Legal Notice
Company identification
Legal form: SARL
Head office: Ankilibe – BP82 – Tuléar – MADAGASCAR
Share capital: 10,000,000 Ariary
Registration number in the trade and companies register (RCS): 2021B00012
Tax identification number (NIF): 5005 497 379
STAT 68101 51 2021 0 00279
Tel. +261 32 51 528 97 / +261 32 64 617 45 / +261 34 64 927 82
Email: info@bakuba-lodge.com
Website creation by Mada-Books Edition
Site creation date: 2024
Site maintenance: contact@mada-books.com
Professional RC No. 61A307
Insurer name : ARO
Address BP 276 – Toliara – Madagascar
ARTICLE 1 – Scope of application
These General Conditions of Sale apply, without restriction or reservation, to any reservation of hotel rooms and additional services (Services / Activities) offered by the Hotel. Subscribing to a Service is the sole responsibility of the Customer.
The Client declares:
– Have full legal capacity to contract Services offered on the hotel website.
– Make reservations for rooms and additional services for personal needs.
– Any room reservation implies complete acceptance by the Customer of the rates applied.
– Validation of the reservation of Services by the Client constitutes unrestricted acceptance of these terms.
The Hotel ensures that:
– The computerized Records kept in the Hotel’s computer systems will be kept under reasonable security conditions and considered as proof of communication, order and payment between the Hotel and the Customer.
– In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing by mail and justifying of his identity.
These General Terms and Conditions may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website on the date of the reservation.
These General Terms and Conditions are applicable for the duration of the online availability of the services offered by the Hotel on the Hotel’s website.
The General Terms and Conditions constitute proof of the sales contract.
ARTICLE 2 – Reservations
The Client is solely responsible for his choice of Services and their suitability to his needs, such that the Hotel cannot be held liable in this regard.
– Selection of room type and rate
– Selection of additional services if applicable
– Validation of reservation details, price amount and conditions
– Indication of his contact details (the Customer undertakes to complete the requested information and certifies the truth and accuracy of the information transmitted)
– Payment of a deposit or the full amount
– Acceptance of the General Terms and Conditions in full knowledge of the facts and the conditions of the selected rate
– Validation of your reservation.
The Customer has the possibility of correcting any errors before confirming his reservation according to article 1127-2 of the Civil Code. It is his responsibility to immediately report any errors.
The sale of Services will only be considered final after confirmation of acceptance of the reservation by the hotel has been sent to the Client and after receipt of a deposit or payment in full.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute relating to the payment of a previous reservation.
ARTICLE 3 – Prices
– Application of rates:
The Services are provided at the rates in effect on the Hotel’s website when the reservation is made. Prices are expressed by default in Euro including tax.
The rates take into account any reductions that may be granted by the Hotel.
These rates are firm and non-revisable during their period of validity, as indicated on the Hotel’s website.
Prices are indicated before and during the reservation made by the Customer. They are per room or suite for the number of people and the date selected.
Rates are confirmed to the Customer in the amount inclusive of tax in the commercial currency of the Hotel.
– Taxes:
Prices take into account VAT at the rate applicable on the day of reservation; any change in the rate applicable to VAT will be automatically reflected in the prices indicated on the invoice date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
The Client undertakes to pay these various taxes without any dispute to the Hotel.
– Currencies:
The conversion into foreign currency may be given for information purposes only and is not contractual. If a rate involves payment directly to the Hotel upon arrival or departure of the Guest and the Guest’s currency is not the same as that of the Hotel, the rate charged by the Hotel may be subject to change. be different from that which was communicated during the reservation, taking into account the change in the exchange rate between the reservation date and the payment date.
– Bill :
An invoice is drawn up by the Service Provider and given to the Client upon provision of the reserved Services.
ARTICLE 4 – Payment terms
The price is payable in cash:
– By credit card.
– Cash.
– By MVola or Orange Money.
Payments made by the Client will only be considered final after actual collection of the sums due by the Service Provider.
ARTICLE 5 – Provision of services
– The Services reserved by the Customer will be provided under the conditions provided for in these General Terms and Conditions.
– The Hotel is an entirely non-smoking area. The customer will be held responsible for direct and/or indirect, consequential damages resulting from the act of smoking in the Hotel. He will therefore be liable for the full amount of cleaning and restoration costs for the damaged item or space.
– Animals can be accepted on prior request.
– The Customer’s personal effects left in the Hotel room, particularly outside the safe or in the public areas of the Hotel, are the Customer’s entire responsibility. The Hotel cannot be held responsible for loss, theft, deterioration or damage caused to said effects.
– The customer accepts and undertakes to use the room in a good manner. Also any behavior contrary to good morals and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation and/or without any reimbursement if payment has already been made. If no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
– The Client will be held responsible for all direct and/or indirect, consequential damage of which he is the author, observed in the reserved room or which he could cause within the Hotel. Consequently, he undertakes to compensate the Hotel for the amount of said damage.
– WIFI access allowing customers to connect to the internet may be offered according to the Hotel’s current Policy. The customer undertakes to ensure that the IT resources made available to him by the hotel are used wisely. The Hotel cannot be held responsible for malicious use or use prohibited by law.
– Unless expressly provided otherwise, the Room will be made available to the Client on the day of their arrival at 1 p.m. and the Client will leave the room on the day of their departure at 11 a.m. As far as possible, if the room is free, Customers will be able to use it upon their arrival. Otherwise, an additional night will be billed to the Customer. The Client must check their departure date. As the hotel is a small structure, in the event of early departure, the nights reserved are not refunded.
– The Hotel undertakes to make its best efforts to provide the Services reserved by the Customer, within the framework of an obligation of means.
In the event of removal resulting from a justifiable exceptional event, the Hotel reserves the right to accommodate the Client totally or partially in a hotel of equivalent category, for services of the same nature and subject to the Client’s prior agreement.
ARTICLE 6 – Right of withdrawal
In accordance with article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the Consumer Code, taking into account the nature of the services provided.
The contract is therefore definitively concluded as soon as the reservation is made by the Customer according to the terms specified in these General Terms and Conditions.
In case of cancellation:
In the event of cancellation of the reservation by the Customer after its acceptance by the Hotel less than 14 to 30 days before the planned date of stay, for whatever reason, a sum corresponding to 50% of the total amount of the stay will be automatically acquired by the Hotel and invoiced to the Customer as damages, in compensation for the damage suffered.
In the event of non-appearance by the Client on the scheduled date of arrival:
In the event of cancellation less than 8 days before the scheduled arrival date or in the absence of the Customer on the date of their reservation, a sum corresponding to 100% of the total amount of the reservation will be automatically acquired at the ‘Hotel and invoiced to the Customer.
ARTICLE 7 – Liability of the Hotel (guarantee)
The Hotel guarantees the Customer against any lack of conformity or hidden defect, resulting from a failure to carry out the Services reserved and actually paid for according to the terms defined in these General Terms and Conditions.
The Services provided comply with the regulations in force in Madagascar
ARTICLE 8 – Information technology and freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of their reservation and the preparation of invoices, in particular.
This data is processed and intended for the Hotel and may be communicated to its possible partners responsible for the execution, processing, management and payment of reservations as well as the Customer’s stay.
Furthermore, the Hotel may send its customers its newsletter, promotional offers and a satisfaction questionnaire following their hotel stay by email.
The Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him.
ARTICLE 9 – Intellectual property
The content of the Hotel’s website is protected by international laws relating to intellectual property. Any reproduction, distribution, modification, or any other form of exploitation of this content, without its explicit authorization, constitutes a violation of intellectual property rights and is therefore illegal.
ARTICLE 10 – Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
Article 11 – Applicable law – Language – Disputes
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
All disputes which cannot be resolved between the Hotel and the Client will be submitted to the competent courts under the conditions of common law. In this case the Commercial Court of Antananarivo.
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FR