General terms and conditions of sale
1. PURPOSE AND SCOPE
These General Terms and Conditions of Sale, hereinafter referred to as the “Terms and Conditions”, are intended to define the conditions under which Magic Surf House provides accommodation services to its customers.
These Terms and Conditions, together with the information provided at the time of booking and the booking confirmation sent to the customer, constitute the contract entered into between Magic Surf House and the customer.
By making a booking, the customer acknowledges having read and accepted these Terms and Conditions without reservation.
All bookings must be made by an adult who has the legal capacity to enter into a contract.
Minors must stay under the responsibility of their legal representative or a duly authorised adult.
Magic Surf House reserves the right to refuse a booking for a legitimate reason, including unavailability, failure to make payment, exceeding the maximum authorised occupancy of the accommodation, or a history of behaviour resulting in damage or significant disturbance within the establishment.
2. BOOKING
Bookings may be made, in particular, through the Magic Surf House website.
A booking only becomes firm and final once the full amount requested at the time of booking has been paid and the booking has been confirmed by Magic Surf House.
If payment is declined, incomplete or not validated, the booking shall not be considered confirmed.
The customer is responsible for the accuracy of the information provided at the time of booking, including their identity, contact details, dates of stay and the number of people occupying the accommodation.
Under no circumstances may the accommodation be occupied by more people than its stated maximum capacity.
3. RATES
Accommodation rates are stated in euros.
The accommodation services concerned are not subject to VAT.
The applicable price is the price indicated to the customer at the time of booking.
Any subsequent change to Magic Surf House rates shall not affect bookings that have already been confirmed and paid for.
Rates applicable to new bookings may be changed at any time, depending in particular on the period, length of stay, demand and economic conditions.
Tourist tax
The tourist tax is not included in the accommodation price unless otherwise stated at the time of booking.
It is added to the cost of the stay and calculated in accordance with the rates and rules in force as determined by the competent authorities, depending in particular on the number of persons liable for the tax and the number of nights.
Any applicable exemptions shall be applied in accordance with the regulations in force.
The tourist tax is collected by Magic Surf House on behalf of the competent local authority.
Depending on the booking process used, it may be paid directly at the time of booking or separately before or during the stay.
4. PAYMENT TERMS
The full amount of the stay is payable at the time of booking.
Payment is made directly at the time of booking using the payment methods offered on the Magic Surf House website.
The booking only becomes final once full payment for the stay has been validated.
An invoice corresponding to the amounts paid may be sent to the customer.
Any additional service, consumption, damage or expense not included in the initial booking amount must be paid no later than the time of departure.
5. NO RIGHT OF WITHDRAWAL
In accordance with the provisions of the French Consumer Code applicable to accommodation services provided on a specific date or during a specific period, the customer does not benefit from the 14-day withdrawal period applicable to certain distance contracts.
Consequently, once the booking has been confirmed, it is immediately subject to the cancellation and amendment conditions set out in these Terms and Conditions.
6. CHANGES TO THE STAY AT THE CUSTOMER’S REQUEST
Any request to amend a booking must be submitted to Magic Surf House in writing, in particular by email.
Any amendment to the dates, duration of the stay, number of guests or accommodation booked is subject to the prior approval of Magic Surf House and to availability.
Magic Surf House is under no obligation to accept a request for amendment.
Where an amendment is accepted, any difference in price will be communicated to the customer before confirmation.
A request for amendment may not have the purpose or effect of circumventing the cancellation conditions applicable to the original booking.
In particular, where a request to change the dates is made after the booking has already entered a period subject to cancellation charges, the conditions applicable to the original booking shall remain in force unless otherwise agreed in writing by Magic Surf House.
Once the new dates have been accepted by Magic Surf House and the customer, they shall become final.
7. CANCELLATION BY THE CUSTOMER
Any cancellation must be communicated to Magic Surf House in writing, in particular by email.
The date on which Magic Surf House receives the written cancellation request shall be used to determine the applicable cancellation conditions.
Cancellation 30 days or more before the start of the stay
If the booking is cancelled at least 30 days before the scheduled arrival date, the amounts paid will be refunded, less the fixed administrative and processing fee specified below.
Cancellation less than 30 days before the start of the stay
If the booking is cancelled less than 30 days before the scheduled arrival date, cancellation charges shall amount to 50% of the total price of the stay.
Any remaining balance shall be refunded to the customer after deduction of the administrative and processing fee specified below.
Cancellation less than 5 days before the start of the stay
If the booking is cancelled less than 5 days before the scheduled arrival date, cancellation charges shall amount to 100% of the total price of the stay.
No refund for the stay shall therefore be made.
No-show
In the event that the customer fails to arrive on the scheduled date without having cancelled beforehand, the full amount of the stay shall remain payable to Magic Surf House.
Early departure
Any stay that has commenced and is subsequently shortened at the customer’s initiative shall be considered a partial cancellation.
Unused nights or services shall not be refunded, except where mandatory legal provisions require otherwise or where Magic Surf House exceptionally agrees to do so.
Medical reasons or death of a close relative
In the event that the customer is unable to travel for duly documented medical reasons or due to the death of a close relative up to the second degree, Magic Surf House may, upon presentation of supporting documentation, offer to postpone the stay to a later date.
Any postponement remains subject to Magic Surf House availability and does not automatically entitle the customer to a refund.
Refund processing fee
In the event of a full or partial refund following cancellation by the customer, a fixed administrative and processing fee of €15 shall be deducted.
This fee shall not apply where the refund is required as a result of cancellation by Magic Surf House or where a legal provision requires a full refund without charge.
8. WILDFIRES, EXCEPTIONAL EVENTS AND ACCESS RESTRICTIONS
The occurrence of a wildfire, natural disaster, weather event, health risk, public disorder or any other exceptional event affecting Lacanau, the Gironde department or the surrounding region does not automatically entitle the customer to free cancellation, a refund or postponement of the stay.
The standard cancellation conditions set out in these Terms and Conditions shall remain applicable provided that:
the booked accommodation remains open, accessible and habitable;
Magic Surf House is able to provide the booked service;
no mandatory administrative decision effectively prohibits access to the municipality of Lacanau or to the accommodation.
The following circumstances, in particular, shall not in themselves automatically entitle the customer to a refund, free cancellation or postponement:
the presence of a wildfire or other exceptional event in the region or near Lacanau;
an alert or precautionary recommendation;
a recommendation to avoid or limit travel within the Gironde department or the region;
the closure of certain roads where another route makes it reasonably possible to reach Lacanau;
traffic difficulties or delays;
the cancellation, delay or modification of a train, flight, bus or any other means of transport used by the customer;
the customer’s personal decision not to undertake the stay where the accommodation remains accessible and Magic Surf House remains able to provide the service.
Official access prohibition or evacuation
Cancellation or reimbursement without application of the penalties set out above may in particular apply where an official and mandatory decision issued by a competent administrative authority effectively prohibits access to the municipality of Lacanau or to the accommodation during the booked period.
Such a decision may in particular take the form of:
a municipal order;
a prefectural order;
a decree;
an official evacuation order;
or any other mandatory administrative measure that effectively makes access to the accommodation or the stay impossible.
The same shall apply where the accommodation becomes physically uninhabitable or inaccessible and Magic Surf House is no longer able to provide the booked service.
Where the prohibition or impossibility affects only part of the stay, any refund shall be limited to the nights that Magic Surf House is actually unable to provide.
If the access prohibition, evacuation order or inability to access the accommodation is lifted before the start of the stay and the accommodation is once again accessible and available on the booked dates, the standard cancellation conditions set out in these Terms and Conditions shall apply.
Any request made on these grounds must be capable of being supported by an official decision or any other evidence establishing the actual impossibility of accessing or staying in the accommodation.
These provisions apply without prejudice to the statutory rules governing force majeure.
9. AMENDMENT OR CANCELLATION BY MAGIC SURF HOUSE
Magic Surf House may be required to amend or cancel a booking where it is no longer able to provide the booked service, in particular due to an external event beyond its control, a major technical issue, an incident, an administrative decision or any other circumstance rendering the accommodation unavailable, inaccessible, uninhabitable or unsafe.
Where Magic Surf House is unable to provide the accommodation before the start of the stay, the customer will be informed as soon as possible.
Where possible, Magic Surf House may offer the customer:
postponement of the stay;
alternative accommodation;
or another equivalent solution.
The customer remains free to accept or refuse the proposed solution.
In the event of refusal, or where no satisfactory alternative can be offered, the amounts corresponding to the services that Magic Surf House is unable to provide shall be refunded without administrative fees or penalties.
Where Magic Surf House becomes unable to provide the service during the stay, the nights that it can no longer provide shall be refunded unless an alternative solution accepted by the customer is provided.
10. FORCE MAJEURE
Magic Surf House shall not be held liable where an obligation cannot be performed due to an event meeting the legal criteria for force majeure under French law.
Where the impediment is temporary, performance of the obligations may be suspended for the duration of the impediment where legally and materially possible.
Where the impediment makes performance of the service permanently impossible, the consequences provided for by the applicable legal provisions shall apply.
11. ARRIVAL AND DEPARTURE
Arrival and departure times are those indicated at the time of booking or communicated to the customer before the stay.
The customer agrees to comply with these times.
Any early arrival or late departure is subject to the prior approval of Magic Surf House and to operational and cleaning constraints.
The customer must return the accommodation and any keys provided to them at the time of departure.
12. LIABILITY AND INSURANCE
Magic Surf House holds insurance covering its liability in connection with the operation of its business, subject to the limits and conditions of its insurance policy.
Customers are responsible for holding personal liability insurance covering any bodily injury or property damage they may cause during their stay.
Customers are also advised to hold personal insurance covering, in particular, cancellation of the stay, accidents, theft and damage to personal belongings.
Magic Surf House cannot be held liable for non-performance or improper performance directly attributable to the customer, a third party or an event meeting the legal criteria for force majeure.
13. HOUSE RULES AND CONDUCT
The customer agrees to comply with the Magic Surf House house rules and all safety and communal living rules applicable within the establishment.
The person who made the booking is responsible for ensuring compliance with these rules by all persons occupying the accommodation under their booking.
Guests must comply with French laws and regulations and respect the peace and quiet of neighbours and other occupants.
Any violent, threatening, dangerous or clearly disrespectful behaviour, or behaviour causing significant disturbance, may result in intervention by the competent authorities and, where justified by the seriousness of the situation, early termination of the stay without refund.
14. CLEANLINESS AND USE OF THE ACCOMMODATION
The apartments must be used with care and maintained in a reasonable state of cleanliness.
On departure, customers must comply with the instructions provided by Magic Surf House.
Customers may in particular be asked to:
strip the beds and gather used linen together;
empty and put away the dishes;
dispose of and sort waste;
return furniture to its original position;
leave the accommodation in a reasonable state of cleanliness;
report any breakage, damage or anomaly.
Waste must be sorted in accordance with the instructions provided on site.
Where access to the waste storage area requires a key, the key must be requested from reception.
Any communal areas must be left clean after use and used reasonably in order to preserve the comfort of all guests.
15. NOISE AND QUIET HOURS
Between 10:00 p.m. and 7:00 a.m., particular attention must be paid to noise levels in order to preserve the rest of other guests and neighbours.
Gatherings, parties or behaviour generating significant noise disturbance are not permitted where they interfere with the peace and quiet of the establishment or neighbourhood.
16. ALCOHOL CONSUMPTION
Alcohol consumption is permitted in the apartments and in areas where it is not expressly prohibited, provided that consumption remains responsible and does not compromise the peace, safety or comfort of other occupants.
Dangerous or aggressive behaviour, or behaviour causing disturbance as a result of excessive alcohol consumption, may result in the measures provided for under the house rules.
17. SAFETY
In the event that the fire alarm is activated or an evacuation order is issued, guests must immediately leave their accommodation and proceed to the assembly point indicated by Magic Surf House.
All safety instructions displayed within the establishment must be observed.
18. LOSS, THEFT AND PERSONAL BELONGINGS
Customers remain responsible for their personal belongings throughout their stay.
Magic Surf House shall not be held liable for the loss, theft or damage of personal belongings unless a fault giving rise to legal liability on its part is established.
Customers are advised not to leave valuables or significant amounts of cash unattended in the accommodation or communal areas.
19. DAMAGE
The person who made the booking is responsible for any damage, loss or deterioration caused to the accommodation, furniture, equipment or common areas by themselves or by other persons staying under their booking.
Any damage identified may result in a charge corresponding to the actual cost of repair, exceptional cleaning or replacement of the item concerned.
Customers are required to report as soon as possible any breakage, deterioration or damage discovered or caused during their stay.
20. PARKING
Where the booking expressly includes a parking space, that space is reserved for the relevant customers for the duration of their stay.
A parking space shall not be considered included unless it is specified in the accommodation description or booking confirmation.
No vehicle may remain parked in a Magic Surf House parking space after the end of the stay without prior approval.
Magic Surf House shall not be held liable for theft from or damage to a vehicle or its contents unless a fault giving rise to its legal liability is established.
21. ACCOMMODATION SERVICES
The booking relates to the accommodation specified at the time of booking and in the confirmation sent to the customer.
Bed linen is provided for all stays unless otherwise stated at the time of booking.
Photographs and descriptions of the accommodation are intended to present its general characteristics.
Minor variations in decoration, furniture or certain equipment may occur without constituting a substantial modification of the service, provided that the essential characteristics of the booked accommodation are maintained.
22. PERSONAL DATA
Magic Surf House collects and processes personal data provided by customers in particular for the purposes of:
managing bookings;
providing stays;
managing payments and invoicing;
communicating with customers;
handling requests and complaints;
complying with accounting, tax and legal obligations;
managing any disputes.
Data is retained for the periods necessary to fulfil these purposes and in accordance with applicable legal requirements.
It may be transmitted to service providers involved in the booking and stay, including technical, booking and payment providers, insofar as necessary for the performance of their duties.
In accordance with the applicable personal data protection regulations, data subjects have, depending on the circumstances, rights including access, rectification, erasure, restriction and objection.
These rights may be exercised by contacting Magic Surf House:
Magic Surf House
10 route du Lion
33680 Lacanau Océan
France
Email: magicsurfhouse@gmail.com
Data subjects may also lodge a complaint with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL).
23. PHOTOGRAPHS AND IMAGE RIGHTS
Booking or staying at Magic Surf House does not automatically authorise Magic Surf House to use an identifiable customer’s image for commercial or promotional purposes.
Where a person is identifiable, Magic Surf House may request their authorisation before using their image for communication purposes, including on its website, social media, advertising materials or brochures.
For minors, permission from their legal representative(s) will be requested where required.
Refusal to authorise the use of one’s image shall have no effect on the booking or the services provided.
24. COMPLAINTS
Any issue encountered during the stay must be reported to Magic Surf House as soon as possible so that, where possible, it can be resolved promptly.
Any complaint relating to a booking or stay must be submitted in writing to:
Magic Surf House
10 route du Lion
33680 Lacanau Océan
France
or by email to:
magicsurfhouse@gmail.com
25. APPLICABLE LAW AND DISPUTES
These General Terms and Conditions are governed by French law.
In the event of a dispute, Magic Surf House and the customer shall first seek to reach an amicable resolution.
If no amicable solution can be reached, including following any recourse to a consumer mediator, the dispute may be brought before the competent courts in accordance with the applicable legal rules.