General conditions of sale
Preambule
These general terms and conditions of sale (hereinafter, the “General Terms”) define the contractual relationship between any non-professional user (hereinafter, the “Client”) of Hôtel des Lacs (hereinafter, the “Hotel”) and its website www.hotel-viry-chatillon.com (hereinafter, the “Site”), operated by the company Hôtel des Lacs, registered with the Viry-Chatillon Trade and Companies Register under number 80829016700010, with its registered office at 19, rue Octave Longuet 91170 Viry-Chatillon, and with VAT number FR 08 808 290 167 (hereinafter, the “Provider”), from the reservation until the Client’s departure from the Hotel, as well as the terms applicable to any reservation made through the Hotel’s booking services on the Site.
The Provider reserves the right to modify, in whole or in part, the General Terms at any time. In such a case, the new version of the General Terms will be made available on the Site with its effective date. The terms applicable will be those in force on the date the Client confirms the reservation.
The Client declares having read the General Terms, whose prior acceptance is mandatory before confirming any reservation. Any confirmed reservation implies the express and full acceptance of the General Terms and the waiver of the right to rely on the Client’s own purchasing conditions or any other terms. When a reservation is made on the Hotel’s Site, the Client declares having read the General Terms and accepted them by checking the designated box before confirming the reservation.
The Client has the option to save and print these General Terms using the standard features of their browser or computer.
1 - Scope of application
The General Terms and Conditions apply to all reservations made directly with the Service Provider or online via the Hotel Website’s reservation services.
The General Terms and Conditions apply to all services offered by the Hotel.
Registration of the reservation and the sending of the confirmation constitute proof of the transaction and acceptance of the operations carried out.
2 - Capacity
The Customer declares that they are acting for personal purposes that are outside their commercial, industrial, craft, professional, or agricultural activities and that they have full legal capacity to enter into these General Terms and Conditions.
The Customer declares that they are responsible for the use of the Hotel’s booking site, both in their own name and on behalf of third parties, particularly minors. In this regard, the Customer guarantees the truthfulness and accuracy of the information provided, both by themselves and by any minors in their care, at the time of booking.
Fraudulent use of the Hotel’s booking services or use that violates the General Terms and Conditions may result in the refusal of access to the services offered and may give rise to prosecution before the competent courts.
3 - Formation of the contract
The contract is deemed to be formed as soon as a reservation number has been allocated by the Service Provider to the Client, and communicated upon confirmation of the reservation, by any means of communication (telephone, email, mail, etc.).
4 - Reservation
The Customer selects services from those offered by the Service Provider and presented on the Hotel Website according to their needs.
The Customer acknowledges having read the nature, purpose, and booking terms of the services available on the Hotel Website and having requested and obtained the necessary and/or additional information to make their reservation with full knowledge of the facts.
The Customer is solely responsible for their choice of services and their suitability for their needs; the Service Provider cannot be held liable in this regard.
The reservation is deemed accepted by the Customer at the end of the booking process.
La réservation est réputée acceptée par le Client à l’issue du processus de réservation.
5 - Reservation method
Reservations for the services offered by the Hotel can be made by telephone at the following number: +33(0)1 69 44 21 21, by email or online via the Hotel’s website, or by mail addressed to: Hôtel des lacs, Rue Octave-Longuet
F-91170 Viry-Châtillon.
Written confirmation of the reservation will be sent to the Guest as soon as possible, and no later than eight (8) days following the reservation, by any means of communication.
This confirmation will include the essential details of the reservation, such as the type of room reserved, the number of nights, the price, and the expected availability date, as well as any other services that the Guest may have included in their reservation request.
6 - Proof of transaction
It is expressly agreed that, unless proven otherwise, the data stored in the Provider’s information system, whether electronic or computer, shall have probative force regarding the reservations 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 would be established, received or stored in writing.
7 - The price
The prices relating to the reservation are indicated before and at the time of booking.
The amount payable 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 during the booking process (unit price multiplied by the quantity ordered), if applicable. Unless otherwise stated on the Website, options (breakfast) not offered at the time of booking are not included in the price.
Prices are indicated inclusive of all taxes (VAT), in euros, and are only valid for the date or period indicated on the Website.
The tourist tax, indicated for each rate, is payable directly to the Hotel on site unless otherwise specified at the time of booking.
Any changes or introduction of new government or local taxes imposed by the relevant authorities will be automatically reflected in the prices indicated on the billing date.
For reservations made online on the Hotel’s Website, the Customer has a choice of several rates:
– a preferential rate for a non-modifiable and non-refundable reservation;
– a flexible rate for a modifiable and refundable reservation, the modification and refund conditions for which are specified.
The Service Provider reserves the right to modify at any time and without notice the prices appearing in brochures and other marketing materials, as well as the prices displayed in the establishments. These modifications will not apply to reservations previously accepted by the Service Provider.
8 - Payment terms
When booking, the Guest must provide their credit card details to validate the reservation. Failure to provide credit card details will result in the reservation being automatically canceled.
The Hotel may also ask the Guest to provide proof of identity to prevent credit card fraud.
– for the preferential rate with prepayment: the total price of the reservation is debited upon reservation, from 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 agreement from the relevant bank payment centers. In the event of refusal by said centers, the reservation will be automatically canceled. Payment must be made with one of the bank cards indicated on the Site, through a secure internet 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 transit 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 confirm 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 request a security deposit or authorization to debit the Customer’s credit card upon arrival to guarantee payment for the services consumed on-site.
– Payment for extras: Any extras (bar, telephone, etc.) not explicitly included in the rates will be payable directly on-site at the end of the stay. Otherwise, the Customer expressly authorizes the Service Provider to debit the credit card left as security for the payment of extras.
9 - Modification of the reservation
When making a reservation, the Client must provide their credit card authentication details in order to confirm the booking. Failing to do so will result in the automatic cancellation of the reservation.
The Hotel may also request that the Client present an identity document for the purpose of preventing credit card fraud.
– For the prepaid preferential rate: the total price of the reservation is charged at the time of booking to the credit card provided by the Client. The Client expressly acknowledges that this is a prepayment and that their card will be debited before their stay. A reservation confirmed by the Client will only be considered effective after approval by the relevant banking payment centers. In case of refusal by these centers, the reservation will be automatically cancelled. Payment must be made using one of the credit cards indicated on the Site, through a secure web page. The Client’s credit card details will be encrypted using SSL (Secure Socket Layer) protocol up to 128 bits. The Client’s credit card information can never be transmitted over the Internet without encryption.
– For the flexible rate: no prepayment is required at the time of booking. The Client’s credit card number is necessary to confirm the reservation, but the card will not be charged. Payment for the reservation must be made directly to the Provider at the Hotel upon the Client’s departure.
– For non-prepaid rates booked online: the Hotel may request, upon arrival, a security deposit or an authorization to charge the credit card to guarantee payment for services consumed on site.
– Payment for extras: any additional services (bar, telephone, etc.) not explicitly included in the rates will be payable directly on site at the end of the stay. Failing payment, the Client expressly authorizes the Provider to charge the credit card left as a guarantee for payment of the extras.
10 - Reservation cancellation terms
The Client is reminded that, in accordance with Article L. 221-28 of the French Consumer Code, they do not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code.
Reservations made at the preferential rate cannot be cancelled by the Client.
For other reservations, any cancellation must be sent by email with the reservation number.
For reservations made on the Hotel’s Site, the Client can cancel their reservation by clicking on the link at the end of their confirmation email and following the instructions displayed on their screen.
If the reservation includes booking fees, these will not be refundable. The amount of fees charged to the Client in case of cancellation is indicated at the time of booking.
In case of cancellation, if the Client has paid all or part of the reservation online, this amount will be refunded after deduction of the cancellation fees.
It is advised to cancel as soon as possible once the reason for cancellation occurs.
For the computation of cancellation deadlines, the “Scheduled Arrival Date” is considered to be the day of the first planned night at noon (12:00 PM), local time.
– Cancellation by the Client for a one-night stay: this cancellation must occur at least one (1) day before the scheduled arrival date. For any cancellation less than one (1) day before the scheduled arrival date, or in case of no-show at the Hotel, the total amount of the reservation will be charged, excluding extras (except in cases of force majeure).
– Cancellation by the Client for a stay longer than one night: this cancellation must occur at least one (1) day before the scheduled arrival date. For any cancellation less than one (1) day before the scheduled arrival date, or in case of no-show at the Hotel, at least the first night will be charged, potentially up to the total amount of the reservation depending on the Provider’s ability to rebook the initially reserved services, excluding extras (except in cases of force majeure).
– Cancellation by the Provider: In case of the professional’s failure to deliver the good or provide the service on the agreed date or within the deadline provided in the first paragraph of Article L. 216-1, or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgment of receipt or by another durable written medium if, after having requested the professional to deliver or provide the service within a reasonable additional period, the professional has not complied. The contract is considered terminated upon receipt by the professional of the letter or written notice informing them of this termination, unless the professional has performed in the meantime. When the contract is terminated under the conditions of Article L. 216-2, the professional reimburses the consumer for all amounts paid, no later than fourteen days after the date on which the contract was terminated. Furthermore, in case of unavailability of the reserved rooms due to a fortuitous event, the Provider undertakes to relocate the Client, at no extra cost, to a hotel of at least equivalent standard. Transfer costs related to this relocation will be borne by the Provider.
11 - Hotel stay
The Client is reminded that, in accordance with Article L. 221-28 of the French Consumer Code, they do not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code.
Reservations made at the preferential rate cannot be cancelled by the Client.
For other reservations, any cancellation must be sent by email including the reservation number.
For reservations made on the Hotel’s website, the Client may cancel their reservation by clicking on the link at the end of the confirmation email and following the instructions displayed on their screen.
If the reservation includes booking fees, these will not be refundable. The amount of fees charged to the Client in case of cancellation is indicated at the time of booking.
In the event of cancellation, if the Client has paid all or part of the reservation online, this amount will be refunded after deduction of the cancellation fees.
It is advised to cancel as soon as possible once the reason for cancellation occurs.
For the calculation of cancellation deadlines, the “Scheduled Arrival Date” is considered to be the day of the first planned night at noon (12:00 PM), local time.
Cancellation by the Client for a one-night stay: this cancellation must occur at least one (1) day before the scheduled arrival date. For any cancellation less than one (1) day before the scheduled arrival date, or in case of no-show at the Hotel, the total amount of the reservation will be charged, excluding extras (except in cases of force majeure).
– Cancellation by the Client for a stay longer than one night: this cancellation must occur at least one (1) day before the scheduled arrival date. For any cancellation less than one (1) day before the scheduled arrival date, or in case of no-show at the Hotel, at least the first night will be charged, potentially up to the total amount of the reservation depending on the Provider’s ability to rebook the initially reserved services, excluding extras (except in cases of force majeure).
– Cancellation by the Provider: In the event of the professional’s failure to deliver the good or provide the service on the agreed date or within the period provided in the first paragraph of Article L. 216-1, or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgment of receipt or by another durable written medium if, after having requested the professional to deliver or provide the service within a reasonable additional period, the professional has not complied. The contract is considered terminated upon receipt by the professional of the letter or written notice informing them of this termination, unless the professional has performed in the meantime. When the contract is terminated under the conditions of Article L. 216-2, the professional reimburses the consumer for all amounts paid, no later than fourteen days following the date on which the contract was terminated. Furthermore, in the event of unavailability of the reserved rooms due to a fortuitous event, the Provider undertakes to relocate the Client, at no extra cost, to a hotel of at least equivalent standard. Any transfer costs related to this relocation will be borne by the Provider.
12 - Customer commitment and responsibility
The Client is solely responsible for the information provided when creating their account and/or making any reservation. The Provider cannot be held liable in the event of incorrect or fraudulent information provided by the Client. Furthermore, the Client alone is responsible for the use of their account and any reservations made, whether on their own behalf or on behalf of third parties, including minors, unless it can be shown that a fraudulent use occurred without any fault or negligence on their part. In this regard, the Provider must be immediately notified of any misuse or fraudulent use of the Client’s email address.
The Client agrees to use the Hotel’s Site and the services offered therein in compliance with applicable regulations and these General Terms. In case of the Client’s breach of their obligations under these General Terms, the Client is responsible for any damage caused to the Hotel, the Provider, or third parties. Accordingly, the Client agrees to indemnify the Provider against all claims, actions, or legal proceedings of any kind that may result from such breach and to compensate for any related damages, costs, or fees.
In particular, the Client undertakes, by making a confirmed reservation, to pay the price and to comply with any specific conditions related to it, if applicable.
Any reservation or payment that is irregular, invalid, incomplete, or fraudulent due to 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 them.
13 - Responsibility of the service provider
During the online booking process, the Service Provider is bound by an obligation of means. It cannot be held liable for any damages resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruptions, etc. Hyperlinks may lead to sites other than the Hotel Website, which disclaims all liability for the content of these sites and the services offered. The decision to consult third-party websites is therefore the sole responsibility of the Customer.
While every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Hotel provide as accurate a view as possible of the services offered, variations may occur, particularly due to changes in furniture or possible renovations.
In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements comprising the offers presented on the Hotel Website is strictly prohibited.
The Provider shall not incur any liability for any indirect damages resulting from this, in particular those caused by a third party, the Client or the Hotel’s partners.
14 - Personal data
The Guest acknowledges and accepts that the Hotel, as data controller, collects and processes personal data necessary for the purposes of managing reservations and guests, for billing and payment purposes, and to conduct its sales campaigns and satisfaction surveys. The data is intended for the Hotel and its service providers.
The Guest is informed, on each personal data collection form, whether the responses and information provided are mandatory or optional by the presence of an asterisk.
The processing of information communicated via the Hotel’s Website complies with legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data.
The Guest has, in accordance with applicable national and European regulations, the right to access, rectify, and delete their personal data and may object to the processing of their data. To exercise these rights, the Customer must contact the Hotel, by mail or email, at the following address:
Hôtel des lacs Rue Octave-Longuet – F-91170 Viry-Châtillons
Email: hoteldeslacs-viry@orange.fr
www.hotel-viry-chatillon.com
The Customer is also informed of their right, pursuant to Article L.223-2 of the French Consumer Code, to register on the opt-out list for telephone canvassing when their telephone contact information is collected. (Information regarding this system is available at www.bloctel.gouv.fr)
15 - Cookies
The Website uses cookies. A cookie is a computer file stored on the Guest’s hard drive. Its purpose is to record a previous visit by the Guest to the Hotel Website. Cookies are only used by the Service Provider to personalize the service offered to the Guest.
The Guest retains the option to refuse cookies by configuring their internet browser. They then lose the ability to personalize the service provided by the Service Provider via the Website.
16 - Intellectual property
Regarding the use of the Hotel Website, the Provider holds all intellectual property rights relating to the Website.
The elements accessible on the Website, including text, photographs, images, icons, audio, videos, software, and databases, are also protected by intellectual and industrial property rights and other proprietary rights held by the Provider.
Unless expressly agreed in writing by the Provider, it is expressly prohibited to reproduce, exploit, distribute, or use for any purpose whatsoever, even partially, elements present on the Website, or to distribute a simple or hyperlink.
17 - Entire contract
These General Terms and Conditions, the terms of sale for the rate reserved by the Customer, and the booking confirmation express the entirety of the parties’ obligations and constitute confirmation of the contract, including all the information provided for in Article L. 221-5 of the French Consumer Code within the meaning of Article L. 221-13 of the French Consumer Code.
The documents constituting the contractual commitments between the parties are, in descending order of priority, the booking confirmation, including the specific conditions of the reserved rate, which have been validated by the Customer, and these General Terms and Conditions.
In the event of a contradiction between the booking confirmation and the General Terms and Conditions, the provisions contained in the booking confirmation validated by the Customer shall be the only ones applicable to the obligation in question.
18 - Force majeure
The Service Provider, the Hotel, and the Client shall not be held liable for failure to perform their obligations resulting from force majeure, as defined in Article 1218 of the French Civil Code.
It is expressly agreed that force majeure suspends the performance of the parties’ mutual obligations.
Each party shall bear all costs incurred by it resulting from the force majeure event.
19 - Complaint
Any complaint regarding a reservation must be sent by the Customer by registered mail with acknowledgment of receipt to the following Hotel address:
Hôtel des lacs
19 rue Octave-Longuet
F-91170 Viry-Châtillon
The consumer may bring a claim before either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where they resided at the time the contract was entered into or the harmful event occurred.
20 - Attribution of juridiction
These General Terms and Conditions and the contractual relationship between the Service Provider and the Client are subject to French law.
All disputes arising from the purchase and sale transactions concluded pursuant to these General Terms and Conditions, regarding their validity, interpretation, performance, termination, consequences, and follow-up, which cannot be resolved between the Service Provider and the Client, shall be submitted to the competent courts under the conditions of common law.
The Client, however, undertakes to seek an amicable solution before taking any legal action.
The Customer is informed that they may, in any event, resort to conventional mediation, in particular with the Tourism and Travel Mediator, whose contact details are as follows:
MTV Tourism and Travel Mediator
BP 80 303
75823 Paris Cedex
Email: info@mtv.travel
For more information on the Tourism and Travel Mediator, the Customer may visit their website: www.mtv.travel.
The Customer is informed that they may visit the European platform for Online Dispute Resolution (ODR) between consumers and professionals by clicking here.
21 - Pre-contractual information
The Customer acknowledges having received, prior to confirming their reservation, on the Hotel’s Website, in a legible and understandable manner, and on a durable medium, these General Terms and Conditions and all the pre-contractual information provided for in Articles L. 221-5 and L. 221-11 of the French 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 execution of the contract, the date or period by which the Service Provider undertakes to perform the service
– information relating to the Provider’s identity, postal, telephone, and electronic contact details, and activities, to the extent that they are not apparent from the context
– information relating to legal guarantees and their implementation procedures
– 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 inapplicability of the right of withdrawal
– information relating, where applicable, to the costs of using the remote communication technique, the existence of codes of conduct, where applicable, to deposits and guarantees, termination procedures, dispute resolution methods, and other contractual conditions.