Commercial Terms

Last Revised: 01/08/2024
 

These Terms

1. This website (the "Site") and/or the services, including all mobile applications connected to it (collectively the "Services"), and any offer or sale of activities (the "Offered Services") and the booking of such Offered Services (the "Booking") through the Site, are owned and operated by MANDARINE SA (hereinafter also referred to as "we", "us", or "our"). These Commercial Terms (the "Terms") set forth the terms and conditions under which visitors or users (collectively "user" or "you") may visit or use the Site and/or Services and purchase Products.

2. By accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms. If you do not agree to all the Terms, you must not access or use the Site or any of the Services. Please read these Terms carefully before accessing or using our Site or Services or purchasing Services. In these Terms, you will learn who we are, how we sell you our MANDARINE SA Services, how you can cancel the purchase agreement, and what to do if there is a problem.

3. You declare that you are of legal age and have the legal authority, right, and power to enter into a binding agreement based on these Terms, to use the Services, and to purchase Products. If you are under the age of majority, you may use the Services or purchase Products only with the consent of your parent or legal guardian.

4. This Site is published by MANDARINE SA, with a capital of CHF 100,000, represented by Serge Soriano, Chemin du Cotterd 61, 1884 Arveyes, Switzerland, +41 79 351 01 98, mandarine.ste@host.smoobu.com, Commercial Register No. CH550.1.166.579-5, VAT/IDE No. CHE-486.164.755.
   The publication director is Serge Soriano.

You can contact us:

• By phone: +41 79 351 01 98 (local call rate)

• By email: mandarine.ste@host.smoobu.com

• By mail: Chemin du Cotterd 61, 1884 Arveyes, Switzerland

 

This Site is hosted by Wix.com.
These Terms are provided in French. In case of any discrepancies between the French version and any translations, the French version shall prevail.

To use our Site and/or Services, you must be at least 18 years old, or the legal age of majority in your country, and have the legal authority to agree to these Terms. You are not permitted to use this Site and/or Services if it is prohibited in your country or by applicable laws or regulations.

Before placing and confirming an order, you must read and accept these Terms.
You may download and print these Terms.
 

 

Description of the Products

1. You must carefully read the description of the Offered Service before placing an order. The description outlines the essential features of the Services and/or Products, as per Article L. 111-1 of the French Consumer Code. These descriptions aim to provide as much detail as possible but may not be exhaustive. Images, drawings, and descriptions are provided for illustrative purposes only and are not contractually binding.

2. Please refer to the instructions and information provided with the accompanying documents. We cannot be held liable for any damages resulting from failure to follow the usage instructions provided on our website.

 

Purchasing the Offered Services

1. Any purchase of Offered Services is subject to the Terms in effect at the time of purchase.

2. You can make bookings through our website or services. You may cancel a booking without providing a reason within 14 days from the conclusion of the seasonal rental (deposit payment). A refund will be processed within 14 days of withdrawal.

3. We may charge for specific services. By making a payment, you acknowledge that: (i) you are required to read the full description of the Offered Services before booking, and (ii) you are entering into a legally binding agreement when you complete the booking process.

4. You may select Offered Services and available dates, adding them to your cart. Prices are listed on the Site and may be modified at any time (price updates apply only to future bookings). Additional information about VAT and other applicable charges is available during the booking process.

5. Before clicking “Available – Book Now,” a booking summary will be displayed. You may review and correct any errors before confirming. Clicking “Book and Pay” submits a firm booking request. The request is valid only if you accept the Terms via checkbox.

6. You will receive an automatic confirmation email summarizing your booking. This is not an acceptance of your booking.

7. A legally binding agreement is established when we send you an acceptance email. We reserve the right to refuse any booking request. If you choose an immediate payment method (e.g., PayPal, Stripe), the agreement is concluded once payment is validated and you have signed the rental contract electronically.

8. Fees are due before services are rendered. If a deposit is required offline, full payment must be made before the appointment. We reserve the right to refuse service in case of non-payment.

Coupons, Gift Cards & Offers

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We may offer promotions ("Offers") from time to time. Offers are valid only for the indicated period and may not be transferred, modified, sold, exchanged, reproduced, or redistributed without our express written consent.

Contract Cancellation

All cancellations must be made via registered mail.

a) Cancellation before arrival:
50% refund for cancellations made at least 7 days before arrival.
No refund for cancellations made within 7 days of arrival.
The deposit is retained by the owner.

b) No-show:
If the guest does not show within 24 hours of the scheduled arrival, the contract becomes void. The deposit is retained, and the owner may rent the property to someone else.

c) Shortened stay:

 

No refund will be issued.
The owner is not responsible for guests' transportation. No refunds will be given for failure to reach the property, even in case of force majeure.

 

 

Intellectual Property

1. All Services and related content, including (but not limited to) text, graphics, code, logos, media, and intellectual property rights, are owned or licensed by us ("Our Intellectual Property"). You acquire no rights to Our Intellectual Property except as expressly provided.

2. If the service involves digital content (e.g., music, videos), the rights granted are specified on the Site at the time of booking.

 

Disclaimer of Warranties

 

Our Services, content, and free features are provided “as is” without warranties of any kind. We make no guarantees that our free services will be error-free, uninterrupted, or meet your needs. Access may be suspended for maintenance. Product warranties remain unaffected.

 

 

Indemnification

 

You agree to indemnify and defend us from claims, damages, costs, or liabilities arising from your breach of these Terms, except where not caused by your fault.

 

 

Limitation of Liability

1. To the extent permitted by law, we are not liable for any direct or indirect losses arising from use of the Site or Services, including loss of profits, contracts, or data—even if foreseeable.

2. We are not liable for delays or failure to perform due to causes beyond our control, including force majeure (as per Article 1216 of the French Civil Code).

 

Changes to Terms or Services

1. We may modify these Terms at any time. Continued use of the Site means acceptance of the revised Terms. If you disagree, do not use the Site or Services.

2. We may modify, limit, or discontinue the Services at any time, with notice where possible.

 

Third-Party Links

 

Links to third-party websites are provided for convenience only. We are not responsible for their content or any changes made to them.

 

 

Governing Law

1. These Terms are governed by French law, excluding conflict of laws rules.

2. For unresolved disputes, you may refer the matter to the consumer mediation process in accordance with Articles L.611-1 et seq. of the French Consumer Code. File a complaint via the EU platform:
   https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

 

Miscellaneous

1. Waivers of breaches do not apply to previous or future breaches.

2. Headings are for convenience only.

3. If a part of these Terms is deemed illegal or unenforceable, the rest remains in effect.

4. You agree not to dispute the probative value of electronic exchanges. Computer records are considered valid proof of communications and payments.

5. Your acceptance of these Terms constitutes agreement under Article 1368 of the French Civil Code.

6. You may not assign your rights or obligations without our written consent.

7. These Terms constitute the entire agreement between you and us.

8. Provisions that must survive termination (e.g., indemnity, liability, disclaimers) will remain in force.

 

Contact Us

 

To contact us:
MANDARINE SA
Email: mandarine.ste@host.smoobu.com

Annex 1 – Model Withdrawal Form

(Art. R. 221-1 of the French Consumer Code)

To: MANDARINE SA
CHEMIN DU COTTERD 61
1884 ARVEYES
SWITZERLAND
Email: mandarine.ste@host.smoobu.com

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I hereby inform you that I withdraw from the reservation of the service/subscription or purchase contract of the product(s) listed below:

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Reserved property:

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Booking period:

 

 

Booking confirmation date:

 

 

Your name:

 

 

Order/account number (if applicable):

 

 

Date:

 

 

User’s signature: