General terms and conditions of sale

DISCLAIMERS :

1. Any person using the Hôtel Restaurant La Mère Germaine website to make a reservation must be at least 18 years old and have the legal capacity to enter into contracts.

2. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the reservation at the Customer’s expense, without prejudice to any civil or criminal action against the Customer.

ARTICLE 1: PURPOSE

These general terms and conditions of sale define the rights and obligations of the parties in the context of the remote reservation of services offered by the Hôtel Restaurant La Mère Germaine. They apply to all bookings made by internet via the Hôtel Restaurant La Mère Germaine website.

ARTICLE 2: GENERAL PROVISIONS

These general terms and conditions of sale apply for as long as the services offered by Hôtel Restaurant La Mère Germaine are online on the site.

Hôtel Restaurant La Mère Germaine reserves the right to add to or modify these general terms and conditions of sale at any time by publishing a new version on its website, which will automatically apply as soon as it is put online.

The general terms and conditions of sale applicable are those in force on the date of the reservation.

ARTICLE 3: CONCLUSION OF THE ONLINE CONTRACT

3.1 Choice of services by the Customer:

The Customer chooses the services presented under his/her sole responsibility, without any liability on the part of Hôtel Restaurant La Mère Germaine. The Customer shall check the nature, purpose and terms and conditions of the reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs in order to make his/her reservation with full knowledge of the facts.

3.2. Booking process :

1. The Customer makes a reservation using the electronic order form available on the website.2

2. The Customer certifies that the information provided is true and accurate.

3. The Customer must follow a series of steps in order to make a reservation, in particular :

– Search for the dates of stay, the room category and a rate;

– Selecting one or more additional services such as breakfast (except when the service is included in the rate mentioned in the previous point);

– Checking the details of the booking, its total cost and the applicable terms and conditions of sale (general and special);

– Enter the Customer’s contact details;

– Entering credit card details in the event of a guarantee or prepayment request;

– Consultation and acceptance of the general terms and conditions of sale and the special terms and conditions of sale for the fare booked before validating the booking;

– Confirmation of the booking.

3.3. Acknowledgement of receipt of the reservation:

An e-mail acknowledging receipt is sent to the Customer. It summarises the contract offer, the services booked, the prices, the total amount of the order, the conditions of sale relating to the fare selected and accepted by the Customer, and the date of the booking.

3.4. Formation of the reservation :

The reservation is deemed to have been made when the reservation is confirmed or when prepayment is made online by credit card. ARTICLE 4: PRICES

1. The prices for booking services are indicated on the website and confirmed at the time of booking.

2. The prices indicated are per room for the number of person(s) and the date selected.

3. Prices are confirmed to the Customer in the commercial currency of the Hotel and are valid only for the period indicated on the site.

4. If the Hotel is debited in a currency other than that confirmed on the reservation, the Customer shall be responsible for any exchange charges.

5. All reservations are payable in the local currency of the Hotel, unless special arrangements are indicated on site.

6. Unless otherwise stated on the site, additional services (breakfast, access to the Spa, etc.) are not included in the price and are displayed separately.

7. The tourist tax, shown on the rates page, must be paid directly at the hotel.

8. Prices include VAT applicable on the date of the order. Any change in the applicable rate of VAT will automatically be reflected in the prices indicated on the date of invoicing.

9. Similarly, any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of invoicing.

10. Conversion into foreign currency is given for information only and is not contractually binding. Only the currency confirmed at the time of booking is guaranteed (if this currency is different from that used at the Hotel, any exchange charges will be borne by the Client).

11. If a rate requires payment to be made at the Hotel at the time of arrival or departure of your stay and the Customer’s currency is not the same as that of the Hotel, the rate debited by the Hotel may differ from the rate communicated at the time of reservation, due to possible changes in exchange rates between the date of reservation and the dates of stay at the Hotel.

ARTICLE 5 : PAIEMENT :

1. Le Client communique ses coordonnées bancaires à titre de garantie de la réservation, sauf conditions ou tarifs spéciaux, par carte bancaire de crédit ou privative (Visa, Mastercard, American Express) en indiquant directement, dans la zone prévue à cet effet (saisie sécurisée par cryptage SSL), le numéro de carte, sa date de validité (la carte bancaire doit être valable au moment du séjour) et le cryptogramme visuel. Il doit se présenter à l’Hôtel avec la carte bancaire lui ayant permis de garantir la réservation ou de réaliser le prépaiement. L’Hôtel pourra lui demander de présenter une pièce d’identité des fins de prévention des fraudes à la carte bancaire.

2. The payment is debited at the Hotel during the stay, except in the case of special conditions or rates where the payment is debited at the time of reservation (online prepayment for certain rates). This prepayment is referred to as a deposit. In the case of a rate that is not prepaid online, the Hotel will ask the Customer, upon arrival, for a security deposit or authorisation to debit the credit card, in order to guarantee payment of the sums corresponding to the services consumed on site.

3. In the event of a no-show (reservation not cancelled – Customer not present) for a reservation guaranteed by credit card, the Hotel will debit the Customer, as a flat-rate compensation, for the amount of the first night on the credit card that was given as a reservation guarantee, and any additional nights of the reservation will be cancelled without charge unless otherwise specified in the terms and conditions of sale of the rate reserved. By making a reservation, the Client expressly authorises the Hotel to proceed with the payment of the lump-sum compensation.

4. At the time of pre-payment, the amount debited at the time of booking includes: the price of the accommodation, the taxes associated with the accommodation, the price of the catering if breakfast is chosen, the taxes associated with the catering and any additional services selected by the Customer.

5. In the case of a tariff subject to online prepayment, the sum paid in advance, the deposit, is debited at the time of booking.

ARTICLE 6: CANCELLATION OR MODIFICATION BY THE CUSTOMER

1. In accordance with article L 121-21, 12° of the French Consumer Code, the Customer does not have the right of withdrawal provided for in article L 121-21 of the French Consumer Code.

2. The conditions of sale for the fare booked specify the terms and conditions for cancelling and/or modifying the booking.

3. Bookings made in advance cannot be modified and/or cancelled. Sums paid in advance, i.e. deposits, will not be reimbursed. In this case, this is mentioned in the fare sales conditions.

4. When the conditions of sale of the rate booked allow it, the cancellation or modification of the reservation may be made directly with the Hotel, whose telephone number is specified on the confirmation of the reservation sent by e-mail.

5. If the stay is interrupted, the full price agreed will be collected. In the case of pre-payment bookings, no refund will be made.

6. Unless otherwise expressly agreed, the Customer must leave the room before 11.00 a.m. on the day the reservation ends. Failure to do so will result in an additional night being charged.

7. All reservations are by name only and may under no circumstances be transferred to a third party, whether free of charge or in return for payment.

ARTICLE 7: ACCOMMODATION:

In the event of an exceptional event or the impossibility of making the reserved room available to the Customer, or in the event of force majeure, the Hotel reserves the right to arrange for the Customer to be accommodated in a hotel of an equivalent category for services of the same nature and subject to having informed the Customer in advance. Any additional cost of the room, transport between the two hotels and a telephone call shall be borne by the hotel initially booked.

ARTICLE 8: HOTEL ACCOMMODATION:

1. In application of the regulations in force in France, upon arrival at the Hotel, the Customer will be asked to complete a police form. To do this, the Customer will be asked to show proof of identity in order to check whether or not he/she is required to complete the police form.

2. The Customer must comply with the Hotel’s Internal Regulations, which are available at the Hotel Reception desk. In the event of non-compliance with these Rules, the Hotel shall be obliged to ask the Customer to leave the Hotel without any compensation and/or without any refund if payment has already been made. If no payment has yet been made, the Customer must pay the full price of the stay (nights used plus nights booked but not yet used) before leaving the establishment.

3. The Hôtel Restaurant La Mère Germaine offers free WIFI access. The Customer undertakes not to use its IT resources to reproduce, represent, make available or communicate to the public any goods protected by copyright or related rights without the authorization of the holders of these rights or in violation of their rights.

ARTICLE 9: EXCLUSIONS OF LIABILITY:

The photographs on the site are not contractually binding. Although the Hotel makes every effort to ensure that the photographs, graphics and texts reproduced to illustrate the Hotel give as accurate an idea as possible of the accommodation services offered, variations may occur, in particular due to changes in furniture or possible renovations.

The Hôtel Restaurant La Mère Germaine may not be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, the fault of a third party, the fault of the Customer, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of unauthorized prepayment by the bearer’s bank.

ARTICLE 10: HOTEL’S RIGHT OF CANCELLATION / ERRORS:

The site may contain inaccuracies and technical, typographical or other errors in connection with the information displayed on the site, including, but not limited to, rates, fees or availability applicable to the transaction. Hôtel Restaurant La Mère Germaine declines all responsibility for such errors, inaccuracies or omissions. Hôtel Restaurant La Mère Germaine reserves the right not to honour reservations or information affected by such errors, inaccuracies or omissions. Hôtel Restaurant La Mère Germaine shall have the right to make changes, corrections, cancellations and/or improvements to the information or reservations based on such information, at any time, including after the reservation has been confirmed.

ARTICLE 11: COMPLAINTS

Complaints relating to the non-performance or poor performance of hotel services must, on pain of foreclosure, be brought to the attention of the Hotel Restaurant La Mère Germaine in writing within eight days of the date of departure from the Hotel, directly to the Hotel.

ARTICLE 12: FORCE MAJEURE

Force majeure refers to any event external to the parties that is both unforeseeable and insurmountable, preventing either the Client or the hotelier from fulfilling all or part of the obligations set out in the contract. Cases of force majeure or fortuitous events are those usually recognized by the jurisprudence of the French Courts and Tribunals.

Each party may not be held liable towards the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising therefrom.

ARTICLE 13: RESPECT FOR PRIVACY

1. The Customer is informed on each of the personal data collection forms of the compulsory or optional nature of the answers by the presence of an asterisk.

2. In the absence of information identified as compulsory, Hôtel Restaurant La Mère Germaine may not be able to register a reservation and handle any complaints.

3. The information processed is intended for Hôtel Restaurant La Mère Germaine and its partners (in particular the online payment service provider).

4. In the context of pre-contractual measures with a view to making a reservation or fulfilling the hotel reservation contract, the Hotel and its partners may, each insofar as it is concerned, receive identity data, personal and professional data, and economic and financial information, in particular for the purposes of making hotel reservations and managing complaints.

5. The Customer authorizes Hôtel Restaurant La Mère Germaine to communicate his/her personal data to third parties, provided that such communication is compatible with the performance of the operations incumbent upon Hôtel Restaurant La Mère Germaine under these general terms and conditions.

6. In particular, at the time of online payment, the Customer’s bank details must be transmitted by the payment service provider to the Hotel’s bank in order to execute the hotel reservation contract. However, the Customer consents to this transfer, which is necessary in order to complete the reservation. The payment service provider, in its capacity as a professional, has made a commitment to Hôtel Restaurant La Mère Germaine to take all security measures and to respect the confidentiality of data for said data transfers.

7. Customers have the right to object, free of charge, to their personal data being used for canvassing purposes, particularly commercial canvassing. In accordance with the French Data Protection Act of 6 January 1978, they also have the right to object on legitimate grounds, and the right to query, access and rectify data concerning them by writing to contact@lameregermaine.info. The Hôtel Restaurant La Mère Germaine may, in particular, send its newsletter, promotional offers and a satisfaction questionnaire to its customers by e-mail following their hotel stay, providing the Customer with an unsubscribe link at the bottom of each commercial prospecting e-mail.

ARTICLE 14: EVIDENTIARY AGREEMENT

1. The entry of the required bank details, together with acceptance of these general terms and conditions and the booking form or request, constitutes an electronic signature which has the same value between the parties as a handwritten signature.

2. The computerized records kept in the computer systems of the Hôtel Restaurant La Mère Germaine are kept in reasonable conditions of security and are considered as proof of the communications, orders and payments that have taken place between the parties.

3. The Customer is informed that his/her IP address may be recorded at the time of booking.

ARTICLE 15: ACCOUNT / PASSWORD:

The Customer is responsible for maintaining the confidentiality of his/her passwords, connection data and account information. He will be financially responsible for all use of the site by himself and/or any person using his account information.

ARTICLE 16: SETTLEMENT OF DISPUTES

The contract and the general terms and conditions of sale are governed by French law.

In the event of a conflict relating to these general terms and conditions of sale or to the performance of the contract, the Customer shall contact the Hotel’s customer service department.

In the event of an unresolved dispute, the matter shall be referred to the competent court.

It is specified that the documents forming the contractual commitments between the parties are, in descending order of priority, the reservation form or request (including the special conditions of the rate booked) and these general conditions. In the event of a contradiction between the booking form and the general terms and conditions, the provisions of the booking form shall be the only ones applicable to the obligation in question.