Terms & Conditions – Tourist Lodge
General Terms and Conditions of Sale and Use of the Tourist Guesthouse Le Madina
PREAMBLE
These general terms and conditions of sale (the “T&Cs”) apply to any booking and/or purchase made by a Client (as defined below) on the website accessible at the following address: www.lemadina.com (the “Website”), by telephone, or directly on site at the Tourist Guesthouse Le Madina, located at 08 boucle Coco Madi, 97615 Pamandzi, Mayotte.
The Website is published by Le Madina, a sole proprietorship registered with the Registre du Commerce et des Sociétés de Mamoudzou under number 841 071 558, whose registered office is located at 08 rue Hibiscus – 97615 Pamandzi (Mayotte), and whose main establishment (the “Tourist Guesthouse Le Madina”) is located at 08 boucle Coco Madi, 97615 Pamandzi, Mayotte.
IN VIEW OF THE FOREGOING, THE FOLLOWING HAS BEEN AGREED:
ARTICLE 1 – DEFINITIONS
The terms used in these T&Cs, including in this preamble, and beginning with a capital letter, whether used in the singular or plural, shall have the meaning given to them below.
Client: means any natural person of legal age with full legal capacity to enter into these T&Cs, acting for their own needs and excluding any activity of intermediation, resale, distribution or similar of all or part of the Services.
Contract: means these T&Cs as well as the Special Conditions of the Booked Rate or the Cancellation Policy, as the case may be, as summarised in the Confirmation Email.
Special Conditions of the Booked Rate: means the specific conditions relating to booking, cancellation, no-show, minimum number of persons, guarantee for each Accommodation Service, which vary in particular depending on the season, which are available on the Website or communicated within the Tourist Guesthouse Le Madina at the time of booking and which are summarised in the Confirmation Email, as applicable.
Confirmation Email: means the confirmation email sent by Le Madina to the Client at the email address provided by the Client at the time of booking and/or purchase, containing a summary of the Contract and specifying in particular the booking conditions (Services booked, Special Conditions of the Booked Rate, price and applicable taxes, price of the Ancillary Services, rules applicable to the stay at the Tourist Guesthouse Le Madina, booking dates, guarantee) and/or the details of the order placed.
Le Madina Brand: means the word and/or figurative mark “Le Madina” as well as all other distinctive or graphic signs, registered or unregistered, used by Le Madina.
Parties: collectively means Le Madina and the Client.
Cancellation Policy: means the special conditions applicable to the modification and/or cancellation of a Catering Service (breakfast and meal orders) or Accommodation Service.
Privacy Policy: means the personal data protection policy.
Service(s): means the Accommodation Services, Catering Services (breakfast and meal orders) and other Ancillary Services offered to Clients by Le Madina on the Website.
Ancillary Services: means additional products and/or services offered to the Client when booking an Accommodation Service (such as, for example, board games, bouquet of flowers, etc.).
Accommodation Service: means the accommodation service (stay) within the Tourist Guesthouse Le Madina, for the duration and on the dates selected by the Client and under the conditions set out herein and/or on the Website.
Catering Service: means the catering service offered within the Tourist Guesthouse Le Madina (breakfast and/or meal orders).
ARTICLE 2 – PURPOSE
The Contract governs the contractual relationship between the Client and Le Madina with whom the Client makes a booking and/or purchase. The T&Cs are made available to the Client on the Website, where they can be consulted at any time. The Client may save and print the T&Cs using the standard features of their browser and/or computer. The T&Cs are also provided by Le Madina to the Client at the time of booking or purchase.
The T&Cs prevail over any other document regarding their subject matter, except for the Special Conditions of the Booked Rate or the Cancellation Policy, which prevail over the T&Cs in the event of any conflict.
The Contract constitutes the entire agreement between the Parties. No general or specific terms communicated by the Client shall be incorporated into or added to the Contract.
Prior to any booking of a Service, the Client is duly informed of the T&Cs and declares (i) that they are acting for personal purposes which do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, and (ii) that they have full legal capacity to agree to these T&Cs. Any booking implies the Client’s full and unreserved adherence to these T&Cs.
As a consumer, the Client has specific rights which would be undermined if the Services booked were for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity.
ARTICLE 3 – BOOKING
3.1. Booking process and acceptance of the Contract
A Service may be booked, as the case may be, via the Website, by telephone, by email, at the Tourist Guesthouse Le Madina or via a third party (e.g. travel agent, company, association, etc.).
Any booking and/or purchase implies that the Client has received, consulted and fully and unreservedly accepted the T&Cs.
In the case of a booking and/or purchase on the Website, Le Madina invites the Client to read carefully the T&Cs and the Special Conditions of the Booked Rate and/or the Cancellation Policy, as the case may be, and to tick the corresponding box before each booking and/or purchase.
To book a stay, the Client must provide accurate and complete information, such as their personal contact details, desired dates of stay, number of occupants, etc.
The Client acknowledges having acquainted themselves with the nature, purpose and booking methods of the Services and having requested and obtained the necessary and/or additional information to make their booking and/or purchase in full knowledge of the facts. Additional checks may be carried out directly with the Tourist Guesthouse Le Madina if necessary, via the “Contact” tab available on the Website.
For the avoidance of doubt, the Client is solely responsible for their choice of Services and their suitability for their needs; as such, the responsibility of the Tourist Guesthouse Le Madina cannot be sought in this respect.
It is expressly agreed between the Parties that any Service booking is nominative and may under no circumstances be transferred, in whole or in part, to a third party, whether free of charge or for consideration, or for commercial purposes.
The Client may book at the Tourist Guesthouse Le Madina, on the Website, by telephone or by email, on an individual basis and for personal needs, within the limit of four (4) rooms per night or thirty (30) nights or thirty-three thousand (33,000) euros per stay.
For bookings exceeding the above limits and for those concerning business groups, families or friends, etc., it is necessary to contact: contact@lemadina.com.
The Client is informed at the time of booking of the maximum occupancy capacity of the booked room category and may under no circumstances exceed this capacity. Where applicable, the Client must book an additional room.
3.1.1. Check-in policy
The Client may access the reserved room(s) from 3:00 pm onwards, except in the case of early check-in (additional fees may apply).
3.1.2. Check-out policy
The Client must vacate the reserved room(s) by 11:00 am at the latest, except in the case of late check-out (additional fees may apply).
3.2. Booking and/or purchase confirmation
Once the Client has booked a Service under the conditions of Article 3.1, the Client receives a Confirmation Email at the email address they provided.
For a Service booking, the booking will only be considered final after payment of the booking by the Client under the conditions set out in Article 6 of the T&Cs, except in the case of a booking guarantee as provided in Article 6.2.1 (i); in that case, the booking is considered final upon receipt by the Client of the Confirmation Email.
3.3. Card imprint / Guarantee
Le Madina will request a credit card imprint from the Client, in the amount of €400, at the time of booking as a guarantee, via the secure link provided by Le Madina to the email address indicated by the Client. Pre-authorisations are blocked on the day of arrival and are automatically released up to 30 days later, with a minimum blocking period of 7 days, subject to the compatibility of the card with this function.
3.4. Right of withdrawal
No right of withdrawal for the Services: It is recalled that, in accordance with Article L. 221-28, 12° of the French Consumer Code, the Client does not have the right of withdrawal provided for in Article L. 221-18 of the French Consumer Code for the Services covered by these T&Cs.
3.5. Cancellation or modification by the Client
The booked Services are subject exclusively to the cancellation and/or modification conditions provided for in the Special Conditions of the Booked Rate and the Cancellation Policy for the Services, as summarised in the Confirmation Email. The Client is advised to take out travel insurance that meets their needs.
Depending on the Special Conditions of the Booked Rate or the Cancellation Policy, Le Madina will be entitled to charge cancellation fees and, where applicable, all or part of the price of the booked Services, which will be deducted from any advance payments made or from the amount held as guarantee (where the booking has not been prepaid) and any remaining amounts will be invoiced to the Client. Le Madina also reserves the right to re-sell the relevant Service.
Deposits (amounts paid in advance) will not be refunded after the deadline set out in the Cancellation Policy and/or for modification of the booking, communicated to the Client in the Special Conditions of the Booked Rate or the Cancellation Policy at the time of booking and/or confirmation of the booking.
3.6. Cancellation by the Tourist Guesthouse Le Madina
If Le Madina decides not to perform the Contract, it is recalled that the Client–consumer is entitled to compensation equal to the amount of the deposit paid by the Client.
3.7. Accommodation Service – Interruption of stay
In any event, in the event of interruption of the stay by the Client for any reason whatsoever, including in the event of behaviour contrary to the rules of good conduct mentioned in Article 4.6, the Client shall be required to pay Le Madina the full price indicated in the Confirmation Email; no refund of any kind shall be granted for this reason.
In the event of prepayment, this amount will be retained from the amounts prepaid. Where the booking has not been prepaid, Le Madina will debit the amount due from the sums held as guarantee.
3.8. No-show
Depending on the Special Conditions of the Booked Rate or the Cancellation Policy, Le Madina will be entitled to charge cancellation fees and, where applicable, all or part of the price of the booked Services, which will be deducted from any advance payments made or from the amount held as guarantee (where the booking has not been prepaid). Le Madina also reserves the right to re-sell the relevant Service.
3.9. Irregular booking
Any booking or payment which is irregular, ineffective, incomplete or fraudulent, for a reason attributable to the Client, will result in the cancellation of the booking, without prejudice to any civil or criminal proceedings against the Client.
Depending on the Special Conditions of the Booked Rate or the Cancellation Policy, Le Madina will be entitled to charge cancellation fees and, where applicable, all or part of the price of the booked Services, which will be deducted from any advance payments made or from the amount held as guarantee (where the booking has not been prepaid). Le Madina also reserves the right to re-sell the relevant Service.
3.10. Complaints – Information
Complaints relating to a purchase and/or to the non-performance or poor performance of the Services must, in order to facilitate their handling, be brought to the attention of the Tourist Guesthouse Le Madina in writing using the contact details indicated in the “Contact” tab on the Website.
ARTICLE 4 – CONDITIONS OF STAY AT THE TOURIST GUESTHOUSE LE MADINA AND OTHER CONDITIONS APPLICABLE TO THE SERVICES
4.1. Client Form
In accordance with Article R. 611-42 of the French Code de l’entrée et du séjour des étrangers et du droit d’asile, the Client authorises Le Madina to pre-fill the individual police form called the “Client Form” with the information obtained when booking. The Client will check the accuracy of the pre-filled information and sign said form on arrival (check-in).
4.2. Pets
At the discretion of the Tourist Guesthouse Le Madina, certain pets are accepted under specific conditions, subject to prior written approval and only when booking the Scandy Room.
By way of example, dogs weighing less than nine (9) kg may be accepted, limited to one (1) dog only, and only on the terrace of the Scandy Room and per night, subject to prior written approval. A fee of twenty (20) euros per night will be charged.
Dogs of categories 1 and 2 (as defined under French law) are prohibited in the establishment.
For hygiene reasons, unless otherwise indicated by Le Madina, dogs are not allowed in the kitchen and dining area as specified by Le Madina, nor, where applicable, in the entrance hall; this list may be amended at any time.
In any event and unless otherwise stipulated, pets must be muzzled and kept on a leash in the common areas of the Tourist Guesthouse Le Madina.
It is also forbidden to leave pets alone on the room terrace or unsupervised when their owner is outside the Tourist Guesthouse Le Madina. The Client must also ensure that pets do not damage the terrace or its furniture and that they respect the tranquillity of the establishment at all times.
The pet owner’s liability will be directly engaged in the event of damage or nuisance caused by the animal affecting Le Madina, third parties, employees or other Clients of the Tourist Guesthouse Le Madina. The cost of any damage caused during the stay may be charged to the Client.
Rules relating to the tranquillity and safety of Clients are assessed at the discretion of Le Madina.
4.3. Children
Children must be supervised by their parents or a responsible adult. The Client also undertakes to ensure that children under their responsibility respect the tranquillity of the establishment at all times.
Subject to availability, Le Madina will provide the Client (parent or responsible adult), at the Client’s request when booking their room and under the financial conditions communicated to the Client, with a connecting room for their children under 14 years of age. In any event, the Client is informed that children under 14 cannot stay alone in a non-connecting room.
4.4. Parking
Clients of the Tourist Guesthouse Le Madina may park in the street, in front of the guesthouse or in the adjacent car parks.
4.5. Wi-Fi and network access
Use of Wi-Fi is free of charge for Clients.
Illegal downloading is strictly prohibited and is the responsibility of the Client. The Client must comply with the security policy of the Tourist Guesthouse Le Madina, including the rules for using the security measures implemented to prevent unlawful use of IT resources, and must refrain from any act that may undermine the effectiveness of these measures.
The Client undertakes that the IT resources made available by Le Madina will in no way be used for the purpose of reproducing, representing, making available or communicating to the public works or any objects protected by intellectual property rights or related rights without the prior authorisation of the rights holders for any protected content under the provisions of the French Intellectual Property Code. The Client will indemnify Le Madina at their own expense against any action and/or claim from a third party alleging the infringement of an intellectual property right and will bear all associated costs and damages.
In this respect, the Client shall in particular indemnify all losses, damages or costs (including reasonable legal fees and expenses) incurred by Le Madina in connection with such an action, as well as all amounts paid under settlements and/or damages that Le Madina may be ordered to pay.
4.6. Rules of good conduct
The Client accepts and undertakes to use the premises of the Tourist Guesthouse Le Madina as a reasonable person and in a manner that respects the image of the Tourist Guesthouse Le Madina. Furthermore, the Client undertakes not to disturb the tranquillity of the Tourist Guesthouse Le Madina. Parties are not permitted. Any behaviour contrary to public decency, public order, or to the image and reputation of the Tourist Guesthouse Le Madina may authorise Le Madina to ask the Client to leave the establishment immediately and without any compensation. The Client shall be required to pay Le Madina the full price indicated in the Confirmation Email and no refund or compensation of any kind shall be granted for this reason.
If no payment has yet been made, the Client must pay for the services consumed before leaving Le Madina.
4.7. Damage and loss
During the stay, the Client is generally responsible for the cleanliness and condition of the accommodation and in particular of the room made available, as well as its furniture.
The Client undertakes to use the premises of the Tourist Guesthouse Le Madina made available to them appropriately and not to cause any damage, returning them in a condition of cleanliness consistent with their condition at the time of the Client’s first access to the premises.
In general, the Client is responsible for the consequences resulting from their negligence, faults, mistakes, and more generally for any direct or indirect, material or immaterial damage caused to third parties or to Le Madina and arising in connection with the Services.
In the event of damage or deterioration not reported before the Client’s departure (check-out), Le Madina reserves the right to debit the amount necessary for repair work as well as any related costs due to the unavailability of the room during this period. Le Madina will provide the Client with an invoice for these costs.
The Client undertakes not to cause harm to the Tourist Guesthouse Le Madina in general, not to disrupt the operation of the Tourist Guesthouse Le Madina, and not to jeopardise the safety of the Tourist Guesthouse Le Madina or of the people present there; Le Madina reserves the right to intervene if necessary.
4.8. Security
Clients are advised to exercise caution, particularly with regard to valuable items. In particular, Clients are advised not to leave any valuables visible (especially in rooms, common areas or vehicles parked in front of Le Madina).
Le Madina declines all liability in the event of theft, loss or damage to the Client’s valuables.
The Client undertakes to inform the Manager of the Tourist Guesthouse Le Madina before their departure (check-out) if, during their stay, they suffer an accident or if any of their valuables are damaged, lost or stolen.
4.9. Non-smoking policy
Since 2 January 2008, smoking has been prohibited in closed and covered public places in France. Consequently, smoking is prohibited throughout the Tourist Guesthouse Le Madina, which is a completely non-smoking establishment.
Therefore, if a persistent smell of smoke is detected in the room after the Client’s departure, an additional night (charged at the rate of the last night) will automatically be applied at the time of the Client’s departure (check-out) to cover the cleaning costs of the room and to compensate for Le Madina’s inability to receive a new client in said room. The Client is informed that smoking is exceptionally permitted on the terrace at the entrance of the establishment Le Madina and on the terrace of the Scandy Room, if it has been booked.
4.10. “Inoperative” clients policy
Le Madina processes personal data under the conditions set out in the Privacy Policy available here, for the purposes of preventing and ensuring the security of property and persons and combating unpaid bills. In this context, Le Madina may decide to classify as “inoperative” any client whose inappropriate behaviour falls within the following categories: aggression and incivility, breach of contract, breach of safety rules, theft, damage and vandalism or payment incidents. This data is mandatory. The inoperative status may lead Le Madina that entered such classification to refuse future bookings from the Client when they present themselves again at the Tourist Guesthouse Le Madina, for a period, depending on the reasons, of between 122 days and 450 days (in the event of violence towards staff and/or customers, fighting within the premises of the Tourist Guesthouse Le Madina, insulting, threatening or menacing behaviour towards staff and/or customers, noisy behaviour disturbing customers, disabling safety and/or security equipment, misuse of safety equipment or any other action posing safety risks to staff and/or customers).
ARTICLE 5 – DESCRIPTION OF THE SERVICES
The Website allows the Client to book one or more Service(s) at the Tourist Guesthouse Le Madina. The essential characteristics of the Services are described on the Website.
The photographs presented on the Website for the Service are for information purposes only. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Tourist Guesthouse Le Madina and/or the Services provide an as accurate as possible overview of the accommodation services, etc. offered, variations may occur, particularly due to changes in furniture or renovation work.
In case of doubt or to obtain additional information about the Services, Le Madina may be contacted by email or telephone via the “Contact” tab on the Website.
In any event, Le Madina cannot be held liable for non-material errors that may occur in this respect.
The Website also provides the following information:
the essential characteristics of the Services offered;
the Ancillary Services offered, where applicable;
the prices;
the payment terms;
the T&Cs, as well as the Special Conditions of the Booked Rate and/or the Cancellation Policies, where applicable.
ARTICLE 6 – FINANCIAL CONDITIONS
6.1. Price of the Services
For Accommodation Services, the price relating to the booking is indicated before, during and after the booking and is per room, for the number of person(s), the dates and the Accommodation Services and, where applicable, the Ancillary Services selected by the Client.
For Catering Services (breakfast and meal orders), the prices of the services are indicated on the Website.
Depending on the applicable Cancellation Policy, certain fees may be charged to the Client in the event of cancellation of the booking or no-show.
The price of the Services is indicated on the Website in euros and includes all taxes, except for any taxes specified in the Special Conditions of the Booked Rate and recalled in the Confirmation Email (in particular service charges, etc.), which must be paid directly on site at the Tourist Guesthouse Le Madina.
The price of the Services only includes the services expressly mentioned in the Confirmation Email. Any additional services to the Services that may be provided by Le Madina during the Client’s stay and/or their Catering Service and/or Ancillary Services will be added to the price mentioned in the Confirmation Email.
Le Madina pays particular attention to the accuracy of the Service prices displayed on its Website. However, in the event of an obvious pricing error, Le Madina reserves the right not to provide the Services whose price is manifestly incorrect. In this case, Le Madina will inform the Client and, as the case may be, will send them a new Confirmation Email if the Client wishes to maintain their booking at the actual applicable price, or will cancel the relevant Services and refund the price pre-paid by the Client, if any.
Le Madina may amend the prices indicated on the Website at any time and without notice. However, the amended prices will only apply to bookings made after the new prices come into effect.
6.2. Payment terms
6.2.1. Payment for the Services
Regardless of any payment instructions, the Client declares themselves personally responsible for payment where the person, company or association (indicated at the time of booking and presenting itself as guarantor for the payment of the Service fees) fails to pay some or all of the Service fees on behalf of the Client.
Payment for Service bookings is made by bank card (Visa, MasterCard, American Express, etc.) directly on the Website or via the secure link provided by Le Madina to the email address indicated by the Client, or by bank transfer only. All bank cards are accepted. Bank fees may vary depending on the card used.
Le Madina may accept different means of payment, but the Client must present at the Tourist Guesthouse Le Madina the bank card used to guarantee the booking or to make the prepayment. Le Madina may also request an identity document for the purposes of preventing credit card fraud. Payment for the Services may be made in cash (only in the case of payment on site at the Tourist Guesthouse Le Madina and within the cash payment limits set by French legislation).
When booking a Service and/or upon the Client’s departure (check-out), in accordance with the conditions communicated on the Website, in the General Terms and Conditions of Sale, in the Special Conditions of the Booked Rate and in the Cancellation Policy, the Client provides their banking details via the secure link provided by Le Madina to the email address indicated by the Client in order to (i) guarantee their booking of the Services, or (ii) prepay all or part of the Services before their stay, or (iii) finalise the check-out procedure. These payment conditions are recalled in the Confirmation Email.
The guarantee/prepayment policy varies according to the Service and the pricing policy applicable to the booked rate.
(i) Reservation guarantee for the Services
If provided for in the Special Conditions of the Booked Rate, the Client does not pay for the Services at the time of booking on the Website but provides their banking details as a guarantee only, via the secure link provided by Le Madina to the email address indicated by the Client. In this case, the Client’s bank card is not debited at the time of booking on the Website and the Client pays for their booking on site directly at the Tourist Guesthouse Le Madina.
In addition, for a stay booking, on the day of arrival (check-in), Le Madina may request a credit card imprint from the Client as a guarantee for the total amount of services consumed during the stay and to cover any damage caused by the Client. At the time of the imprint, a pre-authorisation will be carried out on the credit card (in an amount indicated in the Special Conditions of the Booked Rate or the Cancellation Policy, as the case may be) for all the booked services and a provision for the services consumed, for the purposes of (i) verifying the bank card (in which case the amount is refunded to the Client within the timeframe applied by the Client’s bank) and/or (ii) blocking an amount that may be debited by Le Madina in the event of late cancellation or no-show by the Client (according to the conditions set out in Article 3.7 hereof and the policy set out in the Special Conditions of the Booked Rate and/or the Cancellation Policy).
(ii) Prepayment of the Services
According to the Special Conditions of the Booked Rate and the Cancellation Policy, payment is made:
either in full at the time of booking;
or in part at the time of booking. This prepayment will be considered a deposit. The Client will be invited to pay the balance of their booking before the cancellation deadline indicated in the Special Conditions of the Booked Rate and/or the Cancellation Policy recalled in the Confirmation Email. For payment of the booking balance, payments may be made by bank card via the secure link provided by Le Madina to the email address indicated by the Client, or by bank transfer and in euros only. Le Madina cannot be held liable for any additional fees charged by banking institutions in this respect. In the event of payment by bank transfer, the Client must ensure that their name and dates of stay are indicated on the transfer order and must send the Tourist Guesthouse Le Madina a copy of the payment confirmation issued by the Client’s bank. Le Madina reserves the right to cancel the booking without notice if the required deposit and/or balance payment for the booking is not paid within the specified time limits.
If, for any reason whatsoever (objection, refusal by the issuing centre, etc.), the debit of the sums due by the Client proves impossible, the booking will be immediately cancelled. The Client will be informed by email at the address provided at the time of booking.
It is the Client’s responsibility to save and print their payment certificate if they wish to keep their bank details relating to their transaction.
It is specified that the prepayment of Services considered as deposits may be refundable or non-refundable depending on the Special Conditions of the Booked Rate/Cancellation Policy. Where deposits are refundable, they will be refunded to the Client if they cancel before the cancellation deadline specified in the Cancellation Policy. In the event of cancellation by the Client after said cancellation deadline, no refund of the deposits will be made, without prejudice to any debit/payment of the balance due for the booked Services. Where deposits are non-refundable, they will be retained by Le Madina regardless of the date of cancellation by the Client, as they are paid in consideration of the exercise of the right of withdrawal (without prejudice to any debit/payment of the balance due for the booked Services).
Where the Client has not prepaid the full amount of the stay by the time of departure (check-out), the balance of the total amount of the stay including taxes will be debited and/or invoiced upon the Client’s departure.
In all cases, upon the Client’s departure (check-out), any other Services and Ancillary Services consumed by the Client during the stay will also be invoiced to them.
It is specified that for stays of more than one week, Services are invoiced every seven (7) days at the latest.
6.2.2. Debit at check-out or after check-out
If certain amounts have not been fully paid on the day of departure, Le Madina may invoice and debit these amounts within ten (10) days of check-out, using the imprint made at the time of booking or at check-in, for example (this list being non-exhaustive) for unpaid services consumed, transfers, damage, breakage, theft, non-payment, sending forgotten items, Client laundry services, loss of room keys, etc.
ARTICLE 7 – INTELLECTUAL PROPERTY
The Le Madina Brand and all figurative or non-figurative marks and, more generally, all other brands, illustrations, images and/or logos appearing at the Tourist Guesthouse Le Madina, on the products and services sold by Le Madina, their accessories or their packaging, whether registered or not, are and remain the exclusive property of Le Madina.
The Website and all graphic, textual, visual and photographic elements displayed thereon, including in particular all illustrations, figurative or non-figurative marks, logos, images, drawings, photographs, fonts, texts, decorations, layouts, graphics or any other element of the Website (hereinafter the “Content”) are and remain the exclusive property of Le Madina and are protected in particular by intellectual property rights.
The Le Madina Brand, the Website and/or its Content may under no circumstances be modified, reproduced, represented, distributed, displayed, marketed, integrated into a derivative work or otherwise, in whole or in part, on any medium whatsoever. Generally, the Le Madina Brand, the Website and its Content may only be used in the context of browsing the Website and, where applicable, for making a booking or placing an order.
The use of all or part of the Le Madina Brand, the Website and/or its Content, including by downloading, reproducing, transmitting or representing for purposes other than those provided for in these T&Cs is strictly prohibited.
ARTICLE 8 – PERSONAL DATA
As part of the performance of the Services or the processing of an order, Le Madina processes Clients’ and Website users’ personal data under the conditions set out in the Privacy Policy available here.
ARTICLE 9 – FORCE MAJEURE
The Parties agree to apply Article 1218 of the French Civil Code and the case law of the French courts.
For the avoidance of doubt, events of personal convenience are not considered events of force majeure.
ARTICLE 10 – EVIDENCE AGREEMENT
In any event, and in particular in the event of a dispute, Le Madina may validly provide evidence of the Client’s actions, validations and instructions, including the entry of the required banking details, and of the contents of the messages and operations of Clients, using the connection logs kept in the company’s IT systems, which the Client acknowledges.
ARTICLE 11 – CHANGES / AMENDMENTS TO THE T&Cs
Le Madina invites the Client to read the T&Cs carefully before each booking and/or purchase, as they may have been amended.
The T&Cs may be amended and/or supplemented at any time by Le Madina. In such cases, the new version of the T&Cs will be posted on the Website in a readable and accessible format to allow the Client to access and easily become acquainted with them.
The amended/supplemented T&Cs will take effect from the time they are posted online on the Website and will automatically apply only to purchases and/or bookings made after they are posted online. Purchases and/or bookings made before the posting date will be governed by the previous version of the T&Cs.
The Client may keep these T&Cs on a durable medium by printing them.
ARTICLE 12 – GENERAL PROVISIONS
If any provision of the Contract is declared null, unenforceable or inapplicable by any competent court, the other provisions shall remain valid, applicable and enforceable unless otherwise ordered by said court.
The fact that one of the Parties does not invoke a right or a breach by the other Party shall not be construed as a waiver of such right or breach in the future. Any waiver shall only be binding if it has been expressly made in writing by the waiving Party to the other Party.
Clause headings are for convenience only; in the event of any inconsistency between such headings and their content, the content shall prevail.
The fact that Le Madina does not invoke any provision of the Contract at any given time may not be interpreted as a waiver of its right to invoke it at a later date.
If the T&Cs are translated into another foreign language, the French language shall prevail over any other translation in the event of a dispute, litigation, difficulty of interpretation or performance of these conditions and, more generally, concerning the relationship between the Parties.
ARTICLE 13 – APPLICABLE LAW AND DISPUTE RESOLUTION
13.1.
The Contract is governed by and interpreted in accordance with French law, in accordance with Regulation (EC) No 593/2008 of 17 June 2008, without prejudice to any mandatory protective provisions that may apply in the consumer’s country of residence.
13.2.
Any Client wishing to exercise their right of withdrawal in accordance with Article 3.4.2 or in the event of a dispute relating to the application and/or interpretation of the Contract or the Services undertakes to first contact the Customer Relations Department of the relevant Tourist Guesthouse Le Madina, whose contact details are as follows:
LE MADINA – Customer Relations Department
08 rue Hibiscus – 97615 Pamandzi, Mayotte
Mobile: +262 639 09 42 80
Email: contact@lemadina.com
13.3.
In the event of a dispute between Le Madina and the Client, they shall endeavour to find an amicable solution.
Failing an amicable agreement, the Client is informed that they may use a conventional mediation procedure or any other alternative dispute resolution method.
The Client remains free to resort or not to mediation.
In the event that Le Madina resorts to mediation, the Client is also free to accept or refuse mediation.
Once the mediator’s decision has been issued, each Party is free to accept or refuse the solution proposed by the mediator.
In the event of a dispute relating to the performance of an order (Services), if the Client is a final consumer who is a natural person, they may use, free of charge, a conventional mediation procedure or any other alternative dispute resolution method.
13.4.
Any difficulties relating to the interpretation, performance or termination of the Contract, the general terms and conditions of sale or the Services shall, failing an amicable agreement under the above conditions, be submitted to the exclusive jurisdiction of the competent courts of Mamoudzou, even in the event of summary proceedings, third-party notice or multiple defendants. Only the laws applicable in the department of Mayotte shall apply to any disputes relating to this Contract.
Le Madina reserves the right to seek and obtain injunctions or orders to protect its rights under these T&Cs.
By accepting the above general terms and conditions of sale, the Client consents to the processing of their personal data in accordance with the GDPR in order to receive commercial and marketing communications by SMS and email from “Le Madina”.
