
Individual leisure customers
Terms and Conditions
Hôtel Abbaye, a subsidiary of Noctis Event, is a société par actions simplifiée (simplified joint stock company), registered in the Paris Trade and Companies Register under number 347 579 419, with its registered office at 38 Avenue des Champs Elysées, 75008 Paris.
Paris Society, a subsidiary of Ennismore, is a simplified joint stock company (Société par actions simplifiée) registered in the Paris Trade and Companies Register under number 433 855 103. Its registered office is at 38 Avenue des Champs Elysées 75008 Paris.
Ennismore Holdings Limited is a limited liability company, registered in the United Kingdom under number 13348771, with its registered office at 10 Hammersmith Grove, London, United Kingdom, W6 7AP ("Ennismore").
Ennismore is a subsidiary of ACCOR S.A. ACCOR S.A. is a société anonyme, registered in the Nanterre Trade and Companies Register under number 602 036 444, whose registered office is located at 82 Rue Henri Farman CS20077 - 92445 Issy-les-Moulineaux - France and whose intercommunity VAT number is FR 93 602 036 444 ("ACCOR").
ACCOR is registered in the register of travel agents and other holiday operators under number IM091100035 whose guarantor is: WHITE ROCK INSURANCE (Europe) PCC Limited Vision Exchange Building - Triq it-Territorjals, Zone 1, Central Business District - Birkirkara CBD1070 - MALTA and whose insurer is: CHUBB - 31 place des Corolles - 92400 Courbevoie - France.
Ennismore operates the soparis.com website for hotel reservations and other complementary services (the "Site").
Contact us at https://group.accor.com/en/contact-us or by telephone on +33 (0)1 45 38 86 00.
Please note that any message sent via the site may be redirected and that its confidentiality cannot be guaranteed until it reaches us.
1. Preamble
- The purpose of these general terms and conditions (the " Conditions ") is to define the conditions under which Ennismore allows its customers (the " Customer ( s)") to benefit from all of the services, in particular reservation services, available on this Site and described in greater detail below (together, the " Services ").
- Prior to any reservation of a Service on the Site, the Customer declares (i) that he/she is acting for personal purposes and not in the context of a commercial activity and (ii) that he/she has full legal capacity to enter into commitments under these Conditions.
- The Customer is invited to carefully read the present Conditions, which must be accepted before booking any Service offered on the Site.
- Ennismore reserves the right to modify or supplement, at any time, all or part of these Terms. In this case, the new version of the Conditions will be available on the Site with the date of entry into force. The Customer is advised to consult the Conditions regularly in order to take note of any modifications. In any event, the Customer will only be bound by the version of the Conditions in force at the time the Customer books the Service.
- The Customer assumes sole responsibility for paying, where applicable, all technical means necessary to access the Site.
2. Description Of Services
2.1 Services
Ennismore offers:
- hotel or other accommodation reservation services ("accommodation services"); and
- services complementary to said hosting services (the "Complementary Services"),
on its Site.
The Hosting Services and Additional Services are hereinafter jointly referred to as the "Ennismore Services".
2.2 Hosting services
- The Site allows you to book rooms in hotels or other types of accommodation operated under the "Abbaye des Vaux de Cernay" brand.
- The essential characteristics, dates of availability, price, options offered, terms of payment and special conditions of sale applicable to the selected rate (guarantee policies, cancellation conditions, arrival time, member rate conditions, etc.) of the proposed Establishments are presented during the reservation process as described in clause 3 below.
- In this respect, it should be noted that each Establishment has its own special conditions applicable to the selected rate, also available on the Site (the " Special Conditions "), which are brought to the Customer's attention prior to any reservation on the Site. These include, for example, arrival and departure times, guarantee policy, cancellation period, Wi-Fi access, specific conditions applicable to children, and whether or not pets (with the exception of service animals) are allowed in the establishment.
- Finally, in accordance with the regulations in force in certain countries, the Customer may be asked to complete a police form on arrival at the Site. To do so, the Customer will be asked to show proof of identity in order to verify whether or not he/she is required to complete the police form.
2.4 Additional services
The Site also enables the booking of Complementary Services, such as breakfast, a bottle of champagne upon the Customer's arrival or the upgrade of Lodging Services, a treatment (defined as a service offered by an Establishment, which may be a body or facial treatment, a scrub, a massage or any other treatment offered in the Establishment's catalog and subject to the Special Conditions defined by the Establishment).
Complementary Services also refer to travel services within the meaning of Article 3.1 of Directive (EU) 2015/2302 of November 25, 2015 on package travel and related travel services, likely to form with the Accommodation Services either a "related travel service" or a "tourist package" according to the criteria specified by the said Directive.
2.4 Partner services
Ennismore enters into partnership and distribution agreements with third party websites (the " Partners ") in order to enable the Customer to search, select and book rooms in the Establishments of the various brands distributed by Ennismore on the Partner's website (the " Partner Services ").
The general terms and conditions of sale applicable to these Partner Services are available on the Partner's website.
For the purposes of these Terms and Conditions, the term "Partners" includes ACCOR and its subsidiaries.
3. Booking Ennismore Services
3.1 Booking Ennismore services
The reservation of Ennismore Services can be made by the Customer on the Site.
The reservation process varies according to the route and the Customer's request; it includes the following steps:
- Step 1: Enter the search criteria for a destination, an establishment and, if applicable, one or more additional services.
- Step 2: Results and selection of a Site and, if applicable, one or more Complementary Services.
- Step 3: details and characteristics of the selected Service(s), including in the case of an Accommodation Service: the characteristics of the Accommodation (room type, room size, TV, minibar, etc.), the length of stay, the options offered (e.g. breakfast, Wi-Fi access, etc.), the total price of the booking including details of applicable taxes, the legal information form in the case of a travel service or related tourist package, and any applicable Special Conditions (guarantee policies, etc.).), the total price of the reservation including details of applicable taxes, the legal information form in the case of a travel service or related tourist package, and any applicable Special Conditions (guarantee policies, cancellation policy, check-in time, etc.).
- Step 4: a summary of the Service booking with:
(a) a statement of the main characteristics (length of stay, characteristics of the Accommodation Service and/or Complementary Service(s), amount incl. VAT) and,
(b) the Customer's contact details: either by identification through an existing account, or by filling in all the mandatory fields (indicated by an asterisk) with the possibility of saving this information by creating a member account on the Site or joining the loyalty program offered by Ennismore or its Partners (as the case may be). - Step 5: the finalization of the reservation of the Service by the Customer with:
(i) the provision of payment information, either in the case of partial or total prepayment of the reservation before the stay, or in the case of a request for a reservation guarantee for the Accommodation Service and:
(ii) the consultation and acceptance of the General Conditions and Special Conditions relating to the reservation before its validation by the Customer. - Step 6: Acceptance of the reservation of the Service(s) by Ennismore and the Establishment concerned.
- Step 7: An e-mail confirming the reservation of the Service(s) is sent to the Customer, summarizing the Service(s) reserved, the price(s), the Special Conditions accepted by the Customer, the date of the reservation, information concerning after-sales service and access to the Conditions, and the address of the Establishment to which the Customer may submit any complaints.
A reservation is considered to have been made as soon as the customer clicks on the "Finalize your reservation" page:
- in the case of a prepaid booking, on the "Pay" button; or
- in the case of a reservation to be paid for on the premises, click on the "Confirm" button.
3.2 Booking partner services
Bookings made by the Customer via the Partner Services are made on each Partner's website and mobile services.
Bookings are made directly between the Customer and the Partners, following the steps set out on the Partners' website and mobile services.
4. Price and Payment
4.1 Prices
- Prices related to the reservation of Services are indicated before, during and after the reservation.
- For accommodation services, prices are per room for the number of people and date selected.
- When the reservation of a Service is confirmed, the total price is indicated to the Customer in the Establishment's commercial currency (which may in some cases be different from the Establishment's local currency) and is valid only for the period indicated on the Site.
- If payment of the total price of the booked Service is made to the Establishment in a currency other than that confirmed on the booking, exchange charges are payable by the Customer. Please note that if a conversion of the currency confirmed on the reservation into another currency appears on the Site, it is given for information purposes only and is not contractual, particularly in view of possible changes in exchange rates between the reservation date and the dates of stay at the Establishment.
- Unless otherwise indicated on the Site, options (e.g. breakfast, half board, full board, etc.) that are not offered when booking the Service are not included in the price.
- The tourist tax, presented during the reservation process, is to be paid directly on site at the Establishment, except in the case of online prepayment before the stay, when the amount may be included.
- Prices take into account taxes applicable on the day of booking, and any change in applicable taxes will automatically be reflected in the price indicated on the invoice date.
- Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the price indicated on the invoice date.
- Certain promotional offers are available only on the Site and are sold exclusively on the Internet, and are in no case available at the Establishment.
4.3 Payment
- The customer communicates his payment information either:
- to prepay the reservation before the stay; or
- as a reservation guarantee,
by entering directly, in the field provided for this purpose (entry secured by SSL encryption) when a payment card is involved: the payment card number, with no spaces between the digits, its date of validity (please note that the bank card used must be valid at the time of the stay) and the security code in the case of prepayment on the payment platforms mentioned below.
- Ennismore has chosen OGONE/Ingenico Payment Services (i.e. Payment Service Provider)/CyberSource/Adyen/Stripe/Banque Casino/Silkpay/ShareGroop/AsiaPay/First Data to secure online credit card payments. The Customer's payment card is examined for validity by these partners and may be refused for several reasons: stolen or blocked card, limit reached, input error, etc. In the event of a problem, the Customer should contact his bank and the Establishment or any other entity to confirm his reservation of the Service and the method of payment.
- The online payment methods (cards, wallets, etc.) available and mentioned on the Site's payment page may be Visa and Mastercard, American Express, JCC, Diners, China UnionPay, Post Finance, ELO, Bancontact, Sofort, iDeal, Przelewy24, PayPal, Alipay, WeChat, ShareGroop, and Banque Casino. This list is subject to change.
- In the case of payment to the Establishment or any other entity, each Establishment or any other entity may accept different means of payment, but the Customer must present to the Establishment the payment card he/she used to guarantee the reservation or make the prepayment.
- The Establishment may also ask the Customer to show proof of identity in order to prevent payment card fraud.
- If the Customer has not prepaid his/her stay online, the Establishment may, upon arrival, ask the Customer for a deposit or a debit authorization from the payment card to guarantee payment of the sums corresponding to the services consumed on site.
- Members of the ACCOR loyalty program can use their points to book all or part of an eligible Ennismore Service on the Site according to the conditions described in the loyalty program.
- If the Customer fails to show up on the first day of his/her reservation for an Accommodation Service ("no show"), the Customer's reservation will be cancelled in its entirety. The Customer is informed that in this case, the Establishment will put its rooms up for sale, and if the reservation is non-cancellable/non-exchangeable/non-refundable, the Customer will not be entitled to any refund or indemnity. If the reservation is guaranteed by payment card or had been the subject of a bank pre-authorization, the Establishment will charge the Customer for the cost of the first night on the payment card that was given as a guarantee for the reservation and the additional nights of the reservation will be cancelled without charge, unless otherwise specified in the Special Conditions.
- At the time of prepayment, the amount debited at the time of reservation of the Service includes the total amount indicated at the time of reservation (including all taxes) and, where applicable, the price of the options selected by the Customer, as described in clause 4.1 above.
- An invoice will be sent in electronic format to the e-mail address communicated by the Customer at the time of booking; if the Customer wishes to receive an invoice in paper format, he/she must expressly request this from the Establishment concerned.
5. Cancellation or Modification of a Service Reservation
- For Accommodation Services (reservation of rooms in an Establishment or other types of accommodation), the Customer is reminded that he/she does not have the right of withdrawal provided for in article L. 221-18 of the French Consumer Code, and this in accordance with article L. 221-28 paragraph 12 of the French Consumer Code, which excludes this right for contracts relating to the provision of accommodation services which must be supplied on a specific date or for a specific period.
- For each reservation of a Service, the Special Conditions specify the conditions for cancellation and/or modification of the reservation.
- Reservations with prepayment cannot be modified and/or cancelled. The deposit (sums paid in advance) will not be reimbursed. This is indicated in the Special Conditions.
- Where the Special Conditions so permit:
(a) cancellation of a reservation for a Service may be made directly on the Site in the "Consult or cancel your reservation" section; and
(b) modification of a reservation for a Service may be made directly with the Establishment, whose contact details, including telephone number, are specified on the reservation confirmation e-mail. - If a service is interrupted due to the customer's fault, the full agreed price will be invoiced. No refunds will be made for bookings made in advance of the stay.
- In the case of an Accommodation Service, unless otherwise expressly stipulated in the Special Conditions, the Customer must leave the Establishment's room before the time indicated by the Establishment, generally 12 noon on the last day of the reservation. Failure to do so will result in the Customer being billed for an additional night.
6. Customer's obligations and liability
- The Customer is solely responsible for his choice of Services on the Site and their suitability to his needs, so that Ennismore cannot be held liable in this respect.
- The Customer is also solely responsible for the information provided when creating an account and/or booking a Service. Ennismore cannot be held responsible for any erroneous or fraudulent information provided by the Customer. Furthermore, the Customer alone is responsible for the use of his/her account and any reservations made, both on behalf of the Customer and on behalf of third parties, including minors, unless fraudulent use resulting from no fault or negligence on the part of said Customer can be demonstrated. In this respect, the Customer must immediately inform Ennismore of any hacking or fraudulent use of its e-mail address by contacting its customer service department, whose contact details are given in article 9.
- The Customer undertakes to use the Site and the Services offered therein in compliance with the applicable regulations and the present Conditions. In the event of a breach of the Customer's obligations under these Conditions, the Customer shall be liable for damages caused by the Customer to Ennismore or to third parties. In this respect, the Customer undertakes to indemnify Ennismore against all claims, actions or recourse of any nature whatsoever that may arise, and to compensate Ennismore for all damages, costs or any indemnity relating thereto.
- In accordance with article L.223-2 of the French Consumer Code, you have the right to register on the Bloctel telephone anti-solicitation list. Registration is free, and helps protect you against unsolicited commercial telephone calls. To register, visit the official website www.bloctel.gouv.fr or contact the Bloctel service by telephone. Please note that this registration does not prohibit calls from our company concerning the execution of your contract or in the case of prior agreement on your part.
- In particular, the Customer undertakes to definitively reserve a Service, to pay the price and to comply with the relevant Special Conditions. Indeed:
- any irregular, inefficient, incomplete or fraudulent booking or payment for any reason attributable to the Customer will result in the cancellation of the Service booking at the Customer's expense, without prejudice to any action Ennismore may take against the Customer;
- the Customer shall refrain from inviting into the Establishment any person whose behavior is likely to disrupt the Establishment and/or the stay of other Customers;
- the Customer must not bring into the Establishment (common areas and/or rooms) food or drink from outside sources, unless clearly authorized in advance by the Establishment in question;
- Customers may not smoke in public areas, and may only smoke in rooms that have been classified as smoking rooms and reserved in advance as such. Some Establishments are 100% non-smoking, which means that smoking is also prohibited within the Establishment, including in the rooms.
- the Customer must not disrupt or interfere with the operation of the Premises, including its personnel, or compromise the safety of the Premises or persons therein.
- more generally, any behavior contrary to morality and public order in the Premises, as well as any violation of the Premises' Internal Regulations, will lead the Manager of the Premises and/or any other service provider to ask the Customer to leave the premises without any compensation and/or reimbursement if payment has already been made. If no payment has yet been made, the Customer must pay the price of the Services consumed before leaving the premises;
- all minors must be accompanied by an adult in possession of personal identification; this adult may be any person with parental authorization (the Establishment may be able to request proof of parental authorization); and
- the Customer also undertakes to ensure that the IT resources made available by the Site (including the Wi-Fi network) are not used under any circumstances to reproduce, represent, make available or communicate to the public works or objects protected by copyright or related intellectual property rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the rightful owners provided for in Books I and II of the French Intellectual Property Code, where such authorization is required. The Customer is also required to comply with the security policy of the Establishment's Internet service provider, in particular the guidelines relating to the security measures implemented to prevent the illicit use of resources, and to refrain from any act that undermines the effectiveness of these measures.
- The Customer will be responsible for all damage caused by him and/or his guests within the Premises and will bear all costs arising from such damage and/or failure to comply with the above rules. Ennismore reserves the right to intervene if necessary and to take any appropriate action against the Customer.
7. Ennismore's Obligations and Liability
- Ennismore undertakes, within the framework of an obligation of means, to provide access to the Site and the Services offered in accordance with the Conditions, to act with diligence and competence, and to make every effort, within reasonable limits, to remedy any malfunction brought to its attention.
- Ennismore may, however, temporarily suspend the Site without notice, in particular for technical maintenance reasons, without incurring any liability.
- The Customer acknowledges and agrees that Ennismore's liability does not extend to any inconvenience or damage resulting from the use of the Internet network, including, but not limited to:
(a) the improper transmission and/or reception of any data and/or information over the Internet network;
(b) the failure of any receiving equipment or communication lines; and
(c) any malfunction of the Internet network preventing the proper functioning of the Site and/or booking the Services. - The Site may redirect users to links to other websites published and managed by third parties, for which Ennismore declines all responsibility as to the content of these websites and the services offered therein. In this respect, it is expressly pointed out that partners are responsible for promoting the offers published on their own websites. The decision to consult third-party sites is therefore the sole responsibility of the Customer.
- Ennismore acts as an intermediary between each of the Establishments and the Customer, which the Customer expressly acknowledges and accepts. As such, Ennismore has a mandate concerning the negotiation, training and marketing of Ennismore Services in the Establishments. It is specified that the Establishments are operated by legal entities separate from Ennismore.
- The Customer acknowledges and accepts that in the event of a dispute and/or complaint relating to a stay at an Establishment or the reservation of an Ennismore Service, the Customer undertakes to contact exclusively the operating company of the Establishment concerned and that, in this respect, the Customer may in no case seek the liability of Ennismore or a company of the Ennismore group for failings attributable to the Establishment. Information concerning the Establishment is available (i) in the reservation confirmation e-mail and (ii) on the Establishment's page on the Site.
8. Force Majeure and Relocation
- Neither Party shall be liable to the other Party in the event of non-performance of its obligations resulting from an Event of Force Majeure. It is expressly agreed that an Event of Force Majeure suspends performance of the Parties' mutual obligations, and that each Party shall bear the costs arising therefrom.
- If a Force Majeure Event lasts for more than thirty (30) days after its occurrence, these Conditions may be terminated by either Party without either Party being entitled to claim damages. In the event of
a Force Majeure, an exceptional event or the impossibility of carrying out the Service, and in particular of making the room at the Establishment available to the Customer, the Establishment may reserve the right to accommodate the Customer, in whole or in part, in an Establishment of equivalent category, or to carry out a Service of the same nature, subject to the prior agreement of the Customer. Reasonable costs relating to the transfer (additional cost of rooms, transport and a telephone call) between the two Establishments will be borne by the Establishment concerned in accordance with the Establishment's existing standard procedure.
9. Contact, Customer Service and Complaints
- Customer Service is at your disposal to deal with any complaint relating to a Site Service.
You can reach us at the following address:
Domaine de l'Abbaye des Vaux de Cernay
78720 Cernay-la-ville
- In order to facilitate the processing of complaints, it is recommended that complaints concerning the non-performance or improper performance of Services should be sent in writing to Customer Services within eight (8) days of the date on which the Service was performed.
- When dealing with the customer service department, the Customer undertakes to remain courteous and to refrain from using derogatory language, in particular with regard to Ennismore, the Establishments, the entities of its group or its employees or collaborators, in accordance with the rules of common sense and politeness. Ennismore reserves the right to take all appropriate measures against the Customer in the event of prejudicial or reprehensible behavior (particularly unfortunate, malicious or insulting) towards Ennismore, the Establishments, the entities of its group or its employees or collaborators.
10. Privacy and Personal Data Protection
- When the Customer uses the Site, in particular when making a reservation, Ennismore and the entities of the Ennismore Group process personal data as described in the "Ennismore Group Privacy Policy" - see here.
- The information collected in connection with the Customer's reservation is therefore intended for Ennismore , its entities (including ACCOR and its group entities), its partners, its service providers (in particular online payment service providers) and the Establishments for the purposes of carrying out the reservation or taking pre-contractual measures. Once the safeguards required by the applicable regulations have been put in place, the Customer's data may be transferred from Europe to countries that do not provide an equivalent level of data protection from the point of view of the United Kingdom and the European Union.
- In particular, in order to secure payment transactions, Ennismore Group entities process personal data in order to determine the level of fraud risk associated with each transaction. On this occasion, Ennismore and the Establishments may call on the Ennismore group's risk prevention service provider to refine their analysis. Depending on the results of the investigations carried out, the Ennismore group may take security measures, in particular by asking the Customer to use another reservation channel or another payment method. The effect of these measures will be to suspend the execution of the reservation or, if the result of the analysis does not guarantee the security of the order, to cancel it. Fraudulent use of a means of payment leading to a payment default may result in the Customer being registered in the Ennismore Group's incident file, which may lead the Ennismore Group to block future payments or to carry out additional checks.
- The Customer may at any time exercise his rights under the regulations on the protection of personal data. All the necessary information is provided in the "Ennismore Group Privacy Policy".
11. Miscellaneous
- Entry of the required bank details and acceptance of these Terms and Conditions and the Special Terms and Conditions by electronic means constitute an electronic contract between the Parties, which acts as proof between the Parties of the reservation of the Service and of the payment of the sums due on completion of the said reservation.
- The Conditions and the applicable Special Conditions constitute the entirety of the obligations of the Parties. No other conditions communicated by the Customer may be incorporated herein.
- In the event of contradiction between the Special Conditions and the Conditions, the Special Conditions shall be the only ones applicable to the obligation in question. In the event of contradiction between, on the one hand, a Partner's General Terms and Conditions of any kind whatsoever and the present Terms and Conditions, on the other hand, the stipulations of the present Terms and Conditions shall be the only ones applicable to the obligation in question.
- If one or more stipulations of these Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or following a decision of a competent court that has become final, the other stipulations will retain all their force and scope.
- The authentic language is English. If the Conditions are translated into a foreign language, the English language will prevail over any other translation in case of dispute, litigation, difficulty of interpretation or in the execution of the present conditions and, more generally, in the relations between the Parties.
- The Customer acknowledges and agrees that Ennismore may assign these Terms and all rights and obligations hereunder to any third party without the Customer's prior written consent. The Customer agrees that such assignment releases Ennismore for future acts. The Customer may not assign the Terms or any rights or obligations hereunder to any third party without the prior written consent of Ennismore.
12. Applicable law
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
The choice of applicable law does not deprive the Customer of the protections afforded by the law of the Customer's country of residence.
13. Dispute Resolution
- In the event of a negative response or no response within sixty (60) days from the date of referral, the Customer may contact the Médiateur du Tourisme et des Voyages - BP 80303 - 75823 Paris Cedex 17 for hotels that are subsidiaries and managed by the Ennismore group and for Ennismore franchised hotels that have decided to use the services of the Médiateur du Tourisme et des Voyages.
- The procedure for contacting the Mediation officer and his contact details are available by clicking on the following link I would like to contact a mediator following a dispute during my stay that has not been resolved amicably. (accor.com) on the Reservations tab in the Help and Support section, or on the www.mtv.travel website.
- Referral to the Ombudsman may be made within twelve (12) months of the first complaint.
- The Mediation officer's referral form can be accessed via the following link: https://cloud7.eudonet.com/Specif/EUDO_03874/FormulaireDossierLitiges/home.aspx.
- In the event of a dispute at an Establishment located in Portugal which has not been resolved by the Establishment concerned or by Customer Service, the Customer is invited to make a complaint on the complaints platform provided for this purpose, available on the presentation page of the Establishment concerned. This platform can be accessed at the following link: www.livroreclamacoes.pt.
- Ennismore also informs the Customer of the existence of a European Online Dispute Resolution Platform (" ODR ") to which the Customer may have recourse. The Customer can access this platform via the following link: http: //ec.europa.eu/consumers/odr/.
Business groups, professional and private events for fewer than 79 people.
ARTICLE 1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE:
These general terms and conditions of sale (hereinafter the "GTC") govern the hotel services described in the attached contract or quote, provided for the accommodation of groups traveling on business, professional events (e.g., meetings, seminars) and private events (e.g. weddings, receptions) for 8 to 79 people (hereinafter the "Event"), by the establishment indicated in the attached contract or quotation (hereinafter the "Hotel"), to any person contracting on their own behalf or as an intermediary (hereinafter the "Customer"). These GTC are sent to the Customer at the same time as the contract/quote as part of the reservation. Any reservation implies the Customer's full and unreserved acceptance of these GTC. The GTC and the associated contract/quote form an inseparable contractual whole. In the event of any contradiction, the provisions of the contract/quote signed by the Customer shall prevail over those of the GTC. Any terms and conditions or contractual documents of the Customer that are not expressly accepted in writing by the Hotel are excluded from the scope of the contract. The Customer undertakes to communicate to the persons participating in the Event (hereinafter "Participants") the provisions of the GTC that are applicable to them and guarantees their compliance with them for the entire duration of the Event with regard to the Hotel.
ARTICLE 2. DURATION:
The contractual relationship shall take effect on the date of signature of the contract/quote and shall automatically terminate on the date of the last fulfillment of the obligations provided for in the contract/quote and the GTC, without tacit renewal or automatic renewal being possible.
ARTICLE 3. CONFIRMATION OF RESERVATION:
The Customer must confirm their reservation in writing before the option date indicated in the contract/quote and return a copy of the contract/quote and the GTC, duly signed by an authorized representative of the Customer and the Hotel, to the Hotel. These documents must be accompanied by payment of the deposit referred to below or in the contract/quote, which constitutes a substantial and decisive condition of the reservation for the Hotel. If the Customer fails to pay the deposit within the specified time(s), the Hotel will not confirm the reservation and will not guarantee the availability of the reserved spaces/rooms. Once the Customer has signed the contract/quote, they will be liable for the deposit within the specified time(s).
ARTICLE 4: ORGANIZATION OF THE RESERVATION:
1/ Rooms: The Client must send the Hotel a written "rooming list" (list of names of Event Participants and room assignments) no later than 8 business days before the scheduled arrival date. Reserved rooms will be available to Participants from 3:00 p.m. on the day of arrival. Rooms must be vacated by 12:00 noon on the day of departure. Any delay will result in the billing of an additional night at the published public rate.
2/ Place settings: The Hotel shall inform and describe the available services to the Customer. The Customer remains responsible for their choice of services and their suitability for their needs, and the Hotel cannot be held liable in this regard. The Customer must confirm in writing the exact number of place settings required for each meal and their choice of catering at least 8 working days before the start date of the Event. After this date and/or in the event of a difference between the items confirmed by the Customer and those finally accepted by the Hotel, the Hotel reserves the right to impose a choice within the category of services finally selected by the Customer and/or to refuse the additional services requested, without the Hotel being held liable in this regard. It is hereby specified that catering not consumed as part of a package cannot give rise to a reduction in price. Any reduction in the services ordered (number of meals, buffet, cocktail party, or other) is considered a partial cancellation of the reservation, giving rise to the application of Article 7 below.
3/ Spaces made available: If the number of Participants is lower than the number specified in the contract/quote or last accepted by the Hotel, the Customer may be assigned a space other than the one initially planned, for reasons inherent to the management of the Hotel. Similarly, it is expressly stipulated that the Customer may not take action against the Hotel and/or claim damages in the event that work (including any type of renovation, maintenance, etc.) takes place, during all or part of the services, within or outside the Hotel. Any request by the Customer to modify the layout (change of furniture, room, or any element of the space) in relation to the contract/quote or last accepted by the Hotel must be made in writing no later than 48 hours before the start of the Event. The Hotel will make every effort to carry out the changes. Beyond this 48-hour notice period, and provided that the requested changes can be made within the time frame, the Hotel may apply a surcharge depending on the changes requested by the Customer.
ARTICLE 5. MODIFICATION OF SERVICES:
Any request to modify the services provided for in the accepted contract/quote must be sent in writing to the Hotel and will be invoiced. The Hotel may refuse the request at any time without giving reasons. If the Hotel does not respond in writing within 8 working days of receiving the request, the terms and conditions of the contract/quote will apply. In this case, the Hotel shall not be liable for any compensation. Any modification to the quote/contract shall be considered a total or partial cancellation, which shall give rise to the application of Article 7 below. If the number of Participants exceeds the number indicated in the contract/quote, the availability of the spaces will only be confirmed by written and express agreement by the Hotel, subject to the availability of other spaces and after receipt of the additional deposit corresponding to the difference in the reservation. In the event of unavailability, the terms and conditions of the contract/quote shall apply.
ARTICLE 6. NO-SHOWS:
In the event of failure to cancel/modify and failure to show up on the date scheduled for the start of the Event (hereinafter "No-Show(s)"), the Hotel will charge the Customer 100% of the total amount including tax for the Event booked for the entire stay/service. The Customer undertakes to pay these sums in accordance with the terms and conditions set out in the contract/quote or in Article 11 below.
ARTICLE 7. CANCELLATION:
Any total or partial cancellation must be sent to the Hotel in writing.
1/ Total cancellation: The following are considered total cancellations and are subject to the cancellation conditions set out below:
- Change of date of the Event and/or failure to pay deposits within the contractual deadlines;
- Cancellation of 50% or more of the number of rooms per night, the number of Participants per day/person, and/or the total amount of the quote;
- Any Event that has begun but is interrupted, regardless of the reason for the interruption. In the event of interruption of the Event, for any reason whatsoever, the full price including tax for the entire stay/service agreed upon will be charged without any recourse for the Customer;
- Failure to meet payment deadlines: the Hotel shall be entitled to cancel the Event and demand immediate payment of the balance for the Event from the Customer, with payment to be received by the Hotel within 7 working days of the date of the Hotel's written request. In addition, the Hotel may claim damages.
Any total cancellation will result in the application of the cancellation fees defined below, which apply under the terms of the contract/quote initially agreed by the Customer. A new quote/contract with new pricing conditions will be offered by the Hotel for the percentage that remains confirmed for a cancellation equal to or greater than 50%.
In the event of a total cancellation for which notification is received:
- more than 120 calendar days before the start of the Event, the Hotel will refund any deposits paid by the Customer;
- Between 120 and 31 calendar days before the first day of the Event, the Hotel will retain the amount of any deposits paid at the time of cancellation or, if no deposit has been paid, the amount of the deposits due at the time of cancellation (in this case, the Customer undertakes to pay the deposits within 7 working days of notification of cancellation) and without prejudice to any damages that may be claimed in addition;
- received 30 calendar days or less before the first day of the Event: the Customer shall pay 100% of the total amount including tax for the services booked (including any deposits not yet paid but due), within 7 working days of notification of cancellation and without prejudice to any damages that may be claimed in addition.
2/ Partial cancellation: A partial cancellation corresponds to a reduction in the amount of the contract/quote, regardless of the reason: reduction in the duration of the Event, reduction of less than 50% in the number of rooms per night, the number of Participants per day, or the total amount of the quote/contract. In the event of partial cancellation of the contract/quote by the Client and unless otherwise agreed in the quote/contract, the partial cancellation fees will be as follows:
Unless otherwise specified in the contract/quote, the Customer agrees to pay the cancellation fees due in the event of partial cancellation within 7 business days of notification of cancellation.
If the total number of partial cancellations made by the Customer, regardless of the notice period, is equal to or greater than 50% of the number of rooms per night, the number of Participants per day, and/or the total amount of the contract/quote, this will be considered a total cancellation and the cancellation fees for a total cancellation will apply.
3/ Revision of conditions: The above cancellation conditions may be adapted according to the operational requirements of the Hotel and/or the exceptional or complex nature of the Event, in accordance with terms to be agreed between the Hotel and the Customer.
In any event, if the confirmed number of rooms and/or meals and/or meeting rooms is at least 10% lower than the initial contract/quote, the Customer may be charged rates that differ from those specified in the contract/quote due to the reduced services.
ARTICLE 8. EVICTION:
In the event that the Hotel is unavailable, due to force majeure, technical problems in the Hotel, construction work, or any other reason, the Hotel will make every effort to accommodate all or some of the Participants in a hotel of equivalent category, with all costs associated with the transfer remaining the responsibility of the Hotel (except in cases of force majeure), which cannot be held liable for any additional compensation or price reduction.
ARTICLE 9. PRICE:
Rates are quoted in euros excluding tax. The rates appearing on the contract/quote are valid for a period ending on an option date, before which the Customer must confirm their reservation with the Hotel. After this date, rates are subject to change. The VAT rate and/or any other tax applied to the rates in the contract/quote, whether they are expressed excluding tax and/or including tax, will be the rate in force on each billing date. The applicable rates are therefore those in force on the day of the Event. Rates may be increased by the tourist tax and the additional departmental and/or regional tax on the tourist tax in certain cities. They will be modified in the event of legislative and/or regulatory changes that may lead to price variations, such as: modification of the applicable VAT rate, introduction of new taxes, modification of the regime of an existing tax, etc.
ARTICLE 10. OVERTIME FOR LATE OPENING:
The rental period for spaces is divided as follows: either from 8:00 a.m. to 7:00 p.m., or from 7:00 p.m. to midnight. Beyond these periods, additional availability fees will be applied based on current rates. The Customer will be billed for staff costs related to overtime: beyond 4:00 p.m. for lunch and beyond 11:00 p.m. for dinner/cocktails, based on current rates.
ARTICLE 11. PAYMENT TERMS:
1/ Deposits: Unless otherwise agreed in the contract/quote, a deposit of 85% calculated on the total price including tax of the reserved Event must be paid by the Client on the date of signing the contract/quote. This deposit may be increased to 100% of the total amount including tax for the Event booked, depending on operational requirements, the specific nature of the Event, or exceptional circumstances such as events, fairs, exhibitions, and the specific requirements of the Client. If the Customer fails to pay the deposit as agreed, the Hotel may not block the rooms and/or spaces reserved. In any event, the Customer shall be liable for the deposits specified in the contract/quote. The contract/quote will therefore be terminated at the sole fault of the Customer. The payment of a deposit will result in the Hotel issuing a deposit invoice. This will be delivered after the Hotel has received payment. It is hereby specified that sums paid in advance do not bear interest.
2/ Payment deadline: The amount of this or these deposits shall be deducted from the final invoice (balance), subject to the possible application of cancellation penalties and other services that may be invoiced (e.g., services used by Participants). Unless otherwise specified in the contract/quote, balance invoices are payable no later than 7 business days after the invoice date. No additional payment terms will be granted. The Customer may be required to provide financial security (cash deposit, first demand guarantee, joint surety). Early payment will not qualify for a discount.
3/ Minimum billing amount: The minimum unit billing amount charged by the Hotel is €300 excluding tax. Any invoice for a lower amount may be subject to a minimum administration fee of €40 excluding tax per invoice.
4/ Payment methods and currency: Only bank transfers, credit card payments, or, failing that, bank checks issued by a bank established in the country of the Hotel or cash (within the legal limit) are accepted. If the payment method involves fees payable by the Hotel, the Hotel must expressly accept the said payment method in the contract/quote. In the event of payment by bank transfer, bank charges will be added to the total amount of the quote/contract, and the amount of the charges to be invoiced to the Customer will be specified on the quote/contract. Payments are made in euros.
5/ Electronic billing: The Guest agrees that the Hotel may send invoices electronically via the platform chosen by the Hotel.
6/ Extras: Payment for any services not included in the quote/contract (e.g., laundry, minibar, telephone, etc.) that are ordered individually by one or more Participants shall be made directly by the Participant(s) at the hotel reception desk before their departure. The Customer undertakes to ensure compliance with this rule. The Hotel declines all responsibility for the consequences of a delayed departure due to this payment.
In the absence of payment, the invoice will be sent to the Customer, who undertakes to pay it within seven business days of its date of issue. In the event that individual payments are planned, any unpaid amount may be deducted from the excess deposit paid by the Customer, with the balance being returned to the Customer.
7/ Modification of billing/payment terms: Any special provisions in the contract/quote that deviate from the billing/payment terms set out in this article, as well as any subsequent requests to modify these terms, must be submitted to the Hotel for formal acceptance. Such acceptance must be in writing and will result in an additional billing charge for administrative costs. These fees amount to 3% of the total amount of the Event, including tax, with a minimum charge of €40 excluding tax.
8/ Failure to pay: Even in the event of a dispute, complaint, or disagreement regarding all or part of an invoice, the Customer undertakes to pay it without delay. In the event of failure to pay by the contractual due date, late payment penalties shall be due from the day after the invoice due date at a rate of 15% per annum, applied to the total amount of the invoice including tax. In addition, a fixed penalty of €40 per debt will be payable from the day after the invoice due date, to which will be added additional compensation to cover all costs incurred in the event of debt collection proceedings. In addition, any payment incident will render immediately payable all outstanding debts owed by the Customer in respect of invoices issued by the Hotel under the contract/quote.
9/ Intermediation commission: In the event of intermediation in the organization of the Event, the commission shall only apply to the amounts duly collected by the Hotel (including No-Shows) and shall be invoiced separately by the intermediary. Payment of the commission is subject to full prior collection of the price of the Event. The commission is calculated on the amount excluding VAT. The amount of the commission thus obtained is an amount excluding VAT to which VAT will be added in accordance with the rate in force on the date of invoicing of the commission.
ARTICLE 12. PHOTOGRAPHIC REPORTING – FILMING OR REPORTING:
The Customer is personally responsible for obtaining all authorizations that may be necessary in connection with a photo shoot or film or video shoot (hereinafter "Content"), including the written consent of the Hotel or each of the individuals (customers, employees, and third parties) who will be filmed and/or photographed and/or whose comments will be recorded during the filming and/or report. The Customer indemnifies the Hotel and any company in the ACCOR group against any claim related to the use and/or distribution of these reports against the Hotel or any company in the ACCOR group, and further undertakes to bear all related costs. The Customer also undertakes to verify, prior to any publication/posting of the Content, that it does not damage the image of the Hotel and/or the companies of the ACCOR group, failing which the Customer may be held liable.
ARTICLE 13. CLEARANCE SALES:
The Customer must, where applicable, provide the Hotel with a copy of the prior declaration of sale by unpacking addressed to the mayor of the municipality in which the Hotel is located, and at least 15 calendar days in advance, a copy of the acknowledgment of receipt or receipt of filing of the prior declaration. These documents must be provided when the purpose of making the premises available is for retail sale, purchase, or taking orders for goods, whether or not preceded by advertising. Under no circumstances may the availability exceed the duration indicated on the prior declaration. Failure to provide a copy of the prior declaration and the acknowledgment of receipt or receipt of filing will result in the application of the total cancellation conditions referred to in Article 7 above. The Customer undertakes to communicate to the Hotel for validation, prior to the date of the Event, any display relating to the Event within the Hotel and undertakes to comply with the legislation on displays in force in the municipality/department/region. Under no circumstances shall the Hotel be held liable for any non-compliant display by the Customer. In the event of legal proceedings, the Customer shall be solely liable for non-compliance with the relevant regulations and shall compensate the Hotel if the latter has suffered direct and/or indirect damage.
ARTICLE 14. EXHIBITIONS, FAIRS, AND DECORATION:
Any installation carried out by the Client must comply with the Hotel's specifications and the latest safety regulations in force. Any decoration or stand layout plans must be submitted to the Hotel and include five copies of the layout, failing which permission to exhibit may be refused. The Client organizing a trade show within the meaning of the Commercial Code must provide the Hotel, at least 15 calendar days before the start date of the Event, with a copy of the Event declaration receipt and a certificate of civil liability insurance covering the risks inherent in the Client's activity and the running of the Event, mentioning the limits and amounts of coverage. The Customer undertakes to restore the premises occupied to their original condition at its own expense.
ARTICLE 15. ACTIVITIES CARRIED OUT BY THE GUEST WITHIN THE HOTEL:
In the context of all activities carried out by the Customer within the Hotel, the latter undertakes to comply with all applicable rights, rules, and standards applicable to these activities. As such, the Customer guarantees compliance to the Hotel by providing it with the necessary supporting documents for the purposes of establishing such compliance. The Customer must include their company name on all items (documents, files, etc., without this list being exhaustive) that they produce directly or indirectly. Under no circumstances may Hotel staff participate in activities organized by the Customer.
ARTICLE 16. PAID ADMISSION:
The Client undertakes to declare in writing to the Hotel, at the same time as the accepted contract/quote and the payment of the deposit, its commitment to take full responsibility for collecting an entrance fee from Participants when the Event organized on the Hotel's premises involves a paid entrance fee. In this case, the admission fee must be collected by the Customer within the premises made available. Under no circumstances shall the Hotel staff be involved in collecting this fee.
ARTICLE 17. COPYRIGHT:
The Customer shall be personally responsible for any declarations and payment of any copyright fees, in particular to SACEM and SPRE, for the broadcasting of musical works and, more generally, the use of any intellectual property within the meaning of the Intellectual Property Code on the Hotel's premises. The Customer must provide the Hotel with any declarations made to the relevant authorities prior to the Event. The Customer guarantees the Hotel and any company in the ACCOR group against any claim related to the use of these rights against the Hotel or any company in the ACCOR group and further undertakes to bear all related costs. The Customer is reminded that any broadcast of a sporting or other event in a meeting room is considered a public broadcast. Therefore, the Customer shall be personally responsible for obtaining the necessary authorizations from any company and/or collective management organization for copyright and related rights competent in this regard and shall be solely responsible for the payment of all fees payable for the broadcast of the sporting or other event. Furthermore, the Customer undertakes not to advertise the broadcast of this event within the spaces made available, nor to use the event commercially for its customers who are participating in the Event organized by the Customer.
ARTICLE 18. TRANSPORTATION:
It is specified that the Hotel does not provide any services related to the transportation of Participants. It cannot therefore be held liable for any problems or consequences resulting from this (absence, delay, cancellation, etc.).
ARTICLE 19. INSURANCE - DAMAGE - BREAKAGE - THEFT:
The Client is liable for any damage, including bodily injury, property damage, and consequential damage, for which it may be liable under this contract/quote, and in particular for damage and risks related to the exercise of its profession, its activity, and more generally, any damage caused to the Hotel, the Hotel's furniture, the Participants in its Event or the Hotel's customers or external customers, arising from its actions, its activity and/or the equipment it has brought with it. In this context, the Client acts as guarantor for the Hotel and undertakes to act on its behalf in the event of any claim made by a Hotel guest, a Participant in its Event or a third party in relation to the performance of the contract/quote. In all cases, the Client hereby indemnifies the Hotel and/or any company of the ACCOR Group against any liability action relating to its Event and the exercise of its activity or profession, and will intervene in any legal action that may be brought on this basis by one of its contributors or Participants against the Hotel and/or any company of the ACCOR Group. The Customer shall bear the costs and payment of any compensation or penalties that may be claimed in this regard from the Hotel and/or any company of the ACCOR Group in connection with the signing, performance, or termination of this contract/quote. The Customer must ensure the safekeeping of goods and equipment brought by themselves or the Participants during the Event, and must in particular ensure the supervision of personal belongings and cloakrooms. The Customer certifies that they are insured with a reputable insurance company to cover the financial consequences of their civil liability and, in particular, to cover damage and risks related to the exercise of their profession/activity and, more generally, any damage caused to the Hotel as a result of the performance of this contract/quote and their Event. They undertake to maintain sufficient liability cover for the entire duration of the hotel services provided for the Event. The Customer is in particular invited to take out specific insurance in the event of the presence of large equipment or valuable goods, insofar as the Hotel cannot be held liable in the event of damage to or theft of such goods, which remain exclusively under the supervision and custody of the Customer and the Event Participants. The Hotel assumes no obligation to guard or supervise such equipment/property. The Customer is liable for all damage caused by them (in particular by Participants or their guests) and undertakes, in the event of damage to the premises made available, to bear the costs of repairing such premises. Under no circumstances shall the Hotel be held liable for damage of any kind, in particular fire or theft, that may affect objects or equipment deposited by the Client or Participants during the Event covered by this reservation and remaining under their exclusive supervision and custody. The Hotel assumes no obligation to guard or supervise such equipment/objects. Similarly, any parcels, packages, or other items delivered to the Hotel before and during the Event may be received by the Hotel, but under no circumstances shall the Hotel be liable for any incident, damage, incorrect number of parcels, damaged parcels, or delivery problems. In the event of a problem, the Customer undertakes to contact the supplier or carrier directly. It is specified that if the Customer wishes to use service providers for the organization of their Event, they must first obtain the Hotel's written consent. The Customer shall be solely liable for any damage that may be caused by the service providers they have brought into the Hotel. In the event of damage/deterioration caused by the service provider, the Hotel will send the Customer the invoice for the necessary repairs, and the Customer undertakes to pay this invoice within 7 working days of the date of issue, without any possibility of dispute.
ARTICLE 20. INTELLECTUAL PROPERTY:
The Customer undertakes not to reproduce, represent, adapt or modify in any way whatsoever the distinctive signs of ACCOR and/or the Hotel, in particular their brand, trade name or logo (hereinafter referred to as "Distinctive Signs"), unless expressly authorized in writing in advance by ACCOR and/or the Hotel. When ACCOR and/or the Hotel authorizes the Customer to use the Distinctive Signs, it or they remain the owners of these intellectual property rights, and this authorization cannot be interpreted as constituting a transfer of said rights to the Customer. The Customer undertakes to do so in accordance with moral rights and within the strict limits of the project for which this authorization has been granted, without creating the appearance of any affiliation with the Hotel and/or ACCOR. The Customer also undertakes to scrupulously comply with the graphic charter that will be communicated to them by ACCOR and/or the Hotel concerned, as well as all instructions for use. The Customer must submit for approval to the Hotel any communication it intends to make referring to the Hotel and/or ACCOR. If legal action is taken by a third party against the Customer for infringement of the Distinctive Signs covered by this authorization for use, the Customer must inform the Hotel and ACCOR immediately.
ARTICLE 21. CONFIDENTIALITY:
Each party undertakes not to disclose the confidential information of the disclosing party and to take precautions at least equivalent to those it takes to protect its own confidential information of a similar nature in order to preserve the confidentiality of the confidential information of the said party, being required, in any event, to make reasonable efforts in this regard. The parties agree that the quote is confidential, as is, without this list being considered exhaustive, any information relating to economic, technical, commercial, financial, or statistical elements, excluding information that was publicly known and disclosed prior to its acquisition and/or receipt by the party. For the purposes of this clause, each party is responsible for its staff and service providers as it is for itself. This clause shall survive the end, for any reason whatsoever, of the commercial relations between the parties for a period of 3 years.
ARTICLE 22. PERSONAL DATA:
The Client acknowledges that it has collected the Participants' data in accordance with the personal data protection regulations in force. The Client undertakes to collect and process the personal data of persons participating in the Event in a lawful, fair, and transparent manner; to process such data for specific and explicit purposes; and to keep such data accurate and up to date when communicated to the Hotel.
In order to manage room reservations for the Event, the Hotel will process the personal data of Participants registered on the "rooming list" provided for in Article 4, §1 of the GTC. The Hotel will act as data controller for this data and undertakes to comply with the applicable regulations on personal data protection. Participants may exercise their rights under the regulations by contacting the Hotel directly.
The Hotel is operated under a brand of the ACCOR group. Consequently, ACCOR and its affiliates may also independently process the personal data of Participants staying at the Hotel. ACCOR will use this personal data for the purposes and with the safeguards detailed in ACCOR's Personal Data Protection Charter, which is available on the website: https://all.accor.com/a/fr/information/data-protection.html
ARTICLE 23. CONDUCT OF THE EVENT:
If the Event poses a proven risk of harming the Hotel's operations, the safety of individuals, public order, or public morals, the Hotel reserves the right either to terminate this contract/quote without any compensation or damages being payable to the Hotel, or to require the Customer to arrange for a security service at their own expense. The Customer undertakes not to invite any person whose behavior is likely to cause damage to the Hotel, which reserves the right to intervene if necessary. The Customer may not bring in any drinks or food from outside, except in the case of a banquet and in accordance with the conditions of Article 28 below. The Client undertakes to ensure that Participants and their guests comply with all the Hotel's instructions and regulations (in particular the ban on smoking in communal areas and all health rules required by the Hotel, the government and/or local authorities). The Client shall ensure that Participants do not disrupt the operation of the Hotel or compromise the safety of the Hotel or the people within it. In the event that the Hotel suffers damage as a result of the Client or one of the Event Participants, it may seek compensation from the Client for the damage suffered. The Customer shall be obliged to compensate the Hotel for all acts of the Participants and their guests whom they have invited; it shall then be incumbent upon them to seek recourse against the said Participant, if applicable. The Customer shall comply with all legal rules in all its external communications, in particular with regard to the location and content of messages disseminated. It shall therefore assume all the consequences thereof and indemnify the Hotel against any conviction in this regard. The Customer (including Participants or their guests) agrees and undertakes to use the room or rented spaces reasonably. Furthermore, any behavior contrary to good morals, public order, and internal regulations will result in the Hotel asking the Customer, Participants, and/or their guests concerned to leave the Hotel without any compensation and/or refund if payment has already been made. The Customer undertakes to remind Participants of the above obligations and guarantees that Participants will comply with them. 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 illegal use of IT resources, and to refrain from any action that could undermine the effectiveness of these measures.
ARTICLE 24. TERM OF OFFICE:
If the Customer contracts in the name and on behalf of a third party, they are deemed to have a legally valid mandate to do so. The Customer undertakes to inform the Hotel of the name of the end customer and the name of the Event being organized. At any time, the Hotel may ask the Customer to provide proof of their mandate and, in the absence of a valid mandate, may terminate the contract/quote without compensation and without prejudice to any damages that the Hotel may claim.
ARTICLE 25. LIABILITY:
The Customer undertakes to implement all health regulations requested by the Hotel, the government, and/or local authorities. No claims, requests for price reductions or requests for coverage may be made by the Customer. Hotels operating under an ACCOR Group brand are operated by companies that are legally separate from ACCOR and are not controlled by ACCOR. As such, they are solely responsible for the obligations set out in these GTC and the contract/quote. The Customer and/or the Hotel shall each be liable, in accordance with common law, for any breaches in the performance of their obligations under the contract/quote and these GTC. Under no circumstances shall the Hotel be liable for any indirect or unforeseeable damage that may result from the performance of its obligations hereunder.
The photos presented on the websites representing the Hotels are not contractual. Although every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Hotels presented give as accurate a picture as possible of the services offered, variations may occur, particularly due to changes in furniture, renovations, or changes in the brand name. The Customer may not make any claim on this basis.
ARTICLE 26. TERMINATION CLAUSE:
In the event of total or partial breach by the Customer or the Hotel of one or more of the obligations incumbent upon them under the contract/quote and these GTC, the latter may be terminated, as of right, by the non-defaulting party one month after sending the defaulting party a formal notice by registered letter with acknowledgment of receipt that has remained without effect.
In the event of repeated failure by the Customer or the Hotel to fulfill one or more of its obligations, or in the event of a breach of one or more of the obligations set out in Article 11-1 "Deposit," Article 22 "PERSONAL DATA," and/or Article 29 "ETHICS AND COMPLIANCE," either party may terminate the contract/quote and these GTC without prior notice by simply sending a registered letter with acknowledgment of receipt.
Termination does not exempt the defaulting party from fulfilling its contractual obligations until the termination takes effect, without prejudice to any recourse available to the other party. Any sums paid to the Hotel shall be retained, and any sums due shall be paid.
ARTICLE 27. UNFORESEEN CIRCUMSTANCES AND FORCE MAJEURE:
27.1/ Unforeseeability: The Hotel and the Customer agree to mutually waive the application of the provisions of Article 1195 of the Civil Code and related case law.
27.2/ Force majeure: In accordance with Article 1218 of the Civil Code, force majeure refers to an event beyond the control of the debtor that could not reasonably have been foreseen at the time of conclusion of the contract/quote and whose effects cannot be avoided by appropriate measures, preventing the debtor from fulfilling their obligation and recognized as such by the French courts. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the judicial termination of the quote/contract and these GTC. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 28. BANQUETS:
If the Customer wishes to bring their own drinks, a corkage fee will apply, which will be charged per bottle. It is reminded that children who may participate in the Event are the sole responsibility of their parents and/or the Customer. The Customer and/or Participants are not authorized to bring their own food to the Event, either in whole or in part. If they wish to take away any unconsumed food at the end of the banquet, they undertake to comply with the laws and regulations in force concerning food and beverages, their transport, hygiene and hygiene standards and, in general, with all requirements relating to catering, so that the Hotel cannot be held liable or prosecuted. The Customer undertakes to comply with all applicable rules relating to hygiene and the cold chain and to ensure that the premises are left in a perfectly clean condition. It is hereby specified that the Hotel accepts no responsibility for food brought in by the Customer and/or Participants.
ARTICLE 29. ETHICS AND COMPLIANCE:
Each party shall comply with its respective code of conduct and all related policies it has developed to promote responsible and ethical business conduct and compliance with applicable laws and regulations, including, but not limited to, those relating to corruption, competition law, environmental protection, supply chain due diligence, and human and children's rights. The Hotel has adopted principles, standards, and commitments applicable to all hotels operated under an ACCOR Group brand in terms of Ethics, Corporate Social Responsibility, and compliance, the content of which is available on the ACCOR Group website. At the Hotel's request, the Customer shall provide it with any information justifying its own activities and commitments in terms of the environment, ethics, and compliance.
To the extent that a party's code of conduct and/or related policies: (i) does not exist; or (ii) does not adequately address a specific material issue, then such party agrees, to the satisfaction of the other party, to perform its duties and obligations under the contract/quote and these GTC or with respect to the specific material issue, at all times, in compliance with applicable laws, and in the spirit and general compliance with the relevant principles of the other party's code of conduct and related policies.
For the purposes of this clause, "material issue" means any event or set of circumstances that has or is reasonably likely to have a significant negative impact on a party's ability to fulfill its obligations under the contract/quote and these GTC, or that would result in a breach of its legal, ethical, or reputational commitments to its stakeholders or the general public.
Each party represents and warrants, on an ongoing basis, that: (i) neither it nor any of its controlling shareholders or beneficial owners is subject to sanctions or under investigation under any sanctions laws or regimes; and (ii) in performing its duties and obligations under the contract/quote and these GTC, it: a) complies with all applicable laws and regulations relating to corruption, competition law, environmental protection, supply chain due diligence, and the fair treatment of human beings and children; and (b) shall not engage in any activities or conduct that could cause the other party to violate the laws or regulations mentioned in this clause, or that are applicable to the contract/quote and these GTC; and (iii) its use of any supplier, service provider, and/or subcontractor assisting it in the performance of its obligations under the contract/quote or these GTC must at all times be in accordance with the spirit of, and generally comply with, this clause and applicable laws.
For the purposes of this clause, "sanctions laws or regimes" include those that have a direct impact or direct application to a party, including, but not limited to, those adopted by: the U.S. Office of Foreign Assets Control ("OFAC"); the U.S. Department of State; the U.S. Department of Commerce; the United Nations Security Council; the European Union (including any of its member states); and the United Kingdom.
Notwithstanding any other rights acquired under the contract/quote and these GTC, in the event of a breach by either party of this clause, in its entirety or any of its provisions, the other party may terminate the contract/quote and these GTC immediately and without incurring any liability for damages, penalties, or any other consequences arising from such termination, except with regard to obligations and liabilities that have fallen due or been incurred up to the date of termination.
ARTICLE 30. ASSIGNMENT OF THE CONTRACT:
These Terms and Conditions and the quote/contract to which they relate may not be transferred by the Customer without the prior written consent of the Hotel.
ARTICLE 31. APPLICABLE LAW, MEDIATION, AND COMPETENT JURISDICTION:
The applicable law is French law. IN THE EVENT THAT THE CUSTOMER IS A MERCHANT AND IN THE EVENT OF A DISPUTE THAT CANNOT BE RESOLVED AMICABLY, THE COMPETENT COURTS SHALL BE THOSE OF THE LOCATION OF THE HOTEL'S HEAD OFFICE.
In the event that the Customer is a consumer and the dispute cannot be resolved amicably within 60 days of the written complaint being sent to the Hotel, the Customer is informed of their right to refer the matter to a mediator. This is the Tourism and Travel Mediator for hotels managed by a company in the ACCOR group and for franchised hotels that have decided to use this service. Further information (contact details, referral procedures, etc.) concerning this mediator is available on the website https://all.accor.com.
Business groups, professional and private events for more than 80 people.
ARTICLE 1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE:
These general terms and conditions of sale (hereinafter the "GTC") govern the hotel services described in the attached quote or contract, provided for the accommodation of groups traveling for business purposes, professional events (e.g., conferences, conventions) or private events (e.g., weddings, receptions) of 80 people or more (hereinafter the "Event"), by the establishment indicated in the attached contract or quote (hereinafter the "Hotel"), to any person contracting on their own behalf or as an intermediary (hereinafter the "Customer"). These GTC are sent to the Customer at the same time as the contract/quote as part of the reservation. Any reservation implies the Customer's full and unreserved acceptance of these GTC. The GTC and the associated contract/quote form an indivisible contractual whole. In the event of any contradiction, the provisions of the contract/quote signed by the Customer shall prevail over those of the GTC. Any terms and conditions or contractual documents of the Customer that are not expressly accepted in writing by the Hotel are excluded from the scope of the contract. The Customer undertakes to communicate to the persons participating in the Event (hereinafter "Participants") the provisions of the GTC that are applicable to them and guarantees their compliance with them for the entire duration of the Event with regard to the Hotel.
ARTICLE 2. DURATION:
The contractual relationship shall take effect from the date of signature of the contract/quote and shall automatically terminate on the date of the last fulfillment of the obligations provided for in the contract/quote and the GTC, without tacit renewal or automatic renewal being possible.
ARTICLE 3. CONFIRMATION OF RESERVATION:
The Customer must confirm their reservation in writing before the option date indicated in the contract/quote and return a copy of the contract/quote and the GTC signed by an authorized representative of the Customer and the Hotel to the Hotel. These documents must be accompanied by payment of the deposit referred to below or in the contract/quote, which constitutes a substantial and decisive condition of the reservation for the Hotel. If the Customer fails to pay the deposit within the specified time(s), the Hotel will not confirm the reservation and will not guarantee the availability of the reserved spaces/rooms. Once the Customer has signed the contract/quote, they will be liable for the deposit within the specified time frame(s).
ARTICLE 4. ORGANIZATION OF THE RESERVATION:
1/ Rooms: The Client must send the Hotel a written "rooming list" (list of names of Event Participants and room assignments) no later than 8 business days before the scheduled arrival date. Reserved rooms will be available to Participants from 3:00 p.m. on the day of arrival. Rooms must be vacated by 12:00 noon on the day of departure. Any delay will result in the billing of an additional night at the published public rate.
2/ Place settings: The Hotel shall inform and describe the available services to the Customer. The Customer remains responsible for their choice of services and their suitability for their needs, and the Hotel cannot be held liable in this regard. The Customer must confirm in writing the exact number of place settings required for each meal and their choice of catering at least 8 working days before the start date of the Event. After this date and/or in the event of a difference between the items confirmed by the Customer and those finally accepted by the Hotel, the Hotel reserves the right to impose a choice within the category of services finally selected by the Customer and/or to refuse the additional services requested, without the Hotel being held liable in this regard. It is hereby specified that catering not consumed as part of a package cannot give rise to a reduction in price. Any reduction in the services ordered (number of meals, buffet, cocktail party, or other) is considered a partial cancellation of the reservation, giving rise to the application of Article 7 below.
3/ Spaces made available: If the number of Participants proves to be lower than the number specified in the contract/quote or last accepted by the Hotel, the Customer may be assigned a space other than the one initially planned, for reasons inherent to the management of the Hotel. Similarly, it is expressly stipulated that the Customer may not take action against the Hotel and/or claim damages in the event that work (including any type of renovation, maintenance, etc.) takes place, during all or part of the services, within or outside the Hotel. Any request by the Customer to change the layout (change of furniture, room, or any element of the space) in relation to the contract/quote or last accepted by the Hotel must be made in writing no later than 48 hours before the start of the Event. The Hotel will make every effort to carry out the changes. Beyond this 48-hour notice period, and provided that the requested changes can be made within the time frame, the Hotel may apply a surcharge depending on the changes requested by the Customer.
ARTICLE 5. MODIFICATION OF SERVICES:
Any request to modify the services provided for in the accepted contract/quote must be sent in writing to the Hotel and will be invoiced. The Hotel may refuse the request at any time without giving reasons. If the Hotel does not respond in writing within 8 working days of receiving the request, the terms and conditions of the contract/quote will apply. In this case, the Hotel cannot be held liable for any compensation. If the number of Participants exceeds the number indicated in the contract/quote, the availability of the spaces will only be confirmed by written and express agreement by the Hotel, subject to the availability of other spaces and after receipt of the additional deposit corresponding to the difference in the reservation. In the event of unavailability, the terms and conditions of the contract/quote shall apply.
ARTICLE 6. NO-SHOWS:
In the event of no cancellation/modification and no-show on the date scheduled for the start of the Event (hereinafter "No-Show(s)"), the Hotel will charge the Customer 100% of the total amount including tax for the Event booked for the entire stay/service. The Customer undertakes to pay these sums in accordance with the terms and conditions set out in the contract/quote or in Article 11 below.
ARTICLE 7. CANCELLATION:
Any total or partial cancellation must be sent to the Hotel in writing.
1/ Total cancellation: The following are considered total cancellations and are subject to the cancellation conditions set out below:
- a change in the date of the Event and/or failure to pay installments within the contractual deadlines;
- Cancellation of 50% or more of the number of rooms per night, the number of Participants per day/person, and/or the total amount of the quote;
- Any Event that has begun but is interrupted, regardless of the reason for the interruption. In the event of interruption of the Event, the full price including tax for the entire stay/service agreed upon will be charged without any possibility of recourse by the Customer;
- Failure to meet payment deadlines: the Hotel shall be entitled to cancel the Event and demand immediate payment of the balance for the Event from the Customer, with payment to be received by the Hotel within 7 working days of the date of the Hotel's written request. In addition, the Hotel may claim damages.
Any total cancellation will result in the application of the cancellation fees defined below, which apply under the terms of the contract/quote initially agreed by the Customer. A new quote with new pricing conditions will be offered by the Hotel for the percentage that remains confirmed for a cancellation of 50% and/or more than 50%.
In the event of a total cancellation for which notification is received:
- more than 30 calendar days before the first day of the Event: the Hotel will retain the amount of any deposits paid or, if no deposit has been paid, the amount of any deposits due at the time of cancellation (in which case the Customer undertakes to pay the deposits within 7 working days of notification of cancellation), without prejudice to any additional damages that may be claimed;
- between 30 calendar days or less before the first day of the Event date, the Client must pay the balance of the amount of the service appearing in the quote within 7 working days of the cancellation notification, without prejudice to any damages that may be claimed in addition.
2/ Partial cancellation: A partial cancellation corresponds to a reduction in the amount of the contract/quote, regardless of the reason: reduction in the duration of the Event, reduction of less than 50% in the number of rooms per night, the number of Participants per day, or the total amount of the quote/contract. In the event of partial cancellation of the contract/quote by the Customer and unless otherwise agreed in the quote/contract, the cancellation fees will be as follows:
Unless otherwise specified in the contract/quote, the Customer agrees to pay the cancellation fees due in the event of partial cancellation within 7 business days of notification of cancellation.
3/ Revision of conditions: The above cancellation conditions may be adapted according to the Hotel's operating requirements and/or the exceptional or complex nature of the Event, in accordance with the terms to be agreed between the Hotel and the Customer. In any event, if the number of rooms and/or meals and/or meeting rooms confirmed is at least 10% lower than the initial contract/quote, the Customer may be charged rates that differ from those in the contract/quote due to the reduced services.
< ou = 10%
40%
< 10%
65%
< ou = 5%
80%
0%
90%
0%
100%
ARTICLE 8. EVICTION:
In the event that the Hotel is unavailable, due to force majeure, technical problems at the Hotel, construction work, or any other reason, the Hotel will make every effort to accommodate all or some of the Participants in a hotel of equivalent category, with all costs associated with the transfer being borne by the Hotel (except in cases of force majeure), which may not be held liable for payment of any additional compensation or requested to reduce its prices.
ARTICLE 9. PRICE:
Rates are quoted in euros excluding tax. The rates appearing on the contract/quote are valid for a period ending on an option date, before which the Customer must confirm their reservation with the Hotel. After this date, rates are subject to change. The VAT rate and/or any other taxes applied to the rates in the contract/quote, whether they are expressed excluding tax and/or including tax, will be the rate in force on each billing date. The applicable rates are therefore those in force on the day of the Event. Rates may be increased by the tourist tax and the additional departmental and/or regional tax on the tourist tax in certain cities. They will be modified in the event of legislative and/or regulatory changes that may lead to price variations, such as: modification of the applicable VAT rate, introduction of new taxes, modification of the regime of an existing tax, etc.
ARTICLE 10. OVERTIME FOR LATE OPENING:
The rental period for spaces is divided as follows: either from 8:00 a.m. to 7:00 p.m., or from 7:00 p.m. to midnight. Beyond these periods, additional availability fees will be applied based on current rates. The Customer will be billed for staff costs related to overtime: beyond 4:00 p.m. for lunch and beyond 11:00 p.m. for dinner/cocktails, based on current rates.
ARTICLE 11. PAYMENT TERMS:
1/ Deposits: Unless otherwise agreed in the contract/quote, deposits shall be paid as follows:
- For reservations made more than 1 year before the date of the Event:
- For reservations made less than 1 year before the date of the Event:
It is hereby specified that sums paid in advance do not bear interest.
2/ Payment deadline: The amount of this or these deposits shall be deducted from the final invoice (balance), subject to the possible application of cancellation penalties and other services that may be invoiced (e.g., services used by Participants). Unless otherwise agreed in the contract/quote, invoices for the balance are payable no later than 7 business days after the invoice date. No additional payment period will be granted. The Customer may be required to provide financial security (cash deposit, first demand guarantee, joint surety). No discount will be granted for early payment.
3/ Minimum billing amount: The minimum billing amount per hotel is €300 excluding tax. Any invoice for a lower amount may be subject to a minimum administration fee of €40 excluding tax per invoice.
4/ Payment methods and currency: Only bank transfers or credit card payments, or failing that, bank checks issued by a bank established in the country of the Hotel, or cash (within the legal limit) are accepted. If the payment method involves fees payable by the Hotel, the Hotel must expressly accept this payment method in the contract/quote. In the event of payment by bank transfer, bank charges will be added to the total amount of the quote/contract, and the amount of the charges to be invoiced to the Customer will be specified on the quote/contract. Payments are made in euros.
5/ Electronic invoicing: The Customer agrees that the Hotel may send invoices electronically via the platform chosen by the Hotel.
6/ Extras: Payment for any services not included in the quote/contract (e.g., laundry, minibar, telephone, etc.) that are ordered individually by one or more Participants shall be made directly by the Participant(s) at the hotel reception desk before their departure. In the absence of payment, the invoice will be sent to the Customer, who undertakes to pay it within 7 working days of its date of issue. In the event that individual payments are planned, any unpaid amount may be deducted from the excess deposit paid by the Customer, with the balance being returned to the Customer.
7/ Modification of billing/payment terms: Any special provisions in the contract/quote that deviate from the billing/payment terms set out in this article, as well as any subsequent requests to modify these terms, must be submitted to the Hotel for formal acceptance, which must be given in writing and will result in an additional billing charge for administrative costs. These fees amount to 3% of the total amount including tax for the Event, with a minimum charge of €40 excluding tax.
8/ Failure to pay: Even in the event of a dispute, complaint, or disagreement regarding all or part of an invoice, the Customer undertakes to pay it without delay. In the event of failure to pay by the contractual due date, late payment penalties shall be due from the day after the invoice due date at a rate of 15% per annum, applied to the total amount of the invoice including tax. In addition, a fixed penalty of €40 per debt will be payable from the day after the invoice due date, to which will be added additional compensation to cover all costs incurred in the event of debt collection proceedings. In addition, any payment incident will render immediately payable all outstanding debts owed by the Customer in respect of invoices issued by the Hotel under the contract/quote.
9/ Intermediation commission: In the event of intermediation in the organization of the Event, the commission shall only apply to the amounts duly collected by the Hotel (including No-Shows) and shall be invoiced separately by the intermediary. Payment of the commission is subject to prior full collection of the price of the Event. The commission is calculated on the amount excluding VAT. The amount of the commission thus obtained is an amount excluding VAT to which VAT will be added in accordance with the rate in force on the date of invoicing of the commission.
ARTICLE 12. PHOTOGRAPHIC REPORTING – FILMING OR REPORTING:
The Customer is personally responsible for obtaining all authorizations that may be necessary in connection with a photo shoot or the filming of a movie or documentary. Prior to any filming and/or reporting (hereinafter "Content"), the Client shall obtain the written consent of the Hotel and of each person (guests, employees, and third parties) who will be filmed and/or photographed and/or whose comments will be recorded during the filming and/or reporting. The Customer guarantees the Hotel and any company in the ACCOR group against any claim related to the use and/or distribution of these reports against the Hotel, ACCOR, and any other company belonging to the ACCOR Group, and further undertakes to bear all related costs. The Customer also undertakes to verify, prior to any publication/posting of the Content, that it does not damage the image of the Hotel and/or the companies of the ACCOR group, failing which the Customer may be held liable.
ARTICLE 13. CLEARANCE SALES:
The Customer must, where applicable, provide the Hotel with a copy of the prior declaration of a clearance sale addressed to the mayor of the municipality in which the Hotel is located, and at least 15 calendar days in advance, a copy of the acknowledgment of receipt or receipt of filing of the prior declaration. These documents must be provided when the purpose of making the premises available is for retail sales, purchases, or taking orders for goods, whether or not preceded by advertising. Under no circumstances may the availability exceed the duration indicated on the prior declaration. Failure to provide a copy of the prior declaration and the acknowledgment of receipt or receipt of filing will result in the application of the total cancellation conditions referred to in Article 7 above. The Customer undertakes to communicate to the Hotel for validation, prior to the date of the Event, any display relating to the Event within the Hotel and undertakes to comply with the legislation on displays in force in the municipality/department/region. Under no circumstances shall the Hotel be held liable for any non-compliant display by the Customer. In the event of legal proceedings, the Customer shall be solely liable for non-compliance with the relevant regulations and shall compensate the Hotel if the latter has suffered direct and/or indirect damage.
ARTICLE 14. EXHIBITIONS, FAIRS, AND DECORATION:
Any installation carried out by the Client must comply with the Hotel's specifications and the latest safety regulations in force. Any decoration or stand layout plans must be submitted to the Hotel and include five copies of the layout, failing which permission to exhibit may be refused. The Client organizing a trade show within the meaning of the Commercial Code must provide the Hotel, at least 15 calendar days before the start date of the Event, with a copy of the Event declaration receipt and a certificate of civil liability insurance covering the risks inherent in the Client's activity and the running of the Event, stating the limits and amounts of coverage. The Customer undertakes to restore the premises occupied to their original condition at its own expense.
ARTICLE 15. ACTIVITIES CARRIED OUT BY THE GUEST WITHIN THE HOTEL:
In the context of all activities carried out by the Customer within the Hotel, the latter undertakes to comply with all applicable rights, rules, and standards applicable to these activities. As such, the Customer guarantees compliance to the Hotel by providing it with the necessary supporting documents for the purposes of establishing such compliance. The Customer must include their company name on all items (documents, files, etc., without this list being exhaustive) that they produce directly or indirectly. Under no circumstances may Hotel staff participate in activities organized by the Customer.
ARTICLE 16. PAID ADMISSION:
The Client undertakes to declare in writing to the Hotel, at the same time as the accepted contract/quote and the payment of the deposit, its commitment to take full responsibility for collecting an entrance fee from Participants when the Event organized on the Hotel's premises involves a paid entrance fee. In this case, the admission fee must be collected by the Customer within the premises made available. Under no circumstances shall the Hotel staff be involved in collecting this fee.
ARTICLE 17. COPYRIGHT:
The Customer shall be personally responsible for any declarations and payment of any copyright fees, in particular to SACEM, SPRE or any other relevant authority, for the broadcasting of musical works and, more generally, the use of any intellectual works within the meaning of the Intellectual Property Code on the Hotel's premises. The Customer must provide the Hotel with the declaration made to any competent authority prior to the Event. The Customer guarantees the Hotel and any company belonging to the ACCOR group against any claim related to the use of these rights against the Hotel or any company belonging to the ACCOR group, and further undertakes to bear all related costs. The Customer is reminded that any broadcast of a sporting or other event in a meeting room is considered a public broadcast. Therefore, the Customer shall be personally responsible for obtaining the necessary authorizations from any company and/or collective management organization for copyright and related rights competent in this regard and shall be solely responsible for the payment of all fees payable for the broadcast of the sporting or other event. Furthermore, the Customer undertakes not to advertise the broadcast of this event within the spaces made available, nor to use the event commercially for its customers who are participating in the Event organized by the Customer.
ARTICLE 18. TRANSPORTATION:
It is specified that the Hotel does not provide any services related to the transportation of Participants. It cannot therefore be held liable for any problems or consequences resulting from this (absence, delay, cancellation, etc.).
ARTICLE 19. INSURANCE - DAMAGE - BREAKAGE - THEFT:
The Client is liable for any damage, including bodily injury, property damage, and intangible damage, for which it may be liable under this contract/quote, and in particular for damage and risks related to the exercise of its profession, its activity, and more generally, any damage caused to the Hotel, the Hotel's furniture, the Participants in its Event or the Hotel's Customers or external parties, arising from its actions, its activity and/or the equipment it has brought with it. In this context, the Client acts as guarantor for the Hotel and undertakes to act on its behalf in the event of any claim made by a Hotel guest, a Participant in its Event or a third party in relation to the performance of the contract/quote.
In all cases, the Client hereby indemnifies the Hotel and/or any company of the ACCOR Group against any liability action relating to its Event and the exercise of its activity or profession, and shall intervene in any legal action that may be brought in this regard by one of its contributors or Participants against the Hotel and/or any company of the ACCOR Group. The Customer shall bear the costs and payment of any compensation or penalties that may be claimed in this regard from the Hotel and/or any company of the ACCOR Group in connection with the signing, performance or termination of this contract/quote. The Customer must ensure the safekeeping of goods and equipment brought by themselves or the Participants during the Event, and must in particular ensure the supervision of personal belongings and cloakrooms. The Customer certifies that they are insured by a reputable insurance company to cover the financial consequences of their civil liability and, in particular, to cover damage and risks related to the exercise of their profession/activity and, more generally, any damage caused to the Hotel as a result of the execution of this contract/quote and their Event. The Client undertakes to maintain sufficient liability coverage for the entire duration of the Event.
The Customer is specifically invited to take out specific insurance in the event of the presence of large equipment or valuable property, as the Hotel cannot be held liable in the event of damage to or theft of such property, which remains exclusively under the supervision and custody of the Customer and the Event Participants. As the Hotel assumes no obligation to guard or supervise such equipment/property, the Customer is liable for all damage caused by them (in particular by Participants or their guests) and undertakes, in the event of damage to the premises made available, to bear the costs of repairing such premises. Under no circumstances shall the Hotel be held liable for damage of any kind, in particular fire or theft, that may affect objects or equipment deposited by the Client or Participants during the Event covered by this reservation and remaining under their exclusive supervision and custody. The Hotel assumes no obligation to guard or supervise such equipment/objects.
Similarly, any parcel, package, or other item delivered to the Hotel before and during the Event may be received by the Hotel, but under no circumstances shall the Hotel be liable for any incident, damage, incorrect number of parcels, damaged parcels, or delivery problems. In the event of a problem, the Customer undertakes to contact the supplier or carrier directly. It is specified that if the Customer wishes to use service providers for the organization of their Event, they must first obtain the Hotel's written consent. The Customer shall be solely liable for any damage that may be caused by the service providers they have brought into the Hotel. In the event of damage/deterioration caused by the service provider, the Hotel will send the Customer the invoice for the necessary repairs, and the Customer undertakes to pay this invoice within 7 working days of the date of issue, without any possibility of dispute.
ARTICLE 20. INTELLECTUAL PROPERTY:
The Customer undertakes not to reproduce, represent, adapt or modify in any way whatsoever the distinctive signs of ACCOR and/or the Hotel, in particular their brand, trade name or logo (hereinafter referred to as "Distinctive Signs"), unless expressly authorized in writing in advance by ACCOR and/or the Hotel. When ACCOR and/or the Hotel authorizes the Customer to use the Distinctive Signs, it or they remain the owners of these intellectual property rights, and this authorization cannot be interpreted as constituting a transfer of said rights to the Customer. The Customer undertakes to do so in accordance with moral rights and within the strict limits of the project for which this authorization has been granted, without creating the appearance of any affiliation with the Hotel and/or ACCOR. The Customer also undertakes to scrupulously comply with the graphic charter provided by ACCOR and/or the Hotel concerned, as well as all instructions for use. The Customer must submit any communication it intends to make referring to the Hotel to the Hotel for approval. If legal action is taken by a third party against the Customer for infringement of the Distinctive Signs covered by this authorization for use, the Customer must immediately inform the Hotel and ACCOR.
ARTICLE 21. CONFIDENTIALITY:
Each party undertakes not to disclose the confidential information of the disclosing party and to take precautions at least equivalent to those it takes to protect its own confidential information of a similar nature in order to preserve the confidentiality of the confidential information of the said party, being required, in any event, to make reasonable efforts in this regard. The parties agree that the quote is confidential, as is, without this list being considered exhaustive, any information relating to economic, technical, commercial, financial, or statistical elements, excluding information that was publicly known and disclosed prior to its acquisition and/or receipt by the party. For the purposes of this clause, each party is responsible for its staff and service providers as it is for itself. This clause shall survive the end, for any reason whatsoever, of the commercial relations between the parties for a period of 3 years.
ARTICLE 22. PERSONAL DATA:
The Client acknowledges that it has collected the Participants' data in accordance with the personal data protection regulations in force. The Client undertakes to collect and process the personal data of persons participating in the Event in a lawful, fair, and transparent manner; to process such data for specific and explicit purposes; and to keep such data accurate and up to date when communicated to the Hotel.
In order to manage room reservations for the Event, the Hotel will process the personal data of Participants registered on the "rooming list" provided for in Article 4, §1 of the GTC. The Hotel will act as data controller for this data and undertakes to comply with the applicable regulations on personal data protection. Participants may exercise their rights under the regulations by contacting the Hotel directly.
The Hotel is operated under a brand of the ACCOR group. Consequently, ACCOR and its affiliates may also independently process the personal data of Participants staying at the Hotel. ACCOR will use this personal data for the purposes and with the safeguards detailed in ACCOR's Personal Data Protection Charter, which is available on the website: https://all.accor.com/a/fr/information/data-protection.html
ARTICLE 23. CONDUCT OF THE EVENT:
If the Event poses a proven risk of harming the Hotel's operations, the safety of individuals, public order, or public morals, the Hotel reserves the right either to terminate this contract/quote without any compensation or damages being payable to the Hotel, or to require the Customer to arrange for a security service at their own expense. The Customer undertakes not to invite any person whose behavior is likely to cause damage to the Hotel, which reserves the right to intervene if necessary. The Customer may not bring in any drinks or food from outside, except in the case of a banquet and in accordance with the conditions of Article 28 below. The Customer undertakes to ensure that Participants and their guests comply with all the Hotel's instructions and regulations (in particular the ban on smoking in communal areas and all health rules required by the Hotel, the government, and/or local authorities). The Client shall ensure that Participants do not disrupt the operation of the Hotel or compromise the safety of the Hotel or the people within it. In the event that the Hotel suffers damage as a result of the Client or one of the Event Participants, it may seek compensation from the Client for the damage suffered. The Customer shall be obliged to compensate the Hotel for all acts of the Participants invited by them; it shall then be up to them to seek compensation from the Participant in question, if applicable. The Customer shall comply with all legal rules in all its external communications, in particular with regard to the location and content of messages disseminated. It shall therefore assume all the consequences thereof and indemnify the Hotel against any conviction in this regard. The Customer (including Participants or their guests) agrees and undertakes to use the room or rented spaces reasonably. Furthermore, any behavior contrary to good morals, public order, and internal regulations will result in the Hotel asking the Customer, Participants, and/or their guests concerned to leave the Hotel without any compensation and/or refund if payment has already been made. The Customer undertakes to remind Participants of the above obligations and guarantees that Participants will comply with all of them. 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 illegal use of IT resources, and to refrain from any action that could undermine the effectiveness of these measures.
ARTICLE 24. TERM OF OFFICE:
If the Customer contracts in the name and on behalf of a third party, they are deemed to have a legally valid mandate to do so. The Customer undertakes to inform the Hotel of the name of the end customer and the name of the event being organized. The Hotel may at any time ask the Customer to provide proof of their mandate and, in the absence of a valid mandate, may terminate the contract/quote without compensation and without prejudice to any damages that the Hotel may claim.
ARTICLE 25. LIABILITY:
The Customer undertakes to implement all health regulations requested by the Hotel, the government, and/or local authorities. No claims, requests for price reductions or requests for coverage may be made by the Customer. Hotels operating under an ACCOR Group brand are operated by companies that are legally separate from ACCOR and are not controlled by ACCOR. As such, they are solely responsible for the obligations set out in these GTC and in the contract/quote.
The Customer and/or the Hotel shall each be liable, in accordance with common law, for any breaches in the performance of their obligations under this contract/quote and the GTC. Under no circumstances shall the Hotel be liable for any indirect or unforeseeable damage that may result from the performance of its obligations hereunder. The photos presented on the websites representing the Hotels are not contractual. Although every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Hotels presented give as accurate an overview as possible of the services offered, variations may occur, in particular due to changes in furniture, possible renovations, or changes in the brand name. The Customer may not make any claim in this regard.
ARTICLE 26. TERMINATION CLAUSE:
In the event of total or partial breach by the Customer or the Hotel of one or more of the obligations incumbent upon them under the contract/quote and these GTC, the latter may be terminated, as of right, by the non-defaulting party one (1) month after sending the defaulting party a formal notice by registered letter with acknowledgment of receipt that has remained without effect.
In the event of repeated failure by the Customer or the Hotel to fulfill one or more of its obligations, or in the event of a breach of one or more of the obligations set out in Article 11-1 "Deposit," Article 22 "PERSONAL DATA," and/or Article 29 "ETHICS AND COMPLIANCE," either party may terminate the contract/quote and these GTC without prior notice by simply sending a registered letter with acknowledgment of receipt.
Termination does not exempt the defaulting party from fulfilling its contractual obligations until the termination takes effect, without prejudice to any recourse available to the other party. Any sums paid to the Hotel shall be retained, and any sums due shall be paid.
ARTICLE 27. UNFORESEEN CIRCUMSTANCES AND FORCE MAJEURE:
27.1/ Unforeseeability: The Hotel and the Customer agree to mutually waive the application of the provisions of Article 1195 of the Civil Code and related case law.
27.2/ Force majeure: In accordance with Article 1228 of the Civil Code, force majeure refers to an event beyond the control of the debtor that could not reasonably have been foreseen at the time of conclusion of the contract/quote and whose effects cannot be avoided by appropriate measures, preventing the debtor from fulfilling its obligation and recognized as such by the French courts. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the judicial termination of the quote/contract and these GTC. If the impediment is permanent, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 28. BANQUETS:
If the Customer wishes tobring their own drinks, a corkage fee will apply, which will be charged per bottle. It is reminded that children who may participate in the Event are the sole responsibility of their parents and/or the Customer. The Customer and/or Participants are not authorized to bring their own food to the Event, either in whole or in part. If they wish to take away any unconsumed food at the end of the banquet, they undertake to comply with the laws and regulations in force concerning food and beverages, their transport, hygiene and hygiene standards and, in general, with all requirements relating to catering, so that the Hotel cannot be held liable or prosecuted. The Customer undertakes to comply with all applicable rules relating to hygiene and the cold chain and to ensure that the premises are left in a perfectly clean condition. It is hereby specified that the Hotel accepts no responsibility for food brought in by the Customer and/or Participants.
ARTICLE 29. ETHICS AND COMPLIANCE:
Each Party shall comply with its respective code of conduct and all related policies it has developed to promote responsible and ethical business conduct and compliance with applicable laws and regulations, including, but not limited to, those relating to corruption, competition law, environmental protection, supply chain due diligence, and human and children's rights. The Hotel has adopted principles, standards, and commitments applicable to all hotels operated under an ACCOR Group brand in terms of Ethics, Corporate Social Responsibility, and compliance, the content of which is available on the ACCOR Group website. At the Hotel's request, the Customer shall provide it with any information justifying its own activities and commitments in terms of the environment, ethics, and compliance.
To the extent that a Party's code of conduct and/or related policies: (i) does not exist; or (ii) does not adequately address a specific substantive issue, then such Party agrees, to the satisfaction of the other Party, to perform its duties and obligations under the contract/quote and these GTC or with respect to the specific substantive issue, at all times, in compliance with applicable laws, and in the spirit and general compliance with the relevant principles of the other Party's code of conduct and related policies.
For the purposes of this clause, "material issue" means any event or set of circumstances that has or is reasonably likely to have a significant negative impact on a Party's ability to fulfill its obligations under the contract/quote and these GTC, or that would result in a breach of its legal, ethical, or reputational commitments to its stakeholders or the general public.
Each Party represents and warrants, on an ongoing basis, that: (i) neither it nor any of its controlling shareholders or beneficial owners is subject to sanctions or under investigation under any sanctions laws or regimes; and (ii) in performing its duties and obligations under the contract/quote and these GTC, it: a) complies with all applicable laws and regulations relating to corruption, competition law, environmental protection, supply chain due diligence, and the fair treatment of human beings and children; and (b) not engage in any activities or conduct that could cause the other Party to violate the laws or regulations mentioned in this clause, or that are applicable to the contract/quote and these GTC; and (iii) its use of any supplier, service provider, and/or subcontractor assisting it in the performance of its obligations under the contract/quote and these GTC must at all times be in accordance with the spirit of, and generally comply with, this clause and applicable laws.
For the purposes of this clause, "sanctions laws or regimes" include those that have a direct impact or direct application to a Party, including, but not limited to, those adopted by: the U.S. Office of Foreign Assets Control ("OFAC"); the U.S. Department of State; the U.S. Department of Commerce; the United Nations Security Council; the European Union (including any of its member states); and the United Kingdom.
Notwithstanding any other rights acquired under the contract/quote and these GTC, in the event of a breach by either Party of this clause, in its entirety or any of its provisions, the other Party may terminate the contract/quote and these GTC immediately and without incurring any liability for damages, penalties, or any other consequences arising from such termination, except with regard to obligations and liabilities that have fallen due or been incurred up to the date of termination.
ARTICLE 30. ASSIGNMENT OF THE CONTRACT:
These Terms and Conditions and the quote/contract to which they relate may not be transferred by the Customer without the prior consent of the Hotel.
ARTICLE 31. APPLICABLE LAW, MEDIATION, AND COMPETENT JURISDICTION:
The applicable law is French law. IN THE EVENT THAT THE CUSTOMER IS A MERCHANT AND IN THE EVENT OF A DISPUTE THAT CANNOT BE RESOLVED AMICABLY, THE COMPETENT COURTS SHALL BE THOSE OF THE LOCATION OF THE HOTEL'S HEAD OFFICE.
In the event that the Customer is a consumer and the dispute cannot be resolved amicably within 60 days of the written complaint being sent to the Hotel, the Customer is informed of their right to refer the matter to a mediator. This is the Tourism and Travel Mediator for hotels managed by a company in the ACCOR group and for franchised hotels that have decided to use this service. Further information (contact details, referral procedures, etc.) concerning this mediator is available on the website https://all.accor.com.
Leisure groups series.
ARTICLE 1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE:
These general terms and conditions of sale (hereinafter "GTC") for Groups are reserved for tourism professionals, including tour operators, wholesalers and receptive agencies, travel agents, and coach operators (hereinafter referred to as "Customer") for customers traveling exclusively for personal/tourist purposes (hereinafter referred to as "Participants").
These GTC are granted to the Customer for the purposes of their business on the express and decisive condition that the Hotel agrees that the accommodation services (hereinafter "Services") provided by the hotel referred to in the attached contract/quote (hereinafter referred to as the "Hotel") are included in packages, within the meaning of Directive (EU) 2015/2302 (hereinafter referred to as "Package"), also consisting of at least one additional service (such as transport, transfer, etc.) whose value represents at least 25% of the price.
The Services must be presented as a Package in all marketing materials presented and/or produced by the Customer, regardless of the medium, whether paper brochures, films, the Internet, etc., without this list being exhaustive. In any event, the Client shall refrain from communicating, directly or indirectly, in any manner whatsoever (paper, telephone, Internet, etc.), the rates it benefits from under this agreement, and undertakes, in the event of indirect sale, to have this obligation taken over by its co-contractor. These rates are not commissionable.
This contract is a personal contract . The Customer undertakes to comply with and ensure that its intermediaries comply with all of its obligations arising from the signing of a contract/quote and these GTC, this obligation being considered an obligation of result.
Any terms and conditions or contractual documents of the Customer that have not been expressly accepted in writing by the Hotel are excluded from the scope of the contract. The Customer undertakes to communicate to the Participants in the stay the provisions of the GTC that are directly applicable to them and guarantees their compliance with these provisions throughout the duration of the stay with regard to the Hotel.
ARTICLE 2. DURATION:
The contractual relationship shall take effect upon receipt by the Hotel of a copy of the contract/quote and these GTC, duly signed by an authorized representative of the Customer and the Hotel, and shall automatically terminate on the date of the last fulfillment of the obligations provided for in the contract/quote and these GTC, without tacit renewal or automatic renewal being possible.
ARTICLE 3. GROUP RATES:
Group rates apply provided that all of the following conditions are met: (i) a minimum of 15 people arriving at and departing from the Hotel together; (ii) the same services for all Participants per stay; (iii) a single invoice; and (iv) a minimum of 5 dates of stay determined in advance at the time of booking with the Hotel.
Within the scope of these GTC, the term Package includes overnight accommodation and breakfast, combined with an additional service representing at least 25% of the price. The rates agreed are confidential.
In the event that the Participant stays at the Hotel for reasons other than personal/leisure, the Hotel reserves the right to charge the Participant the public rate displayed in the Hotel on the date of the stay. It is the Customer's responsibility to ensure that Participants comply with this clause. The rates indicated in euros are exclusive of tax, per person, per night. Unless otherwise agreed in the contract/quote, they do not include breakfast, tourist tax, and additional departmental and/or regional tourist tax. The rates appearing on the contract/quote are given for a period running up to an option date before which the Customer must confirm their reservation with the Hotel. After this period, they are subject to change. The VAT rate and/or any other tax applied to the rates in the contract/quote, whether these are expressed excluding VAT and/or including VAT, will be the rate in force on each billing date. The applicable rates are then those in force on the day of the stay. They will be modified in the event of legislative and/or regulatory changes that may lead to price variations, such as: modification of the applicable VAT rate, introduction of new taxes, modification of an existing tax, etc. If, during the period leading up to confirmation, the order (number of rooms and/or persons and/or additional services, etc.) is at least 10% lower than the initial contract/quote, or if the dates and/or duration of the stay differ from the initial request, the Hotel will propose a new price offer.
ARTICLE 4. MODIFICATION OF SERVICES:
Any request to modify the services provided for in the accepted contract/quote must be sent in writing to the Hotel and will be invoiced. The Hotel may refuse the request at any time without justification. If the Hotel does not respond in writing within 8 working days of receiving the request, the terms and conditions of the contract/quote will apply. In this case, the Hotel shall not be liable for any compensation.
Any change to the quote/contract shall be considered a total or partial cancellation, which shall result in the application of Article 7 below. If the number of Participants exceeds the number indicated in the contract/quote, the availability of rooms will only be confirmed by written and express agreement by the Hotel, subject to the availability of other rooms and after receipt of the additional guarantee corresponding to the difference in the reservation. In the event of unavailability, the terms and conditions of the contract/quote shall apply.
ARTICLE 5. NOMINATIVE LIST OF PARTICIPANTS:
The Client undertakes to send the Hotel a written list of the names of the Participants no later than 15 days before the scheduled arrival date of each group.
ARTICLE 6. AVAILABILITY OF ROOMS:
Reserved rooms are available to Participants from 3:00 p.m. on the day of arrival. Rooms must be vacated by 12:00 p.m. on the day of departure. Any delay will result in an additional night being charged at the published rate.
In the event that the number of Participants is lower than the number specified in the contract/quote or last accepted by the Hotel, the Customer may be assigned rooms other than those initially planned, for reasons inherent to the management of the establishment. Similarly, it is expressly stipulated that the Customer may not take action against the Hotel and/or claim damages in the event that work (including any type of renovation, maintenance, etc.) takes place, during all or part of the Services, within or outside the Hotel.
ARTICLE 7. CANCELLATION:
Any cancellation, whether total or partial, must be sent to the Hotel in writing.
1/Total cancellation of the Series: The following are considered total cancellations and are subject to the cancellation conditions and fees defined below:
- cancellation of all of the group's performances,
- changes to the dates of the group's performances,
- Cancellation equal to 50% or more of the number of rooms per night, the number of Participants per day/person, and/or the total amount of the contract/quote. A new contract/quote with new pricing conditions will be offered by the Hotel for the percentage that remains confirmed for a cancellation equal to or greater than 50%.
- failure to pay the financial guarantee defined in Article 12 below.
- Any stay that has begun but is interrupted, regardless of the reason for the interruption. In this case, the full price including tax for the entire stay/service agreed upon will be charged without any possibility of recourse by the Customer.
In the event of failure to meet the payment deadlines set forth herein, the Hotel shall be entitled to cancel the series and require the Customer to immediately pay the balance for each group, with payment to be received by the Hotel within 7 business days of the date of the Hotel's written request. If payment is not received within this period, the group will be considered definitively canceled at the Customer's sole expense and the Hotel may claim damages in addition to the cancellation fees indicated above.
In the event of total cancellation of the contract/quote by the Customer less than 45 calendar days before the arrival of the first visit in the series, the Hotel will charge cancellation fees corresponding to the turnover including tax represented by 2 visits .
The Customer undertakes to pay the cancellation fees due within 7 working days of notification of cancellation, without prejudice to any damages that may be claimed by the Hotel in addition.
2/ Partial cancellation: A partial cancellation corresponds to a reduction in the amount of the contract/quote, regardless of the reason, for a specific stay: reduction in the number of stays, the length of stay, reduction of less than 50% in the number of rooms/people and/or additional services ordered, or the total amount of the contract/quote.
In the event of partial cancellation of the contract/quote by the Customer, the cancellation fees for the relevant leg(s) of the journey will be as follows:
If the total number of partial cancellations made by the Customer, regardless of the notice period, is equal to or greater than 50% of the number of rooms/people and/or ancillary services ordered and/or the total amount of the contract/quote, this will be considered a total cancellation and the cancellation fees for a total cancellation will apply. The Customer undertakes to pay the cancellation fees due in the event of a partial cancellation within 7 working days of notification of the cancellation as compensation. In the event of a group stay during an exceptional period (trade shows, New Year's Day, etc.), specific terms and conditions of sale may apply. If the number of Participants falls below 15 as a result of a partial cancellation, the Hotel reserves the right to apply its published public rates.
3/ Late arrival: In the event of late arrival, after the restaurant has closed, any meals not served will be charged.
4/ Revision of conditions: The above cancellation conditions may be adapted according to the operational requirements of the Hotel and/or the exceptional or complex nature of the stay, in accordance with terms to be agreed between the Hotel and the Customer.
ARTICLE 8. NO-SHOWS:
In the event of no cancellation/modification and failure to show up on the date scheduled for the start of the service (hereinafter: "No-Show(s)"), the Hotel will charge the Customer 100% of the total amount including tax for the services reserved, for the entire duration of the stay/service. The Customer undertakes to pay these sums in accordance with the terms and conditions set out in the contract/quote or in Article 11 below.
ARTICLE 9. EVICTION:
In the event of unavailability of the Hotel, in the event of force majeure, technical problems in the Hotel, construction work, or for any other reason, the Hotel will make every effort to accommodate Participants in whole or in part in a hotel of equivalent category, with all costs associated with the transfer remaining the responsibility of the Hotel (except in cases of force majeure), which cannot be held liable for payment of any additional compensation or a request for a price reduction.
ARTICLE 10. UNFORESEEN CIRCUMSTANCES AND FORCE MAJEURE
10.1/Unforeseeability: The Hotel and the Customer agree to mutually waive the application of the provisions of Article 1195 of the Civil Code and related case law.
10.2/ Force majeure: In accordance with Article 1218 of the Civil Code, force majeure refers to an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract/quote and whose effects cannot be avoided by appropriate measures, preventing the debtor from fulfilling their obligation and recognized as such by the French courts. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the judicial termination of the quote/contract and these GTC. If the impediment is permanent, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 11. TERMS OF PAYMENT
1/ Payment deadline: The total amount including tax for each stay must be received by the Hotel in its bank account no later than 7 business days before the arrival of each group. An invoice will then be issued to the Customer confirming payment.
It is agreed that these sums do not bear interest. Similarly, early payment will not be eligible for a discount.
In the absence of payment as defined above, the Hotel reserves the right to cancel the reservation for the stay in question as well as all subsequent stays. Any cancellation due to non-payment will be considered a total cancellation and will result in the application of Article 7 above. The granting of a payment extension is subject to the Customer providing additional security at least equal to the outstanding amount, in accordance with the terms and conditions of Article 12 below. No additional payment extension will be granted.
2/ Minimum billing amount: The minimum unit billing amount charged by the Hotel is €300 excluding tax. Any billing amount below this threshold may result in the application of administrative fees amounting to a minimum of €40 excluding tax per invoice.
3/ Payment methods and currency: Only bank transfers or credit card payments, or failing that, bank checks issued by a bank established in the country of the Hotel or cash (within the legal limit) are accepted. In cases where the means of payment involves costs to be borne by the Hotel, the latter must expressly accept the said means of payment in the contract/quote. In the event of payment by bank transfer, bank charges will be added to the total amount of the quote/contract, and the amount of the charges to be invoiced to the Customer will be specified on the quote/contract. Payments are made in euros.
4/ Electronic billing The Customer agrees that the Hotel may send them invoices electronically via the platform chosen by the Hotel.
5/ Extras: Payment for any services not included in the quote/contract (e.g., laundry, minibar, telephone, etc.) that are ordered individually by one or more Participants shall be made directly by the Participant(s) at the Hotel reception desk before the group's departure. The Customer undertakes to ensure compliance with this rule. The Hotel declines all responsibility for the consequences of a delayed departure due to this payment.
Upon arrival of the group, the Hotel reserves the right to request a credit card imprint from the tour leader and/or credit cards from each Participant, or, failing that, a deposit at reception.
In the absence of payment for the services indicated above, the invoice will be sent to the Customer, who undertakes to pay it within seven working days of its date of issue. In the event that individual payments are planned, any unpaid amount may be deducted from the excess amount of the guarantee paid by the Customer, with the balance being returned to the Customer.
6/ Failure to pay: Even in the event of a dispute, complaint, or disagreement regarding all or part of an invoice, the Customer undertakes to pay it without delay. In the event of failure to pay by the contractual due date, late payment penalties shall be due from the day after the invoice due date at a rate of 15% per annum, applied to the total amount of the invoice including tax. In addition, a fixed penalty of €40 per debt will be payable from the day after the invoice due date, to which will be added additional compensation to cover all costs incurred in the event of debt collection proceedings. In addition, any incident will render immediately payable all outstanding amounts owed by the Customer in respect of invoices issued by the Hotel under the contract/quote.
7/ Changes to billing/payment terms: Any special provisions in the contract/quote that deviate from the billing/payment terms set out in this article, as well as any subsequent requests to change these terms, must be submitted to the Hotel for formal approval, which will be given in writing and will result in an additional billing fee for administrative costs. These fees amount to 3% of the total amount of the stay, including tax, with a minimum charge of €40 excluding tax.
ARTICLE 12. FINANCIAL GUARANTEES:
In order to guarantee the reservation of the series, and where applicable, payment of the outstanding amount relating to the services as defined in the contract/quote, the Customer agrees to provide the Hotel with a guarantee as defined below. The outstanding amount is defined as an amount agreed upon by both Parties, corresponding to the amount of unpaid invoices from the invoice date until the actual receipt of payment in the Hotel's bank account.
The security deposit or "floating deposit": This security deposit amounts to the sum indicated in the special conditions set out in the contract/quote. As this deposit is a substantial and decisive condition for the conclusion of the contract/quote, the latter will only take effect after the security deposit has been received. This amount will be paid into the account indicated in the special conditions of the contract/quote. This sum, which is legally considered a "cash deposit," will be retained by the Hotel in the event of non-payment by the Customer of the sums due under the contract/quote. In the event of non-payment, the Hotel will have the right to call into question the agreed payment deadlines and terms and to require prepayment for services. Furthermore, failure to pay any one of the agreed installments will render the entire debt payable. This deposit will be refunded to the Customer at the end of the contract after the accounts between the Parties have been settled. It is expressly agreed that this sum will not bear interest.
Bank guarantee or first demand guarantee: This guarantee amounts to the sum specified in the special conditions set out in the contract/quote. The terms and conditions of the guarantee will be identical to those set out for the security deposit. This guarantee must be taken out for a period of validity equivalent to the duration of the contract plus two months. As this guarantee is a substantial and decisive condition for the conclusion of the contract/quote, the latter will only take effect after the original copy of the guarantee has been submitted, duly completed and accompanied by the signatory's authorization.
ARTICLE 13. MULTIPLE RESERVATIONS:
The Customer agrees not to enter into multiple contracts/quotes for the same group with multiple Hotels. Failure to do so may result in the Hotel terminating the contract/quote unilaterally, without compensation to the Customer.
ARTICLE 14. HOTEL STAY:
The consumption of food and beverages other than those provided by the Hotel is prohibited. The Hotel may cease providing its services if the Participants in the group interfere with the proper functioning of the Hotel or if they jeopardize the reputation or security of the Hotel. In the event of damage to the premises made available, the Customer shall bear all repair costs. Consequently, the Customer shall ensure that Participants do not disrupt the operation of the Hotel or compromise the safety of the Hotel and the people within it. The Customer undertakes to ensure that Participants and their guests comply with all the Hotel's instructions and regulations (in particular the ban on smoking in communal areas and all health rules required by the Hotel, the government, and/or local authorities). In the event that the Hotel suffers damage as a result of the actions of the Customer or one of the Participants, it may seek compensation from the Customer for the damage suffered. The Customer shall be obliged to compensate the Hotel for all acts of the Participants invited by them; it shall then be up to them to seek compensation from the Participant in question, if applicable. The Customer shall comply with all legal rules in all their external communications, in particular with regard to the location and content of messages disseminated. They shall therefore assume all the consequences thereof and indemnify the Hotel against any conviction in this regard. The Customer (including Participants or their guests) agrees and undertakes to use the room reasonably. Any behavior contrary to good morals, public order, and internal regulations will result in the Hotelier asking the Customer and/or Participants concerned to leave the Hotel without any compensation and/or refund if payment has already been made.
The Client therefore undertakes to remind Participants of the above obligations and guarantees that Participants will comply with them.
The Customer is required to comply with the security policy of the Hotel's internet service provider, including the rules governing the use of security measures implemented to prevent the illegal use of IT resources, and to refrain from any action that could undermine the effectiveness of these measures.
ARTICLE 15. PHOTOGRAPHIC REPORTING – FILMING OR REPORTING:
The Customer is personally responsible for obtaining all authorizations that may be necessary in connection with a photo shoot or film or video shoot (hereinafter "Content"), including the written consent of the Hotel or of each of the individuals (customers, employees, and third parties) who will be filmed and/or photographed, and/or whose comments will be recorded during the filming and/or report. The Customer guarantees the Hotel and any company in the ACCOR group against any claim related to the use and/or distribution of these reports against the Hotel, ACCOR, and any company in the ACCOR group, and further undertakes to bear all related costs. The Customer also undertakes to verify, prior to any publication/online posting of the Content, that it does not damage the image of the Hotel and/or the ACCOR group, failing which the Customer may be held liable.
ARTICLE 16. INSURANCE – DAMAGE – BREAKAGE – THEFT:
The Customer is liable for any damage, including bodily injury, property damage, and consequential damage, for which they may be responsible under this contract, and in particular for damage and risks related to the exercise of their profession, their activity, and more generally, any damage caused to the Hotel, the Hotel's furniture, the Participants in the stay, or the Hotel's customers or external customers, arising from their actions, his/her activity and/or the equipment he/she has brought with him/her.
In this context, the Client acts as guarantor for the Hotel and undertakes to act on its behalf in the event of any claim made by a guest of the Hotel, a Participant in the stay, or a third party in relation to the performance of the contract/quote.
In all cases, the Customer hereby indemnifies the Hotel and/or any company in the ACCOR group against any liability claims relating to the stay and the exercise of its activity or profession, and shall intervene in any legal proceedings that may be brought on this basis by one of its representatives or Participants against the Hotel and/or any company in the ACCOR group. The Customer shall bear the costs and payment of any compensation or penalties that may be claimed in this regard from the Hotel and/or any company in the ACCOR group in connection with the signing, performance or termination of this contract/quote.
The Customer undertakes to take out and maintain the insurance necessary for the exercise of its activity, in order to preserve the Hotel's brand image in the event of incidents occurring during the marketing or execution of the Customer's packages and in which the Hotel may be involved.
The Customer certifies that they are insured with a reputable insurance company to cover the financial consequences of their civil liability and, in particular, to cover damage and risks related to the exercise of their profession/activity and, more generally, any damage caused to the Hotel as a result of the performance of this contract/quote and the stay. They undertake to maintain sufficient liability coverage for the entire duration of the Hotel services. The Customer is in particular invited to take out specific insurance in the event of the presence of large equipment or valuable goods, as the Hotel cannot be held liable in the event of damage to or theft of such goods, which remain exclusively under the supervision and custody of the Customer and the Participants in the stay. The Hotel does not assume any obligation to guard or supervise such equipment/property. The Customer is liable for all damage caused by them (in particular by the Participants) and undertakes, in the event of damage to the premises made available, to bear the costs of repairing such premises. Under no circumstances shall the Hotel be held liable for damage of any kind, in particular fire or theft, that may affect objects or equipment left by the Customer or Participants during the stay covered by this reservation and which remained under their exclusive supervision and custody. The Hotel assumes no obligation to guard or supervise such equipment/objects. Similarly, the Hotel declares that it has insurance covering its activity.
Any parcel, package, or other item delivered to the Hotel before and during the group's stay may be received by the Hotel, but under no circumstances shall the Hotel 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.
It is specified that if the Customer wishes to engage service providers for the organization of the stay, they must first obtain the Hotel's written consent. The Customer shall be solely liable for any damage that may be caused by the service providers they have engaged in the Hotel. In the event of damage/deterioration caused by the service provider, the Hotel will send the Customer the invoice for the necessary repairs; the Customer undertakes to pay this invoice within 7 working days of the date of issue, without any possibility of dispute.
ARTICLE 17. TRANSPORTATION:
It is specified that the Hotel does not provide any services related to the transportation of Participants. It cannot therefore be held liable for any problems or consequences resulting from this (delays, cancellations, etc.).
ARTICLE 18. INTELLECTUAL PROPERTY:
The Customer undertakes not to reproduce, represent, adapt or modify in any way whatsoever the distinctive signs of ACCOR and/or the Hotel, in particular their brand, trade name or logo (hereinafter referred to as "Distinctive Signs"), unless expressly authorized in writing in advance by ACCOR and/or the Hotel. When ACCOR and/or the Hotel authorizes the Customer to use the Distinctive Signs, it or they remain the owners of these intellectual property rights, and this authorization cannot be interpreted as constituting a transfer of said rights to the Customer. The Customer undertakes to do so in accordance with moral rights and within the strict limits of the project for which this authorization has been granted, without creating the appearance of any affiliation with the Hotel and/or ACCOR. The Client also undertakes to scrupulously comply with the graphic charter provided by ACCOR and/or the Hotel concerned, as well as all instructions for use. The Customer must submit for approval to the Hotel any communication it intends to make referring to the Hotel and/or ACCOR. If legal action is brought by a third party against the Customer for infringement of the Distinctive Signs covered by this authorization for use, the Customer must inform the Hotel and ACCOR without delay.
ARTICLE 19. CONFIDENTIALITY:
Each party undertakes not to disclose the confidential information of the disclosing party and to take precautions at least equivalent to those it takes to protect its own confidential information of a similar nature in order to preserve the confidentiality of the confidential information of the said party, being required, in any event, to make reasonable efforts in this regard. The parties agree that the Contract/Quotation is confidential, as is, without this list being considered exhaustive, any information relating to economic, technical, commercial, financial, or statistical elements, excluding information that was publicly known and disclosed prior to its acquisition and/or receipt by the party. For the purposes of this clause, each party is responsible for its staff and service providers as it is for itself. This clause shall survive the termination, for any reason whatsoever, of the commercial relations between the parties for a period of three years.
ARTICLE 20. PERSONAL DATA:
The Customer acknowledges that it has collected the Participants' data in accordance with the personal data protection regulations in force. The Customer undertakes to collect and process the Participants' personal data in a lawful, fair, and transparent manner; to keep it accurate and up to date when communicated to the Hotel.
In order to manage room reservations, the Hotel is required to process the personal data of Participants listed on the "Nominal List of Participants" provided for in Article 5 of the GTC. The Hotel will act as data controller for this data and undertakes to comply with the applicable regulations on personal data protection. Participants may exercise their rights under the regulations by contacting the Hotel directly.
The Hotel is operated under a brand of the ACCOR group. Consequently, ACCOR and its affiliates may also independently process the personal data of Participants staying at the Hotel. ACCOR will use this personal data for the purposes and with the safeguards detailed in Accor's Personal Data Protection Charter, which is available on the website: https://all.accor.com/a/fr/information/data-protection.html
ARTICLE 21. TERMINATION CLAUSE:
In the event of total or partial breach by the Customer or the Hotel of one or more of the obligations incumbent upon them under the contract/quote and these GTC, the latter may be terminated, as of right, by the non-defaulting party one (1) month after sending the defaulting party a formal notice by registered letter with acknowledgment of receipt that has remained without effect.
In the event of repeated failure by the Customer or the Hotel to fulfill one or more of its obligations, or in the event of a breach of one or more of the obligations set out in Article 20 "PERSONAL DATA" and/or Article 24 "ETHICS AND COMPLIANCE," each Party may terminate the contract/quote and these GTC without prior notice by simply sending a registered letter with acknowledgment of receipt.
Termination does not exempt the defaulting party from fulfilling its contractual obligations until the termination takes effect, without prejudice to any recourse available to the other party. Any sums paid to the Hotel shall be retained, and any sums due shall be paid.
ARTICLE 22. MANDATE:
If the Customer contracts on behalf of and for the account of a third party, they are deemed to have a legally valid mandate to do so. The Customer undertakes to inform the Hotel of the name of the end customer. The Hotel may at any time ask the Client to provide proof of this mandate and, in the absence of a valid mandate, may terminate the contract/quote without compensation and without prejudice to any damages that the Hotel may claim.
ARTICLE 23. LIABILITY:
The Customer undertakes to implement all health regulations requested by the Hotel, the government, and/or local authorities. No claims, requests for price reductions or requests for coverage may be made by the Customer. Hotels operating under an ACCOR Group brand are operated by companies that are legally separate from ACCOR and are not controlled by ACCOR. As such, they are solely responsible for the obligations set out in these GTC and in the contract/quote. The Customer and/or the Hotel shall each be liable, in accordance with common law, for any failure to perform their obligations under the contract/quote and these GTC. Under no circumstances shall the Hotel be liable for any indirect or unforeseeable damage that may result from the performance of its obligations hereunder. The photos presented on the websites representing the Hotels are not contractual. Although every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Hotels presented give as accurate a picture as possible of the services offered, variations may occur, in particular due to changes in furniture, renovations, or changes in the brand name. The Customer may not make any claim on this basis.
ARTICLE 24. ETHICS AND COMPLIANCE:
Each party shall comply with its respective code of conduct and all related policies it has developed to promote responsible and ethical business conduct and compliance with applicable laws and regulations, including, but not limited to, those relating to corruption, competition law, environmental protection, supply chain due diligence, and human and children's rights. The Hotel has adopted principles, standards, and commitments applicable to all hotels operated under an ACCOR Group brand in terms of Ethics, Corporate Social Responsibility, and compliance, the content of which is available on the ACCOR Group website. At the Hotel's request, the Customer shall provide it with any information justifying its own activities and commitments in terms of the environment, ethics, and compliance.
To the extent that a party's code of conduct and/or related policies: (i) does not exist; or (ii) does not adequately address a specific material issue, then such party agrees, to the satisfaction of the other party, to perform its duties and obligations under the contract/quote and these GTC or with respect to the specific material issue, at all times, in compliance with applicable laws, and in the spirit and general compliance with the relevant principles of the other party's code of conduct and related policies.
For the purposes of this clause, "material issue" means any event or set of circumstances that has or is reasonably likely to have a significant negative impact on a party's ability to fulfill its obligations under the contract/quote and these GTC, or that would result in a breach of its legal, ethical, or reputational commitments to its stakeholders or the general public. (d) Each party represents and warrants, on an ongoing basis, that: (i) neither it nor any of its controlling shareholders or beneficial owners is subject to sanctions or under investigation under any sanctions laws or regimes; and (ii) in performing its duties and obligations under the contract/quote and these GTC, it: a) complies with all applicable laws and regulations relating to corruption, competition law, environmental protection, supply chain due diligence, and the fair treatment of human beings and children; and (b) shall not engage in any activities or conduct that could cause the other party to violate the laws or regulations mentioned in this clause, or that are applicable to the contract/quote and these GTC; and (iii) its use of any supplier, service provider, and/or subcontractor assisting it in the performance of its obligations under the contract/quote or these GTC must at all times be in accordance with the spirit of, and generally comply with, this clause and applicable laws.
For the purposes of this clause, "sanctions laws or regimes" include those that have a direct impact or direct application to a party, including, but not limited to, those adopted by: the U.S. Office of Foreign Assets Control ("OFAC"); the U.S. Department of State; the U.S. Department of Commerce; the United Nations Security Council; the European Union (including any of its member states); and the United Kingdom.
Notwithstanding any other rights acquired under the contract/quote and these GTC, in the event of a breach by either party of this clause, in its entirety or any of its provisions, the other party may terminate the contract/quote and these GTC immediately and without incurring any liability for damages, penalties, or any other consequences arising from such termination, except with regard to obligations and liabilities that have fallen due or been incurred up to the date of termination.
ARTICLE 25. ASSIGNMENT OF THE CONTRACT:
The GTC and the quote/contract to which they relate may not be transferred by the Customer without the prior, express, and written consent of the Hotel.
ARTICLE 26. APPLICABLE LAW AND COMPETENT JURISDICTION:
The applicable law is French law. Any complaints from the Customer must be addressed exclusively to the Hotel. IN THE EVENT OF A DISPUTE THAT CANNOT BE RESOLVED AMICABLY, THE COMPETENT COURTS SHALL BE THOSE OF THE LOCATION OF THE HOTEL'S REGISTERED OFFICE.
Occasional leisure groups.
ARTICLE 1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE:
These general terms and conditions of sale (hereinafter " GTC") Groups are reserved for tourism professionals, including tour operators, wholesalers and receptive agencies, travel agents, and coach operators (hereinafter referred to as "Customer") for customers traveling exclusively for personal/tourist purposes (hereinafter referred to as "Participants").
These GTC are granted to the Customer for the purposes of their business on the express and decisive condition that the Hotel agrees that the accommodation services (hereinafter "Services") provided by the hotel referred to in the attached contract/quote (hereinafter "Hotel") are included in packages within the meaning of Directive (EU) 2015/2302 (hereinafter "Package") also consisting of at least one additional service (such as transport, transfer, etc.) whose value represents at least 25% of the price.
The Services must be presented as a Package in all marketing materials presented and/or produced by the Customer, regardless of the medium, whether paper brochures, films, the Internet, etc., without this list being exhaustive. In any event, the Client shall refrain from communicating, directly or indirectly, in any manner whatsoever (paper, telephone, Internet, etc.), the rates it benefits from under this agreement, and undertakes, in the event of an indirect sale, to have this obligation taken over by its co-contractor. It is hereby specified that these rates are not commissionable.
This contract is a personal contract. The Customer undertakes to comply with and ensure that its intermediaries comply with all of its obligations arising from the signing of a contract/quote and these GTC, this obligation being considered an obligation of result.
Any terms and conditions or contractual documents of the Customer that have not been expressly accepted in writing by the Hotel are excluded from the scope of the contract. The Customer undertakes to communicate to the Participants in the stay the provisions of the GTC that are directly applicable to them and guarantees their compliance with these provisions throughout the duration of the stay with regard to the Hotel.
ARTICLE 2. DURATION:
The contractual relationship shall take effect upon receipt by the Hotel of a copy of the contract/quote and these GTC duly signed by an authorized representative of the Customer and the Hotel, and shall automatically terminate on the date of the last fulfillment of the obligations provided for in the contract/quote and these GTC, without tacit renewal or automatic renewal being possible.
ARTICLE 3. GROUP RATES:
Group rates are applicable provided that all of the following conditions are met: (i) a minimum of 15 people arriving at and departing from the Hotel together; (ii) the same services for all Participants; and (iii) a single invoice. Within the framework of these GTC, the term "Package" includes overnight accommodation and breakfast, combined with an additional service representing at least 25% of the price. The rates granted are confidential.
In the event that the Participant stays at the Hotel for reasons other than leisure, the Hotel reserves the right to charge the Participant the public rate displayed in the Hotel on the date of the stay. It is the Customer's responsibility to ensure that Participants comply with this clause. The rates indicated in euros are exclusive of tax, per person, per night. Unless otherwise agreed in the contract/quote, they do not include breakfast, tourist tax, and any additional departmental and/or regional tax on tourist tax.
The rates appearing on the contract/quote are given for a period running until an option date before which the Customer must confirm their reservation with the Hotel. After this period, they are subject to change. The VAT rate and/or any other tax applied to the rates in the contract/quote, whether these are expressed excluding VAT and/or including VAT, will be the rate in force on each billing date. The applicable rates are therefore those in force on the day of the stay.
They will be modified in the event of legislative and/or regulatory changes that may lead to price variations, such as: changes to the applicable VAT rate, the introduction of new taxes, changes to existing taxes, etc.
If, during the period leading up to confirmation, the order (number of rooms and/or persons and/or additional services, etc.) is at least 10% less than the initial contract/quote, or if the dates and/or length of stay differ from the initial request, the Hotel will propose a new price offer.
ARTICLE 4. MODIFICATION OF SERVICES:
Any request to modify the Services in relation to the accepted contract/quote must be sent in writing to the Hotel and will be invoiced. The Hotel may refuse the request at any time without justification. If the Hotel does not respond in writing within 8 working days of receiving the request, the terms and conditions of the contract/quote shall apply. In this case, the Hotel shall not be liable for any compensation.
Any modification to the quote/contract will be considered a total or partial cancellation of the reservation, which will result in the application of Article 7 below. If the number of Participants exceeds the number indicated on the contract/quote, the availability of rooms will only be confirmed by written and express agreement by the Hotel, subject to the availability of other rooms and after receipt of the additional deposit corresponding to the difference in the reservation. In the event of unavailability, the terms and conditions of the contract/quote will apply.
ARTICLE 5. AVAILABILITY OF ROOMS:
The Customer undertakes to send the Hotel a written list of the names of the Participants no later than 15 days before the group's scheduled arrival date. The reserved rooms will be availableto Participants from 3:00 p.m. on the day of arrival. Rooms must be vacated by 12:00 noon on the day of departure. Any delay will result in the billing of an additional night at the published public rate. In the event that the number of Participants is lower than the number specified in the contract/quote or last accepted by the Hotel, the Customer may be assigned rooms other than those initially planned, for reasons inherent to the management of the Hotel. Similarly, it is expressly stipulated that the Customer may not take action against the Hotel and/or claim damages in the event that work (including any type of renovation, maintenance, etc.) takes place, during all or part of the Services, within or outside the Hotel.
ARTICLE 6. FREE OF CHARGE:
The Hotel undertakes to grant at least one free room on a B&B basis charged as a twin room, for every 20 paying Participants (maximum 4 twin rooms).
ARTICLE 7. CANCELLATION:
Any cancellation, whether total or partial, must be sent to the Hotel in writing.
1/ Total cancellation: The following are also considered total cancellations and are subject to the cancellation conditions and fees set out below:
- changes to the group's dates of stay and/or failure to pay deposits within the contractual deadlines
- Cancellation equal to 50% or more of the number of rooms per night, the number of Participants per day/person, and/or the total amount of the contract/quote. A new contract/quote with new pricing conditions will be proposed by the Hotel for the percentage that remains confirmed for a cancellation equal to or greater than 50%.
- any stay that has begun but is interrupted, regardless of the reason for the interruption. In this case, the full price including tax for the entire agreed stay will be charged without any possibility of recourse by the Customer.
-In the event of failure to meet the payment deadlines set forth herein, the Hotel shall be entitled to cancel the group booking and require the Customer to pay the balance of the group booking immediately, with payment to be received by the Hotel within 7 business days of the date of the Hotel's written request. If payment is not received within this period, the group will be considered definitively canceled at the Customer's sole fault and the Hotel may claim, in addition to payment of the balance or the full price, damages for the loss suffered.
In the event of total cancellation of the contract/quote by the Customer, cancellation fees will be charged and calculated as follows:
The Customer undertakes to pay the cancellation fees due within 7 working days of notification of cancellation, without prejudice to any damages that may be claimed by the Hotel in addition.
2/ Partial cancellation: A partial cancellation corresponds to a reduction in the amount of the contract/quote, regardless of the reason: reduction in the length of the group's stay, reduction of less than 50% in the number of rooms/people and/or ancillary services ordered, or reduction in the total amount of the contract/quote.
In the event of partial cancellation of the contract/quote by the Customer, the cancellation fees, calculated according to the date on which the cancellation notice is received, will be as follows:
The Customer agrees to pay the cancellation fees due in the event of partial cancellation within 7 business days of notification of cancellation as compensation.
If the total number of partial cancellations made by the Customer, regardless of the notice period, is equal to or greater than 50% of the number of rooms/people and/or ancillary services ordered and/or the total amount of the contract/quote, this will be considered a total cancellation and the cancellation fees relating to the latter will apply.
3/ Late arrival: In the event of late arrival, after the restaurant has closed, any meals not served will be charged.
4/ Revision of conditions: The above cancellation conditions may be adapted according to the operational requirements of the Hotel and/or the exceptional or complex nature of the stay, in accordance with terms to be agreed between the Hotel and the Customer.
If the number of Participants falls below 15 as a result of a partial cancellation, the Hotel reserves the right to apply its published public rates.
ARTICLE 8. NO-SHOWS:
In the event of failure to cancel/modify and failure to show up on the date scheduled for the start of the service (hereinafter referred to as "No-Show(s)"), the Hotel will charge the Customer 100% of the total amount including tax for the services reserved, for the entire duration of the stay/service.
The Customer agrees to pay these sums under the terms and conditions set out in the contract/quote or in Article 11 below.
ARTICLE 9. EVICTION:
In the event of unavailability of the Hotel, in the event of force majeure, technical problems in the Hotel, construction work, or for any other reason, the Hotel will make every effort to accommodate Participants in whole or in part in a hotel of equivalent category, with all costs associated with the transfer remaining the responsibility of the Hotel (except in cases of force majeure), which cannot be held liable for payment of any additional compensation or a request for a price reduction.
ARTICLE 10. UNFORESEEN CIRCUMSTANCES AND FORCE MAJEURE
1/Unforeseeability: The Hotel and the Customer agree to mutually waive the application of the provisions of Article 1195 of the Civil Code and related case law.
2/ Force majeure: In accordance with Article 1218 of the Civil Code, force majeure refers to an event beyond the control of the debtor that could not reasonably have been foreseen at the time of conclusion of the contract/quote and whose effects cannot be avoided by appropriate measures, preventing the debtor from fulfilling their obligation and recognized as such by the French courts. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the judicial termination of the quote/contract and these GTC. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 11. TERMS OF PAYMENT
1/ Payment deadline: The total amount for the stay must be paid to the Hotel before the group's arrival and according to the schedule below (the percentages are applicable to the total amount of the contract/quote):
If one or more deposits are not paid, the Hotel will not confirm reservations for rooms that are not guaranteed by a deposit and does not guarantee the availability of reserved rooms. The Hotel reserves the right to resell the rooms. The payment of deposits will result in the Hotel issuing deposit invoices. These will be issued after the establishment has received payment.
It is hereby agreed that these sums shall not bear interest. Similarly, early payment shall not be eligible for a discount.
In the event of a reservation made within a shorter period than the aforementioned schedule, the deposits will be accumulated and paid on the appropriate date.
In the absence of payment as defined above, the Hotel reserves the right to cancel the contract/quote and any deposits already paid will be retained as compensation. No additional payment period will be granted.
2/ Minimum billing amount: The minimum unit billing amount charged by the Hotel is €300 excluding tax. Any invoice for a lower amount may be subject to a minimum administration fee of €40 excluding tax per invoice.
3/ Payment methods and currency: Only bank transfers or credit card payments, or failing that, bank checks issued by a bank established in the country of the Hotel, or cash (within the legal limit) are accepted. In cases where the method of payment involves costs to be borne by the Hotel, the latter must expressly and in advance accept the said method of payment in the contract/quote. In the event of payment by transfer, bank charges will be added to the total amount of the quote/contract, and the amount of the charges to be invoiced to the Customer will be specified on the quote/contract. Payments are made in euros.
4/ Electronic billing: The Guest agrees that the Hotel may send invoices electronically via the platform chosen by the Hotel.
5/ Extras: Payment for any services not included in the quote/contract (e.g., laundry, minibar, telephone, etc.) that are ordered individually by one or more Participants shall be made directly by the Participant(s) at the Hotel reception desk before the group's departure. The Customer undertakes to ensure compliance with this rule. The Hotel declines all responsibility for the consequences of a delayed departure due to this payment.
Upon arrival of the group, the Hotel reserves the right to request a credit card imprint from the tour leader and/or credit cards from each Participant, or, failing that, a deposit at reception.
In the absence of payment for the services indicated above, the invoice will be sent to the Customer, who undertakes to pay it within seven business days of its date of issue. In the event that individual payments are planned, any unpaid amount may be deducted from the excess deposit paid by the Customer, with the balance being returned to the Customer.
6/ Failure to pay: Even in the event of a dispute, complaint, or disagreement regarding all or part of an invoice, the Customer undertakes to pay it without delay. In the event of non-payment by the contractual due date, late payment penalties shall be payable from the day after the invoice due date at a rate of 15% per annum, applied to the total amount of the invoice including tax. In addition, a fixed penalty of €40 per debt will be payable from the day after the invoice due date, to which will be added additional compensation to cover all costs incurred in the event of contentious recovery.
Furthermore, any incident will render immediately payable all outstanding amounts owed by the Customer in respect of invoices issued by the Hotel under the contract/quote.
7/ Modification of billing/payment terms: Any special provisions in the contract/quote that deviate from the billing/payment terms set out in this article, as well as any subsequent requests to modify these terms, must be submitted to the Hotel for formal acceptance, which shall be given in writing, and will result in an additional billing charge for administrative costs. These fees amount to 3% of the total amount of the stay, including tax, with a minimum charge of €40 excluding tax.
ARTICLE 12. MULTIPLE RESERVATIONS:
The Customer shall refrain from entering into multiple contracts/quotations for the same group with multiple Hotels. Failure to do so may result in the Hotel terminating the contract/quotation unilaterally, without compensation.
ARTICLE 13. HOTEL STAY:
The consumption of food and beverages other than those provided by the Hotel is prohibited. The Hotel may cease providing its services if the Group Participants interfere with the proper functioning of the Hotel or if they jeopardize the reputation or security of the Hotel. In the event of damage to the premises made available, the Customer shall bear all repair costs.
Consequently, the Client shall ensure that Participants do not disrupt the operation of the Hotel or compromise the safety of the Hotel or the people staying there. The Customer undertakes to ensure that Participants and their guests comply with all the Hotel's instructions and regulations (in particular the ban on smoking in communal areas and all health rules required by the Hotel, the government and/or local authorities). In the event that the Hotel suffers damage as a result of the Customer and/or one of the Participants, it may take action against the Customer to obtain compensation for the damage suffered. The Customer shall be obliged to compensate the Hotel for all acts of the Participants he has invited; it shall then be his responsibility to take action against the said Participant, if necessary. The Customer shall comply with all legal rules in all their external communications, in particular with regard to the location and content of messages disseminated. They shall therefore assume all the consequences thereof and indemnify the Hotel against any conviction in this regard. The Customer (including Participants or their guests) agrees and undertakes to use the room reasonably. Furthermore, any behavior contrary to good morals, public order, and internal regulations will result in the Hotelier asking the Customer and/or the Participants concerned to leave the Hotel without any compensation and/or refund if payment has already been made. The Customer therefore undertakes to remind the Participants of the above obligations and guarantees that the Participants will comply with them.
The Customer is required to comply with the security policy of the Hotel's internet service provider, including the rules governing the use of security measures implemented to prevent the illegal use of IT resources, and to refrain from any action that could undermine the effectiveness of these measures.
ARTICLE 14. PHOTOGRAPHIC REPORTING – FILMING OR REPORTING:
The Customer is personally responsible for obtaining all authorizations that may be necessary in connection with a photo shoot or film or video shoot (hereinafter "Content"), including the written consent of the Hotel or of each of the individuals (customers, employees, and third parties) who will be filmed and/or photographed, and/or whose comments will be recorded during the filming and/or report. The Customer guarantees the Hotel and any company in the ACCOR group against any claim related to the use and/or distribution of these reports against the Hotel, ACCOR, and any company in the ACCOR group, and further undertakes to bear all related costs. The Customer also undertakes to verify, prior to any publication/posting of the Content, that it does not damage the image of the Hotel and/or the ACCOR group, failing which the Customer may be held liable.
ARTICLE 15. INSURANCE – DAMAGE – BREAKAGE – THEFT:
The Customer is liable for any damage, including bodily injury, property damage, and consequential damage, for which they may be responsible under this contract, and in particular for damage and risks related to the exercise of their profession, their activity, and more generally, any damage caused to the Hotel, the Hotel's furniture, the Participants in the stay, or the Hotel's customers or external customers, arising from their actions, his/her activity and/or the equipment he/she has brought with him/her.
In this context, the Client acts as guarantor for the Hotel and undertakes to act on its behalf in the event of any claim made by a guest of the Hotel, a Participant in the stay, or a third party in relation to the performance of the contract/quote.
In all cases, the Customer hereby indemnifies the Hotel and/or any company in the ACCOR group against any liability claims relating to the stay and the exercise of its activity or profession, and shall intervene in any legal proceedings that may be brought on this basis by one of its representatives or Participants against the Hotel and/or any company in the ACCOR group. The Customer shall bear the costs and payment of any compensation or penalties that may be claimed in this regard from the Hotel and/or any company in the ACCOR group in connection with the signing, performance or termination of this contract/quote.
The Customer undertakes to take out and maintain the insurance necessary for the exercise of its activity, in order to preserve the Hotel's brand image in the event of incidents occurring during the marketing or execution of the Customer's packages and in which the Hotel may be involved.
The Customer certifies that they are insured by a reputable insurance company to cover the financial consequences of their civil liability and, in particular, to cover damage and risks related to the exercise of their profession/activity and, more generally, any damage caused to the Hotel as a result of the performance of this contract/estimate and the stay.
He undertakes to maintain sufficient liability coverage throughout the duration of the Hotel services. The Customer is specifically invited to take out specific insurance in the event of the presence of large equipment or valuable goods, as the Hotel cannot be held liable in the event of damage to or theft of such goods, which remain exclusively under the supervision and custody of the Customer and the Participants in the stay.
The Hotel assumes no obligation to guard or supervise these materials/goods. The Customer is responsible for all damage caused by him/her (in particular by Participants) and undertakes, in the event of damage to the premises made available, to bear the costs of repairing these premises. Under no circumstances shall the Hotel be held liable for damage of any kind, in particular fire or theft, that may affect objects or equipment left by the Customer or Participants during the stay covered by this reservation and which remained under their exclusive supervision and custody. The Hotel assumes no obligation to guard or supervise such equipment/objects. Similarly, the Hotel declares that it has insurance covering its activity.
Any parcel, package, or other item delivered to the Hotel before and during the group's stay may be received by the Hotel, but under no circumstances shall the Hotel 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.
It is specified that if the Customer wishes to engage service providers for the organization of the stay, they must first obtain the Hotel's written consent. The Customer shall be solely liable for any damage that may be caused by the service providers they have engaged in the Hotel. In the event of damage/deterioration caused by the service provider, the Hotel will send the Customer the invoice for the necessary repairs; the Customer undertakes to pay this invoice within 7 working days of the date of issue, without any possibility of dispute.
ARTICLE 16. TRANSPORTATION:
Please note that the Hotel does not provide any services related to the transportation of Participants. It cannot therefore be held responsible for any problems or consequences resulting from such transportation (delays, cancellations, etc.).
ARTICLE 17. INTELLECTUAL PROPERTY:
The Customer undertakes not to reproduce, represent, adapt or modify in any way whatsoever the distinctive signs of ACCOR and/or the Hotel, in particular their brand, trade name or logo (hereinafter, "Distinctive Signs"), unless expressly authorized in writing in advance by ACCOR and/or the Hotel. When ACCOR and/or the Hotel authorizes the Customer to use the Distinctive Signs, it or they remain the owners of these intellectual property rights, and this authorization cannot be interpreted as constituting a transfer of said rights to the Customer. The Customer undertakes to do so in accordance with moral rights and within the strict limits of the project for which this authorization has been granted, without creating the appearance of any affiliation with the Hotel and/or ACCOR. The Customer also undertakes to scrupulously comply with the graphic charter provided by ACCOR and/or the Hotel concerned, as well as all instructions for use. The Customer must submit for approval to the Hotel any communication it intends to make that refers to the Hotel and/or ACCOR. If legal action is brought by a third party against the Customer for infringement of the Distinctive Signs that are the subject of this authorization for use, the Customer must inform the Hotel and ACCOR without delay.
ARTICLE 18. CONFIDENTIALITY:
Each party undertakes not to disclose the confidential information of the disclosing party and to take precautions at least equivalent to those it takes to protect its own confidential information of a similar nature in order to preserve the confidentiality of the confidential information of the said party, being required, in any event, to make reasonable efforts in this regard. The parties agree that the Contract/Quotation is confidential, as is, without this list being considered exhaustive, any information relating to economic, technical, commercial, financial, or statistical elements, excluding information that was publicly known and disclosed prior to its acquisition and/or receipt by the party. For the purposes of this clause, each party is responsible for its staff and service providers as it is for itself. This clause shall survive the termination, for any reason whatsoever, of the commercial relations between the parties for a period of three years.
ARTICLE 19. PERSONAL DATA:
The Client acknowledges that it has collected the Participants' data in accordance with the personal data protection regulations in force. The Client undertakes to collect and process the personal data of persons participating in the Event in a lawful, fair, and transparent manner; to process such data for specific and explicit purposes; and to keep such data accurate and up to date when communicated to the Hotel. In order to manage room reservations, the Hotel is required to process the personal data of Participants registered on the list of names referred to in Article 5 of the GTC. The Hotel will act as the data controller for this data and undertakes to comply with the applicable regulations on the protection of personal data. Participants may exercise their rights under the regulations by contacting the Hotel directly.
The Hotel is operated under a brand of the ACCOR group. Consequently, ACCOR and its affiliates may also independently process the personal data of Participants staying at the Hotel. ACCOR will use this personal data for the purposes and with the safeguards detailed in ACCOR's Personal Data Protection Charter, which is available on the website: https://all.accor.com/a/fr/information/data-protection.html
ARTICLE 20. TERMINATION CLAUSE:
In the event of total or partial breach by the Customer or the Hotel of one or more of the obligations incumbent upon them under the contract/quote and these GTC, the latter may be terminated, as of right, by the non-defaulting party one (1) month after sending the defaulting party a formal notice by registered letter with acknowledgment of receipt that has remained without effect.
In the event of repeated failure by the Customer or the Hotel to fulfill one or more of its obligations, or in the event of a breach of one or more of the obligations set out in Article 19 "PERSONAL DATA" and/or Article 23 "ETHICS AND COMPLIANCE," each Party may terminate the contract/quote and these GTC without prior notice by simply sending a registered letter with acknowledgment of receipt.
Termination does not exempt the defaulting party from fulfilling its contractual obligations until the termination takes effect, without prejudice to any recourse available to the other party. Any sums paid to the Hotel shall be retained, and any sums due shall be paid.
ARTICLE 21. TERM OF OFFICE:
If the Customer contracts on behalf of and for the account of a third party, they are deemed to have a legally valid mandate to do so. The Customer undertakes to inform the Hotel of the name of the end customer. The Hotel may at any time ask the Customer to provide proof of this mandate and, in the absence of a valid mandate, may terminate the contract/quote without compensation and without prejudice to any damages that the Hotel may claim.
ARTICLE 22. LIABILITY:
The Customer undertakes to implement all health regulations requested by the Hotel, the government, and/or local authorities. No claims, requests for price reductions, or requests for coverage may be made by the Customer.
Hotels operating under an ACCOR group brand are operated by companies that are legally separate from ACCOR and are not controlled by ACCOR. As such, they are solely responsible for the obligations set out in these GTC and in the contract/quote. The Customer and/or the Hotel shall each be liable under common law for any failure to perform their obligations under this contract/quote and the GTC. Under no circumstances shall the Hotel be liable for any indirect or unforeseeable damage that may result from the performance of its obligations hereunder. The photos presented on the websites representing the Hotels are not contractual. Although every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Hotels presented give as accurate an overview as possible of the services offered, variations may occur, in particular due to changes in furniture, renovations, or changes in the brand name. The Customer may not make any claims in this regard.
ARTICLE 23. ETHICS AND COMPLIANCE:
a) Each party shall comply with its respective code of conduct and all related policies it has developed to promote responsible and ethical business conduct and compliance with applicable laws and regulations, including, but not limited to, those relating to corruption, competition law, environmental protection, supply chain due diligence, and human and children's rights. The Hotel has adopted principles, standards, and commitments applicable to all hotels operated under an ACCOR group brand in terms of Ethics, Corporate Social Responsibility, and compliance, the content of which is available on the ACCOR group website. At the Hotel's request, the Customer shall provide it with any information justifying its own activities and commitments in terms of the environment, ethics, and compliance. b) Insofar as a party's code of conduct and/or related policies: (i) do not exist; or (ii) do not adequately address a specific substantive issue, then that party agrees, to the satisfaction of the other party, to perform its duties and obligations under the contract/quote and these GTC or with respect to the specific material issue, at all times, in compliance with applicable laws, and in the spirit and general compliance with the relevant principles of the other party's code of conduct and related policies. c) For the purposes of this clause, "material issue" means any event or set of circumstances that has or is reasonably likely to have a material adverse effect on a party's ability to perform its obligations under the contract/quote and these GTC, or that would result in a breach of its legal, ethical, or reputational commitments to its stakeholders or the general public. d) Each party represents and warrants, on an ongoing basis, that: (i) neither it nor any of its controlling shareholders or beneficial owners is subject to sanctions or under investigation under any sanctions laws or regimes; and (ii) in performing its duties and obligations under the contract/quote and these GTC, it: A) complies with all applicable laws and regulations relating to corruption, competition law, environmental protection, supply chain due diligence, and the fair treatment of human beings and children; and B) shall not engage in any activities or conduct that could cause the other party to violate the laws or regulations mentioned in this clause, or that are applicable to the contract/quote and these GTC; and (iii) its use of any supplier, service provider, and/or subcontractor that assists it in performing its obligations under the contract/quote and these GTC must at all times be in accordance with the spirit of, and generally comply with, this clause and applicable laws. e) For the purposes of this clause, "sanctions laws or regimes" include those that have a direct consequence or direct application to a party, including, but not limited to, those adopted by: the U.S. Office of Foreign Assets Control ("OFAC"); the U.S. Department of State; the U.S. Department of Commerce; the United Nations Security Council; the European Union (including any of its member states); and the United Kingdom. f) Notwithstanding any other rights acquired under the contract/quote and these GTC, in the event of a breach by either party of this clause, in its entirety or any of its provisions, the other party may terminate the contract/quote and these GTC immediately and without incurring any liability for damages, penalties, or any other consequences arising from such termination, except for obligations and liabilities that have fallen due or been incurred up to the date of termination.
ARTICLE 24. ASSIGNMENT OF THE CONTRACT:
The GTC and the quote/contract to which they relate may not be transferred by the Customer without the prior, express, and written consent of the Hotel.
ARTICLE 25. APPLICABLE LAW AND COMPETENT JURISDICTION:
The applicable law is French law. Any complaints from the Customer must be addressed exclusively to the Hotel. IN THE EVENT OF A DISPUTE THAT CANNOT BE RESOLVED AMICABLY, THE COMPETENT COURTS SHALL BE THOSE OF THE LOCATION OF THE HOTEL'S HEAD OFFICE.