Terms of sales
The terms used herein with a capital letter without having previously been defined have the meaning given to them below:
“Client” means a natural person, of full age, acting for their personal needs and having full legal capacity to commit themselves hereunder.
“Conditions of sale of the reserved rate” means the specific conditions of each reservation made by the Customer.
“Booking confirmation” means the document summarizing the details of the reservation made by the Client, sent by the website or the Hotel to the Client.
“Reservation request” means any hotel room reservation request made by the Customer.
“Hotel” means the hotel restaurant of the Town Hall, operated by the SARL HOTEL DE LA MAIRIE with a capital of € 138,213.40, whose registered office is at Place Barthelon – 05200 Embrun, registered with the RCS of Gap under number 304 499 296.
“Service” means any hotel room reservation service made by the Customer on the Hotel website.
“Hotel website” means the website dedicated to the Hotel accessible at the following address https://www.hoteldelamairie.com/
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale apply, without restriction or reservation to any purchase of hotel room reservation services and ancillary services (‘the Services’) offered by the Hotel (‘ the Provider ‘or the’ Hotel ”) to consumers and non-professional clients (‘Customers or Client’) on the Hotel website. The main characteristics of the Services are presented on the Hotel website. The Customer is required to read them before making any reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Client declares:
- Have full legal capacity to engage under these General Terms and Conditions of Sale.
- Make reservations for hotel rooms and ancillary services for personal needs.
- Be able to save and print these General Conditions of Sale.
The contact details of the Hotel are as follows:
Hotel Restaurant de la Mairie
05 200 Embrun
Phone. : + 00 33 (0) 4 92 43 20 65
Any reservation of hotel rooms made under these conditions implies full and unreserved consultation and acceptance by the Customer of the special conditions of the service provider, of the conditions of sale of the reserved rate and of these general conditions of sale. The Customer declares to have obtained from the Hotel all the necessary information available on the website.
These General Conditions of Sale are accessible at any time on the Hotel’s website and shall prevail, where applicable, over any other version or any other contradictory document. Unless proven otherwise, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Customer. Thus, entering banking information, accepting the General Conditions of Sale, the Conditions of Sale of the rate or the Reservation Request, has the same value between the Hotel and the Client as a handwritten signature on paper. The computerized registers kept in the Hotel’s computer systems will be kept under reasonable security conditions and considered as proof of communication, ordering and payment between the Hotel and the Customer.
The Hotel ensures that the writing confirming the conclusion of the contract is kept in electronic or paper format for a maximum period of 5 years. The Customer is informed that his IP address can be recorded at the time of booking.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing by mail and justifying of its identity at: Hôtel restaurant de la Mairie, Place Barthelon 05200 Embrun. These General Conditions of Sale also include the Personal Data Charter.
The Customer declares to have read these General Conditions of Sale (including the Personal Data Charter) and to have accepted them.
The validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale (including the Charter on Personal Data).
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the Hotel website.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website on the date of the reservation. The
These General Terms and Conditions of Sale are applicable while the services offered by the Hotel are online on the Hotel website. The Hotel reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – RESERVATIONS
The Customer selects the services he wishes to book on the website, as follows:
- Selection of room type and rate
- Selection of ancillary services if applicable
- Verification and validation of the detail of the reservation, the total amount of the reservation, the conditions of the selected rate
- Indication of contact details
- Entering the details of his bank card for deposit or payment according to the chosen rate.
- Consultation and acceptance of the general conditions of sale and the conditions of the rate selected prior to the validation of his reservation
- Confirmation of your reservation
The Customer acknowledges having read the nature, destination and reservation methods of the Services offered by the Hotel and having requested and obtained the information necessary to make their reservation in full knowledge of the facts. He is solely responsible for his choice of services and their suitability for his needs, so that the Hotel cannot be held liable in this regard.
The Customer agrees to complete the information requested on the reservation request and certifies the veracity and accuracy of the information transmitted.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the reservation by the Customer.
The Customer has the possibility to check the details of his reservation, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to verify the accuracy of the reservation and to immediately report any errors.
The sale of Services will only be considered final after sending the Customer confirmation of the acceptance of the reservation by the Service Provider, by email.
Any reservation made on the Hotel’s website constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
The Hotel reserves the right to cancel or refuse any reservation made by a Client with whom there is a dispute relating to the payment of a previous reservation. Each reservation is personal and cannot under any circumstances be transferred to a third party.
ARTICLE 3 – CANCELLATION
Any cancellation or modification of the stay must be written down by the customer to the hotel’s main email address, namely: email@example.com
Cancellation of a reservation at the Flexible rate:
In the event of cancellation of the Flexible rate reservation by the Customer after its acceptance by the Hotel, it must be made more than 24 hours (6 p.m.) before the planned date of stay. The hotel will cancel this reservation free of charge. After 6 p.m. the day before arrival, for any cancellation, the amount of the room will be debited from the credit card given as a deposit by the Customer at the time of his reservation.
Cancellation of a reservation at the Non-Cancellable Non-Refundable rate:
In the event of cancellation or modification of the reservation at the rate Non-cancellable Non-refundable by the Customer, 7 days before arrival, for any reason whatsoever, a sum corresponding to 100% of the total amount of the room will be charged. right acquired from the Service Provider and invoiced to the Customer. The same will apply in the event of the Customer’s no-show on the date scheduled for his arrival. The amount due will be debited 7 days from arrival on the credit card validated by the customer at the time of booking. The extras and tourist taxes in force will be paid at the time of the Customer’s departure on presentation of an invoice by the Hotel.
ARTICLE 4 – PRICES
The Services offered by the Provider are provided at the rates in effect on the Hotel’s website when the reservation is registered by the Provider. The prices are expressed in Euros and including all taxes. The prices take into account any reductions that may be granted by the Service Provider under the conditions specified on the Hotel website.
These prices are firm and not subject to revision during their period of validity, as indicated on the Hotel’s website, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time.
The prices are indicated before and during the reservation made by the Customer. They are per room for the number of people and the date selected.
The prices are confirmed to the Customer as an amount including all taxes (excluding tourist taxes) in the commercial currency of
at the Hotel. They take into account the VAT at the rate applicable on the day of the reservation; any change in the rate applicable to VAT will automatically be reflected in the rates indicated on the invoice date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities. The rates never include the tourist tax, which can be paid directly on site at the Hotel.
The Customer agrees to pay these various taxes without any dispute with the Hotel.
The payment requested from the Customer corresponds to the total amount of the purchase, except for this Tax.
Unless otherwise stated on the Site, additional services (breakfast, meals, drinks, etc.) are not included in the price.
An invoice is established by the Service Provider and given to the Customer at the time of payment for the latter’s stay.
ARTICLE 5 – TERMS OF PAYMENT
In the event of payment on a Non-Cancelable Non-Refundable Rate:
The price of the room is payable in cash, in full, 7 days before the arrival of the client, according to the terms specified in the article “Reservations” above, by secure payment:
– by bank cards: Visa, MasterCard, American Express.
When booking, the Customer provides his bank details, specifying the name of the bank card, the number of the bank card, the validity date (the bank card must be valid until the end of the stay) and the cryptogram.
The Service Provider will not be required to provide the Services ordered by the Customer if the price has not been paid in full beforehand under the conditions and above indicated.
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Service Provider.
In case of payment on a Flexible Rate:
When booking, the Customer provides his bank details, specifying the name of the bank card, the number of the bank card, the validity date (the bank card must be valid until the end of the stay) and the cryptogram. These bank details act as a deposit.
The price is payable in full on the day of provision of the reserved Services under the conditions defined in the article “Provision of Services” below and as indicated on the invoice given to the Customer at the time of his departure:
– by credit cards: Visa, MasterCard, American Express
– by check on presentation of an identity document
– by species
– by ANCV check and Restaurant Ticket (for payment of the restaurant bill for restaurant tickets)
The Customer may be asked to present an identity document as part of the procedures to prevent fraud against stolen or falsified bank cards or checks. Payments made by the Customer will only be considered final after effective receipt of the sums due in full by the Service Provider.
ARTICLE 6 – PROVISION OF SERVICES
The Services reserved by the Customer, which include hotel room reservation services and ancillary services will be provided according to the following terms, under the conditions provided for in these General Terms and Conditions of Sale supplemented by the Terms of Sale of the Tariff including the Customer has taken note of and accepted when making a reservation on the Hotel’s website. On arrival, the Customer will be asked to present their identity document in order to ensure their obligation to complete a Police Card.
* The Hotel is a completely non-smoking area, whether in the bedroom, public areas, the bar or the dining room. The customer will be held responsible for direct and / or indirect damage resulting from the act of smoking in the Hotel-Restaurant. He will therefore be liable for the full amount of the cost of cleaning and restoring the damaged item or space to its original condition.
* Animals, as long as they are kept on a leash or in a cage in the common areas of the establishment, may be accepted according to the Hotel’s policy in force for the payment of a supplement.
* The Customer’s personal effects left in the Hotel room or in the public areas of the Hotel are their sole responsibility. The Hotel cannot be held responsible for the loss, theft, deterioration or damage caused to said effects.
* The customer accepts and agrees to use the room with due diligence. Also any behavior contrary to good morals and public order will cause the Hotel to ask the Customer to leave the establishment without any compensation and or without any refund if a payment has already been made. In the event that no payment has yet been made, the customer must pay the price for the nights spent before leaving the establishment. The customer
will be held responsible for all direct and / or indirect, consequential damages of which he is the author, observed in the reserved room or which he could cause within the Hotel and / or the restaurant. Consequently, he undertakes to compensate the Hotel for the amount of said damages, without prejudice to any damages that may be due, legal costs and legal costs incurred by the Hotel.
* WIFI access (paid or not) allowing customers to connect to the internet may be offered according to the Hotel Policy in force. The customer undertakes that the computer resources made available to him by the hotel are not in any way used for the purposes of reproduction, representation, provision or communication to the public of works or objects. protected by copyright or by a neighboring right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Code of intellectual property when this authorization is required. If the customer does not comply with the aforementioned obligations, he would risk being accused of an offense of counterfeiting (article L.335-3 of the intellectual property code), punishable by a fine of 300,000 euros and three years’ imprisonment. . The customer is also required to comply with the security policy of the hotel’s internet service provider, including the rules for using the means of securing implemented in order to prevent the illicit use of resources. and to refrain from any act that undermines the effectiveness of these means.
* Unless expressly provided otherwise, the Room will be made available to the Customer on the day of his arrival from 4 p.m. and the Customer will leave the room on the day of his departure between 7 a.m. and 10:30 a.m. at the latest. Otherwise, an additional night will be billed to the Customer. The Customer will have to check his departure date. In the event of early departure, charges equivalent to one night’s stay will be charged, unless the Customer has notified the Hotel at least 24 hours before departure.
* As the establishment is entirely non-smoking, the hotel management reserves the right to charge and charge an additional 40 € for any trace, residue or smell of cigarettes in one of our rooms.
* The Service Provider undertakes to make its best efforts to provide the Services reserved by the Customer, as part of an obligation of means.
The Customer will have 8 days from the date of departure from the Hotel to issue, in writing to the address firstname.lastname@example.org, reservations or complaints concerning the provision of the Services, with all supporting documents. relating thereto, at the Hotel. No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
In the absence of reservations or complaints expressly made within this period by the Customer upon receipt of the Services, they will be deemed to comply with the reservation, in quantity and quality.
In the event of dislocation:
In the event of an exceptional event, case of force majeure or the impossibility of making the reserved room available to the Customer, the Reserve Hotel has the possibility of having the Customer fully or partially accommodated in a hotel of an equivalent category, for services of the same nature and subject to the prior agreement of the Customer.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with Article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in Article L 221-18 of the Consumer Code, given the nature of the services provided.
The contract is therefore definitively concluded as soon as the reservation is made by the Customer in accordance with the terms specified in these General Terms and Conditions of Sale.
ARTICLE 8 – RESPONSIBILITY OF THE GUARANTEE PROVIDER
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer against any lack of conformity or hidden defect, resulting from a failure to perform the Services reserved and actually paid for under the conditions and according to the methods defined in these General Conditions. of Sale.
The Services provided through the Hotel website comply with the regulations in force in France. The Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 9 – DATA PROCESSING AND FREEDOMS
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for processing their reservation and for preparing invoices, in particular.
These data are not processed and intended for the Hotel and may be communicated to any partners responsible for the execution, processing, management and payment of reservations as well as the Customer’s stay.
In addition, the Hotel may send its customers by e-mail its newsletter, promotional offers, a satisfaction questionnaire following their hotel stay. The processing of information communicated through the Hotel’s website has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised under the conditions and according to the procedures defined on the Hotel website.
The personal data protection policy can be viewed in the Personal Data Protection Charter available on the Hotel website.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the Hotel’s website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 11 – UNEXPECTED
These General Conditions of Sale expressly exclude the legal contingency regime provided for in Article 1195 of the Civil Code for all Service operations from the Provider to the Customer. The Service Provider and the Customer therefore each waive the right to avail themselves of the provisions of article 1195 of the Civil Code and of the unforeseen regime provided for therein, committing to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the time of the conclusion of the sale, even though their execution would prove to be excessively onerous and bear all the economic and financial consequences.
ARTICLE 12 – FORCE MAJEURE
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
Article 13: MISCELLANEOUS PROVISIONS
These General Conditions of Sale, the Personal Data Charter, the Conditions of Sale of the rate reserved by the Customer, the Reservation Request, the Reservation Confirmation by the Customer, constitute the entire agreement of the parties within the limit of its object. They replace and cancel, consequently, within this limit, any verbal or written agreement which would be prior to them.
No tolerance, whatever its nature, extent, duration or frequency, can be considered as creating any right and can not lead to limit in any way whatsoever, the possibility of ” invoke each of the clauses of these General Conditions of Sale, at any time, without any restriction.
Any clause of these General Conditions of Sale which would come to be declared null or unlawful by a competent judge would be deprived of effect, but its nullity could not affect the other stipulations, nor affect the validity of the General Conditions of Sale as a whole or their legal effects.
ARTICLE 14 – APPLICABLE LAW – LANGUAGE
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 15 – DISPUTES
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been to be resolved between the Hotel and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular to the Consumer Mediation Commission (C. consom. Art. L 612-1) or to any alternative method of settling claims. disputes (conciliation, for example) in the event of a dispute.
ARTICLE 16 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having been informed, prior to placing his reservation and concluding the contract, in a readable and understandable manner, of these General Conditions of Sale and of all the information listed in article L. 221-5. of the Code of consumption, and in particular the following information:
- the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- the price of the Services and ancillary costs;
- in the absence of immediate execution of the contract, the date or the period by which the Service Provider undertakes to provide the reserved Services;
- information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if it is not apparent from the context,
- information relating to legal and contractual guarantees and their implementation methods;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to important contractual conditions.
- the accepted payment methods.
The fact that a natural (or legal) person makes a reservation on the Hotel’s website implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer. , which waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Service Provider.