CONDITIONS GENERALES
Guest House Sous le Badamier
COFRACY LTD
Xclub Road
Pointe aux Canonniers
Mauritius
Pricing
We adopt dynamic pricing and the price of our rooms, products and services fluctuates based on demand and other factors. Before confirming a reservation or purchase, we will provide you with a total price for the requested number of rooms and nights, together with the charges for any additional products or services you may have added. Depending on the room rate selected, payment may be due at the time the reservation is made through website, or at a later date, for example, upon check-in at the relevant hotel.
The prices appearing on the website are only valid for 24hrs. The prices cover only the specific items appearing in the box close to the rate. All prices are inclusive of VAT. If ever there is a change in taxes or in dues, you undertake to pay all additional taxes or dues which may be applicable between the time of the booking and the time the services are actually delivered/goods are actually sold.
Prices on the website do not include insurance. Sous le Badamier strongly recommends taking travel insurance.
The price you pay is the price quoted to you at the time you make your reservation or purchase, except that if Value Added Taxes or other government taxes or surcharges are included within the price and change between the date of your reservation or purchase and the date of your stay, we will adjust the rate that you pay unless you have already paid for the reservation, product or service in full before the change takes effect.
Unless otherwise indicated, meals and other extras are not included in the room price but you may be able to add them to your reservation during the booking process or they may be available to you during your stay. Also, the prices quoted do not include passport or visa handling, travel insurance, airport and port taxes, gratuities or other similar charges unless otherwise stated.
You may pay using any one of the currencies supported by our site. The applicable exchange rates of the supported currencies shall be determined at our sole discretion, or by our payment processing provider, as the case may be. We shall not be liable for any exchange rate losses incurred by you as a result of any credit card or other transactions effected through our website.
Payment
We require customers to provide their bank details as a guarantee of the reservation, except for special conditions or rates, using a credit card or debit card, indicating directly in the area provided for this purpose (secure entry by SSL encryption) the card number without spaces, its expiry date and the card security code, as prepayment via our chosen payment platform. Alternative payment methods (such as PayPal, bank transfers, direct debit) may also be permitted to prepay via our payment platform, subject to our discretion to accept such payments.
If the customer wishes to reserve multiple rooms or package elements, but prepayment is only required for one of these rooms or elements, for example, the payment method used on our payment platform enables the room or element in question to be prepaid while the specified payment method acts as a guarantee for the other rooms and elements.
In case Sous le Badamier has to have recourse to the services of an Attorney at Law to recover any sum due or pursuant to those terms and conditions or any other conditions governing Sous le Badamier’s legal relationship with you, you agree to pay the attorney’s commission amounting to 10% (+VAT) of such sum together with any disbursement and expenses.
Reservations/Bookings/Sales and Cancellation Policy
Any reservation, booking and/or sales made via the Websites or mobile Websites implies consultation and full and unreserved acceptance of the present terms and conditions and the reservation, booking and sale conditions at the quoted rate or package.
You shall make only legitimate reservations or bookings in good faith for use only by you and/or your invited guests and/or others on whose behalf you are authorised to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservations in anticipation of demand.
Sous le Badamier will, upon receipt of a booking request, examine whether the request can be acceded to. If the request is accepted by Sous le Badamier, you will be sent an e-mail of acceptance. Such e-mail of acceptance will contain a reservation ID.
The said e-mail of acceptance is conditional upon your credit card being validly debited with the amount due.
If for any reason your credit card cannot be debited with the amount due, or if the bank transaction is subsequently reversed, the booking will be cancelled unilaterally and as of right by Sous le Badamier, without Sous le Badamier having to fulfil any judicial and/or extra-judicial formality, and Sous le Badamier will notify you via e-mail of such cancellation.
The acceptance e-mail of Sous le Badamier must be produced by you upon check-in at the hotel. You will also be requested to produce at the hotel at the time of check-in a proper identification document.
We reserve the right to cancel or modify reservations and bookings in our sole discretion for any reasons, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations or bookings contain or resulted from a mistake or error, even if such mistake or error is ours.
You are solely responsible for the choice of services and their suitability, such that Sous le Badamier shall not be held responsible in this respect. The reservation or booking is deemed accepted by you at the end of the reservation and booking process.
When you make a booking, your card is debited with the full amount of the booking at the time the booking is made.
For reservations or bookings concerning business groups, meetings, seminars etc., plus the corresponding flights and extra services, please contact us before.
A 50% cancellation fee will be applied to any cancellation effected less than 15 days prior to the expected arrival date.
A 100% cancellation fee will be applied to any cancellation effected less than 4 days prior to the expected arrival date or no shows.
The time deadline for cancellations shall be 6:00HR PM/18:00HR (Mauritian time).
Cancellation is not acceded to immediately upon request; Sous le Badamier will revert to you within 48 hours of receipt of the cancellation request email.
Note that all terms governing cancellation, as mentioned above, are subject to the special conditions applicable for special offers.
In the event of a refund, the relevant amounts will be transferred back by Sous le Badamier to the credit card used to make the original booking. Any booking charges applied will not be eligible for reimbursement.
Any change requested after a reservation or booking has been confirmed must be addressed by email to the reservation department of the Hotel in respect of which the booking has been made.
In the event of a no show or of a cancellation, Sous le Badamier shall have the right to debit the card used by you in the internet booking with the amount of cancellation fees.
Check-In
At the time of check-in, you will be requested to fill in and sign a registration form. You expressly agree to sign same or such amended version of the registration form on your arrival at the hotel.
Rooms
Rooms will normally be available as from 2HR PM / 14HR (Mauritian time).
All rooms must imperatively be fully vacated before noon on the last day of the booking. Failure to do so shall result in you being billed for one extra night.
You undertake to comply strictly with the room occupancy description featured on the website in respect of the maximum number of persons and the adults/children classification that can occupy the specific room at any one time.
The room shall be for your exclusive use.
You agree and undertake to use the room responsibly. Any behaviour contrary to laws, good morals and/or public order will result in Sous le Badamier asking the room to be vacated and you having to leave the hotel compound. In such case no compensation or reimbursement shall be made by Sous le Badamier, and Sous le Badamier shall also not be responsible for any damages or prejudice if any. This will be applicable automatically and as of right, without Sous le Badamier having to fulfill any judicial or extra-judicial formality.
Sous le Badamier have various rules, regulations and policies in addition to the present Terms and Conditions. You undertake to comply strictly with the present terms and conditions and all rules, regulations and policies failing which Sous le Badamier will have the right to ask you to vacate the room and leave the hotel compound. In such case no compensation or reimbursement shall be made by Sous le Badamier, and Sous le Badamier shall also not be responsible for any damages or prejudice if any. This will be applicable automatically and as of right, without Sous le Badamier having to fulfill any judicial or extra-judicial formality.
Stay at the hotel
You agree and undertake to use the room responsibly. Any behaviour contrary to good morals and public order will therefore result in the hotelier asking the customer to leave the establishment without any compensation and/or without any reimbursement.
Our Guest House offer free WIFI access, allowing customers to connect to the Internet. You shall ensure that all digital resources provided by the Guest House are in no way used for the purposes of reproduction or representation, and that all works and materials protected by copyright or related rights, such as texts, images, photographs, musical and audio-visual works, software and video games, shall not be made available or communicated to the public without the express authorization of the copyright holders, as stated in the Acts and Regulations currently in force in the country of operation.
Relocation/Rebooking
In the event of unavailability of the chosen hotel, or in a case of force majeure, Sous le Badamier reserves the possibility of fully or partially relocating the customer to an equivalent category hotel for the same type of services, with all costs involved in the transfer being payable by the chosen hotel. No additional compensation will be paid. In case of airline seats not being available as booked, it is the responsibility of the airline to rebook the customer. For any other package elements, Sous le Badamier will work with the provider of the service to find a mutually agreeable alternative.
Bad Weather Conditions
If you cannot reach the hotel due to a cyclone or bad weather conditions, or due to transport problems, in Mauritius or abroad, you shall be bound to pay for the day/days not used by you.
If you cannot leave the hotel due to a cyclone or bad weather conditions or due to transport problems, in Mauritius or abroad, Sous le Badamier shall try to find accommodation for you at any others hotels, without Sous le Badamier giving any guarantee in that respect. In such case, you shall have, prior to you making the additional stay, to pay for the cost of such additional stay, at Sous le Badamier’s prevailing rates at the time the additional stay is made.
Various Exclusion and Limitation of Liability and Exclusion of Warranties
Sous le Badamier shall not be liable in case of non-fulfillment or inadequate fulfillment of the services or sale of the goods in the event of force majeure, actions of third parties, or your actions/omissions.
Sous le Badamier’s liability for effects lost by you shall be in accordance with the laws of Mauritius.
Sous le Badamier shall not be held responsible for the non-fulfillment or inadequate fulfillment of any service or sale of any good, except in case of gross fault or gross negligence on its part, and subject to the other terms and conditions of the present website, including the general terms and conditions. You shall furthermore not have the right to make any claim for indirect or consequential damages.
Sous le Badamier does not make any warranty in relation to internet access, or to availability or non-availability of internet services. Sous le Badamier further does not make any warranty with regard to the absence of viruses on internet network.
Sous le Badamier makes no warranty that the website will be operational at all times. You shall not have the right to make any claim to Sous le Badamier if the website (including the internet booking pages and information) is temporarily or permanently out of use or not operational.
While every precaution has been taken, Sous le Badamier cannot ensure that a third party will not unlawfully access private details and Sous le Badamier advises you to take all necessary precautions. Sous le Badamier suggests that you do not permit others to access your personal codes or passwords. Sous le Badamier shall accept no responsibility in case of access by third parties to your private details, including personal codes or passwords, or the credit/debit card details. You accept the inherent risks of using the present website.
To the maximum extent permitted by applicable law, this website and any information it contains are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement.
Sous le Badamier makes no warranties or any guarantee or assurance that this website and/ or its information will be available, adequate, accurate, uninterrupted, complete, up to date or error free. Sous le Badamier is neither responsible nor liable for any malicious or unauthorised code and you are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security of your devices, programs and information. By using any of this website and/ or its information, you are assuming all risk of loss that may arise or be associated with that use.
To the maximum extent permitted by applicable law, Sous le Badamier and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this website or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Access to this website is permitted on a temporary basis, and Sous le Badamier reserves the right to withdraw or amend the service provided on the website without notice and Sous le Badamier will not be liable if for any reason the website is unavailable at any time or for any period.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms & Conditions by you (“Action”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Action. We have the right, at our expense, to assume exclusive defense against any Action and all negotiations for settlement and you agree to cooperate with us in the defense of any such Action, at our request.
Claims
All claims made by you in relation to the services or in relation to your stay shall imperatively be made in writing to Sous le Badamier within 24 hours from the event giving rise to the claim. Failure to do so by you shall render the claim inadmissible. All claims must bear the mention: ‘Booking Claim + Reservation Number/Last name’ in the mail subject.
Claims shall imperatively have to be made either by e-mail, facsimile, or hand delivery.
Independent Contractors
In many Sous le Badamier hotels, some of the services and/or activities are carried out by persons independent from Sous le Badamier. You acknowledge that, if the said services/activities happen to be available at the hotel or from the hotel, they are not carried out under the responsibility of Sous le Badamier but under the responsibility of independent contractors. You may be requested to sign registration/disclaimer forms prior to be entitled to make use of the said services/activities. You also undertake not to make any claim to Sous le Badamier and to its directors, managers and/or employees, in case of problem/damages in the course of or related to the said activities/services.
Evidence of Records
The specification of necessary bank details and the acceptance of these terms and conditions and the reservation form or reservation request constitute an electronic signature equivalent in value to a physical signature between the parties.
The computerised records retained in our information systems shall be retained under reasonable levels of security and considered as proof of communication, orders and payments between the parties.
You are hereby informed that your IP address is recorded at the time of reservation.
Force majeure
We cannot be held liable with respect to the customer for failure to execute its obligations resulting from an event of force majeure.
Cases of force majeure shall be construed as meaning any event of natural disasters, adverse weather conditions, risks of natural hazards (such as approaching hurricanes or other storms, fire, flood, drought, war, warlike commotion, political unrests, boycotts, riots or civil commotions, terrorist attack or threats, strikes, epidemics, outbreaks of illnesses epidemics or pandemics, governmental measures, industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, or any other events which make it impossible for clients to travel to the destination where the hotel is located.
Prior to making the internet booking, you declare being in possession of a valid passport, with a validity period sufficient to enable you to complete your stay at the hotel. It is also your responsibility to obtain all visas which are necessary to enable you to effect your stay at the hotel. Sous le Badamier shall not be held liable in case of failure to obtain a valid passport or a valid visa, and the absence of a valid passport or a valid visa shall not be considered as « force majeure ».
Indemnity
You shall indemnify and hold the Sous le Badamier or any of its directors, officers or employees, agents or representatives harmless against any and all prejudice or damages suffered by any one of them and any actions, claims, demands or proceedings (including legal costs of an attorney) of whatever nature and in whichever jurisdiction which may be instituted against, or incurred by Sous le Badamier or any of their directors, officers or employees, agents or representatives and which relate to or arise from anything done or omitted by you or any other person accompanying you during your stay at any of our hotels, save in the event that such damages, actions, claims, demands or proceedings are the result of the wilful default or gross negligence of the Sous le Badamier or any of its directors, officers, employees, agents or representatives.
Should any of the proceedings referred to above be instituted, you shall promptly intervene and take up the defence of Sous le Badamier or any of its directors, officers or employees, agents or representatives and assume any connected liability that may result from such proceedings.
Headings and Words
The headings and titles are inserted for convenience only, have no legal effect and shall be ignored in interpreting this agreement.
In the present agreement, a. words importing the singular include the plural and vice versa; b. words importing a gender include every gender.
All provisions of the present Terms and Conditions and any other rules, regulations and policies, apply mutatis mutandis to any person accompanying you during your stay at our Hotels.
Partial invalidity & Entire Agreement
If any term or provision of the present agreement is or becomes illegal, invalid or unenforceable in whole or in part, under any enactment, or rule of law, such term or provision shall to that extent be deemed not to form part of this agreement but the validity and enforceability of the remainder of the present agreement shall not be affected.
These Terms & Conditions and the Privacy Policy constitute the entire agreement between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein. You also may be subject to additional terms and conditions that may apply when you purchase goods and services from third party providers.
Applicable law
Except to the extent that applicable law in your country of residence requires application of another law and/ or jurisdiction and provides that such application of another law and/ or jurisdiction cannot be waived or altered by contract, these Terms & Conditions shall be governed by and construed in accordance with the laws of Mauritius, without giving effect to any principles of conflicts of law.
UPDATES
We may modify these Terms & Conditions from time to time. Consequently, we recommend that you consult them regularly, particularly when making a reservation at our Guest House.
Any notices or other communications provided by us under these Terms & Conditions, including those regarding modifications, will be given: (i) via email; or (ii) by posting to the Websites. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTACT INFORMATION
If you have any questions about these Terms & Conditions, or for customer support, complaints, questions, and feedback, please contact us at: contact@souslebadamier.mu