Terms and Conditions
Preamble
These general conditions of sale (the “CGV”) apply to any reservation and/or purchase made by a Customer (as defined below) on the website accessible at the address: https://www.elsa-hotel-paris.com/ (the “Site”).
The Site is published by Elsa Hôtel (the “Hotel”).
The Customer can make a reservation and/or purchase a Gift from L'Elsa Hôtel: Limited liability company registered in the Paris Trade and Companies Register under number 55212316800015, whose head office is located at 27 Avenue Carnot, 75017 Paris, FRANCE.
Having said this, the following was agreed:
Article 1. DEFINITIONS
The terms used in the body of the General Conditions of Sale, including its preamble, and beginning with a capital letter, whether used in the singular or plural, will have the meaning given to them.
below.
Beneficiary: designates the person using the Gift Voucher.
Gift Voucher: designates the document containing the offer, the Hotel, the validity number, the validity period, the name of the Beneficiary and the description allowing you to take advantage of an offer within the Hotel. The Gift Voucher can be delivered digitally.
Customer: designates the adult natural person, having full legal capacity allowing them to commit to the General Terms and Conditions, and acting for their own needs to the exclusion of any activity
intermediation, resale, distribution or similar of all or part of the Services and/or Gift Vouchers.
Contract: refers to the General Terms and Conditions as well as the Special Conditions of the Reserved Rate or the Cancellation Policy, depending on the case, as summarized in the Confirmation Email
Confidentiality Policy: refers to the personal data protection policy.
Special Conditions of the Reserved Rate: designates the special conditions of reservation, cancellation, no show, minimum number of people, guarantee for each Hotel Service, which
vary in particular depending on the periods of the season and the Hotel, which are available on the Site when booking and which are summarized in the Confirmation Email.
Confirmation Email: designates the confirmation email sent by the Hotel to the Customer to the email address provided by the Customer during the reservation and/or purchase, containing a summary of the Contract and specifying in particular the conditions of the reservation (Reserved Services, Special Conditions of the Reserved Rate, prices and possible taxes, prices of Accessory Services, hours of
check-in/check-out, rules applicable to the stay in the Hotel, reservation dates, guarantee) and/or details of the order placed.
Cancellation Policy: designates the specific conditions applicable to the modification and/or
cancellation of a Service:
Services: refer to Hotel Services, Catering Services and other Accessory Services
offered to Customers by the Hotel on the Site.
Accessory Services: refers to the additional products and/or services offered to the Customer when booking a Hospitality Service (such as, for example, a bottle of champagne, bouquet of flowers, etc.).
Hotel Service: designates the accommodation service within the Hotel, for the duration and on the dates selected by the Customer and under the conditions provided herein and/or on the Site.
Catering Service: refers to the Room Service service offered within the Hotel.
Tourist tax: refers to the municipal tax imposed by the city and paid additionally by the customer at the time of departure. The tourist tax is due per adult person (18 years and over) and per night. The amount for 4 stars is set at 8.45 €.
Article 2. PURPOSE
The Contract governs the contractual relations between the Client and the Hotel with which the Client makes a reservation and/or a purchase. The General Terms and Conditions are made available to the Customer on the Site where they can be directly consulted at any time. The Customer has the option of storing and editing the General Terms and Conditions using the standard functionalities of his browser and/or computer.
The T&Cs take precedence over any other document with regard to their subject matter, except for the Special Conditions of the Reserved Rate or the Cancellation Policy which take precedence over the T&Cs in the event of a conflict.
The Contract expresses the entirety of the obligations of the parties. No general or specific conditions
communicated by the Customer cannot be integrated into the Contract or added to it.
Article 3. DESCRIPTION OF SERVICES AND GIFT VOUCHERS
The Site allows the Customer to reserve one or more Service(s) within the Hotel and/or to purchase a Gift Voucher. The essential characteristics of the Services and/or Gift Vouchers are described on the Site.
The photographs presented on the Site are merely indicative. Even if all the best efforts are made so that the photographs, graphic representations and texts reproduced to illustrate the Hotel and/or Services and/or Gift Vouchers presented give as accurate an overview as possible of the services offered, variations may occur, in particular due to changes in furniture or possible renovations. In case of doubt, or to obtain additional information on the Services and/or Gift Vouchers, it is possible to contact the Hotel by email or by telephone via the “Contact” tab of the Site.
In any event, the Company and/or the Hotel cannot be held responsible for any non-substantial errors that may occur in this regard.
The Site also mentions the following information:
· the essential characteristics of the Services and/or Gift Vouchers offered;
· the Accessory Services offered, if applicable;
· the costs ;
· payment terms;
· the General Terms and Conditions, as well as the Special Conditions of the Reserved Rate and/or the Cancellation Policies
if applicable.
The Gift Voucher is sent to the Beneficiary by the Customer in the form of a digital delivery.
The Gift Voucher is valid according to the validity period specified on the Gift Voucher, subject to availability by the Hotel. The Customer acknowledges that the Gift Voucher services do not include transport to the location of the Hotel service.
In the event of non-use within its validity period, loss, theft or destruction of the Gift Voucher, the Customer will not be able to claim a refund or compensation of any kind.
nature whatsoever. However, in the event that the Beneficiary is unable to consume their Gift Voucher within the planned period, the Customer is invited to contact the Hotel via the “Contact” tab available on the Site.
Article 4. RESERVATION
4.1 Reservation process
4.1.1 General provisions
Any reservation and/or purchase assumes consultation and complete and unreserved acceptance of the
T&Cs.
In the event of a reservation and/or purchase online on the Site, the Customer accepts the General Terms and Conditions, the Special Conditions of the Reserved Rate or the Cancellation Policy, depending on the case, accessible via a link
hypertext, by checking the corresponding boxes. Without this acceptance, continuation of the reservation process is technically impossible.
The Customer acknowledges having read the nature, destination and terms of reservation of the Services and/or Gift Vouchers and having requested and obtained information
necessary and/or complementary to make your reservation and/or purchase with full knowledge of the facts. Additional checks can be carried out directly with the Hotel if necessary, via the “Contact” tab available on the Site.
It is reminded for all purposes that the Customer is solely responsible for his choice of Services and/or
Gift Vouchers and their suitability to its needs, such that the liability of the Hotel or the Company cannot be sought in this regard.
It is expressly agreed between the Parties that any reservation of a Service is nominative and cannot under any circumstances be transferred in whole or in part to a third party, whether free of charge or for a fee.
4.1.2 Hotel Service reservation process
The reservation of a Hotel Service takes place as follows:
· the Customer selects their arrival date and departure date from the Hotel as well as the number of people involved in the reservation;
· the Customer clicks on “Search”;
· the Customer can access the Special Conditions of the Reserved Rate specific to each room and each rate by clicking on the title of each rate offer;
· the Customer must then select the type of room they wish to reserve and click on the “Reserve” box corresponding to the room and rate they wish to reserve;
· where applicable, Additional Services are offered to the Customer as well as the possibility of adding additional rooms, which the Customer can select to add to their reservation;
· the Customer clicks on “Continue to Book” and then accesses the summary of their order, which they can modify if necessary;
· the Customer must then provide the following information:
- personal information: title, first name, last name, email address (and, if applicable, the title, first and last name of the additional customer(s)), address, landline/mobile telephone, company name;
- additional information: special requests if applicable.
- arrival and departure times allowing, if the Customer so wishes, the Hotel to provide transport for the Customer to and from the airport for an additional fee via prior reservation;
- banking information: card type, name of card holder, card number, expiration date, cryptogram.
· the Customer is then invited to accept the General Terms and Conditions (available by clicking on the hyperlink) and the Special Conditions of the Reserved Rate, in order to be able to click on “Confirm reservation”.
4.2 Confirmation of reservation and/or purchase
Once the Customer has made a reservation for a Service and/or ordered a Gift Voucher under the conditions of article 4.1, the Customer receives a Confirmation Email to the email address he or she has.
informed.
In the event of a reservation for a Service, the reservation will only be considered definitively made after payment of the reservation by the Customer under the conditions provided for in article 6 of the General Terms and Conditions, except in the case of a reservation guarantee as provided for in article 6.2.1.(i): in the latter case, the reservation is considered definitively made upon receipt, by the Customer, of the Confirmation Email.
4.3 Imprint / Guarantee
The Hotel will request an imprint of the Customer's credit card upon arrival (check-in) as a guarantee for the total amount of Services consumed during the stay and/or to cover any damage caused by the Customer. In addition, a pre-authorization of debit will then be carried out on the credit card.
4.4 Right of withdrawal
4.4.1 No right of withdrawal for the Services
It is recalled that, in accordance with article L. 221-28 12° of the Consumer Code, the Customer does not have a right of withdrawal provided for in article L. 221-18 of the Consumer Code for the Services, objects hereof.
4.4.2 Right of withdrawal for Gift Vouchers
No provision of these General Terms and Conditions affects the Customer's right to exercise their right of withdrawal for the purchase of a Gift Voucher, without having to give a reason, and within a period of
fourteen (14) days from:
For Gift Vouchers sent digitally, upon receipt of the Confirmation Email.
If the Customer wishes to withdraw, he must send his decision of withdrawal to the Hotel by any unambiguous declaration before the expiration of the withdrawal period, in particular by postal mail or by email to the address of the Hotel indicated in article 13 below.
For the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
4.5 Cancellation or modification by the Customer
The reserved Services are exclusively subject to the cancellation and/or modification conditions provided for in the Special Conditions of the Reserved Rate for Hotel Services and in the Cancellation Policy for Treatment Services and Catering Services, and are summarized in the Confirmation Email. It is recommended that the Customer take out travel insurance that meets their needs.
Depending on the Conditions of the Reserved Rate or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, where applicable, all or part of the price of the Services reserved, which will be deducted from the amounts paid in advance if applicable or which will be deducted from the amount retained as guarantee (if the reservation has not been paid in advance) and which, for the
surplus, will be invoiced to the Customer. The Hotel also reserves the right to put the Service concerned back on sale.
4.6 Hotel Service: Interruption of stay
In any case, in the event of interruption of the stay by the Client for any reason whatsoever, including in the event of behavior contrary to the rules of good conduct mentioned in
Article 5.5, the latter will be required to pay the Hotel the entire price set out in the Confirmation Email, no refund of any nature whatsoever can be granted as a result.
In the event of payment in advance, the said amount will be retained from the amounts paid in advance. In the event that the reservation has not been paid in advance, the Hotel will deduct the amount due from the sums retained as guarantee.
4.7 No-show
Depending on the Special Conditions of the Reserved Rate or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, where applicable, all or part of the price of the Services reserved, which will be deducted from the amounts paid in advance if applicable or which will be deducted from the amount retained as guarantee (if the reservation has not been paid in advance). The Hotel also reserves the right to put the Service concerned back on sale.
4.8 Reservation irregularity
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, without prejudice to any civil or criminal action against the latter.
Depending on the Conditions of the Reserved Rate or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, where applicable, all or part of the price of the Services reserved, which
will be deducted from the amounts paid in advance if applicable or which will be deducted from the amount retained as guarantee (if the reservation has not been paid in advance). The Hotel also reserves the right to put the Service concerned back on sale.
4.9 Complaint – Information
Complaints relating to a purchase and/or the non-performance or poor performance of the Services must, to facilitate their processing, be brought to the attention of the Hotel in writing to the contact details indicated in the “Customer Service” tab of the Site.
Article 5. HOTEL STAY
5.1 Registration card
In application of article R.611-42 of the Code of entry and stay of foreigners, the Client authorizes the Hotel to pre-fill the individual police form called “registration cards” with the
information obtained during the reservation. The Customer will check the accuracy of the pre-filled information and sign said form upon arrival.
5.2 Animals
At the discretion of each Hotel, dogs are welcomed under certain conditions.
In any case and unless otherwise stipulated, dogs must be kept on a leash in the common areas of the Hotel.
It is also prohibited to leave dogs alone in the room or unsupervised when their owner is outside the Hotel. It is also necessary to ensure that they do not damage the room or its furniture, and respect the calm of the establishment in all circumstances.
5.3 Children
Children must be supervised by their parents or a responsible adult. The Client also undertakes to ensure that the children under his responsibility respect the calm of the establishment in all circumstances.
5.4 Wi-Fi and network access
Use of Wi-Fi is free for Customers.
Illegal downloading is strictly prohibited and is the responsibility of the Customer. The Client is required to comply with the Hotel's security policy, including the rules for using the security means implemented with the aim of preventing the illicit use of IT resources and to refrain from any act affecting the effectiveness of these means.
The Client undertakes to ensure that the computer resources made available to him by the Hotel are not used in any way for the purposes of reproduction, representation, making available or communication to the public of works or any objects protected by an intellectual property right or by a neighboring right without the prior authorization of the holders of the rights to any
content protected under the provisions of the Intellectual Property Code. The Client will guarantee the Hotel, at his own expense, against any action and/or claim emanating from a third party invoking the violation of an intellectual property right, and will bear all costs and damages.
associates.
In this regard, the Service Provider will in particular compensate all losses, damages or costs (reasonable attorney fees and costs included) incurred by the Hotel in connection with an action of this nature, as well as all sums paid as settlements and/or damages that the Hotel could be ordered to pay.
5.5 Security
Surveillance measures are put in place by the Hotel. Video surveillance of the reception and common areas of the Hotel is set up to ensure the security of goods and
people. Safes are available to Guests in the rooms.
However, Customers are advised to exercise caution, particularly with regard to high value items. Please note that safes are available in the rooms of the Hotel. In particular, Customers are recommended not to leave any valuable objects in plain sight (particularly in rooms and common areas).
5.6 Damage and damages
During the stay, the Customer is responsible for the room made available to him as well as his furniture.
Generally speaking, the Client assumes responsibility for the consequences resulting from his negligence, faults, errors, and more generally from all damages, direct and indirect, material or immaterial, caused to third parties or to the Hotel and the occurrence of which would be linked to the Services.
In the event of damage or deterioration not declared before the Customer's departure (check-out), the Hotel reserves the right to charge the sum necessary for the restoration work as well as any additional costs linked to the immobilization of the room during this period.
Article 6. FINANCIAL CONDITIONS
6.1 Prices for Hospitality Services and Ancillary Services
For Hospitality Services, the price relating to the reservation is per room, for the number of person(s), the dates and the Hospitality Services and, where applicable, the Ancillary Services selected by the Customer.
The price of the Services is indicated on the Site in the currency chosen by the Customer, which may be different from the currency of the Hotel. Any conversion fees applied by the Client's bank will be the responsibility of the Client.
The price of the Services is inclusive of all taxes, with the exception of any taxes appearing in the Special Conditions of the Reserved Rate and recalled in the Confirmation Email (in particular the tourist tax (or equivalent), service charges, etc.) and which must be paid directly on site to the Hotel.
The price of the Services only includes the services strictly mentioned in the Confirmation Email. Additional services to the Services, which may be provided by the Hotel
during the Customer's stay and/or their Care Service will be added to the price mentioned in the Confirmation Email.
The Hotel pays the greatest attention to the accuracy of the prices of the Services presented on its Site.
However, in the event of a manifest pricing error, the Hotel reserves the right not to provide Services whose price is clearly incorrect. In this case, the Hotel will inform the Customer and, depending on the case, will send them a new Confirmation Email if the Customer wishes to maintain their reservation at
price actually applicable or will cancel the Services concerned and will reimburse the price possibly prepaid by the Customer.
The Hotel may modify the prices indicated on the Site at any time and without notice. However, the prices
modified will only be applied to reservations subsequent to the entry into force of the new
price.
6.2 Payment terms
6.2.1 Payment for Hospitality Services, Accessory Services and Care Services
Payment for reservations is made by credit card or bank transfer only.
When booking on the Site, according to the conditions communicated to him on the Site, in the Special Conditions of the Reserved Rate, the Customer communicates his banking information to (i) guarantee his reservation of the Services, or to (ii) prepay for the Services before his stay. These payment conditions are recalled in the Confirmation Email.
(i) Guarantee of reservation of Services
If the Special Conditions of the Reserved Rate so provide, the Customer does not pay for the Services when booking on the Site, but provides his banking information as a guarantee only. In this case, the Customer's bank card is not debited when booking on the Site and the Customer pays for his reservation once on site directly with the Hotel. In the event of a no-show by the Customer, the Hotel will be entitled to charge cancellation fees and, where applicable, all or part of the price of the Services reserved, which will be deducted from the amount retained as guarantee, under the conditions provided for in article 4.7 hereof.
(ii) Prepayment of Services
According to the Special Conditions of the Reserved Rate, payment is made:
- Or in full when booking on the Site. This prepayment will then be qualified as d'acompte.
- Or in part when booking on the Site. This prepayment will be referred to as a deposit. The Customer will be asked to pay the balance of their reservation before the cancellation deadline indicated in the Special Conditions of the Reserved Rate and reminded in the Confirmation Email. For payment of the balance of the reservation, payments can be made by credit card, via the secure link provided by the Hotel to the email address indicated by the Customer, or by transfer and in Euros only. The Hotel cannot be held responsible for any additional fees requested by banking establishments in this regard. In the event of payment by transfer, the Client must ensure that their name and dates of stay are specified on the transfer order and send the Hotel a copy of the payment confirmation issued by the Client's bank. The Hotel reserves the right to cancel the reservation without notice, if the required deposit amounts and/or payment of the balance of the reservation are not paid within the stipulated deadlines.
In the event that, whatever the cause (opposition, refusal by the issuing center, etc.), the debit of the sums due by the Customer s' proves impossible, the reservation will be immediately canceled. The Customer will be informed by email to the address provided by the Customer when booking on the
Website. It is up to the Customer to save and print their payment certificate if they wish to keep
his banking details relating to his transaction.
6.2.2 Payment of Gift Vouchers
Payment for the order is made by Visa, Mastercard or Carte Bleue bank card. The entire amount of the order will be debited at the time of validation of the order.
Article 7. PERSONAL DATA
As part of the execution of the Services or the processing of an order, the Hotel is required to process personal data of Customers and users of the Site, under the conditions provided for in the Confidentiality Policy.
Article 8. INTELLECTUAL PROPERTY
The Hotel brand is and remains the exclusive property of the Hotel or is licensed to the Hotel.
The Site and all graphic, textual, visual and photographic elements appearing therein, namely in particular all illustrations, figurative or non-figurative marks, logotypes, images, drawings,
photographs, characters, texts, decorations, methods of presentation, graphics or any other element of the Site (hereinafter the “Content”) are and remain the exclusive property of the Hotel or are granted under license to the Hotel and are protected in particular by intellectual property rights.
The Brand, the Site and/or its Content may under no circumstances be in whole or in part modified, reproduced, represented, distributed, displayed, marketed, integrated into a derivative work or otherwise, on any medium whatsoever. Generally speaking, the Brands, the Site and its Content can only be used when browsing the Site and, where applicable, to make a reservation or place an order.
The use of all or part of the Brands, the Site and/or its Content, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these General Terms and Conditions is strictly prohibited.
Article 9. FORCE MAJEURE
The Parties agree to apply article 1218 of the Civil Code and the case law of the French courts.
It is specified, for all practical purposes, that events of personal convenience are not considered force majeure events.
Article 10. EVOLUTION / MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The Hotel invites the Customer to read the General Terms and Conditions carefully before each reservation and/or purchase, as they may have been modified. The General Terms and Conditions may be modified and/or supplemented at any time by the Hotel. In this case, the new version of the General Terms and Conditions will be posted online on the Site in a readable and accessible format in order to allow the Customer to access them and easily read them. The General Terms and Conditions thus modified/completed will take effect from their posting online on the Site and will only apply to purchases and/or reservations made after their posting online; purchases and/or reservations prior to said posting being governed by the previous version of the General Terms and Conditions.
The Customer may keep these General Terms and Conditions on a durable medium by printing them. In the event of a reservation and/or purchase made on the Site, the General Terms and Conditions, the Special Conditions of the Reserved Rate or the Cancellation Policy, as applicable, as well as the Confidentiality Policy will be attached to the Confirmation Email sent to the Customer, allowing the Customer to download and/or print them.
Article 11. CONVENTION OF EVIDENCE
In any event and in particular in the event of a dispute, the Hotel may validly administer proof of the Client's actions, validations and instructions, and in particular the entry of the required banking information, the computerized records kept in the Hotel's computer systems, as well as the content of the Clients' messages and operations, using connection logs, which the Client acknowledges.
Article 12. GENERAL STIPULATIONS
In the event that one of the stipulations of the Contract should be declared void, inapplicable or unenforceable by any competent court, the other provisions will remain valid and applicable.
and enforceable unless otherwise provided by the said court. The fact of one of the parties not invoking a right or a breach of the other party cannot constitute, for the future, a waiver of invoking this right or breach in question. Any waiver will only be enforceable if it has been expressed in writing by the party from which it originates to the other party.
The titles of the clauses have only an indicative value, in the event of a contradiction between these titles and their content, c' is the content which will prevail.
The fact that the Hotel does not avail itself at a given time of any of the provisions of the Contract cannot be interpreted as a waiver of its right to avail itself of it at a later date.
For convenience, a translation of the T&Cs into English has been established. However, in the event of a dispute, only the French text will be authentic.
Article 13. APPLICABLE LAW – DISPUTE
13.1 The Contract is subject to French law, without hindering any mandatory protective provisions that may be applicable in the country of residence of the consumers.
Please note that an amicable settlement of the dispute is preferred.
In the event of a dispute relating to the Contract or the Services, the Customer undertakes to contact as a priority the Customer Service of the Hotel concerned, the contact details of which appear below:
Elsa Hotel
Address 27 Avenue Carnot, 75017 Paris
Phone: +33 1 44 09 26 00
Email: contact@elsa-hotel-paris.com
After having contacted the Hotel's Customer Service to try to resolve the dispute amicably, and in the event of a negative response or no response from the latter within sixty (60) days from the referral, the Customer may enter:
Association of European Mediators (AME)
Address: 197 Boulevard Saint Germain, 75007 Paris
Phone: +33 9 53 01 02 69
Email: saisine@mediationconso-ame.com
Website: http://www.mediationconso-ame.com which will attempt, in complete independence and impartiality, to reach an amicable resolution of the
dispute.
The Client remains free to use mediation or not.
In the event of recourse to mediation by the Hotel, the Client is also free to accept or refuse recourse to mediation.
Once the mediator's decision is rendered, each party is free to accept or refuse the solution proposed by the mediator.
It is also recalled that, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Customer has access to the online dispute resolution platform (RLL) at the following address: ec.europa.eu/consumers/odr
13.2. Any difficulties relating to the interpretation, execution and expiration of the Contract, the general conditions of sale or services will be subject, in the absence of amicable agreement within the
conditions above, to the exclusive jurisdiction of the competent Courts of Paris, even in the event of summary proceedings, warranty claims or multiple defendants. As an exception to the above, it is specified that the customer-consumer may choose to bring any dispute either before one of the territorially competent courts under the code of civil procedure, or the court of the place where he resided at the time of the conclusion of the contract, or the occurrence of the harmful event, in accordance with article R. 631-3 of the consumer code.
