GENERAL TERMS AND CONDITIONS OF SALE
Bubble Lodge Ltd manages several lodges located in Mauritius.
- GENERAL TERMS AND CONDITIONS
- Definition of terms used
Supplier: The term ‘Supplier’ means the company managing the lodges
Bubble Lodge Ltd, Villa Natureva, Cap Malheureux 31706, Mauritius.
VAT Registration Number: VAT 27345523
User: Any person, corporate or individual, who makes a booking and/or enjoys a stay at one of the lodges of Bubble Lodge Ltd.
Overnight stay: Unit of account for the number of nights spent in a lodge.
Extras: Additional services, ordered and enjoyed during the stay, therefore not included in the order confirmed at the time of booking (such as drinks, special meals, telephone calls, activities not included, etc.).
The present Terms and Conditions of Sale define the contractual relationships between the supplier and the users of the lodges of Bubble Lodge Ltd, from the moment the booking is made to the moment the user vacates the lodge, as well as the conditions which apply for any booking made through reservation services.
These General Terms and Conditions of Sale shall prevail over any other general or special terms and conditions not expressly agreed by the supplier.
The supplier reserves the right to modify these General Terms and Conditions of Sale at any time. The conditions applicable shall be those in force at the date of the confirmation of the booking.
The present General Terms and Conditions of Sale shall apply to any booking made directly with the supplier or online via the booking page: ‘www.bubble-lodge.com’.
The General Terms and Conditions of Sale shall apply to all the services offered by Bubble Lodge Ltd.
The booking record and issuance of the order confirmation shall constitute proof of the transaction and acknowledgement of the operations made.
Any confirmed booking entails the unconditional acceptance of our General Terms and Conditions of Sale, acknowledgement of having read and understood them and renunciation to his/her own terms and conditions of purchase or any other conditions.
The user must have the legal capacity to enter into a contract.
The user is financially responsible for the use of the online booking website, either in his own name or on behalf of third parties, particularly minors. In this respect, the user guarantees that the information provided either by himself/herself or by the minors in his/her custody during the booking is true and accurate.
Fraudulent use of the booking services or which would go against the present General Terms and Conditions of Sale may result in the refusal of access to the services offered and may be subject to prosecution before competent courts of law.
5. Formation of contract
The contract is deemed to be formed once a booking number has been given by the supplier to the user, and communicated to him/her during the order confirmation by the supplier’s booking office and by whatever communication means (telephone, email, letter, etc.).
6. Data protection and Freedom
Clients are made aware that their booking is subject to data processing. Users have a right of access, a right of rectification of the entered data, which can be exercised at the company’s headquarters. It is expressly stated that this information is not communicated to third parties.
II. SPECIAL TERMS AND CONDITIONS
- Booking methods
The booking of the services offered can be made by telephone with the booking office of the supplier on +230 5255 14 94, by email, by letter addressed to the company or even via the online booking platform.
Written confirmation of the booking will be communicated to the user at the earliest opportunity, and at latest ten days following the booking, by all communication means. This confirmation includes all the essential elements of the booking, such as the type of lodge booked, the number of persons (the age of the children, if any), the name, number of nights, price and the expected date of availability.
2. Proof of Transaction
It is expressly agreed that, barring an error proven by the user,the data stored in the supplier’s information system, on computer or electronic medium, is deemed conclusive with regards to the bookings made by the user. Accordingly, this data can be used as evidence in any litigious or other proceedings and shall be admissible, valid and enforceable between the parties in the same way and with the same probative force as any other document prepared, received or recorded in writing.
Prices are in Euros and are VAT inclusive (between 0 and 15 percent), unless otherwise stipulated in our brochures and other advertising documents (website, etc.).
For online bookings, the user has a choice of rates, depending on the number of persons, the location, and services.
The amount to be paid by the user includes the price of the stay (unit price of a lodge on half board multiplied by the number of nights) to which is added the options chosen during the booking (unit price multiplied by the quantity ordered).
Extras are not included in the prices and shall be paid on site at the end of the stay, in addition to what has already been paid.
4. Price review
The supplier reserves the right to modify the prices indicated on the brochures and other advertising materials without prior notice and at any time, as well as the prices indicated in the lodges / restaurant / reception.
These modifications shall not apply to the bookings previously accepted by the supplier.
5. Terms of payment
During the booking, the user will issue his/her valid bank card details, which will enable the supplier to debit the corresponding amount for the booking. The user can also pay via a PayPal account in order to confirm the booking or via a bank transfer from his personal bank account to the bank account of Bubble Lodge Ltd. In the absence of any payment, the booking shall be cancelled automatically.
The total amount of the booking is debited from the bank card provided by the user during the booking process.
The user expressly acknowledges that it is a prepayment and that his/her card shall be debited before his stay, at latest 30 days before his arrival.
The booking confirmed by the user shall be deemed effective only once the transaction between the two respective banks is completed. In case the transaction is refused by the said banks, the booking will be cancelled automatically no later than 30 days before arrival.
- Payment of extras
The extras shall be paid on site, at the restaurant at the end of the stay.
The supplier reserves the right to refuse any user’s booking with whom there is a dispute regarding the payment of a previous booking.
6. Booking changes:
- Changes upon user’s request: Booking changes may be made free of charge and are subject to availability.
Any additional costs resulting from the requested changes by the user will give rise to additional invoicing.
- Changes upon request of the supplier:
In the case of unavailability of the booked lodges as a result of unforeseeable circumstances (a festive event nearby, technical problem affecting the functioning of the lodge, or for any reason deemed as valid by the supplier), the supplier commits to find alternative accommodation for the users without additional costs, foremost in any other Bubble Lodge in Mauritius, or in a 4/5-star hotel in Mauritius at the same or lower rate (shuttle cost included) if no alternative lodge is available at Bubble Lodge Ltd.
The supplier shall bear the associated dislodgment transfer fees.
If a booking is made and a festive event at the Bois Chéri restaurant is later scheduled (between the date the payment was made and the arrival date), but for the same night (that of the stay), the supplier will offer a discount of 3000 Mauritian Rupees or 75 euros. The user may accept the discount (and will, therefore, be reimbursed this sum within 10 days) or may ask for alternative accommodation, foremost in any other Bubble Lodge in Mauritius, or in a 4/5-star hotel in Mauritius at the same or lower rate (shuttle cost included) if no alternative lodge is available at Bubble Lodge Ltd.
7. Cancellation terms:
All cancellation should be submitted by email and should include the booking number.
The date of receipt of the email shall constitute the date of cancellation.
To calculate cancellation deadlines, it is agreed that the ‘scheduled date of arrival’ shall be deemed to be the day of the first scheduled overnight stay starting at 2 p.m., local time.
- Cancellation by the user for a stay of one or more nights:
This cancellation must be made more than thirty (30) days before the scheduled date of arrival.
For any cancellation made less than thirty (30) days before the scheduled date of arrival or in case of no-show, the total amount of the booking will be charged to the user.
Any cancellation made within 4 hours following the booking, will be free of charge.
- Cancellation by the supplier:
In case of cancellation by the supplier, the user will not incur any charges
8. General rules pertaining to hotel services:
- Occupancy of lodges:
The occupancy of the lodge (check-in) comes into effect at 2 p.m., and the lodge should be vacated (checkout) before 11 a.m.
For any arrival between 5 p.m. and 10 p.m., the client must contact the supplier on the day of his arrival at latest, before 5 p.m. (considering that after 9 p.m., dinner will no longer be served, and shall not give rise to any refund / after 10 p.m., the gatekeeper will be the only person able to welcome and assist the user).
The ‘client’ form, ‘meal’ form and disclaimer should be filled and signed at the check-in, and an ID card or passport should be presented.
Luggage can be brought to the Bubble lodge at any time.
The key shall be issued at check-in and should be returned at checkout.
It is forbidden to smoke inside the lodge for reasons of safety and hygiene. Any client not complying with this provision will be immediately invoiced the equivalent of an overnight stay for degradation and as compensation. When the infringement is observed after the client’s departure, Bubble Lodge reserves the right to demand the said amount for degradation and as compensation. An invoice will then be issued and sent to the client upon his/her request.
For reasons of hygiene, it is forbidden to enter the lodge with shoes which have been used outdoors: they should be left in the airlock entrance module.
For security reasons and insurance purposes, the lodges cannot accommodate more occupants than what they have been designed for (4 persons). Non-compliance will lead to the cancellation of the booking. An exception will be made for children less than 3 years old, who will be authorised to stay ex-gratia. However, the use or provision of a baby bed must imperatively be subjected to the prior approval of Bubble Lodge.
Pet animals are not allowed in the lodge.
Dinner is served between 6:30 p.m. and 9 p.m. Breakfast is served between 9:00 a.m. and 10:30 a.m.
- Equipment and services:
The photos, films, drawings and descriptions illustrating the products, do not fall within the scope of the contract. The supplier will in no case be held liable should they contain errors which do not affect the substantial characteristics of the offered services or products.
The supplier does not have the obligation of ensuring a defined indoor temperature which will vary depending on weather conditions and air conditioning/heating equipment; there are no maximum or minimum limits for the temperature. Moreover, the user should ensure that the dehumidification process is permanently on in order to minimise fogging. The supplier shall not be held liable if ever there is fogging on the membrane. Finally, the supplier shall also not be held liable if water leaks into the lodge.
The user must follow the basic principles of use: do not open the 2 airlock doors at the same time. Otherwise, the lodge loses its air pressure, and some furniture might be knocked over and fall to the ground. If the furniture is damaged, and even if this is only noticed after the departure of the client, Bubble Lodge reserves the right to demand that the said sum be paid for the degradation and as compensation. An invoice will then be issued and may be sent to the client upon his request.
9. Obligation of Means
During the online booking process, the supplier is bound by an obligation of means. He cannot be held liable for damages resulting from the use of the internet such as, for example, loss of data, intrusion, viruses, service failure, etc.
10. Force majeure
Force majeure shall be understood as any external event to the parties, both of an unpredictable and insurmountable nature which prevents the user or the supplier from performing all or part of the obligations stated in the contract.
By express agreement, this would, in particular, be the case with regards to strikes in the transport sector, of the hotel staff, insurrection, riots, and prohibitions enacted by governmental or public authorities, or weather events such as cyclones.
Tropical depressions or tropical storms will not be subject to cancellation : if the client wishes to abandon his stay, no refunds will be issued. The only “strong storm” level or “cyclone” would be considered as force majeure giving rise to cancellation.
The announcements of the Vacoas weather station (Ile Maurice) will only be considered to specify the level of the weather event : depression, storm, or cyclone.
It is expressly agreed that a force majeure suspends the performance of their mutual obligations for the parties. At the same time, each party shall bear all the expenses resulting from a force majeure event.
In case of change to alert state (by the Vacoas weather station) during the stay, the user may leave the lodge, but without refund.
Any claim relating to your booking must be sent by registered mail with acknowledgement of receipt to the headquarters of Bubble Lodge, at latest fifteen days following the last night spent at the lodge.
12. Intellectual property
Regarding the use of the website, the supplier is the owner of all intellectual property rights relative to the website.
The elements accessed on the website, in particular, the content, photos, images, icons, sounds, videos, software, databases, are also protected by the intellectual and industrial property rights and other private rights owned by the supplier.
Except with the prior, written and express agreement of the supplier, it is expressly forbidden, even partially, to reproduce, exploit, diffuse or use for whatever reason, the elements present on the website, or to diffuse a simple or hypertext link.
Disputes arising from the application or interpretation of the present General Terms and Conditions of Sale are subject to Mauritian law and shall fall within the exclusive jurisdiction of Mauritian courts of law.
Only the Court of Port Louis will have competence in its dealings with clients and legal entities.
The user agrees that Bubble Lodge Ltd and its servants and/or agents, officials, executives, directors, employees, entrepreneurs or representatives (hereafter referred to as ‘Bubble Lodge Ltd’) cannot be held liable for any reason whatsoever, for any injury, loss, death or damage of any kind, either incurred by himself/herself and/or his/her guests while participating in the Bubble Lodge activities offered in the place where the lodge is located.
It is therefore agreed that he/she and/or his/her guests voluntarily participate in Bubble Lodge activities and hereby assumes any resulting risk of injury, illness, damage or loss to the person and property, including, and not limited to, any loss or theft of personal property.
It is further agreed that Bubble Lodge Ltd should be informed prior to the beginning of the Bubble Lodge activities of all existing medical conditions and/or injuries. For the interpretation, the performance of obligations and application of the present agreement, parties expressly submit themselves to the laws of Mauritius and waiver their right to have recourse to any other jurisdiction which may now or hereafter be applicable due to their current or future residence.
DESCRIPTION OF RISKS
Participation to the Bubble Lodge activities implies the acknowledgement of the possible risks and dangers associated with these activities. These risks include, but are not limited to:
- Risks relating to the journey to and from all the sites of Bubble Lodge, including by private or public motorised vehicle, which could include, but not limited to, an accident resulting in serious physical injuries or death;
- Intoxication and/or alcohol intoxication from the food consumed during the participation to the Bubble Lodge activities and all the activities directly or indirectly associated therewith, likely to result in death, illness or injury;
- A food-related illness which results from any meal prepared for him/her by the restaurant partner of Bubble Lodge Ltd;
- Muscle and soft tissue injuries, broken bones, bruises, scrapes, cuts, sprains, dislocation, head, eyes, face and/or dental injuries which could result from his/her participation in the Bubble Lodge activities;
- Injuries resulting from a fall or collision caused by steep stairs which may result in injury or death;
- Injuries resulting from a rough terrain, an unseen obstacle, driving mistake, etc...
- Injuries resulting from walking on a hill, slippery ground and/or a fall;
- Injuries resulting from the malfunction of the equipment or improper use of equipment belonging to him/her, designed or operated by himself/herself or by Bubble Lodge Ltd staff;
- Death, injuries or illness resulting from the non-observance of the recommended instructions for the Bubble Lodge activities and any other related activities.
INDEMNIFICATION AND LIABILITY WAIVER
Voluntary participation in Bubble Lodge activities implies that he/she agrees:
- TO ASSUME AND ACCEPT ALL THE RISKS associated with his/her participation to the Bubble Lodge activities, even if these risks may result from the negligence of Bubble Lodge Ltd;
- To be SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR DAMAGES which he/her might incur while participating in Bubble Lodge activities, even if such an injury, loss or damages might have resulted from the negligence of Bubble Lodge Ltd;
- Not to hold liable and to indemnify BUBBLE LODGE LTD of any responsibility, for any damages to personal property, or physical harm, any third party resulting from his/her participation to Bubble Lodge activities;
- EXEMPT BUBBLE LODGE LTD, its heads, administrators, agents, volunteers, employees and representatives FROM ALL LIABILITY for any claims, demands, actions and costs which could result from his/her participation in Bubble Lodge activities, even if these claims, demands, actions and costs might have resulted from the negligence of Bubble Lodge Ltd.
He/she acknowledges having read and understood the present Contract, and that this agreement shall be legally binding upon himself, his heirs, executors, administrators and representatives.