The general conditions are applicable between the Customer and RJ Performance, a one-man limited liability company with a share capital of €1,000, registered with the Strasbourg Trade and Companies Register under number B893 012 807, whose registered office is located at 7 rue des Cerisiers 67170 Brumath.
RJ Performance (hereinafter referred to as " the Provider") is an agency specialising in the accommodation of sportsmen and women in a hotel complex located in Kenya.
The Service Provider has made available to the Client a commercial proposal and/or documentation presenting its services, which the Client acknowledges having read. The Client has signed and accepted the Service Provider's commercial proposal (hereinafter the " Invoice").
These General Terms of Service (hereinafter referred to as the " Terms and Conditions") apply to the Invoice and define the rights and obligations of the Parties in the context of any signature of an Invoice. The current version of the Terms shall be the only version enforceable against the Clients during the entire period of performance of the contractual Services and until a new version replaces it. The Service Provider reserves the right to amend these Terms at any time without prior notice to the Client but will keep the Client informed of the latest changes.
The Service Provider reserves the right to deviate from certain clauses of these Conditions or to establish special conditions for individual clients. Any deviation from the Conditions shall be recorded on the Invoice under " Special Conditions". The Special Conditions shall prevail over the general conditions. The Customer acknowledges and accepts that any payment of the Invoice implies unreserved acceptance of the following provisions and conditions as well as the annexes.
For the purposes of this Agreement, the Service Provider and the Client may be referred to individually as " the Party"and collectively as " the Parties".
Article 1 - Subject matter Subject matter and contractual documents
The purpose of these conditions is to define the conditions under which :
- The Service Provider provides the Client with associated services;
- The obligations and responsibilities of the Parties.
The Contract is formed between the Parties by the following contractual documents, presented in hierarchical order of decreasing legal value: the Invoice with the Special Conditions and then these General Conditions and its appendices. In the event of a contradiction between one or more provisions in the above-mentioned documents, the document of higher rank shall prevail.
Article 2 - Duration Duration
2.1 Dates of stay
For the purposes of this document :
- The " reservation date"means the date on which the reservation was made;
- The " start date of the stay"means the date on which the client's stay begins;
- The " end date of stay"means the date of the end of the Client's stay.
The Contract comes into force on the date of the beginning of the stay indicated on the Invoice and marks the start of the contractual Services to be performed by the Provider, which are concluded for a fixed period. The Contract ends on the expiry of the end date of the stay. Any additional service shall be the subject of a new invoice signed by the Parties.
2.2 Cancellation or modification of the stay
For the booking of a Stay, the Client is reminded that he/she does not have the right of withdrawal provided for in article L. 221-18 of the French Consumer Code, in accordance with article L. 221-28 paragraph 12 of the French Consumer Code, which excludes this right for contracts relating to the provision of accommodation services that must be provided on a specific date or during a specific period.
Any cancellation of a stay requested by the client will result in the issuance by RJ Performance to the client of a credit note valid for six (6) months ONLY. This cancellation must be made MAXIMUM 30 days before the arrival date at the center. After this time, no credit will be issued to the client.
In the event of cancellation or modification of the dates of the stay by the Client, during the course of the stay, the Client will not be reimbursed for the difference if he chooses to shorten his stay. If the Client wishes to extend their stay, this will be subject to the availability of the Accommodation.
Article 3 - Reservation Reservation of a Stay
For the purposes of this document :
- " Contractual Services"means all of the Services to be performed by the Service Provider for the Client and expressly stated on the Quotation;
- " Stay"means the client's stay in the Accommodation including one or more of the contractual services indicated on the Quotation;
- " Place of Accommodation"means the place booked by the Client for his stay.
3.2 Contractual services
RJ Performance provides its clients with an accommodation facility located in Kenya. The accommodation is full board, including :
- Four (4) full meals per day;
- Access to a gym;
- A laundry service.
- A massage service
The Client can benefit from additional options (e.g.: massage, water bottles at disposal, airport shuttle). The use of a shuttle is invoiced in advance and indicated on the Invoice.
The Services to be performed by the Service Provider on behalf of the Client are those strictly listed. Any new service will be subject to additional billing.
All group bookings can only be made for a maximum of 28 places and are subject to availability of accommodation.
The Customer will be assigned his accommodation at the beginning of the stay by the Provider. The accommodation consists of a small house with two separate bedrooms, a toilet and a bathroom with shower. The Provider reserves the right to place the Client in a small house with another Client (each of them will have a personal room separated by a wall or curtain). The accommodation is not individual, but shared.
The rental of motorised vehicles (car or motorbike) is permitted, but their circulation within the centre is strictly forbidden.
Article 4 - Prices and payment Prices and payment terms
The entire Stay must be paid for by the Client before arrival at the Accommodation. Payment is made by bank transfer or via Western Union.
Payment terms are indicated on the Invoice. Only reservations made for a group can be subject to a deposit.
In the event of non-payment before the Client's arrival at the place of stay, the Provider reserves the right to suspend the execution of the contractual Services and to suspend access to the place of accommodation until the invoices have been settled, without the Client being able to claim any compensation.
4.2 Late payments
Any delay in payment of invoices sent by the Service Provider or any difficulty in collecting the sums due shall automatically result in the application of late payment penalties equal to the interest rate applied by the European Central Bank plus 10 percentage points. These penalties are payable by operation of law and without prior notice.
In addition, pursuant to article L. 441-10 of the Commercial Code, a fixed indemnity for collection costs of €40.00 shall be payable by the Client acting as a professional, even in the event of partial payment of the outstanding invoice, without prejudice to any other action the Service Provider may take against the Client and at the latter's expense for the purpose of collecting its invoices and any other damages that may be due.
In the event of non-payment of invoices, the Service Provider reserves the right to suspend the performance of any Contractual Service until effective receipt of the sums due. This suspension of the contractual Services shall not be considered as a termination of the present contract.
Article 5 - Responsibilities Responsibilities
5.1 Responsibilities of the Provider
The Service Provider hereby undertakes to use all human and technical resources in its possession and adapted to its material and financial capacities to provide the Contractual Services in accordance with the terms of this Agreement. The Service Provider shall have a general obligation to advise and inform the Client during the performance of the Contract.
The Service Provider is only obliged to provide and make available the Accommodation and any additional options purchased by the Client. The Customer is therefore expressly informed and accepts that the Provider does not provide any transport, travel, tourism, sports or any other activity outside the scope of the contractual services. The Client is therefore solely responsible for the organisation of his/her stay and for paying all travel expenses to and from the Accommodation.
The Client is solely responsible for the security of his/her personal belongings in the accommodation and the Provider shall not be liable for any loss or theft of money or personal belongings.
The Provider is not responsible for the contingencies of the internet and telephone networks at the Hosting Location.
The Service Provider shall not be liable for any damages other than those resulting directly and exclusively from a fault in the performance of the contractual Services.
5.2 Customer's responsibilities
The Customer is solely responsible for his choice of contractual services and their suitability for his needs, so that RJ Performance cannot be held liable in this respect.
The Customer undertakes to pay the contractual fee due as indicated in the Invoice.
The Client undertakes to respect and take care of all equipment provided by the Service Provider. In the event of damage, the Client may be required to reimburse the costs of repairing the damaged equipment (amount to be determined by the Provider).
Minors may only stay at the Accommodation Centre if accompanied by a legal representative and in possession of a personal identity document. If the accompanying person is a legal representative other than the parents, he or she must be in possession of a parental authorisation from the child's parents. RJ Performance reserves the right to request any document that can attest to these justifications.
The Client undertakes to comply with the internal regulations of the accommodation.
The client, if he/she uses the sports hall of the Accommodation, certifies on his/her honour that he/she has all the required medical authorisations, is in good physical condition and has no contraindication to the practice of a sporting activity.
RJ Performance cannot be held responsible for any damage caused to the Customer or to those accompanying him as a result of his use of the sports hall, except in the event of a proven fault on the part of the Service Provider with regard to his obligations to maintain the premises.
The Client is expressly informed that, in view of the hygienic conditions applicable in Kenya, the accommodation does not offer drinking water from the tap.
The Client is therefore responsible for having bottled water, cleaning his food and not drinking tap water - apart from boarding meals - and releases RJ Performance from any liability in this respect.
In general, the Client is required to take all applicable health and safety measures during his stay, and RJ Performance cannot be held responsible for any incident or damage, not caused by the Provider, that occurs to the Client during his stay.
Article 6 - Termination and End of Contract Termination and End of Contract
6.1 Termination Procedure
In the event of a breach by one of the Parties of one of its essential obligations expressly provided for in the contract, the other Party may notify the breach. This notification, valid as a formal notice, shall refer to the present clause, specify the breach in question and be sent by registered letter with acknowledgement of receipt to the defaulting Party and indicate the period of fifteen (15) days to be respected by the latter to comply with its obligations. Such notification shall be conclusively presumed to have been received on the day of the first presentation of the aforementioned registered letter at the domicile or registered office of the Party concerned indicated herein.
In the event of non-performance by the other party and fifteen (15) days after formal notice has remained without effect or without any response from the debtor of the obligation, the creditor of the unfulfilled obligation shall be entitled to unilaterally terminate the Contract, without prejudice to any damages and any other remedy available as a result of the loss suffered.
ANY doping practices, thefts, physical or verbal abuse by the Client towards another Client, Provider, or Employee, will result in the unilateral termination of the Contract, without refund of the remaining days, without prejudice to any damages and any other available remedy for the loss suffered.
6.2 Provisions in the event of termination or end of the Contract
In the event of termination of the Contract or end of the Contract
▪ The Parties shall carry out a joint audit of the accounts in order to determine any sums owed to the Service Provider on the date of termination of the contractual relationship;
▪ It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this Agreement, shall be validly put in default by the mere payability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
Article 7 - Force majeure Force majeure
Neither the Service Provider nor the Client shall be liable if the non-performance or delay in performance of any of their obligations hereunder is due to force majeure as defined in Article 1218 of the Civil Code.
Each Party shall inform the other Party, without delay, of the occurrence of such an event when it considers that it is likely to jeopardise the performance of its contractual obligations.
In the event of the occurrence of an event of force majeure, making it impossible for one of the Parties to perform its obligations for more than thirty (30) days, and if the event of force majeure continues, each of the Parties shall have the right to terminate this contract by operation of law, without any compensation being due by either of the Parties, by registered letter with acknowledgement of receipt sent to the other Party.
However, as soon as the case of force majeure that caused the suspension of their respective obligations disappears, the parties must make every effort to resume normal performance of their contractual obligations as soon as possible. The party prevented from doing so shall notify the other party by registered letter with acknowledgement of receipt of the resumption of its obligation.
In the event of force majeure or of the impossibility of making the room available to the Customer in the Accommodation Location, RJ Performance may reserve the possibility of having the Customer accommodated, in whole or in part, in an Establishment of equivalent category or performing a Service of the same nature, subject to the Customer's prior agreement.
Article 8 - Personal data Personal data
The Service Provider may have access to the Customer's personal data in the course of performing the contractual Services. The Customer's data is processed solely for the following purposes:
- Performance of contractual services;
- Customer billing ;
- Sending promotional communications about the Service Provider's activities (subject to the Customer's prior agreement).
The Service Provider has taken all the necessary and useful precautions, with regard to the state of the art in the field, to protect any personal data collected and processed within the framework of the performance of the service, in a secure environment in order to avoid any destruction, loss, alteration, distribution or unauthorised access.
The Service Provider undertakes to ensure the confidentiality of the data and not to pass them on to third parties without the Client's prior knowledge and express, tacit and written consent.
In the event that the integrity and confidentiality of the data are compromised, the Service Provider undertakes to comply with the procedures put in place under the Data Protection Act of 6 January 1978 and the RGPD.
Under the European Data Protection Regulation and the 1978 Data Protection Act, the Customer has the right to access, rectify, delete, limit and oppose the processing of his data, as well as the right to portability of his data. He may exercise this right by sending a request to the following address: firstname.lastname@example.org indicating the right he wishes to exercise and the data concerned.
Article 9 - Miscellaneous Miscellaneous provisions
Divisibility If one or more of the stipulations herein are held to be invalid or declared null and void in application of a law or regulation or following a court decision having the authority of res judicata, this shall not affect the other clauses of the Contract;
Non-waiver The fact that the Parties have not availed themselves of a breach by the other Party of one of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question;
Partial nullity In the event of any inconsistency between any provision hereof and any present or future law, statute, ordinance, regulation, court order or collective bargaining agreement, the latter shall prevail, provided that the provision hereof so affected shall be limited only to the extent necessary and no other provision shall be affected;
Non-assignment The contract is concluded intuitu personae in consideration of the identity of the Parties. The Parties are therefore prohibited from transferring the Contract to a third party without the prior written consent of the other Party.
Article 10 - Applicable law and settlement of disputes Applicable law and settlement of disputes
The Contract is subject to the application of French law.
The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the contract. In this respect, the party wishing to implement the amicable conciliation procedure must notify the other party, by registered letter with acknowledgement of receipt, of its intention to implement the said procedure, specifying the difficulties of application encountered or the breaches noted.
This settlement procedure is a mandatory prerequisite to the institution of legal proceedings between the Parties. Any legal action brought in violation of this clause shall be declared inadmissible.
If the parties fail to reach an amicable agreement within thirty (30) calendar days of the first notification, each party shall regain full freedom of action.
If an amicable resolution cannot be reached despite the efforts made, any dispute relating to the performance, interpretation, validity and resolution of the Contract shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Strasbourg Court of Appeal, even in the event of multiple defendants, third party proceedings or summary proceedings.