General terms and conditions of sale
General terms and conditions of sale
ARTICLE 1 - DEFINITION :
a) "THE HOTEL" shall mean either:
- SAS Hôtel Prince acting in the name and on behalf of the companies operating the hotels listed in the CONTRACT, under an administrative and commercial assistance contract; - the company operating the HOTEL in which the SERVICES are performed. The precise contact details of THE HOTEL shall appear in the Special Conditions attached to these General Terms and Conditions of Sale.
b) The term "THE CLIENT" refers to the SERVICE SUPPLIER's co-contractor, whether the CLIENT is acting directly on its own behalf or as a principal.
d) "TRAVELERS" means employees, guests of the CLIENT and employees of the CLIENT's subsidiaries.
e) "PARTIES" means the parties to the contract, i.e. the PROVIDER and the CLIENT.
f) The expression "SERVICES" refers to any room or room rental with or without the provision of a meal. g) The expression "CONTRACT" refers to the General Terms and Conditions of Sale, the Special Terms and Conditions and any annexes.
ARTICLE 2 - PURPOSE :
The HOTEL undertakes to rent to the CLIENT, for a specific and limited period of time, rooms and/or hotel rooms with or without the provision of a meal.
ARTICLE 3 - CONCLUSION OF THE CONTRACT - EFFECTIVE DATE AND DURATION
The CONTRACT becomes definitive upon receipt of the duly dated, sealed, signed and marked "Good for acceptance", accompanied by the amount of the deposit, as determined in the Special Conditions.
When the order is placed via the HOTEL's website, the CONTRACT becomes final after validation of the file by the HOTEL and payment of the deposit.
the SERVICES begin as of the effective date defined in the Special Conditions.
The duration of this CONTRACT will also be specified in the Special Conditions.
ARTICLE 4 - CONFIDENTIALITY :
The conditions governing this CONTRACT shall remain confidential between the CLIENT and the HOTEL.
ARTICLE 5 - RESERVATION AND BILLING :
a) In the case of room reservations: the rooms are made available to the CLIENT from 1:00 pm onwards, depending on availability, and must be vacated by 12:00 pm at the latest on the day of departure. If this time limit is exceeded, the CLIENT may be charged an additional night's stay at the public rate displayed in the HOTEL.
b) The list of TRAVELLERS must be sent directly to the management of the HOTEL at least 10 days before the arrival of the TRAVELLERS.
c) In the invoice, the CLIENT's company name must be explicit and specified in full for names consisting of initials.
d) The price invoiced to the CLIENT corresponds to the price agreed upon on the day of the conclusion of the CONTRACT, plus the cost of additional services consumed on site. Rates are expressed in the currency stipulated in the contract. The rates may be modified, without prior notice, in the event of legislative and/or regulatory changes likely to lead to price variations such as modification of the applicable VAT, introduction of new taxes, etc.
ARTICLE 6 - PAYMENT :
a) The CUSTOMER shall pay, as a deposit, the amount stipulated in the Special Conditions, on the day of the conclusion of the CONTRACT and the balance of the sums due in accordance with the schedule, defined in the Special Conditions.
b) Payment for extras (laundry, mini bar, telephone, etc.) and other additional services requested individually by one or more TRAVELLERS shall be made by the TRAVELLERS concerned at the HOTEL reception desk before their departure.
c) The CLIENT guarantees the HOTEL that the TRAVELLERS will pay for the SERVICES and undertakes to pay the corresponding invoices if they have not been paid.
d) Any delay in payment shall automatically and without prior notice lead to the payment of late penalties payable on the day following the date of payment at the legal interest rate plus three (3) points.
In accordance with Article D441-5 of the French Commercial Code, any payment made after the due date shown on the invoice shall automatically result in the application of a penalty ofa fixed penalty of 40€ for collection costs, possibly increased to the actual costs if they exceed this amount.
e) Advance payments are not refundable. Failure to comply with the payment schedule may result in unilateral termination of the CONTRACT at the initiative of the SERVICE SUPPLIER. In the event of late arrival, no refund shall be made by the HOTEL.
ARTICLE 7 - MODIFICATION, TERMINATION AND CANCELLATION :
The request for cancellation of all or part of the initial reservation must be made in writing and accepted by the management of the HOTEL. It is subject to the following conditions:
a) The CLIENT commits to a number of TRAVELERS at the time of signing the CONTRACT. This number may be modified, in writing and free of charge, downwards within a maximum margin of ten percent (10%) and at least two (2) working days before the arrival date of the TRAVELERS. It is specified that, within the framework of a package, the catering not consumed cannot give rise to a reduction in the price to be paid.
b) Since reservations are grouped together, any change in them may result in a change in the rates. Any change in the number of rooms and/or persons must be confirmed in writing by the HOTEL management. ---------------------------------------------------------------
The cancellation conditions are as follows (not cumulative):
CHANGEABLE AND CANCELLABLE RESERVATIONS:
- Up to 24 hours before the arrival date, any cancelled reservation will be refunded in full
- Less than 24 hours before the arrival date, any cancelled reservation will be due and charged at 100% of its value. NON MODIBIABLE OR CANCELLED RESERVATIONS: - No modifications are possible and any cancelled reservation will be due and charged at 100% of its value from the moment it is confirmed.
c) In the event of cancellation of groups of at least 10 rooms less than 72 hours before the scheduled arrival date, the HOTEL will charge, in addition to the value of the services booked, a cancellation fee of 25% of the price of the services booked, corresponding to the eventual cost of the services provided.services, corresponding to the possible loss of turnover in the various L'HOTEL sales outlets due to the non-occupation of rooms, lack of visibility on the Internet sites and possible rejection of applications.
d) The management of L'HOTEL reserves the right to unilaterally terminate, without notice or compensation, any contract whose purpose or cause is incompatible with the purpose of the rented premises.
e) The management of the HOTEL reserves the right to unilaterally terminate the contract without notice or compensation, two (2) days after formal notice by registered letter has remained without effect, in the absence of payment by the CLIENT of all or part of the deposit.
f) In the event of cancellation or retrocession of rooms, the HOTEL reserves the right to immediately re-let the retroceded or cancelled rooms. g) The management of the HOTEL shall be exempt from any liability in the event of total or partial non-performance of the CONTRACT resulting from an act of God, the act of a third party or a case of force majeure as defined by the courts. By express agreement, the following are also considered as cases of force majeure disturbances, strikes, natural disasters, war, riots, fire, any other natural disaster, even if the conditions of unpredictability, irresistibility and exteriority were not met.
* The amount of the damage is calculated on the basis of the amount indicated on the initial contract.
ARTICLE 8 - LIABILITY AND INSURANCE FOR DAMAGE, BREAKAGE AND THEFT :
a) The CLIENT undertakes to invite only persons whose behaviour is not likely, in any way, to cause damage to the HOTEL, the HOTEL's management reserving the right to intervene if necessary. The CLIENT undertakes to ensure that TRAVELLERS and their guests comply with all the rules and regulations of the HOTEL, as well as the texts relating to the ban on smoking. The CLIENT shall ensure that the TRAVELLERS and/or the equipment provided by the CLIENT do not disturb the operation of the HOTEL.
b) Particular security for events and exhibitions requiring qualified personnel, the list of these persons shall be provided by the CLIENT. The Management of the HOTEL shall provide its agreement prior to the event or exhibition taking place. The CLIENT shall take out an insurance policy with a reputable company covering the risks associated with the event or exhibition, in order to guarantee the HOTEL, its employees, customers and any third party against any damage.
c) The CLIENT shall be solely liable for any damage, including theft, to materials, effects, documentation and equipment not belonging to the HOTEL's management and brought to the premises by the CLIENT or the TRAVELLERS for the performance of the CONTRACT.
d) The CLIENT is responsible for all damage caused by him (in particular by TRAVELLERS or their guests) and undertakes, in the event of damage to the premises made available, to d) The CLIENT is responsible for all damages caused by his intermediary (in particular by the TRAVELERS or their guests) and undertakes, in the event of damage to the premises made available, to bear the costs of restoring these premises and, if necessary, to assume the prejudices in proportion to the costs and loss of turnover linked to the immobilization.
e) In the online booking and sales process, the HOTEL shall not be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions or other unintended problems. The same applies to any damage resulting from the use of the WIFI or wired Internet network made available to customers by the HOTEL.
f) All our rooms are non-smoking. Ashtrays are provided on the balconies or terraces where smoking is permitted. The hotel reserves the right to charge a maximum of one night's cleaning fee to any guest who smokes in his/her room. If the guest wishes to continue to smoke inside or outside the indicated areas, he/she will be asked to leave the hotel.
ARTICLE 9 - MISCELLANEOUS:
a) The CUSTOMER is obliged to take care of the fiscal and administrative formalities in accordance with the legislation in force. If the TRAVELLERS at the event contribute to the expenses, a declaration must be made by the CLIENT to the Indirect Taxation Office, and the HOTEL's staff must not take part in this collection.
b) Events such as street sales, commercial sales, exhibitions and presentations organized by the CLIENT may only take place on the premises of the HOTEL after having obtained prior approval or authorization from the competent official authorities. The CLIENT undertakes to provide the HOTEL with the required written authorisation from the municipality (for rooms of less than 300 m²) or the prefecture (for rooms of more than 300 m²). This authorization must be provided at least fifteen (15) days before the start of the event, when the purpose of the rental of the premises is retail sales or the taking of orders for goods preceded by advertising (Decree 88-598 of 7 May 1998). In no case may the rental of rooms exceed the duration indicated on the municipal authorization, sales may not exceed two (2) months per calendar year in the same establishment. The CUSTOMER undertakes to restore the occupied premises to their original state and at his own expense.
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c) Recruitment: the Labour Code (articles 312-1 and 312-2) prohibits the HOTEL from managing or operating, directly or indirectly, an employment agency. In application of the law, the CLIENT must provide the HOTEL's management with proof that it has declared its employment activity to the Labour Inspectorate. In addition, the CLIENT shall include its company name and legal details on its job advertisements. When the interview or selection of candidates is held in the HOTEL, the CLIENT undertakes to declare in writing, at the same time as he accepts the quote and pays the deposit, that he meets these two conditions. Consequently, the HOTEL's staff may not participate in recruitment operations, for example by distributing questionnaires to applicants who come to the HOTEL's reception.
d) Musical events with an orchestra, disc jockey or shows are subject to prior declaration to the SACEM. The CLIENT is personally responsible for paying all compulsory fees.
e) It is specified that the HOTEL management does not provide any services related to the transportation of Travellers.
f) The CLIENT must inform the HOTEL management in writing in advance of the presence of a photographer and shall be responsible for obtaining any necessary authorizations.
g) In the event of force majeure, the HOTEL management reserves the right to accommodate the TRAVELLERS in whole or in part in a hotel of an equivalent category for services of the same nature, the costs of the transfer being borne by the HOTEL management. In this case, the CLIENT or the TRAVELLERS shall not be entitled to claim any compensation from the HOTEL management.
ARTICLE 10 - ORGANIZATION :
a) The CLIENT may not bring in any drinks, foodstuffs or consumables from outside the hotel without having obtained an exceptional dispensation from the HOTEL's management. The latter reserves the right to impose a corkage fee and/or a service fee.
b) Any project for the decoration, technical installation or other fitting-out of the lounges shall be submitted to the HOTEL's management for examination and must comply with the HOTEL's specifications and the latest safety regulations in force. In addition, this project shall be submitted to the Safety Commission for prior approval fifteen (15) days before the start of the event, failing which the authorisation shall be refused.
c) The CLIENT shall submit to the HOTEL for prior written approval the choice of a band or entertainment.
d) Except with the prior authorization of the HOTEL's management, the CLIENT is prohibited from making any reference whatsoever and/or using in any way whatsoever the signs and/or logos relating to the HOTEL. Similarly, the CLIENT shall not use any photographs taken on the HOTEL's premises during the performance of the CONTRACT.
e) Upon expiry of the CONTRACT, the CLIENT shall remove at its own expense the various materials, effects, documentation and equipment of any kind brought to the HOTEL's premises at its request for the performance of the CONTRACT.
f) The CLIENT undertakes to return all rented materials to the HOTEL's management. In the event of deterioration or non-return, the HOTEL's management shall demand reimbursement.
ARTICLE 11 - CLAIMS :
a) Any damage suffered by the HOTEL, its customers or principals during the performance of the CONTRACT shall be notified to the CLIENT by registered letter with acknowledgement of receipt within eight (8) working days of the expiry of the Contract. Repair shall then be required within eight (8) days of receipt of the registered letter from the HOTEL's management.
b) Any dispute or claim by the CLIENT shall only be taken into account if it is formulated in writing, by registered letter with acknowledgement of receipt, and addressed to the HOTEL's management.(b) Any dispute or claim by the CLIENT shall only be taken into account if it is made in writing, by registered letter with acknowledgement of receipt, and addressed to the management of the HOTEL within a maximum period of eight (8) working days (excluding Saturdays and Sundays) from the date of departure of the TRAVELLERS.
ARTICLE 12 - ATTRIBUTION OF COMPETENCE
In the event of any dispute arising from the interpretation or performance of this CONTRACT, and failing amicable agreement, the PARTIES agree that the dispute shall be governed by the laws of the country in which the contract is concluded.that the dispute shall be governed by French law and shall be submitted to the exclusive jurisdiction of the Commercial Court of Lille (59000), where the registered office of the HOTEL is located.
