Terms of Sale – Hosting Agreement
Preamble
This Agreement is entered into between:
PIERRES d’HISTOIRE, a simplified joint-stock company (Société par actions simplifiées), with share capital of €2 068 060,96, whose registered office is located at 20 Rue des Petits Champs, 75002 Paris, registered under number 523 838 811 with the Paris Trade and Companies Register (RCS Paris), hereinafter referred to as PIERRES d’HISTOIRE,
and
the Client.
1. Purpose of the Agreement
This Agreement confirms the services and corresponding financial terms that the Client has accepted by making a reservation.
The purpose of this Agreement is to:
- define the contractual relationship between PIERRES d’HISTOIRE and the Client;
- determine the conditions under which PIERRES d’HISTOIRE undertakes to provide the Accommodation Service in the House chosen by the Client;
- define the obligations of each party.
This relationship falls under the legal regime applicable to seasonal furnished rentals as defined by Law 70-9 of 2 January 1970 and DOES NOT IN ANY WAY FALL WITHIN THE SCOPE OF THE PROVISION OF HOTEL SERVICES.
This Agreement applies solely to the Accommodation Service, it being understood that PIERRES d’HISTOIRE also provides services relating to wedding receptions, seminars and events. These latter services do not fall within the scope of this Agreement, each such service being governed by a specific agreement.
2. Number of persons, duration
The Client declares that the number of persons accommodated does not exceed the maximum capacity of the property booked.
The Client declares that the duration of the reservation corresponds to the period indicated when making the booking.
3. “À la carte” services provided by independent external service providers
The Client may choose from various services provided by external service providers independent from PIERRES d’HISTOIRE, such as catering, well-being, sports, culture, tourism, and other services.
4. Price of the Agreement
An indicative minimum price relating to the Accommodation Services for each House is shown on the website and expressed per night per House.
The total amount due by the Client for the Accommodation Services at the time of booking is calculated automatically and corresponds to: (i) the applicable rate in force on the date of booking for a night during the period corresponding to the date of the requested Accommodation Service, multiplied by (ii) the duration of the stay expressed in number of nights.
This amount appears in the booking confirmation email, includes tourist taxes, is expressed inclusive of all taxes and is payable in Euros.
The prices calculated on the website are valid only for the specific house, duration and period indicated. Prices and conditions may be changed without prior notice depending on market conditions and operational constraints. Unless otherwise stated, “à la carte” services are not included in the price.
Accommodation rates are expressed as all-inclusive packages (TTC), per night package per room or per person.
5. Reservation and financial terms
5.1 Booking process
Booking an Accommodation Service requires the Client to enter on the website a valid credit card number together with the CVV code and is carried out according to the following process:
The Client:
- searches for and selects one of the Houses offered by PIERRES d’HISTOIRE;
- indicates the arrival and departure dates;
- indicates the number of occupants within the maximum capacity of the House as stated on the website;
- enters their banking details;
- reads and accepts this Agreement before confirming the booking;
- confirms the booking.
The booking platform:
- automatically calculates the price of the stay.
PIERRES d’HISTOIRE:
- confirms the booking to the Client by email.
The Client undertakes to complete all information requested at the time of booking and certifies the truthfulness and accuracy of the information provided.
The reservation is deemed accepted by PIERRES d’HISTOIRE upon sending of the booking confirmation email summarising the number of nights, the number of persons, the scheduled arrival and departure dates and times, and the price payable. An invoice may be issued to the Client upon request.
The arrival date indicated on the booking confirmation corresponds to the date indicated by the Client and is the start date of the Accommodation Service.
Upon booking confirmation, PIERRES d’HISTOIRE sends an email stating, among other information, the contact details of the House Manager assigned to the House.
The Client has a withdrawal period of 24 hours from the time PIERRES d’HISTOIRE sends the booking confirmation, during which they may cancel the reservation free of charge.
The Client has a period of 48 hours from the booking confirmation to report any error relating to its terms and conditions (except in the case of bookings made less than 48 hours before arrival).
In the absence of any challenge within this period, the reservation is deemed accepted by the Client.
5.2 Financial terms
By entering their credit card information, the Client expressly authorises PIERRES d’HISTOIRE and/or its online payment platform to debit their account for the amount due in respect of the Accommodation Services as stated on the Booking Form, in accordance with the following schedule:
- For standard and flexible rates: an amount equal to 100% of the total cost of the stay is debited 7 days before the scheduled arrival date.
- For the standard weekly rate of the chalet l’Harmonie in Serre-Chevalier: an amount equal to 30% of the total cost of the stay is debited at the time of booking, and the balance is debited 15 days before the scheduled arrival date.
6. Cancellation terms
6.1 Standard rate
If the Client cancels their booking, PIERRES d’HISTOIRE retains cancellation fees calculated as follows for the standard rate.
| Notification date | Cancellation fees |
|---|
| More than 30 days before the arrival date | None |
| Between 29 and 15 days before the arrival date | 30% of the total cost of the stay |
| Between 14 and 1 day before the arrival date | 100% of the total cost of the stay |
6.2 Flexible rate
Cancellation fees for the flexible rate are applied as follows.
| Notification date | Cancellation fees |
|---|
| More than 7 days before the arrival date | None |
| Between 7 and 1 day before the arrival date | 50% of the total cost of the stay |
6.3 Standard weekly rate for Chalet l’Harmonie in Serre-Chevalier
Cancellation fees for the standard weekly rate applicable to Chalet l’Harmonie in Serre-Chevalier are applied as follows.
| Notification date | Cancellation fees |
|---|
| More than 60 days before the arrival date | 30% of the total cost of the stay |
| Between 60 and 30 days before the arrival date | 50% of the total cost of the stay |
| Less than 30 days before the arrival date | 100% of the total cost of the stay |
7. Changes to the reservation
Any change to the Accommodation Service, in particular regarding the duration of the stay, dates or choice of House, can only be processed by contacting the PIERRES d’HISTOIRE customer service team, which will make every effort to accommodate the requested change.
8. Activities of PIERRES d’HISTOIRE
PIERRES d’HISTOIRE operates a number of historic houses in France (hereinafter the “Houses”) and provides various services, in particular Accommodation Services, rental of spaces for seminars, receptions, events, weddings and photo or film shoots within said Houses.
Certain locations, due to their status as historic monuments, their architectural or environmental characteristics, or their location, including the proximity of a body of water, may present specific risks. A practical guide including, among other things, safety instructions is available in hard copy in each House and can be sent in PDF format upon simple request prior to the start of the services.
The photographs shown on the website are not contractually binding. While every effort is made to ensure that the photographs, graphic representations and texts used to illustrate the properties presented provide an image as accurate as possible of the premises and service level, variations may occur between the date the website is consulted and the date the service is actually used.
9. Type and scope of services
9.1 Services systematically provided by PIERRES d’HISTOIRE
For each House, PIERRES d’HISTOIRE has selected a local representative (hereinafter the “House Manager”), whose mission is in particular to ensure the proper upkeep and functioning of the house, handle the welcome of guests, and provide certain “à la carte” services.
The services systematically provided by PIERRES d’HISTOIRE include making the house and the various “included” equipment and services described on the website available for the number of participants specified by the Client at the time of booking, including in particular:
- a welcome by the House Manager, by appointment, or instructions from them on where to find the keys to the house in case of late arrival or absence of an appointment;
- making available the equipped rooms of the house, such as bedrooms, lounges, bathrooms, meeting rooms and kitchen;
- a list of equipment mentioned on the website or set out in an inventory.
9.2 “À la carte” services provided by independent external service providers
To offer its Clients a comprehensive service, PIERRES d’HISTOIRE allows independent external service providers to offer and sell their products and services to its Clients.
These service providers may offer various services, such as:
- catering;
- well-being services: massage, relaxation, etc.;
- sports and cultural activities;
- tourism;
- other services.
Under their sole responsibility, the Client may use these external service providers, whom they select directly, along with the services they provide. The Client liaises directly with these providers regarding the nature of the chosen service, its content, its cost and applicable terms. The Client pays them directly, without the intervention of PIERRES d’HISTOIRE.
10. Arrival
Once this Agreement has been signed by the Client, PIERRES d’HISTOIRE sends the contact details of the House Manager:
- 30 days before the scheduled arrival date if the booking is made more than 30 days in advance, or
- on the booking date if the period prior to the scheduled arrival date is less than 30 days.
The arrival date shown in the Agreement signed by the Client corresponds to the date indicated by the Client at the time of booking and is the start date of the Event Service, excluding Weddings.
The Client is welcomed by the House Manager, whose role is to present the facilities made available, explain how they work, present the House’s practical guide (which the Client undertakes to read) and hand over the keys giving access to the House.
The Client is given a set of keys providing access to the House. The Client is responsible for returning them to the House Manager or placing them in the secure key box provided for this purpose on the departure date.
The Client has a period of 24 hours after arrival to report to the House Manager the presence of any damaged item or any malfunction or defect.
Failing this, in the event of a later dispute regarding damage, malfunctions or deterioration affecting the House, its furniture or equipment, these will be deemed to have been made available in perfect condition on the arrival date, and the Client may not contest any deduction made by PIERRES d’HISTOIRE from the security deposit by way of compensation.
11. Departure
On the departure day, the services end at the time agreed in the signed quotation, failing which at 10:00 a.m., at which time the Client and participants must leave the House, except on Sundays when departure at 5:00 p.m. is permitted.
In the event of departure after this time, unless expressly agreed by the House Manager, the price of a “late check-out” corresponding to one full day of services is deducted from the security deposit, unless agreed otherwise in advance.
The Client/participants undertake to return the keys to the House either directly to the House Manager, or by placing them in the secure key box with access code located outside the House, if no departure appointment has been scheduled with the House Manager.
If the keys are not returned in the manner described above, a flat-rate sum of €100 is deducted from the security deposit as compensation for failure to return the keys.
If the Client or participants unlawfully remain on the premises beyond the scheduled departure date and time, an indemnity equal to the full price of the next Client’s Agreement is charged in addition to any further compensation due to that Client.
12. Client’s obligations
The Client undertakes to provide all information requested at the time of booking and certifies the truthfulness and accuracy of the information provided.
The Client’s signature of this Agreement implies full and unconditional acceptance of its terms.
The Client acknowledges that they have had the opportunity to visit the premises and facilities prior to signing this Agreement and agrees to take them on lease in the condition in which they are found at the start of the rental.
The Client agrees to use the leased premises in accordance with the terms of this Agreement, in their own name and/or in the name and on behalf of any final beneficiary of the services, for whom they expressly acknowledge acting as agent.
This Agreement is therefore binding on the Client and any final beneficiary of the Service.
The Client must have a valid and active email address and must ensure that they can receive emails properly.
Any booking or payment that is irregular, invalid, incomplete or fraudulent for reasons attributable to the Client or their bank will result in the cancellation of the reservation at the Client’s expense, without prejudice to any civil or criminal actions that may be brought against them.
Except in the event of fraud (for which they must provide evidence), the Client is financially responsible for their actions on the website, particularly the use of their username and password. The Client also guarantees the truthfulness and accuracy of the information they enter on the website.
Fraudulent use of the website or use contrary to this Agreement will entitle PIERRES d’HISTOIRE to deny the Client access to the services at any time.
If the Client provides incorrect contact details at any stage of the booking process, PIERRES d’HISTOIRE cannot be held liable, and any oversight or negligence by the Client in this respect cannot be attributed to PIERRES d’HISTOIRE.
Acceptance of the terms of this Agreement constitutes the Client’s express and irrevocable acceptance of the use of electronic communication as one of the means of communication and conclusion of the agreement binding the Client and PIERRES d’HISTOIRE. The Client is solely responsible for regularly checking their email inbox.
The Client and all occupants undertake in particular to:
- use the House’s equipment and facilities made available to them in a responsible manner and under their sole and entire responsibility;
- make no alterations to the layout or arrangement of the House, or to its furniture or equipment;
- keep escape routes clear;
- not exceed the maximum permitted number of occupants in the House, unless otherwise agreed in advance;
- ensure the peaceful enjoyment of shared areas and facilities;
- accept in advance any intervention by providers designated by PIERRES d’HISTOIRE that is necessary for the proper functioning of the House;
- comply with all safety instructions described in the House’s practical guide;
- not allow minors to use the swimming pool without the supervision of at least one adult;
- take all necessary precautions and raise awareness among occupants, guests and children regarding the risks associated with certain sites;
- implement, where appropriate, a child supervision system;
- ensure appropriate behaviour by occupants and guests (conduct, behaviour, movement, etc.).
The Client further undertakes, for themselves and their guests, to:
- not use confetti, rice or similar items;
- not move furniture or tableware from one house to another;
- not move equipment outside the areas in which it is installed, unless previously authorised;
- not interfere with installations (electricity, gas, water, fire extinguishers);
- not install decorations or any objects on walls or windows, even with adhesive;
- not use fireworks or light fires;
- not smoke in reception, seminar or accommodation areas;
- not approach or feed animals;
- not access non-secured areas (bridge, moats, pond, wash house);
- not park in the courtyard of the property during the event.
The Client guarantees, and is liable for, compliance with these obligations by all occupants and guests.
13. Number of participants
Before signing this Agreement, the Client must inform PIERRES d’HISTOIRE of the number of participants in the event and undertakes to ensure that this number does not at any time exceed the capacity of the leased premises.
PIERRES d’HISTOIRE reserves the right to deny access to the premises and/or terminate the rental if it appears that the event organised does not correspond to that described in this Agreement and/or that the number of participants exceeds the capacity of the premises.
PIERRES d’HISTOIRE cannot be held liable if the number of participants exceeds the capacity of the premises covered by this Agreement.
14. Equipment supplied by PIERRES d’HISTOIRE
PIERRES d’HISTOIRE makes available to the Client the equipment listed in the attached inventory.
The Client acknowledges having read this inventory and agrees to take the equipment on lease in the condition in which it is found at the start of the rental.
15. Security deposit
15.1 General terms
Upon signing this Agreement and in the form of a cheque that will not be cashed, or a pre-authorisation of debit, or a credit card imprint, the security deposit applicable to each service agreement is secured but not debited.
The Client undertakes to ensure that the credit limit on their credit card or the funds in their bank account are sufficient.
The credit card imprint is only valid for 7 days. In the event of a major issue, PIERRES d’HISTOIRE may request a cheque as a security deposit.
This amount is returned within 10 days of the end of the services, provided that no damage or deterioration is identified within 3 days of the end of the services and/or that no additional cleaning operations prove necessary.
If the security deposit is used, the sums are debited within a period not exceeding 30 days.
15.2 Amount of the security deposit per property
| Estate / House | Amount |
|---|
| Le Domaine de Fleury – La Poterne | €1,000 |
| Le Domaine de Fleury – Les Suites | €750 |
| Le Domaine de Fleury – La Tour | €750 |
| Le Domaine de Fleury – L’Ecurie | €750 |
| Le Domaine de Fleury – La Vigie | €750 |
| Le Moulin de Pézenas – Le Moulin | €1,500 |
| Courances – L’Atelier | €1,000 |
| Courances – Le Moulin | €750 |
| Courances – La Pompe | €750 |
| Courances – La Régie Basse ou Haute | €1,000 |
| Courances – Le Bosquet | €750 |
| Courances – La Closerie | €750 |
| Courances – Chambre à la Métairie | €500 |
| Le Domaine de Ravenoville – Le Pigeonnier | €1,000 |
| Le Domaine de Ravenoville – Le Manoir | €1,500 |
| Le Domaine de Ravenoville – Le Pavillon | €1,500 |
| Le Domaine de Ravenoville – L’Ecurie | €1,000 |
| Le Domaine de la Marcotte – La Grande Maison | €1,500 |
| Le Domaine de la Marcotte – Le Cottage | €750 |
| La Clairière – La Clairière | €1,500 |
| Le Moulin de Prunget – Le Moulin de Prunget | €1,500 |
| Le Moulin de Prunget – La Maison du Meunier | €1,500 |
| Le Chalet l’Harmonie – Le Chalet l’Harmonie | €1,500 |
| L’Hôtel Particulier de Tingry – L’Hôtel Particulier de Tingry | €4,000 |
| L’Hôtel Particulier de Tingry – Chambre à l’Hôtel Particulier de Tingry | €750 |
16. Cancellation by PIERRES d’HISTOIRE before the event date
PIERRES d’HISTOIRE reserves the right to unilaterally terminate the Agreement, without notice or compensation, in the following cases:
- failure by the Client to pay the deposits due, without prejudice to the right of PIERRES d’HISTOIRE to seek payment of amounts due or to become due and compensation for any loss suffered;
- the nature of the event or the number of participants is clearly not in line with the requests made and/or the accommodation capacity.
17. Changes to the reservation (other services)
Any change to the Service, in particular regarding duration, dates, choice of House or rooms, can only be processed by contacting the PIERRES d’HISTOIRE Customer Service, which will make every effort to accommodate the requested change.
18. No-show
In the event of a no-show, the full price of the Service is due.
19. End of rental, final cleaning, damage
At the end of the rental period, the premises and equipment must be returned in their original condition on the date and at the time the rental ends.
If additional cleaning operations are required, PIERRES d’HISTOIRE charges the corresponding costs at a rate of €25 per hour.
Final cleaning at the end of the rental is carried out by PIERRES d’HISTOIRE.
In the event of any damage or deterioration, the amount of repairs, cleaning or replacement is deducted from the security deposit, based on an invoice. If the amount of the damage exceeds the security deposit, the Client undertakes to reimburse the excess amount within 10 working days of receiving the corresponding invoice.
20. Late payment
In the event of late payment, a flat-rate compensation of €40 for recovery costs is applied in accordance with Article L441-6 of the French Commercial Code.
PIERRES d’HISTOIRE reserves the right to claim additional compensation, based on supporting documents, if the recovery costs actually incurred exceed €40.
21. Liability and insurance
Liability is transferred on the date and at the time specified in this Agreement.
The Client is liable for any bodily injury or material or consequential damage caused by them and/or by participants in the event to the leased premises, the privatised rooms, common areas and any objects (equipment, property, documentation and facilities) made available by PIERRES d’HISTOIRE under this Agreement.
The Client is responsible for the condition of the premises and their contents from the time they are made available and throughout the rental period. The Client undertakes to use, and ensure nominal use of, the means made available by PIERRES d’HISTOIRE.
The Client is liable for any act or omission of their suppliers, service providers and guests that causes nuisance or harm to others.
The Client waives any right of recourse against PIERRES d’HISTOIRE and its insurers and undertakes to obtain the same waiver of recourse from their own insurers against PIERRES d’HISTOIRE and its insurers.
By way of reciprocity, PIERRES d’HISTOIRE and its insurers waive any right of recourse against the Client and their insurers, except in cases of malicious intent.
Service providers delivering “à la carte” products and services are solely liable for their products and services. PIERRES d’HISTOIRE cannot be held liable for damage caused to third parties, including clients, by products or services delivered by such providers.
Except for Seminars, it is the Client’s responsibility to ensure that the civil liability of their external service providers (caterer, DJ, sound, lighting, decorator, entertainment, etc.) is covered by a valid insurance policy. This policy must cover bodily injury, material damage and consequential loss caused to third parties as well as to PIERRES d’HISTOIRE. The Client must provide PIERRES d’HISTOIRE with the corresponding insurance certificates at least 15 days before the start of the event.
22. Covid-19 provisions
If the Covid-19 pandemic results in:
- a partial or total lockdown of the country, or
- a prefectoral or governmental measure making it impossible to hold the event as planned in the quotation,
PIERRES d’HISTOIRE agrees in principle to postpone the event free of charge.
If, however, for duly justified reasons, such postponement is impossible for the Client, PIERRES d’HISTOIRE undertakes to refund all amounts paid as a deposit.
23. Force majeure
PIERRES d’HISTOIRE cannot be held liable for the non-performance or improper performance of the booking in cases of force majeure, or due to third parties, or due to the Client, in particular in the event of unavailability of the house for technical or weather-related reasons, unavailability of the internet network, impossibility of accessing the website, external intrusion, computer virus, or in the case of prepayment not authorised by the cardholder’s bank.
In the event of force majeure affecting the safety of persons and requiring the cancellation of the event, this Agreement is automatically terminated, and PIERRES d’HISTOIRE undertakes to refund the Client all amounts paid by them. The Client is not entitled to claim damages.
24. House rules
The Client acknowledges having been informed, at the time of organising the event, of the house rules and the rules relating to access to the premises covered by this Agreement, and acknowledges having read them.
A copy of the rules and the user guide is available and/or may be sent by email.
The Client undertakes to comply with these rules and this user guide.
25. Assignment, subletting
This Agreement is personal to the Client and may not be assigned to any third party. Any subletting is prohibited.
26. Complaints
Any complaint by the Client regarding a breach by PIERRES d’HISTOIRE of its contractual obligations must be sent by email or by registered letter with acknowledgment of receipt to the registered office of PIERRES d’HISTOIRE within two days of the end of the event.
Any request submitted after this period cannot be accepted.
27. Entire agreement
This Agreement constitutes an indivisible whole. No term suggested or communicated by the Client may be incorporated into this Agreement.
The documents forming the contractual commitments between the parties, in ascending order of priority, are:
- the signed quotation;
- the booking confirmation;
- the House’s practical guide;
- this Agreement.
28. Termination clause
Payment is considered effective only after the cheque or transfer has been credited to the account of PIERRES d’HISTOIRE.
In the event of non-payment within 15 days of the invoice date of:
- the deposit,
- the security deposit,
- the full price under this Agreement,
this Agreement is automatically terminated without any compensation being payable to the Client by PIERRES d’HISTOIRE.
29. Personal data
PIERRES d’HISTOIRE may need to collect personal data. By personal data, PIERRES d’HISTOIRE means all information disclosed by users via forms – as natural persons – of any nature, such as their name, first name, email, stay dates, location, enabling them to be identified directly or indirectly, whether provided voluntarily by them or collected during their browsing on the PIERRES d’HISTOIRE website.
The information collected when booking is intended for PIERRES d’HISTOIRE for the following purposes: sending availability confirmation, sending booking confirmation, sending reminders of directions, subscribing to the internal mailing list, personalising the booking and issuing invoices.
It is stored in the PIERRES d’HISTOIRE database in accordance with applicable regulations, so that PIERRES d’HISTOIRE can meet legal obligations in the event of inspections by the Chamber of Commerce or tax authorities, for analytical purposes, to recognise the Client on a future visit and offer the discount associated with their level of loyalty.
This personal data collected about the user is intended for PIERRES d’HISTOIRE. Such information may be copied, used and/or archived and may not be disclosed to third parties, except where required by law or by any judicial authority.
In accordance with applicable regulations (Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as well as personal data protection regulations), the Client has the right to access, rectify, erase and oppose the processing of their data, the right to data portability, and the right to define instructions relating to the fate of their data after their death.
To exercise these rights, the Client simply needs to contact PIERRES d’HISTOIRE at the following address: contact@pierresdhistoire.fr, providing proof of identity.
For further information, please refer to the legal notice page in the footer of the website https://pierresdhistoire.com/
30. Image rights
By virtue of this Agreement, the Client authorises PIERRES d’HISTOIRE, for its self-promotion and its website, to take photographs during the event and to publish them on its professional communication media in compliance with image rights.
31. Privacy
The information requested from the Client is necessary to process their reservation and will be communicated to all parties involved and partners, except for banking information. Without this information, PIERRES d’HISTOIRE cannot register a booking.
Unless the Client objects, PIERRES d’HISTOIRE may send them promotional offers and/or a satisfaction survey by email at the end of the Agreement.
The Client may object, free of charge, to the use of their data for prospecting purposes, particularly commercial prospecting. The Client is informed, on each form used to collect personal data, whether responses are mandatory or optional, indicated by an asterisk.
32. Non-waiver clause
The fact that PIERRES d’HISTOIRE temporarily refrains from exercising any right arising under this Agreement shall in no way constitute a waiver of that right or of any other right or prerogative recognised by this Agreement or by applicable law.
33. Customer Service
For any complaint, Customer Service is available to the Client or any interested person from Monday to Friday, from 9 a.m. to 5 p.m. (French time), and can be contacted by the following means:
Telephone: +33 (0)1 84 83 04 00
Email: contact@pierresdhistoire.fr
34. Correspondence address
All correspondence addressed to PIERRES d’HISTOIRE must be sent to:
PIERRES d’HISTOIRE
20 Rue des Petits Champs
75002 Paris
France
35. Competent courts
This Agreement is governed by French law.
The courts of Paris have exclusive jurisdiction over any dispute relating to the performance or termination of this Agreement.