Terms and Conditions
1. Scope of application
These Terms and Conditions apply for hotel accommodation contracts as well as for all other supplies and services provided by the Hotel to the client. Most precisely, these terms and conditions define the rights and obligations of the parties under the scope of a reservation of services via website, by email, by phone, by a third-party website or in face to face. They govern all the steps required for reservation and post-reservation between the contractual parties
Unless expressly recognised in writing by the Hotel, alternative provisions, including those contained in the guest’s or customer’s general terms and conditions, shall not be applicable.
2.1. This document governing the use of La Vieille Cheminee services and affiliated websites. La Vieille Cheminee and its management company La Vieille Cheminee Ltee (“we”, “our” or “us””) provides various websites available to visitors located throughout the world, namely www.lavieillecheminee.com
(“Website”). The Website enables users to reserve rooms and related services in our hotel. By using our Website, client is accepting all the terms and conditions set forth below. These materials are provided by La Vieille Cheminee as a service to its clients and may be used for information purposes only.
2.2. This Website contains the La Vieille Cheminee trademarks to distinguish its services and wares. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and may not be reproduced, copied or otherwise used without the express prior written permission of La Vieille Cheminee Ltee. Other trademarks not owned by La Vieille Cheminee Ltee and referenced on this Website are the property of their respective owners.
2.3. The information, text, graphics, images, sounds, links and all other software and information published or otherwise contained on this Website (the “Contents”) are owned by, or licensed to, La Vieille Cheminee Ltee and, except as specifically provided herein, may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of La Vieille Cheminee Ltee.
With respect to all communications made to La Vieille Cheminee Ltee including, without limitation, feedback, questions, comments and suggestions (“Communications”): (a) no right of confidentiality shall apply to Communications and La Vieille Cheminee Ltee shall have no obligation to protect Communications from disclosure; (b) La Vieille Cheminee Ltee shall be free to reproduce, use, disclose and distribute Communications to others but will do so according to our Privacy Charter; and (c) La Vieille Cheminee Ltee shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information. Please use email only to send us non-confidential notes. Do not include confidential personal or private information. Please do not use email to send us transaction instructions. Clients who choose to send email messages to La Vieille Cheminee Ltee that contain confidential, private or personal information do so entirely at their own risk.
4.1. The prices displayed on our website are subject to change in the course of the season and may differ from prices published elsewhere. When using our website, client accepts that prices published elsewhere may differ from the prices at the time of booking.
4.2. Subject to our confirmation, and also to his provision of valid and correct credit card details for payment, his reservation will be irrevocably binding upon our confirmation email and an advance payment.
4.3. As we will send to the client a confirmation of his reservation by email, it is his duty to provide us with an accurate email address. Such confirmation will usually be made within 48 business hours after client submitted his reservation. Our confirmation email will serve as proof of valid reservation and will contain relevant information about the reservation and particulars of the hotel. If client does not receive such a confirmation, he had to notify us by e-mail at email@example.com
4.4. Client shall make only legitimate reservations in good faith for use only by him and/or his invited guests and/or others on whose behalf client is 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.
4.5. Client recognize that our hotel is not a business hotel and may refuse all “group” (please contact our reservation service for any reservation of more than 3 rooms).
4.6. We reserve the right to cancel or modify reservations in our sole discretion, without any indemnity, for any reasons, including where it appears that a client has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours. Client is solely responsible for the choice of services and their suitability, such that La Vieille Cheminee Ltee shall not be held responsible in this respect. The reservation is deemed accepted by client at the end of the reservation process. For reservations concerning extra services please contact our Reservation Department.
These terms and conditions of sale apply for the entire length of time that La Vieille Cheminee Ltee services are available. La Vieille Cheminee Ltee reserves the right, without notice or indemnity, to temporarily or permanently shut down its websites or its online reservation pages. La Vieille Cheminee Ltee is not responsible for damages of any nature that may result from these changes and/ or from the temporary unavailability or indeed permanent shutdown of all or part of the site or its associated services.
6. Stay at the hotel
6.1. The client agrees and undertakes to use the room responsibly. Any behaviour contrary to good morals and public order will therefore result in the hotelier asking the client to leave the establishment without any compensation and/or without any reimbursement. Hotels offer free WIFI access, allowing clients to connect to the Internet. The Client shall ensure that all digital resources provided by the hotel 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.
6.2. The dress code in our hotel is casual.
6.3. Check-in / check-out times are as follows:
– Check-in: from 1 pm.
– Check-out: until 11 am.
7. Limitation of liability
7.1. To the maximum extent permitted by applicable law, our Website and information 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. We make no warranties or any guarantee or assurance that our Website and/ or information will be available, adequate, accurate, uninterrupted, complete, up to date or error free. We are neither responsible nor liable for any malicious or unauthorised code and client solely responsible for ensuring he had appropriate scanning and protective mechanisms for the security of his devices, programs and information. By using any of our site and/ or information, client is assuming all risk of loss that may arise or be associated with that use.
7.2. La Vieille Cheminee Ltee carries out regular improvements to its existing accommodation and therefore room facilities or room layout of the reserved room may be different from the displayed photo.
7.3. To the maximum extent permitted by applicable law, we, other companies 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 our Website or in connection with the use, inability to use, or results of the use of our 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 his 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 our Websites are permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Websites without notice and we will not be liable if for any reason our Websites are unavailable at any time or for any period. Client 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 client (“Claim”) and client shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and client agrees to cooperate with us in the defense of any such Claim, at our request.
8.1. 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 client with a total price for the requested number of rooms and nights, together with the charges for any additional products or services client may have added. Depending on the room rate selected, payment may be due at the time the reservation is made through our site, or at a later date, such as upon check-in at the hotel.
8.2. The price paid is the price quoted to client at the time of his reservation is confirmed or purchase is made, except that if Value Added Taxes or other government taxes or surcharges are included within the price and change between the date of his reservation or purchase and the date of his stay, we will adjust the rate that he pays unless he had 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 client may be able to add them to his reservation during the booking process or they may be available to client during his 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. Client may pay using any one of the currencies supported by our Website. 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 client as a result of any credit card or other transactions effected over our site.
9.1. For the purpose of payment processing for goods and/ or services purchased on this website, La Vieille Cheminee Ltee has chosen MIPS as Payment Service Provider to secure card payments online. We require clients 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 the MIPS payment platform. Alternative payment methods (such as PayPal, bank transfers, direct debit) may also be permitted to prepay via the Cloudbeds booking platform.
9.2. The following payment conditions are applicable for all reservations:
– A deposit of 25% of the total amount due is required to confirm and secure the booking.
– The remaining balance should be settled directly at the hotel upon arrival
9.3. Cancellations & amendments to confirm bookings are subject to the following fees:
– Cancellations 7 days or less prior to arrival: 25% of the total amount will be charged;
– No show: 100% of the total amount will be charged;
– Unexpected departure: 100% will be charged on unused nights.
9.4. The hotel’s invoices are payable in full immediately upon receipt. If the client is in default of payment, the Hotel is entitled to charge consumers default interest at the rate of 1,5 % per month (every month shall be regarded as a whole month). The Hotel reserves the right to seek a larger amount of damages. The Hotel shall charge a fee of MUR 250.00 for every reminder it sends in respect of outstanding payments.
10. Delays / Extension of Stays
10.1. Clients arriving on delayed flights but leaving on scheduled date of departure: La Vieille Cheminee Ltee will charge the full amount of the stay. As compensation, the hotel will offer the following depending on the meal plan and hotel:
– For clients who have booked Bed, Breakfast and dinner (half board) : a complimentary lunch for each dinner not taken (due to the delayed flights).
– No compensation will be given to clients booked on Bed and Breakfast
10.2. Clients arriving on delayed flights but spending the number of nights originally booked at the hotel (i.e. leaving at a later date): the hotel will charge for the whole stay with no compensation.
10.3. Clients arriving on scheduled date but extending their stay at the hotel due to non-operating flights: the hotel will charge 100% of the initial rate for the extra nights (as per the meal plan chosen by the client). This is to be paid directly at hotel before departure.
11. Agreement on evidence
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 La Vieille Cheminee Ltee information systems shall be retained under reasonable levels of security and considered as proof of communication, orders and payments between the parties. The client is hereby informed that his IP address is recorded at the time of reservation.
12. Relocation/ rebooking
In the event of unavailability of the hotel, or in a case of force majeure, the hotel reserves the possibility of fully or partially relocating the client 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. For any other package elements, La Vieille Cheminee Ltee will work with the provider of the service to find a mutually agreeable alternative.
13. Force majeure
La Vieille Cheminee Ltee cannot be held liable with respect to the client 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.
14. Third party
14.1. All websites designed by and managed by La Vieille Cheminee Ltee may feature links to other sites operated by third parties. La Vieille Cheminee Ltee is not responsible for the privacy practices or the content of such web sites.
14.2. While every precaution has been taken, we cannot ensure that a third party will not unlawfully access private details and we advise client to take all necessary precautions and suggest that client does not permit others to access his personal codes or passwords.
15. Applicable law
Except to the extent that applicable law in client’s 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. Except as otherwise provided herein, if any provision of these Terms & Conditions is found by a court to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions and the La Vieille Cheminee Ltee Privacy Charter constitute the entire agreement between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein. Client also may be subject to additional terms and conditions that may apply when client purchases goods and services from third party providers.
We may modify these Terms & Conditions from time to time. Consequently, we recommend that client consults them regularly, particularly when making a reservation at our hotel. 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.
17. Contact information
If client had any questions about these Terms & Conditions, please contact us at: La Vieille Cheminee, Main Road, Chamarel, Mauritius.