General terms and conditions of sale
DEFINITIONS AND INTERPRETATIONS
Terms used herein that begin with a capital letter without prior definition have the meanings given to them below:
""Client"" means a natural person, of legal age, acting for their personal needs and having full legal capacity to enter into this agreement.
"Conditions of sale of the reserved rate" refers to the specific conditions of each reservation made by the Client.
""Booking Confirmation"" means the document summarizing the details of the booking made by the Customer, sent by the Website or the Hotel to the Customer.
""Reservation request"" means any request to reserve a hotel room made by the Client.
""Hotel"" refers to the La Sapinière hotel, operated by a limited liability company with a capital of €1000, whose registered office is located at hameau d'Espiaube 65170 St Lary Soulan, registered with the RCS of Tarbes under number 523040525.
""Partners"" means all service providers who have entered into a service contract or partnership agreement with the Hotel.
""Service"" means any hotel room booking service made by the Customer on the Hotel's website.
""Hotel Website"" refers to the website dedicated to the Hotel, accessible at the following address: https://hotelsaintlarysoulan.com ARTICLE 1 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of hotel room booking services and related services offered by the Hotel to consumers and non-professional clients on the Hotel's website.
The main features of the Services are presented on the Hotel's website.
The Client is required to read these terms and conditions before making any reservation. The choice and purchase of a Service is the sole responsibility of the Client.
The Client declares:
● Have the full legal capacity to enter into these General Terms and Conditions of Sale.
● Book hotel rooms and additional services for personal needs.
● Be able to save and print these General Terms and Conditions of Sale.
The hotel's contact details are as follows:
Hotel La Sapinière
Hamlet of Espiaube
65170 Saint Lary Soulan
These conditions apply to the exclusion of all other conditions, including those applicable to other marketing channels for the Services.
The Client is hereby informed that the Hotel enters into partnership agreements with third-party travel providers in order to enable the Client, by using the services offered by these partners on their website, to search for, select and book rooms in the Hotel. Any hotel room reservation made under these conditions implies that the Client has consulted and fully and unreservedly accepted the service provider's specific terms and conditions, the terms and conditions of sale for the reserved rate, and these general terms and conditions of sale. The Client declares having obtained from the Hotel all the necessary information available on the website.
These General Terms and Conditions of Sale are accessible at any time on the Hotel's website and shall prevail, where applicable, over any other version or contradictory document.
Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Client. Therefore, the entry of bank details, acceptance of the General Terms and Conditions of Sale, the Rate Conditions of Sale, or the Reservation Request, between the Hotel and the Client, has the same legal value as a handwritten signature on paper. The computerized records kept in the Hotel's computer systems will be kept under reasonable security conditions and considered as proof of communication, order and payment between the Hotel and the Client.
The Hotel ensures the preservation of the written record of the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
The Client is informed that their IP address is recorded at the time of booking.
In accordance with the French Data Protection Act of 6 January 1978, the Client has the right to access, rectify, and object to all of their personal data at any time by writing to the following address and providing proof of identity: Hôtel La Sapinière, Hameau d'Espiaube, 65170 Saint Lary Soulan, France
These General Terms and Conditions of Sale also include the Personal Data Charter.
The Client declares that they have read these General Terms and Conditions of Sale (including the Personal Data Charter) and have accepted them by ticking the box provided for this purpose before the implementation of the online booking procedure as well as the General Terms and Conditions of Use of the Hotel's website.
The validation of the reservation of Services by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Charter on Personal Data).
The Client acknowledges having the capacity required to contract and acquire the Services offered on the Hotel's website.
These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in effect on the website on the date of the reservation.
These General Terms and Conditions of Sale are applicable for the duration of the online availability of the services offered by the Hotel on the Hotel's website. The Hotel reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – Reservations
The Client selects the services they wish to book on the website, according to the following terms:
1. Selecting the room type and rate
2. Selection of additional services, if applicable
3. Verification and validation of the reservation details, the total amount of the reservation, and the rate conditions
4. Indication of contact details
5. Entering bank card details in case of guarantee or prepayment
6. Review and acceptance of the general terms and conditions of sale and the conditions of the selected rate prior to confirming the reservation
7. Confirmation of your reservation
The Client acknowledges having read the nature, purpose and booking terms of the Services offered by the Hotel and having requested and obtained the necessary information to make their booking with full knowledge of the facts. He is solely responsible for his choice of services and their suitability to his needs, so the Hotel cannot be held responsible in this regard.
The Client agrees to complete the information requested on the booking request and attests to the truthfulness and accuracy of the information provided.
The contractual information is presented in French and is subject to confirmation no later than when the reservation is validated by the Client.
For bookings made exclusively online, a reservation is registered on the Provider's website when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and confirms their reservation. The Client has the opportunity to review the details of their reservation, its total price, and correct any errors before confirming their acceptance (Article 1127-2 of the French Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Client's responsibility to verify the accuracy of the reservation and to report any errors immediately.
The sale of Services will only be considered final after the Provider sends the Client confirmation of acceptance of the reservation by email and after the Provider has received full payment.
Any reservation made on the Hotel's website constitutes the formation of a distance contract between the Client and the Service Provider.
The Hotel reserves the right to cancel or refuse any reservation from a Client with whom there is a dispute relating to payment for a previous reservation.
Each reservation is nominative and cannot under any circumstances be transferred to a third party.
Cancellation of a Flexible rate reservation:
In the event of cancellation of the reservation at the Flexible rate by the Client after its acceptance by the Hotel before the scheduled date of stay, for any reason whatsoever, the sum corresponding to the total amount will automatically be acquired by the Provider and invoiced to the Client, as damages, in compensation for the loss suffered.
Cancellation/Modification of a reservation at the Non-Cancellable Non-Refundable rate:
In the event of cancellation or modification of a reservation at the non-cancellable, non-refundable rate by the Client, for any reason whatsoever, a sum corresponding to 100% of the total prepaid amount will automatically be retained by the Service Provider and charged to the Client. The same will apply in the event of the Client's no-show on the scheduled arrival date.
ARTICLE 3 – RATES
The services offered by the Provider are provided at the rates in effect on the Hotel's website at the time the Provider registers the reservation. Prices are expressed in Euros, excluding and including VAT.
The prices take into account any discounts that may be granted by the Provider under the conditions specified on the Hotel's website.
These rates are fixed and non-revisable during their period of validity, as indicated on the Hotel's website, the Provider reserving the right, outside this period of validity, to modify the prices at any time.
Prices are shown before and during the booking process. They are per room for the number of people and the selected date.
Rates are confirmed to the Client inclusive of all taxes (including tourist tax) in the Hotel's commercial currency. They include VAT at the rate applicable on the day of booking; any change in the applicable VAT rate will be automatically reflected in the rates shown on the invoice date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
The payment requested from the Customer corresponds to the total amount of the purchase.
Unless otherwise stated on the Site, additional services (catering, etc.) are not included in the price.
The foreign currency conversion is provided for informational purposes only and is not contractually binding. If a rate involves payment directly to the Hotel upon the Client's arrival or departure, and the Client's currency differs from that of the Hotel, the rate charged by the Hotel may differ from the rate communicated at the time of booking, due to fluctuations in the exchange rate between the booking date and the payment date.
An invoice is issued by the Provider and sent by email to the clients upon delivery of the reserved Services.
ARTICLE 4 – PAYMENT TERMS
In case of cash payment on the day of booking (Non-Cancellable Non-Refundable Rate):
The price is payable in full, in cash, on the day of confirmation of the reservation by the Client, according to the terms specified in the "Reservations" section above, via secure payment:
– by bank cards: Visa, MasterCard, other blue cards (Ecard bleue).
When booking, the Client provides their bank details, specifying the name of the bank card, the bank card number, the expiry date (the bank card must be valid until the end of the stay) and the security code.
Payment data is exchanged in encrypted mode using the SSL protocol.
The Client will present themselves at the Hotel with the bank card used to pay for the reservation. They may be asked to present identification as part of credit card fraud prevention procedures.
The Provider will not be obliged to provide the Services ordered by the Client if the price has not been paid in full beforehand under the conditions and above indicated.
Payments made by the Client will only be considered final after the Provider has effectively received the amounts due.
In the case of cash payment upon provision of services (Flexible Rate):
The price is payable in full, in cash, on the day the reserved Services are provided, under the conditions defined in the "Provision of Services" section below and as indicated on the invoice given to the Client, via secure payment:
– by bank cards: Visa, MasterCard, other blue cards (Ecard bleue).
Payment data is exchanged in encrypted mode using the SSL protocol.
Upon arrival, the Hotel will ask the Client to pay a security deposit or authorize the debit of their bank card, in order to guarantee payment of the amounts corresponding to the services consumed on site.
The Client will then provide their bank details, specifying the name of the bank card, the bank card number, the expiry date (the bank card must be valid until the end of the stay) and the security code.
The Customer may be asked to present an identity document as part of the procedures for preventing credit card fraud.
The Provider will not be obliged to provide the Services ordered by the Client if the price has not been paid in full beforehand under the conditions and above indicated.
Payments made by the Client will only be considered final after the Provider has effectively received the amounts due.
ARTICLE 5 – Provision of Services
The Services reserved by the Client, which include hotel room booking services and ancillary services, will be provided according to the following terms and conditions, under the conditions set out in these General Terms and Conditions of Sale supplemented by the Conditions of Sale of the Rate which the Client has read and accepted when making his reservation on the Hotel's website.
Upon arrival, the Client will be asked to present their identity document to ensure compliance with their obligation to complete a Police Form.
The hotel is entirely non-smoking. The guest will be held responsible for any direct and/or indirect, consequential damages resulting from smoking in the hotel. Consequently, the guest will be liable for the full cost of cleaning and restoring any damaged item or area to its original condition.
Animals are not allowed in the establishment, according to the Hotel's current policy.
The guest is solely responsible for their personal belongings left in their hotel room, including outside the safe or in the hotel's public areas. The hotel cannot be held liable for any loss, theft, damage, or deterioration of said belongings.
The client accepts and agrees to use the room responsibly. Any behavior contrary to public decency and order will lead the Hotel to ask the Guest to leave the premises without any compensation or refund, even if payment has already been made. If no payment has yet been made, the guest will be required to pay for the nights already booked before leaving the establishment.
The Client shall be held liable for all direct and/or indirect, consequential damages caused by them, whether found in the reserved room or that they may cause within the Hotel. Consequently, they agree to indemnify the Hotel for the full amount of said damages, without prejudice to any other damages that may be due, including legal fees and court costs incurred by the Hotel.
Free WIFI access allowing guests to connect to the internet is offered according to the Hotel's current policy. The client agrees that the computer resources made available to them by the hotel will not be used in any way for the reproduction, representation, distribution, or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders as defined in Books I and II of the French Intellectual Property Code, where such authorization is required. Failure to comply with the aforementioned obligations may result in the client being accused of copyright infringement (Article L.335-3 of the French Intellectual Property Code), punishable by a fine of €300,000 and three years' imprisonment. The client is also required to comply with the hotel's internet service provider's security policy, including the rules for using the security measures implemented to prevent the unlawful use of computer resources and to refrain from any act that undermines the effectiveness of these measures.
Unless expressly stated otherwise, the room will be available to the guest at 5:00 PM on the day of arrival and the guest must vacate the room by 11:00 AM on the day of departure. Failure to do so will result in an additional night's charge. The guest is responsible for verifying their departure date. In the event of early departure, a charge equivalent to one night's stay will be applied, unless the guest has notified the hotel at least 24 hours prior to departure.
The Provider undertakes to make its best efforts to provide the Services reserved by the Client, within the framework of an obligation of means.
The Client will have a period of 8 days from their departure date from the Hotel to submit, in writing, any reservations or complaints concerning the provision of Services, with all supporting documentation, to the Hotel.
No claim will be validly accepted if the Client fails to comply with these formalities and deadlines.
In the absence of reservations or complaints expressly made by the Client within this period upon receipt of the Services, these will be deemed to conform to the reservation, in quantity and quality.
In case of eviction:
In the event of an exceptional event, force majeure or impossibility of making the reserved room available to the Client, the Hotel reserves the possibility of accommodating the Client totally or partially in a hotel of equivalent category, for services of the same nature and subject to the prior agreement of the Client.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with Article L 221-28 of the Consumer Code, the Client does not have the right of withdrawal provided for in Article L 221-18 of the Consumer Code, given the nature of the services provided.
The contract is therefore definitively concluded upon the Client placing the reservation according to the terms specified in these General Terms and Conditions of Sale.
ARTICLE 7 – Provider's Liability – Guarantee
The Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any lack of conformity or hidden defect arising from a failure to perform the Services reserved and actually paid for under the conditions and according to the terms defined in these General Terms and Conditions of Sale.
The services provided through the Hotel's website comply with the regulations in force in France. The Provider cannot be held liable for any failure to comply with the legislation of the country in which the Services are provided; it is the Client's responsibility, as the sole party responsible for choosing the Services requested, to verify this.
ARTICLE 8 – Data Processing and Freedoms
In accordance with law 78-17 of 6 January 1978, it is noted that the personal data requested from the Client is necessary for the processing of their reservation and the preparation of invoices, in particular.
This data is processed and intended for the Hotel and may be communicated to its potential partners responsible for the execution, processing, management and payment of reservations as well as the Client's stay.
In addition, the Hotel may send its customers by email its newsletter, promotional offers, and a satisfaction questionnaire following their hotel stay.
The processing of information communicated via the Hotel's website has been declared to the CNIL.
In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification and objection with regard to information concerning him/her.
This right can be exercised under the conditions and according to the procedures defined on the Hotel's website.
The personal data protection policy can be found in the Personal Data Protection Charter, which can be viewed on the Hotel's website.
ARTICLE 9 – Intellectual Property
The content of the Hotel's website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 – Unforeseen Circumstances
These General Terms and Conditions of Sale expressly exclude the legal doctrine of unforeseen circumstances provided for in Article 1195 of the French Civil Code for all Service operations performed by the Provider for the Client. The Provider and the Client therefore each waive the right to invoke the provisions of Article 1195 of the French Civil Code and the doctrine of unforeseen circumstances contained therein, undertaking to fulfill their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time the sale was concluded, even if their performance becomes excessively onerous, and to bear all the resulting economic and financial consequences.
ARTICLE 11 – 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 12: MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, the Personal Data Charter, the Terms and Conditions of Sale for the rate booked by the Customer, the Booking Request, and the Booking Confirmation by the Customer constitute the entire agreement between the parties within the limits of its subject matter. They therefore supersede and cancel, within this limit, any prior oral or written agreement.
No tolerance, whatever its nature, extent, duration or frequency, shall be considered as creating any right and shall not lead to limiting in any way whatsoever the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction.
Any clause of these General Terms and Conditions of Sale which is declared null and void or unlawful by a competent judge shall be deprived of effect, but its nullity shall not affect the other stipulations, nor affect the validity of the General Terms and Conditions of Sale as a whole or their legal effects.
ARTICLE 13 – Applicable Law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 14 – Disputes
All disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved between the Hotel and the Client, shall be submitted to the competent courts under the conditions of common law.
The Client is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code art. L 612-1) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 15 – Pre-contractual information – Customer acceptance
The Customer acknowledges having received, prior to making their reservation and concluding the contract, in a legible and understandable manner, these General Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
● the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
● the price of the Services and related fees;
● in the absence of immediate execution of the contract, the date or period within 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 not already 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.
● Accepted payment methods.
The act of booking on the Hotel's website by a natural person (or legal entity) implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Provider.
Contact & Access
HOTEL LA SAPINIERE
ESPIAUBE HAMLET
65170 SAINT LARY SOULAN
contact.lasapiniereespiaube@gmail.com
Phone
Tel: +33 (0) 562981408