DEFINITIONS AND INTERPRETATIONS
Without having previously been defined, the terms used here in beginning with a capital letter have the meanings set out below:
"Client" means a natural person, above the age of 18, acting to satisfy his/her personal requirements and with the full legal capacity to commit himself/herself to these general terms and conditions.
“Terms & Conditions of sale for the rate booked” means the specific conditions for each booking made by the Client.
“Booking confirmation” means the document summarising the details of the booking made by the Client sent to the Client by the Website or Hotel.
“Booking request” means any booking request for a hotel room submitted by the Client.
“Hotel” means the hotel Best Western Hôtel Marquis de la Baume, operated by HOTEL LA BAUME with capital of €37 000, with its registered office 21 rue Nationale – 30000 NÎMES, with the Nîmes RCS number 442985164.
“Partners” means all service providers, which have concluded a contract for the provision of services or a partnership agreement with the Hotel.
“Service” means any service for booking a hotel room used by the Client on the Hotel's Website.
“Hotel's Website” means the Hotel's dedicated website, which is accessible at the following address: http://www.best-western-marquis-de-la-baume.com/fr/index-fr.html
ARTICLE 1 - SCOPE
These General Terms & Conditions of Sale apply, without restriction or reservation, to all purchases of services for booking hotel rooms and related services (“the Services”) offered by the Hotel (“the Service Provider” or the “Hotel”)) to non-business customers and clients (“The Clients or the Client”) on the Hotel's Website.
The key characteristics of Services are presented on the Hotel’s Website.
The Client is invited to acquaint himself/herself with them before making a booking. The choice of and purchase of a Service is the Client's sole responsibility.
The Client declares:
That he/she has the full legal capacity to commit himself/herself to these General Terms & Conditions of Sale.
That he/she is booking hotel rooms and related services for his/her own personal use.
That he/she is able to save and print these General Terms & Conditions of Sale.
The Hotel’s details are as follows:
Best Western Hôtel Marquis de la Baume
21, rue Nationale
These terms & conditions apply, to the exclusion of all other terms & conditions and, in particular, those applicable to other channels for marketing Services.
The Client is made aware that the Hotel concludes partnership agreements with third party travel providers, to enable him/her to search for, select and book rooms in the Hotel using the services provided by these partners on their websites. All hotel room bookings made under these conditions involve the Client reading and fully and unreservedly accepting the service provider's specific conditions, the terms & conditions of sale for the rate booked and these general terms & conditions of sale. The Client declares that he/she has obtained from the Hotel all the necessary and available information on the Website.
These General Terms & Conditions of Sale are accessible at any time on the Hotel’s Website and, where applicable, shall take precedence over any other contradictory version or document.
Unless proven otherwise, the data stored in the service provider's IT system constitutes proof of all transactions concluded with the Client. Thus, the entry of bank details, acceptance of the General Terms & Conditions of Sale, the Terms & Conditions of Sale for the rate or the Booking request, has the same legal effect, between the Hotel and the Client, as a handwritten signature on a physical document. The computerised records stored within the Hotel’s IT systems shall be kept in reasonably secure conditions and regarded as proof of communication, orders and payments involving the Hotel and the Client.
The Hotel shall retain documents confirming the conclusion of a contract in an electronic or printed form for a maximum of 5 years.
The Client is informed that his/her IP address is logged when making a booking.
Pursuant to the RGPD, the Client has a right to access, correct and object to all of his/her personal data, at any time, by writing a letter, with proof of his/her identity, to:
HOTEL LA BAUME
21 rue Nationale
These General Terms & Conditions of Sale also comprise the Personal Data Protection Charter.
The Client declares that he/she has read these General Terms & Conditions of Sale (including the Personal Data Protection Charter) and has accepted them by ticking the box intended for this purpose, before completing the online booking procedure, as well as the General Terms & Conditions for Using the Hotel’s Website.
Confirmation of the booking of Services by the Client implies the unrestricted and unreserved acceptance of these General Terms & Conditions of Sale (including the Personal Data Protection Charter).
The Client confirms that he/she has the necessary capacity to enter into a contract and purchase the Services offered in the Hotel’s Website.
As these General Terms & Conditions of Sale may be subject to subsequent amendment, the applicable version for the Client’s purchase is that appearing on the website on the booking date.
These General Terms & Conditions of Sale are applicable for the period for which 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 Client selects the services he/she wishes to book on the Website, as follows:
He/she selects the type of room and the rate
He/she selects related services, where applicable
He/she checks and confirms the booking details, the total cost of the booking and the terms & conditions for the rate
He/she enters his/her details
He/she enters his/her debit/credit card details as a guarantee or for prepayment
He/she reads and accepts the general terms & conditions of sale and the terms & conditions
for the rate selected before confirming his/her booking
He/she confirms his/her booking
The Client confirms that he/she is aware of the nature, purpose and procedures for booking Services offered by the Hotel and has requested and obtained the necessary information to proceed with his/her booking in full knowledge of the facts. He/she is solely responsible for his/her choice of services and that they are commensurate with his/her requirements, such that the Hotel may not be held liable in this respect.
The Client undertakes to provide the information requested on the Booking request and confirms the truthfulness and accuracy of the information provided.
The contractual information is presented in French and forms the subject of a confirmation, at the latest when the booking is confirmed by the Client.
For bookings made solely on the internet, a booking is recorded on the Service Provider's website when the Client accepts these General Terms & Conditions of Sale by ticking the box intended for this purpose and confirming his/her booking. The Client has the opportunity to check the details of his/her booking and its total price, and to correct possible errors, before confirming his/her acceptance. This confirmation implies acceptance of the entire General Terms & Conditions of Sale and constitutes proof of a contract of sale.
Therefore, it is the responsibility of the Client to check the accuracy of the booking and to immediately report any errors.
The sale of Services shall only be considered definitive once the Client has been sent a confirmation that the booking has been accepted by the Service Provider, by e-mail, and after the full price has been received by the latter.
All bookings made on the Hotel's Website constitute a contract concluded remotely between the Client and the Service Provider.
The Hotelreserves the right to cancel or refuse any booking from a Client with whom there may be a dispute relating to payment for a previous booking.
Every booking is made in the name of a Client and may not transferred to a third party under any circumstances.
Cancellation of a Flexible rate booking
In the event of the cancellation of a Flexible rate booking by the Client after it has been accepted by the Hotel but less than 48 hours before his/her arrival, for whatever reason, a sum equivalent to the total cost of the 1st night shall be rightfully collected by the Service Provider and charged to the Client, by way of compensation for the loss sustained.
Cancellation / Amendment of a Non-cancellable Non-refundable rate booking
In the event of the cancellation or amendment of a Non-cancellable Non-refundable rate booking by the Client, for whatever reason, a sum equivalent to 100% of the total prepaid amount shall be rightfully collected by the Service Provider and charged to the Client. The same shall apply should the Client fail to appear on his/her intended arrival date.
ARTICLE 3 - RATES
The Services offered by the Service Provider are provided at the rates appearing on the Hotel’s Website when the booking is recorded by the Service Provider. The prices are in Euros, excluding VAT and including VAT.
The rates take account of possible reductions that may be granted by the Service Provider under the conditions specified on the Hotel’s Website.
These rates are fixed and non-adjustable for their validity period, as stipulated on the Hotel's Website, with the Service Provider reserving the right to amend the prices at any time, outside this validity period.
The rates are displayed before and at the time of the booking made by the Client. They apply per room for the selected number of guests and date.
The rates are confirmed to the Client as a figure including VAT (excluding Occupancy taxes) in the currency used by the Hotel. They include VAT at the applicable rate on the day of the booking; any changes in the applicable VAT rate will be automatically applied to the stated rates on the billing date. The same shall apply to all amendments or introductions of new legal or statutory taxes imposed by the relevant authorities.
The rates do not include Occupancy Tax, which is payable locally to the Hotel.
The Client undertakes to pay these various taxes to the Hotel, without disputing them.
The payment requested from the Client corresponds to the total value of the purchase, with the exception of this Tax.
Unless stipulated otherwise on the Website, related services (breakfast, etc.) are not included in the price.
Conversions into foreign currency are provided for information and are non-contractual. Should a rate involve a direct payment to the Hotel on the Client's arrival or departure and should the Client’s currency not be the same as that used by the Hotel, the rate charged by the Hotel may differ from that stipulated at the time of booking, as the result of changes in the exchange rate between the booking date and the payment date.
A bill is produced by the Service Provider and issued to the Client when the Services booked are provided.
ARTICLE 4 - PAYMENT TERMS
In the case of immediate payment on the day of booking (Non-cancellable Non-refundable rate)
The price is payable immediately, in full on the day on which the booking is confirmed by the Client, in accordance with the procedures outlined in the article entitled “Bookings” above, using a secure payment method:
- using a debit/credit card: Visa, Mastercard, American Express, Cup, Diners Club card, JCB card, other credit cards (e-credit card).
When making the booking, the Client provides his/her bank details by stating the name on the debit/credit card, the card number and the expiry date (the debit/credit card must be valid until the final day of the stay) and the security code.
Payment data is exchanged in encrypted form using the SSL protocol.
On check-in, the Client shall present the Hotel with the debit/credit card that he/she used to pay for the booking. He/she may be asked to provide a form of identification as part of debit/credit card fraud prevention procedures.
The Service Provider shall not be obliged to provide Services ordered by the Client if the price has not been paid in full under the conditions specified above.
Payments made by the Client shall not be considered definitive until the amounts due have actually been received by the Service Provider.
In the case of immediate payment when services are provided (Flexible Rate)
The price is payable immediately, in full on the day on which the Services booked are provided under the conditions specified in the article entitled “Provision of Services” below and as stipulated on the bill issued to the Client, using a secure payment method:
On arrival, the Hotel shall ask the Client to pay a deposit or to authorise a debit against his/her debit/credit card, for the purpose of guaranteeing the payment of amounts for services used at the Hotel.
The Client shall provide his/her bank details by stating the name on the debit/credit card, the card number and the expiry date (the debit/credit card must be valid until the final day of the stay) and the security code.
The Client may be asked to provide a form of identification as part of debit/credit card fraud prevention procedures.
ARTICLE 5 - PROVISION OF SERVICES
Services booked by the Client, including hotel room booking services and related services, shall be provided as follows, under the conditions specified in these General Terms & Conditions of Sale, supplemented by the Terms & Conditions of Sale for the Rate, which the Client has read and accepted when making his/her booking on the Hotel’s Website.
On arrival, the Client will be asked to provide a form of identification in order to fulfil his/her obligation to complete a Police Registration Form.
The Hotel is completely non-smoking. The client shall be liable for direct and/or indirect, consequential damage caused by smoking within the Hotel. As a result, the Client will be liable for the entire costs of cleaning and returning the damaged item or area to its original state.
Pets, which are kept on a leash or in a cage in the establishment’s communal areas, may be accepted, depending on the Hotel’s policy, on payment of a surcharge. For hygiene reasons, pets are not allowed in the Hotel's cafés and restaurants.
The Client is entirely responsible for his/her personal effects left in the Hotel room, in particular not in the safe, or in the Hotel's public areas. The Hotel may not be held responsible for the loss or theft of, or deterioration or damage to the aforementioned personal effects.
The client agrees and undertakes to use his/her room in a responsible manner. Any behaviour contrary to public decency and public order shall result in the Hotel asking the Client to leave the establishment without any compensation or reimbursement if a payment has already been made. In the event that no payment has yet been made, the Client must pay for the nights he/has stayed before leaving the establishment.
The Client shall be liable for all direct and/or indirect, consequential damage he/she has caused in the room booked or that he/she may cause within the Hotel. As a result, he/she undertakes to pay the Hotel the cost of the aforementioned damages, without prejudice to compensation that may be due, plus court costs and legal fees incurred by the Hotel.
WiFi access (payable or free) allowing clients to connect to the internet may be available, depending on the Hotel’s policy. The Client undertakes to ensure that the IT resources placed at his/her disposal by the Hotel shall not be used in any way to reproduce, represent, provide or convey to the public, works or objects protected by a copyright or similar right, including texts, images, photographs, musical works, audiovisual works, software and video games, without the permission of the holders of rights set out in Volumes I and II of French Intellectual Property Code where this permission is required. Should the Client fail to comply with the above obligations, he/she risks being accused of a counterfeiting offence. The Client is also obliged to comply with the Hotel’s internet access provider's security policy, including the rules for using the security resources deployed with the aim of preventing the illicit use of IT resources and to refrain from any acts impairing the effectiveness of these resources.
Unless explicitly stipulated otherwise, the Room will be made available to the Client on the day of his/her arrival at 2 p.m. and the Client shall vacate the room on the day of his/her departure at midday. Should he/she fail to do so, the Client shall be charged for an additional night. The Client must check his/her departure date. In the event of early departure, costs equivalent to one night shall be charged, except if the Client has advised the Hotel of his/her early departure at least 24 hours in advance.
The Service Provider undertakes to make every effort to provide the Services booked by the Client, within the framework of a best endeavours obligation.
The Client shall have a period of 8 days following the date of his/her departure from the Hotel to express reservations or complaints relating to the provision of Services, in writing, with all the supporting documents, to the Hotel.
No complaint can be validly accepted without the Client adhering to these formalities and deadlines.
Should the Client not have explicitly expressed reservations or complaints by this deadline for the receipt of Services, these shall be deemed compliant with the booking, in terms of quantity and quality.
In the event of relocation
In the case of an unforeseen event, a case of force majeure or it not being possible for the Hotel to provide the Client with the room booked, the Hotel reserves the right to, fully or partially, accommodate the Client in an equivalent category hotel, for services of the same kind and subject to the Client’s prior agreement.
ARTICLE 6 – 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.
Therefore, the contract is concluded definitively when the booking is made by the Client in accordance with the procedures specified in these General Terms & Conditions of Sale.
ARTICLE 7 - THE SERVICE PROVIDER'S LIABILITY - GUARANTEE
The Service Provider shall protect the Client, in accordance with the statutory provisions and without additional payment, against any lack of compliance or hidden defects, originating from a failure to provide the Services booked and actually paid for under the conditions and in accordance with the procedures defined in these General Terms & Conditions of Sale.
The Services provided via the Hotel’s Website comply with the applicable regulations in France. The Service Provider may not be held liable in the event of a failure to comply with legislation in the country in which the Services are provided, which it is the responsibility of the Client, who is solely responsible for the choice of the Services requested, to check.
ARTICLE 8 - DATA PROTECTION
In accordance with the Law 78-17 of January 6, 1978, it is recalled that the personal data that is requested from the Customer is required to process his/her reservation, including but not limited to the establishment of invoices.
This data is processed and intended for the Hotel and may be passed on to its possible partners entrusted with implementing, processing, managing and dealing with payments for bookings, as well as the Client's stay.
In addition, the Hotel may send its clients its e-mail newsletter, promotional offers and/or a guest satisfaction questionnaire following their stay.
In accordance with the applicable national and European regulations, the Client has a permanent right to access, amend, correct and object to information held about him/her.
This right can be exercised under the conditions and in accordance with the procedures specified on the Hotel’sWebsite.
The Hotel's data protection policy can be viewed within the Personal Data Protection Charter, which is available on the Hotel’s Website.
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 laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a counterfeiting offence.
ARTICLE 10 - UNFORSEEABILITY
These General Terms & Conditions of Sale expressly exclude the legal system of unforeseeability for all service operations provided by the Service Provider to the Client. Therefore, the Service Provider and the Client each waive the right to invoke the system of unforeseeability stipulated therein, undertaking to fulfil their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable when concluding the sale, even if their performance should prove to be excessively burdensome, and to bear the economic and financial consequences of this.
ARTICLE 11 - FORCE MAJEURE
The Parties may not be held responsible if the non-fulfilment or late fulfilment of any one of their obligations, as described in these General Terms & Conditions of Sale, results from a case of force majeure, as stated in the Article 1218 of the Civil Code.
Article 12: MISCELLANEOUS PROVISIONS
The General Terms & Conditions of Sale, the Personal Data Protection Charter, the Conditions of sale for the rate booked by the Client, the Booking request and Confirmation of the booking by the Client, constitute the entire agreement between the parties within the limits of its purpose. As a result, to this extent, they supersede all previous verbal or written agreements.
No tolerance, of whatever kind, extent, duration or frequency, may be considered as creating any right whatever and may not limit in any way, the opportunity to invoke each of the clauses of these General Terms & Conditions of Sale, at any time, without any restrictions.
Any clause of these General Terms & Conditions of Sale, which may be declared invalid or unlawful by a competent judge, shall be rendered unenforceable, but its invalidity shall not undermine the other clauses, or affect the validity of the General Terms & Conditions of Sale as a whole or their legal effects.
ARTICLE 13 - APPLICABLE LAW - LANGUAGE
These General Terms & Conditions of Sale and the resulting transactions are governed by and subject to French law.
These General Terms & Conditions of Sale are written in English. Should they be translated into one or more foreign languages, the English text will be the only authoritative version in the event of a dispute.
ARTICLE 14 - DISPUTES
All disputes to which the purchasing and sale transactions concluded in accordance with these General Terms & Conditions of Sale may give rise, relating to their validity, interpretation, performance, termination, their consequences and effects, and which it may not be possible to resolve between the Hotel and the Client shall be heard by the competent courts under the conditions of common law.
The Client is informed that, in all cases, he/she may make use of conventional mediation services, in particular provided by the Consumer Mediation Commission if exists or any alternative method for resolving differences (conciliation, for example) in the event of a disputes.
ARTICLE 15 – PRE-CONTRACTUAL INFORMATION - ACCEPTANCE BY THE CLIENT
The Client confirms that, prior to making his/her booking and on concluding the contract, it has received these General Terms & Conditions of Sale as well as all the information listed on the article L. 221-5 of the Consumer Code, in a legible and comprehensible form, and specifically the following information:
the essential characteristics of Services, taking account of the communication medium used and the Service in question,
the price of Services and ancillary costs,
in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the Services booked,
information relating to the identity of the Service Provider, its postal address, telephone number and e-mail address, and its activities, if these are not apparent from the context,
information relating to legal and contractual guarantees and the procedures for implementing them,
digital content functionalities and, where applicable, its interoperability,
the option of making use of conventional mediation services in the event of a dispute,
information relating to important contractual conditions.
the payment methods accepted.
The act, by a natural person (or legal entity), of making a booking via the Hotel's Website implies the full and complete adherence to and acceptance of these General Terms & Conditions of Sale and the obligation to pay for the Services ordered, which is expressly acknowledged by the Client who, specifically, waives the right to invoke any conflicting document, which would be unenforceable as regards the Service Provider.