General Conditions of Sales
These general conditions of sale (hereinafter, the "General Conditions") define the contractual relations between any non-professional user (hereinafter, the "Client") of the Hotel Le Petit Madeleine Hotel (hereinafter, the "Hotel ") And its website www.petitmadeleinehotel.com (hereinafter, the" Site "), operated by SAS HOTEL PAIX MADELEINE, a simplified joint stock company, registered in the Paris Trade and Companies Register under number 422 519 462 00028, whose registered office is 22 rue Roquepine 75008 Paris, whose intra-community VAT number is FR34 422 519 462 (hereinafter, the "Service Provider"), from the reservation until the departure of the Client's Hotel, as well as the conditions applicable to any reservation made through the reservation services of the Hotel Site.
The Service Provider reserves the right to be able to modify, in whole or in part, the General Conditions at any time. In this case, the new version of the General Conditions will be available on the Site with its date of entry into force. The applicable conditions will be those in force on the date of validation of the Customer's reservation. The Customer declares to have read the General Conditions, the prior acceptance of which is mandatory before the validation of any reservation. Any confirmed reservation entails the express and complete acceptance of the General Conditions and the waiver of its own purchase conditions or other conditions. When the reservation is made on the Hotel Site, the Customer declares to have read the General Conditions and to have accepted them by checking the box provided for this purpose before confirming the reservation. The Customer has the option of saving and editing these general conditions using the standard functions of his browser or computer.
The General Conditions apply to any reservation made directly with the Service Provider or via the Internet via the reservation services of the Hotel Site. The General Conditions apply to all the services offered by the Hotel. The registration of the reservation and the sending of the confirmation will constitute proof of the transaction and acceptance of the operations carried out.
The Customer declares that he is acting for personal purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and to have full legal capacity allowing him to engage under these General Conditions. The Customer declares to be responsible for the use of the reservation site of the Hotel Site, both in his personal name and on behalf of third parties, in particular minors. In this regard, the Customer guarantees the veracity and accuracy of the information provided, both by himself and by the minors in his care when booking. Fraudulent use of the Hotel's reservation services or which contravenes the General Conditions may result in the denial of access to the services offered and give rise to legal proceedings before the competent courts.
3- Formation of the contract
The contract is deemed to have been formed once a confirmation of the reservation has been sent to the customer either by the reservation procedure via the Hotel's website, or by an email or letter confirmation when the reservation has been made by exchange. by e-mail or by phone at the hotel reception.
The Customer chooses the services from those offered by the Service Provider and presented on the Hotel Site according to his needs. The Customer acknowledges having taken cognizance of the nature, destination and reservation methods of the services available on the Hotel Site and having requested and obtained the necessary and / or additional information to make their reservation in full knowledge of the facts. The Customer is solely responsible for his choice of services and their suitability for his needs, so that the Service Provider cannot be held liable in this regard. The reservation is deemed to have been accepted by the Customer at the end of the reservation process.
5- Booking procedure
The reservation of the services offered by the Hotel can be made by telephone at the following number: +33 (0) 1 42 65 14 36, by email: email@example.com or online via the Hotel website or by mail addressed to: Le Petit Madeleine Hotel 22 rue Roquepine 75008 Paris.
Written confirmation of the reservation will be communicated to the Customer as soon as possible, and no later than eight (8) days following the reservation, by any means of communication. This confirmation will include the essential elements of the reservation, such as the type of room reserved, the number of nights, the price and the expected date of availability, as well as any other service that may have been included.
at the discretion of the Customer at his reservation request.
6- Proof of the transaction
It is expressly agreed that, unless proven otherwise, the data stored in the information system of the Service Provider, on computer or electronic media, have probative force concerning reservations made by the Customer. Consequently, this data can be produced as a means of proof in any contentious or other procedure, and will be admissible, valid and opposable between the parties in the same way, under the same conditions and with the same probative force as any document which would be drawn up. , received or kept in writing.
7- Price / rate
The prices relating to the reservation are indicated before and during the reservation. The sum to be paid by the Customer includes the price of the stay (unit price of the room selected by the Customer multiplied by the number of nights) to which are added the options chosen during the reservation (unit price multiplied by the quantity ordered), if applicable. Unless otherwise stated on the Site, options (breakfast) which are not offered at the time of booking are not included in the price.
The prices are indicated inclusive of all taxes (including VAT), in euros, and are only valid for the date or period indicated on the Site. The tourist tax, indicated for each rate, is to be paid directly to the Hotel on site, unless otherwise specified when booking. Any modification or introduction of new governmental or local taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date. For reservations made online on the Hotel Site, the Customer may have a choice between several prices depending on the period:
• a preferential rate for a non-modifiable and non-refundable reservation prepaid upon reservation.
• a flexible rate for a modifiable and refundable reservation, the modification and reimbursement conditions of which are specified.
The Service Provider reserves the right to modify at any time and without notice the prices appearing on the brochures and other commercial media, as well as the prices displayed in the establishments. These modifications will not be applicable to reservations previously accepted by the Service Provider.
8- Terms of payment
When booking, the Customer must provide the authentication details of his credit card, in order to validate the reservation. Otherwise, the reservation will be automatically canceled. The Hotel may also ask him to present an identity document for the purposes of preventing credit card fraud.
- for the preferential rate with prepayment: the total price of the reservation is debited at the time of reservation, on the credit card provided by the Customer. The Customer expressly acknowledges that this is a prepayment and that his card will be debited before his stay.
The reservation validated by the Customer will only be considered effective after agreement with the bank payment centers concerned. In case of refusal of the said centers, the reservation will be automatically canceled. Payment must be made with one of the bank cards indicated on the Site, through a secure internet page. The details of the Customer's bank card will be encrypted with SSL (Secured Socket Layer).
- for the flexible rate: no prepayment is required when booking. The Customer's credit card number is required to validate the reservation, but the Customer's credit card will not be debited except in the event of late cancellation or no-show by the customer. Payment for the reservation must be made to the Service Provider, directly to the Hotel upon the Customer's departure. The hotel reserves the right to pre authorize the credit card given as a guaranty.
Bank guarantee :
The reservation guarantee by credit card means taking the Customer's payment data when making the reservation. The Customer's credit card is not debited and payment for the stay is made directly to the Hotel on the day of arrival or departure according to the rate chosen by the customer, unless the Customer does not show up at the Hotel and that he has not previously canceled his reservation in accordance with the cancellation conditions of the rate reserved.
If the Customer has not prepaid their stay online, the Hotel may, within 15 days before the Customer's arrival, request an authorization (also called “pre-authorization”) from the bank. of the Customer on the credit card for the amount of the 1st night of the stay per room.
Booking 1 room 2 nights at 129 euros = request for authorization of 129 euros.
Booking 2 rooms 2 nights at 129 euros = request for authorization of 258 euros.
The pre-authorization request is not an immediate debit but corresponds to a reserve for subsequent payment, authorized by the Client's bank, which temporarily reduces the limit of the bank card used to guarantee the possibility of the subsequent debit. In certain cases, depending on the Customer's bank, the pre-authorization request may however appear as a pending debit on the bank account associated with the card used.
When the pre-authorization request has been activated and confirmed by the bank
• the Customer presents himself at the Hotel, payment for the entire stay is made directly to the Hotel on the day of arrival for the flexible rate. The Hotel then proceeds, upon departure from the Client, to a request to release the pre-authorization request from the Client's bank. Any consumptions or expenses of the Customer consumed on site will be payable by the Customer on the day of his departure from the Hotel;
• the Customer does not appear at the Hotel on the first day of his reservation, the Hotel sends the Customer's bank a debit request.
In rare cases, the pre-authorization request may result in a debit by the Customer's bank even before the actual debit is effective. In this case, the debit will not be done twice. The balance, if in favor of the Client, will be automatically re-credited by the bank to the Client.
If the reservation is canceled after the pre-authorization request has been activated in accordance with the cancellation conditions of the reserved rate, a request to cancel the pre-authorization request is automatically sent to the bank of the cardholder used. . In rare cases, this cancellation may appear as a refund.
It should be noted that the taking into account of the release of the pre-authorized amount (or refund) usually takes twenty-four (24) to forty-eight (48) hours but the delay can reach seven (7) working days or more, in depending on the holder's bank.
To activate a pre-authorization request, the Customer is invited to provide their credit card data as part of the guarantee of the reservation. The Customer is informed in advance of the characteristics of the pre-authorization request. Credit card data is only kept by the Hotel, under a strict bank data security policy.
- payment of extras: any extras (bar, telephone, etc.) which will not be explicitly included in the rates will be payable directly on site at the end of the stay.
Failing this, the Customer expressly authorizes the Service Provider to debit the bank card left as a guarantee for the payment of the extras.
9- Modification of the reservation
This provision is inapplicable to reservations made at the preferential rate (no refundable rate).
Changes to the reservation can be made free of charge, subject to availability. The rates applied are those on the day of the reservation. Any additional price caused by the modifications requested by the Customer will give rise to additional invoicing.
10- Cancellation of the reservation
The Customer is reminded that, in accordance with Article L. 221-28 of the Consumer Code, he does not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code. Reservations made at the preferential rate cannot be canceled by the Customer.
For other reservations, all cancellations must be sent by email. For reservations made on the Hotel Site, the Customer can cancel their reservation by clicking on the link at the end of their confirmation email and by following the instructions displayed on his screen. If the reservation includes a reservation fee, these will not be refundable. The amount of fees billed to the Customer in the event of cancellation of their reservation are indicated when making their reservation.
- Cancellation by the Customer for a one-night stay : this cancellation must take place no later than 48 hours before the arrival. For any cancellation, after this time, or in the event of a no-show at the Hotel the total amount of the reservation will be charged, without extras.
- Cancellation by the Customer for a stay longer than one night : this cancellation must take place no later than 48h before the arrival. For any cancellation, after this time, the first night will be charged, without extras.
11- Stay at the hotel
The reception is open 24 hours a day. The Hotel has a luggage room. Unless expressly provided otherwise, the Customer may have his room at the Hotel from 3 p.m. on the first day of his reservation and must vacate the room before 12:00 a.m. on the day of the end of his reservation. Otherwise, it will be charged an extra night. The Customer accepts and agrees to use the room and the common areas made available to him with due diligence. Any behavior contrary to the principles of safety and / or hygiene, good morals and / or public order may lead the Service Provider to ask the Customer to leave the Hotel without any compensation and / or without any reimbursement if a payment has already been done. Any damage caused by the Customer in the reserved room may be invoiced to him directly. Penalties equal to the maximum of the price of the reserved room may be applied if the Customer does not respect the display prescribing the prohibition of smoking in his room, when it is affixed.
The Customer also undertakes that the IT resources made available to him by the Hotel (in particular the WiFi network) are not in any way used for purposes of reproduction, representation, provision or communication to the public. works or objects protected by copyright or a neighboring right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code when this authorization is required.
12- Commitments and responsability of the customer
The Customer is solely responsible for the information communicated when creating his account and / or making any reservation. The Service Provider cannot be held responsible for any erroneous or fraudulent information communicated by the Customer. In addition, the Customer alone is responsible for the use of his account and for any reservation made, both in his personal name and on behalf of third parties, including minors, except to demonstrate fraudulent use not resulting from any fault. , nor negligence on his part. In this regard, the Service Provider must be immediately notified of any misappropriation or fraudulent use of his e-mail address. The Customer agrees to use the Hotel Site and the services offered therein in compliance with applicable regulations and these General Conditions. In the event that the Client fails to comply with his obligations under these General Conditions, the latter is liable for the damage caused by him to the Hotel, the Service Provider or third parties. As such, the Customer undertakes to indemnify the Service Provider against all claims, actions or remedies of any kind that may result therefrom and to indemnify him for any damages, costs or compensation whatsoever relating thereto. The Customer, in particular, undertakes by making a final reservation, to pay the price and to comply with the specific conditions relating thereto, if applicable. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the order at the Customer's expense, without prejudice to any civil or criminal action against the latter.
13- Responsability of the provider
In the online reservation process, the Service Provider is bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, interruption of service, etc. Hypertext links may refer to sites other than the Hotel Site, which disclaims all liability for the content of these sites and the services offered. The decision to consult third-party websites is therefore the full and entire responsibility of the Customer. Even if every best effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel give as exact an overview as possible of the services offered, minimal variations may occur, in particular due to the change of furniture or possible renovations. The Customer will not be able to claim any claim of this fact. In accordance with the laws and regulations governing intellectual property rights, the use and / or reproduction of all or part of the elements making up the offers on the Hotel Site are strictly prohibited. The Service Provider will not be held liable for any indirect damage as a result of these conditions, in particular due to a third party, due to the Customer or due to the partners of the Hotel.
14- Personal data
The Customer acknowledges and accepts that the Hotel, as data controller, collects and processes the personal data necessary for the purposes of managing reservations and customers, for billing and payment purposes and to carry out its commercial actions and satisfaction surveys. The data is intended for the Hotel and its service providers. The Customer is informed, on each of the data collection forms Data of a personal nature, the obligatory or optional nature of responses and information. The processing of information communicated through the Hotel Site meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data. The Customer has, in accordance with national and European regulations in force, the right to access, rectify and delete personal data concerning him and may object to the processing of his data. To exercise these rights, the Customer must contact the Hotel, by mail or by email, at the following coordinates: Le Petit Madeleine Hotel 22 rue Roquepine 75008 Paris - Email: firstname.lastname@example.org - Website: www. petitmadeleinehotel.com - The Customer is also informed of his right, in application of article L.223-2 of the Consumer Code, to register on the list of opposition to canvassing when collecting his contact details telephone. www.bloctel.gouv.fr
The Customer retains the possibility of refusing cookies by configuring his Internet browser. He then loses the possibility of personalizing the service delivered to him by the Service Provider via the Site.
Regarding the use of the Hotel Site, the Service Provider is the holder of all intellectual property rights relating to the Site. The elements accessible on the Site, in particular in the form of texts, photographs of the hotel, images, icons, sounds, videos, software, databases, are also protected by intellectual and industrial property rights and other private rights held by the provider. Unless the Service Provider has expressly and previously agreed in writing, it is expressly forbidden to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, elements present on the Site, or to distribute a simple or hypertext link.
17- Integrality of the contract
These General Conditions, the conditions of sale of the rate reserved by the Customer and the reservation confirmation express all the obligations of the parties and constitute the confirmation of the contract including all the information provided for in article L. 221-5 of the Code. of consumption within the meaning of Article L. 221-13 of the Consumer Code. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the reservation confirmation, including the special conditions of the reserved rate, having been validated by the Customer and these General Conditions. In the event of a contradiction between the reservation confirmation and the General Conditions, the provisions appearing on the reservation confirmation validated by the Customer will be the only ones applicable for the obligation in question.
18- Force majeure
The Service Provider, the Hotel and the Client cannot be held liable for any failure to fulfill their obligations resulting from an event of force majeure, as defined in article 1218 of the Civil Code. It is expressly agreed that force majeure partially suspends the performance of their reciprocal obligations. Each of the parties bears the cost of all the costs incumbent upon it and which result from the case of force majeure.
Any complaint relating to a reservation must be sent by the Customer by registered letter with acknowledgment of receipt to the hotel's email or postal address, at the latest within fifteen (15) days following the last night, under penalty of foreclosure:
Le Petit Madeleine Hotel
22 rue Roquepine
20- Attribution of jurisdiction / Mediator
A dispute cannot be examined by the consumer mediator when the consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by a written complaint according to the terms provided, if applicable, in the contract. These General Conditions and the contractual relations between the Service Provider and the Customer are subject to French law.
ALL DISPUTES IN WHICH PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE CONDITIONS GENERAL CONDITIONS MAY GIVE PLACE CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, THEIR CONSEQUENCES AND THE FOLLOW-UP AND WHICH COULD NOT BE RESOLVED BETWEEN THE PROVIDER AND THE CUSTOMER WILL BE SUBJECT TO THE COMPETENT COURTS IN THE LAW.
The customer can seize either one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of the place where he was living at the time of the conclusion of the contract or the occurrence of the harmful event.
However, the Customer undertakes to seek an amicable solution before any legal action. The Customer is informed that he can in any case resort to conventional mediation free of charge, in particular with the Association of European Mediators (AME CONSO), within one year of the written complaint addressed to the professional.
Referral to the consumer ombudsman must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
- or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS. »
21- Pre-contractual information
The Customer acknowledges having had communication, prior to the confirmation of his reservation, on the Website of the Hotel, in a readable and understandable manner, and on a durable medium, of these General Conditions and of all the pre-contractual information provided for. Articles L. 221-5 and L. 221-11 of the Consumer Code, and in particular:
• the essential characteristics of the services, taking into account the communication medium used and the service concerned;
• the price of the service and its ancillary costs;
• in the absence of immediate execution of the contract, the date or the deadline by which the Service Provider undertakes to perform the service;
• information relating to the identity of the Service Provider, its postal, telephone and electronic contact details and its activities, provided that it does not emerge from the context;
• information relating to legal guarantees and their implementation methods;
• the possibility of resorting to conventional mediation in the event of a dispute;
• the non-applicability of the right of withdrawal.
• information relating to the existence of codes of good conduct, where applicable bonds and guarantees, terms of termination, dispute resolution methods and other contractual conditions.