Individual bookings
Last updated: September 2026
IMPORTANT — Any booking implies acceptance of these General Terms and Conditions of Sale as well as the specific terms of the chosen rate or offer, which are communicated to the Client before the booking is confirmed.
1. IDENTITY AND SCOPE
La Toubana Hotel & Spa is operated by SARL TOUBANA, SIRET: 324 085 240 00012, VAT number: FR94 324 085 240, with its establishment located at:
Route de Sainte-Anne
97180 Sainte-Anne
Guadeloupe - France
These General Terms and Conditions of Sale (hereinafter the "GTC") apply to individual bookings made directly with La Toubana Hotel & Spa (hereinafter the "Hotel"), including via its official website, by phone, by email, or directly at the establishment.
Bookings made through a travel agency, tour operator, online booking platform, or any other distributor may also be subject to the specific contractual terms of that intermediary.
Bookings for groups, seminars, events, and MICE services are subject to specific commercial proposals and contractual terms and are excluded from the scope of these General Terms and Conditions of Sale.
The Client declares that they are at least eighteen years old and have the legal capacity to enter into a contract.
By finalizing their booking, the client acknowledges having read and accepted these terms, the specific terms of the selected rate, and the full General Terms and Conditions of Sale available on the La Toubana Hotel & Spa website.
2. PURPOSE AND CONTRACTUAL DOCUMENTS
These General Terms and Conditions of Sale define the rights and obligations of the parties regarding the booking and provision of accommodation services, as well as any additional services booked with the Hotel, where applicable.
The contract consists of:
- of the specific terms of the rate or offer presented to the Client at the time of booking;
- of the booking confirmation;
- of these General Terms and Conditions of Sale.
The specific terms detail, depending on the selected rate, the payment, guarantee, modification, and cancellation policies, as well as the consequences of a no-show.
In the event of a contradiction, the specific terms of the selected rate or offer shall prevail for the provision in question.
The applicable Terms and Conditions are those accepted by the Client at the time of booking.
3. PRE-CONTRACTUAL INFORMATION AND BOOKING
Before booking, the Client reads the essential characteristics of the services, the dates of the stay, the accommodation category, its maximum capacity, the total price, taxes, included services, payment methods, as well as the cancellation or modification terms specific to the selected rate.
The Client chooses the services according to their needs and, before confirming, verifies the accuracy of the dates, the number of occupants, their ages when this influences the rate, their contact details, and the selected services.
Any special request regarding, in particular, the location of the accommodation, bedding, connecting rooms, accessibility, dietary requirements, or any other preference is met subject to availability.
It only constitutes a contractual commitment by the Hotel once it has been expressly confirmed in writing.
For an online booking, the Client selects the desired services, enters the requested information, checks the summary of their booking and its total price, reads the specific terms of the rate and these General Terms and Conditions, and then confirms their booking.
The Client guarantees the accuracy of the information provided.
The booking becomes final when the Hotel sends the Client a confirmation on a durable medium and, when the rate requires it, after the payment has been collected or the requested bank guarantee has been validated.
The Client is invited to check their confirmation upon receipt and to report any discrepancies promptly.
4. RATES, PAYMENT, AND GUARANTEES
Prices are displayed per room and per night, including all taxes (TTC), based on the selected number of occupants. The tourist tax is not included and remains payable on-site, per person aged 17 and over, per night. Additional services not included are billed separately.
Payment and guarantee terms vary depending on the selected rate or offer. They are specified before confirming the booking and reiterated in the confirmation sent to the client.
A valid credit card may be required to guarantee the booking. Depending on the chosen rate, full or partial payment may be requested.
When prices are displayed for information purposes in another currency, the amount actually billed remains the one indicated at the time of payment confirmation.
To guarantee payment for the stay, services consumed, and any extras, the Hotel may request a bank pre-authorization. The amount in question is communicated to the Client.
A bank pre-authorization does not constitute a final charge. The time required to release the reserved funds depends, in particular, on the Client's bank.
The Hotel may request the presentation of the card used for the booking as well as a form of identification as part of reasonable fraud prevention measures.
5. NO RIGHT OF WITHDRAWAL
In accordance with Article L. 221-28, 12° of the French Consumer Code, the right of withdrawal applicable to distance contracts does not apply to accommodation services provided on a specific date or for a specific period.
6. MODIFICATION, CANCELLATION, AND RATE TERMS
Payment, modification, and cancellation terms vary depending on the selected rate or offer and are specified before confirming the booking:
FLEXIBLE rate: modifiable and cancellable according to the terms displayed at the time of booking.
NON-REFUNDABLE rate: non-modifiable and non-refundable after booking confirmation. The total cost of the stay is charged according to the terms indicated at the time of booking.
THEMATIC offers (Family, Honeymoon, Early Bird, etc.): specific payment, cancellation, and modification terms are specified for each offer.
In the event of a no-show or early departure, the financial terms of the booked rate or offer will apply.
When a modification or cancellation is permitted by the booked rate, the request must be submitted to the Hotel according to the procedures indicated in the booking confirmation.
It only takes effect upon the Guest's receipt of written confirmation from the Hotel.
In the event of a no-show on the scheduled date without cancellation within the applicable timeframe, the Hotel may charge or retain the amounts specified in the terms of the booked rate.
Unless otherwise agreed in writing by the Hotel, the Hotel is not required to hold the accommodation for subsequent nights.
The booking is personal and may not be transferred to a third party without the Hotel's prior consent.
7. ARRIVAL AND DEPARTURE
Check-in: from 4:00 PM.
Check-out: until 11:00 AM.
Any early arrival or late departure is subject to availability and may incur an additional fee.
Any late arrival expected after standard hours must be reported to the Hotel.
The number of occupants may not exceed the maximum capacity of the booked accommodation.
Any additional person must be declared and accepted by the Hotel and may be subject to a surcharge, which will be communicated to the Guest in advance.
8. CHILDREN AND OCCUPANCY POLICY
0 to 2 years old inclusive: free of charge according to the parents' rate conditions. Baby cot provided free of charge.
3 to 12 years old inclusive: extra bed charged at the applicable rate.
13 years and older: considered and charged as an adult.
Meals and additional services are subject to the terms of the booked offer.
Minors must be accompanied by a legal guardian or a duly authorized adult.
The Hotel may request any documentation reasonably necessary to ensure the minor's safety and to verify this authorization.
Specific equipment and requests related to accessibility are subject to availability and must, when necessary, be confirmed by the Hotel before the stay.
9. ANIMALS
Small dogs are accepted (5 kg max – €50 per stay, payable on-site), subject to legal provisions applicable to guide dogs and assistance dogs.
The presence of a dog must be reported to the Hotel no later than arrival.
The Client remains responsible for the animal throughout the duration of the stay and for any damage directly caused by it.
10. HOUSE RULES, STAY, AND NON-SMOKING ROOMS
Non-smoking rooms The rooms are non-smoking. Any violation of this rule will result in a flat-rate charge of €250.
The Client and occupants must respect the house rules, safety instructions, the tranquility of the premises, the staff, other guests, and the Hotel's facilities.
In the event of serious or repeated misconduct, including violence, threats, harassment, endangering others, illicit activity, excessive nuisance, or intentional damage, the Hotel may terminate the stay under the conditions permitted by applicable regulations.
Services consumed and damages actually caused remain due.
The Client is liable for any damage or loss attributable to themselves, the occupants of the accommodation, animals under their care, or persons they bring into the establishment.
Any amount charged for damages must correspond to actual loss and be justified.
11. IDENTIFICATION AND INDIVIDUAL POLICE REGISTRATION FORM
In accordance with applicable regulations, any foreign client may be asked to complete and sign an individual police registration form.
Foreign minors may, under the conditions provided by regulations, be included on the form of the adult accompanying them.
These forms are kept for the duration required by regulations and are only disclosed to authorities legally authorized to request them.
An identity document may also be requested when necessary for booking verification, fraud prevention, compliance with a legal obligation, or the security of the establishment.
12. WI-FI ACCESS
The Hotel may provide Wi-Fi access.
The Client agrees to use it lawfully and specifically refrains from any infringement on network security, intellectual property rights, privacy, or public order.
The Hotel may take reasonably necessary measures to ensure the security and availability of the network.
It does not guarantee constant speed or availability when interruptions result from technical constraints, maintenance, or external events beyond its reasonable control.
13. RELOCATION AND UNAVAILABILITY
If, despite a confirmed booking, the Hotel is unable to provide the reserved accommodation for a reason attributable to it, it will, as far as possible, offer accommodation of at least an equivalent category providing comparable services.
In such cases, the reasonable additional cost of the replacement accommodation as well as, where necessary, transport between the establishments will be covered by the Hotel.
If no suitable alternative accommodation is available or if the Client refuses an objectively equivalent proposal, the services not provided will be refunded, without prejudice to any other rights the Client may have under applicable regulations.
14. MANIFEST ERRORS AND REPRESENTATION OF SERVICES
In the event of a manifest error in price, description, or availability that a reasonably attentive consumer could not have ignored, the Hotel will inform the Client as soon as possible and, depending on the circumstances, offer to maintain the booking at the correct price or cancel it free of charge with a refund of any sums paid.
A simple internal error that is not manifest to the Client does not allow the Hotel to unilaterally cancel a confirmed booking, unless agreed to by the Client or required by law.
The photographs and representations on the website present the accommodation categories and Hotel spaces as accurately as possible.
Minor differences in decor, furniture, layout, or view may exist between accommodations within the same category without altering the essential characteristics of the booked service.
15. LIABILITY, LUGGAGE, AND VALUABLES
The Hotel is responsible for the proper performance of the obligations resulting from the contract under the conditions provided for by applicable regulations.
Its liability cannot be excluded or limited where prohibited by mandatory legal provisions.
The Hotel is not liable for any non-performance attributable to the Client, the unforeseeable and insurmountable act of a third party to the contract, or an event of force majeure, subject to applicable legal rules.
The Hotel's liability regarding effects, luggage, and items brought by travelers is governed by Articles 1952 et seq. of the Civil Code.
Guests are encouraged to use the security devices provided and to contact the front desk regarding any items requiring special precautions.
16. FORCE MAJEURE
A case of force majeure is defined as any event meeting the criteria of Article 1218 of the Civil Code, which is beyond the control of the party concerned, could not have been reasonably foreseen at the time of the conclusion of the contract, and whose effects cannot be avoided by appropriate measures.
The affected party shall inform the other party as soon as possible.
The performance of the affected obligations is suspended for the duration of the impediment under the conditions provided by regulation.
When the impediment becomes permanent or justifies the termination of the contract, the financial consequences are determined in accordance with applicable legal provisions.
17. PERSONAL DATA
The personal data collected is used primarily for the management of the booking and the stay, in accordance with the establishment's Privacy Policy.
In accordance with applicable personal data protection regulations, the client may exercise their rights according to the procedures specified in this Privacy Policy.
Subscription to offers and commercial communications is subject, where necessary, to separate and optional consent.
SARL TOUBANA acts as the data controller for the data it collects directly in the context of the booking and stay.
Data may be used, in particular, to manage requests, bookings, payments, stays, preferences, and complaints; comply with legal and accounting obligations; prevent fraud and ensure security; compile statistics; and, where regulations permit, send commercial communications.
Depending on their purpose, processing is based on the performance of the contract or pre-contractual measures, compliance with legal obligations, the Hotel's legitimate interest, or the Client's consent when required.
Data is accessible to authorized Hotel departments and, to the extent necessary, to its subcontractors and technical partners.
Data is kept for a period proportionate to its purpose and then, when necessary, archived for the duration of legal retention and limitation periods.
For any questions regarding personal data protection or to exercise their rights, the Client may contact the Data Protection Officer (DPO):
The Client also has the right to file a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).
18. ELECTRONIC PROOF AND VALIDATION
Validation of the booking, accompanied by acceptance of these Terms and Conditions and the specific conditions of the selected rate, signifies the Client's consent and commits them to payment according to the agreed terms.
Booking confirmations, electronic correspondence, and records from booking and payment systems kept under conditions that reasonably guarantee their integrity may serve as evidence, without depriving the Client of the right to provide evidence to the contrary.
Necessary technical data may be recorded for security, evidentiary, and fraud prevention purposes in accordance with the Privacy Policy.
19. COMPLAINTS AND CONSUMER MEDIATION
Any complaint must first be sent in writing to the establishment.
It may be sent by email to:
Clients are advised to include their booking reference and attach any documents relevant to the processing of their request.
In the absence of an amicable resolution to the dispute, the consumer may refer the matter free of charge to the consumer mediator relevant to the operating company, in accordance with the conditions set by the mediator.
Mediator: MTV – MEDIATION TOURISME VOYAGE
The request may be submitted online via the Médiation Tourisme Voyage website or by mail to:
Service dépôt des saisines
CS 30958
75383 PARIS CEDEX 08
Recourse to mediation does not deprive either the Client or the Hotel of the right to bring the matter before a competent court under the conditions provided by law.
20. GOVERNING LAW AND JURISDICTION
These General Terms and Conditions and the contract concluded with the Hotel are governed by French law, subject to any mandatory provisions that may be more protective for consumers residing in another state.
In the absence of an amicable resolution or mediation, any dispute may be brought before the competent court in accordance with applicable legal rules.
Consumers benefit from the protective territorial jurisdiction rules provided by applicable regulations.
21. FINAL PROVISIONS
If any provision of these General Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, unless the provision in question was a determining factor in the parties' agreement.
The failure of either party to exercise any provision of these General Terms and Conditions at any time shall not be construed as a waiver of the right to exercise it in the future.
These General Terms and Conditions of Sale are drawn up in French.
Any translation provided is for convenience only. In the event of a discrepancy between a translation and the French version, the French version shall prevail, subject to mandatory applicable legal provisions.
La Toubana Hotel & Spa
Operator: SARL TOUBANA
SIRET: 324 085 240 00012
Intracommunity VAT: FR94 324 085 240
Complaints: reclamation@toubana.com
Data Protection / DPO: dpo@deshotelsetdesiles.com
The company LEADER SARL hereinafter referred to under the commercial label “Des Hôtels & Des Îles” is a company under French law, with a capital of 7,622.45€ whose head office is located 120 Rue de la Boétie, 75008 Paris, registered RCS Paris, registered RCS Paris B339 261 695 695 000 29, RCS Paris B339 261 695 000 29, registered RCS Paris B339 261 695 695 000 29, CODE APE 67 08.
Financial guarantee with GROUPAMA ASSURANCE CREDIT & CAUTION
Professional liability insurance for travel agencies (article R. 212-14 of the TMS Tourism Code)
Travel agent registration no. IM. 971120017
These general terms and conditions are valid as of September 20, 2009. This edition cancels and replaces previous versions.
Section 1. Definitions — Tourist package — Fields of application
1.1 Definitions
The definitions below have the same meaning whether they are used in the singular or the plural.
“La Toubana Hotel & Spa” refers to the hotel marketed by the company LEADER
“Hotels and Islands” refers to the LEADER Company, Service Provider
“Partner” refers to all Service providers.
“Service” refers to the tourist packages offered on the site www.deshotelsetdesiles.com
“Site” means the site www.toubana.com
“User” refers to any user of the Site who navigates, reads, books and/or buys one or more Services offered on the Site.
1.2 Tourist Package
A tourist package within the meaning of these General Conditions is the reservation, offered for a global price, of a service exceeding 24 hours or including one night, and combining at least two elements among the following three:
- A transport or car rental service,
- A home,
- A tourist service that is not ancillary to transport or accommodation, but represents a significant part of the overall price.
The reservation of tourist packages is governed by Title 1Er of Book II of the Tourism Code relating to the organization of the sale of trips and stays.
In accordance with article R. 211-14 of the Tourism Code, articles R. 211-5 to R. 211-13 of the said Code are reproduced below in fine of these General Conditions of Sale.
These provisions are supplemented by the specific conditions of the reservation as made on the site www.toubana.com.
1.3 Scope
These general conditions of use (hereinafter the “General Conditions”) govern the offer and provision of the Services.
The reservation of Services is reserved for only Users who have previously read the General Conditions in their entirety and have accepted them by ticking the box or by clicking on the hypertext link provided for this purpose. Without this acceptance, the continuation of the reservation process is technically impossible.
Consequently, the finalization of the reservation process on the Site implies express acceptance by the User of these General Conditions.
The specific conditions of the Partners (hereinafter the “Specific Conditions”) are also applicable to the offer and the provision of Services, under terms identical to the General Conditions, in accordance with the terms and conditions identical to the General Conditions. The acceptance of the Specific Conditions by the User occurs at the time of the actual reservation.
The General Conditions may be modified at any time, without notice, it being understood that such changes will not be applicable to bookings of Services made previously. It is therefore imperative that the User consult and accept the General Conditions at the time he makes his reservation, in particular in order to ensure the provisions in force.
Section 2. Booking
2.1 Capacity — Use of the site
The purpose of the Site is to assist the User in the search for Services related to travel and tourism, and to make appropriate reservations, as well as to conclude any related transaction with the Partners. The User must be at least 18 years old, be legally capable of contracting and using this Site in accordance with the General Conditions.
Except in cases of fraud, which it is up to him to prove, the User is financially responsible for his actions on the Site, in particular for the use that will be made of his User name and password. It also guarantees the veracity and accuracy of the information concerning him provided on the Site.
Any use of the Site that is fraudulent, or that would violate these General Terms and Conditions, will justify the User being refused, at any time, access to the Services offered by deshotelsetdesiles.com and/or its Partners or other functionalities of the Site.
2.2 Making and cancelling reservations
Bookings will only be made on the site with simultaneous payment of the price by credit card.
Depending on the offers or the period of stay, the cancellation conditions are different and should be consulted when booking the accommodation.
The confirmation of the reservation, which includes the essential elements, such as the identification of the Service (s) booked and the price, will be sent to the User by email within a maximum of 1 working day following the reservation date.
2.3 Convocation and collection of travel documents
Travel documents issued for a Service ordered via the Site are sent by electronic mail (email) to the address mentioned by the User when booking, according to the provisions provided for each type of Services accessible on the Site prior to booking or under the Specific Conditions.
If the delivery of travel documents was made impossible by an error by the User in entering his contact details, neither the Partner (s) concerned nor www.deshotelsetdesiles.com can be held responsible.
2.4 Proof
It is expressly agreed that, except for a manifest error on the part of the Partners or Des Hôtels & Des Îles on the part of the Partners or Des Hôtels & Des Îles and/or its Partners as proof of which the User would provide, the data stored in the information system of Des Hôtels & Des Îles and/or its Partners have probative force as to the reservations made by the User. Data on computer or electronic support constitutes valid evidence and as such is admissible under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.
2.5 Right of withdrawal
The User is informed that, pursuant to Article L. 221-18 of the Consumer Code, the Services offered on the Site by Des Hôtels & Des Îles on its behalf or on behalf of its Partners are not subject to the application of the right of withdrawal provided for in articles L. 121-20 and following of the Consumer Code in terms of distance selling.
Consequently, the Services booked on the Site are exclusively subject to the cancellation and modification conditions provided for herein and/or in the Specific Conditions of the applicable Partners.
Section 3. Details of the benefits
Hotels & Islands offer Travel Services on the site, in particular tourist packages, plane tickets, the reservation of accommodation services, car rental and travel insurance. Hotel & Island Special Offers are all such Services provided directly to Users by Des Hôtels & Des Îles. For all other Services, Des Hôtels & Des Îles acts in the name and on behalf of various Partners (hotel and/or transport providers, tour operators and travel agents).
The following indicative list is not exhaustive and does not replace the Specific Conditions as they appear in the reservation.
3.1 Air transport services
Air transport services are offered as part of a tourist package.
Travel conditions
The conditions for the execution of air transport are governed by the specific conditions of the airlines or Partners.
It is the responsibility of the User to respect the instructions of the airlines and Partners and in particular with regard to the presentation deadlines for registration. It is recommended to check in at least three hours before the departure time of the plane for international flights and at least two and a half hours in advance for domestic flights.
The name of the airport, when the city served by contract includes several, is given for information purposes only and may be subject to possible changes.
The User's attention is drawn to the need to provide a sufficiently large period of time taking into account possible delays in the event of a reservation on the Site of a trip including a connection or a transit, in particular when the latter includes a change of airport.
Children under 2 years of age do not have a seat on the plane unless parents ask to pay for an entire seat especially for them. The User's attention is drawn to the fact that this provision is only valid under the condition that the children are under 2 years of age for the entire duration of the trip, on the date of departure and on the date of return. Indeed, airlines consider that children over the age of 2 on the date of return must take a return ticket at the child rate. Expenses incurred as a result of non-compliance with this rule cannot be reimbursed.
Unaccompanied children under the age of 15 are refused.
Children aged 15 or over must be in possession of identity papers in their name.
Formalities
The formalities mentioned on the Site are intended for nationals of France, Belgium, Luxembourg and Switzerland.
If the User is not a national of one of these 4 countries, it is his responsibility to inquire personally and under his sole responsibility about the formalities applicable to his situation.
Between the publication of information on the Site and the User's departure date, certain changes may occur. We therefore advise the User to check the Site just before their departure.
The User is informed on the Site of the administrative and/or health formalities required for the trip. It is the User's responsibility to familiarize themselves with them. The completion of and costs resulting from these police, customs, and health formalities required for your trip, such as passports, national identity cards, residence permits, parental authorizations, visas, medical certificates, and vaccination records, are the responsibility of the User.
We draw your attention to the fact that the regulations of certain countries require passports to be valid for more than 6 months after the return date. Furthermore, children aged 15 or over must be in possession of identity documents in their own name.
If, particularly due to failure to comply with these administrative and health formalities, the User is unable to depart on the indicated date, the price paid cannot be refunded under any circumstances.
In the event of loss or theft of a ticket, the User must file a specific report with the police and the airline and purchase another ticket from the issuing Partner; only the Specific Conditions of the relevant Partner may provide for a refund.
Liability of air carriers
Please note that the liability of air carriers is most often limited by the national or international law applicable to them, or by their own Specific Conditions. For air travel, an excerpt of these conditions is provided to the User with their travel document.
Electronic ticket
An electronic ticket is a paperless ticket. When booking such a ticket, the User must present themselves at the check-in counter of the relevant airline with valid travel documents (passport, visa, ID card, etc.) to obtain their boarding pass. The User must therefore adhere to the required check-in deadlines.
3.2 Accommodation and stay services
These services are offered either as accommodation-only services or as part of a package tour.
Duration of the trip
The day of departure and the day of return are included in the duration of the stay. The first and/or last night may be shortened by a late arrival, an early departure, or a night flight.
Room occupancy
Please note that, in most cases, rooms are only available from 3:00 PM and must be vacated by 12:00 PM, regardless of the arrival or departure time of the transport used.
Single rooms generally include one single bed or two beds for one person. These rooms often carry a supplement. Double rooms are provided with either two beds or one double bed.
Classification
The comfort level rating assigned to hotels in the description available on the Site corresponds to a classification based on local standards in the host country and may therefore differ from French standards; it is provided for information purposes only. In exceptional cases, the originally booked hotel may be replaced by another hotel of the same category offering equivalent services.
Activities
Furthermore, some activities offered by Partners and indicated in the description on the Site may be canceled, particularly due to weather conditions, force majeure, off-season travel, or if the minimum number of participants required for the activity is not met.
The cancellation of any activity due to force majeure shall not, under any circumstances, entitle the User to any compensation.
Regarding tours, the order of site visits is provided for information purposes only and may be subject to change by the Partners.
Meals
When meals are included in the tour package, the number of meals depends on the number of nights. Full board includes breakfast, lunch, and dinner. Half board includes breakfast and either lunch or dinner, depending on the package. Full board and half board begin with the meal preceding the first night and end with the breakfast following the last night of accommodation.
Please note that, unless otherwise stated in the tour package description on the Site, drinks are not included with meals and are at the User's expense. In the absence of potable water, the cost of purchasing bottled water is the sole responsibility of the User.
Parents are advised to bring appropriate food for their baby, as it may not always be available on-site.
3.3 Vehicle rental services
The provision of vehicle rental services is governed by the Partners' specific terms and conditions.
Payment methods
When picking up the vehicle, the main driver must present their credit card.
Furthermore, the Partner will request a pre-authorization from the User's bank for the security deposit. The User should therefore contact their bank to check their spending limit, against which this pre-authorization will be applied.
If the User does not comply with the rules stated above, the Partner will not release the vehicle.
The User must check the Partner's Specific Terms and Conditions to see which credit cards are accepted, as some cards, such as Electron cards, may not be accepted.
Additional fees
For vehicle rentals in certain countries, some Partners automatically charge for a full tank of fuel upon return if the vehicle was not refueled by the user beforehand.
The User is required to return the vehicle to the same agency from which it was collected; otherwise, Partners will charge additional fees known as "Drop-off fees."
3.4 On-site activities
The booking of "On-site activities" services alone is governed by the Partners' Specific Terms and Conditions.
These services are non-transferable, non-modifiable, and non-refundable.
Price
The descriptions of the Services presented on the Site specify which "On-site Activities" are included in the mentioned price. Prices are indicated in Euros and are generally inclusive of all taxes, unless otherwise stated on the Site.
Article 4. Price
The travel descriptions presented on the Site specify, for each trip, the services included in the price. Prices are indicated in Euros and are inclusive of all taxes, unless otherwise stated on the Site.
Please note that certain additional taxes (tourist tax, visitor's tax, or visa fees) may be imposed by local authorities in certain countries and must be paid on-site. These additional taxes, where applicable, are the responsibility of the User. The prices provided are only valid for a limited time. All bookings are payable in the local currency of the Hotel.
The prices of tourist packages are calculated based on the number of nights and not the number of full days.
In general, and unless expressly stated otherwise, prices do not include insurance, airport services, excess baggage fees, transfers from the airport to the accommodation, visa fees, vaccinations, and all personal expenses (laundry, telephone, drinks, room service, tips, etc.), as well as excursions and the use of sports facilities, and more generally any service not expressly mentioned on the Site.
Article 5. Photos and illustrations
Every effort is made to provide photos and illustrations that give the User an overview of the proposed Services. These photos and illustrations are intended to indicate the category of accommodation or the level of comfort to the User. The photographs presented on the Site are not contractual. Variations may occur, particularly due to changes in furniture or potential renovations. The Client may not make any claims based on this.
Article 6. Insurance
No insurance is included in the prices offered on the Site. Therefore, it is recommended that the User purchase an insurance contract covering the consequences of certain cancellation scenarios and an assistance contract covering specific risks, particularly repatriation costs in the event of an accident or illness.
To this end, various insurance policy options are offered to Users, underwritten by ASSUREVER – TSA 72218 18039 BOURGES CEDEX.
The risks covered by these policies, as well as their cost and the amount of coverage, are indicated on the Site for informational purposes. If an insurance contract is purchased, the insurance policy will be provided to the User.
Claims must be filed directly with the insurance company, in accordance with the terms of the insurance contract.
Article 7. User Service and Complaints
7.1 User Service
The User may contact Des Hôtels & Des Îles during the booking process for Services to obtain assistance, information, and clarification regarding the purpose and conditions of the booking they are making:
– by phone at: +33 (0)1 42 56 46 98,
– by email: info@deshotelsetdesiles.com
Personal data provided by the User to Des Hôtels & Des Îles is intended for Des Hôtels & Des Îles and its subcontractors, whether established within or outside the European Union, for the purpose of processing the User's request by Des Hôtels & Des Îles departments and, unless the User objects, to inform them about products and services from the Des Hôtels & Des Îles group. In this regard, as a member of the Des Hôtels & Des Îles group, Des Hôtels & Des Îles may send the User information to help them better understand and use its Site, provide them with promotional offers available on this Site, and propose offers from its Partners. Where applicable, offers from Des Hôtels & Des Îles Partners may only be sent to the User via SMS or email with their prior consent, in accordance with the provisions of Law 2004-575 of June 21, 2004, "for confidence in the digital economy," Law 78-17 "on information technology, files and freedoms" as amended by Law 2004-801 of August 6, 2004, and in accordance with the Des Hôtels & Des Îles Privacy Policy available on the Site.
In accordance with the amended Data Protection Act of January 6, 1978, the User has the right to access, modify, rectify, and delete their personal data at any time. They may exercise this right by sending an email via the "Contact" section of the Site or by sending a letter to Des Hôtels & Des Îles: 120 Rue de la Boétie – 75008 Paris, provided they can verify their identity.
7.2 Complaints Department
Any request for information, clarification, or potential complaints must be addressed to Des Hôtels & Des Îles, which collects them on behalf of and for the Partners, within 30 days following the end of the stay:
- Either by registered letter with acknowledgment of receipt to Des Hôtels & Des Îles: 120 Rue La Boétie – 75008 Paris – France
- Either by email at the following address: info@deshotelsetdesiles.com
Claims will only be accepted to the extent that the issues they concern were reported to Des Hôtels & Des Îles or the Partner during the trip, so that an attempt could be made to remedy them and limit the damage suffered by the User.
No claims will be accepted regarding the loss, damage, or theft of luggage, clothing, or personal items placed under the User's supervision during their stay, unless proven fault on the part of Des Hôtels & Des Îles or its Partners is established. Luggage checked with an airline is only insured for the duration of transport.
Article 8. Responsibilities and guarantees regarding the use of the site
No guarantee is provided to the User regarding:
- The absence of anomalies, errors, or bugs that could affect navigation on the Site or the implementation of any feature offered on the Site; or
- The possibility of correcting such anomalies, errors, or bugs; or
- The absence of interruptions or failures in the operation of the Site; or
- The potential compatibility of the Site with specific hardware or configurations.
Under no circumstances shall Des Hôtels & Des Îles be liable for any direct or indirect and/or intangible damages, foreseeable or unforeseeable (including loss of profits or opportunities, etc.) arising from the provision and/or use or the total or partial inability to use the Site's features.
The hypertext links present on the Site that redirect the User to other websites are intended solely to facilitate the User's searches.
In any event, the User declares that they are aware of the characteristics and limitations of the Internet, particularly its technical performance, response times for consulting, querying, or transferring data, and the risks associated with the security of communications.
Article 9. Intellectual Property
9.1. General Provisions
The Site, its content, and all elements constituting it are creations for which companies within the Des Hôtels & Des Îles group and/or, where applicable, Partners, hold all intellectual property rights and/or exploitation rights, particularly regarding copyright, database rights, trademark rights, and design and model rights.
The Site, as well as the software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds, or any other data contained on the Site remain the exclusive property of the Des Hôtels & Des Îles group companies and/or Partners or, where applicable, their respective owners with whom they have entered into usage agreements.
The User is granted a non-exclusive, non-transferable right to use the Site and the data contained therein for private purposes. The right thus granted consists of (i) a right to view the data and information contained on the Site online and (ii) a right of reproduction consisting of printing and/or saving the viewed data and information. This right of use is intended solely for strictly private use.
Any other use of the Site by the User, particularly for commercial purposes, is prohibited. In particular, the User is prohibited from reproducing and/or representing for non-private use, selling, distributing, broadcasting, translating, adapting, publishing, and communicating all or part of any element, information, or data from the Site in any form whatsoever.
Furthermore, the User is prohibited from introducing, by any means whatsoever, data likely to modify or damage the content or presentation of the Site.
Any hyperlink to the Site, regardless of the type of link, must be subject to prior authorization from Expedia, acting on behalf of and for the account of the relevant rights holder, in paper or electronic format.
9.2. Software
The use of any software downloaded from the Site to access certain Services or features is governed by the terms of the accompanying license. The User agrees not to install, copy, or use this software before having first agreed to the terms of said license.
For any software not accompanied by a license, the User is granted a temporary, private, personal, non-transferable, and non-exclusive right to use said software in order to access the Services and features that require the use of this software, to the exclusion of any other use. By installing or using the software, the User agrees to comply with this condition.
Article 10. Personal data protection
Information provided by the User on the Site allows for the processing and execution of their reservations.
The Privacy Policy available on the Site sets out all provisions relating to the protection of personal data. In the event of a contradiction between these Terms of Use and the Privacy Policy, the latter shall prevail.
In accordance with Article 32 of the Data Protection Act of January 6, 1978, as amended by Law 2004-801 of August 6, 2004, information essential for processing and executing reservations is marked with an asterisk on the Site pages.
To learn more about the processing of your data and all your rights regarding your personal data, please consult our privacy policy.
To exercise these rights, please contact the Des Hôtels & Des Îles personal data protection officer either by mail at 120, rue La Boétie, 75008 Paris, France, or by email at: dpo@deshotelsetdesiles.com
Other requests for information requiring an optional response, or information regarding the User's interest in offers that may be sent to them, are intended to better understand the User and to improve the services offered to them.
Unless the User objects, Des Hôtels & Des Îles may share this optional information about the User with companies in its group, including those outside the European Union, particularly in the United States. The User expressly consents to this transfer.
Des Hôtels & Des Îles may send the User information by any means (electronic, paper, SMS, etc.) to help them better understand and use their respective sites, to provide them with promotional offers published on these sites, and to offer them deals from their partners, in strict compliance with the provisions of the law "for confidence in the digital economy" and the amended "Data Protection Act," subject to the User's prior consent or right to object, as provided for in the Privacy Policy on the Site.
In addition, Des Hôtels & Des Îles transmits to its insurer information relating to the User's reservation. This transmission allows Des Hôtels & Des Îles to fight against bank card fraud.
The occurrence of an unpaid amount due to the fraudulent use of a bank card will result in the registration of the contact details relating to the reservation of the User who is at the origin of this unpaid within a payment incident file implemented by the insurer and placed under its responsibility.
In accordance with the amended Data Protection Act of January 6, 1978, the User has the right to access, modify, rectify and delete data concerning him at any time. He can exercise this right by sending an email from the “Contact” section of the Site or by sending a letter to Des Hôtels & Des Îles — 120 Rue de la Boétie — 75008 Paris — 75008 Paris subject to justifying his identity.
Section 11. Applicable law
The binding contract www.toubana.com and the User under French law is expressly subject to French law.
Any dispute relating to its interpretation and/or execution falls under the jurisdiction of the French courts.
You can also contact the Tourism and Travel Ombudsman on https://www.mtv.travel/saisir-le-mediateur/ or by mail to:
MTV — MEDIATION TOURISM TRAVEL
Referral Submission Service
CS 30958
75383
PARIS CEDEX 08
Section 12. Reproduction of articles R. 211-5 to R. 211-13 of the Tourism Code
Art. R. 211-5. — Subject to the exclusions provided for in the second paragraph (a and b) of article L. 211-8, any offer and sale of travel or vacation services give rise to the delivery of appropriate documents that meet the rules defined by this title. In the event of the sale of air tickets or tickets on a regular line not accompanied by services related to such transport, the seller delivers to the buyer one or more passenger tickets for the entire trip issued by the carrier or under his responsibility. In the case of transport on request, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned. The separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by this title.
Art. R. 211-6. — Prior to the conclusion of the contract and on the basis of a written medium, including his company name, address and the indication of his administrative authorization to exercise, the seller must provide the consumer with information on prices, dates and other components of the services provided during the trip or stay such as: 1) The destination, the means, the characteristics and the categories of transport used; 2) The mode of accommodation used; 2) The mode of accommodation, its location, its level of comfort and its main characteristics, its certification and its tourist classification corresponding to the regulations or practices of the host country; 3) The meals provided; 4) The description of the itinerary when it is a circuit; 5) The administrative and health formalities to be completed in the event, in particular, of crossing borders as well as their deadlines; 6) The visits, excursions and other services included in the package or possibly available at an additional cost; 7) The size minimum or maximum of the group allowing the completion of the trip or stay as well as, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be set less than twenty-one days before departure; 8) The amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance; 9) The terms and conditions revision of prices as provided for in the contract pursuant to article R. 211-10; 10) The contractual cancellation conditions; 11) The cancellation conditions defined in articles R. 211-11, R. 211-12 and R. 211-13; 12) Details concerning the risks covered and the amount of guarantees taken out under the insurance contract covering the consequences of the professional civil liability of travel agencies and the civil liability of non-profit associations and organizations and local tourism organizations; 13) Information concerning the optional subscription of an insurance contract covering consequences of certain cases of cancellation or of an assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or illness.
Art. R. 211-7. — Prior information provided to the consumer binds the seller, unless in it the seller has expressly reserved the right to modify certain elements. In this case, the seller must clearly indicate to what extent this modification may occur and on which elements. In any case, changes to the prior information must be communicated in writing to the consumer before the conclusion of the contract.
Art. R. 211-8. — The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. It must include the following clauses: 1) The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer; 2) The destination or destinations of the trip and, in the case of a split stay, the various periods and their dates; 3) The means, characteristics and categories of transport used, the dates, times and places of departure and return; 4) The mode of accommodation, his location, its level of comfort and its main characteristics, its tourist classification under regulations or the uses of the host country; 5) The number of meals provided; 6) The itinerary when it comes to a circuit; 7) Visits, excursions or other services included in the total price of the trip or stay; 8) The total price of the services invoiced as well as the indication of any revision of this invoicing as well as the indication of any revision of this billing under the provisions of article R. 211-10; 9) The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarking or boarding taxes at ports and airports, taxes of stay when they are not included in the price of the service (s) provided; 10) The schedule and terms of payment of the price; in any event, the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when the documents allowing the trip or stay are submitted; 11) The Special Conditions requested by the buyer and accepted by the seller; 12) The terms and conditions under which the buyer can file a claim for non-performance with the seller or poor performance of the contract, complaint which must be sent as soon as possible, by registered letter with acknowledgement of receipt to the seller, and reported in writing, possibly, to the tour organizer and the service provider concerned; 13) The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7) of Article R. 211-6; 14) The nature of cancellation conditions contractual; 15) The cancellation conditions provided for in articles R. 211-11, R. 211-11, R. 211-12 and R. 211-13; 16) Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller's professional civil liability; 17) Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer), as well as those concerning the insurance contract assistance covering certain specific risks, in particular the costs of repatriation in the event of an accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded; 18) The deadline for informing the seller in the event of transfer of the contract by the buyer; 19) The commitment to provide, in writing, to the buyer, at least ten days before the scheduled date of departure, the following information: a) The name, address and the telephone number of the local representative of the seller or, failing that, the names, addresses and telephone numbers local organizations likely to help the consumer in case of difficulty, or, failing that, the telephone number to urgently establish contact with the seller; b) For trips and stays of minors abroad, a telephone number and an address allowing direct contact to be established with the child or the person responsible for his stay on site.
Art. R. 211-9. — The buyer may transfer his contract to an assignee who meets the same conditions as him to carry out the trip or the stay, as long as this contract has not produced any effect. Unless otherwise agreed otherwise, the transferor is required to inform the seller of his decision by registered letter with acknowledgement of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization from the seller.
Art. R. 211-10. — When the contract includes an express possibility of revising the price, within the limits provided for in Article L. 211-13, it must mention the precise methods of calculating, both upward and downward, price variations, and in particular the amount of transport costs and related taxes, and in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or stay, the portion of the price to which the variation applies, the price of the currency (s) used as a reference when establishing the price shown in the contract.
Art. R. 211-11. — When, before the departure of the buyer, the seller is forced to make a modification to one of the essential elements of the contract, such as a significant increase in the price, the buyer may, without prejudice to remedies for damages possibly suffered, and after having been informed by the seller by registered letter with acknowledgement of receipt: — either cancel his contract and obtain the immediate reimbursement of the amounts paid without penalty; — or accept the modification or the alternative trip offered by the seller; a An amendment to the contract specifying the changes made is then signed by the parties; any price reduction is deducted from any amounts still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of departure.
Art. R. 211-12. — In the case provided for in article L. 211-15, when, before the departure of the buyer, when, before the departure of the buyer, the seller must inform the buyer by registered letter with acknowledgement of receipt; the buyer, without prejudice to remedies for any damage suffered, obtains from the seller the immediate reimbursement and without penalty of the amounts paid; the buyer receives, in this case, compensation at least equal to penalty that he would have incurred if the cancellation had occurred on his own initiative on that date. The provisions of this article do not in any way prevent the conclusion of an amicable agreement whose object is the acceptance, by the buyer, of an alternative trip or stay offered by the seller.
Art. R. 211-13. — When, after the departure of the buyer, the seller is unable to provide a preponderant part of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to remedies for damages that may have been suffered: — or offer services in place of the services provided by the buyer, by possibly bearing any additional price and, if the services accepted by the buyer are Of quality lower, the seller must reimburse him, as soon as he returns, the price difference; — or, if he cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, without additional price, with transport tickets to ensure his return under conditions that can be considered equivalent to the place of departure or to another place accepted by both parties.
Section 13. Final provisions
The fact that Des Hôtels & Des Îles does not, at a given moment, take advantage of one of the provisions of the General Conditions cannot be interpreted as a renunciation by itself of subsequently relying on one of these provisions.
In the event that one of the provisions of the General Conditions is declared null or void, this provision will be deemed to be unwritten, without affecting the validity of the other provisions, unless the provision declared void or without effect was essential and decisive.
Any case of force majeure suspends the obligations hereunder affected by the case of force majeure and relieves from all liability the party that should have performed the obligation thus affected.