PREAMBLE
The present general terms and conditions of sale (hereinafter referred to as the ‘General Terms and Conditions’) define the contractual relations between any non-professional user (hereinafter referred to as the ‘Customer’) of the Hotel Vendôme (hereinafter referred to as the ‘Hotel’) and its website www.hotel-vendome-nice. com (hereinafter the ‘Site’), operated by the company HOTEL VENDÔME, SAS, registered in the Trade and Companies Register under number 958 804 908 00019, whose registered office is at 26 Rue Pastorelli, 06000 Nice, with intra-community VAT number FR16958804908 (hereinafter the ‘Service Provider’), from the time of reservation until the departure of the Guest from the Hotel, as well as the conditions applicable to any reservation made through the reservation services of the Hotel’s Website.
The Service Provider reserves the right to modify all or part of the General Terms and Conditions at any time. In this case, the new version of the General Terms and Conditions will be available on the Website with its effective date. The applicable conditions will be those in force on the date the Customer’s reservation is confirmed.
The Customer declares that he/she has read the General Terms and Conditions, which must be accepted prior to the validation of any reservation. Any validated reservation implies the express and complete acceptance of the General Terms and Conditions and the waiver of the right to invoke one’s own terms and conditions of purchase or other conditions. When the reservation is made on the Hotel Website, the Customer declares that they have read the General Terms and Conditions and accepted them by ticking the box provided for this purpose before confirming the reservation.
The Customer has the option to save and print these general terms and conditions using the standard features of their browser or computer.
SCOPE OF APPLICATION
The General Terms and Conditions apply to any reservation made directly with the Service Provider or via the Internet using the reservation services on the Hotel Website.
The Client declares that he/she is acting for personal purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity and has full legal capacity to commit to these General Terms and Conditions.
The Client declares that they are responsible for the use of the Hotel Website’s booking site, both in their own name and on behalf of third parties, in particular minors. In this respect, the Client guarantees the truthfulness and accuracy of the information provided, both by themselves and by any minors in their care when making the booking.
Fraudulent use of the Hotel’s reservation services or use that contravenes the General Terms and Conditions may result in refusal of access to the services offered and may give rise to prosecution before the competent courts.
CONCLUSION OF THE CONTRACT
The contract is deemed to be formed as soon as a reservation number has been attributed by the Service Provider to the Client, and communicated at the time of the confirmation of the reservation, and this by any means of communication (telephone, email, post, etc.).
RESERVATION
The Client chooses services from among those offered by the Service Provider and presented on the Hotel Website according to his needs.
The Client acknowledges having read the nature, purpose and booking methods of the services available on the Hotel’s Website and having requested and obtained the necessary and/or additional information to make their booking in full knowledge of the facts.
The Client is solely responsible for their choice of services and their suitability for their needs, such that the Service Provider cannot be held liable in this respect.
The reservation is deemed accepted by the Customer at the end of the reservation process.
RESERVATION PROCEDURES
Reservations for services offered by the Hotel can be made by telephone at the following number: +33 (0) 4 93 62 00 77, by email or online via the Hotel Website contact@hotel-vendome-nice.com.
A written confirmation of the reservation will be sent to the Customer as soon as possible, and at the latest within eight (8) days following the reservation, by any means of communication.
This confirmation will include the essential elements of the reservation, such as the type of room reserved, the number of nights, the price and the expected date of availability, as well as any other service that the Customer may have included in their reservation request.
All minors must be accompanied by an adult in each room.
PROOF OF THE TRANSACTION
It is expressly agreed that, unless there is an obvious error proven by the Client, the data stored in the Service Provider’s information system, on computer or electronic media, shall be considered conclusive evidence with regard to the bookings made by the Client. Consequently, this data may be produced as evidence in any litigation or other proceedings, and shall be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same probative force as any document that is drawn up, received or kept in writing.
PRICES
The prices relating to the reservation are indicated before and at the time of reservation.
The amount to be paid by the Customer includes the price of the stay (unit price of the room selected by the Customer multiplied by the number of nights) plus the options chosen at the time of booking (unit price multiplied by the quantity ordered), where applicable. Unless otherwise stated on the Website, options (breakfast) that are not offered at the time of booking are not included in the price.
Prices are quoted inclusive of all taxes (including VAT) in euros and are only valid for the date or period indicated on the Website.
The tourist tax, indicated for each rate, is to be paid directly on site at the Hotel unless otherwise specified at the time of booking.
Any modification or introduction of new government or local taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.
For reservations made online on the Hotel’s Website, the Customer has a choice of several rates:
a preferential rate for a non-changeable and non-refundable booking;
a flexible rate for a changeable and refundable booking, for which the conditions of change and refund are specified.
The Service Provider reserves the right to modify the prices shown in brochures and other commercial media, as well as the prices displayed in establishments, at any time and without prior notice. These modifications will not apply to bookings previously accepted by the Service Provider.
PAYMENT METHODS
When making the reservation, the Customer must provide the authentication details of their bank card in order to validate the reservation. Failing this, the reservation will be automatically cancelled.
The Hotel may also ask the Customer to present proof of identity for the purposes of preventing bank card fraud.
For the preferential rate with prepayment: the total price of the reservation is debited at the time of booking, to the bank card provided by the Customer. The Customer expressly acknowledges that this is a prepayment and that his card will be debited before his stay. The reservation validated by the Customer will only be considered effective after approval by the relevant bank payment centres. In the event of refusal by the said centres, the reservation will be automatically cancelled. Payment must be made with one of the bank cards indicated on the Site, via a secure web page. The Customer’s bank card details will be encrypted with SSL (Secured Socket Layer) protocol up to 128 bits. The Customer’s bank card details can never pass over the Internet without being encrypted.
For the flexible rate: no prepayment is required at the time of booking. The Customer’s credit card number is required to validate the reservation but the Customer’s credit card will not be charged. Payment for the reservation must be made to the Service Provider, directly at the Hotel upon the Customer’s departure.
For rates not prepaid online: The Hotel may ask the Customer, upon arrival, for a security deposit or authorisation to debit the credit card to guarantee payment of the sums corresponding to the services consumed on site.
Payment of extras: any extras (bar, telephone, etc.) that are not explicitly included in the rates will be payable directly on site at the end of the stay. Failing this, the Customer expressly authorises the Service Provider to debit the bank card left as a guarantee for the payment of the extras.
Please note that we will pre-authorise an amount of one euro on your payment card at the time of booking.
7 days before your arrival, a new pre-authorisation equivalent to the amount of the first night will be made on your payment card, for all types of pricing conditions (excluding non-refundable rates).
MODIFICATION OF THE RESERVATION
This provision does not apply to bookings made at the preferential rate.
Changes at the request of the Customer: booking changes may be made free of charge, subject to availability. Any additional costs incurred by changes requested by the Customer will be invoiced additionally.
Modification at the request of the Service Provider: in the event of unavailability of the reserved rooms due to unforeseeable circumstances, the Service Provider undertakes to relocate the Client, at no extra charge, to a hotel of at least equivalent standing. The transfer costs associated with this relocation will be borne by the Service Provider.
TERMS OF CANCELLATION OF THE RESERVATION
The Client is reminded that, in accordance with Article L. 121-20-4 of the French Consumer Code, he or she does not have the right of withdrawal provided for in Article L. 121-20 of the French Consumer Code.
Bookings made at the preferential rate cannot be cancelled by the Client.
For other bookings, any cancellation must be sent by email with the booking number.
For bookings made on the Hotel Website, the Customer may cancel his booking by clicking on the link at the end of his confirmation email and following the instructions displayed on his screen.
If the reservation involves reservation fees, these will not be refundable. The amount of the fees charged to the Customer in the event of cancellation of their reservation are indicated at the time of reservation.
In the event of cancellation, if the Customer has paid online for all or part of the reservation, this amount will be refunded after deduction of the cancellation fees.
It is advisable to cancel as soon as possible once the reason for the cancellation has arisen.
For the calculation of cancellation periods, it is agreed to use the ‘expected arrival date’ as the day of the first planned night at midday (12:00), local time.
Cancellation by the Client for a one-night stay: this cancellation must be made no later than one (1) day before the scheduled date of arrival. For any cancellation made less than one (1) day before the scheduled date of arrival or in the event of a no-show at the Hotel, the total amount of the reservation will be invoiced, excluding extras.
Cancellation by the Client for a stay of more than one night: this cancellation must be made no later than one (1) day before the scheduled date of arrival. For any cancellation made less than one (1) day before the scheduled date of arrival or in the event of a no-show at the Hotel, the first night will be invoiced, excluding extras.
Cancellation by the Service Provider: in the event of cancellation by the Service Provider, no fee will be charged to the Client.
STAY AT THE HOTEL
The reception is open 24 hours a day.
Unless expressly stated otherwise, the Client may arrive at the Hotel from 2 p.m. on the first day of their reservation and must leave the room before 11 a.m. on the day their reservation ends. Otherwise, they will be charged for an additional night.
The Client accepts and undertakes to use the room and the common areas made available to him with due diligence. Any behaviour contrary to the principles of safety and/or hygiene, morality and/or public order may lead the Service Provider to ask the Client to leave the Hotel without any compensation and/or without any refund if a payment has already been made.
Any damage caused by the Client in the reserved room may be invoiced directly to him/her. Penalties equal to a maximum of the price of the reserved room may be applied if the Client does not respect the no-smoking sign in his/her room, when this is displayed.
The Client also undertakes that the computer resources made available to him/her by the Hotel (in particular the WiFi network) will not be used in any way for the 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 authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code when such authorisation is required.
COMMITMENTS AND RESPONSIBILITY OF THE CLIENT
The Client is solely responsible for the information provided when creating his/her account and/or making any reservation. The Service Provider cannot be held responsible in the event of erroneous or fraudulent information provided by the Client. Furthermore, the Client alone is responsible for the use of his or her account and any bookings made, both in his or her personal name and on behalf of third parties, including minors, unless fraudulent use resulting from no fault or negligence on his or her part can be demonstrated. In this respect, the Service Provider must be immediately notified of any misappropriation or fraudulent use of his or her e-mail address.
The Client undertakes to use the Hotel Website and the services offered therein in compliance with the applicable regulations and these General Terms and Conditions. In the event of a breach by the Client of his/her obligations under these General Terms and Conditions, the Client shall be liable for any damage caused by him/her to the Hotel, the Service Provider or third parties. As such, the Client undertakes to indemnify the Service Provider against all claims, actions or recourse of any nature that may result and to compensate it for any related damages, costs or indemnities.
In particular, the Client undertakes, by making a definitive reservation, to pay the price and to respect the particular conditions relating thereto, if any.
Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the order at the Client’s expense, without prejudice to any civil or criminal action against the Client.
LIABILITY OF THE PROVIDER
In the online booking process, the Service Provider is bound by an obligation of means. It cannot be held liable for damage resulting from the use of the internet such as data loss, hacking, viruses, disruption of service, etc. Hypertext links may lead to websites other than the Hotel Website, which disclaims all liability for the content of these websites and the services offered. The decision to consult third-party websites is therefore the Customer’s sole responsibility.
The photographs presented on the Hotel Website are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel provide as accurate an overview as possible of the services offered, variations may occur, particularly due to changes in furniture or possible renovations. The Client may not make any claims in this regard.
In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements composing the offers on the Hotel’s Website is strictly prohibited.
The Service Provider shall not be liable for any indirect damage resulting therefrom, in particular due to a third party, the Client or the Hotel’s partners.
PERSONAL DATA
The Client acknowledges and accepts that the Hotel, as data controller, collects and processes the personal data necessary for the purposes of managing reservations and clients, for invoicing and payment purposes and to conduct its commercial activities and satisfaction surveys. The data is intended for the Hotel and its service providers.
On each personal data collection form, the Client is informed of the mandatory or optional nature of the responses and information by the presence of an asterisk.
The processing of information communicated through the Hotel’s Website meets the legal requirements for the protection of personal data, with the information system used ensuring optimal protection of this data.
In accordance with current national and European regulations, the Customer has the right to access, rectify and delete personal data concerning him/her and may object to the processing of his/her data. To exercise these rights, the Customer must contact the Hotel, by post or email, using the following details:
Hôtel Vendôme
26 Rue Pastorelli
06000 Nice – France
Email: contact@hotel-vendome-nice.com
Website: www.hotel-vendome-nice.com
The Customer is also informed of his right, in accordance with Article L.223-2 of the Consumer Code, to register on the telephone canvassing opposition list at the time of providing his telephone details.
COOKIES
The Site uses cookies. A cookie is a computer file stored on the hard drive of the Customer’s computer. Its purpose is to record the Customer’s previous visit to the Hotel’s Site. Cookies are only used by the Service Provider to customise the service offered to the Customer.
Customers can refuse cookies by configuring their web browser. However, they will then lose the option to customise the service provided to them by the Service Provider via the Website.
INTELLECTUAL PROPERTY
The Service Provider holds all intellectual property rights relating to the Website.
The elements accessible on the Site, in particular in the form of texts, photographs, images, icons, sounds, videos, software and databases, are also protected by intellectual and industrial property rights and other proprietary rights held by the Service Provider.
Unless expressly agreed in writing in advance by the Service Provider, it is expressly prohibited to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, any of the elements present on the Site, or to distribute a simple or hypertext link.
ENTIRE AGREEMENT
These General Terms and Conditions, the terms and conditions of sale of the rate reserved by the Customer and the booking confirmation express the entirety of the obligations of the parties and constitute confirmation of the contract including all the information provided for in Article L. 221-5 of the Consumer Code within the meaning of Article L. 221-13 of the Consumer Code.
The documents forming the contractual commitments between the parties are, in descending order of priority, the booking confirmation, including the special conditions of the reserved rate, which has been validated by the Customer, and these General Terms and Conditions.
In the event of any contradiction between the booking confirmation and the General Terms and Conditions, the provisions appearing on the booking confirmation validated by the Customer will be the only ones applicable for the obligation in question.
FORCE MAJEURE
The Service Provider, the Hotel and the Client cannot be held responsible in the event of non-fulfilment of their obligations resulting from an event of force majeure, as defined in Article 1218 of the Civil Code.
It is expressly agreed that force majeure suspends, for the parties, the fulfilment of their reciprocal obligations.
Each party shall bear the burden of all costs incumbent upon it and resulting from the case of force majeure.
COMPLAINTS
Any complaint relating to a reservation must be sent by the Customer by registered letter with acknowledgement of receipt to the following Hotel address, at the latest within fifteen (15) days following the last night, under penalty of foreclosure:
JURISDICTION
These General Terms and Conditions and the contractual relationship between the Service Provider and the Client are subject to French law.
ALL DISPUTES TO WHICH PURCHASE AND SALE TRANSACTIONS CONCLUDED IN APPLICATION OF THESE GENERAL TERMS AND CONDITIONS MAY GIVE RISE CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR CONSEQUENCES AND WHICH COULD NOT HAVE BEEN RESOLVED BETWEEN THE SERVICE PROVIDER AND THE CLIENT WILL BE SUBMITTED TO THE COMPETENT COURTS IN ACCORDANCE WITH THE CONDITIONS OF COMMON LAW.
However, the Client undertakes to seek an amicable solution before any legal action.
The Client is informed that he may in any case have recourse to conventional mediation, in particular with the Tourism and Travel Mediator, whose contact details are as follows:
MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex
Email: info@mtv.travel
For more information on the Tourism and Travel Mediator, the Customer can consult its website: www.mtv.travel.
The Customer is informed that he or she can go to the European Online Dispute Resolution (ODR) platform for disputes between consumers and professionals: https://ec.europa.eu/consumers/odr/main/index.cfm.
PRE-CONTRACTUAL INFORMATION
The Client acknowledges having been provided, prior to the confirmation of his/her reservation, on the Hotel’s Website, in a legible and comprehensible manner, and on a durable medium, with these General Terms and Conditions and all the pre-contractual information provided for in Articles L. 221-5 and L. 221-11 of the Consumer Code, and in particular:
the essential characteristics of the services, taking into account the communication medium used and the service concerned;
the price of the service and its associated costs;
in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to perform the service;
information relating to the identity of the Service Provider, its postal, telephone and electronic contact details and its activities, insofar as they are not apparent from the context;
information relating to legal guarantees and the procedures for implementing them;
the functionalities of the digital content and, where applicable, its interoperability;
the possibility of resorting to conventional mediation in the event of a dispute;
the non-applicability of the right of withdrawal.
information, where applicable, on the costs of using the remote communication technique, the existence of codes of conduct, any deposits and guarantees, the terms of cancellation, the methods of dispute settlement and other contractual conditions.
