General Terms and Conditions of Sale
DISCLAIMERS:
- Anyone using the Hotel du Vieux Marais website for booking purposes must be at least 18 years old and have the legal capacity to enter into contracts.
- The Client can reserve a maximum of three (3) rooms individually and for personal use on the website.
For all group reservations related to business, meetings, seminars, or others, please visit the "Meetings & Events" section of the Hotel du Vieux Marais website. For any reservation of more than nine rooms identified on the website, the Hotel reserves the right to modify the price and the general conditions of sale.
- Any irregular, invalid, incomplete, or fraudulent reservation or payment attributable to the Client will result in the cancellation of the reservation at the Client's expense, without prejudice to any civil or criminal action against the Client.
ARTICLE 1: PURPOSE
These general terms and conditions of sale define the rights and obligations of the parties in the context of distance booking services offered by the Hotel du Vieux Marais. They apply to all reservations made through the Hotel du Vieux Marais website.
ARTICLE 2: GENERAL PROVISIONS
These general terms and conditions of sale apply for the entire duration of the services offered by the Hotel du Vieux Marais on the website.
The Hotel du Vieux Marais reserves the right to supplement or modify these general terms and conditions of sale at any time by publishing a new version on its website, which will automatically apply upon its publication.
The applicable general terms and conditions of sale are those in force at the time of the reservation.
ARTICLE 3: ONLINE CONTRACT CONCLUSION
3.1. Client's Choice of Services:
The Client chooses the services presented under their sole responsibility, and the Hotel du Vieux Marais shall not be held liable. The Client ensures the nature, destination, and reservation details.
The Client acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs and make the reservation with full knowledge.
3.2. Reservation Process:
- The Client makes the reservation through the dematerialized order form available on the website.
- The Client attests to the accuracy and correctness of the information provided.
- The Client must follow a series of steps to complete the reservation, including:
- Search for stay dates, room category, and rate;
- Possible selection of additional services such as breakfast (except when included in the rate mentioned above);
- Verification of the reservation details, total cost, and applicable sales conditions (general and specific);
- Providing Client's contact details;
- Entering credit card data in case of a guarantee or prepayment request;
- Reading and acceptance of the general terms and conditions of sale and the specific conditions of sale of the reserved rate before validating the reservation;
- Reservation validation.
3.3. Reservation Acknowledgment:
An acknowledgment of receipt email is sent to the Client. It summarizes the contract offer, reserved services, prices, total amount of the order, applicable sales conditions (general and specific) accepted by the Client, and the reservation date.
3.4. Formation of the Reservation:
The reservation is deemed to be formed upon confirmation of the reservation or when prepayment is made online by credit card.
ARTICLE 4: PRICES
- The prices for the reserved services are indicated on the website and confirmed during the reservation.
- The prices indicated are per room for the selected number of people and date.
- The prices are confirmed to the Client as the total amount, including taxes, in the Hotel's commercial currency and are valid for the duration indicated on the website.
- If the debit at the Hotel is made in a currency other than the one confirmed on the reservation, the exchange fees are borne by the Client.
- All reservations are payable in the Hotel's local currency, unless otherwise specified on site.
- Unless otherwise stated on the website, additional services (breakfast, spa access, etc.) are not included in the price and are displayed separately.
- The tourist tax, presented on the rate page, is to be paid directly at the Hotel.
- Prices include the applicable VAT on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the prices indicated on the invoicing date.
- Likewise, any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoicing date.
- The conversion to foreign currency is given for information purposes only and is not contractual. Only the currency confirmed at the time of the reservation is guaranteed (if this currency is different from the one used at the Hotel, any exchange fees will be borne by the Client).
- If a rate implies payment at the Hotel upon arrival or departure of the stay and the Client's currency is different from that of the Hotel, the rate charged by the Hotel may be different from the one communicated during the reservation, depending on the possible exchange rate fluctuations between the reservation date and the Hotel stay dates.
ARTICLE 5: PAYMENT
- The Client provides their credit card details as a guarantee for the reservation, unless there are special conditions or rates, by credit or debit card (Visa, Mastercard, etc.) by directly entering the card number, expiration date (the credit card must be valid at the time of the stay), and the visual cryptogram in the designated secure area (encrypted via SSL). The Client must present the credit card used to guarantee the reservation or make the prepayment at the Hotel. The Hotel may ask for an identification document for fraud prevention purposes.
- The payment debit is made at the Hotel during the stay, except in the case of special conditions or rates where payment debit is made during the reservation (online prepayment for certain rates). This prepayment is considered as a deposit. In the case of a non-prepaid rate online, the Hotel will ask the Client, upon arrival, for a security deposit or authorization to charge the credit card to guarantee payment for the services consumed on-site.
- In the event of a no-show (unannounced reservation cancellation – Client not present) for a reservation guaranteed by a credit card, the Hotel will debit the Client, as a lump-sum compensation, for the amount of the first night on the credit card used to guarantee the reservation, and any additional nights of the reservation will be canceled without charge unless otherwise specified in the conditions of sale of the reserved rate. By making a reservation, the Client expressly authorizes the Hotel to proceed with the payment of the lump-sum compensation.
- At the time of prepayment, the amount debited during the reservation includes: accommodation price, accommodation-related taxes, dining price if breakfast is chosen, dining-related taxes, and any other additional services selected by the Client.
- In the case of a rate subject to online prepayment, the advance payment, considered as a deposit, is debited at the time of reservation.
ARTICLE 6: CANCELLATION OR MODIFICATION BY THE CLIENT
- Pursuant to Article L 121-21, 12° of the French Consumer Code, the Client does not have the right of withdrawal provided for in Article L 121-21 of the French Consumer Code.
- The conditions of sale of the reserved rate specify the cancellation and/or modification conditions for the reservation.
- Prepaid reservations cannot be modified and/or canceled. The advance payments made as deposits will not be refunded. In this case, it is mentioned in the conditions of sale of the rate.
- When the conditions of sale of the reserved rate allow it, the cancellation or modification of the reservation can be made directly with the Hotel, whose contact details are specified on the reservation confirmation sent by email.
- In the event of an interrupted stay, the full agreed-upon price will be charged. In the case of a reservation with prepayment, no refund will be granted for this reason.
- Unless expressly stated otherwise, the Client must vacate the room by 12:00 noon on the day of the end of the reservation. Otherwise, an additional night will be charged.
- Each reservation is nominative and cannot be transferred to a third party, whether free of charge or for payment.
ARTICLE 7: RELOCATION
In case of an exceptional event or impossibility to provide the reserved room to the Client, or in case of force majeure, the Hotel reserves the right to accommodate the Client in a hotel of equivalent category for services of the same nature, subject to prior notice to the Client. The eventual additional cost of the room, transportation between the two hotels, and a phone call remain at the expense of the originally reserved hotel.
ARTICLE 8: HOTEL STAY
- In accordance with the regulations in force in France, the Client will be required to fill out a police form upon arrival at the Hotel. For this purpose, the Client will be asked to present an identification document to verify whether they must complete the police form.
- The Client must comply with the Hotel's Internal Regulations available at the Hotel Reception. In the event of non-compliance with said Regulations, the Hotel may be compelled to ask the Client to leave the Hotel without any compensation and/or refund if payment has already been made. If no payment has yet been made, the Client must pay the full price of the stay (consumed nights plus reserved nights not yet consumed) before leaving the establishment.
- The Hotel du Vieux Marais offers free WIFI access. The Client agrees not to use their computer resources for the reproduction, representation, provision, or communication to the public of any goods protected by copyright or neighboring rights without the permission of the rights holders or in violation of their rights.
ARTICLE 9: LIABILITY EXCLUSIONS
The photographs on the website are not contractual. Although the Hotel endeavors to ensure that photographs, graphic representations, and texts used to illustrate the Hotel give as accurate an overview as possible of the accommodation services offered, variations may occur, especially due to changes in furniture or possible renovations.
The Hotel du Vieux Marais cannot be held responsible for non-performance or improper performance of the reservation due to force majeure, actions of third parties, actions of the Client, including unavailability of the internet network, inability to access the website, external intrusion, computer viruses, or unauthorized prepayment by the cardholder's bank.
ARTICLE 10: HOTEL CANCELLATION / ERRORS
The site may contain inaccuracies and technical, typographical, or other errors related to the information displayed on the site, including, without limitation, rates, fees, or availability applicable to the transaction. The Hotel du Vieux Marais disclaims all responsibility for such errors, inaccuracies, or omissions. The Hotel du Vieux Marais reserves the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. The Hotel du Vieux Marais will have the right to make changes, corrections, cancellations, and/or improvements to information or reservations based on such information at any time, including after the reservation is confirmed.
ARTICLE 11: COMPLAINTS
Complaints regarding non-performance or improper performance of hotel services must be brought to the attention of the Hotel du Vieux Marais in writing within eight days after the departure date, directly with the Hotel, to avoid preclusion.
For any complaints regarding a hotel reservation, the Customer Service is at your disposal. Go to the "Contact Us" section.
You can also write to us at: Hotel du Vieux Marais, 8 rue du Platre, 75004 Paris, France.
ARTICLE 12: FORCE MAJEURE
Force majeure refers to any event outside the parties' control that is both unforeseeable and insurmountable and prevents either the Client or the hotelier from fulfilling all or part of the contract's obligations. Events usually recognized as force majeure or fortuitous events are those typically acknowledged by the French Courts and Tribunals' case law.
Neither party will be held responsible towards the other party in the event of non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations, and that each party bears the costs resulting from it.
ARTICLE 13: RESPECT FOR PRIVACY
- The Client is informed on each data collection form of the mandatory or optional nature of the responses by the presence of an asterisk.
- In the absence of information identified as mandatory, the Hotel du Vieux Marais may not be able to register the reservation and manage the Client's complaints.
- The processed information is intended for the Hotel du Vieux Marais and its partners (in particular, the online payment service provider).
- In the context of pre-contractual measures for the reservation or execution of the hotel reservation contract, the Hotel and its partners may each, for their part, receive identity data, personal and professional life data, economic and financial information for hotel reservation purposes, and complaint management.
- The Client authorizes the Hotel du Vieux Marais to communicate their personal data to third parties provided that such communication is compatible with the performance of the Hotel du Vieux Marais's operations under these general conditions.
- In particular, during online payment, the Client's bank details must be transmitted by the payment service provider to the Hotel's bank for the execution of the hotel reservation contract. However, the Client consents to this necessary transfer for the execution of their reservation. The payment service provider, as a professional, has committed to the Hotel du Vieux Marais to take all security measures and respect the confidentiality of data for such data transfers.
- The Client has the option to object, free of charge, to the use of their data for prospecting purposes, especially commercial purposes. In accordance with the French Data Protection Act of January 6, 1978, the Client also has the right to oppose for legitimate reasons, to question, access, and rectify their data by writing to contact@thegatecollection.com. The Hotel du Vieux Marais is likely to send its Customers its "newsletter" (newsletter), promotional offers, a satisfaction questionnaire following their hotel stay, by providing the Client with an unsubscription link at the bottom of each commercial prospecting email.
ARTICLE 14: EVIDENCE AGREEMENT
- Entering the required banking information, as well as accepting these general conditions and the reservation form or request, constitutes an electronic signature that has the same value between the parties as a handwritten signature.
- The computerized records kept in the computer systems of the Hotel du Vieux Marais are kept under reasonable security conditions and considered as evidence of communications, orders, and payments between the parties.
- The Client is informed that their IP address may be recorded at the time of the reservation.
ARTICLE 15: ACCOUNT / PASSWORD
The Client is responsible for maintaining the confidentiality of their passwords, login data, and account information. They will be financially responsible for all uses of the site by themselves and/or any person using their account information.
ARTICLE 16: SETTLEMENT OF DISPUTES
The contract and the general conditions of sale are governed by French law.
In the event of a dispute relating to these general conditions of sale or the performance of the contract, the Client will contact the Hotel's Customer Service.
In the event of a dispute not resolved amicably within 30 days from the date of contact with the Customer Service, the Paris District Court will have exclusive jurisdiction.
It is specified that the documents forming the contractual commitments between the parties are, in decreasing order of priority, the reservation form (including the specific conditions of the reserved rate) and these general conditions. In the event of a contradiction between the reservation form and the general conditions, the provisions appearing in the reservation form will be the only ones applicable to the obligation in question.