GENERAL CONDITIONS OF SALE
HELENIS HUB is a general partnership, registered under SIREN 831341888, specialising in the hotel and similar accommodation sector, Registre du Commerce et des Sociétés de la Greffe du Tribunal de Commerce de Montpellier under the number 831 341 888 R.C.S. Montpellier, whose registered office is located at 111 PL PIERRE DUHEM 34000 MONTPELLIER – France, and whose intra-Community VAT number is FR88831341888 (hereinafter referred to as “HÔTEL RICHER DE BELLEVAL“).
HÔTEL RICHER DE BELLEVAL publishes and operates the website https://www.hotel-richerdebelleval.com (also available in a mobile version), a hotel reservation site and other complementary services (hereinafter the “Site”).
(To contact us: email@example.com; telephone: +33 (0)4 99 66 18 18)
The purpose of these general terms and conditions (hereinafter the “General Terms and Conditions”) is to define the terms and conditions under which HÔTEL RICHER DE BELLEVAL allows its customers (hereinafter the “Customer(s)”) to benefit from all of the services, in particular the reservation services, available on this Site and described in greater detail below (hereinafter the “Services”).
Prior to any reservation of a Service on the Site, the Client declares (i) that he/she is acting for personal purposes that do not fall within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity and (ii) that he/she has the full legal capacity to commit to the present General Conditions.
The Client is invited to carefully read these General Conditions, the prior acceptance of which is mandatory for the reservation of any Service offered on the Site. Customers are advised to save and print these General Conditions using the standard functions of their browser and computer.
HÔTEL RICHER DE BELLEVAL reserves the right to modify or complete, at any time, all or part of these General Conditions. In this case, the new version of the General Terms and Conditions will be available on the Site with its effective date. Customers are advised to consult the General Conditions regularly to take note of any changes. In any event, the Client will only be bound by the version of the General Conditions in force at the time the Client books the Service.
The Client is solely responsible for paying, where applicable, for all the technical means that give him access to the Site.
2. DESCRIPTION OF THE SERVICES
2.1 HOTEL RICHER DE BELLEVAL SERVICES
HÔTEL RICHER DE BELLEVAL offers on its Website (i) hotel room reservation services (“Accommodation Services”) (2.1.1) and (ii) services complementary to said Services (“Complementary Services”) (2.1.2).
The Accommodation Services and the Complementary Services are hereinafter referred to together as the “HÔTEL RICHER DE BELLEVAL Services”.
2.1.1 ACCOMMODATION SERVICES
The Site allows you to reserve rooms at HÔTEL RICHER DE BELLEVAL.
The essential characteristics, dates of availability, price, options offered, payment conditions and special sales conditions applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, member rate conditions, etc.) of the HÔTEL RICHER DE BELLEVAL offered are presented during the booking process as described in article 3 below.
HÔTEL RICHER DE BELLEVAL has special terms and conditions of sale applicable to the rate selected, which are also available on the Site (hereinafter the “Special Terms and Conditions”) and which are brought to the attention of the Client before any reservation is made on the Site. For example, the Special Conditions may contain details of check-in and check-out times, the guarantee policy, the cancellation period, access to Wifi, specific conditions applicable to children, the admissibility of animals as long as they are kept on a lead or in a cage in the common areas of the establishment.
Finally, in application of the regulations in force in certain countries, the Client may be asked to complete a police form on arrival at the establishment. To do this, the Customer will be asked to show an identity document in order to check whether or not he/she must complete the police form.
2.1.2 ADDITIONAL SERVICES
The Site also allows the booking of Complementary Services, such as breakfast, a bottle of champagne on arrival of the Customer or the upgrade of the Accommodation Services.
The Complementary Services also refer to travel services within the meaning of Article 3.1 of Directive (EU) 2015/2302 of 25 November 2015 on package travel and related travel services, which together with the Accommodation Services may form either a “related travel service” or a “tourist package” in accordance with the criteria specified in the said Directive. This information is communicated to the Customer prior to the booking of these services in the Specific Conditions for each offer.
3. BOOKING PROCESS
The Client chooses any of the Services presented on the Website or those of its partners by following the route provided for this purpose.
3.1 BOOKING HOTEL RICHER DE BELLEVAL SERVICES
Reservations for HÔTEL RICHER DE BELLEVAL services are made by the Customer on the Website.
The booking process varies according to the Customer’s navigation and request; it includes the following stages:
– Stage 1: the results and selection of a type of accommodation and, if applicable, one or more Additional Services;
– Step 2: the details and characteristics of the Service(s) selected, in particular if it is an Accommodation Service: the characteristics of the Accommodation (standard, size of the room, TV, minibar, etc.), the duration of the stay, the options offered (e.g. breakfast, wifi access, etc.), the total price of the reservation, the number of days of the stay, the number of days of the stay, the number of days of the stay, the number of days of the stay and the number of days of the stay. ), the total price of the booking including details of applicable taxes, the legal information form in the case of a linked travel service or tourist package, and any applicable Special Conditions (guarantee policies, cancellation conditions, check-in time, etc.);
– Step 3: the summary of the booking of the Service(s) with: (i) a reminder of the main characteristics (duration of the stay, characteristics of the Accommodation Service and/or the Complementary Service(s), amount including VAT with details of the applicable taxes) and, (ii) the Customer’s contact details: either by logging into an existing account, or by filling in all the mandatory fields (indicated by an asterisk) with the possibility of saving this information by creating an account as a member of the Site or as a member of the loyalty programme offered by HÔTEL RICHER DE BELLEVAL ;
– Step 4: finalisation of the reservation of the Service(s) by the Customer with :
(i) providing the Customer’s payment details, either in the case of prepayment of the reservation, in full, before the stay, or in the case of a request for a reservation guarantee for the Accommodation Services and :
(ii) the consultation and acceptance of the General Conditions and Special Conditions relating to the reservation before its validation by the Customer;
– Step 5: HÔTEL RICHER DE BELLEVAL takes into account the reservation of the Service(s);
– Step 6: an email confirming the booking of the Service(s) is sent to the Client summarising the Service(s) booked, the price(s), the Special Conditions accepted by the Client, the date of the booking made, information relating to after-sales service and access to the General Conditions as well as the address of the Establishment to which the Client may submit any complaints
Any reservation is deemed to have been made as soon as the Client clicks on the “Finalise your reservation” page (i) in the case of a prepaid reservation, on the “Pay” button or (ii) in the case of a reservation to be paid for at the Establishment, on the “Confirm” button.
3.2 BOOKING OF PARTNER SERVICES
Reservations made by the Client via the Partner Services are made via the website and mobile services of each Partner. The booking is made directly between the Customer and the Partners, following the steps on the website and mobile services of the Partners.
4. PRICES AND PAYMENT
Prices for booking Services are quoted before, during and after booking.
For Accommodation Services, the prices quoted are per room for the number of person(s) and date selected
At the time of confirmation of the booking of a Service, the total price is indicated to the Customer as an amount including VAT in the commercial currency of the Establishment and is only valid for the duration indicated on the Site.
If the total price of the Service reservation is debited at the Establishment in a currency other than the one confirmed on the reservation, the Client is responsible for the exchange costs. It should be noted that if a conversion of the currency confirmed on the reservation into another currency appears on the Site, it is given purely as an indication and is not contractual, taking into account in particular the possible evolution of exchange rates between the date of the reservation and the dates of stay at the Establishment.
Unless otherwise stated on the Site, options (e.g. breakfast, half-board, full-board, etc.) that are not offered at the time of booking the Service are not included in the price.
The tourist tax, presented during the booking process of the Service, is to be paid directly at the establishment, except in the case of an online prepayment before the stay where this amount may be included.
The prices take into account the VAT applicable on the day of the reservation and any change in the applicable VAT rate will automatically be reflected in the price indicated on the date of invoicing.
Any change or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the price indicated on the date of the invoice.
Finally, certain promotional offers are only available on the Site and are sold exclusively on the Internet and in no case at the reception of the Establishment.
4.3.1 General provisions
The Client communicates his payment details either
(i) to prepay the reservation before the stay,
(ii) as a guarantee for the reservation, or (iii) as part of the online check-out procedure offered as part of the Online Check-in Service as described in paragraph 4. 4 below, by indicating directly, in the area provided for this purpose (secured entry by SSL encryption) when it is a bank card, the bank card number, without spaces between the digits, as well as its date of validity (it is specified that the bank card used must be valid at the time of the stay) and the visual cryptogram within the framework of a prepayment via the payment platforms mentioned below.
HÔTEL RICHER DE BELLEVAL has chosen Stripe to secure online payments by bank card. The Customer’s payment card is subject to a validity check by these partners and may be refused for several reasons: stolen or blocked card, ceiling reached, input error, etc. In the event of a problem, the Client must contact his bank on the one hand, and the Establishment or any other entity on the other, to confirm his reservation of the Service and his method of payment.
The means of online payment (cards, wallet, etc.) available and mentioned on the payment page of the Site, may be Visa and Mastercard, American Express. This list is subject to change.
In the event of payment to the Establishment or any other entity, each Establishment or any other entity may accept different means of payment but the Client must present the bank card that enabled him to guarantee the reservation or make the prepayment to the Establishment. The Establishment may also ask the Client to show proof of identity in order to prevent credit card fraud.
An invoice will be sent in electronic format to the e-mail address provided by the Client at the time of booking; if the Client wishes to receive an invoice in paper format, he/she must expressly request this from the Establishment concerned.
Prepayment means any payment made at the time of booking by the Client.
At the time of pre-payment, the amount that is debited at the time of booking the Service includes the total amount indicated at the time of booking (including all applicable taxes, with the exception of tourist taxes for unclassified Establishments) and, where applicable, the price of the options selected by the Client, as described in article 4.1 above.
4.3.3 Bank guarantee
The guarantee of the reservation by bank card is understood to mean the taking of the Client’s payment details at the time of reservation. The Client’s bank card is not debited and payment for the stay is made directly to the establishment on the day of arrival or departure, depending on the establishment, unless the Client does not arrive at the establishment and has not previously cancelled the reservation in accordance with the cancellation conditions of the reserved rate.
If the Client has not prepaid his/her stay online, the Hotel may, on the day of the Client’s arrival, request an authorisation (also called “pre-authorisation”) from the Client’s bank for the credit card, which may be up to the amount of the reservation and a fixed amount to cover any consumption or expenses incurred by the Client on the spot (breakfast if not included in the rate, restaurant, bar, tourist tax if applicable, etc.). This fixed amount is determined by the Establishment according to the number of persons and the number of nights booked.
Example: 2 nights at 130 euros + 40 euros estimated for extras = authorisation request of 300 euros.
The pre-authorisation request is not an immediate debit but corresponds to a reserve for later payment, authorised by the Client’s bank, which temporarily reduces the ceiling of the bank card used to guarantee the possibility of a later debit. In some cases, depending on the Customer’s bank, the pre-authorisation request may nevertheless appear as a pending debit on the bank account associated with the card used.
When the pre-authorisation request has been activated and confirmed by the bank either
– the Client presents himself to the Establishment, the payment of the entire stay is made directly to the Establishment on the day of arrival or departure depending on the Establishment which then proceeds to a request for the release of the pre-authorisation request to the Client’s bank. Any consumption or expenses incurred by the Client on the spot shall be paid by the Client on the day of his departure to the Establishment;
– the Client does not present himself at the establishment on the first day of his reservation, the establishment will send a debit request to the Client’s bank.
In rare cases, the pre-authorisation request may result in a debit by the Customer’s bank before the actual debit is made. In this case, the debit will not be made twice. The balance, if in favour of the Client, will be automatically re-credited by the bank to the Client.
If the booking is cancelled after the pre-authorisation request has been activated in accordance with the cancellation conditions of the booked fare, a request for cancellation of the pre-authorisation request is automatically sent to the bank of the cardholder used. In rare cases, this cancellation may appear as a refund.
Please note that it usually takes twenty-four (24) to forty-eight (48) hours for the pre-authorised amount to be released (or refunded), but it can take up to seven (7) business days or more, depending on the cardholder’s bank.
In order to activate a pre-authorisation request, the Client is asked to provide his/her bank card details when taking out a reservation guarantee. The Client is informed in advance of the characteristics of the pre-authorisation request. Credit card data is only kept by HÔTEL RICHER DE BELLEVAL‘s payment service provider, as part of a strict policy of bank data security.
If the Client has prepaid for their stay online and has not taken advantage of the Online Check-In and Fast Check-Out Service as per article 4.4 below, the Hotel may ask the Client to provide a pre-authorisation upon arrival in order to guarantee the payment of the sums corresponding to the services consumed on site.
If the Client has not prepaid his stay online and no pre-authorisation has been requested from the Client at the time of booking, the Establishment may ask the Client, on arrival, for a pre-authorisation to guarantee payment of the sums corresponding to the services consumed on site.
4.3.5 No-show of the Customer
In the event of a no-show by the Customer on the first day of his/her reservation for an Accommodation Service, the Customer’s reservation will be cancelled in full and the establishment will release the reserved Accommodation Services for sale:
– In the event that the no-show reservation is a non-cancellable and/or non-exchangeable and/or non-refundable reservation, the Establishment will retain, as a deposit within the meaning of Articles 1590 of the Civil Code and L 214-1 of the Consumer Code in their current versions, the total amount paid by the Customer at the time of the reservation.
– In the event that the reservation that is the subject of a no-show is a cancellation and/or exchangeable and/or refundable reservation guaranteed by credit card, the Establishment will debit the credit card provided at the time of the reservation for the amount including tax of the first night reserved. Additional nights (beyond the first night) will be cancelled without charge. The Client is informed that in such a case, the Hotel will put its rooms back on sale. The Client will not be entitled to any refund or compensation.
At the time of prepayment of a non-cancellable / non-exchangeable / non-refundable reservation, the amount of the deposit that is debited includes the total amount indicated at the time of the reservation and, if applicable, the price of the options selected by the Client, as described in article 4.1 above.
4.4 ONLINE CHECK-IN AND FAST CHECK-OUT SERVICE
In order to use the Online Check-in service, the Customer must comply, without reservation, with the provisions of this article.
In order to facilitate and accelerate the arrival and/or departure of the Client from the Hotel, HÔTEL RICHER DE BELLEVAL has set up the Online Check-in service, a digital procedure allowing the Client to check-in and/or check-out before their stay and provided that their reservation is eligible for this service.
The Customer will receive a reply from the establishment as to whether or not he/she can benefit from this service within 2 days of his/her request.
In certain cases, the online check-in can only be carried out if the check-out is also carried out online. In this case, the Customer is free to refuse the online check-out (also known as “fast check-out”), which will cancel the online check-in request and the Online Check-in service in general.
In cases where online check-out is not mandatory, the Customer may check-in online and check-out at the Hotel.
The online check-out results in a request for authorisation (also called “pre-authorisation”) from the Customer’s bank. This procedure consists of a guarantee valid for an estimated amount of the stay and gives an authorisation for payment to the establishment on the basis of the Customer’s actual expenditure up to the authorised amount. Only the actual amount of the invoice will be debited by the Establishment from the time of the Client’s departure at the end of his/her stay, without requiring the physical presence of the Client or a new validation on his/her part.
The amount of the pre-authorisation request includes the amount of the reservation and a lump sum to cover any consumption or expenses incurred by the Client on site (breakfast if not included in the price, restaurant, bar, tourist tax if applicable, etc.). This fixed amount is determined by the Establishment according to the number of persons and the number of nights booked.
Example: 2 nights at 130 euros + 40 euros estimated for extras = authorisation request of 300 euros.
The pre-authorisation request is not an immediate debit but corresponds to a reserve for later payment, authorised by the Client’s bank, which temporarily reduces the ceiling of the bank card used to guarantee the possibility of a later debit. In some cases, the pre-authorisation request may however appear as a pending debit on the bank account associated with the card used.
When the pre-authorisation request has been activated and confirmed by the bank, at the end of the stay, the Establishment sends the Customer’s bank a debit request corresponding to the amount of the invoice:
– if the Invoice is less than the amount of the pre-authorisation request, the actual debit of the card will be equal to the amount actually due by the Client. The card limit will then be readjusted (released) by the Client’s bank to take account of this difference (with a variable delay depending on the bank); Example: Pre-authorisation request for 300 euros, final invoice of 260 euros = debit of 260 euros and cancellation of the pre-authorisation request for the remaining 40 euros.
– if the bill is higher than the amount of the pre-authorisation request, the latter will be used in full by the Establishment. The remaining expenses will be debited to the same card. Two debits are therefore made to the Client’s account. One corresponds to the amount of the pre-authorisation request and the other to the balance. The Customer is nevertheless advised to return to the reception desk to regularise the amount of the pre-authorisation request or to pay directly. Example: Pre-authorisation request of 300 euros, final invoice of 320 euros = debit of 300 euros + debit of 20 euros.
In some institutions, the currency used by the institution for the invoice may be different from that used for the pre-authorisation request. In this case, the amount actually debited may also differ from the amount of the authorisation request due to possible changes in exchange rates between the date of the pre-authorisation request and the date of the invoice.
In rare cases, the pre-authorisation request may result in a debit by the Customer’s bank before the actual debit is made. In this case, the debit will not be made twice. The balance, if in favour of the Client, will be automatically re-credited by the bank to the Client.
If the Client, on the proposal of the Establishment, has wished to prepay the entire stay on arrival, any additional expenses within the Establishment cannot be added to the room account and will be payable directly at the time of consumption.
If the booking is cancelled after the pre-authorisation request has been activated, a request for cancellation of the pre-authorisation request is automatically sent to the cardholder’s bank. In rare cases, this cancellation may appear as a refund.
Please note that it usually takes twenty-four (24) to forty-eight (48) hours to process the release of the pre-authorised amount (or refund), but it can take up to seven (7) business days or more, depending on the cardholder’s bank.
In order to activate a pre-authorisation request, the Customer is asked to provide his/her bank card details as part of his/her subscription to the Service. The Customer is informed in advance of the characteristics of the pre-authorisation request and the pre-authorisation request is only activated with his consent. Credit card data is only kept by HÔTEL RICHER DE BELLEVAL‘s payment service provider, as part of a strict policy of bank data security.
If the Customer has communicated his or her bank card details as part of a guaranteed reservation :
– they are invited to use this same card to activate their request for pre-authorisation and in this case, they simply give their agreement for activation and enter their visual cryptogram.
– he remains free to choose another bank card for his pre-authorisation request and, in this case, he is invited to re-enter the data of the new card chosen.
If the Client does not make a guaranteed reservation but activates a pre-authorisation request and this is confirmed, then the reservation becomes by nature a reservation guaranteed by the card used for the pre-authorisation request.
In the event of a bank refusal concerning the pre-authorisation request, or a technical interruption which did not allow the pre-authorisation request to be activated, the Client must carry out the pre-authorisation on arrival at the Establishment. The failure of the online pre-authorisation request has no impact on the reservation, which will remain in the same state as it was before the Client made the online Registration (reservation guaranteed by the card chosen at the time of the reservation or non-guaranteed reservation). In any event, the Client will receive an email to inform them of the status of their booking.
When the Client’s bank uses the security system known as “3D Secure”, an SMS may be sent by the bank to its Client mentioning a debit on the Client’s account. This will never be an immediate debit.
5. CANCELLATION OR MODIFICATION OF THE RESERVATION OF A SERVICE
For Accommodation Services (reservation of rooms within an Establishment or other types of accommodation), the Client is reminded that he/she does not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code, in accordance with Article L. 221-28 paragraph 12 of the Consumer Code which excludes this right for contracts relating to accommodation services which must be provided on a specific date or at a specific time.
For each Service reservation, the Special Conditions specify the terms and conditions for cancelling and/or modifying the reservation.
Reservations with a prepayment cannot be modified and/or cancelled. Deposits (sums paid in advance) will not be refunded. In this case, this is mentioned in the Special Conditions.
Where the Special Conditions so permit:
– the cancellation of a reservation for a Service can be made directly on the Site via the “Consult or cancel your reservation” section;
– the modification of a Service reservation can be made directly with the Establishment, whose contact details, in particular telephone numbers, are specified on the confirmation of the reservation sent by e-mail.
In the event of a Service being interrupted due to the Client’s fault, the full price agreed will be collected. In the case of a reservation with prepayment before the stay, no refund will be granted.
In the case of an Accommodation Service, unless otherwise expressly stipulated in the Special Conditions, the Customer must leave the room of the Establishment before the time indicated by the Establishment, generally 12.00 noon on the day the reservation ends. Failure to do so will result in an additional night being charged.
6. COMMITMENTS AND RESPONSIBILITY OF THE CLIENT
The Client is solely responsible for his choice of Services on the Site and their suitability for his needs, such that HÔTEL RICHER DE BELLEVAL cannot be held liable in this respect.
The Customer is also solely responsible for the information provided when creating his/her account and/or booking a Service. HÔTEL RICHER DE BELLEVAL may not be held responsible in the event of erroneous or fraudulent information provided by the Client. Furthermore, the Customer alone is responsible for the use of his/her account and any reservation made, both in his/her own name and on behalf of third parties, including minors, unless he/she can demonstrate fraudulent use not resulting from any fault or negligence on his/her part. In this respect, HÔTEL RICHER DE BELLEVAL must be immediately notified of any misappropriation or fraudulent use of its e-mail address to the customer service department whose contact details are specified in article 9.
The Customer undertakes to use the Site and the Services offered on it in compliance with the applicable regulations and these General Conditions. In the event that the Customer fails to fulfil his/her obligations under these General Terms and Conditions, the Customer is liable for any damage caused by him/her to HÔTEL RICHER DE BELLEVAL or to third parties. In this respect, the Customer undertakes to indemnify HÔTEL RICHER DE BELLEVAL against all claims, actions or recourses of any kind that may result and to compensate it for any damage, costs or indemnities whatsoever relating thereto.
In particular, by making a definitive reservation for a Service, the Client undertakes to pay the price and to comply with the relevant Special Conditions. Indeed:
– 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 reservation of the Service at the Client’s expense, without prejudice to any action that HÔTEL RICHER DE BELLEVAL may take against the latter
– The Client must not invite to the Hotel any person whose behaviour is likely to be prejudicial to the Hotel.
– The Customer must not bring into the establishment (rooms and communal areas) food or drink from outside sources, unless the establishment has clearly authorised this in advance.
– The Guest must not smoke in the communal areas of the establishment and may only smoke in rooms that have been classified as “smoking rooms” and booked in advance as such. Some establishments are 100% non-smoking, which means that smoking is not permitted in the establishment, including in the rooms.
– The Client must not disrupt the operation of the Establishment and must not jeopardise the safety of the Establishment or the persons in it.
– More generally, any behaviour contrary to public morality and order within the Establishment, as well as any failure to comply with the Establishment’s Internal Regulations, will lead the Director of the Establishment and/or any other service provider to ask the Client to leave the premises without any compensation and/or without any reimbursement if payment has already been made. In the event that no payment has been made, the Client must pay the price of the Services consumed before leaving the premises.
– Minors may only stay in the Premises when accompanied by an adult and in possession of personal identification. If the accompanying person is an adult other than the parents, he or she must have parental authorisation from the child’s parents. The Establishment may ask for these elements.
– The Client also undertakes to ensure that the computer resources made available by the Establishment (in particular the WiFi network) are not used in any way for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorisation is required. The Client is also required to comply with the security policy of the Institution’s Internet access provider, including the rules for using the security measures implemented to prevent the illicit use of computer resources and to refrain from any act that undermines the effectiveness of these measures.
The Client is responsible for all damage caused by him and/or his guests within the Hotel and shall bear all costs arising from such damage and/or from failure to comply with the above rules. HÔTEL RICHER DE BELLEVAL reserves the right to intervene if necessary and to take any appropriate action against the Client.
7. COMMITMENTS AND LIABILITY OF HOTEL RICHER DE BELLEVAL
HÔTEL RICHER DE BELLEVAL undertakes, within the framework of an obligation of means, to provide access to the Site and to the Services offered in compliance with the General Conditions and to act with diligence and competence and to make every effort, within reasonable limits, to remedy any malfunction brought to its attention.
However, HÔTEL RICHER DE BELLEVAL may be obliged to temporarily suspend the Site without notice, in particular for technical maintenance reasons, without this entailing its liability.
The Customer acknowledges and accepts that HÔTEL RICHER DE BELLEVAL may not be held liable for any inconvenience or damage linked to the use of the Internet network, including, but not limited to
– poor transmission and/or reception of any data and/or information on the Internet;
– the failure of any receiving equipment or communication lines
– any malfunction of the Internet network preventing the proper functioning of the Site and/or the booking of Services.
The Site may refer to hypertext links to other websites published and managed by third parties for which HÔTEL RICHER DE BELLEVAL declines all responsibility for the content of these websites and the services offered there. In this respect, it is specified that the partners are responsible for the promotion of the offers published on their own websites. The decision to consult third party websites is therefore the full and entire responsibility of the Customer.
The Client acknowledges and accepts that in the event of a dispute and/or complaint relating to a stay in an Establishment or the reservation of a HÔTEL RICHER DE BELLEVAL service, the latter undertakes to contact exclusively the company operating the Establishment concerned and that, in this respect, the Client may not in any way seek to hold HÔTEL RICHER DE BELLEVAL or any company in the HELENIS HUB group liable for failings attributable to the Establishment. The information relating to the Establishment is available (i) in the booking confirmation e-mail and (ii) on the Establishment’s file on the Site.
8.FORCE MAJEURE AND DISPLACEMENT
Neither party shall be liable to the other party in the event of non-performance of its obligations resulting from force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party bears the cost of the resulting expenses. Cases of force majeure are considered to be those usually recognised by the case law of the Cour de cassation. If the case of force majeure lasts for more than thirty (30) days from the date of its occurrence, these General Conditions may be terminated by either party without either of them being entitled to claim damages.
In the event of force majeure, an exceptional event or the impossibility of providing the Service and in particular of making the reserved room at HÔTEL RICHER DE BELLEVAL available to the Customer, HÔTEL RICHER DE BELLEVAL may reserve the possibility of accommodating the Customer, in whole or in part, in an establishment of an equivalent category or of providing a Service of the same nature, subject to the prior agreement of the Customer. HÔTEL RICHER DE BELLEVAL will bear the reasonable expenses relating to the transfer (possible additional cost of the room, transport and a telephone call) between the two establishments.
9. CONTACT, CUSTOMER SERVICE AND COMPLAINTS
– To make a reservation for a Service available on the Site, the Client may contact our reservation centre from Monday to Sunday, from 8:00 am to 10:00 pm (Paris time), on 04 99 66 18 18 (price of a local call).
– For any questions relating to the proper execution of a Service booked on the Site (requests for additional information, modification or cancellation of a booking), the Client is invited to contact HÔTEL RICHER DE BELLEVAL directly: the contact details of the establishment are indicated (i) in the e-mail and the booking confirmation page and (ii) on the establishment’s file on the Site.
– For any comments and/or complaints relating to a reservation of a Service on the Site (complaint, non-performance or poor performance of the Service), the customer service department is at your disposal:
– By telephone, from Monday to Friday, from 8:00 am to 11:00 pm (Paris time), on 04 99 66 18 18 (price of a local call);
– On the internet, via the “CONTACT” section where a contact form is available;
– By post, to the following address HÔTEL RICHER DE BELLEVAL – Place de la Canourgue – 34000 Montpellier – France
To facilitate the processing of complaints, it is advisable to send complaints to the customer service department relating to the non-performance or poor performance of the Services in writing within eight (8) days of the date of performance of the Service.
In their relations with the customer service, the Client undertakes to remain courteous and not to make any derogatory remarks, particularly with regard to HELENIS HUB, HÔTEL RICHER DE BELLEVAL, the Château-Pourcel group, the entities of its group or its employees or collaborators, in accordance with the rules of common sense and politeness. HÔTEL RICHER DE BELLEVAL reserves the right to take any appropriate action against the Customer in the event of prejudicial or reprehensible behaviour (in particular untoward, malicious or insulting behaviour) towards HÔTEL RICHER DE BELLEVAL, the entities in its group or its employees or collaborators.
10. PERSONAL DATA
When the Client uses the Site, in particular when making a reservation, HÔTEL RICHER DE BELLEVAL and the HELENIS HUB entities process personal data under the conditions described in the “Legal Notice”.
The Client is informed, on each of the personal data collection forms, of the compulsory or optional nature of the answers and information by the presence of an asterisk.
If you do not provide information identified as compulsory, HÔTEL RICHER DE BELLEVAL may not be able to record a reservation, manage the Customer’s participation in the loyalty programme and manage any complaints.
Thus, the information collected in the context of the Customer’s reservation is intended for HÔTEL RICHER DE BELLEVAL, its entities, its partners, its service providers (in particular online payment service providers) and the Establishments for the purposes of making the reservation or taking pre-contractual measures. As long as the guarantees provided for by the applicable regulations have been put in place, the Client’s data may be transferred from Europe to countries which do not ensure, from the European Union’s point of view, an equivalent level of data protection.
In order to ensure the security of payment transactions, HÔTEL RICHER DE BELLEVAL implements in particular a processing of personal data intended to determine the level of risk of fraud associated with each transaction. On this occasion, HÔTEL RICHER DE BELLEVAL may take security measures, in particular requesting the Customer to use another reservation channel or another payment method. These measures will have the effect of suspending the execution of the reservation or, if the result of the analysis does not guarantee the security of the order, of cancelling it. Fraudulent use of a payment method resulting in a payment default may result in the Client being entered in HÔTEL RICHER DE BELLEVAL‘s incident file, which may lead HÔTEL RICHER DE BELLEVAL to block future payments or carry out additional checks.
The Customer may at any time exercise his rights under the regulations on the protection of personal data. All information relevant to this purpose is set out in the “Personal Data Protection Charter”.
The entry of the required banking information and the acceptance of these General Conditions and Special Conditions by electronic means constitutes an electronic contract between the parties which is proof between the parties of the reservation of the Service and of the payability of the sums due in execution of said reservation.
The General Conditions and the applicable Special Conditions express the entirety of the obligations of the parties. No other condition communicated by the Client may be incorporated into them.
In the event of a contradiction between the Special Conditions and the General Conditions, the Special Conditions shall be the only conditions applicable to the obligation in question. In the event of a contradiction between, on the one hand, the general conditions of any kind of a partner and, on the other hand, the present General Conditions, the stipulations of the present General Conditions shall be the only ones applicable to the obligation in question.
If one or more stipulations of the General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
The authentic language is French. If the General Conditions 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 conditions and more generally concerning the relationship between the parties.
The Customer acknowledges and accepts that HÔTEL RICHER DE BELLEVAL may transfer these General Terms and Conditions and all the rights and obligations attached to them to any third party without the Customer’s prior written consent. The Customer accepts that such an assignment releases HÔTEL RICHER DE BELLEVAL for the future. The Customer may not transfer the General Terms and Conditions or the rights and obligations attached thereto to third parties without the prior written agreement of HÔTEL RICHER DE BELLEVAL.
In accordance with Article L.223-1 of the Consumer Code, consumers who do not wish to be the subject of commercial canvassing by telephone can register free of charge on a list of opposition to telephone canvassing. This list is accessible via the following site: www.bloctel.gouv.fr.
12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The General Conditions are governed by the French law, without making obstacle to the imperative protective provisions possibly applicable of the country of residence of the consumers.
The Customer is informed by HÔTEL RICHER DE BELLEVAL of the possibility of having recourse, in the event of a dispute relating to these General Conditions, to a conventional mediation procedure or any other alternative dispute resolution method, under the conditions provided for in Title I of Book VI of the Consumer Code.
After having referred the matter to the customer service department or the establishment in an attempt to resolve the dispute amicably, and in the event of a negative response or the absence of a response within sixty (60) days from the date of referral, the Customer may refer the matter to the Médiateur du Tourisme et du Voyage – BP 80303 – 75823 Paris Cedex 17 for HÔTEL RICHER DE BELLEVAL.
– The terms and conditions of referral to the Mediator and his contact details are available by clicking on the following link: Referral procedures and contact details for the Tourism and Travel Ombudsman, which can be found in the Reservations tab of the “help and assistance” section, or on the website www.mtv.travel
– The Mediator may be contacted within twelve (12) months of the first complaint.
– The form for referring a complaint to the Mediation officer is available at the following link: Form for referring a complaint to the Tourism and Travel Ombudsman.
In the event of a dispute within an Establishment located in Portugal which could not be resolved by the Establishment concerned or by the customer service, the Customer is invited to make a complaint on the complaints platform provided for this purpose and available on the presentation page of the Establishment concerned and accessible from the following link: www.livroreclamacoes.pt.
HÔTEL RICHER DE BELLEVAL also informs the Customer of the existence of a European platform for Online Dispute Resolution (“ODR”) to which he/she may have recourse. The Customer can access it from the following link: https://ec.europa.eu/consumers/odr/.