiced by HaSaBe Gestion FWI in application of its General Conditions of Sale when this cancellation, notified in writing BEFORE THE DATE OF ARRIVAL at the place of stay, is consecutive to the occurrence, after taking out insurance for one of the following events:

• Serious illness, serious bodily accident or death, including relapse, aggravation of a chronic or pre-existing illness, as well as the consequences, consequences of an accident that occurred prior to the subscription of the contract for yourself, your spouse or notorious cohabitant, your ascendants or descendants up to the 2nd degree, fathers-in-law, mothers-in-law, sisters, brothers, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, your legal guardian or a person usually living under your roof, of the person who accompanies you during your stay named and insured under this contract.

• Death of your uncle, your aunt, your nephews and nieces.

• Serious damage from fire, explosion, water damage or damage caused by the forces of nature to your professional or private premises and imperatively requiring your presence to take the necessary precautionary measures.

• Serious illness, serious bodily accident or death including relapse, aggravation of a chronic or pre-existing illness, as well as the consequences, the after-effects of an accident which occurred prior to the subscription of the contract of your professional replacement named by name at the time of the subscription, of the person responsible during your stay for the care of your minor children, or of a disabled person of whom you are the legal guardian living under the same roof as you, whether you are the legal guardian.

• Complications due to the state of pregnancy of one of the people taking part in the stay and insured under this contract.

• Contraindication and following vaccination of one of the people taking part in the stay and insured under this contract.

• Economic dismissal or conventional termination of yourself or your spouse or notorious partner insured by this same contract on the condition that the procedure has not been initiated prior to the subscription of the contract. Summons before a court, only in the following cases: Juror or witness of Assizes, Appointment as an expert, provided that you are summoned on a date coinciding with the period of travel.

• Summons with a view to adopting a child provided that you are summoned on a date coinciding with the travel period.

• Summons to a resit exam following an unknown failure at the time of booking or taking out the contract (higher education only), provided that said exam takes place during the trip.

• Convocation for an organ transplant of yourself, your spouse or common-law partner or one of your ascendants or descendants in the 1st degree.

• Serious damage from fire, explosion, water damage or damage caused by the forces of nature to your professional or private premises and imperatively requiring your presence to take the necessary precautionary measures.

• Theft on professional or private premises provided that the importance of this theft requires your presence and that the theft occurs within 48 hours prior to departure.

• Serious damage to your vehicle in the 48 working hours preceding the 1st day of the stay and insofar as it cannot be used to get to the place of stay.

• Impediment to getting to the place of stay by road, rail, plane, sea, on the day of the start of the stay due to:

  • roadblocks decreed by the State or a local authority,

  • traffic accident during the journey necessary to get to your planned holiday resort and whose damage leads to the immobilization of your vehicle, justified by the expert's report.

• Obtaining employment as an employee for a period of more than 6 months taking effect before and during the planned dates of the stay, while you were registered as a jobseeker with Pôle Emploi on the day of registration for your stay and provided that it is not a case of extension or renewal of contract, nor of an assignment provided by a temporary work company. Deductible of 25% of the amount of the claim with a minimum of 70 euros per folder.

• Your separation (marriage or PACS): In the event of divorce or separation (PACS), provided that the procedure has been brought before the courts after the booking of the trip and on presentation of an official document. Deductible of 25% of the amount of the claim with a minimum of 70 euros per file.

• Theft (supporting filing of a complaint with the police) of your identity card, driving license or passport within 5 working days prior to your departure preventing you from complying with the formalities for passing through the competent authorities. Deductible of 25% of the amount of the claim with a minimum of 70 euros per file.

• Cancellation or modification of the dates of your paid holidays or those of your spouse or notorious partner imposed by your employer for legitimate reasons or exceptional circumstances and officially granted by the latter in writing before registration for the stay, this document from the employer will be required. This guarantee does not apply to company directors, liberal professions, craftsmen and entertainers. This guarantee also does not apply in the event of a change of employment. Deductible of 25% of the amount of the claim with a minimum of 70 euros per file.

• Professional transfer requiring a move imposed by your hierarchy, not having been the subject of a request on your part and provided that the transfer was not known at the time of the subscription of the Contract. This guarantee is granted to salaried employees, excluding members of a liberal profession, managers, legal company representatives, self-employed workers, craftsmen and intermittent performers. A deductible of 25% remains your responsibility.

• Refusal of visa by the authorities of the country provided that no application has been previously refused by these authorities for this same country. Proof from the embassy will be required.

 

5.5.3 Memberships

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The Customer wishing to subscribe to the cancellation insurance contract, chooses by ticking the “Cancellation insurance” extra.

The validation of your reservation including this extra, implies that you accept and adhere to the Assurlodge General Insurance Conditions available for download at the bottom of each page of the website www.habitationsamanabeausejour.com.

 

The notice of guarantees or the General Conditions of Insurance specifying the identity and address of the Broker as well as the complaint procedures, as well as the information document on the insurance product (IPID) will also be sent as attachments with the reservation confirmation.

 

5.5.2 Membership management 

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All memberships will be systematically sent to the Broker who will automatically forward them to the insurer, specifying:

• reservation date,

• The subscribed formula,

• Surname and first name of the insured,

• Contact details

• Start and end date of the insurance

• The total amount of the benefit or property - The amount of insurance paid by the insured 

The declaration of memberships will be made instantaneously over time through an electronic transmission carried out by the reservation or management software(s) of HaSaBe Gestion FWI or a declaration in the Partner Space made available to HaSaBe Management FWI.

No membership can be validated in the absence of payment by the Member of the corresponding premium.

 

5.5.4 Cancellation insurance price conditions

 

Contributions are established solely by the Broker and cannot be modified without his prior agreement.

Only people who have joined and paid their premium can benefit from cover in the event of a claim.

 

5.5.5 Collection of premiums

 

The broker, Gritchen Affinity, gives HaSaBe Gestion FWI an express mandate to collect the insurance contributions relating to memberships entered into within the framework of their agreement.

 

5.5.6 Claims management

 

Claims management is the sole responsibility of the insurer and/or the Broker in accordance with the delegation received from the insurer.

The processing of complaints is the exclusive competence of Gritchen Affinity, which undertakes to implement a system that complies with the regulations applicable to the sector.

HaSaBe Gestion FWI undertakes to transmit to the Gritchen Affinity without delay all matters relating to claims or claims.

 

 

6. CUSTOMER COMMITMENTS AND RESPONSIBILITY

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The Customer is solely responsible for his choice of Services on the Site and their suitability for his needs, so that the responsibility of HaSaBe Gestion FWI cannot be sought in this regard.

The Customer is also solely responsible for the information provided when creating his reservation. HaSaBe Gestion FWI cannot be held responsible in the event of erroneous or fraudulent information communicated by the Client. In addition, only the Customer is responsible for any reservation made, both in his own name and on behalf of third parties, including minors, except to demonstrate fraudulent use resulting from no fault or negligence on his part. In this respect, HaSaBe Gestion FWI must be immediately notified of any misappropriation or fraudulent use of its e-mail address to customer service, the contact details of which are specified in article 9.

The Customer undertakes to use the Site and the Services offered therein in compliance with the applicable regulations and these General Conditions. In the event of the Client's failure to fulfill his obligations under these General Conditions, the latter is liable for the damage caused by him to HaSaBe Gestion FWI or to third parties. As such, the Client undertakes to indemnify HaSaBe Gestion FWI against all claims, actions or recourses of any kind that may result therefrom and to indemnify it for any damages, costs or indemnities whatsoever relating thereto.

The Customer, in particular, undertakes by making a definitive reservation for a Service, to pay the price and to comply with the Special Conditions relating thereto. In effect :

- Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the reservation of the Service at the expense of the Customer, without prejudice to any action that HaSaBe Gestion FWI could bring against of the last

- The Customer must not invite within the Establishment a person whose behavior is likely to harm the Establishment.

-The Customer cannot exceed the reception capacity established during the reservation. If the number of tenants exceeds the accommodation capacity, HaSaBe Gestion FWI may refuse the additional people. Any modification or termination of the contract will be considered at the customer's initiative.

- The Customer must not smoke in the rooms. All rooms are non-smoking. Smoking in the rooms will result in a deduction of 250€ (two hundred and fifty) from the security deposit.

- The customer undertakes to use the spa/jacuzzi as a good father and to make good use of it. He undertakes to make the spa as clean as he will have received it. Otherwise (cloudy water, sunscreen on the walls or in the filter) a cleaning fee of €150 (one hundred and fifty) will be charged.

- The Customer cannot stay with animals, unless expressly accepted by HaSaBe Gestion FWI. In the event of non-compliance with this clause by the Client, HaSaBe Gestion FWI may refuse the stay. In this case, no refund or compensation will be made if payment has already been made. In the event that no payment has yet been made, the Customer must pay the price of the Services consumed before leaving the premises.

- The Customer must not disturb the operation of the Establishment and must not compromise the security of the Establishment or of the people who are there.

- More broadly, any behavior contrary to good morals and public order within the Establishment as well as non-compliance with the Internal Regulations of the Establishment, will cause HaSaBe Gestion FWI to ask the Client to leave the premises without any compensation and/or without any reimbursement if payment has already been made. In the event that no payment has yet been made, the Customer must pay the price of the Services consumed before leaving the premises.

- Minors can only stay in an Establishment accompanied by an adult and in possession of a personal identity document. If the accompanying person is an adult other than the parents, he must have parental authorization from the child's parents. The Establishment may request these elements.

- Minors under the age of 16 cannot stay in an Establishment unless authorized by HaSaBe Gestion FWI.

- The Customer also undertakes that the computer resources made available to him by the Establishment (in particular the WiFi network) will not be used in any way for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code when this authorization is required. The Customer is also required to refrain from any act that undermines the effectiveness of these means.

An inventory is drawn up jointly and signed by the Client and HaSaBe Gestion FWI or its representative on arrival and departure. This inventory is the only reference in the event of a dispute concerning the inventory.

The Customer is responsible for all damage caused by him and/or his guests within the Establishment and bears all the costs generated by this damage and/or by non-compliance with the aforementioned rules. HaSaBe Gestion FWI reserves the right to intervene if necessary and to take any appropriate action against the Client.

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7. COMMITMENTS AND RESPONSIBILITY OF HASABE GESTION FWI

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HaSaBe Gestion FWI undertakes, within the framework of an obligation of means, to provide access to the Site and the Services offered in accordance with the General Conditions and to act with diligence and competence and to do everything possible, within a reasonable limit, in order to remedy any malfunction brought to its attention.

HaSaBe Gestion FWI may however find itself obliged to temporarily suspend the Site without notice, in particular for technical maintenance reasons, without this entailing its liability.

The Client acknowledges and accepts that HaSaBe Gestion FWI cannot be held liable for any inconvenience or damage related to the use of the Internet network, including, without this list being exhaustive:

- the incorrect transmission and/or reception of any data and/or information on the Internet;

- failure of any receiving equipment or communication lines;

- any malfunction of the Internet network preventing the proper functioning of the Site and/or the reservation of the Services.

The Site may refer to hypertext links to other websites edited and managed by third parties for which HaSaBe Gestion FWI disclaims all responsibility for the content of these websites and the services offered there. In this respect, it is specified that the partners are responsible for the promotion of the offers disseminated on their own websites. The decision to consult third-party websites is therefore the full and entire responsibility of the Customer.

The Customer acknowledges and accepts that in the event of a dispute and/or complaint relating to a stay at L'Habitation Caféière Samana Beauséjour or the reservation of a HaSaBe Gestion FWI Service, the latter undertakes to contact exclusively to HaSaBe Gestion FWI, the operating company of the Habitation Caféière Samana Beauséjour establishment.

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8. FORCE MAJEURE AND REMOVAL

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Neither party can be held liable to the other party in the event of non-performance of its obligations resulting from a case of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the cost of the resulting costs. The cases usually recognized by the case law of the Court of Cassation are considered as cases of force majeure. If the case of force majeure were to last more than thirty (30) days from its occurrence, these General Conditions may be terminated by any of the parties without any of them being able to claim award of damages.

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9. CONTACT, CUSTOMER SERVICE AND COMPLAINTS

 

- To make a reservation for a Service available on the Site, the Customer can contact from Monday to Sunday, from 8:00 a.m. to 7:00 p.m. (Guadeloupe time), our reservation service at +590 690 09 90 23 (price of a call local).

- For all questions related to the proper performance of a Service reserved on the Site (requests for additional information, modification or cancellation of a reservation), the Customer is invited to contact the Habitation Caféière Samana Beauséjour directly: the contact details are indicated (i) in the e-mail and the booking confirmation page and (ii) on the contact page of the Site.

- For any remarks and/or for any complaints relating to a reservation of a Service on the Site (complaint, non-performance or poor performance of the Service), customer service is at your disposal:

By telephone, Monday to Friday, from 8 a.m. to 7 p.m. (Guadeloupe time), at +590 690 09 90 23;

On the internet, via the contact section where a contact form is available;

By post, to the following address: HaSaBe Gestion FWI, chemin de Thomy, Gros Morne, 97116 Pointe-Noire - Guadeloupe 

To facilitate the processing of complaints, it is advisable to address complaints to customer service relating to the non-performance or poor performance of the Services in writing within eight (8) days after the date of performance of the Service.

In its relations with customer service, the Customer undertakes to remain courteous and not to make derogatory remarks vis-à-vis in particular HaSaBe Gestion FWI or its employees or collaborators, in compliance with the rules of common sense and of politeness. HaSaBe Gestion FWI reserves the right to take any appropriate action against the Client in the event of prejudicial or reprehensible behavior (in particular annoying, malicious or insulting) with regard in particular to HaSaBe Gestion FWI or its employees or collaborators. .

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10. PERSONAL DATA

 

When the Customer uses the Site, in particular when making a reservation, HaSaBe Gestion FWI implements the processing of personal data under the conditions described in the " Legal Notice ” accessible in the “Personal data” section present in the lower banner of the Site or by clicking on the following link: “ Legal Notice »

The Customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers and information by the presence of an asterisk.

Failure to provide information identified as mandatory, HaSaBe Gestion FWI may not be able to register a reservation and manage the latter's complaints.

Thus, the information collected as part of the Customer's reservation is intended for HaSaBe Gestion FWI, its service providers (in particular online payment providers) for the purposes of executing the reservation or taking pre-contractual measures. Once the guarantees provided for by the applicable regulations have been put in place, the Customer's data may be transferred from Europe to countries that do not ensure, from the point of view of the European Union, an equivalent level of Data protection.

In order to secure payment transactions, HaSaBe Gestion FWI implements in particular a processing of personal data intended to determine the level of risk of fraud associated with each transaction. On this occasion, HaSaBe Gestion FWI may use the services provided by its risk prevention provider to refine their analysis. Depending on the results of the analyzes carried out, HaSaBe Gestion FWI may take security measures, in particular ask the Customer to use another booking channel or another method of payment. These measures will have the effect of suspending the execution of the reservation or, if the result of the analysis does not guarantee the security of the order, of canceling it. The fraudulent use of a means of payment generating a payment default may result in the Customer being registered in the incident file of the online payment provider, which may lead HaSaBe Gestion FWI to block future payments or to carry out additional checks.

The Customer may at any time exercise the rights available to him under the regulations on the protection of personal data. All useful information for this purpose is indicated in the " legal notices”.

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11. MISCELLANEOUS

 

The entry of the required banking information as well as the acceptance of these General Conditions and the Special Conditions by electronic means constitutes an electronic contract between the parties which is worth proof between the parties of the reservation of the Service and the exigibility of the sums due in execution. of said reservation.

The applicable General Conditions and Special Conditions express the entirety of the obligations of the parties. No other condition communicated by the Customer may be included.

In case of contradiction between the Special Conditions and the General Conditions, the Special Conditions will be the only ones applicable for the obligation in question. In case of contradiction between on the one hand, the general conditions, of any nature whatsoever, of a partner and on the other hand, these General Conditions, the stipulations of these will be the only ones applicable for the obligation in question. .

If one or more stipulations of the General Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a decision passed into force of res judicata by a competent jurisdiction, the other stipulations will retain all their force and scope.

The authentic language is French. If the General Conditions were to be translated into a foreign language, the French language will prevail over any other translation in the event of a dispute, dispute, difficulty in interpreting or executing these conditions and more generally concerning the existing relationship between the parties.

The Client acknowledges and accepts that HaSaBe Gestion FWI may assign these General Conditions as well as all the rights and obligations attached thereto, to any third party, without the Client's prior written consent. The Client accepts that such an assignment releases HaSaBe Gestion FWI for the future. The Client may not assign the General Conditions, nor the rights and obligations attached thereto to third parties without the prior written consent of HaSaBe Gestion FWI.

In accordance with article L.223-1 of the Consumer Code, the consumer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on a list of opposition to cold calling. This list is accessible via the following site:  www.bloctel.gouv.fr.

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12. APPLICABLE LAW AND DISPUTE RESOLUTION

 

The General Conditions are governed by French law, without obstructing any mandatory protective provisions that may be applicable in the consumer's country of residence.

The Client is informed by HaSaBe Gestion FWI of the possibility of having recourse, in the event of a dispute relating to these General Conditions, to a conventional mediation procedure or to any other alternative method of dispute resolution, under the conditions provided for in Title I of the Book VI of the Consumer Code.

All disputes and disagreements, arising between persons having contracted and relating to the validity, interpretation or execution of this contract, will fall within the jurisdiction of the Court of Basse-Terre.