ARTICLE 1 – THE SCOPE OF THE TERMS
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of hotel room reservation services and ancillary services (’the Services’) offered by the Hotel (’the Service Provider’ or the " Hotel") to consumers and non-professional clients (’Clients or the Customer’) on the Hotel’s website.
The main characteristics of the Services are presented on the Hotel’s website. The Customer is required to read it before making any reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Client declares :
The contact details of the Hotel :
Hôtel Particulier La Chamoiserie
10, rue de l’Espingole
79 000 NIORT
https://www.hotelparticulierniort.com/english/
These conditions apply to the exclusion of all other conditions, and in particular those applicable to any other marketing channels for the Services. The Customer is informed that the Hotel enters into partnership agreements with third-party travel providers in order to allow him, by using the Services offered by these partners on their website, to search, select and reserve rooms in the hotel. Any reservation of hotel rooms made under these conditions implies consultation and complete and unreserved acceptance by the Customer of the special conditions of the service provider, the conditions of sale of the reserved rate and these General Conditions of Sale. The Client declares having obtained from the Hotel all the necessary information available on the website.
These General Conditions of Sale are accessible at any time on the Hotel’s website and will prevail, where applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Customer.
Thus, the entry of banking information, the acceptance of the General Conditions of Sale, the Conditions of Sale of the rate or the Reservation Request, has the same value between the Hotel and the Customer as a handwritten signature on paper. The computerized Records kept in the Hotel’s computer systems will be kept under reasonable security conditions and considered as proof of communication, order and payment between the Hotel and the Customer.
The hotel guarantees the preservation of the contract’s conclusion statement in electronic or paper form for a maximum period of 5 years.
The customer is notified that their IP address is recorded at the time of booking.
In accordance with the Data Protection Act of January 6, 1978, the Customer has the right, at any time, to access, rectify, and object to all of their personal data by writing by mail and providing proof of their identity to :
Hôtel Particulier La Chamoiserie
10, rue de l’Espingole
79 000 NIORT.
These General Terms and Conditions of Sale must, in this respect, be supplemented by the Personal Data Charter, which includes all the legal notices required by the applicable texts.
The Customer declares having read these General Terms and Conditions of Sale (including the Personal Data Charter) and having accepted them by ticking the box provided for this purpose before implementing the online booking procedure as well as the General Terms of Use of the hotel’s website.
The validation of the booking of Services by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to the Customer’s purchase is the one in force on the hotel’s website at the time of booking.
These General Terms and Conditions of Sale are applicable for the duration of the services offered by the Hotel on its website.
The Hotel reserves the right to temporarily or permanently close access to its website.
ARTICLE 2 – RESERVATION
The Customer selects the services they wish to reserve on the website, according to the following steps :
Selection of the room type and rate
Choice of cancellation and modification conditions for the reservation
Selection of any additional services if applicable
Verification and validation of the reservation details, total amount, and rate conditions
Providing contact information
Entering credit card details for guarantee or prepayment
Reviewing and accepting the general terms and conditions of sale and the selected rate conditions prior to confirming the reservation
Confirming the reservation
The Customer acknowledges having read the nature, destination, and reservation terms of the services offered by the Hotel and having requested and obtained the necessary information to make an informed reservation. They are solely responsible for their choice of services and their suitability to their needs, thus the Hotel cannot be held liable in this regard.
The Customer agrees to provide the requested information on the reservation form and attests to the truthfulness and accuracy of the information provided.
Contractual information is presented in French and is confirmed at the latest at the time of reservation validation by the Customer.
For reservations made exclusively online, the recording of a reservation on the Provider’s website occurs when the Customer accepts these General Terms and Conditions of Sale by ticking the designated box and confirms the reservation.
This validation implies the acceptance of the entirety of these General Terms and Conditions of Sale and constitutes evidence of the sales contract.
The customer also acknowledges and accepts the personal data charter by ticking the designated box. Therefore, it is the Customer’s responsibility to verify the accuracy of the reservation and immediately report any errors.
The sale of Services will only be considered final after the Provider sends the Customer confirmation of reservation acceptance by email and after the Provider has received full payment, if the selected service is non-cancellable and non-refundable.
Any reservation made on the Hotel’s website constitutes the formation of a distance contract between the Customer and the Provider.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute regarding payment of a previous reservation or an invalid credit card.
Each reservation is personal and cannot be transferred to a third party under any circumstances.
Unless expressly stated otherwise, the room will be available to the Customer on the day of arrival at 2:00 PM, and the Customer will vacate the room on the day of departure at 12:00 PM. Otherwise, an additional night will be charged to the Customer.
The Customer must verify their departure date. In case of early departure, charges equivalent to one night will be applied unless the Customer notifies the Hotel at least 24 hours before their departure.
ARTICLE 3- CANCELLATION OF A RESERVATION
Cancellation of a reservation at the Flexible rate :
In the event of cancellation of the reservation at the Flexible rate by the Customer after its acceptance by the Hotel less than 24 hours before the scheduled stay date, for any reason whatsoever, an amount corresponding to the total amount of the 1st night will be automatically due to the Provider and invoiced to the Customer, as damages, in compensation for the damage suffered.
Cancellation / Modification of a reservation at the Non-Cancellable Non-Refundable rate :
In the event of cancellation or modification of the reservation at the Non-Cancellable Non-Refundable rate by the Customer, for any reason whatsoever, an amount corresponding to 100% of the total prepaid amount will be automatically due to the Provider and invoiced to the Customer. The same applies in the event of the Customer’s failure to show up on the scheduled arrival date.
ARTICLE 4 – PRICES
The services offered by the Provider are provided at the rates in effect on the Hotel’s website at the time of reservation registration by the Provider. Prices are stated in Euros, exclusive of tax (HT) and inclusive of all taxes (TTC).
The rates take into account any discounts granted by the Provider under the conditions specified on the Hotel’s website.
These rates are firm and non-revisable during their validity period, as indicated on the Hotel’s website, with the Provider reserving the right, outside this validity period, to modify prices at any time.
The rates are indicated before and during the reservation made by the Customer. They are per room, per night, for the number of persons and the selected date.
The rates are confirmed to the Customer in TTC amount (excluding local taxes) in the Hotel’s commercial currency. They include VAT at the applicable rate on the day of booking ; any change in the applicable VAT rate will automatically be reflected in the rates indicated on the date of invoicing. The same applies to any modification or introduction of new legal or regulatory taxes imposed by the competent Authorities.
The rates do not include the tourist tax payable directly to the Hotel. The Customer undertakes to pay these various taxes without dispute to the Hotel.
The payment requested from the Customer corresponds to the total amount of the purchase, excluding this tax.
Unless otherwise stated on the Website, additional services (breakfast, etc.) are not included in the price.
The conversion into foreign currency is given for indicative purposes and is not contractual. If a rate implies 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 differ from that communicated at the time of reservation, considering 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 – PAYMENT TERMS
In case of payment in cash on the day of reservation (Non-Cancellable Non-Refundable rate) :
The price is payable in cash, in full on the day of reservation confirmation by the Customer, according to the terms specified in the "Reservations" article above, by secure payment method :
– by credit cards : Visa, MasterCard, American Express, other cards like E-card.
At the time of reservation, the Customer provides their banking details specifying the name of the credit card, the credit card number, the expiration date (the credit card must be valid until the end of the stay), and the CVV.
Payment data is exchanged in encrypted mode using the SSL protocol.
The Customer will present at the Hotel with the credit card used to make the reservation payment. They may be asked to present an identity document as part of the procedures to prevent credit card fraud.
The Provider will not be required to provide the Services ordered by the Customer if the price has not been previously paid in full under the conditions indicated above.
Payments made by the Customer will be considered final only after effective collection of the amounts due by the Provider.
In case of payment in cash upon provision of services (Flexible rate) :
The price is payable in cash, in full on the day of provision of the reserved Services under the conditions defined in the "Provision of Services" article below and as indicated on the invoice given to the Customer, by secure payment method :
– by credit cards : Visa, MasterCard, American Express, other blue cards (E-card).
Payment data is exchanged in encrypted mode using the SSL protocol.
The Hotel will ask the Customer, upon their arrival, to settle the entire bill.
The Customer may be asked to present an identity document as part of the procedures to prevent credit card fraud.
The Provider will not be required to provide the Services ordered by the Customer if the price has not been previously paid in full under the conditions indicated above.
Payments made by the Customer will be considered final only after effective collection of the amounts due by the Provider.
ARTICLE 6 – SUPPLIES OF SERVICES
The services reserved by the Customer, which include hotel room reservations and additional services, will be provided according to the following terms, under the conditions set forth in these General Terms and Conditions of Sale supplemented by the Sales Conditions of the Rate which the Customer has read and accepted when making their reservation on the Hotel’s website.
Upon arrival, the Customer will be asked to present their identification to ensure their obligation to complete a Police Record.
The Hotel is a completely non-smoking area inside the hotel buildings and including the rooms. The customer will be held responsible for direct and/or indirect damages resulting from smoking in the Hotel. Consequently, they will be liable for the full amount of the cleaning and restoration costs of the damaged or smoked element or space.
Pets, when kept on a leash or in a cage in the common areas of the establishment, may be accepted according to the Hotel’s current policy upon payment of a supplement. For hygiene reasons, pets are not allowed in the dining areas.
The Customer’s personal effects left in the Hotel room, especially outside the safe or in the Hotel’s public areas, are entirely their responsibility.
The Hotel cannot be held responsible for the loss, theft, damage, or destruction of said effects, nor for thefts, damage, and injuries to the customer’s vehicle parked in the Hotel’s parking lot.
The customer accepts and undertakes to use the room through respectful behavior towards the property and the room made available to them, as well as towards the staff and other customers of the Hotel. 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. If no payment has yet been made, the customer must pay for the nights consumed before leaving the establishment.
The Customer will be held responsible for the full amount of direct and/or indirect damages, including consequential damages, of which they are the author, found in the reserved room or that they may cause within the Hotel. Consequently, they undertake to indemnify the Hotel for the amount of said damages, without prejudice to any damages, legal fees, and attorney fees incurred by the Hotel.
A free WIFI access allowing customers to connect to the internet will be offered according to the Hotel’s current Policy. The customer undertakes that the computer resources made available to them by the hotel are not used in any way for visits to sites of a pedopornographic or terrorist nature, nor for the reproduction, representation, provision, or communication to the public of works or objects protected by copyright or neighboring rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code when such authorization is required. If the customer fails to comply with the above obligations, they may be accused of an offense. 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 illicit use of computer resources and to refrain from any act that may undermine the effectiveness of these measures.
ARTICLE 7 - CLAIMS
The Provider undertakes to use its best efforts to provide the Services reserved by the Customer, within the framework of an obligation of means.
The Customer shall have a period of 8 days from the date of departure from the Hotel to make, in writing, any reservations or complaints regarding the provision of the Services, along with all relevant supporting documents, to the Hotel.
In the absence of reservations or complaints expressly made within this period by the Customer upon receipt of the Services, they will be deemed to be in conformity with the reservation, in terms of quantity and quality.
However, in the event of a dispute between the Provider and the customer, both parties will endeavor to find an amicable solution.
In the absence of an amicable agreement, the customer has the option to refer the matter free of charge to the consumer mediator to which the provider belongs as a professional, namely the Association of European Mediators (AME CONSO), within one year from the date of the written complaint addressed to the consumer professional.
The referral to the consumer mediator must be made :
In the event of exceptional circumstances, force majeure, or impossibility of making the reserved room available to the Customer, the Hotel reserves the right to fully or partially accommodate the Customer in a hotel of equivalent category, for services of the same nature and subject to the prior agreement of the Customer.
ARTICLE 8 – RIGHT TO RETRACT
In accordance with Article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in Article L 221-18 of the Consumer Code, given the nature of the services provided.
The contract is therefore concluded definitively upon the booking being made by the Customer according to the terms specified in these General Terms and Conditions of Sale.
ARTICLE 9 – PROVIDER’S LIABILITY - WARRANTY
The Provider guarantees, in accordance with legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect arising from a defect in the provision of the Services reserved and actually paid for under the conditions and according to the terms defined in these General Terms and Conditions of Sale.
The Services provided through the Hotel’s website comply with the regulations in force in France. The Provider’s liability cannot be engaged in case of non-compliance with the legislation of the country in which the Services are provided, which it is the Customer’s sole responsibility, who is solely responsible for choosing the requested Services, to verify.
ARTICLE 10 – DATA PROTECTION AND LEGAL MENTIONS
This right can be exercised under the conditions and according to the modalities defined on the Hotel’s website.
The personal data protection policy can be consulted in the Personal Data Protection Charter available on the Hotel’s Website in the Legal Notice section.
ARTICLE 11 – INTELLECTUAL PROPERTY
The content of the Hotel’s website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 12 – UNFORESEEN CIRCUMSTANCES
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all operations of Services from the Provider to the Customer. The Provider and the Customer therefore each waive the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided for therein, undertaking to fulfill their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the sale, even if their performance would be excessively onerous, and to bear all the economic and financial consequences thereof.
ARTICLE 13 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Article 14 : MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, the Personal Data Protection Charter, the Sales Conditions of the rate reserved by the Customer, the Reservation Request, the Reservation Confirmation by the Customer, constitute the entire agreement between the parties within the limits of its purpose. They replace and cancel, accordingly, within these limits, any verbal or written agreement that would be prior to them.
No tolerance, whatever its nature, scope, duration, or frequency, may be considered as creating any right and may not lead to any limitation whatsoever of the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction.
Any clause of these General Terms and Conditions of Sale which is declared null or unlawful by a competent judge would be deprived of effect, but its nullity shall not affect the other provisions, nor affect the validity of the General Terms and Conditions of Sale as a whole or their legal effects.
ARTICLE 15 – APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the operations resulting therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 16 – DISPUTES
All disputes to which the purchase and sale transactions concluded in accordance with these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences, and consequences, which could not be resolved between the Hotel and the Customer, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may in any case resort to conventional mediation, as indicated above in Article 7 with the Association of European Mediators (AME CONSO) https://www.mediationconso-ame.com/, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 17 – PRE-CONTRACTUAL INFORMATION - ACCEPTANCE BY THE CUSTOMER
The Customer acknowledges having had communication, by accessing the hotel’s website, prior to placing his/her reservation and concluding the contract, in a readable and understandable manner, of these General Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information :
The fact for a natural person (or legal entity), to reserve on the Hotel’s website implies full and complete adherence to these General Terms and Conditions of Sale and obligation to pay for the ordered Services, which is expressly acknowledged by the Customer, who waives, in particular, to invoke any contradictory document, which would be unenforceable against the Provider.
Le fait pour une personne physique (ou morale), de réserver sur le site Internet de l’Hôtel emporte adhésion et acceptation pleine et entière des présentes Conditions Générales de Vente et obligation au paiement des Services commandés, ce qui est expressément reconnu par le Client, qui renonce, notamment, à se prévaloir de tout document contradictoire, qui serait inopposable au Prestataire.