Your customers will be able to view your terms and conditions when finalising their booking and will need to confirm that they have read them before booking; they can also find them at any time in the voucher attached to their confirmation email.
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To begin, go to the ‘My Business’ menu on the left-hand side of your screen, then click on ‘My Property’.
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Click on the Terms and Conditions tab. If you already have terms and conditions, enter them directly into the text editor.
You can also copy our template below by clicking on ‘Access the template’.
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This template is provided as an example. It serves as a basis to be adapted to the specific nature of your business; we therefore strongly recommend that you customise it to suit your needs. Elloha cannot be held liable under any circumstances.
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1. Purpose

These general terms and conditions set out the rights and obligations of the parties in relation to the online booking of services offered by our establishment, the contact details of which are specified in this booking confirmation document. They govern all the necessary stages of the booking process and the management of the booking between the contracting parties. The customer acknowledges that they have read and accepted these general terms and conditions of sale and the terms and conditions of the booked rate, which are available on our booking platform. These general terms and conditions of sale apply to all bookings made online via our booking platform.
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2. Booking

The customer selects the services presented on our booking platform. They acknowledge that they have familiarised themselves with the nature, destination and booking procedures for the services available on our booking platform, and that they have sought and obtained the necessary and/or additional information to make their booking in full knowledge of the facts. The customer is solely responsible for their choice of services and for ensuring they meet their needs; consequently, we cannot be held liable in this regard. The booking is deemed to have been accepted by the customer upon completion of the booking process.
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3. Booking process

Bookings made by the customer are carried out via the electronic booking form accessible online on our booking platform. The booking is deemed to have been made upon receipt of the booking form. The customer undertakes, prior to making any booking, to complete the information requested on the form or booking request. The customer certifies that the information provided is true and accurate. Once the services to be booked have been finalised, the booking procedure includes, in particular, entering credit card details where a guarantee or prepayment is required, reviewing and accepting the general terms and conditions of sale and the terms and conditions for the booked rate prior to confirming the booking, and, finally, confirmation of the booking by the customer.
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4. Confirmation of booking

Our booking platform acknowledges receipt of the customer’s booking by sending an email without delay. In the case of an online booking, the email confirming receipt of the booking summarises the contract offer, the services booked, the prices, the terms and conditions of sale relating to the selected rate (as accepted by the customer), the date of the booking, information regarding after-sales service, and the address of the seller’s premises to which the customer may submit any complaints.
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5. Cancellation or amendment by the customer

Customers are reminded, in accordance with Article L. 221-28(12) of the Consumer Code, that they do not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code. The terms and conditions of sale for the booked rate specify the procedures for cancelling and/or amending the booking. Bookings made with prepayment cannot be amended and/or cancelled. Any sums paid in advance, such as deposits, will not be refunded.

In such cases, this is stated in the terms and conditions for that rate. Where the terms and conditions for the booked rate permit it, the booking may be cancelled directly with the establishment, whose telephone details are provided on the booking confirmation sent by email. All bookings are made in a specific person’s name and may under no circumstances be transferred to a third party, whether free of charge or for a fee.
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6. Use of the service

In accordance with the regulations in force in certain countries, the customer may be asked, on arrival, to complete a police registration form. To do so, the customer will be asked to present proof of identity so that staff can verify whether or not they are required to complete the police registration form. Any behaviour contrary to public decency and public order will result in the establishment asking the guest to leave the premises without any compensation and/or without any refund if payment has already been made. For establishments with House Rules, the guest agrees to and undertakes to comply with those rules. In the event of the customer’s failure to comply with any provision of the House Rules, the establishment shall be obliged to ask the customer to leave the premises without any compensation and/or without any refund if payment has already been made.
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7. Liability

The establishment shall not be held liable for the non-fulfilment or improper fulfilment of the booking in the event of force majeure, acts of third parties, or acts of the customer, including, but not limited to, the unavailability of the internet, inability to access the website, external intrusion, computer viruses or in the event of unauthorised prepayment by the cardholder’s bank. Any booking or payment that is irregular, invalid, incomplete or fraudulent for a reason attributable to the customer shall result in the cancellation of the order at the customer’s expense, without prejudice to any civil or criminal proceedings against the customer.
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8. Complaints

Complaints relating to the non-performance or improper performance of the services booked must, on pain of forfeiture, be brought to our attention in writing within fourteen days of the date of departure from the establishment.
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9. Prices

The prices relating to the booking of services are indicated before and at the time of booking. Prices are confirmed to the customer as amounts inclusive of VAT, in the establishment’s trading currency, and are valid only for the duration specified on the booking platform. If payment at the establishment is made in a currency other than that confirmed on the booking, any currency conversion charges shall be borne by the customer. All bookings, regardless of their origin, are payable in the establishment’s local currency, unless otherwise specified on site. Unless otherwise stated on the booking platform, additional services are not included in the price. Any taxes (local taxes, tourist taxes, etc.), where applicable, as shown on the rates page, are to be paid directly to the establishment on arrival. Prices include the VAT rate applicable on the date of booking, and any change in the applicable VAT rate will be automatically reflected in the prices quoted on the date of invoicing.Any changes to, or the introduction of, new statutory or regulatory taxes imposed by the relevant authorities will be automatically reflected in the prices shown on the date of invoicing.
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10. Payment

The customer must provide their bank details as a guarantee of the booking, unless special conditions or rates apply, by credit card or store card (Visa, Mastercard, American Express, Diners Club… Depending on the options available via the establishment’s booking platform), by entering directly into the field provided for this purpose (secure input via SSL encryption), the card number, without spaces between the digits, as well as its expiry date (it is specified that the credit card used must be valid at the time the service is used) and the security code. The customer must present themselves at the establishment with the credit card used to guarantee the booking. The payment will be debited at the establishment during the stay, except in the case of special terms and conditions or rates where a partial or full payment is debited at the time of booking. This prepayment is referred to as a deposit. In the event of a no-show (a booking that has not been cancelled – the guest does not turn up) for a booking guaranteed by credit card, the establishment will charge the guest, as a fixed compensation fee, the amount specified in its general terms and conditions and specific terms and conditions of sale. The establishment has chosen elloha.com/stripe.com to secure online credit card payments. The validity of the customer’s credit card is verified by stripe.com. A payment card may be declined for several reasons: stolen card, blocked card, spending limit reached, data entry error, etc. In the event of a problem, the customer must contact both their bank and the establishment to confirm their booking and payment method. In the case of a rate requiring online prepayment, the amount paid in advance – the deposit – is debited at the time of booking. Some establishments may issue invoices or bills electronically; the original file is certified and available online at the web address provided by the establishment.
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11. Privacy

On each form used to collect personal data, the customer is informed whether responses are mandatory or optional by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners and its service providers (and in particular to online payment service providers). The customer authorises elloha.com to disclose their personal data to third parties, provided that such disclosure is consistent with the performance of the obligations incumbent on elloha.com under these general terms and conditions and in accordance with the Customer Data Protection Policy. In particular, when making an online payment, the customer’s bank details must be transmitted by the payment service provider, stripe.com, to the establishment’s bank, for the purposes of fulfilling the booking contract. The customer is informed that this data transfer may therefore take place in foreign countries which do not provide adequate protection of personal data within the meaning of the French Data Protection Act. However, the customer consents to this transfer, which is necessary for the fulfilment of their booking. Constellation SAS and Stripe.com, in their capacity as professional service providers, have undertaken to the establishment to take all necessary security measures and ensure data confidentiality in relation to such data transfers.
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12. Agreement on Evidence

The entry of the required banking details, together with acceptance of these general terms and conditions and of the booking voucher or booking request, constitutes an electronic signature which, between the parties, has the same legal validity as a handwritten signature. The computerised records stored in the IT systems of elloha.com will be maintained under reasonable security conditions and shall be regarded as evidence of communications, orders and payments made between the parties. The customer is informed that their IP address is recorded at the time of booking.
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13. Force majeure

Force majeure refers to any event beyond the control of the parties which is both unforeseeable and insurmountable and which prevents either the customer or the establishment from fulfilling all or part of the obligations set out in the contract. Cases of force majeure or unforeseeable events are those usually recognised by the case law of the French courts and tribunals. Neither party shall be held liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure shall suspend, for the parties, the performance of their reciprocal obligations and that each party shall bear the costs arising therefrom.
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14. Settlement of disputes

These General Terms and Conditions of Sale are governed by the law of the country of establishment, without prejudice to any mandatory protective provisions that may be applicable in the consumers’ country of residence.
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15. Entire Agreement

These General Terms and Conditions of Sale, the terms and conditions of sale for the rate booked by the customer, and the booking voucher or booking request set out the parties’ obligations in full. No general or specific terms and conditions provided by the customer shall form part of these General Terms and Conditions of Sale. The documents constituting the contractual commitments between the parties are, in descending order of priority, the booking voucher or booking request (including the specific terms and conditions of the booked rate) and these General Terms and Conditions of Sale. In the event of any conflict between the booking voucher and these general terms and conditions, the provisions set out in the booking voucher shall be the only ones applicable to the obligation in question. These general terms and conditions of online sale may be amended and/or supplemented by the establishment at any time. In such cases, the new version of the general terms and conditions of online sales will be published online by the establishment. As soon as it is published online, the new version of the general terms and conditions of online sales will automatically apply to future customers.
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