Terms & conditions
Terms &
conditions
Terms &
conditions
DEFINITIONS AND INTERPRETATION
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without limitation or reservation, to any purchase of hotel room booking services and related services offered by the Hotel to consumers and non-professional customers via the Hotel’s website.
The main features of the Services are presented on the Hotel’s website.
Guests are required to review this information prior to making any booking. The selection and purchase of a Service are the sole responsibility of the Guest.
The Guest confirms that they:
– Have full legal capacity to enter into these General Terms and Conditions of Sale;
– Are booking hotel rooms and related services for personal use only;
– Are able to save and print these General Terms and Conditions of Sale.
The Hotel’s contact details are as follows:
BOUTIK HÔTEL 2A
54 rue Boucan Canot
97434 Saint-Gilles-les-Bains
Phone number : +33 (0)262 35 59 53**
These Terms apply to the exclusion of any other conditions, in particular those applicable through other distribution channels for the Services.
Guests are informed that the Hotel has entered into partnership agreements with third-party travel service providers, enabling Guests to search, select and book rooms at the Hotel via those partners’ websites. Any booking made under such conditions implies that the Guest has read and fully accepted, without reservation, the partner’s specific terms and conditions, the Reserved Rate Conditions, and these General Terms and Conditions of Sale. The Guest acknowledges having received all necessary information made available by the Hotel on its website.
These General Terms and Conditions of Sale are accessible at all times on the Hotel’s website and, where applicable, shall prevail over any other version or conflicting document.
Unless proven otherwise, data recorded within the Service Provider’s IT systems shall constitute proof of all transactions concluded with the Guest. Accordingly, the entry of banking details, acceptance of the General Terms and Conditions of Sale, the Reserved Rate Conditions, or the Booking Request between the Hotel and the Guest shall have the same legal value as a handwritten signature on paper. Electronic records stored in the Hotel’s computer systems under reasonable security conditions shall be deemed proof of communications, orders and payments between the Hotel and the Guest.
The Hotel retains electronic or paper records evidencing the conclusion of contracts for a maximum period of five (5) years.
Guests are informed that their IP address is recorded at the time of booking.
In accordance with the French Data Protection Act of 6 January 1978, Guests have the right, at any time, to access, rectify and object to the processing of their personal data by writing, with proof of identity to:
BOUTIK HÔTEL 2A
54 rue Boucan Canot
97434 Saint-Gilles-les-Bains
These General Terms and Conditions of Sale also include the Personal Data Protection Charter.
The Guest confirms having read and accepted these General Terms and Conditions of Sale (including the Personal Data Protection Charter) by ticking the relevant box prior to completing the online booking process, as well as the General Terms of Use of the Hotel’s website.
Validation of a Service booking by the Guest constitutes full and unconditional acceptance of these General Terms and Conditions of Sale (including the Personal Data Protection Charter).
The Guest acknowledges having the legal capacity required to enter into a contract and to purchase the Services offered on the Hotel’s website.
As these General Terms and Conditions of Sale may be amended at a later date, the version applicable to the Guest’s purchase shall be the version in force on the website at the time of booking.
These General Terms and Conditions of Sale apply for as long as the Services offered by the Hotel remain available on the Hotel’s website. The Hotel reserves the right to temporarily or permanently suspend access to its website.
Article 2 - Bookings
The Guest selects the Services they wish to book on the Hotel’s website, following the steps outlined below:
– Selection of the room category and applicable rate
– Selection of any additional services, where applicable
– Review and confirmation of the booking details, total price and rate conditions
– Entry of personal contact details
– Entry of credit card details in the event of a guarantee or prepayment
– Review and acceptance of the General Terms and Conditions of Sale and the selected rate conditions prior to confirming the booking
– Confirmation of the booking
The Guest acknowledges having reviewed the nature, purpose and booking arrangements of the Services offered by the Hotel, and having requested and obtained all necessary information to proceed with the booking in full knowledge of the facts. The Guest alone is responsible for their choice of Services and their suitability for their needs; accordingly, the Hotel shall not be held liable in this respect.
The Guest undertakes to complete all information requested in the booking request and confirms that the information provided is accurate and truthful.
Contractual information is presented in French and is confirmed at the latest at the time the booking is validated by the Guest.
For bookings made exclusively online, a booking is deemed to be recorded on the Service Provider’s website once the Guest has accepted these General Terms and Conditions of Sale by ticking the relevant box and has confirmed the booking. The Guest is given the opportunity to review the booking details, total price and to correct any errors before confirming acceptance. Such confirmation constitutes acceptance of all these General Terms and Conditions of Sale and serves as proof of the contract of sale.
It is therefore the Guest’s responsibility to verify the accuracy of the booking and to report any errors immediately.
The sale of the Services shall only be considered final once the Guest has received confirmation of acceptance of the booking by the Service Provider by email, and once full payment has been received by the Hotel.
Any booking made on the Hotel’s website constitutes a distance contract concluded between the Guest and the Service Provider.
The Hotel reserves the right to cancel or refuse any booking from a Guest with whom there is an outstanding dispute relating to payment for a previous booking.
The Hotel also reserves the right to refuse any booking in the event that the credit card number provided is invalid or the booking is incomplete.
At the time the booking is recorded, a pre-authorisation may be carried out on the Guest’s credit card.
Each booking is personal and may not, under any circumstances, be transferred to a third party.
A booking shall only be confirmed if it is guaranteed by the Guest, either by providing valid credit card details (including expiry date) or by payment of a deposit equivalent to 30% of the total stay, and upon receipt of a detailed booking confirmation. Failing this, the Hotel shall not confirm the booking and cannot guarantee the availability of the room(s) requested.
Article 3 - Rates
The Services offered by the Service Provider are supplied at the rates in force on the Hotel’s website at the time the booking is recorded by the Service Provider. Prices are expressed in euros, both exclusive and inclusive 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 fixed and non-adjustable for their period of validity, as indicated on the Hotel’s website. Outside this validity period, the Service Provider reserves the right to amend prices at any time.
Rates are displayed before and during the booking process. They apply per room, for the number of guests and dates selected.
Rates are confirmed to the Guest inclusive of VAT (excluding tourist tax), in the Hotel’s commercial currency. They include VAT at the rate applicable on the date of booking; any change to the applicable VAT rate will automatically be reflected in the prices charged at the time of invoicing. The same shall apply in the event of the introduction or amendment of any legal or regulatory taxes imposed by the competent authorities.
Rates do not include the tourist tax, which is payable directly at the Hotel.
The Guest undertakes to pay these taxes to the Hotel without dispute.
The amount requested from the Guest corresponds to the total purchase price, excluding the tourist tax.
Unless otherwise stated on the Website, additional services (such as breakfast) are not included in the rate.
Promotional stays
Online-only promotional offers are not cumulative, cannot be modified or cancelled, and are valid only at the rates and dates indicated. Specific conditions apply: credit card details are required in order to benefit from these offers. Once the booking has been made, no modification or cancellation is possible.
Guarantee policy: full prepayment of the total stay by credit card, charged at the time of booking.
In the event of cancellation, the full promotional package amount remains payable.
Any currency conversion provided is for information purposes only and is not contractually binding. Where a rate requires payment to be made directly at the Hotel upon the Guest’s arrival or departure, and the Guest’s currency differs from that of the Hotel, the amount charged by the Hotel may differ from that indicated at the time of booking, due to exchange rate fluctuations between the booking date and the payment date.
An invoice is issued by the Service Provider and provided to the Guest upon delivery of the booked Services.
Article 4 - Payment terms
At the time of booking, the Guest provides their payment details, including the cardholder name, credit card number, expiry date (the card must remain valid until the end of the stay) and security code.
Accepted methods of payment are: Visa, Eurocard/Mastercard, American Express, cheques in euros, and cash in euros.
Payment data is transmitted in encrypted form using the SSL protocol.
The Guest must present at the Hotel the credit card used to make the booking payment. As part of fraud prevention procedures, the Guest may be asked to present valid photographic identification.
The Service Provider shall not be obliged to supply the booked Services if full payment has not been received in advance under the conditions set out above.
Payments made by the Guest shall only be deemed final once the amounts due have been effectively received by the Service Provider.
Article 5 - Provision of services
The Services booked by the Guest, including hotel room reservations and any additional services, shall be provided in accordance with these General Terms and Conditions of Sale, together with the Reserved Rate Conditions which the Guest has read and accepted at the time of booking on the Hotel’s website.
Upon arrival, the Guest will be required to present valid identification in order to complete the mandatory police registration form.
The Hotel is a strictly non-smoking establishment. The Guest shall be held liable for any direct and/or indirect or consequential damage resulting from smoking within the Hotel premises and shall therefore be charged in full for all cleaning and restoration costs required to return the affected area or item to its original condition.
For reasons of hygiene and safety, pets are not permitted within the establishment, in accordance with the Hotel’s current policy.
The Hotel’s swimming pool and spa are unsupervised. Access to the swimming pool is strictly reserved for resident guests only. Guests are solely responsible for their use of the pool and spa, including surrounding areas and facilities. The Hotel declines all liability in the event of an accident.
Any personal belongings left by the Guest in the Hotel room, particularly outside the safe, or in the Hotel’s public areas, remain entirely under the Guest’s responsibility. The Hotel shall not be held liable for any loss, theft, damage or deterioration of such belongings.
Any behaviour contrary to public order or accepted standards of conduct will result in the Hotel requesting the Guest to leave the establishment immediately, without compensation and/or refund where payment has already been made. If no payment has yet been made, the Guest shall be required to settle the cost of the nights already consumed before leaving the premises.
The Guest shall be liable for all direct and/or indirect or consequential damage caused by them and identified in the reserved room or elsewhere within the Hotel. Accordingly, the Guest undertakes to compensate the Hotel for the full amount of such damage, without prejudice to any additional damages, legal costs or lawyers’ fees that the Hotel may incur.
Wi-Fi access (free of charge or paid) may be offered to Guests in accordance with the Hotel’s current policy. The Guest undertakes not to use the IT resources made available by the Hotel for any reproduction, representation, distribution or communication to the public of works or content protected by copyright or related rights—such as texts, images, photographs, musical works, audiovisual content, software or video games—without the prior authorisation of the relevant rights holders where such authorisation is required. Failure to comply with these obligations may expose the Guest to liability for copyright infringement, which is subject under French law to criminal penalties. The Guest also undertakes 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 unlawful use of IT resources, and to refrain from any action that may compromise their effectiveness.
Unless expressly stated otherwise, rooms are made available to the Guest from 2:00 p.m. on the day of arrival, and must be vacated by 12:00 noon on the day of departure. Failure to do so will result in an additional night being charged. The Guest is responsible for verifying their departure date.
The Service Provider undertakes to use its best endeavours to provide the Services booked by the Guest, under a best-efforts obligation.
The Guest has a period of eight (8) days from the date of departure to submit, in writing, any comments, reservations or complaints relating to the provision of the Services, together with all relevant supporting documentation, to the Hotel.
No complaint shall be validly accepted if these formalities and deadlines are not complied with by the Guest.
In the absence of any express reservation or complaint submitted within this period, the Services shall be deemed to have been provided in accordance with the booking, both in terms of quantity and quality.
In the event of relocation : in the event of exceptional circumstances, force majeure or the impossibility of making the reserved room available, the Hotel reserves the right, subject to the Guest’s prior consent, to accommodate the Guest wholly or partially in a hotel of equivalent category, offering services of a similar nature. Any costs related to the transfer shall be borne by the establishment, which may not be held liable for any additional compensation.
ARTICLE 6 – CANCELLATION POLICY – RIGHT OF WITHDRAWAL
In accordance with Article L221-28 of the French Consumer Code, the Guest does not benefit from the right of withdrawal provided for under Article L221-18 of the same Code, due to the nature of the Services supplied.
As a result, the contract is deemed to be final and binding as soon as the booking is made by the Guest, in accordance with these General Terms and Conditions of Sale.
Any shortened stay or unused service shall not give rise to any refund.
For any booking cancelled more than 30 days prior to the scheduled arrival date, no cancellation fees will be charged by the Hotel.
For any booking cancelled between 30 and 20 days prior to the scheduled arrival date, the Hotel will charge 30% of the cancelled Services.
For any booking cancelled between 19 and 8 days prior to the scheduled arrival date, the Hotel will charge 50% of the price of the cancelled Services.
For any booking cancelled between 7 days and the day of arrival, the Hotel will charge 100% of the cancelled Services, even in the case of a partial cancellation.
In the event of failure to arrive on the scheduled date (no-show), the full amount of the stay shall be due.
ARTICLE 7 – LIABILITY OF THE SERVICE PROVIDER – WARRANTY
The Service Provider guarantees the Guest, in accordance with applicable legal provisions and at no additional cost, against any lack of conformity or hidden defect resulting from improper performance of the booked Services that have been duly paid for under the terms and conditions set out 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 shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is the Guest’s responsibility—being solely responsible for the choice of Services requested—to verify.
ARTICLE 8 – DATA PROTECTION AND PRIVACY
In accordance with French Law No. 78-17 of 6 January 1978, Guests are informed that the personal data requested from them is necessary, in particular, for processing their booking and issuing invoices.
Such data is processed by and intended for the Hotel, and may be shared with its partners responsible for the execution, processing, management and payment of bookings, as well as the organisation of the Guest’s stay.
The Hotel may also send its Guests, by email, newsletters, promotional offers and satisfaction surveys following their stay.
The processing of information collected via the Hotel’s website has been declared to the CNIL (French Data Protection Authority).
In accordance with applicable national and European data protection regulations, the Guest has a permanent right of access, modification, rectification and objection in respect of their personal data.
These rights may be exercised under the conditions and in accordance with the procedures set out on the Hotel’s website.
The personal data protection policy is available in the Personal Data Protection Charter, which may be consulted on the Hotel’s website.
ARTICLE 9 – INTELLECTUAL PROPERTY
All content available on the Hotel’s website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction, whether in whole or in part, of this content is strictly prohibited and may constitute an act of infringement.
ARTICLE 10 – UNFORESEEN CIRCUMSTANCES
These General Terms and Conditions of Sale expressly exclude the statutory regime of hardship provided for under Article 1195 of the French Civil Code for all Service transactions between the Service Provider and the Guest.
Accordingly, both the Service Provider and the Guest expressly waive the right to rely on the provisions of Article 1195 of the French Civil Code and the hardship regime set out therein, and undertake to perform their respective obligations even if the contractual balance is materially altered by circumstances that were unforeseeable at the time the contract was concluded, including where performance becomes excessively onerous, and to bear all resulting economic and financial consequences.
ARTICLE 11 – FORCE MAJEURE
ARTICLE 12 – MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, together with the Personal Data Protection Charter, the Reserved Rate Conditions applicable to the Guest, the Booking Request and the Booking Confirmation, constitute the entire agreement between the Parties within the scope of their subject matter. They supersede and replace, to that extent, any prior verbal or written agreement relating to the same subject.
No forbearance or tolerance, regardless of its nature, extent, duration or frequency, shall be deemed to create any right and shall not in any way limit the right to rely on any provision of these General Terms and Conditions of Sale at any time, without restriction.
Should any provision of these General Terms and Conditions of Sale be declared null, void or unlawful by a competent court, such provision shall be deemed unenforceable, without affecting the validity or enforceability of the remaining provisions, nor the overall validity or legal effect of these General Terms and Conditions of Sale.
ARTICLE 12 – MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, together with the Personal Data Protection Charter, the Reserved Rate Conditions applicable to the Guest, the Booking Request and the Booking Confirmation, constitute the entire agreement between the Parties within the scope of their subject matter. They supersede and replace, to that extent, any prior verbal or written agreement relating to the same subject.
No forbearance or tolerance, regardless of its nature, extent, duration or frequency, shall be deemed to create any right and shall not in any way limit the right to rely on any provision of these General Terms and Conditions of Sale at any time, without restriction.
Should any provision of these General Terms and Conditions of Sale be declared null, void or unlawful by a competent court, such provision shall be deemed unenforceable, without affecting the validity or enforceability of the remaining provisions, nor the overall validity or legal effect of these General Terms and Conditions of Sale.
ARTICLE 13 – GOVERNING LAW – LANGUAGE
ARTICLE 14 – DISPUTES AND CONSUMER MEDIATION
Any complaint must be submitted to BOUTIK HÔTEL 2A by registered letter with acknowledgement of receipt within eight (8) days following the end of the stay to which the complaint relates.
After this period, no complaint will be taken into consideration.
Any disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions of Sale—whether relating to their validity, interpretation, performance, termination, consequences or subsequent effects—which cannot be resolved amicably between the Hotel and the Guest, shall be referred to the competent courts in accordance with ordinary law.
The Guest is informed that they may, in any event, have recourse to amicable consumer mediation.
Pursuant to Article L152-1 of the French Consumer Code, it is recalled that “any consumer has the right to free recourse to a consumer mediator for the amicable resolution of a dispute with a professional. To this end, the professional guarantees the consumer effective access to a consumer mediation scheme.” Mediation is not mandatory, but is offered as an alternative means of resolving disputes without resorting to legal proceedings.
Guests may refer the matter to the Tourism and Travel Mediation Service (Médiateur du Tourisme et du Voyage), whose contact details and referral procedures are as follows:
MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex 17
www.mtv.travel
ARTICLE 15 – PRE-CONTRACTUAL INFORMATION – GUEST ACCEPTANCE
The Guest acknowledges having been provided, prior to making a booking and entering into the contract, in a clear and understandable manner, with these General Terms and Conditions of Sale and with all information listed in Article L.221-5 of the French Consumer Code, including in particular the following :
– The essential characteristics of the Services, taking into account the communication medium used and the Services concerned;
– The price of the Services and any additional charges;
– Where the contract is not performed immediately, the date or time period within which the Service Provider undertakes to supply the booked Services;
– Information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, where such information does not already appear from the context;
– Information relating to statutory and contractual warranties and the terms of their implementation; The functionalities of any digital content and, where applicable, its interoperability;
– The possibility of having recourse to amicable mediation in the event of a dispute;
– Information relating to the key contractual terms and conditions;
– The accepted methods of payment.
By making a booking on the Hotel’s website, any natural or legal person fully and unconditionally accepts these General Terms and Conditions of Sale and undertakes to pay for the Services ordered. This is expressly acknowledged by the Guest, who in particular waives the right to rely on any conflicting document, which shall be unenforceable against the Service Provider.