TERMS AND CONDITIONS OF SALE
General conditions of sale
The capitalized terms used herein, without prior definition, have the following meanings:
«Client» means a natural person, of full age, acting for his personal needs and having full legal capacity to engage under the present.
«Conditions of sale of the reserved rate» means the special conditions of each reservation made by the Customer.
«Booking confirmation» means the document summarizing the details of the booking made by the Client sent by the website or the Hotel to the Client.
«Reservation Request» means any hotel room reservation request made by the Customer.
«Hotel» means the Hotel Artemisia Montmartre
«Partners» means any service provider that has concluded a service contract or partnership agreement with the Hotel.
«Service» means any hotel room booking service carried out by the Client on the Hotel’s website and related services, such as the SPA,.
«Hotel website» means the website dedicated to the Hotel.
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of the hotel room reservation services and related services («the Services») offered by the Hotel ( «the Provider» or the «Hotel») to consumers and non-professional clients (“Clients or Client”).
The main features of the Services are presented on the Hotel’s website.
The Customer is obliged to read it before making any reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares:
Have the full legal capacity to commit under these General Conditions of Sale.
Make the reservation of hotel rooms and related services for personal needs.
Be able to save and print these Terms and Conditions.
These conditions apply to the exclusion of all other conditions, including those applicable to other marketing channels of the Services.
It is brought to the Client’s attention that the Hotel enters into partnership agreements with third-party travel providers in order to enable him, using the services offered by these partners on their website, to search, select and book rooms in the Hotel. Any reservation of hotel rooms made in these conditions implies the consultation and full and unreserved acceptance by the Customer of the particular conditions of the provider, the conditions of sale of the reserved rate and these general conditions of sale. The Customer declares to have obtained from the Hotel all the necessary information available on the website.
These General Conditions of Sale are accessible at any time on the Hotel’s website and will prevail, if applicable, over any other version or any other contradictory document.
These General Conditions of Sale are accessible at any time on the Hotel’s website and will prevail, if applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in the service provider’s IT system constitutes proof of all transactions concluded with the Client. Thus, the entry of banking information, the acceptance of the General Conditions of Sale, the Conditions of Sale of the tariff or the Reservation Request, between the Hotel and the Customer the same value as a handwritten signature on paper. The computerized Registers kept in the Hotel’s computer systems will be kept under reasonable security conditions and considered as proof of communication, order and payment between the Hotel and the Customer.
The Hotel keeps the written record of the conclusion of the contract in electronic or paper format for a maximum of 3 years.
These General Conditions of Sale also include the Charter on Personal Data.
The Customer declares to have read these General Conditions of Sale (including the Charter on Personal Data) and have accepted them by ticking the box provided for this purpose before the implementation of the online booking procedure and the General Conditions of Use of the Hotel’s website.
The validation of the reservation of the Services by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale (including the Charter on Personal Data).
These General Conditions of Sale may be subject to subsequent amendments, the version applicable to the purchase of the Customer is the one in force on the website at the date of the reservation.
These General Terms and Conditions of Sale are applicable for the duration of the services offered by the Hotel on the Hotel’s Website. The Hotel reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – BOOKING ROUTE
2.1. Booking one or more nights on the hotel website, on a partner website or by phone
The Customer selects on the website the services he wishes to book, in the following ways:
1. Room type and rate selection
2. Selection of ancillary services if applicable
3. Verification and validation of booking details, total booking amount, fare conditions
4. Provide contact information
5. Entering your credit card details in case of guarantee or prepayment
6. Consultation and acceptance of the general conditions of sale and the conditions of the rate selected prior to the validation of his reservation
7. Validating your booking
The Customer acknowledges having taken note of the nature, the destination and the booking methods of the Services offered by the Hotel and having requested and obtained the information necessary to make his reservation in full knowledge of the facts. He is solely responsible for his choice of services and their adequacy to his needs, so that the responsibility of the Hotel cannot be sought in this regard.
For reservations made exclusively on the internet, the registration of a reservation on the Service Provider’s website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his reservation. The Customer has the possibility to check the details of his reservation, his total price and correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of all the present General Conditions of Sale and constitutes a proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the booking and immediately report any errors.
The sale of Services will only be considered final after the confirmation of acceptance of the reservation by the Service Provider has been sent to the Customer, by email and after receipt by the latter of the full price.
Any reservation made on the Hotel’s website constitutes the formation of a remote contract between the Client and the Service Provider.
The Hotel reserves the right to cancel or refuse any reservation of a Client with whom there is a dispute relating to the payment of a previous reservation.
Except in the case of group bookings, each reservation is nominative and may not be transferred to a third party.
2.2. Booking a gift voucher on online shops and a Marketplace
The Customer selects on the website the services he wishes to book, in the following ways:
1. Select the type of service or gift voucher
2. Selection of ancillary services if applicable
3. Verification and validation of booking details, total booking amount, fare conditions
4. Provide contact information
5. Entering your credit card details in case of guarantee or prepayment
6. Consultation and acceptance of the general conditions of sale and the conditions of the rate selected prior to the validation of his reservation
7. Validating your booking
The Customer acknowledges having taken note of the nature, the destination and the booking methods of the Services offered by the Hotel and having requested and obtained the information necessary to make his reservation in full knowledge of the facts. He is solely responsible for his choice of services and their adequacy to his needs, so that the responsibility of the Hotel cannot be sought in this regard.
The Customer undertakes to complete the information requested on the booking request and attests to the veracity and accuracy of the information transmitted.
The contractual information is presented in French and is confirmed at the latest at the time of confirmation of the reservation by the Customer.
For reservations made exclusively on the internet, the registration of a reservation on the Service Provider’s website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his reservation. The Customer has the possibility to check the details of his reservation, his total price and correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of all the present General Conditions of Sale and constitutes a proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the booking and immediately report any errors.
The sale of Services will only be considered final after the confirmation of acceptance of the reservation by the Service Provider has been sent to the Customer, by email and after receipt by the latter of the full price.
Any reservation made on the Hotel’s website, a partner website or a marketplace constitutes the formation of a remote contract between the Client and the Service Provider.
The Hotel reserves the right to cancel or refuse any reservation of a Client with whom there is a dispute relating to the payment of a previous reservation.
2.3 Cancellation
2.3.1 Cancellation/ Modification of a reservation at the Non Cancellable Non Refundable rate
In the event of cancellation or modification of the reservation at the Non cancellable rate which is non-refundable by the Client, for any reason whatsoever, an amount corresponding to 100% of the total prepaid amount shall be automatically acquired by the Service Provider and invoiced to the Client. It will be the same in case of no-show on the date of arrival.
2.3.2 Cancellation of a Flexible Rate Reservation
In case of cancellation of the Flexible rate reservation by the Client after its acceptance by the Hotel less than 48 hours before the scheduled date of stay, for any reason whatsoever, a sum corresponding to the total amount of the 1st night will automatically be acquired by the Service Provider and invoiced to the Client, as damages, to compensate for the damage suffered.
2.3.3 Cancellation of a reservation of a gift voucher ordered on an online store or marketplace
In case of cancellation or modification of an order of a gift voucher placed on an online store or on a marketplace, a sum corresponding to 100% of the total prepaid amount will automatically be acquired to the Service Provider and billed to the Customer. It will be the same in case of no-show on the date of arrival.
ARTICLE 3 - TARIFFS
The Services offered by the Provider are provided at the rates in force on the Hotel’s website when the Provider registers the reservation. Prices are expressed in Euros, HT and TTC.Les tariffs take into account any discounts that would be granted by the Service Provider under the conditions specified on the Hotel’s website.
These rates are firm and cannot be revised during their period of validity, as indicated on the Hotel’s website, the Service Provider reserving the right, outside this period of validity, to change the prices at any time.
The rates are indicated before and during the reservation made by the Customer. They are per room for the number of people and the selected date.
The rates are confirmed to the Client in the amount including VAT (excluding tourist taxes) in the commercial currency of the Hotel. They take into account VAT at the rate applicable on the day of booking; any change in the rate applicable to VAT will automatically be reflected on the rates indicated on the billing date. The same shall apply to any modification or introduction of new legal or regulatory fees imposed by the Competent Authorities.
Rates do not include the Tourist Tax, which can be paid directly on site at the Hotel.
The Client undertakes to pay these various taxes without dispute at the Hotel.
The payment requested from the Customer corresponds to the total amount of the purchase, with the exception of this Tax.
Unless otherwise stated on the Site, ancillary services (breakfast, etc.) are not included in the price.
The conversion into foreign currency is indicative and not contractual. If a rate involves payment directly to the Hotel upon arrival or departure of the Client and the currency of the Client is not the same as that of the Hotel, the rate charged by the Hotel is likely to be different from that communicated at the time of booking, given the evolution of the exchange rate between the booking date and the payment date.
An invoice is drawn up by the Service Provider and delivered to the Client when providing the Services booked.
ARTICLE 4 – TERMS OF PAYMENT
4.1 Payment of the non-cancellable and non-refundable rate
The Price is payable in cash, in full on the day of the confirmation of the reservation by the Customer, according to the terms specified in the article "BOOKING JOURNEY", by secure payment:
- By credit card: Visa, MasterCard, America Express,
Payment data is exchanged in encrypted mode thanks to the SSL protocol.
When booking, the Customer communicates his bank details by specifying the name of the credit card, the credit card number, the cryptogram and the date of validity (the credit card must be valid until the end date of the stay).
The Customer will present himself at the Hotel with the credit card that allowed him to make the payment of the reservation. They may be asked to show identification as part of the procedures to prevent bank card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in the above conditions.
Payments made by the Client shall be considered final only after actual collection of the sums due by the Service Provider.
4.2 Payment of the flexible rate
The price is payable in cash, in full on the day of the provision of the Services reserved under the conditions defined in the article "PROVISION OF SERVICES", as indicated on the invoice delivered to the Customer, by secure payment:
- By bank cards: Visa, MasterCard, American Express, Payment data is exchanged in encrypted mode thanks to the SSL protocol.
The Hotel will ask the Customer, upon arrival, to pay a security deposit or authorize the debit of his credit card, in order to guarantee the payment of the sums corresponding to the services consumed on the spot or the possible damage that it would have caused to the installations during its stay.
The hotel reserves the right to temporarily block a maximum amount equal to the full price of the stay (also called «pre-authorization» bank), without this immobilization can not exceed a total duration of 30 days.
The Customer will then communicate his bank details by specifying the name of the bank card, the number of the bank card, the date of validity (the bank card must be valid until the end date of the stay) and the cryptogram.
The Customer may be asked to present an identity document as part of the procedures to prevent bank card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in the above conditions.
Payments made by the Client shall be considered final only after actual collection of the sums due by the Service Provider.
4.3 Payment of a gift voucher on an online store or Marketplace
The Price is payable in cash, in full on the day of the confirmation of the reservation by the Customer, according to the terms specified in the article "BOOKING JOURNEY", by secure payment:
- By credit cards: Visa, MasterCard, America Express, Payment data is exchanged in encrypted mode thanks to the SSL protocol.
When booking, the Customer communicates his bank details by specifying the name of the credit card, the credit card number, the cryptogram and the date of validity (the credit card must be valid until the end date of the stay).
The total amount of the gift voucher will be immediately charged to the bank card provided.
The Hotel may ask the Client, upon arrival, to pay a security deposit or to authorize the debit of his bank card, in order to guarantee the payment of the sums corresponding to the services consumed on site.
The Customer will present himself at the Hotel with the credit card that allowed him to make the payment of the reservation. They may be asked to show identification as part of the procedures to prevent bank card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in the above conditions.
Payments made by the Client shall be considered final only after actual collection of the sums due by the Service Provider.
ARTICLE 5 – PROVISION OF SERVICES
5.1. General
The Services booked by the Client, which include hotel room reservation services and related services will be provided in the following ways, in the conditions provided for in these General Conditions of Sale which the Customer has read and accepted when booking on the Hotel’s website.
Upon arrival, the Client will be asked to present his identity document so that the Hotel can complete a Police File.
5.2. Use of the Chamber
The guest accepts and undertakes to use the room as a good father/ mother. Also any behavior contrary to morality and public order will cause the Hotel to ask the Customer to leave the establishment without any compensation and/ or without any refund if a payment has already been made. In the event that no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
The Client will be held responsible for all direct and/or indirect damages of which he is the author, found in the room reserved or that he could cause within the Hotel. Accordingly, it undertakes to compensate the Hotel for the amount of said damages, without prejudice to any damages that may be due, costs of proceedings and lawyers incurred by the Hotel.
Unless otherwise expressly provided, the Room will be made available to the Client on the day of arrival at 2 pm and the Client will leave the room on the day of departure at 12 pm. Otherwise, an additional night will be charged to the Client. The Client must check his departure date. In case of early departure, a fee equivalent to one night will be charged, unless the Client has notified the Hotel at least 24 hours before departure.
The Service Provider undertakes to make its best efforts to provide the Services booked by the Client, within the framework of an obligation of means.
5.3. Personal effects.
The personal effects of the Client left in the Hotel room, especially outside the safe or in the public areas of the Hotel are his sole responsibility. The Hotel cannot be held responsible for loss, theft, damage or damage caused to said effects.
5.4. Internet access and WIFI.
WIFI access allowing guests to connect to the internet can be offered according to the current Hotel Policy.
The customer undertakes that the computer resources made available by the hotel will not be used in any way for reproduction, representation, provision or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Code of Intellectual Property where such authorization is required. If the customer does not comply with the aforementioned obligations, he may be charged with an infringement (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment.
The customer is also required to comply with the security policy of the hotel’s internet service provider, including the rules for the use of security measures implemented to prevent the unlawful use of computer resources and to refrain from any act that undermines the effectiveness of such measures.
5.5. Use of cigarettes, electronic cigarettes and similar products.
The Hotel is a completely non-smoking area.
Therefore, it is strictly forbidden to use cigarettes, electronic cigarettes or similar products in the hotel. The guest will be held responsible for direct and/or indirect damages, resulting from the act of smoking in the Hotel. It will therefore be liable for the full amount of the cost of cleaning and restoring the original condition of the damaged element or space.
5.6. Pets.
Pets, when kept on a leash or in cages in the common areas of the establishment, may be accepted according to the policy in force of the Hotel upon payment of a supplement. For hygiene reasons, pets are not allowed in the dining rooms.
Guide dogs are allowed in the establishment, no extra charge.
ARTICLE 6 – RECLAMATION
The Client will have a period of 8 days from the date of departure from the Hotel to issue, in writing, reservations or complaints concerning the provision of the Services, with all the related supporting documents, to the Hotel.
For this purpose, he can contact the Customer Service directly with the hotel in which he stayed.
No claim can be validly accepted in case of non-compliance with these formalities and deadlines by the Customer.
In the absence of reservations or complaints expressly issued within this period by the Customer upon receipt of the Services, they will be deemed to comply with the reservation, in quantity and quality.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the Consumer Code, given the nature of the services provided.
The contract is therefore concluded definitively as soon as the booking is made by the Customer in accordance with the terms and conditions specified in these General Conditions of Sale.
The hotel reserves the right to temporarily block a maximum amount equal to the full price of the stay (also called «pre-authorization» bank), without this immobilization can not exceed a total duration of 30 days.
The Hotel will ask the Customer, upon arrival, to pay a security deposit or authorize the debit of his credit card, in order to guarantee the payment of the sums corresponding to the services consumed on the spot or the possible damage that it would have caused to the installations during its stay.
The Customer undertakes to complete the information requested on the booking request and attests to the veracity and accuracy of the information transmitted.
The contractual information is presented in French and is confirmed at the latest at the time of confirmation of the reservation by the Customer.
ARTICLE 8 – SERVICE PROVIDER LIABILITY - GUARANTEE
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any lack of conformity or hidden defect, resulting from a failure to perform the Services reserved and actually paid under the terms and conditions defined in these General Terms of Sale.
The Services provided through the Hotel’s website comply with the regulations in force in France.
The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which is the responsibility of the Client, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 9 – IMPREVISION
These General Terms and Conditions of Sale expressly exclude the legal regime of unpredictability provided for in Article 1195 of the Civil Code for all Service Provider operations to the Client. The Service Provider and the Client therefore each waive the provisions of Article 1195 of the Civil Code and the system of unpredictability provided for therein, committing to assume its obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution would prove to be excessively expensive and to bear all the economic and financial consequences.
ARTICLE 10 – FORCE MAJEURE AND DELOGEMENT
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
In case of dislocation, in particular due to an exceptional event, case of force majeure or inability to make the reserved room available to the Customer, the Hotel reserves the right to have the Client accommodated in full or in part in a Hotel of equivalent category, for services of the same nature and subject to the prior agreement of the Client.
ARTICLE 11 – INFORMATION TECHNOLOGY AND FREEDOM
Pursuant to Law 78-17 of 6 January 1978, as amended by Law 2018-498 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his reservation and the preparation of invoices, in particular.
The Customer is informed that his IP address is registered at the time of booking.
This data is processed and intended for the Hotel and may be communicated to its potential partners responsible for the execution, processing, management and payment of reservations and the Customer’s stay.
In addition, the Hotel may send by email to its customers a letter of information, promotional offers, a satisfaction questionnaire following their hotel stay.
The processing of information communicated via the Hotel’s website has been the subject of a declaration to the CNIL.
In accordance with the provisions of Articles 15 to 21 of Regulation UE 2016/679 of the European Parliament of 27 April 2016 (GDPR), the Customer has a right of access, rectification, erasure, limitation, portability and opposition.
You can exercise this right with our Data Protection Officer at direction@artemisia-hotel.com at the following postal address: Hotel Artemisia Montmartre 11 rue Fromentin 75009 Paris
If you notice an irregularity in the processing of your data, you can lodge a complaint with the National Commission of Informatics and Freedoms («CNIL»).
In addition, the Customer is reminded that, in accordance with the law of 14 March 2014, he has the possibility to refuse to be approached by a professional with whom he has no contractual relationship by registering on the site Bloctel.gouv.
For more information on the processing of your data, we invite you to consult our Data Protection Charter.
ARTICLE 12 – INTELLECTUAL PROPERTY
The content of the Hotel’s website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.
ARTICLE 13 – MISCELLANEOUS PROVISIONS
These General Conditions of Sale, the Charters of Personal Data, the Conditions of Sale of the price reserved by the Customer, the Booking Request, the Booking Confirmation by the Customer, constitute the entire agreement of the parties within the limits of its purpose. They shall, accordingly, replace and cancel any prior verbal or written agreement.
No tolerance, whatever the nature, the extent, the duration or the frequency, can be considered as creator of any right and cannot lead to limit in any way whatsoever, the possibility to invoke each of the clauses of these General Conditions of Sale.
Any clause of these General Conditions of Sale that would be declared null or illegal by a competent judge would be without effect, but its nullity cannot affect the other stipulations, nor affect the validity of the General Conditions of Sale in their entirety or their legal effects.
ARTICLE 14 – LANGUAGE, APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These General Terms and Conditions of Sale are written in French, without impeding any mandatory protective provisions applicable in the country of residence of consumers. In the event that they are translated into one or more foreign languages, only the French text would prevail in case of dispute.
These General Conditions of Sale and the resulting operations are governed by and subject to French law.
The Customer is informed of the possibility of resorting, in the event of a dispute relating to these General Conditions of Sale, to a conventional meditation procedure or to any other alternative mode of dispute resolution, under the conditions provided for in Article L612-1 of the consumer code.
The Client undertakes at first to contact the Hotel’s customer service in order to try to find an amicable solution to the dispute.
In the event of a negative response or no response within sixty (60) days from the date of referral, the Client may refer the matter to the Mediator of Tourism and Travel at the following address:
MEDIATOR OF TOURISM AND TRAVEL
PO 80303 – 75823 Paris Cedex 17
Or directly via their website by following the link: https://www.mtv.travel/saisir-le-mediateur/
The Customer is also informed of the existence of the European Online Dispute Resolution platform that he can seize in case of dispute by following this link: https://ec.europa.eu/consumers/odr/.
All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale could give rise, concerning both their validity, their interpretation, their execution, their termination, consequences and consequences which could not have been resolved between the Hotel and the Client will be submitted to the competent courts under the conditions of common law.
ARTICLE 15 – PRE-CONTRACTUAL INFORMATION AND CUSTOMER ACCEPTANCE
The Customer acknowledges having communicated, prior to the making of his reservation and the conclusion of the contract, in a readable and understandable manner, these General Conditions of Sale and all the information listed in article L. 221-5 of the Consumer Code, and in particular the following information:
the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
the price of the Services and related costs;
in the absence of immediate performance of the contract, the date or time period on which the Service Provider undertakes to provide the reserved Services;
information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they do not emerge from the context,
information on legal and contractual guarantees and their implementation procedures;
the functionalities of the digital content and, where appropriate, its interoperability;
the possibility of recourse to conventional mediation in the event of litigation;
information on important contractual conditions.
the means of payment accepted.
The fact for a natural person (or legal entity), to book on the website of the Hotel implies full acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, which waives, in particular, any contradictory document that is not enforceable against the Service Provider.
