GENERAL CONDITIONS OF SALE

These general terms and conditions of sale are intended to govern the commercial relations between the company SAS SNS, HÔTEL ESCURIAL, 18, Rue Pasteur 57000 Metz (hereinafter referred to as “the Hotel”) and its customers.

Preamble

1. These General Conditions of Sale apply to individual reservations
made by the customer for his personal needs.
These conditions apply to the exclusion of all other conditions, and in particular those applicable for other marketing channels of the Services.
The Customer is informed that the Hotel enters into partnership agreements with third-party travel service providers to enable them, using the services offered by these partners on their website, to search for, select and book rooms in the Hotel. Any reservation of hotel rooms made under these conditions implies the consultation and full and unreserved acceptance by the Customer of the specific conditions of the service 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, where applicable, over any other version or any other contradictory document. Unless proven otherwise, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Customer. Thus, the entry of banking information, the acceptance of the General Conditions of Sale, the Conditions of Sale of the rate or the Reservation Request, has the same value between the Hotel and the Customer as a handwritten signature on paper. The computerized Records stored in the Hotel’s computer systems will be kept under reasonable security conditions and considered as proof of communication, orders and payments between the Hotel and the Customer.
2. The reservation request entails adherence to these conditions of sale and full and unreserved acceptance of their provisions.
3. The reservation request must be made in the name of one of the persons who will be staying at the Hotel (hereinafter referred to as the “Customer”).
For all private group reservations, or on behalf of an organization or company, a rooming list is required by the hotel to identify all the people who will be staying at the hotel,
4. The customer acknowledges having read and accepted these general conditions of sale and the conditions of sale of the reserved rate accessible on the website.
5. The client declares that he has the capacity to contract, that is to say, that he is of legal age and is not under guardianship or trusteeship.
6. The customer’s agreement to the general terms and conditions of sale and the terms and conditions of sale of the reserved rate is made at the time of booking; no booking is possible without this agreement.
7. Payment made when making a reservation for which the price conditions do not allow for modification or cancellation of the reservation will hereinafter be referred to as prepayment.

Article 1: Reservation

1. The reservation is deemed to be made upon validation of the banking data.
2. The customer may book on the Website, individually and for his or her personal needs, a limited number of rooms per reservation and on a single Mobile Service. For all reservations of 4 (four) rooms or more, the Hotel reserves the right to apply specific pricing conditions and cancellation policies to the corresponding contracts.
3. The customer undertakes, prior to any reservation, to complete the information requested on the reservation request.
4. The customer attests to the truthfulness and accuracy of the information transmitted.
5. The reservation procedure includes the following steps:
● step 1: choice of room and rate;
● step 2: selection, where applicable, of one or more additional services (valid only on the site);
● step 3: verification of the details of the reservation, its total price, the applicable sales conditions and any adjustments to the choice (room, rate, additional service);
● step 4: providing customer contact details;
● Step 5: Entering the bank card in the event of a guarantee or prepayment request
● step 6: consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate before validation of the reservation;
● step 7: validation of the reservation by the customer.
The Hotel ESCURIAL acknowledges receipt of the customer’s reservation by sending an email to the customer immediately at the email address previously provided, summarizing the contract offer, the services reserved, the prices, the sales conditions relating to the selected rate, accepted by the customer, and the date of the reservation made.

Article 2: Cancellation conditions

1. The customer is reminded, in accordance with Article L. 121-20-4 of the Consumer Code, that he does not have the right of withdrawal provided for in Article L. 121-20 of the Consumer Code.
2. The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation.
3. Reservations with prepayment cannot be subject to any modification and/or
cancellation. The amounts paid in advance, which are the deposit, will not be subject to any refund. In this case, it is mentioned in the conditions of sale of the tariff.
4. When the conditions of sale of the reserved rate allow it, the cancellation of the reservation can be made directly on the Site or the Mobile Services via the section.
“Consult or cancel your reservation.”
5. In the event of interruption of the stay (unforeseen departure), the client will also have to pay for the night on the day of departure. In the case of reservations with prepayment, no refund will be made.
6. Unless expressly stated otherwise, rooms are available from 3 p.m. on the day of arrival and the guest must vacate the room before 11 a.m. on the day the reservation ends.
Late check-out is possible on request, depending on room availability and for an additional fee.

Article 3 – Price

1. Prices are quoted in euros. Prices include VAT applicable on the day of the order and any change in the applicable VAT rate (10%) will be automatically reflected in the prices quoted on the invoice date.
2. The prices indicated only include the services strictly mentioned in the reservation. To the price mentioned in the reservation will be added, during invoicing, the following: additional services provided by the hotelier during the stay and tourist tax.
3. The applicable prices are those in effect on the day of booking. Only the price indicated in the booking confirmation is contractual.
The Services offered by the Provider are provided at the rates in effect on the Hotel’s website when the reservation is registered by the Provider. Prices are expressed in Euros, excluding and including VAT.
The prices take into account any reductions that may be granted by the Service Provider under the conditions specified on the Hotel’s website.
These rates are firm and not subject to revision during their period of validity, as indicated on the Hotel’s website. The Service Provider reserves the right, outside this period of validity, to modify the prices at any time.
Rates are indicated before and at the time of booking by the Customer. They are per room for the number of people and the date selected.
The prices are confirmed to the Client in the amount including tax (excluding tourist taxes) in the currency commercial use of the Hotel. They take into account VAT at the rate applicable on the day of booking; any change in the applicable VAT rate will be automatically reflected in the rates indicated on the invoice date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
Rates do not include tourist tax payable directly on site at the hotel.
The Customer undertakes to pay these various taxes without any dispute to 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, additional services (breakfast, etc.) are not included in the price.
The conversion into foreign currency is given for informational purposes only and is not contractual. If a rate involves payment directly to the Hotel upon arrival or departure of the Customer and the Customer’s currency is not the same as that of the Hotel, the rate charged by the Hotel may be different from that communicated at the time of booking, taking into account the evolution of the exchange rate between the booking date and the payment date. An invoice is drawn up by the Service Provider and given to the Client upon provision of the reserved Services.

Article 4: Payment terms

1. Payment for all services provided directly by the hotel will be made directly to the hotel (except for reservations pre-paid at the time of booking).
2. The customer provides their bank details as a guarantee of the reservation, except for special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, etc.)
Express) by directly indicating, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the numbers, as well as its expiry date and the visual cryptogram.
3. Payment is debited at the hotel during the stay, except in the case of special conditions or rates where payment is debited at the time of booking (online prepayment for certain rates). This prepayment is referred to as a deposit.
4. In the case of a rate subject to online prepayment, the amount paid in advance, which is the deposit, is debited at the time of booking.
5. At the time of prepayment, the amount debited upon reservation includes: the price of accommodation, the price of catering if breakfast is chosen, taxes and any other additional services selected by the customer, except the tourist tax.
6. In the event of a no-show (reservation not cancelled – customer not present) for a reservation guaranteed by credit card, the hotel will debit the customer, as a fixed compensation, the total amount on the credit card that was given as a reservation guarantee.
7. The credit card used for a prepayment may be requested by the reception upon arrival at the hotel. It must be in the name of the reservation. Otherwise, it will be necessary to contact the hotel in advance, to fill out an authorization form and provide a copy of the bank card and the identity document of the cardholder for authorization. If necessary, the hotel may ask the guest to pay the deposit on site with his own bank card in exchange for which the hotel will refund the deposit initially paid on the card used to make the reservation.

Article 5: Relocation

In the event of force majeure, exceptional events, or technical problems at the hotel making the guest’s stay impossible, the hotel will make every effort to find alternative accommodation, if possible in a hotel of the same or higher category. Any additional cost of the room and the outward journey between the two hotels will be covered by the hotel.

Article 6: Hotel stay

1. Upon arrival at the hotel, the guest is asked to present an ID card to verify their identity. The hotel reserves the right to cancel the reservation if the guest does not present an ID card. As a guarantee, a deposit of €100 in cash may be requested or a pre-authorization on the credit card used for payment at the time of booking or the one provided at check-in.
2. The customer accepts and undertakes to use the room in a reasonable manner and in accordance to its destination. Also, any behavior contrary to good morals and public order will lead the hotelier 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.
3. Valuables or personal effects left in the Hotel room, or in the
public areas of the Hotel are its sole responsibility. The Hotel cannot be held liable
responsible for the loss, theft, deterioration or damage caused to said belongings. The hotel has a safe; the guest may request to store their belongings there.
4. The customer undertakes that the IT resources (WIFI access) made available to him by the hotel will not be used in any way for illicit purposes. The customer is also required to comply with the security policy of the hotel’s internet service provider, including the rules for using the security measures implemented to prevent the illicit use of IT resources and to refrain from any act that undermines the effectiveness of these measures.
5. The client will be held responsible for any damage, deterioration, or act of vandalism that may occur due to the occupation of the premises and/or due to the actions of the participants and/or staff in his charge, both to property and damage resulting from the use of the Internet network such as loss of data, viruses, and interruption of service.
5. Unfortunately, pets are not allowed, with the exception of guide dogs for the visually impaired. In the event of damage or deterioration caused by an animal brought into the property without the reception’s knowledge, the animal’s owner will be held directly liable.
6. Smoking or vaping is not permitted inside the hotel. Otherwise, the guest is liable to a penalty of €150, which will cover the cost of closing and fully cleaning the room.

Article 7: Claims and Disputes:

Any complaint must be addressed to the hotel or by registered letter with acknowledgment of receipt, no later than 15 days after the departure date, otherwise it will be foreclosed. All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale may give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and 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. The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the option of:
1) contact the consumer mediator to whom the professional belongs free of charge, namely the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional. The referral to the consumer mediator must be made:
– either by completing the form provided for this purpose on the AME website
CONSO: www.mediationconso-ame.com;
– or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS.
2) submit your complaint on the European online dispute resolution platform: ec.europa.eu/consumers/odr

Article 8: Responsibilities

1. The photographs presented on the website are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the hotels presented provide as accurate an overview as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or possible renovations. The customer cannot claim any claims in this regard.
2. The hotel cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, unforeseeable and insurmountable, due to the customer or its partners, such as unavailability of the internet network, impossibility of accessing the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder’s bank.

Article 9: Respect for privacy and protection of personal data

1. The Hotel implements personal data processing, for which it is responsible.
2. As part of this processing, the Hotel collects information regarding the customer’s identity, email and/or postal address, telephone number, credit card information required for room payment and other information related to specific customer requirements.
3. The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses by the presence of an asterisk.
4. All services will be recorded and accessible by the customer upon simple request to the following address: hotelescurialmetz@hotmail.com
5. In accordance with Law 78-17 “Information Technology and Freedoms” of January 6, 1978, as amended, and
General Data Protection Regulation came into force on May 25, 2018, the customer has the right to access, rectify and oppose the personal data processed concerning them.
6. The customer may also refuse the processing, request a limitation thereof or request the deletion (within the limits of the legal retention periods) of personal data.
7. This right can be exercised by simple written request to the e-mail address, which will respond to requests made.
8. The purpose of processing the personal data collected corresponds to the obligations relating to the services provided (customer management, commercial prospecting, production of statistics).
9. Certain personal data may be collected for services provided by the
service providers of the Hotel for the purpose of booking or execution of the contract, booking
hotel management, quality control management, and complaints (Cudbe). This service provider has its own privacy policy. We accept no responsibility for its policy or the processing of personal data.

Article 10: Applicable law – language

These general conditions of sale are governed by French law.
The authoritative language is French. If the general terms and conditions of sale are translated into a foreign language, the French language shall prevail over any other translation in the event of a dispute, litigation, difficulty in interpreting or executing these terms and conditions and, more generally, concerning the existing relations between the parties.

Article 11: Evolution / modification of the general conditions of sale via the Internet

These General Terms and Conditions of Online Sales may be amended and/or supplemented at any time. As soon as they are posted online, the new version of the General Terms and Conditions of Online Sales will automatically apply to all customers.

Article 12: Force majeure

The Parties shall not be held liable if the non-performance or delay in
the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of article 1218 of the Civil Code.

ARTICLE 13: Pre-contractual information – Customer acceptance

The Customer acknowledges having received, prior to making his reservation and concluding the contract, in a legible and comprehensible 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 additional costs;
● in the absence of immediate execution of the contract, the date or period by which the 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 are not apparent from the context,
● information relating to legal and contractual guarantees and their implementation procedures;
● the functionalities of the digital content and, where applicable, its interoperability;
● the possibility of resorting to conventional mediation in the event of a dispute;
● information relating to important contractual conditions.
● the payment methods accepted.
The fact that a natural person (or legal entity) makes a reservation on the Hotel’s website or by any other means of reservation implies full adherence to and acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.