General Terms and Conditions

1. ABOUT US

The La Mansarde du Port website is operated by:

Marion Caillault – La Mansarde du Port

Sole proprietorship

20 rue Emmanuel Philibert

06300 Nice – France

SIRET: 490 783 875 00050

Email: bonjour@lamansardeduport.com

Hereinafter referred to as “La Mansarde du Port”.

2. PURPOSE AND SCOPE

These General Terms and Conditions of Sale (“Terms and Conditions”) govern bookings made directly with La Mansarde du Port, in particular through its website and online booking engine.

They define the rights and obligations of the parties in relation to the booking, payment and provision of accommodation services offered by La Mansarde du Port.

By making a booking, the guest acknowledges having read and accepted these Terms and Conditions before confirming the booking.

Rules relating to the use of the premises, common areas, quiet hours and safety are set out in the House Rules made available to the guest and applicable throughout the stay.

3. BOOKING

The guest selects the services offered according to their needs and is responsible for their choice. Before making a booking, the guest must check the essential characteristics of the accommodation, the dates of the stay, the number of guests, the price and the applicable conditions.

The information and photographs provided on the website enable the guest to familiarise themselves with the main characteristics of the accommodation offered.

The guest guarantees the accuracy of the information provided when making the booking and undertakes to report any error or change that may affect it.

Guest identity

All persons staying at La Mansarde du Port must be adults.

As a general rule, the booking must be made by the person who will be staying in the accommodation.

When a booking is made on behalf of another person, La Mansarde du Port must be informed at the time of booking or, at the latest, before arrival. The guest’s identity and contact details must be provided so that La Mansarde du Port can communicate directly with them before and during the stay. A valid identity document may also be requested from the guest.

The person making a booking on behalf of a third party must ensure that the guest has read these Terms and Conditions and the House Rules applicable to the stay.

Refusal to provide the guest’s identity or contact details, or to provide an identity document when requested, may prevent the booking from being fulfilled.

4. BOOKING PROCESS AND ROOM ALLOCATION

The guest selects the dates, number of guests and desired accommodation using the booking engine. Before final confirmation, a summary allows the guest to check the essential details of the booking and its price.

The booking becomes final once the booking process has been completed and these Terms and Conditions have been accepted, subject to validation of the payment method or any guarantee that may be required.

Room allocation

The rooms at La Mansarde du Port are marketed under a single room category. Lou Nidou is a separate accommodation, with its own private kitchen, living room and bathroom, and is not subject to the provisions below concerning room reassignment.

The allocation of a specific room is a matter of La Mansarde du Port’s internal organisation and may be changed before the guest’s arrival in order to optimise availability management.

The name of a room that may have been selected or displayed during the booking process, or shown on the booking confirmation, does not constitute a guarantee that this specific room will ultimately be allocated.

Any reassignment will be made within the same room category, without any change to the price or other conditions of the booking.

5. BOOKING CONFIRMATION

Once the booking has been completed, the guest receives an email confirmation summarising, in particular, the dates of the stay, the number of guests, the price and the services booked.

The guest is responsible for checking the information shown on this confirmation and reporting any error as soon as possible.

Practical information required for the stay, including access instructions, is provided separately before arrival.

6. CANCELLATION OR MODIFICATION BY THE GUEST

In accordance with Article L.221-28 of the French Consumer Code, the fourteen-day right of withdrawal applicable to certain distance contracts does not apply to accommodation services provided on a specific date or during a specific period.

The applicable cancellation and modification conditions are those corresponding to the selected rate and communicated to the guest before confirmation of the booking.

Any request for modification is subject to availability and to the agreement of La Mansarde du Port. A change to the dates, duration of the stay or number of guests may result in a change in price.

In the event of a no-show or early departure, the amounts due will be determined in accordance with the conditions of the rate booked.

7. ARRIVAL AND DEPARTURE

Accommodation is available from 5:00 p.m. on the day of arrival and must be vacated no later than 10:00 a.m. on the day of departure.

The guest must read and comply with the access instructions provided before arrival.

Early arrival or late departure is only possible with the prior agreement of La Mansarde du Port, subject to operational availability, and may incur an additional charge.

Luggage storage or access to the common areas before the scheduled check-in time is not permitted.

8. PETS

Pets are not permitted in the accommodation, subject to applicable legal provisions concerning guide dogs and assistance dogs.

9. FORCE MAJEURE

La Mansarde du Port shall not be held liable for any failure or delay in performing its obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code.

In the event of a temporary impediment, performance of the obligations concerned shall be suspended for the duration of the event where justified.

In the event of a permanent impediment making performance of the service impossible, the booking may be cancelled in accordance with applicable law.

10. RESPECT FOR THE PREMISES, CONDUCT AND CANCELLATION BEFORE ARRIVAL

The guest undertakes to respect the premises, other occupants, the neighbourhood and the House Rules applicable to the accommodation.

In particular, the guest must comply with the rules relating to quiet hours, use of common areas, visitors and safety.

Before arrival

La Mansarde du Port may cancel a booking before the guest’s arrival in the event of a serious breach of the booking conditions that makes the stay impossible or manifestly incompatible with the agreed conditions, including where essential information provided is manifestly inaccurate, in the event of fraud, where the number of guests is incompatible with the booking, or where the guest indicates an intention not to comply with an essential rule applicable to the stay.

The booking may also be cancelled in the event of aggressive, threatening or abusive behaviour in communications prior to arrival, where such behaviour means that the guest can no longer reasonably be accommodated under normal conditions.

During the stay

Any serious or repeated breach of the House Rules, serious or repeated disturbance, aggressive or threatening behaviour, or behaviour endangering persons or property may result in termination of the stay, after a request to cease such behaviour where circumstances permit.

The guest remains liable for any damage they cause in accordance with applicable law.

In the event of cancellation before arrival or termination of the stay for any of the reasons set out in this article, the financial consequences will be determined according to the circumstances and the breach concerned, in accordance with the booking conditions and applicable law.

11. LIABILITY

La Mansarde du Port is responsible for the proper performance of the services it has undertaken to provide, in accordance with applicable law.

The guest is responsible for their personal belongings and must ensure that their room and the accommodation access points are properly secured.

The photographs and descriptions on the website are intended to represent the accommodation as accurately as possible. Minor differences in decoration, furniture or layout may occur without affecting the essential characteristics of the accommodation booked.

12. RATES

The applicable prices are those displayed at the time of booking and confirmed to the guest before the booking is finalised.

Prices are stated in euros. The total price of the booking, together with any applicable fees, supplements and taxes, is communicated to the guest before final confirmation of the booking.

Room rates are based on single occupancy. Occupancy of a room by a second guest is subject to an additional charge, the amount of which is communicated to the guest before confirmation of the booking.

Tourist tax, where applicable, is charged at the rate in force on the date of the stay.

Any additional service requested by the guest and accepted by La Mansarde du Port may be subject to an additional charge, the amount of which will be communicated to the guest before acceptance.

13. PAYMENT AND GUARANTEE

Unless specific conditions provide for a different due date, payment of the amounts due for the stay is required on the day of arrival.

Practical payment arrangements are communicated to the guest with their booking confirmation.

If payment is not made on that date, the guest has a maximum period of two days following arrival to rectify the situation after being requested to do so by La Mansarde du Port.

If payment is not made within this period, La Mansarde du Port may charge the outstanding amount to the payment method provided as a guarantee. A fixed compensation equal to 30% of the outstanding amount, capped at €200, may also be charged.

Electronic payments, when used, are processed via Worldline GoPay, a secure online payment solution. Bank card details are processed and secured by Worldline and are not directly accessible by La Mansarde du Port.

Depending on the booking conditions, a valid bank card may be required as a guarantee for the booking and the stay.

If any amounts remain due in connection with the booking or stay, including for an additional service or supplement, damage, breakage, theft or missing property, La Mansarde du Port may charge such amounts to the payment method provided by the guest.

In the event of damage, breakage, theft or missing property, the amount charged will correspond to the reasonably justified cost of repair or replacement.

Any fees or penalties expressly provided for in these Terms and Conditions or in the booking conditions may also be charged where they result from a breach by the guest, within the limits permitted by applicable law.

Depending on the guest’s bank, 3D Secure authentication may be required.

If the required bank card guarantee fails, the guest may be asked to rectify the situation within the specified period. If the guest fails to do so within that period, the booking may be cancelled.

14. EVIDENCE

Data recorded in the computer systems of La Mansarde du Port and its service providers, under reasonably secure conditions, may be used as evidence of bookings, communications and transactions between the parties, in accordance with applicable law.

15. COMPLAINTS AND DISPUTES

After contacting La Mansarde du Port and in the absence of an amicable resolution of the dispute, the guest may bring proceedings before any court having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where the guest resided at the time the contract was concluded or the harmful event occurred.

These Terms and Conditions are governed by French law, without prejudice to any mandatory consumer protection provisions that may apply in the guest’s country of residence.

16. ENTIRE AGREEMENT AND AMENDMENTS TO THE TERMS AND CONDITIONS

These Terms and Conditions, together with any specific conditions brought to the guest’s attention at the time of booking, constitute the contractual agreement applicable to the booking.

In the event of any inconsistency, the specific conditions expressly agreed at the time of booking shall prevail over these Terms and Conditions.

La Mansarde du Port may amend these Terms and Conditions at any time. The version applicable to a booking is the version accepted by the guest at the time the booking is concluded.

Any subsequent amendment to these Terms and Conditions shall have no effect on bookings already concluded, unless otherwise agreed by the parties or required by law.

If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain in force.