DEFINITIONS & INTERPRETATIONS
The terms used in the present document and which are capitalized without having been previously defined have the meaning given to them below:
"Customer" means a natural person of legal age, acting for his or her own personal needs and having the full legal capacity to enter into a commitment hereunder.
"Terms and conditions of sale of the reserved fare" means the specific conditions of each reservation made by the Client.
"Reservation Confirmation" means the document summarizing the details of the reservation made by the Customer, sent by the website or by the Hotel to the Customer.
"Reservation Request" means any request for a hotel room reservation made by the Customer.
"Hotel" means the hotel La Chambre Du Marais, operated by the company SAS PAPYRUS with a capital of 3 443 770€, whose registered office is located at 85-87, rue des Archives - 75003 PARIS, registered in the Paris Trade and Companies Register under number 800 836 058.
"Partner" means any service provider who has entered into a service contract or partnership agreement with the Hotel.
"Service" means any hotel room reservation service provided by the Customer on the Hotel's website.
"Hotel's Internet site" means the Internet site dedicated to the Hotel and accessible at the following address www.lachambredumarais.com
ARTICLE 1 - Scope of application
These general terms and conditions of sale (hereinafter referred to as "GTC") apply to sales transactions concluded by the Hotel with the Customer.
They cancel and replace any previous version that may have been put online and/or accepted by the Customer.
These General Terms and Conditions of Sale apply to all use of the Site, in particular to the marketing by Internet and telephone of all services offered on the Site by the Hotel.
It is therefore imperative that the Customer carefully read the GTC, which are referenced by hyperlink on each page of the Site. He/she is advised to download and/or print them in order to keep a copy on the day of his/her order as they are likely to be modified, it being specified, however, that such modifications will be inapplicable to orders for Services placed previously.
The General Terms and Conditions of Sale may be supplemented by special terms and conditions of sale appearing on the description of the Service as well as by the terms and conditions of sale of the Service Providers, which are available either on their Internet site or on site.
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.
In the absence of proof to the contrary, the data recorded in the Provider's computer system shall constitute proof of all transactions entered into with the Customer. Thus, the entry of banking information, the acceptance of the General Terms and Conditions of Sale, the Terms and Conditions of Sale of the rate or the Reservation Request, between the Hotel and the Customer shall have the same value as a handwritten signature on paper. The computerized records kept in the Hotel's computer systems shall be kept under reasonable security conditions and shall be considered proof of communication, orders and payments made between the Hotel and the Customer.
The Hotel shall ensure that the written record of the conclusion of the contract is kept in electronic or paper format for a maximum period of 5 years.
The Customer is informed that his/her IP address is recorded at the time of reservation.
In accordance with the Data-processing law and Freedoms of January 6, 1978, the Customer has, constantly, of a right of access, of correction, and opposition to the whole of its personal data by writing by mail and while justifying of its identity to:
Hotel La Chambre Du Marais - 87, rue des Archives - 75003 PARIS
The present General Conditions of Sale also include the Charter on the Personal Data.
The Customer declares that he/she has 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 and Conditions of Use of the Hotel's website.
Validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges that he/she has the required capacity to enter into a contract and acquire the Services offered on the Hotel's website.
These General Terms and Conditions of Sale may be subject to subsequent modifications, but the version applicable to the Customer's purchase is the one in force on the website at the time of the reservation.
These General Terms and Conditions of Sale shall apply for as long as the services offered by the Hotel are available online on the Hotel's website. The Hotel reserves the right to temporarily or permanently close access to its website.
ARTICLE 2 - Capacity
The Customer acknowledges that he/she has the capacity to enter into a contract, i.e., that he/she is of legal age and is not under guardianship or tutelage.
The Customer also declares that he/she is using the Site in accordance with these GTC, in his/her own name and in the name and on behalf of all the beneficiaries of the services ordered by him/her on the Hotel's Web site, for whom he/she acknowledges that he/she is the agent (hereinafter referred to as the "Beneficiaries") and to whom these GTC shall be binding.
The Customer shall be financially responsible for the use of the Hotel's Web site on behalf of the Beneficiaries, unless it can be shown that the use was fraudulent and not due to any fault or negligence on its part.
The Customer guarantees the truthfulness and accuracy of the information provided by him/her in his/her name and in the name and on behalf of all Beneficiaries using his/her data on the Hotel's Internet site.
The Company reserves the right at any time not to enter into a contract with a Customer who makes fraudulent use of the Hotel's Web site or who violates these GTC.
In this regard, we remind you of the terms of Article 313-1 of the French Penal Code:
"Fraud is the fact, either by the use of a false name or a false capacity, or by the abuse of a true capacity, or by the use of fraudulent maneuvers to deceive a natural or legal person and to determine it thus, to its prejudice or to the prejudice of a third party, to hand over funds, values or any property whatsoever, to provide a service or to consent to an act creating an obligation or discharge. Swindling is punishable by five years of imprisonment and a fine of 375,000 €".
ARTICLE 3 - Right of withdrawal
Pursuant to the provisions of Article L. 121-21-8 of the French Consumer Code, the services offered on the Hotel's Web site are not subject to the right of withdrawal provided for in Articles L. 121-21 et seq. of the French Consumer Code with respect to distance selling.
Consequently, the services ordered on the Hotel's Internet site are subject exclusively to the cancellation and modification conditions provided for in these GTC and the Customer may not invoke the right of withdrawal.
ARTICLE 4 - Rates
Rates are confirmed to the Customer in the commercial currency of the Hotel and include VAT at the rate applicable on the date of the reservation. They include VAT at the rate applicable on the date of the reservation; any change in the rate applicable to VAT will automatically be reflected in the rates indicated on the date of invoicing. The same shall apply to any change or introduction of new legal or regulatory taxes imposed by the competent authorities.
Rates are per room for the number of persons indicated and according to the selected period.
The rates do not include the tourist tax, which can be paid directly to the Hotel.
The Customer agrees to pay these various taxes to the Hotel without any dispute.
The payment requested from the Customer corresponds to the total amount of the purchase, with the exception of this tax.
The prices indicated include only the services strictly mentioned in the reservation.
Any additional services provided by the Hotel during the stay and, where applicable, the tourist tax shall be added to the price mentioned in the reservation.
The prices mentioned on the Site are subject to change at any time by the Hotel without prior information or notice. Only the price indicated in the reservation confirmation by the Hotel is binding.
The prices of the services are determined according to the economic conditions in force on the date the rates were established and in euros.
The Hotel reserves the right to change the prices at any time until the reservation is confirmed. Prices may be revised even after the reservation has been made, depending on changes in the number of guests or the imposition of fees and taxes related to the services offered, or, if applicable, changes in the exchange rate.
However, no price changes can be made to the stay once the reservation has been confirmed and this until the departure date.
The conversion in foreign currency is given as an indication and is not contractual. If a rate involves payment directly to the Hotel upon the Customer's arrival or departure and the Customer's currency is not the same as that of the Hotel, the rate charged by the Hotel may be different from the rate communicated at the time of reservation, taking into account changes in the exchange rate between the reservation date and the payment date.
An invoice is issued by the Provider and given to the Customer upon provision of the reserved Services.
ARTICLE 5 - Online Order
The Customer selects on the Hotel's website the services he/she wishes to book in the following manner:
1. Selection of the type of room and the rate
2. Selection of additional services, if any
3. Check and validate the details of the reservation, the total amount of the reservation, the conditions of the rate
4. Indication of your contact information
5. Enter your credit card details in case of guarantee or prepayment
6. Consultation and acceptance of the general sales conditions and the conditions of the selected fare prior to the validation of the reservation
7. Validation of the reservation
The Customer acknowledges that he/she has read the nature, destination and reservation terms and conditions of the Services offered by the Hotel and has requested and obtained the necessary information to make a reservation with full knowledge of the facts.
The Customer is solely responsible for his or her choice of services and their suitability for his or her needs, and the Hotel shall not be held liable in this regard.
The Customer undertakes to complete the information requested on the reservation request and attests to the truthfulness and accuracy of the information provided.
The contractual information is presented in French and will be confirmed at the latest at the time of validation of the reservation by the Client.
For reservations made exclusively on the Internet, the registration of a reservation on the Hotel's Internet site when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates his/her reservation.
The Customer has the opportunity to check the details of his/her reservation, its total price and to correct any errors before confirming his/her acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Sales Conditions and constitutes proof of the sales contract.
It is therefore the Client's responsibility to verify the accuracy of the reservation and to immediately report any error.
The reservation is firm and final only after receipt of the confirmation sent to the Customer by the Hotel.
Any reservation made on the Hotel's website constitutes the formation of a contract between the Customer and the Provider.
The Hotel reserves the right to cancel or refuse any reservation made by a Customer with whom there is a dispute over payment of a previous reservation.
Each reservation is nominative and may not be transferred to a third party under any circumstances.
Reservations for more than 4 rooms may be subject to special conditions and additional charges.
Please contact the hotel at + 33 (0)1 44 78 08 00.
The rates, terms and conditions of reservations are intended for the sale of hotel rooms in accordance with their primary purpose: accommodation.
The Hotel reserves the right to modify or cancel the reservation(s), as well as the rates and conditions if the rooms are used for other purposes such as parties, dinners, meetings, photo or video shoots, filming of movies or interviews, written or filmed interviews, shootings for social networks, showrooms etc... (non-exhaustive list) without prior written authorization from the management.
The number of guests in the rooms may not exceed the number of people booked and may not exceed the maximum capacity of the rooms declared to the Prefecture of Police of Paris (declaration available from the hotel management).
ARTICLE 6 - Online payment methods
Depending on the type of reservation made, the price is payable in full (Non-Refundable Rate) or in part (Stay of more than three (3) nights) at the time the reservation is made or at the end of the Customer's stay at the Hotel (Flexible Rate).
In all cases and in order to guarantee the reservation, the Client is asked to communicate his/her credit card number (Visa or Mastercard), the transmission of information being done by secure means.
In the event of payment at the time the order is placed, the Customer's credit card information is transmitted to the Hotel via a secure system, enabling the Hotel to debit the card for the total amount of the stay, again in a secure manner.
The Customer's bank account is debited on the day the order is placed, and the invoice is sent by the Hotel to the Customer on the day of departure from the Hotel.
The credit card used to make the reservation must be presented by the cardholder upon arrival.
Otherwise, a new credit card will be required for payment upon arrival.
In the case of a third party taking charge of the stay, the hotel will require documents for the security of the transaction.
Please also note that the hotel reserves the right to pre-authorize your credit card at any time prior to your arrival.
ARTICLE 7 - Modification and/or cancellation of a reservation
Cancellations and/or modifications of reservations can be authorized according to the price plan chosen by the Client.
Any request for modification and/or cancellation of a reservation must be made as soon as possible and at the latest within the following deadlines:
- Cancellation of a reservation at the Flexible rate for a stay of three (3) nights or less:
In the event of cancellation of a reservation at the Flexible rate by the Customer, for a stay of three (3) nights or less, after its acceptance by the Hotel, and less than two (2) days before the planned date of stay, for any reason whatsoever, a sum corresponding to the total amount of the 1st night's stay will be automatically acquired by the Provider and invoiced to the Customer, as damages, in compensation for the prejudice suffered.
- Cancellation of a reservation at the Flexible rate for a stay of more than three (3) nights:
In the event of cancellation of a reservation at the Flexible Rate by the Customer, for a stay of more than three (3) nights, after its acceptance by the Hotel and less than four (4) days before the planned date of stay, for any reason whatsoever, a sum corresponding to 30% of the total amount of the reservation will be automatically acquired by the Provider and invoiced to the Customer, as damages, in reparation for the prejudice suffered.
- Cancellation / Modification of a reservation at the Non-Cancellable Non-Refundable rate:
No modification or cancellation will be accepted and the total amount of the stay will be retained by the Hotel without the Client being able to claim any refund. The same will apply in the event that the Client does not show up on the scheduled date of arrival.
Any request to modify and/or cancel a reservation must be made by email to email@example.com
The modification and/or cancellation of a reservation is firm and final only after receipt of a confirmation by email from the Hotel.
The date of receipt of the request for modification and/or cancellation (by email, mail, telephone) is the date retained for the cancellation.
In the event that the Client does not show up at the Hotel and in the absence of a cancellation :
- the total amount of the reservation will be retained by the Hotel in case of a reservation at a Rate indicated as Non-Cancellable / Non-Refundable.
- The amount of the first night will be deducted by the Hotel in case of a reservation at a Flexible Rate for a stay of less than five (5) nights.
- 30% of the total amount of the stay will be retained by the Hotel in the event of a reservation at a Flexible Rate for a stay of more than five (5) nights.
Furthermore, for a stay of at least 2 nights, in the event of the Customer's failure to show up on the first day of the stay, the Hotel is not required to keep the room for the remaining duration of the stay.
ARTICLE 8 - Relocation
In the event that the Hotel is not available or in the event of force majeure, the Hotel reserves the right to accommodate the Customer in whole or in part in a hotel of equivalent or higher category, offering services of the same nature. The transfer will then be at the expense of the hotelier, who will not be liable for any additional compensation.
ARTICLE 9 - Additional services - Packages
Force majeure is defined as any event external to the parties that is both unforeseeable and insurmountable and that prevents either the customer or the hotelier from fulfilling all or part of the obligations under the contract.
This is particularly the case in the event of a strike, insurrection, riot, or prohibitions issued by government or public authorities.
It is expressly agreed that force majeure suspends, for the parties, the execution of their mutual obligations and that each party bears the costs arising therefrom.
Clients shall bear alone the additional costs that may be incurred to allow the continuation of the trip, following the occurrence of a case of force majeure.
ARTICLE 10 - Force majeure
These General Terms & Conditions of Sale expressly exclude the legal system of unpredictability for all service operations provided by the Service Provider to the Client. Therefore, the Service Provider and the Client each waive the right to invoke the system of unpredictability stipulated therein, undertaking to fulfil their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable when concluding the sale, even if their performance should prove to be excessively burdensome, and to bear the economic and financial consequences of this.
ARTICLE 11 - Claims
Any complaint must be addressed to the following postal address Hotel La Chambre Du Marais - 87 Rue des Archives - 75003 Paris - France or by email to firstname.lastname@example.org within 15 days following the departure of the stay that is the subject of the said complaint.
No claim will be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
In the absence of reservations or complaints expressly made within this time limit by the Client upon receipt of the Services, the latter will be deemed to be in conformity with the reservation, in quantity and quality.
Article 12: Provision of Services
The Services reserved by the Customer, which include hotel room reservations and related services, will be provided in accordance with the following terms and conditions, as set forth in these General Terms and Conditions of Sale, supplemented by the Terms and Conditions of Sale of the Tariff, which the Customer has read and accepted when making a reservation on the Hotel's website.
Upon arrival, the Customer will be asked to show his/her identification to ensure that he/she is required to complete a Police Form.
The Hotel is a completely non-smoking area. The Client will be held responsible for any direct and/or indirect, consequential damages resulting from the act of smoking in the Hotel. Therefore, the client will be responsible for the full amount of the cleaning and restoration costs of the damaged element or space.
Animals are not allowed in the Hotel.
Unless otherwise expressly agreed, the room will be made available to the Client on the day of arrival at 3 p.m. and the Client will leave the room on the day of departure at 12 p.m.
If this is not the case, the Customer will be charged an additional night's stay.
The Client must check out on the date of departure. In case of early departure, a fee equivalent to one night's stay will be charged, unless the Customer has notified the Hotel at least 24 hours before departure.
The Provider undertakes to use its best efforts to provide the Services booked by the Customer on a best effort basis.
ARTICLE 13 - Responsibilities
The Client shall be held responsible for any damage, deterioration or vandalism that may occur as a result of occupying the premises and/or of the participants and/or the staff for whom he/she is responsible, to movable, decorative and real estate property belonging or not belonging to the Hotel.
Therefore, the Hotel has the right to ask the Client to leave the establishment without any compensation or reimbursement for the stay in progress, and to reimburse the damage caused by these acts.
The Customer's personal belongings left in the Hotel room, particularly outside the safe or in the public areas of the Hotel, are the Customer's sole responsibility. The Hotel shall not be held responsible for loss, theft, damage or deterioration of such belongings.
The Client agrees and undertakes to use the room in good manners. Therefore, any behavior contrary to good morals and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation or refund if payment has already been made. In the event that no payment has been made, the Customer must pay the price of the nights consumed before leaving the establishment.
The Client will be held responsible for all direct and/or indirect, consequential damages that he/she may cause in the room reserved or that he/she may cause within the Hotel. Consequently, he/she undertakes to compensate the Hotel for the amount of the said damage, without prejudice to any damages and interest that may be due, as well as any legal fees incurred by the Hotel.
In the online sales process, the Hotel is bound only by an obligation of means. It shall not be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions or other unintended problems.
ARTICLE 14 - Disputes
All disputes to which the purchasing and sale transactions concluded in accordance with these General Terms & Conditions of Sale may give rise, relating to their validity, interpretation, performance, termination, their consequences and effects, and which it may not be possible to resolve between the Hotel and the Client shall be heard by the competent courts under the conditions of common law.
The Client is informed that, in all cases, he/she may make use of conventional mediation services, in particular provided by the Consumer Mediation Commission if exists or any alternative method for resolving differences (conciliation, for example) in the event of a disputes.
ARTICLE 15 - Pre-contractual information - Customer acceptance
The Customer confirms that, prior to making his/her booking and on concluding the contract, it has been informed these General Terms & Conditions of Sale as well as all the information listed on the article L. 221-5 of the Consumer Code, in a legible and comprehensible form, and specifically the following information:
the essential characteristics of Services, taking account of the communication medium used and the Service in question,
the price of Services and ancillary costs,
in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the Services booked,
information relating to the identity of the Service Provider, its postal address, telephone number and e-mail address, and its activities, if these are not apparent from the context,
information relating to legal and contractual guarantees and the procedures for implementing them,
digital content functionalities and, where applicable, its interoperability,
the option of making use of conventional mediation services in the event of a dispute,
information relating to important contractual conditions.
the payment methods accepted.
The act, by a natural person (or legal entity), of making a booking via the Hotel's Website implies the full and complete adherence to and acceptance of these General Terms & Conditions of Sale and the obligation to pay for the Services ordered, which is expressly acknowledged by the Client who, specifically, waives the right to invoke any conflicting document, which would be unenforceable as regards the Service Provider."
ARTICLE 16 - Data processing and personal rights
In application of the law 78-17, known as data-processing and liberties, the customers are informed that their reservation is the subject of a computerized personal treatment. The customers have a right of access and of correction of the seized data, which is exerted near the registered office: SAS PAPYRUS - 87 Rue des Archives - 75003 Paris - France. It is specified that this information is not communicated to third parties.
A WIFI access (free) allowing the customers to connect to Internet is proposed according to the Policy in force of the Hotel.
The Client agrees that the computer resources made available by the Hotel shall not be used in any way for the purpose of reproduction, representation, provision 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 authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorization is required.
If the customer does not comply with the above obligations, he/she may be charged with an infringement of copyright (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment.
The Customer is also required to comply with the security policy of the Hotel's Internet service provider, including the rules for using the security measures implemented to prevent the unlawful use of computer resources, and to refrain from any act that undermines the effectiveness of these measures.
The Hotel has a video surveillance system in the common areas for the security of goods and people.
Article 17 - Applicable Law
The present General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.
The present General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.