Terms and Conditions of Sale
DEFINITIONS AND INTERPRETATIONS
The terms used herein with a capital letter without being previously defined have the meaning given below:
“Client” refers to an individual, of legal age, acting for personal needs and having full legal capacity to commit under these terms.
“Conditions of sale for the reserved rate” refers to the specific conditions of each reservation made by the Client.
“Reservation Confirmation” refers to the document summarizing the details of the reservation made by the Client, sent by the Website or the Hotel to the Client.
“Reservation Request” refers to any hotel room reservation request made by the Client.
“Hotel” refers to the Hotel Le Royal ***, a French law company, operated by the SAS HOTEL LE ROYAL registered in the Paris Trade and Companies Register under number Paris B 572 021 988; VAT number FR79572021988 with a share capital of €47,606.00 and whose registered office is located at 212 Bld Raspail 75014 Paris; phone number +33 (0) 1 43 20 69 20.
“Partners” refers to all service providers having concluded a service contract or partnership agreement with the Hotel.
“Service” refers to any hotel room booking service made by the Client on the Hotel's Website.
“Hotel's Website” refers to the website dedicated to the Hotel accessible at the following address https://www.hotelleroyal.com/fr/ .
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of hotel room reservation services and additional services (‘Hotel and Services’) offered by the Hotel (‘the Service Provider’ or the “Hotel”) to consumers and non-professional clients (‘The Clients or the Client’) on the Hotel's Website.
The main characteristics of the Services are presented on the Hotel's website.
The Client is obliged to take note of them before any reservation. The choice and purchase of a Service is the sole responsibility of the Client.
The Client declares:
● To have the full legal capacity to engage under these General Terms and Conditions of Sale.
● To make the reservation of hotel rooms and ancillary services for personal needs.
● To be able to save and print these General Terms and Conditions of Sale.
The contact details of the Hotel are as follows:
Hotel Le Royal
212 bld raspail
75014 PARIS
These conditions apply to the exclusion of all other conditions, particularly those applicable to other marketing channels for the Services.
The Client is informed that the Hotel concludes partnership agreements with third-party travel service providers to allow him/her, using the services offered by these partners on their website, to search, select and book rooms in the Hotel. Any reservation of hotel rooms made in these conditions implies the consultation and full and unreserved acceptance by the Client of the specific conditions of the provider, the conditions of sale of the reserved rate, and these general terms and conditions of sale. The Client declares having obtained from the Hotel all the necessary information available on the Website.
These General Terms and Conditions of Sale are accessible at any time on the Hotel's Website and will prevail, as necessary, over any other version or any contradictory document.
Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Client. Thus, the entry of bank information, acceptance of the General Terms and Conditions of Sale, the Conditions of Sale of the rate, or the Reservation Request, between the Hotel and the Client, has the same value as a handwritten signature on a paper medium. The computerized registers kept in the Hotel's computer systems will be retained under reasonable security conditions and considered as evidence of communication, order, and payment transactions between the Hotel and the Client.
The Hotel keeps the record of the contract conclusion in electronic or paper format for a maximum of 2 years.
The Client is informed that their IP address is recorded at the time of booking.
In accordance with the French Data Protection Act of January 6, 1978, the Client has, at any time, a right of access, rectification, and opposition to all personal data by writing by letter and justifying identity to: Hôtel Jardin Le Bréa - 14, rue Bréa – 75006 PARIS
These General Terms and Conditions of Sale also include the Personal Data Charter.
The Client declares having read these General Terms and Conditions of Sale (including the Personal Data Charter) and accepted them by checking the box provided for this purpose before implementing the online reservation procedure as well as the General Terms of Use of the Hotel's website.
The validation of the Services reservation by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Client acknowledges having the required capacity to contract and acquire the Services offered on the Hotel's website.
These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to the Client's purchase is that in force on the website at the date of the reservation.
These General Terms and Conditions of Sale are applicable during the period of online availability 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 – Reservations
The Client selects on the Website the services they wish to reserve, according to the following terms:
1. Selection of room type and rate
2. Verification and validation of reservation details, total reservation amount, rate conditions
3. Indication of personal details
4. Entry of bank card details in case of guarantee or prepayment
5. Consultation and acceptance of general terms and conditions of sale and selected rate conditions prior to reservation validation
6. Validation of the reservation
The Client acknowledges having read the nature, purpose, and booking methods of the Services offered by the Hotel and having requested and obtained the necessary information to make the reservation knowingly. They are solely responsible for the choice of services and their suitability for their needs, so that the Hotel's liability cannot be sought in this regard.
The Client undertakes to complete the information requested in the reservation request and certifies the truthfulness and accuracy of the transmitted information.
Contractual information is presented in French and confirmed at the latest at the time of reservation validation by the Client.
For reservations made exclusively online, registration of a reservation on the Provider's website is carried out when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates the reservation. The Client has the possibility to check the details of their reservation, the total price, and to correct any errors before confirming acceptance (article 1127-2 of the 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 Client to verify the accuracy of the reservation and immediately report any errors.
The sale of Services will only be considered final after the Client has been sent confirmation of the reservation acceptance by the Provider, by email, and after verification by the Hotel of the Client's credit card communicated as a guarantee or on receipt by the Hotel of full payment according to the reserved rate conditions by the Client.
Any reservation made on the Hotel's website constitutes the formation of a remote contract between the Client and the Provider.
The Hotel reserves the right to cancel or refuse any reservation from a Client with whom there is a dispute concerning the payment of a previous reservation.
Each reservation is nominative and can in no case be transferred to a third party.
Cancellation of a Flexible Rate reservation:
In the event of cancellation of the reservation at the Flexible Rate by the Client after acceptance by the Hotel less than 48 hours before the scheduled date of stay, for any reason, an amount equivalent to the total of the first night will be rightfully acquired by the Hotel and charged to the Client, as damages and compensation for the damage suffered.
Cancellation / Modification of a Non-Cancellable Non-Refundable Rate reservation:
In the event of cancellation or modification of the reservation at the Non-Cancellable Non-Refundable Rate by the Client, for any reason, an amount equivalent to 100% of the total prepaid amount will be rightfully acquired by the Hotel and charged to the Client. The same will apply in case of no-show by the Client 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 Provider registers the reservation. Prices are expressed in Euros, excluding and including taxes.
The rates take into account any discounts granted by the Provider under the conditions specified on the Hotel's website.
These rates are firm and non-revisable during their validity period, as indicated on the Hotel's website, with the Provider reserving the right, outside this validity period, to modify prices at any time.
Rates are indicated before and during the reservation made by the Client. They are understood per room for the number of people and the date selected.
Rates are confirmed to the Client with the total amount including VAT (excluding Tourist Taxes) in the commercial currency of the Hotel. They take into account the VAT at the rate applicable on the reservation date; any change in the applicable VAT rate will automatically be reflected in the rates indicated on the billing date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent Authorities.
The rates do not include the Tourist Tax payable directly on site at the Hotel.
The Client agrees to pay these various taxes without any dispute to the Hotel.
The possible payment requested from the Client during the reservation corresponds to the total purchase amount, except for this Tax.
Unless otherwise stated on the Site, additional services (breakfast, etc.) are not included in the price.
Currency conversion is given for information purposes only and is not contractually binding. If a rate involves a direct payment to the Hotel upon arrival or departure of the Client and the Client's currency is not the same as that of the Hotel, the rate debited by the Hotel may be different from that communicated at the time of reservation, taking into account exchange rate fluctuations between the reservation date and the payment date.
An invoice is issued by the Hotel and given to the Client upon departure.
ARTICLE 4 – Payment Terms
In the case of cash payment on reservation day (Non-Cancellable Non-Refundable Rate):
The price is payable in full on the day of reservation confirmation by the Client, according to the terms specified in the “Reservations” article above, through secure payment method:
– by bank cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).
When booking, the Client enters their bank card details, specifying the card name, card number, expiration date (the bank card must be valid until the end of the stay), and cryptogram.
Payment data is exchanged in encrypted mode using the SSL protocol.
The Client will present themselves at the Hotel with the bankcard used for the reservation payment. They may be asked to present identification as part of bank card fraud prevention procedures.
The Provider is not required to provide the Services ordered by the Client if the price has not been previously paid in full as indicated above.
Payments made by the Client are considered final after the sums owed by the Hotel are effectively cashed.
In the case of cash payment upon service provision (Flexible Rate):
The price is payable in full on the day the reserved Services are provided under the conditions defined in the "Provision of Services" article below and as indicated on the invoice given to the Client, through secure payment method:
– by bank cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).
Payment data is exchanged in encrypted mode using the SSL protocol.
A week before the Client's arrival date, the Hotel carries out a pre-authorization for the amount of the first reserved night on the credit card communicated by the Client during the reservation and may ask the Client upon arrival to pay a security deposit or authorize debit of their bank card to guarantee payment of the sums corresponding to the services consumed on site.
The Client will then enter their bank card details, specifying the card name, card number, expiration date (the bank card must be valid until the end of the stay), and cryptogram.
The Client may be asked to present identification as part of bank card fraud prevention procedures.
The Hotel is not required to provide the Services ordered by the Client if the price has not been fully paid as indicated above.
Payments made by the Client are not considered final until after the sums owed by the Hotel have been effectively cashed.
ARTICLE 5 – Provision of Services
The Services reserved by the Client, including hotel room reservation services and any ancillary services, will be provided according to the following terms under the conditions provided for in these General Terms and Conditions of Sale, completed by the Terms of Sale of the Rate the Client has read and accepted during the reservation on the Hotel's Website.
Upon arrival, the Client will be asked to present identification to ensure the obligation to complete a Police Form.
The Hotel is an entirely non-smoking area. The client will be held responsible for direct and/or indirect damages, resulting from smoking in the Hotel. Consequently, the client will be liable for the full amount of cleaning and restoration fees of the damaged element or space.
Animals are not allowed, according to the Hotel's policy.
The Client's personal belongings left in the Hotel room, especially outside the safe or in the public areas of the Hotel, are the responsibility of the Client. The Hotel cannot be held liable for loss, theft, damage, or harm to such belongings.
The client agrees and undertakes to use the room in their full responsibility. Any behavior contrary to morals and public order will lead the Hotel to ask the Client to leave the establishment without any compensation and/or refund if a payment has already been made. If no payment has yet been made, the client shall pay the price of the night(s) consumed before leaving the establishment.
The Client will be held responsible for any direct and/or indirect damages, consecutive, caused in the reserved room or that they may cause within the Hotel. Consequently, they undertake to indemnify the Hotel up to the amount of said damages, without prejudice to damages that may be owed, and attorney and procedure fees incurred by the Hotel.
Free WIFI access allowing clients to connect to the internet is offered according to the Hotel's current policy. The client agrees that the computer resources made available by the hotel are not used in any way for reproduction, representation, availability, or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code when this authorization is required. If the client does not comply with these obligations, they may be charged with counterfeiting (article L. 335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment. The client is also required to comply with the internet access provider's security policy, including the security rules implemented to prevent the illicit use of computer 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 Client on the day of their arrival at 2 p.m. and the Client will leave the room on the day of departure at 11 a.m. Otherwise, an additional night will be charged to the Client. The Client must verify their departure date. In the case of early departure, fees equivalent to one night will be charged unless the Client has notified the Hotel at least 24 hours before departure.
The Hotel undertakes to make every effort to provide the Services reserved by the Client within an obligation of means.
The Client will have a period of 8 days from their departure date from the Hotel to make, in writing, reservations or complaints regarding the provision of Services, with all the relevant supporting documents to the Hotel.
No claim will be validly accepted in case of non-compliance with these formalities and deadlines by the Client.
In the absence of express reservations or complaints made by the Client within this period upon receipt of the Services, they will be presumed to comply with the reservation, in quantity and quality.
In case of relocation:
In the event of an exceptional event, force majeure, or impossibility of making the reserved room available to the Client, the Hotel reserves the right to accommodate the Client wholly or partially in an equivalent category hotel, for services of the same nature and subject to the prior agreement of the Client.
ARTICLE 6 – Right of Withdrawal
In accordance with article L 221-28 of the Consumer Code, the Client does not have the right of withdrawal provided for in article L 221-18 of the Consumer Code, given the nature of the services provided.
The contract is, therefore, concluded definitively upon the placing of the reservation by the Client according to the terms specified in these General Terms and Conditions of Sale.
ARTICLE 7 – Responsibility of the Service Provider – Guarantee
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, arising from a defect in the realization of the Services reserved and actually paid under the conditions and modalities defined in these General Terms and Conditions of Sale.
The Services provided through the Hotel's Website comply with the regulations in force in France. The Provider's liability cannot be engaged in case of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of Services requested, to verify.
ARTICLE 8 – Informatics and Freedoms
Pursuant to Law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Client is necessary for the processing of their reservation and the establishment 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 reservations as well as the Client's stay.
Additionally, the Hotel is likely to send its clients a newsletter, promotional offers, a pre-arrival questionnaire 7 days before the Client's arrival date, a survey during the stay, and a satisfaction survey following their hotel stay.
The information processed through the Hotel's website has been declared to the CNIL.
The Client has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, and opposition regarding the information concerning them.
This right can be exercised under the conditions and modalities defined on the Hotel's website.
The personal data protection policy is available for consultation in the Personal Data Protection Charter available 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 is likely to constitute an act of infringement.
ARTICLE 10 – Unforeseeability
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances as provided for in article 1195 of the Civil Code for all Service operations of the Provider to the Client. The Provider and the Client therefore renounce each to rely on the provisions of article 1195 of the Civil Code and the regime of unforeseeability provided for therein, committing to fulfill their 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 execution proves to be excessively onerous and to bear all the economic and financial consequences.
ARTICLE 11 – Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in article 1218 of the Civil Code.
Article 12: MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, the Personal Data Charter, the conditions of sale of the rate reserved by the Client, the Reservation Request, and the Reservation Confirmation by the Client constitute the entire agreement of the parties within the limits of its purpose. They replace and cancel, as a result, within this limit, any prior verbal or written agreement.
No tolerance, regardless of its nature, scope, duration, or frequency, can be considered as creating any right and cannot lead to limiting in any way whatsoever, the possibility of invoking each clause of these General Terms and Conditions of Sale at any time, without any restriction.
Any clause of these General Terms and Conditions of Sale found to be null or unlawful by a competent judge would be deprived of effect, but its nullity should not affect the other provisions, nor affect the validity of the General Terms and Conditions of Sale as a whole or their legal effects.
ARTICLE 13 – Applicable Law – Language
These General Terms and Conditions of Sale and the transactions resulting therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. If translated into one or more foreign languages, only the French text will be considered authentic in the event of a dispute.
ARTICLE 14 – Disputes
All disputes to which the purchase and sale operations concluded in application of these general terms of sale could give rise, regarding both their validity, interpretation, execution, termination, consequences, and consequences and which could not be resolved between the Hotel and the Client will be submitted to the competent courts under the conditions of common law.
The Client is informed that they may, in any case, resort to conventional mediation, in particular with the Tourism and Travel Mediator, whose contact details are as follows:
Tourism and Travel Mediation
BP 80 303 75 823
Paris Cedex 17
https://www.mtv.travel/
ARTICLE 15 – Pre-Contractual Information – Client Acceptance
The Client acknowledges having been communicated, prior to making the reservation and concluding the contract, in a readable and comprehensible manner, these General Terms and Conditions of Sale and all the information listed in article L. 221-5 of the Consumer Code, including 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 any ancillary costs;
● in the absence of immediate performance of the contract, the date or time frame within which the Service Provider undertakes to deliver the reserved Services;
● information on the identity of the Service Provider, its postal, telephone, and electronic contact details, and its activities, if they do not arise from the context,
● information on legal and contractual guarantees and their implementation procedures;
● the functionalities of digital content and, where applicable, its interoperability;
● the possibility of resorting to conventional mediation in the event of a dispute;
● information on important contractual conditions.
● accepted payment methods.
The fact that a physical (or legal) person makes a reservation on the Hotel's Website implies full and complete acceptance of these General Terms and Conditions of Sale and obligation to pay for the ordered Services, which is expressly recognized by the Client, who renounces, in particular, to rely on any contradictory document, which would be unenforceable to the Provider.