Article 1 – APPLICATION OF THE GENERAL CONDITIONS OF SALE
These General Terms and Conditions of Sale (GTC) are reserved for individual bookings, which are, without exclusive limitation, Individual Clients, Travel Agencies, Event Agencies, any business travel professional, natural or legal persons (hereinafter referred to as the “Client”) travelling or making a booking exclusively for tourism or for professional reasons.
The Client is aware of and accepts that the rates defined in these GTC are only applicable to individual and business clients.
In the event that the number of rooms equals or exceeds 5, the hotel reserves the right to consider these reservations as group reservations and to modify these terms and conditions. The group terms and conditions of sale will then replace these terms and conditions.
This contract is an intuitu personae contract. The Client undertakes to respect and to ensure that its intermediaries respect all the obligations incumbent on it as a result of making a reservation and of these GTC, this obligation being considered as an obligation of result.
Article 2 – DURATION
The contract shall come into effect upon receipt by the Hotel of the reservation and thus upon acceptance of these GTC. It is hereby specified that all of these conditions must be fulfilled cumulatively. The contract shall automatically terminate on the date of the last fulfilment of the obligations under the reservation and these GTC. The reservation and the GTC may under no circumstances be tacitly renewed.
Article 3 – RATES
The individual rates are applicable provided that the following conditions are cumulatively met, i.e. a maximum of four (4) rooms arriving and leaving the Hotel together with identical service for all Clients and a single invoice.
The rates indicated in euros are inclusive of all taxes, excluding tourist tax and additional departmental and/or regional tax on tourist tax (which varies according to the location of the Hotel). The rates shown on the reservation are constantly changing according to various parameters (availability, demand, etc.). The rate of the day may therefore change in relation to the rate validated at the time of reservation without affecting the rate reserved by the Client. The rate of VAT and/or any other tax applied to the rates of the reservation will be the rate in force on each billing date. The applicable rates are those in force on the day of the stay. They may be modified in the event of legislative and/or regulatory changes likely to lead to price variations such as: modification of the applicable VAT rate, introduction of new taxes, modification of an existing tax, etc.
The reservation is confirmed as soon as the customer has provided a valid credit card via the Mews website. At the end of this reservation, the customer receives via his email communicated at the time of the process of reservation, a confirmation recapitulating the selected service, the tariff, the dates of stay as well as the conditions of cancellation of those.
Article 4 – MODIFICATION OF SERVICES
The conditions of modification of the services will be subject to the general conditions of sale chosen by the Client in his booking formula (flexible conditions or non-cancellable, non-refundable, non-changeable conditions).
Any request to modify the services in relation to the initial reservation (flexible conditions) may be made either via the electronic link provided in the Customer’s confirmation e-mail or by sending a written request to the Hotel. The modification of services may result in a re-evaluation of the total amount of the stay according to the rates applied to the new dates communicated by the Customer on the day of the modification.
Any request to modify the services in relation to the initial reservation (non-cancellable, non-refundable, non-changeable conditions) will result in a penalty of 100% of the total amount of the reservation. The Hotel may, at any time, refuse the request to modify the services, without having to give reasons for this refusal.
Finally, if the number of persons indicated by the Customer at the time of reservation is greater than the number indicated on the reservation at the time of arrival, the room may not be made available. The Hotel will offer a service in accordance with the actual number of people staying in the room, subject to availability and after acceptance by the Customer of the supplement corresponding to the difference in the said reservation. In the event of non-availability or the Client’s refusal to pay the supplement, the reservation shall be deemed to apply in accordance with the terms and conditions set out therein.
Article 5 – PROVISION OF ROOMS
The reserved rooms are made available to the Client from 4 p.m. on the day of arrival. The rooms must be vacated at the latest by eleven o’clock (11:00 am) on the day of departure. Any delay beyond this time will result in the invoicing of an additional night at the posted public rate.
It is recommended that you use the “Comments” box on the booking form to advise of your estimated time of arrival, particularly if it is late.
In the event that the number of Participants exceeds the number specified on the reservation made with the Hotel, the Client may be charged an additional fee or be refused access to his/her room for safety reasons.
It is also expressly provided that the Client may not claim against the Hotel or claim damages in the event that work (including any type of renovation, maintenance, etc.) takes place, during all or part of the services, inside or outside the Hotel.
Article 6 – CANCELLATION
The present article “Cancellation” does not apply to cases of force majeure.
Any stay that has begun but is interrupted, regardless of the reason for the interruption, as well as any cancellation received by the Hotel beyond the time limits stipulated herein, shall be considered as a cancellation of the stay (no services shall be provided by the Hotel in the event of a total cancellation). In this case, the full price, including VAT, for the entire agreed stay shall be collected without any possibility of recourse by the Customer.
Invoicing shall be made on the basis of the general terms and conditions of sale accepted at the time of reservation.
Cancellations of all or part of the initial reservation must be made in writing to the Hotel.
It is advisable to cancel as soon as possible once the cause for cancellation has occurred.
Article 7 – NO SHOW
In the event of a no-show (i.e. no cancellation/change and failure to appear on the date scheduled for the start of the service), the Hotel shall charge the Customer for the first night’s stay and the services booked thereon, inclusive of VAT. The Customer undertakes to pay the sums due in the event of a no-show in accordance with the conditions defined at the time of booking or in Article 10 of these General Terms and Conditions of Sale.
Article 8 – ACCOMMODATION
In the event that the Hotel is unavailable, in the event of force majeure, technical problems at the Hotel, works or for any other reason, the Hotel shall make its best efforts to accommodate the Clients, in whole or in part, in a Hotel of an equivalent category, with all costs inherent in the transfer being borne by the Hotel (except in the event of force majeure), which shall not be entitled to claim any additional compensation.
Article 9 – CASE OF IMPREVISION AND FORCE MAJEURE
The Parties intend to benefit from all the rights arising from Article 1195 of the Civil Code, within the limits authorized by French legislation. Unforeseeability refers to all events that are unforeseeable and/or could not be reasonably foreseen at the time of the conclusion of the Contract and are beyond the control of the Parties, leading to a disruption in the general economy of the Contract and/or making its performance particularly onerous. Notwithstanding the occurrence of an event having the characteristics of unforeseeability as defined above, each of the Parties shall be bound to perform its contractual obligations as defined herein and shall be obliged, within a reasonable period of time, to negotiate new contractual terms and conditions that reasonably take into account the consequences of the event. If these new conditions have not been accepted, the Parties may jointly terminate the Contract, on the date and under the conditions that they determine. If the Parties fail to reach an agreement within a reasonable period of time, the competent court may, at the request of one of them, review the contract.
2/ Force majeure
The obligations contained herein shall not be applicable or shall be suspended if their performance has become impossible due to force majeure. The Parties agree that in the context of the present contract, force majeure means an event beyond the control of the debtor which could not be reasonably foreseen at the time of the conclusion of the reservation and the effects of which cannot be avoided by appropriate measures, preventing the performance of its obligation by the debtor and recognized as such by the French courts and/or the French government. The Parties shall use their best endeavors to prevent or reduce the effects of non-performance of the contract/quotation caused by an event of force majeure.
Article 10 – TERMS OF PAYMENT
1/ Payment terms
Flexible booking conditions: During the booking process, the Client must indicate the imprint of his/her bank card on which a validity check will be made.
If the credit card is invalid, the Customer must provide a new credit card within 24 hours. If the Customer fails to do so, the Hotel shall not confirm the reservation of rooms not guaranteed by a valid credit card and shall not guarantee the availability of the reserved rooms. The Hotel reserves the right to re-sell rooms.
The Hotel reserves the right to cancel rooms and/or related services at any time and without compensation in the event of an invalid credit card.
The Customer must pay for the reservation on the spot during his stay.
Non-cancellable, non-refundable reservation conditions: The total amount of the stay must be paid to the Hotel at the time of reservation using the credit card imprint communicated at the time of validation.
If the credit card is not valid, the Hotel will not confirm the reservation of rooms not guaranteed by a 100% payment and does not guarantee the availability of the reserved rooms. The Hotel reserves the right to put the rooms back on sale. The payment of deposits shall give rise to the issue by the Hotel of deposit invoices. They shall be issued after their receipt by the establishment. It is hereby agreed that these sums do not bear interest. Similarly, early payment shall not be eligible for a discount.
2/ Means of payment
The bank card remains the only means of payment required to guarantee a reservation.
Only bank cards (American Express, Visa, Mastercard) or holiday vouchers, or cash (within the legal limit) are accepted for the payment of invoices. Payments are made in euros, the currency in force in the country where the hotel is located. Bank charges related to the payment of invoices shall be borne by the Client. The Customer is reminded that bills of exchange and cheques from outside the country where the Hotel is located or French cheques will not be accepted as means of payment.
3/ Electronic invoicing
In the event that the Hotel and the Customer agree to use electronic invoicing, the Customer unconditionally agrees to receive invoices issued by the Hotel exclusively by electronic means, in accordance with Article 289 of the General Tax Code.
4/ Payment of extras
Payment for extras (laundry, minibar, telephone, etc.) and other services not included in the initial reservation shall be made directly by the Client at the Hotel reception desk before departure. The Client undertakes to ensure that this rule is respected. The Hotel declines all responsibility for the consequences of a delayed departure due to this payment. Upon the Customer’s arrival, the Hotel reserves the right to check the credit card imprint provided by the reservation holder. If the Client fails to pay for services requested in addition to those included in the reservation (extras, meals, etc.), the amount of the services not included may be charged to the credit card provided as a guarantee. The invoice will be sent to the Client by electronic means.
5/ Failure to pay
In the event of non-payment under the conditions defined at the time of booking, late payment penalties will be due from the day after the due date of the invoice at the rate of fifteen percent (15%) per annum, applied to the total amount of the invoice including VAT. In addition, a fixed penalty amounting to forty euros (€40) per debt shall be payable from the day after the due date of the invoice, to which shall be added an additional indemnity to cover all costs incurred in the event of contentious recovery. In addition, any incident shall render all outstanding debts owed by the Client in respect of invoices issued by the Hotel in connection with the reservation immediately payable.
Article 11 – MULTIPLE RESERVATIONS
The Client is prohibited from booking more than 5 rooms in the Hotel. This would lead to these reservations being considered as group reservations and would modify these terms and conditions of sale. Thus, the group terms and conditions of sale will replace these.
Article 12 – STAYING IN THE HOTEL
The consumption of food and drink other than that provided by the Hotel is prohibited. The Hotel may discontinue the provision of its services if the Guests interfere with the smooth running of the Hotel or if they endanger the reputation or safety of the Hotel. In the event of damage to the premises provided, the Customer shall bear all costs of repair. The Customer shall therefore ensure that he/she does not disrupt the operation of the Hotel or jeopardize the safety of the Hotel or any persons in the Hotel. The Customer undertakes to comply with all of the Hotel’s rules and regulations (in particular the ban on smoking in public areas and any health regulations required by the Hotel, the government or local authorities). In the event that the Hotel suffers damage as a result of the Customer’s actions, the Hotel may take action against the Customer to obtain compensation for the damage suffered. The general ban on smoking in the Hotel and the restaurant is applicable in all public places. In addition, the Hotel is entirely non-smoking, which means that smoking is not permitted in the rooms. The Guest agrees and undertakes to use the room reasonably. Therefore, any behavior that is contrary to public decency and public order will result in the Hotel Owner asking the Guest concerned to leave the Hotel without any compensation and/or without any refund if payment has already been made. If the Hotel has internal rules, the Customer accepts them and undertakes to comply with them. In the event that the Customer fails to comply with any of the provisions of the house rules, the Hotel Owner shall be obliged to ask the Customer to leave the establishment without any compensation and/or without any refund if payment has already been made. The Hotel offers free WIFI access to enable guests to connect to the Internet. The Customer undertakes to ensure that the computer resources made available by the Hotel shall not be used in any way for the purposes of reproduction, representation, provision 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 holders of the rights provided for in Books I and II of the Intellectual Property Code, when such authorization is required. The Customer is 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 action that undermines the effectiveness of these measures.
Article 13 – PHOTOGRAPHIC REPORTAGE – FILM SHOOTING OR REPORTAGE
The Client is personally responsible for obtaining all the authorizations that may be necessary for a photographic report or a film or reportage shoot. Prior to any filming and/or reporting and/or photographic reporting, without this list being considered exhaustive (hereinafter referred to as “Content”), the Customer must first request written permission to film or take photographs at the Hotel. Otherwise, the Hotel may refuse the photographer and/or cameraman access to the Hotel. The Customer undertakes to obtain the prior written and informed consent of each person (customers and employees) who will be filmed and/or photographed and/or whose words will be recorded during the filming and/or reporting, with a view to the reproduction, representation and possible use of the shots within the report or filming or photographic report. The Customer shall hold the Hotel harmless against any claims against the Hotel arising from the use and/or broadcasting of such reports and shall also undertake to pay all related costs. The Customer also undertakes to check before any publication/online posting of the Content that the Content does not damage the image of the Hotel, failing which the Customer may be held liable.
Article 14 – INSURANCE – DETERIORATION – BREAKING – THEFT
The Client is liable for all damages, including physical, material and immaterial damages for which he/she may be responsible and, more generally, for all damages caused to the Hotel, to the Hotel’s furniture, to the Hotel’s clients or to external clients, caused by the Client and/or by the material brought by the Client.
In this context, the Client shall be liable to the Hotel and undertakes to act on its behalf in the event of any claim by a client of the Hotel or a third party relating to the execution of the stay.
In particular, the Customer is invited to take out specific insurance in the event of the presence of large items of equipment or valuable property, insofar as the Hotel shall not be liable for any damage to or theft of such property, which remains exclusively under the Customer’s supervision and custody during the stay. As the Hotel does not assume any obligation to guard or monitor these materials/properties, the insurance of the materials and personal effects shall be the responsibility of the Client, who expressly waives any recourse against the Hotel for any damage caused to these goods in this regard, including the theft of said goods. The Hotel shall not be liable for clothing, luggage and other objects left in the rooms or in vehicles parked on the premises for which the Hotel has private use beyond what is provided for by law under Articles 1952 to 1954 of the Civil Code.
The Client is responsible for all damage caused by the intermediary and undertakes, in the event of damage to the premises made available, to bear the costs of restoring these premises. Under no circumstances shall the Hotel be held liable for damage of any kind whatsoever, in particular fire or theft, that may affect the objects or materials left by the Client during the stay that is the subject of this reservation and that remain under their exclusive supervision and custody. The Hotel does not assume any obligation to keep or monitor these materials/objects. Similarly, the Hotel declares that it has insurance covering its activity. The Hotel is covered by policies taken out by the owner of the establishment. Any parcel, package or other item delivered to the Hotel before and during the group’s stay may be received by the Hotel, but the Hotel shall in no case be liable for any incident, damage, incorrect number of parcels, damaged parcels, delivery problems, etc. In the event of a problem, the Customer undertakes to contact the supplier or carrier directly.
Article 15 – TRANSPORT
It is hereby specified that the Hotel does not, in principle, provide any services related to the transport of Clients. The Hotel shall therefore not be held responsible for any problems or consequences related to the transport of Clients (delay, cancellation, etc.).
Article 16 – INTELLECTUAL PROPERTY
The Customer undertakes not to reproduce, represent, adapt or modify, in any way whatsoever, the distinctive signs of the Hotel, in particular their trademark, trade name or logo (hereinafter, “Distinctive Signs”), without the express, written and prior authorization of the Hotel concerned, where applicable. When the Hotel authorizes the Customer to use the Distinctive Signs, the Hotel remains the owner of these intellectual property rights, and this authorization may not be interpreted as constituting a transfer of said rights to the Customer, and the Customer undertakes to do so in compliance with moral rights and within the strict limits of the project for which this authorization was granted and without creating the appearance of any affiliation with the Hotel. The Customer also undertakes to scrupulously respect the graphic charter provided by the Hotel, as well as all instructions for use. The Customer shall submit to the Hotel for approval any communication that he/she intends to make, regardless of its nature, that refers to the Hotel. If the Customer is sued by a third party for infringement of the Distinctive Signs that are the subject of this authorization for use, the Customer must inform the Hotel without delay. If the Customer fails to do so, he/she shall not be able to take any further action against the Hotel.
Article 17 – PERSONAL DATA
Each Party acknowledges that booking in the Hotel involves the collection and processing of personal data (as defined in the EU General Data Protection Regulation “GDPR”) relating to the Participants (the “Personal Data”). When Customers make a reservation, the Hotel acts as the controller of the Personal Data that Customers provide to the Hotel. This data will be processed in accordance with the GDPR. The Customer shall remain the data controller with respect to the processing of the Personal Data of the Participants that it collects and processes. Each Party guarantees the collection, processing and storage of Personal Data in accordance with the RGPD.
– In accordance with the provisions of Article 13 of the RGPD, each Party guarantees that it provides data subjects with all required information regarding the processing of Personal Data;
– In accordance with the provisions of Article 30 of the GDPR, each Party undertakes to keep a record of the processing activities under its responsibility;
– In accordance with the provisions of Articles 13, 14, 15, 16, 17 and 21 of the GDPR, each Party acknowledges that data subjects have a right of access, rectification, erasure or objection to the use of Personal Data. If it deems it necessary, each Party undertakes to communicate to the other any request it may receive directly from a data subject exercising the above-mentioned right and making express reference to the other Party;
– In accordance with the provisions of Article 5, 1°e) of the GDPR, each Party undertakes not to keep Personal Data in a form that allows the identification of the data subjects for longer than is necessary for the purposes for which the data was collected or for which it is processed ;
– In accordance with the provisions of Article 32 of the GDPR, each Party shall implement and maintain appropriate technical and organizational measures, both technical and physical, to ensure a level of security appropriate to the risk, to protect the security, confidentiality and integrity of the Personal Data, and to prevent misuse and unlawful disclosure of the same.
These measures must be designed to :
– protect against destruction, loss, unauthorized access or modification of Personal Data and other sensitive data;
– inform the employees of each Party authorized to access the Personal Data of their obligation to ensure its security.
Article 18 – RESOLUTIONARY CLAUSE
In the event of a breach by one of the Parties of the obligations relating to Articles 1, 2, 3, 6, 10 to 17 and 19 to 21, this contract shall be considered terminated as of right after sending a registered letter with acknowledgement of receipt to the Party having committed the said breach, giving notice to perform the obligation in question and remaining without effect for a period of thirty (30) days from the date of receipt of the said letter. In the event of fraud, in particular in the event of a false declaration by the Customer at the time of booking, the Hotel reserves the right to immediately terminate the contract/quotation without the Hotel being entitled to claim any compensation or damages. The exercise of this right of termination shall not release the defaulting Party from the obligation to fulfil the obligations entered into up to the date on which the termination takes effect, without prejudice to any recourse that the other Party may have. The sums paid to the Hotel shall be retained, and the sums due shall be paid.
Article 19 – MANDATE
If the Customer contracts in the name and on behalf of a third party, he/she shall be deemed to have a legally valid mandate to do so. The Customer undertakes to inform the Hotel of the name of the final Customer.
Article 20 – LIABILITY
The Customer undertakes to implement all health regulations that may be required by the Hotel, the government or the local authorities. The Customer shall not be entitled to make any claim, request for a reduction in price or request for reimbursement of expenses. The Hotel shall issue the invoice for the services provided within the contractual period. The Customer and/or the Hotel shall each be liable in accordance with common law for their failures in the performance of their obligations under this reservation, resulting from their proven fault. In no event shall the Hotel be liable for any indirect or unforeseeable damage that may result from the performance of its obligations hereunder. By express agreement between the Parties, indirect damage shall include loss of business, third-party damage, damage caused by the Customer or its partners, as well as any financial or commercial damage, loss of data, orders or customers. It is specified that in the event of work in or around the Hotel preventing the provision of the reserved services, the Hotel may cancel the reservation by registered letter with acknowledgement of receipt, without payment of any penalty or damages, provided that three (3) months’ notice is given. The photos presented on the Hotel Omnubo website are not contractual. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel presented give as accurate an idea as possible of the services offered, variations may occur, in particular due to changes in furnishings or possible renovations or changes in the sign. The Client may not make any claim as a result.
Article 21 – ETHICS AND COMPLIANCE
The Client undertakes to comply with the applicable laws and regulations against corruption, influence peddling, tax fraud laundering and related offences throughout their stay. Throughout the duration of the stay, the Client thus undertakes to respect these principles, standards and commitments.
Article 22 – CLAIMS & DISPUTES
In the event of a dispute, claim or disagreement over part of the invoice, the Client undertakes to pay the undisputed part without delay and to indicate in writing to the establishment concerned the reason for and the amount of the dispute, within seven (7) days from the date of the end of the accommodation. After this period, the service and the invoice will be considered as accepted and will not give rise to any further claim by the Client. All disputes and complaints may only be taken into account if they are made in writing and sent to the Hotel within a maximum of seven (7) days after the end of the stay. After having referred the matter to the customer service department in an attempt to resolve the dispute amicably, and in the event of a negative response or absence of a response within sixty (60) days from the date of referral, each Customer may refer the matter to the Tourism and Travel Ombudsman, whose contact details and referral procedures are available on his website: www.mtv.travel.
Article 23 – APPLICABLE LAW AND JURISDICTION
The applicable law is French law. In the event of a dispute, and in the absence of an amicable agreement, the competent courts shall be those of the location of the registered office of the company operating the Hotel concerned.
Article 24 – ASSIGNMENT OF THE CONTRACT
The Customer may not, under any circumstances, transfer this Agreement, whether free of charge or for consideration, without the prior express written consent of the Hotel.
Article 25 – PARTIAL NULLITY
The nullity of one or more articles of these General Terms and Conditions of Sale shall not entail the nullity of all of them. All the other stipulations of the present General Terms and Conditions of Sale shall remain applicable and shall produce all their effects.
Article 26 – ELECTION OF DOMICILE
All written communications between the Parties (letters, notifications, etc.) shall be sent for the Hotel to its address and for the Customer to the address indicated in the reservation.