Terms and conditions of sale
Capitalized terms used herein without prior definition shall have the meanings set forth below:
"Customer" means a natural person of legal age, acting for his/her own personal needs and having full legal capacity to enter into commitments hereunder.
"Conditions of sale of the reserved fare" refers to the specific conditions of each reservation made by the Customer.
"Reservation Confirmation" means the document summarizing the details of the reservation made by the Customer, sent by the website or the Hotel to the Customer.
"Reservation Request" refers to any request made by the Customer to reserve a hotel room.
"Hotel" refers to the hotel Les Jardins de Cassis, operated by SAS Les Jardins de Cassis with capital of €10,000, whose registered office is at Rue Auguste Favier 13260 CASSIS, registered with the RCS of Marseille under number 529567 221.
"Partners" refers to all service providers who have entered into a service contract or partnership agreement with the Hotel.
"Service" refers to any hotel room reservation service provided by the Customer on the Hotel's website.
"Hotel website" refers to the website dedicated to the Hotel, accessible at www.hotel-lesjardinsde-cassis.com.
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of hotel room reservation services and related services ("the Services") offered by the Hotel ("the Provider" or "the Hotel") to consumers and non-professional customers ("the Customers" or "the Customer") on the Hotel's website. The main features of the Services are presented on the Hotel's website. It is the Customer's responsibility to familiarize himself/herself with them before making a reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares :
- He/she has full legal capacity to enter into the present Terms and Conditions.
- He/she is reserving hotel rooms and related services for his/her own personal use.
- Be able to save and print these General Terms and Conditions of Sale. The contact details of the Hotel are as follows:
Hôtel Les Jardins de Cassis - Rue Auguste Favier - 13260 CASSIS
These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to other sales channels for the Services.
The Customer is hereby informed that the Hotel has entered into partnership agreements with third-party travel service providers in order to enable the Customer to search for, select and reserve rooms in the Hotel by using the services offered by these partners on their websites. Any reservation of hotel rooms made under these conditions implies that the Customer has consulted and fully and unreservedly accepted the service provider's special conditions, the conditions of sale for the rate reserved and these general conditions of sale. The Customer declares that he/she has obtained all necessary information from the Hotel, which is available on the website.
The present General Terms and Conditions of Sale are accessible at all times on the Hotel's website and shall prevail, where applicable, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded in the service provider's computer system constitutes proof of all transactions entered into with the Customer. Thus, the entry of bank details, the acceptance of the General Terms and Conditions of Sale, the Tariff Terms and Conditions of Sale or the Reservation Request have the same value between the Hotel and the Customer as a handwritten signature on paper. The computerized records stored in the Hotel's computer systems shall be kept under reasonable security conditions and shall be considered as proof of communication, orders and payments between the Hotel and the Customer.
The Hotel shall keep the written record of the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
Validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the Hotel's website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website at the date of the reservation.
These General Terms and Conditions of Sale are applicable while the services offered by the Hotel are online on the Hotel's website. The Hotel reserves the right to temporarily or permanently close access to its website.
ARTICLE 2 - Bookings
The customer selects the services he wishes to book on the website, as follows:
1. Selection of room type and rate
2. Selection of any additional services
3. Check and validate booking details, total amount, rate conditions
4. Provide contact details
5. Enter credit card details in case of guarantee or prepayment.
6. Consultation and acceptance of the general conditions of sale and the conditions of the selected fare before validating the booking.
7. Confirmation of booking
The Customer acknowledges that he/she is aware of the nature, purpose and reservation terms of the Services offered by the Hotel, and that he/she has requested and obtained the information necessary to make a reservation with full knowledge of the facts. The Customer is solely responsible for his or her choice of services and their suitability for his or her needs, and the Hotel cannot be held liable in this respect.
The Customer undertakes to complete the information requested on the reservation request and attests to the truthfulness and accuracy of the information provided.
Contractual information is presented in French and is confirmed at the latest when the reservation is validated by the Customer.
It is therefore the Customer's responsibility to check the accuracy of the reservation and to immediately report any errors.
The sale of Services will only be considered definitive once the Service Provider has sent the Customer confirmation of acceptance of the reservation by e-mail, and once the Service Provider has received payment in full.
Any reservation made on the Hotel's website constitutes the formation of a distance contract between the Customer and the Supplier.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute over payment of a previous reservation.
Each reservation is nominative and may under no circumstances be transferred to a third party.
Cancellation of a reservation :
- In the event of cancellation of the reservation by the Customer after its acceptance by the Hotel less than 48 hours before the scheduled date of stay, for any reason whatsoever, a sum corresponding to the total amount of the 1st night will be automatically acquired by the Provider and invoiced to the Customer, by way of damages, in compensation for the prejudice suffered.
- In the event of cancellation of the reservation by the Customer after its acceptance by the Hotel less than 24 hours before the scheduled date of stay, for any reason whatsoever, a sum corresponding to 100% of the total amount of the stay will be automatically acquired by the Provider and invoiced to the Customer, as damages, in compensation for the loss suffered.
The same shall apply in the event of the Customer's failure to arrive on the scheduled arrival date.
Cancellation / Modification of a Non-Cancellable Non-Refundable reservation :
In the event of cancellation or modification of the non-cancellable, non-refundable reservation by the Customer, for any reason whatsoever, a sum corresponding to 100% of the total amount will be automatically acquired by the Provider and invoiced to the Customer. The same shall apply in the event of the Customer's failure to arrive on the scheduled arrival date.
ARTICLE 3 - PRICES
The Services offered by the Provider are provided at the rates in effect on the Hotel's website at the time the reservation is recorded by the Provider. Prices are expressed in Euros, exclusive of VAT.
Rates take into account any discounts granted by the Service Provider under the conditions specified on the Hotel's website.
These rates are firm and non-revisable during their period of validity, as indicated on the Hotel's website, the Provider reserving the right, outside this period of validity, to modify prices at any time.
Rates are quoted both before and at the time of booking. They are per room for the number of people and the date selected.
Rates are confirmed to the customer in the hotel's commercial currency and include VAT (excluding tourist tax). They include VAT at the rate applicable on the day of booking; any change in the applicable VAT rate will automatically be reflected in the rates indicated on the billing date. The same applies to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
The Customer undertakes to pay these various taxes to the Hotel without any dispute.
The payment requested from the Customer corresponds to the total amount of the purchase.
Unless otherwise stated on the Site, ancillary services (breakfast, etc.) are not included in the price.
An invoice is issued by the Service Provider and given to the Customer when the reserved Services are provided.
ARTICLE 4 - PAYMENT TERMS
In the event of cash payment on the day of booking:
The price is payable in cash, in full, on the day the reservation is confirmed by the customer, according to the terms specified in the "Reservations" article above, by secure payment:
- by credit card: Visa, Visa electron, Mastercard, Diner, Amex.
At the time of booking, the Customer provides his/her bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end date of the stay) and the cryptogram.
The customer must present the credit card used to pay for the reservation at the hotel. The Customer may be asked to show proof of identity as part of the procedures to prevent credit card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in accordance with the above conditions.
Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.
In the event of cash payment on provision of services:
The price is payable in cash, in full, on the day of provision of the Services reserved under the conditions defined in the article "Provision of Services" below and as indicated on the invoice given to the Customer, by secure payment:
- by credit card: Visa, Visa electron, Mastercard, Diner, Amex.
On arrival, the Hotel will ask the Customer to pay a security deposit or authorize the debiting of his/her bank card, in order to guarantee payment of the sums corresponding to the services consumed on site.
The Customer will then provide his/her bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end date of the stay) and the cryptogram.
The Customer may be asked to show proof of identity as part of procedures to prevent credit card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has been paid in full in accordance with the above conditions.
Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.
ARTICLE 5 - Supply of Services
The Services booked by the Customer, which include hotel room reservations and ancillary services, will be provided in accordance with the following terms and conditions, which the Customer has read and accepted when booking on the Hotel's website.
On arrival, the Customer will be asked to show proof of identity.
The Hotel is a non-smoking area. The customer will be held responsible for any direct and/or indirect, consequential damage resulting from smoking in the Hotel. They will therefore be liable for the full cost of cleaning and restoring the damaged item or area to its original state.
Pets are not allowed in the hotel.
The Customer is entirely responsible for any personal belongings left in the Hotel room, particularly outside the safe or in the public areas of the Hotel. The Hotel cannot be held responsible for the loss, theft, deterioration or damage caused to said effects.
The customer accepts and undertakes to use the room with good manners. Any behavior contrary to good morals and public order will lead the hotel to ask the customer to leave the establishment without any compensation or refund if payment has already been made. If no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
The customer will be held responsible for all direct and/or indirect, consequential damage caused by him/her in the reserved room or within the hotel. Consequently, the Customer undertakes to compensate the Hotel for the amount of the said damage, without prejudice to any damages and interest that may be due, as well as the costs of proceedings and legal fees incurred by the Hotel.
WIFI access (with or without a charge) enabling customers to connect to the Internet may be offered in accordance with the Hotel's current policy. The customer undertakes to ensure that the computer resources made available by the hotel will not be used in any way for the purpose of reproducing, representing, making available or communicating to the public works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audio-visual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorization is required. Should the customer fail to comply with the aforementioned obligations, he or she risks being accused of counterfeiting (article L.335-3 of the French 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 governing the use of security measures implemented to prevent the unlawful use of IT resources, and to refrain from any action that may undermine the effectiveness of these measures.
Unless expressly agreed otherwise, the room will be made available to the Customer at 3 p.m. on the day of arrival and the Customer will leave the room at 11 a.m. on the day of departure. Failing this, an additional night will be charged to the Customer. Customers must check their departure date. In the event of early departure, a fee equivalent to one night's accommodation will be charged, unless the Customer has notified the Hotel at least 24 hours prior to departure.
The Service Provider undertakes to use its best efforts to provide the Services booked by the Customer, on a best-efforts basis.
The Customer shall have a period of 8 days from the date of departure from the Hotel in which to express any reservations or complaints concerning the provision of the Services, in writing, to the Hotel, together with all supporting documents.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
In the absence of reservations or complaints expressly made within this time limit by the Customer upon receipt of the Services, the latter will be deemed to be in conformity with the reservation, in terms of quantity and quality.
In the event of dislocation :
In the event of an exceptional event, force majeure or the impossibility of making the reserved room available to the Customer, the Hotel reserves the right to accommodate the Customer in whole or in part in a hotel of equivalent category, for services of the same nature and subject to the prior agreement of the Customer.
ARTICLE 6 - RIGHT OF RETRACTION
In accordance with article L 221-28 of the French Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the French 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 and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 - Service Provider's liability - Warranty
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect arising from a failure to perform the Services reserved and effectively paid for under the conditions and according to the terms defined in these General Terms and Conditions of Sale.
The Services provided via the Hotel's website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which must be verified by the Customer, who is solely responsible for the choice of Services requested.
ARTICLE 8 - Data protection
In accordance with the French Data Protection Act 78-17 of January 6, 1978, we remind you that the personal data requested from the Customer is necessary for the processing of his/her reservation and, in particular, for the preparation of invoices.
This data is processed and intended for use by the Hotel, and may be communicated to any partners entrusted with the execution, processing, management and payment of reservations and the Customer's stay.
In addition, the Hotel may send its customers newsletters, promotional offers and satisfaction surveys by e-mail.
ARTICLE 9 - Intellectual property
The content of the Hotel's website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 - Anticipation
The present General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the French Civil Code for all Service operations from the Service Provider to the Customer. The Service Provider and the Customer hereby waive the right to invoke the provisions of Article 1195 of the French Civil Code and the unforeseeable circumstances regime provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
ARTICLE 11 - Act of God
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
ARTICLE 12: MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, the Reservation Request and the Customer's Reservation Confirmation constitute the entire agreement between the parties within the limits of its purpose. They consequently replace and cancel, within this limit, any prior verbal or written agreement.
No tolerance, whatever its nature, scope, duration or frequency, may be considered as creating any right whatsoever and may not lead to limiting in any way whatsoever the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction whatsoever.
Any clause of the present General Terms and Conditions of Sale which may be declared null and void or illegal by a competent judge shall be rendered ineffective, but its nullity shall not affect the other stipulations, nor the validity of the General Terms and Conditions of Sale as a whole or their legal effect.
ARTICLE 13 - Applicable law - Language
The present General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of litigation.
ARTICLE 14 - Disputes
Any and all disputes arising out of or in connection with the purchase or sale transactions entered into pursuant to these general terms and conditions of sale, concerning the validity, interpretation, performance, termination, consequences or consequences thereof, and which cannot be resolved between the Hotel and the Customer, shall be submitted to the competent courts under the conditions of ordinary law.
The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 15 - Pre-contractual information - Customer acceptance
The Customer acknowledges having been provided, prior to the booking and conclusion of the contract, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with 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 related charges;
- in the absence of immediate execution of the contract, the date or deadline by which the Service Provider undertakes to provide the reserved Services;
- information concerning the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- information on legal and contractual warranties and how they may be invoked;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of recourse to conventional mediation in the event of a dispute;
- information on important contractual conditions.
- accepted means of payment.
The fact that an individual (or legal entity) makes a reservation on the Hotel's website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Service Provider.