- GENERAL TERMS AND CONDITIONS OF SALE -
DEFINITIONS AND INTERPRETATIONS
Capitalized terms used herein without having been previously defined shall have the following meanings:
« Guest » means a natural person, who is an adult, acting for his personal needs and having the full legal capacity to commit under this contract.
« Booking Conditions » mean the special terms and conditions of each booking made by the Guest.
« Booking Confirmation » means the document summarising the details of the booking made by the Guest sent by the Website or the Hotel to the Guest.
« Booking Request » means any hotel room booking request made by the Guest.
« Hotel » refers to the Hotel Bachaumont, operated by SAS HOTEL BACHAUMONT with capital of €78,100.00, registered with the Paris Trade and Companies Register under number 892 450 487, whose registered office is located at 20 Rue Bachaumont 75002 PARIS.
« Partners» means any service provider that has entered into a service agreement or partnership agreement with the Hotel.
« Service » means any hotel room booking service provided by the Guest on the Hotel's Website.
« Hotel Website » means the website dedicated to the Hotel accessible at the following address https://www.hotelbachaumont.com
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of hotel room booking services and offers offered by the Hotel to consumers and non-professional guests ('Guests or the Guest') on the Hotel's website.
The main features of the Services are presented on the Hotel's website.
The Guest is required to read it before making any booking. The Guest is solely responsible for selecting and purchasing a Service.
The Guest declares:
● Having full legal capacity to commit himself under these General Terms and Conditions of Sale.
● Making the booking of hotel rooms and offers for his personal needs.
● Being able to save and print these General Terms and Conditions of Sale.
The contact details of the Hotel are as follows:
Hôtel Bachaumont
20 rue Bachaumont
75002 PARIS, France
These conditions apply to the exclusion of any other terms and conditions, including those applicable to other channels for the marketing of the Services.
The Guest is informed that the Hotel enters into partnership agreements with third party travel providers in order to enable him, using the services offered by these partners on their website, to search, select and book rooms in the Hotel. Any booking of hotel rooms made under these conditions implies the consultation and full and unreserved acceptance by the Guest of the special terms and conditions of the service provider, the terms and conditions of sale of the price booked and these general terms and conditions of sale. The Guest declares to have obtained from the Hotel all necessary information available on the Website.
These General Terms and 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 entered into with the Guest. Thus, the entry of bank information, the acceptance of the General Terms and Conditions of Sale, the Booking Conditions or the Booking Request, has the same value between the Hotel and the Guest as a handwritten signature on paper. The Computer Records stored in the Hotel's computer systems will be kept under reasonable security conditions and considered as evidence of communication, order and payment between the Hotel and the Guest.
The Hotel shall retain the written record of the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
The Guest is informed that his IP address is registered at the time of booking.
In accordance with the French Data Protection Act of 6 January 1978, the Guest has, at any time, a right of access, rectification and opposition to all of his personal data by writing, by letter and providing proof of his identity, to:
Hôtel Bachaumont
20 rue Bachaumont
75002 PARIS, France
These General Terms and Conditions of Sale also include the Personal Data Policy.
The Guest declares to have read these General Terms and Conditions of Sale (including the Personal Data Charter) and has accepted them by ticking the box provided for this purpose prior to the implementation of the online booking procedure as well as the General Terms and Conditions of Use of the Hotel's website.
The validation of the booking of Services by the Guest constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Guest acknowledges that he has the capacity required to contract and acquire the Services offered on the Hotel's website.
Since these General Terms and Conditions of Sale are subject to subsequent amendments, the version applicable to the Guest's purchase is that in force on the website on the date of the booking.
These General Terms and Conditions of Sale shall apply for the duration of the posting of the services offered by the Hotel on the Hotel's Website. The Hotel reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 - BOOKINGS:
The Guest selects the services he wishes to book on the website, as follows:
1. Selection of room type and price
2. Selection of ancillary services where applicable
3. Verification and validation of the details of the booking, total amount of the booking, conditions of the price
4. Indication of contact details
5. Entry of your credit card details in case of guarantee or prepayment
6. Consultation and acceptance of the general terms and conditions of the selected price prior to the validation of the booking
7. Validation of the booking
The Guest acknowledges having read the nature, purpose and booking terms of the Services offered by the Hotel and having requested and obtained the information necessary to make his booking with full knowledge of the facts. He is solely responsible for the choice of services and their suitability for his needs, so that the liability of the Hotel cannot be sought in this respect.
The Guest undertakes to complete the information requested on the booking request and attests to the truthfulness and accuracy of the information provided.
The contractual information is presented in French and confirmed at the latest at the time of validation of the booking by the Guest.
For bookings made exclusively on the Internet, the registration of a booking on the Service Provider's website is made when the Guest accepts these Booking Conditions and the Privacy Policy by ticking the boxes provided for this purpose and validating the booking. The Guest has the option to check the details of his booking, his total price and to correct any errors before confirming his acceptance (Article 1127-2 of the French Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Guest to verify the accuracy of the booking and immediately report any errors.
The sale of Services will only be considered definitive after the confirmation of acceptance of the booking by the Service Provider has been sent to the Guest, by e-mail and after verification of the credit card indicated under the guarantee or payment by the latter of the full price in the event of a non-refundable booking with prepayment.
Any booking made on the Hotel's website constitutes the formation of a contract concluded remotely between the Guest and the Service Provider.
The Hotel reserves the right to cancel or refuse any booking by a Guest with whom there is a dispute relating to the payment of a previous booking.
Each booking is registered and may not be transferred to a third party under any circumstances.
Cancellation of a Flexible price booking
In case of cancellation of the Flexible price booking by the Guest after its acceptance by the Hotel less than 48 hours before the scheduled date of stay, for any reason whatsoever, an amount corresponding to the total amount of the first night's stay, including VAT, shall be automatically acquired by the Service Provider and invoiced to the Guest, by way of damages, in compensation for the loss suffered.
Cancellation/Modification of a booking at the Non-refundable price
In the event of cancellation or modification of the booking at the non-refundable price by the Guest, for any reason whatsoever, a sum corresponding to 100% of the total prepaid amount will be automatically acquired by the Service Provider and invoiced to the Guest. The same shall apply in case of a no-show by the Guest on the scheduled date of his arrival.
ARTICLE 3 - PRICES
The Services offered by the Service Provider are provided at the prices in force on the Hotel's website when the booking is registered by the Service Provider.
The prices are expressed in Euros, exclusive of tax and inclusive of tax.
The prices take into account any reductions that could be granted by the Service Provider under the conditions specified on the Hotel's website.
These prices are firm and non-revisable during their validity period, as indicated on the Hotel's website, with the Service Provider reserving the right, outside this validity period, to change the prices at any time.
The prices are indicated before and at the time of the booking made by the Guest. They are per room for the number of persons and the date selected.
The prices are confirmed to the Guest in the amount inclusive of tax (excluding the tourist tax) in the commercial currency of the Hotel. They take into account VAT at the rate applicable on the day of the booking; any change in the price applicable to VAT will be automatically reflected in the prices indicated on the invoice date. The same shall apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
The prices do not include the tourist tax payable directly on site with the Hotel.
The Guest undertakes to pay these various taxes without any dispute to the Hotel.
The payment requested from the Guest corresponds to the total amount of the purchase, with the exception of this tax.
Unless otherwise stated on the Site, ancillary services (breakfast, etc.) are not included in the price.
The conversion into foreign currency is given for information purposes only and is not contractual. If a price involves payment directly to the Hotel upon arrival or departure of the Guest and the currency of the Guest is not the same as that of the Hotel, the price charged by the Hotel is likely to be different from that communicated at the time of the booking, given the change in the exchange rate between the date of booking and the date of payment.
An invoice is issued by the Service Provider and sent to the Guest when the booked Services are provided.
ARTICLE 4 - PAYMENT TERMS:
In case of cash payment on the day of the booking (Non-refundable Price):
The price is payable in cash, in full on the day of confirmation of the booking by the Guest, according to the terms and conditions specified in the article "Bookings" above, by means of secure payment:
● by bank cards: Visa, MasterCard, American Express, Maestro.
When making the booking, the Guest communicates his bank details, specifying the name of the credit card, the number of the credit card, the validity date (the credit card must be valid until the end date of the stay) and the security number. Payment data are exchanged in encrypted mode using SSL protocol.
The Guest will arrive at the Hotel with the credit card that he used to pay for the booking. He may be asked to present an identity document as part of the procedures to prevent fraud involving credit cards.
The Service Provider shall not be obliged to provide the Services ordered by the Guest if the price has not been paid in advance in full in accordance with the above conditions.
Payments made by the Guest will only be considered final after actual collection of the sums due by the Service Provider.
In case of cash payment on the provision of services (Flexible Price):
The price is payable in cash, in full on the day of the provision of the booked Services under the conditions defined in the "Provision of Services" article below and as indicated on the invoice issued to the Guest, by means of secure payment:
● by bank cards: Visa, MasterCard, American Express, Maestro.
Payment data are exchanged in encrypted mode using SSL protocol.
The Hotel will ask the Guest, upon arrival, to pay a security deposit or authorise the debit of his credit card, in order to guarantee the payment of the sums corresponding to the services consumed on site. The Guest will then provide his bank details specifying the name of the credit card, the number of the credit card, the validity date (the credit card must be valid until the end date of the stay) and the security code. The Guest may be asked to present an identity document as part of the procedures to prevent credit card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Guest if the price has not been paid in advance in full in accordance with the above conditions. Payments made by the Guest will only be considered final after actual collection of the sums due by the Service Provider.
ARTICLE 5 - SUPPLY OF THE SERVICES
The Services booked by the Guest, which include hotel room booking services and ancillary services, will be provided as follows, in accordance with the terms and conditions set out in these General Terms and Conditions of Sale, supplemented by the Booking Conditions which the Guest has read and accepted at the time of booking on the Hotel's website.
Upon arrival, the Guest will be asked to present his identity document in order to verify that his name corresponds to the booking made and to comply with the legal obligations of registration of identity for foreign persons ("Police File").
The Hotel is a completely non-smoking area. The Guest shall be liable for any direct and/or consequential damage resulting from the act of smoking in the Hotel. He will therefore be liable for the full amount of the cleaning and restoration costs of the damaged item or space.
Small animals (up to 9 kg), as long as they are kept on a leash or in a cage in the communal areas of the establishment, may be accepted according to the hotel's current policy upon payment of an additional fee. For hygiene reasons, animals are not allowed in the dining rooms.
The personal effects of the Guest left in the Hotel's room, particularly outside the safe or in the public areas of the Hotel are the sole responsibility of the Guest. The Hotel shall not be liable for any loss, theft, deterioration or damage to such effects.
The Guest accepts and undertakes to use the room with due care. Also, any behaviour contrary to morality and public order will lead the Hotel to ask the Guest to leave the establishment without any compensation and or without any reimbursement if a payment has already been made. In the event that no payment has yet been made, the Guest will have to pay the price of the nights consumed before leaving the establishment.
The Guest shall be held liable for all direct and/or indirect, consequential damage, of which he is the perpetrator, recorded in the booked room or which he may cause within the Hotel. Consequently, he undertakes to compensate the Hotel up to the amount of said damages, without prejudice to any damages that may be due, procedural and legal costs incurred by the Hotel.
Wi-Fi access (extra charge or not) that allows guests to connect to the Internet may be offered in accordance with the current Hotel Policy. The Guest undertakes to ensure that the IT resources made available to him by the hotel are not in any way used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the owners of the rights provided for in books I and II of the French Intellectual Property Code when such authorisation is required. If the Guest does not comply with the aforementioned obligations, he may be accused of an offence of infringement (Article L.335-3 of the Intellectual Property Code), sanctioned by a fine of 300,000 euros and three years imprisonment. The Guest is also required to comply with the security policy of the Internet service provider of the hotel, including the rules for the use of the security means used in order to prevent the unlawful use of IT resources and to refrain from any act affecting the effectiveness of these means.
Unless expressly stated otherwise, the room will be made available to the Guest on the day of his arrival at 3 p.m. and the Guest will leave the room on the day of his departure at 12 noon. Failing this, late departure fees or an additional night will be charged to the Guest. The Guest must check his departure date. In the event of early departure, a fee equivalent to all the nights in case of non-refundable booking or one night will be charged, unless the Guest has notified the Hotel at least 24 hours before his departure (24 hours not applicable for a non-refundable booking).
The Service Provider undertakes to do its utmost to provide the Services booked by the Guest, as part of a best efforts obligation.
The Guest shall have 8 days from his date of departure from the Hotel to issue, in writing, reservations or complaints regarding the provision of the Services, together with all related supporting documents, to the Hotel.
No complaint may be validly accepted in the event of non-compliance with these formalities and deadlines by the Guest.
In the absence of reservations or complaints expressly made within this period by the Guest upon receipt of the Services, they shall be deemed to comply with the booking, in quantity and quality.
In the event of displacement:
In the event of an exceptional event, force majeure or the impossibility of making the booked room available to the Guest, the Hotel reserves the right to accommodate the Guest in a hotel of an equivalent category, for services of the same nature and subject to the Guest's prior approval.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In accordance with Article L 221-28 of the French Consumer Code, the Guest 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 concluded definitively upon the conclusion of the booking by the Guest according to the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 - SERVICE PROVIDER'S LIABILITY - GUARANTEE
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Guest, against any lack of conformity or hidden defect, resulting from a failure to perform the booked Services and actually paid under the terms and conditions 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 shall not be held liable for non-compliance with the legislation of the country in which the Services are provided, which the Guest, who is solely responsible for selecting the requested Services, is responsible for checking.
ARTICLE 8 – INFORMATION TECHNOLOGY AND FREEDOM, PERSONAL DATA
Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data requested of the Guest is necessary for the processing of his booking and the preparation of invoices, in particular. These data are processed and intended for the Hotel and may be communicated to its potential partners responsible for the execution, processing, management and payment of bookings as well as the Guest's stay.
In addition, the Hotel may send its newsletter, promotional offers, a satisfaction questionnaire following the hotel stay by e-mail to its guests. The processing of information communicated via the Hotel's website has been declared to the CNIL.
The Guest has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him. This right may be exercised under the terms and conditions defined on the Hotel's website.
ARTICLE 9 - 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 intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of infringement.
ARTICLE 10 - UNFORESEEN CIRCUMSTANCES
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the French Civil Code for all Service operations of the Service Provider to the Guest. The Service Provider and the Guest therefore each waive the right to avail themselves of the provisions of Article 1195 of the French Civil Code and the unforeseen circumstances regime provided for therein, undertaking to assume its obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance would prove excessively onerous and to bear all the economic and financial consequences thereof.
ARTICLE 11 - FORCE MAJEURE
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein arises from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.
Article 12 - MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, the use of Personal Data, the Booking Conditions, the Booking Request, the Confirmation of Booking by the Guest, constitute the entire agreement of the parties within the limits of its purpose. They replace and cancel, accordingly, within this limit, any verbal or written agreement that may be prior to them.
No tolerance, regardless of the nature, extent, duration or frequency, may be considered as creating any right and may not result in 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.
Any clause of these General Terms and Conditions of Sale which may be declared invalid or unlawful by a competent court shall be devoid of effect, but its invalidity shall not prejudice the other provisions, nor affect the validity of the General Terms and Conditions of Sale as a whole or their legal effects.
ARTICLE 13 - GOVERNING LAW - LANGUAGE
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law. These General Terms and Conditions of Sale are drafted in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 14 - DISPUTES
In the event of a dispute between the professional and the consumer, they will strive to find an amicable solution.
Failing an amicable agreement, the consumer has the option to refer the matter free of charge to the consumer mediator to whom the professional belongs, namely AME CONSO, within one year from the date of the written complaint addressed to the professional.
The referral to the consumer mediator can be made:
- Either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- Or by sending a letter to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris
Article 14 of Regulation No. 524/2013 of May 21, 2013, concerning online dispute resolution for consumer disputes, requires that "traders established in the Union who engage in online sales or service contracts, and online marketplaces established in the Union, include on their website an electronic link to the ODR platform."
The customer is informed that they can access the online dispute resolution platform by visiting the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&ing=FR. The customer is also informed that they can contact the hotel by writing to the following email address: communication@laclegroup.com.
ARTICLE 15 - PRE-CONTRACTUAL INFORMATION - GUEST'S ACCEPTANCE
Prior to the signing of his booking and the conclusion of the contract, the Guest acknowledges having been communicated, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the French Consumer Code, and in particular the following information:
● the essential features of the Services, taking into account the communication medium used and the relevant Service;
● the price of the Services and ancillary charges;
● In the absence of immediate performance of the contract, the date or time at which the Service Provider undertakes to provide the booked 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 the legal and contractual guarantees and their implementation procedures;
● The functionality of the digital content and, where applicable, its interoperability;
● The possibility of using conventional mediation in the event of a dispute;
● Information on important contractual terms.
● Accepted means of payment.
The fact of a natural or legal person, booking on the Hotel's website implies full acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly acknowledged by the Guest, who waives, in particular, the right to avail himself of any contradictory document, which would be unenforceable against the Service Provider.
