STANDARD TERMS AND CONDITIONS OF SALE
These Standard Terms and Conditions of Sale (hereinafter, the “Standard Terms and Conditions”) define the contractual relationship between any non-professional user (hereinafter, the “Client”) of the Urban Bivouac Hotel (hereinafter, the “Hotel”) and its website www.ubparis.com (hereinafter, the “Website”), operated by SAS UBPARIS, a simplified joint stock company registered with the Trade and Companies register of Paris under number 831 269 915 00011, having its registered office at rue Sthrau, 75013 Paris and VAT number FR91 831 269 915 (hereinafter, the “Service Provider”), from the time of reservation to the time the Client leaves the Hotel, as well as the conditions applicable to any reservation made through the reservation services of the Website of the Hotel.
The Service Provider reserves the right to modify the Standard Terms and Conditions entirely or in part at any time. In that event, the new version of the Standard Terms and Conditions will be available on the Website with its effective date. The applicable conditions shall be those in force on the day when the reservation of the Client is confirmed. The Client declares that it has reviewed the Standard Terms and Conditions, the prior acceptance of which is a necessary condition for confirmation of its reservation. All confirmed reservations imply the express and complete acceptance of the Standard Terms and Conditions and the waiver of the Client’s own conditions of purchase or other conditions. When the reservation is made from the Website of the Hotel, the Client declares that it has reviewed the Standard Terms and Conditions and accepted them by checking the box provided before the confirmation of the reservation. The Client may save and edit these Standard Terms and Conditions using the standard features of its browser or computer.
1. FIELD OF APPLICATION
The Standard Terms and Conditions apply to all reservations made directly with the Service Provider or online through the reservation services of the Website of the Hotel. The Standard Terms and Conditions apply to all the services offered by the Hotel. A record of the reservation and the sending of confirmation shall constitute evidence of the transaction and the acceptance of the operations carried out.
The Client declares that it is acting in its personal capacity for purposes unrelated to its commercial, industrial, trade, professional or agricultural activities and that it has full legal capacity to agree to these Standard Terms and Conditions. The Client declares that it is responsible for the use of the reservation feature of the Website of the Hotel, on its own behalf and on behalf of third parties, in particular minors. In that respect, the Client guarantees the truthfulness and accuracy of the information provided, both by itself and by the minors in its care at the time of booking. Fraudulent use of the reservation services of the Hotel or use that goes against the Standard Terms and Conditions may result in denial of the services offered and may give rise to legal proceedings before the competent courts.
3. FORMATION OF THE AGREEMENT
The Agreement shall be deemed to be formed when a reservation number is allocated to the Customer by the Service Provider and communicated to the Client when the reservation is confirmed, by any means of communication (telephone, email, post, etc.).
The Client may select services out of those offered by the Service Provider and presented on the Website of the Hotel according to its needs. The Client acknowledges that it has reviewed the nature, purpose and modalities of reservation of the services available on the Website of the Hotel and that it has requested and obtained the necessary and/or additional information in order to make its reservation in full knowledge of the facts. The Client shall be solely responsible for its choice of services and their suitability for its needs, and the Service Provider shall not have any liability in that respect. The reservation shall be deemed to be accepted by the Client at the end of the reservation process.
5. RESERVATION METHODS
Reservations for the services offered by the Hotel may be made by telephone at the following number: +33(0)1 83 75 69 83, by email to firstname.lastname@example.org or online via the Website of the Hotel or by letter addressed to: Urban Bivouac Hotel – 1 Rue Sthrau – 75013 Paris.
Written confirmation of the reservation shall be communicated to the Client as soon as possible, no later than eight (8) days following the reservation, by any means of communication. Such confirmation will include the essential details of the reservation, such as the type of room reserved, the number of nights, the price and the scheduled date of availability, as well as any other services that the Client may have included in its reservation request.
6. EVIDENCE OF TRANSACTION
It is expressly agreed that, unless otherwise proven, the data stored in the Service Provider’s information system, on computer or electronic media, shall have evidential weight concerning the reservations made by the Client. As a result, such data may be produced as evidence in any litigation or other proceedings, and shall be admissible, valid and enforceable between the Parties in the same way, under the same conditions and with the same evidential weight as any document that would have been made out, received or kept in writing.
The prices for the reservation are indicated before and at the time of booking. The amount to be paid 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 the options chosen at the time of booking (unit price multiplied by the quantity ordered), if applicable. Unless otherwise stated on the Website, options (breakfast) that are not offered at the time of booking are not included in the price
Prices are quoted inclusive of taxes (including VAT), in euros, and are only valid for the date or period indicated on the Website. The tourist tax indicated for each rate is to be paid directly at the Hotel unless otherwise specified at the time of reservation. Any change or introduction of new governmental or local taxes levied by competent authorities shall automatically be applied to the prices indicated on the date of invoicing. For reservations made online on the Website of the Hotel, the Client may choose between several rates depending on the period:
– a preferential rate for a non-modifiable and non-refundable reservation, prepaid at the time of reservation.
– a flexible rate for a modifiable and refundable reservation, where the conditions for modification and refund are specified.
The Service Provider reserves the right to change at any time and without prior notice the prices stated in brochures and other commercial material, as well as the prices displayed in the establishments. Such changes shall not apply to reservations previously accepted by the Service Provider.
8. TERMS OF PAYMENT
At the time of reservation, the Client shall communicate the authentication elements of its bank card in order to validate the reservation. Failure to do so will result in the automatic cancellation of the reservation. The Hotel may also ask the Client to show proof of identity in order to prevent bank card fraud.
-for the preferential rate with prepayment: the total price of the reservation shall be debited at the time of the reservation, from the bank card provided by the Client. The Client expressly acknowledges that this is prepayment and that its card will be debited before the stay.
The reservation confirmed by the Client will only be considered effective after the approval of the relevant bank payment centres. In the event of rejection by said centres, the reservation will be automatically cancelled. Payment shall be made with one of the bank cards indicated on the Website, through a secure web page. The details of the Client’s bank card shall be encrypted using the SSL (Secured Socket Layer) protocol.
The details of the Client’s bank card shall never travel on the Internet without encryption.
– for the flexible rate: no prepayment is required at the time of reservation. The Client’s bank card number is required to confirm the reservation but the Client’s bank card will not be debited except in the event of late cancellation or no-show. Payment for the reservation shall be made to the Service Provider directly at the Hotel at the time of the departure of the Client.
– for non-prepaid online rates: The Hotel may ask the Client upon arrival for a deposit or an authorisation to debit the bank card in order to guarantee the payment of the sums corresponding to the services consumed on the premises.
– payment of extra charges: any extra charges (bar, telephone, etc.) that are not explicitly included in the price list shall be paid directly on site at the end of the stay.
Otherwise, the Client expressly authorises the Service Provider to debit the bank card left as a guarantee for the payment of extra charges.
9. MODIFICATION OF THE RESERVATION
This provision shall not apply to reservations made at the preferential rate.
– Changes at the request of the Client: Changes to reservations may be made free of charge, subject to availability. Any additional charge resulting from the changes requested by the Client will give rise to an additional invoice.
– Modification at the request of the Service Provider: if the reserved rooms become unavailable due to a fortuitous event, the Service Provider agrees to offer alternative accommodation to the Client for no extra cost in a hotel of at least equivalent standing. The transfer costs relating to such relocation shall be borne by the Service Provider.
10. TERMS OF CANCELLATION OF RESERVATIONS
The Client is reminded that, in accordance with Article L. 221-28 of the French Consumer Code, it does not have the right of cancellation provided for in Article L. 221-18 of the French Consumer Code. Reservations at the preferential rate cannot be cancelled by the Client.
For other reservations, all cancellations must be sent by email with the reservation number. Reservations made on the Website of the Hotel may be cancelled by the Client by clicking on the link at the end of its confirmation email and following the instructions displayed on the screen. If the reservation includes reservation fees, those will not be refundable. The amount of the fees charged to the Client in the event of cancellation of a reservation are indicated at the time of reservation.
– Cancellation by the Client for a one-night stay: such cancellation must occur no later than at 3:59 p.m. on the day of arrival. For any cancellation after that time on the day of arrival or in case of no-show at the hotel – except in the event of a force majeure circumstance – the total amount of the reservation shall be charged, without the extra charges.
– Cancellation by the Client of a stay longer than one night: such cancellation must occur no later than at 3:59 p.m. on the day of arrival. For any cancellation after that time on the day of arrival or in case of no-show at the hotel – except in the event of a force majeure circumstance – the first night shall be charged, without the extra charges.
– Cancellation by the Service Provider: in the event of cancellation by the Service Provider, no fee shall be charged to the Client; the Service Provider undertakes to accommodate the Client for no extra cost in a hotel of at least equivalent standing. The transfer costs relating to such relocation shall be paid by the Service Provider if the client comes to the hotel, otherwise the Client will be informed in advance by telephone and/or email and will have to make its way directly to the other hotel.
11. HOTEL STAY
Reception is open 24 hours a day. Unless otherwise expressly agreed, the Client may arrive at the Hotel from 4 p.m. on the first day of the reservation and must leave the room by 12 p.m. on the day the reservation ends. Failing that, an extra night will be charged to the Client. The Client accepts and agrees to use the room and the communal areas made available to it with all due care. Any behaviour that is contrary to the principles of safety and/or health, good morals and/or public order may entitle the Service Provider to ask the Client to leave the Hotel without any compensation and/or without any refund if payment has already been made. Any damage caused by the Client in the reserved room may be charged directly to the Client. A maximum penalty of the price of the room reserved may be applied if the Client fails to comply with any no smoking sign that may be posted in the room.
The Client further agrees that the computer resources made available by the Hotel (in particular the Wi-Fi network) shall not be used in any way for the purpose of reproducing, representing, making available or communicating to the public works or objects protected by copyright or by a related right, such as text, images, photographs, musical works, audio-visual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the French Intellectual Property Code, where such authorisation is required.
12. COMMITMENTS AND RESPONSIBILITY OF THE CLIENT
The Client shall be solely responsible for the information provided at the time of the creation of its account and/or any reservation. The Service Provider shall not be liable for any inaccurate or fraudulent information provided by the Client. In addition, the Client shall have sole responsibility for the use of its account and any reservation made, both in its own name and on behalf of third parties, including minors, unless it can demonstrate that the fraudulent use does not result from any fault or negligence on its part. In that respect, the Service Provider must be immediately notified of any unlawful or fraudulent use of its email address. The Client agrees to the use the Website of the Hotel and the services offered thereon in accordance with the applicable laws and regulations and these Standard Terms and Conditions. If the Client fails to comply with its obligations under these Standard Terms and Conditions, the Client shall be liable for any damage caused by it to the Hotel, the Service Provider or third parties. In that regard, the Client agrees to indemnify the Service Provider against any resulting claims, actions or remedies of any kind and to compensate the Service Provider for any damages, costs or compensation whatsoever relating thereto. In particular, by making a final reservation, the Client undertakes to pay the price and to comply with any special conditions relating to it. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the order at the Client’s expense, without prejudice to any civil or criminal action against the Client.
13. RESPONSIBILITY OF THE SERVICE PROVIDER
For the online booking process, the Service Provider takes on a best-efforts obligation. The Hotel shall not be liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions, etc. Hypertext links may lead to sites other than that of the Hotel, which accepts no liability for the content of these sites or the services offered. The Client shall therefore be fully responsible for its decision to view third-party websites. Although every effort is made to ensure that the photographs, graphics and text used to illustrate the Hotel give as accurate an idea as possible of the services offered, minor variations may occur, particularly as a result of changes in furnishings or renovations. The Client shall not be entitled to any claim as a result. In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements making up the offers on the Website of the Hotel is strictly prohibited. The Service Provider shall not be liable for any consequential loss or damage arising from this Agreement, particularly loss or damage caused by a third party, the Client or the partners of the Hotel.
14. PERSONAL DATA
The Client agrees and accepts that the Hotel, as the data controller, will collect and process the personal data required for the purpose of managing reservations and clients, billing and payment, and for conducting its marketing activities and satisfaction surveys. The data is intended for the Hotel and its service providers. The Client is informed, in each personal data collection form, of the required or optional nature of the answers and information by the presence of an asterisk. Processing of information communicated via the Website of the Hotel complies with the legal requirements regarding the protection of personal data, as the information system used ensures optimum protection of such data. In accordance with applicable national and European regulations, the Client has the right to access, rectify and delete its personal data and may object to the processing of its data. To exercise these rights, the Client must contact the Hotel, by post or by email, at the following address: Urban Bivouac Hôtel – 1 Rue Sthrau – 75013 Paris – Email: email@example.com – Website: www.ubparis.com – The Client is also informed of its right under article L.223-2 of the French Consumer Code to join the list of numbers who object to telephone canvassing when its telephone details are collected. www.bloctel.gouv.fr
The Client retains the option of refusing cookies by configuring its web browser accordingly. In that case, the Client forfeits the possibility of customising the service provided by the Service Provider via the Website.
16. INTELLECTUAL PROPERTY
In respect of the use of the Website of the Hotel, the Service Provider owns all intellectual property rights relating to the Website. The elements accessible on the Website, in particular in the form of text, photographs of the hotel, images, icons, video sounds, software and databases, are also protected by intellectual property and patent rights and other private rights held by the Service Provider. Unless otherwise agreed expressly in advance and in writing by the Service Provider, the reproduction, utilisation, distribution or use for any purpose whatsoever of any part of the elements present on the Website, or the distribution of a simple or hypertext link, is expressly forbidden.
17. ENTIRE UNDERSTANDING
These Standard Terms and Conditions, the conditions of sale of the rate reserved by the Client, and the reservation confirmation contain the entirety of the obligations of the parties and constitute the confirmation of the Agreement including all the information under Article L. 221-5 of the French Consumer Code in the meaning of Article L. 221-13 of the French Consumer Code. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the reservation confirmation, including the special conditions of the rate reserved, which have been confirmed by the Client and these Standard Terms and Conditions. In the event of a contradiction between the reservation confirmation and the Standard Terms and Conditions, the provisions set out in the reservation confirmation validated by the Client shall alone apply to the obligation in question.
18. FORCE MAJEURE CIRCUMSTANCE
The Service Provider, the Hotel and the Client shall not be held liable for any non-fulfilment of their obligations resulting from a force majeure circumstance as defined in Article 1218 of the French Civil Code. It is expressly agreed that the force majeure circumstance shall suspend the performance of the parties’ mutual obligations. Each of the parties shall bear all the costs incurred by it as a result of the force majeure circumstance.
All complaints relating to reservations must be sent by the Client by registered mail with acknowledgement of receipt to the email or postal address of the Hotel, no later than fifteen (15) days following the last night’s stay, on pain of foreclosure:
Urban Bivouac Hotel
1 Rue Sthrau
Disputes cannot be examined by the consumer ombudsman if the consumer fails to demonstrate that it has first attempted to settle them directly with the professional through a written complaint in accordance with the terms of the agreement, if applicable. These Standard Terms and Conditions and the contractual relationship between the Service Provider and the Client shall be governed by the laws of France.
ANY DISPUTES ARISING OUT OF THE PURCHASE AND SALE OPERATIONS UNDER THESE STANDARD TERMS AND CONDITIONS IN RESPECT OF THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND EFFECTS THAT COULD NOT BE RESOLVED BETWEEN THE SERVICE PROVIDER AND THE CLIENT SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF ORDINARY LAW.
The Client may bring action either before one of the territorially competent courts under the French Code of Civil Procedure or before the court of the place of its residence at the time of the conclusion of the contract or the occurrence of the harmful event.
However, the Client agrees to seek an amicable solution before taking any legal action. The Client is hereby informed that it may in any event use out-of-court mediation, in particular with the Tourism and Travel Ombudsman, whose contact details are as follows:
MTV Médiation Tourisme Voyage
BP 80 303 75823
For more information on the Tourism and Travel Ombudsman, the Client may consult the website: www.mtv.travel.
The Client is informed that it may go to the European platform for Online Dispute Resolution (ODR) between consumers and professionals (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)
21. PRE-CONTRACTUAL INFORMATION
The Client agrees that, prior to confirming the reservation, it has been provided, on the Website of the Hotel, in a legible and comprehensible manner and on a durable medium, with these Standard Terms and Conditions and with all the pre-contractual information provided for in Articles L. 221-5 and L. 221-11 of the French Consumer Code, and in particular:
– the essential characteristics of the services, taking into account the communication medium used and the service concerned;
– the price of the service and its ancillary costs;
– in the absence of immediate performance of the contract, the date or time by which the Service Provider undertakes to perform the service;
– information relating to the identity of the Service Provider, its postal, telephone and electronic contact details and its activities, insofar as this is not apparent from the context;
– information about legal guarantees and how they are to be applied;
– the functionality of the digital content and, where appropriate, its interoperability;
– the possibility of resorting to out-of-court mediation in the event of a dispute;
– the non-applicability of the right of withdrawal.
– information about the costs, if any, of using remote communication techniques, the existence of codes of conduct, any deposits and guarantees, modalities of termination, dispute resolution and other contractual conditions.