GENERAL SALES CONDITIONS
These general sales conditions (hereinafter: “GSCs”) apply to the sales made by the Hotel (hereinafter: “the Company”) with the Client.
They cancel and replace any prior version that has been placed online and/or accepted by the Client.
These GSCs apply to all uses of the site, notably, to the commercialisation, by Internet and by telephone, of all of the services offered on the Site by LES HOTELS BAVAREZ.
It is therefore critical that the Client read attentively the GSCs that are referenced by hypertext link on each page of the site. In particular, the Client is advised to download and/or print these on the day of his/her order, so as to keep a copy of these, as they are subject to modification. However, it is hereby stipulated that such modifications shall be inapplicable to the orders of Services placed previously.
The GSCs can be supplemented by specific sales conditions contained in the description of the service, as well as by the general conditions of the providers, which can be accessed either on their Internet Site, or on the premises.
The Client acknowledges that s/he has the capacity to enter into a contract, i.e. that it is an adult as defined by law and is not under guardianship or trusteeship.
The Client also declares that it will use the Site in accordance with these GSCs, in its name and on behalf of all of the beneficiaries of the services ordered by it on the Site, of which it acknowledges that it is the representative (hereinafter: the “Beneficiaries”) and on which these GSCs are binding.
The Client is financially responsible for the use of the Site in both his/her own name and on behalf of the Beneficiaries, unless s/he demonstrates fraudulent use that does not result from any fault or negligence by her/him.
The Client warrants the veracity and the accuracy of the information provided by him/her in its name and on behalf of all of the Beneficiaries using its data on the Site.
The Company reserves the right at any time not to enter into a contract with a Client who engages in fraudulent use of the Site or that violates these GSCs.
The terms of Article 313-1 of the French Criminal Code [Code Pénal] are hereby recalled in this connection:
"Fraud is characterised either by the use of a false name or a false status, or by the misuse of a genuine status, or by the use of fraudulent ploys to deceive a natural person or legal entity and to define it as such, to its prejudice or to the prejudice of a third-party, to submit funds, securities, or any asset, to supply a service, or to grant an act entailing an obligation or a release. Fraud is punished by five years of imprisonment and a fine of € 375,000.”
3. RIGHT TO CANCEL
Pursuant to the provisions of Article L 121-21-8 of the French Consumption Code [Code de la Consommation], the services offered on the Site by the Company are not subject to the application of the right to cancel mentioned in Articles L. 121-21 et seq. of the Consumption Code concerning sales at a distance.
Consequently, the services ordered on the Site are exclusively subject to the cancellation and modification conditions contained in these GSCs and the Client cannot invoke the right to cancel.
The prices are indicated in euros. VAT is included in the prices indicated. Any change of the applicable rate, or any modification or introduction of new official taxes established by the competent authorities, shall be automatically passed onto the prices indicated on the invoice date.
The prices are understood to cover one room for the number of persons indicated and in accordance with the period selected.
The prices indicated only include the services specifically mentioned in the reservation. The price mentioned in the reservation shall be increased by the price of the additional services supplied by the hotel at the time of the stay, and, if applicable, the visitors’ tax.
The prices mentioned on the Site are subject to modification at any time by the Hotel without prior information or notice. Only the price indicated in the reservation confirmation by the Company is contractual.
No stay reserved prior to the introduction of a promotional offer shall be subject to reimbursement, including partial.
Choose to pay in your own currency when using your Visa or Mastercard and benefit from the best exchange rate and of the lowest exchange fee upon departure
5. ONLINE ORDERS
When placing its order, the Client must necessarily:
- fill out the identification sheet on which s/he will indicate all of the contact information requested or give his/her Client number if s/he has one,
- fill out the online order form and give all of the references of the products or services chosen,
- confirm his/her order after having checked it,
- make payment in the stipulated conditions and confirm his/her order and its payment in the event s/he opts for an advance purchase style plan, or send the Company his/her bank account information if s/he opts for a flexible plan.
The confirmation of the order entails acceptance of these sales conditions, acknowledgment of full cognisance thereof, and an undertaking not to rely on his/her own purchasing conditions or other conditions.
All of the data supplied and the registered confirmation shall be proof of the transaction. Confirmation shall be deemed as signature and acceptance of the transactions executed.
The Company shall send the Client, by any means (e-mail, regular postal mail, fax, etc.) confirmation of the recorded order.
The reservation is only firm and final after the Client has received the confirmation sent by the Company.
The rates, terms and conditions of a reservation are intended for the sale of hotel rooms according to their initial purpose (accommodation). The hotel reserves the right to change the rates, terms and conditions, or simply to cancel the reservation, if the rooms are used for other purposes such as photo shooting, film making, showrooms, interviews…
6. ONLINE PAYMENT CONDITIONS
According to the type of reservation made, the price is due in full at the time of the placing of the order (advance purchase style plan) or at the end of the Client’s stay at the Hotel (flexible plan).
Regardless of the circumstances and in order to guarantee his/her reservation, the Client is asked to communicate his/her credit card number, which shall be transmitted by secure means.
If payment is made at the time the order is placed, the credit card information transmitted by the Client to the Company via a secure system shall enable the latter to debit the card for the total amount of the stay, in all cases by secure means. The Client’s credit card is debited on the day of the order; the invoice is transmitted by the Company to the Client on the day the Client leaves the Hotel.
Please be advised that the credit card used to make the reservation must be presented at check-in, as well as valid identification. The cardholder’s name must match the guest’s name. If the same credit card cannot be presented, the guest will need to present a new credit card for full payment to be taken.
Third-Party Credit Card: if a non-guest wishes to pay for a guest in the hotel, the hotel will require specific documents prior to the guest’s arrival in order to prevent bank card fraud.
Please note that the hotel may proceed to a pre-authorization on your credit card to ensure sufficient funds are available to cover the charges for your stay at any time prior to arrival.
7. MODIFICATION AND/OR CANCELLATION OF A RESERVATION
Reservation cancellations and/or modifications can be authorised in accordance with the pricing plan chosen by the Client.
If the Client chooses a flexible plan, any request to modify and/or cancel a reservation must be made as quickly as possible and at the latest within the following time limits, depending on the hotel in question:
As regards Hôtel Regina and Hôtel Raphael
During low and medium seasons (except for periods during which business fairs and special events take place): at least 24 hours prior to the beginning of the stay.
During the high season and business fair periods: at least 48 hours prior to the beginning of the stay.
During special events periods: 72 hours.
As regards Hôtel Majestic - Spa
The entire year (except for certain special events): at least 48 hours prior to the beginning of the stay.
During special events periods (for example, Euro 2016 – European football championships): 72 hours.
The modification and/or cancellation of a reservation is only firm and final after receipt of a confirmation by e-mail from the Company.
The date of receipt of the modification and/or cancellation request (by e-mail, postal mail, telephone) is the date used for the cancellation.
If the Client opts for an advance purchase style plan, no modification or cancellation shall be accepted and the total amount of the stay shall be kept by the Hotel and the Client shall not be entitled to request any reimbursement.
If the Client does not come to the Hotel, and in the absence of cancellation:
- The entire amount of the reservation shall be kept by the Hotel in the case of an “Advance purchase style plan” reservation;
- The first night shall be debited by the Hotel in the event of a “Flexible plan” reservation.
In addition, for a stay of at least 2 nights, if the Client does not come to the Hotel on the first day of the stay, the Hotel shall not be required to keep the room available to the Client for the remainder of the stay.
The Client is asked to arrive at the Hotel on the check-in day prior to 6 pm and to notify the hotel if s/he will arrive after 6 pm, failing which s/he shall be considered as not having come to the Hotel on the first day of the stay.
8. TRANSFER OF THE CLIENT TO ANOTHER HOTEL
If the Hotel is not available, or in a force majeure situation, the Hotel reserves the right to have the Client stay, for all or part of the duration of the stay, in a hotel of an equivalent or higher category, offering services of the same type. In this case, the transfer shall be paid for by the hotel, which cannot be asked to pay any additional compensation.
9. RELATED SERVICES – PACKAGES
Orders for related services and/or packages can only be placed at the same time as the reservation of a stay at the hotel on a given, predetermined date.
They can only be used by the Client during the Client’s stay at the Hotel. They can only be modified and/or cancelled in the conditions defined in Article VII of this document.
10. FORCE MAJEURE
Force majeure is understood as any event that is unrelated to the parties and that is both unforeseeable and insurmountable, that prevents either the client, or the hotelier, from performing all or some of the obligations contained in the contract.
In particular, this shall be the case in the event of a strike, insurrection, strike, or prohibitions established by government or public authorities.
It is expressly agreed that the force majeure situation shall suspend the parties’ performance of their reciprocal obligations and that each party shall pay the resulting expenses.
In particular, Clients shall only pay all of the additional expenses that could be incurred in order to make it possible to continue the trip, following the occurrence of a force majeure situation.
Any complaints must be sent to the following address: LES HOTELS BAVAREZ - 2 PLACE DES PYRAMIDES - 75001 PARIS - FRANCE, within 15 days following the stay that is the subject of the complaint. Thereafter, no complaint shall be considered.
12. DATE PROCESSING AND FREEDOMS
Pursuant to the French Act 78-17, called “Data Processing and Freedoms”, clients are informed that their reservation is processed electronically by name. Clients have the right to access and rectify the data entered, a right they can exercise at the registered office: LES HOTELS BAVAREZ - 2 PLACE DES PYRAMIDES - 75001 PARIS - FRANCE. Please note that this information is not communicated to third parties.
The Company offers Wi-Fi Internet access. The Client undertakes that the computer resources made available to him/her shall not in any manner be used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by neighbouring rights, such as texts, photographic images, audio-visual musical works, software programs and video games, without the authorisation of the holders of the right indicated in Book I and II [Livre I et II] of the French Intellectual Property Code [Code de la propriété intellectuelle] if this authorisation is required.
The Hotel has a video surveillance system in the shared parts of the building, as well as in the car park.
The Company waives all liability in case of theft, loss, or damage of the objects belonging to clients during their stay.
The Client shall be held responsible for any damage, deterioration, or any act of vandalism that could occur as a result of the occupancy of the premises and/or due to the act or fault of the participants and/or of the personal for which the Client is responsible, to movable property, decorations and immovable property, whether or not these belong to the hotel. Accordingly, the Company is fully entitled to ask the Client to vacate the hotel without any compensation and without any reimbursement for the stay in progress, and to reimburse the damages caused by these acts.
The Company, in the online sales process, is only bound by a best efforts obligation. It cannot incur liability for damage resulting from the use of the Internet network, such as lost data, intrusion, virus, interruption of service, or other involuntary problems.
14. GOVERNING LAW
These general sales conditions are governed by French law. The same shall apply as regards rules of both substance and form. French courts shall have exclusive jurisdiction to hear disputes.