Conditions générales de vente
PREAMBLE
These general terms and conditions of sale (hereinafter, the “General Terms and Conditions”) define the contractual relationship between any non-professional user (hereinafter, the “Client”) of Hôtel Novel Annecy (hereinafter, the “Hotel”) and its website www.hotelannecy.fr (hereinafter, the “Site”), operated by SOCIETE HOTELLIERE DE LA HAUTE SAVOIE, a simplified joint-stock company registered in the Trade and Companies Register under number 322 151 291 00026, whose registered office is located at 69 avenue de France – 74000 ANNECY, France, VAT number FR11322151291 (hereinafter, the “Provider”), from the booking until the Client’s departure from the Hotel, as well as the conditions applicable to any booking made through the reservation services of the Hotel’s Site.
The Provider reserves the right to modify, in whole or in part, the General Terms and Conditions at any time. In this case, the new version of the General Terms and Conditions will be available on the Site with its effective date. The applicable terms will be those in force on the date of validation of the Client’s booking.
The Client declares having read the General Terms and Conditions, whose prior acceptance is mandatory before confirming any booking. Any confirmed booking constitutes express and full acceptance of the General Terms and Conditions and a waiver to invoke any other purchase conditions. When booking is made on the Hotel’s Site, the Client declares having read and accepted the General Terms and Conditions by ticking the corresponding box before confirming the booking.
The Client may save and print these General Terms and Conditions using the standard functions of his/her browser or computer.
SCOPE OF APPLICATION
The General Terms and Conditions apply to all bookings made directly with the Provider or online through the booking services of the Hotel’s Site.
The General Terms and Conditions apply to all services offered by the Hotel.
The recording of the booking and sending of the confirmation shall constitute proof of the transaction and acceptance of the operations performed.
CAPACITY
The Client declares that he/she acts for personal purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity and has full legal capacity to commit under these General Terms and Conditions.
The Client is responsible for the use of the Hotel’s booking site, both on his/her own behalf and on behalf of third parties, in particular minors. In this respect, the Client guarantees the truthfulness and accuracy of the information provided, both by himself/herself and by the minors under his/her care at the time of booking.
Any fraudulent use of the Hotel’s booking services or any use contrary to the General Terms and Conditions may result in refusal of access to the services offered and lead to legal proceedings before the competent courts. Contact email: [email protected]
FORMATION OF THE CONTRACT
The contract is deemed to be formed once a booking number has been assigned by the Provider to the Client and communicated at the time of booking confirmation, by any means of communication (phone, email, mail, etc.).
BOOKING
The Client selects services among those offered by the Provider and presented on the Hotel’s Site according to his/her needs.
The Client acknowledges having read and understood the nature, purpose, and booking terms of the services available on the Hotel’s Site and having requested and obtained the necessary and/or complementary information to make his/her booking with full knowledge of the facts.
The Client alone is responsible for his/her choice of services and their suitability for his/her needs, so that the Provider cannot be held liable in this respect.
The booking is deemed accepted by the Client at the end of the booking process.
BOOKING METHODS
Bookings for services offered by the Hotel may be made by telephone at +33 (0)4 50 23 75 74, by email, or online via the Hotel’s Site at [email protected].
A written confirmation of the booking will be sent to the Client as soon as possible and no later than eight (8) days following the booking, by any means of communication.
This confirmation will include essential booking details such as the type of room reserved, number of nights, price, expected availability date, as well as any other services included by the Client in the booking request.
PROOF OF TRANSACTION
It is expressly agreed that, except in case of manifest error proven by the Client, data stored in the Provider’s information system, on electronic or computerized media, have evidential value concerning the bookings made by the Client. These data may be produced as evidence in any litigation or other procedure and shall be admissible, valid, and binding between the parties in the same way, under the same conditions, and with the same evidential force as any document established, received, or kept in writing.
PRICE
The prices related to the booking are indicated before and during the booking process.
The amount payable by the Client includes the price of the stay (unit price of the room selected by the Client multiplied by the number of nights) plus any options chosen during booking (unit price multiplied by quantity ordered), if applicable. Unless otherwise stated on the Site, options (such as breakfast) not offered at the time of booking are not included in the price.
Prices are indicated inclusive of all taxes (VAT included), in euros, and valid only for the date or period indicated on the Site.
The tourist tax, indicated for each rate, must be paid directly on site to the Hotel unless otherwise specified at booking.
Any modification or introduction of new governmental or local taxes imposed by the competent authorities will automatically be reflected in the prices at invoicing date.
For bookings made online on the Hotel’s Site, the Client may choose between several rates:
- a preferential, non-modifiable and non-refundable rate;
- a flexible rate allowing modifications and refunds, with specified conditions of modification and refund.
The Provider reserves the right to modify prices at any time without notice on brochures, commercial materials, and prices displayed at the premises. These modifications do not apply to bookings previously accepted by the Provider.
PAYMENT TERMS
At booking, the Client must provide authentication details of his/her credit card to validate the booking. Otherwise, the booking will be automatically cancelled.
The Hotel may also request presentation of an identity document to prevent credit card fraud.
For the preferential prepayment rate: the total booking price is debited at booking time on the credit card provided by the Client. The Client expressly acknowledges this prepayment and that the card will be debited before the stay. The booking is considered effective only after approval by banking payment centers. In case of refusal, the booking is automatically cancelled. Payment must be made with credit cards indicated on the Site via a secure internet page. Credit card details are encrypted using SSL protocol up to 128 bits and never transmitted unencrypted online.
For the flexible rate: no prepayment is required. The Client’s credit card number is required to validate booking but will not be debited. Payment must be made directly to the Provider at the Hotel upon Client’s departure.
For rates not prepaid online: The Hotel may require a deposit or authorization to debit the credit card upon arrival to guarantee payment for consumed services.
Payment of extras: extras (bar, telephone, etc.) not included in rates must be paid directly on site at the end of the stay. Otherwise, the Client authorizes the Provider to debit the credit card left as guarantee.
MODIFICATION OF THE BOOKING
This provision does not apply to bookings at the preferential rate.
Modification at Client’s request: modifications may be made free of charge subject to availability. Any price supplement due to requested modifications will be invoiced.
Modification at Provider’s request: in case of unavailability due to unforeseen events, the Provider commits to relocate the Client at no extra cost to an equivalent or higher standing hotel. Transfer costs will be borne by the Provider.
CANCELLATION POLICY
The Client is reminded that, under Article L. 121-20-4 of the French Consumer Code, he/she does not have the right of withdrawal provided by Article L. 121-20.
Bookings at the preferential rate cannot be cancelled by the Client.
For other bookings, cancellations must be sent by email with booking number.
For bookings made on the Site, the Client may cancel by clicking the link in the confirmation email and following instructions.
If the booking includes fees, these are non-refundable and specified at booking.
In case of cancellation, paid amounts will be refunded after deduction of cancellation fees.
Cancellations should be made as soon as possible after the cause arises.
Cancellation deadlines are counted from the “Expected arrival date” at noon (12:00) local time.
For one-night stays: cancellation must be made at least one day before arrival. Late cancellations or no-shows incur full charge excluding extras.
For stays longer than one night: cancellation must be at least one day before arrival. Late cancellations or no-shows incur first night charge excluding extras.
Provider cancellations incur no fees for Client.
HOTEL STAY
Reception is open 24/7.
Unless otherwise agreed, Client may check-in from 2 p.m. on arrival day and must check out before 11 a.m. on departure day. Late checkout incurs an additional night charge.
Client agrees to use room and common areas responsibly. Behaviour contrary to safety, hygiene, morals or public order may lead to immediate expulsion without compensation or refund.
Damages caused by Client may be invoiced directly. Penalties up to room price may apply for smoking violations.
Client agrees not to use IT resources (including WiFi) to reproduce, display, distribute or communicate copyrighted or related works without authorization from rights holders as per Intellectual Property Code.
CLIENT’S OBLIGATIONS AND RESPONSIBILITY
Client is solely responsible for information provided when creating account and bookings. Provider is not liable for erroneous or fraudulent data. Client is responsible for account use, including bookings by third parties or minors, unless fraudulent use without fault is proven. Provider must be notified immediately of any misuse.
Client commits to using the Site and services in compliance with regulations and these General Terms. Any breach causing damage entails Client’s liability and indemnity obligations towards Provider and third parties.
Client agrees to pay for bookings and respect special conditions.
Irregular, ineffective, incomplete or fraudulent bookings or payments will lead to cancellation at Client’s expense and possible legal action.
PROVIDER’S LIABILITY
Provider has obligation of means for online booking process and is not liable for internet-related damages such as data loss, intrusion, virus or service disruption. Hyperlinks to third-party sites do not engage Provider’s responsibility.
Photos on Site are not contractual; variations may occur due to renovations or changes. Client cannot claim compensation.
Intellectual property laws prohibit use or reproduction of Site contents without Provider’s express written permission.
Provider is not liable for indirect damages caused by third parties, Client or partners.
PERSONAL DATA
Client acknowledges and consents that the Hotel, as data controller, collects and processes personal data necessary for bookings management, billing, payments, commercial actions and satisfaction surveys. Data is shared with Hotel and its providers.
Mandatory or optional nature of data requested is indicated on forms by an asterisk.
Processing complies with applicable laws, with optimal data protection measures.
Client has rights of access, rectification, deletion and opposition. To exercise rights, Client must contact:
Hôtel Novel Annecy
69 avenue de France – 74000 ANNECY – France
Email: [email protected]
Site: www.hotelannecy.fr
Client is informed of the right, under Article L.223-2 of the French Consumer Code, to register on the telephone canvassing opposition list at the time of phone data collection.
COOKIES
The Site uses cookies, which are files stored on the Client’s computer hard drive to indicate prior visits. Cookies are used only to personalize services offered.
The Client may refuse cookies by configuring the browser but loses service personalization.
INTELLECTUAL PROPERTY
The Provider owns all intellectual property rights relating to the Site.
Texts, photos, images, icons, videos, software, and databases are protected by intellectual property rights.
Without prior written permission, it is strictly forbidden to reproduce, use, distribute or link to Site elements, even partially.
ENTIRE AGREEMENT
These General Terms, the sale conditions of the Client’s booked rate, and the booking confirmation constitute the entire agreement, including all information required by Articles L. 221-5 and L. 221-13 of the Consumer Code.
In case of conflict, the booking confirmation terms prevail.
FORCE MAJEURE
The Provider, Hotel, and Client are not liable for failure to perform obligations due to force majeure as defined by Article 1218 of the Civil Code.
Force majeure suspends mutual obligations.
Each party bears its own costs arising from force majeure.
CLAIMS
Claims must be sent by registered mail with acknowledgment of receipt to the Hotel within fifteen (15) days following the last night’s stay, under penalty of forfeiture.
JURISDICTION & MEDIATION
These General Terms and the contractual relationship are governed by French law.
All disputes related to these transactions will be submitted to competent courts under common law if no amicable solution is found.
Client is informed about the possibility to use conventional mediation, notably with the Tourism and Travel Mediator:
MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex
Email: [email protected]
More information at: www.mtv.travel
Client may use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm
