General terms and conditions | Hôtel Arawak Beach Resort, Guadeloupe

Order with payment obligation

Article L. 221-14 of the French Consumer Code states that:

“For contracts concluded by electronic means, the professional reminds the consumer, before he places his order, in a legible and comprehensible manner, of the information relating to the essential characteristics of the goods or services which are the subject of the order, their price, the duration of the contract and, where applicable, the minimum duration of the latter’s obligations under the contract, as provided for in article L. 221-5.

The professional ensures that the consumer explicitly acknowledges his obligation to pay when placing an order. To this end, the function used by the consumer to validate his order includes the clear and legible mention: order with obligation of payment or a similar formula, devoid of any ambiguity, indicating that the placing of an order obliges its payment.

E-commerce sites shall indicate clearly and legibly, at the latest at the start of the order process, the means of payment accepted by the professional and any delivery restrictions.”

Right of withdrawal

Article L. 221-28 defines the cases in which the right of withdrawal cannot be exercised.

Article L.221-28-12° of the French Consumer Code stipulates that for contracts for “the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time”, the consumer does not benefit from the right of withdrawal when contracting at a distance.

However, article L.221-5 of the French Consumer Code stipulates that:

“Prior to the conclusion of a contract of sale or supply of services, the professional communicates to the consumer, in a legible and comprehensible manner, the following information:

1° The information specified in articles L. 111-1 and L. 111-2 ;

2° Where the right of withdrawal exists, the conditions, time limit and procedures for exercising this right, as well as the standard withdrawal form, the conditions of presentation and particulars of which are laid down by decree by the Conseil d’Etat;

3° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, due to their nature, they cannot normally be returned by post;

4° Information on the consumer’s obligation to pay a fee when exercising his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; this fee is calculated in accordance with the procedures set out in article L. 221-25.

5° Where the right of withdrawal cannot be exercised in application of article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal; (…)”.

Consequently, in the context of distance selling of the services we offer, the consumer does not and cannot exercise his right of withdrawal.

Information about the mediator

Article L. 616-1 of the French Consumer Code states that: “All professionals shall inform consumers, in accordance with the procedures laid down by decree of the Conseil d’Etat, of the contact details of the competent mediator(s) within their jurisdiction.”

Article R. 616-1 of the same code stipulates that: “In application of article L. 616-1, the professional communicates to the consumer the contact details of the consumer mediator(s) to whom he is answerable, by recording this information in a visible and legible manner on his website, on his general terms and conditions of sale or service, on his order forms or, in the absence of such media, by any other appropriate means. It also mentions the website address of the mediator(s).

Information on cold calling

Article L. 223-2 of the French Consumer Code stipulates that:

“When a professional collects telephone data from a consumer, he informs the consumer of his right to register on the opposition list against telephone solicitation.

When this information is collected at the time of concluding a contract, the contract mentions, in a clear and comprehensible manner, the existence of this right for the consumer.”