Phone : 01 47 05 42 30
Address: 117, avenue de la Bourdonnais, 75007 Paris-France
SIREN: 434 011 680
SIRET: 434,011 680,000 23
RCS : Paris : 434 011 680
Intracommunity VAT N°: FR7543401168000023
Legal form: SAS
Share capital: Euros 502,000
Director of Publication: Clothilde Dupray-Binet
Editorial manager : Mrs.Clothilde DUPRAY-BINET
Web master, design, publishing, art direction: SAS WIHP
Photographs : Clothilde Dupray-Binet
Amazon Webserivce hosting: SAS WIHP
President SAS WIHP : Vincent Ramelli
The site presents :
Online collection of personal contact information
Data-processing law and freedom: the site is the subject of a declaration to the National Commission for Data Processing and Freedom. You have the right to access, modify, rectify and delete data concerning you (art. 34 of the French law "Informatique et Libertés"). To exercise this right, please contact: firstname.lastname@example.org.
Property: The site and the information it contains are protected by French law on intellectual property and by international conventions. Except for use within the family circle or private use, the site and no element of its content may be reproduced, republished, retranscribed, modified or retransmitted without the prior authorization of the rightful owners.
GENERAL SALES CONDITIONS
Version of 22.10.2020
These general conditions of sale (hereinafter, the "General Conditions") define the contractual relationship between any non-professional user (hereinafter, the "Customer") of the hotel Le Cercle *** (hereinafter, the "Hotel") and its website www.hotelcercleparis. com (hereinafter, the "Site"), operated by the company HOTELS EBER, a simplified joint stock company, registered with the Paris Trade and Companies Register under number 434 011 680, whose registered office is located at 117, Avenue Bourdonnais, 75007 Paris, whose intra-community VAT number is FR75 434 011 680 (hereinafter, the "Provider"), from the time of reservation until departure from the Customer's Hotel, as well as the conditions applicable to any reservation made through the reservation services of the Hotel's Website.
The Provider reserves the right to modify, in whole or in part, the Terms and Conditions at any time. In this case, the new version of the General Conditions will be available on the Site with its effective date. The applicable conditions will be those in force on the date of validation of the Customer's reservation.
The Customer declares having read the General Terms and Conditions, the prior acceptance of which is mandatory before the validation of any reservation. Any validated reservation entails the express and complete acceptance of the General Terms and Conditions and the renunciation of its own terms and conditions of purchase or other conditions. When the reservation is made on the Hotel's Website, the Customer declares that he/she has read the General Terms and Conditions and has accepted them by ticking the box provided for this purpose before validating the reservation.
The Customer has the option of saving and editing these General Terms and Conditions using the standard functionalities of his/her browser or computer.
1- APPLICATION FIELD
The General Terms and Conditions apply to all reservations made directly with the Service Provider or by Internet via the reservation services of the Hotel's Website.
The General Terms and Conditions apply to all services offered by the Hotel.
In the absence of proof to the contrary, the registration of the reservation and the sending of the confirmation will constitute proof of the transaction and acceptance of the operations carried out.
The Customer declares that he is acting for personal purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity and has full legal capacity to commit himself under these Terms and Conditions.
The Customer declares that he/she is responsible for the use of the Hotel's reservation site, both in his/her personal name and on behalf of third parties, in particular minors. In this respect, the Customer guarantees the truthfulness and accuracy of the information provided, both by himself or herself and by the minors in his or her custody at the time of the reservation.
Fraudulent use of the Hotel's reservation services or any use that contravenes the General Conditions may result in the refusal of access to the services offered and give rise to legal proceedings before the competent courts.
3- FORMATION OF THE CONTRACT
The contract is deemed to be formed once a reservation number has been assigned by the Service Provider to the Customer, and communicated at the time of confirmation of the reservation, and this by any means of communication (telephone, e-mail, mail, etc.).
The Customer chooses services from among those offered by the Provider and presented on the Hotel's Website according to his/her needs.
The Customer acknowledges that he/she is aware of the nature, destination and reservation methods of the services available on the Hotel's Website and that he/she has requested and obtained the necessary and/or additional information to make his/her reservation with full knowledge of the facts.
The Customer is solely responsible for his choice of services and their adequacy to his needs, so that the Service Provider's liability cannot be sought in this respect. The reservation is deemed accepted by the Customer at the end of the reservation process.
5- TERMS AND CONDITIONS OF RESERVATION
The reservation of the services offered by the Hotel can be made by telephone at the following number: +33(0)1 47 05 42 30, by email or online via the Hotel's website or by mail addressed to : Hôtel Le Cercle,117, Avenue Bourdonnais, 75007 Paris. A written confirmation of the reservation will be communicated to the Customer as soon as possible, and at the latest within eight (8) days following the reservation, by any means of communication. This confirmation will include the essential elements of the reservation, such as the type of room reserved, the number of nights, the price and the expected date of availability, as well as any other service that may have been included by the Customer in his or her reservation request.
6- PROOF OF TRANSACTION
It is expressly agreed that, in the absence of proof to the contrary, the data stored in the Service Provider's information system, on computer or electronic media, shall have evidentiary force regarding the reservations made by the Customer. Consequently, 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 manner, under the same conditions and with the same probative force as any document drawn up, received or retained in writing.
The prices are indicated before and at the time of booking. The amount to be paid by the Customer includes the price of the stay (unit price of the room selected by the Customer multiplied by the number of nights) plus the options chosen at the time of reservation (unit price multiplied by the quantity ordered), if any. Unless otherwise stated on the Site, options (breakfast) that are not offered at the time of reservation are not included in the price.
Prices are indicated inclusive of all taxes (including VAT), in euros, and are only valid for the date or period indicated on the Site.
The tourist tax, indicated for each rate, is to be paid directly on site at the Hotel, unless otherwise stated at the time of booking.
Any change or introduction of new governmental or local taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of invoice.
For reservations made online on the Hotel's Web site, the Customer may choose between several rates:
- preferential rates for a reservation that cannot be modified and is non-refundable;
- flexible rates for a modifiable and refundable reservation, for which the conditions for modification and refund are specified.
The Service Provider reserves the right to modify at any time and without prior notice the prices appearing in brochures and other commercial media, as well as the prices displayed in the establishments. These changes will not apply to reservations previously accepted by the Service Provider.
8- PAYMENT TERMS AND CONDITIONS
When making a reservation, the Customer must provide the authentication elements of his credit card in order to validate the reservation. Otherwise, the reservation will be automatically cancelled.
The Hotel may also ask the Customer to show proof of identity in order to prevent credit card fraud.
- for preferential rates with prepayment: the total price of the reservation is debited from the credit card provided by the Customer at the time of reservation. The Customer expressly acknowledges that this is a prepayment and that his/her card will be debited before his/her stay. The reservation validated by the Customer will only be considered effective after the agreement of the bank payment centers concerned. In the event of refusal by the said centers, the reservation will be automatically cancelled. Payment must be made with one of the credit cards indicated on the Site, through a secure web page. The Customer's credit card details will be encrypted with SSL (Secured Socket Layer) protocol up to 128 bits. The Customer's credit card details can never transit over the Internet without being encrypted.
- for flexible rates: no prepayment is required at the time of booking. The Customer's credit card number is required to validate the reservation but the Customer's credit card will not be debited. Payment for the reservation must be made to the Provider directly at the Hotel upon the Customer's departure. - For rates not prepaid online: The Hotel may ask the Customer, upon arrival, for a deposit or authorization to debit the credit card to guarantee payment of the amounts corresponding to the services consumed on site.
- Payment of extras: Any extras (bar, telephone, etc.) that are not explicitly included in the rates will be payable directly on site at the end of the stay. Failing this, the Customer expressly authorizes the Provider to debit the credit card left as a guarantee for the payment of extras.
9- MODIFICATION OF THE BOOKING
This provision does not apply to reservations made at the preferential rate.
- Modification at the request of the Customer: modifications to reservations may be made free of charge, subject to availability. Any additional charge generated by the modifications requested by the Customer will be invoiced additionally.
- Modification at the request of the Service Provider: in the event of unavailability of the reserved rooms due to a fortuitous event, the Service Provider undertakes to relocate the Customer, at no extra charge, to a hotel of at least equivalent standard. The transfer costs related to this relocation will be borne by the Provider.
10 - TERMS AND CONDITIONS OF CANCELLATION OF THE RESERVATION
The Customer is reminded that, in accordance with Article L. 221-28 of the French Consumer Code, he does not have the right of withdrawal provided for in Article L. 221-18 of the French Consumer Code.
Reservations made at the preferential rate cannot be cancelled by the Customer.
For other reservations, any cancellation must be sent by email with the reservation number.
For reservations made on the Hotel's Website, the Customer may cancel his or her reservation by clicking on the link at the end of the confirmation email and following the instructions displayed on his or her screen.
If the reservation includes a reservation fee, this will not be refundable. The amount of the fees charged to the Customer in the event of cancellation of the reservation are indicated at the time of reservation.
In the event of cancellation, if the Customer has paid online for all or part of the reservation, this amount will be returned to the Customer after deduction of the cancellation fee.
It is advisable to cancel as soon as possible after the cause of cancellation has occurred. For the calculation of the cancellation deadlines, it is agreed to take as "Estimated Date of Arrival" the day of the first night scheduled at 12:00 noon (12:00) local time.
- Cancellation by the Client for a one-night stay: this cancellation must be made no later than two (2) days before the planned date of arrival. Cancellations made less than one (1) day prior to the scheduled date of arrival or in case of no-show at the Hotel will be charged the full amount of the reservation, without any extras.
- Cancellation by the Customer for a stay of more than one night: this cancellation must be made no later than two (2) days before the scheduled date of arrival. For cancellations made less than two (2) days prior to the scheduled arrival date or in case of no-show at the Hotel - the first night will be charged, without extras.
- Cancellation by the Service Provider: in the event of cancellation by the Service Provider, no fee will be charged to the Customer; the Service Provider undertakes to relocate the Customer, at no extra charge, to a hotel of at least equivalent standard. The transfer costs related to this relocation will be borne by the Service Provider.
11- HOTEL STAY
The reception is open 24 hours a day.
Unless expressly stated otherwise, the Customer may arrive at the Hotel from 3:00 p.m. on the first day of his/her reservation and must leave the room before 11:00 a.m. on the day of the end of his/her reservation. Failure to do so will result in the Customer being charged for an additional night's stay.
The Customer accepts and undertakes to use the room and the common areas made available to him/her as a responsible person. Any behaviour contrary to the principles of safety and/or hygiene, morality and/or public order may lead the Provider to ask the Customer to leave the Hotel without any compensation and/or reimbursement if a payment has already been made.
Any damage caused by the Customer in the reserved room may be billed directly to the Customer. Penalties equal to the maximum price of the reserved room may be applied if the Customer does not comply with the signage prohibiting smoking in the entire hotel, including the room.
The Customer also agrees that the computer resources made available to him/her by the Hotel (in particular the WiFi network) shall not be used in any way whatsoever for the purpose of reproducing, representing, making available or communicating to the public 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 holders of the rights provided for in Books I and II of the Intellectual Property Code when such authorization is required.
12- COMMITMENTS AND LIABILITY OF THE CUSTOMER
The Customer is solely responsible for the information communicated at the time of the creation of his account and/or any reservation. The Service Provider shall not be held liable in the event of erroneous or fraudulent information communicated by the Customer. In addition, the Customer is solely 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 fraudulent use can be demonstrated that is not the result of any fault or negligence on his/her part. In this respect, the Service Provider must be immediately notified of any misappropriation or fraudulent use of its e-mail address.
The Customer undertakes to use the Hotel's Website and the services offered therein in compliance with the applicable regulations and these General Terms and Conditions. In the event that the Customer fails to comply with its obligations under these General Terms and Conditions, the Customer shall be liable for any damage caused by the Customer to the Hotel, the Service Provider or third parties. In this respect, the Customer undertakes to indemnify the Service Provider against all claims, actions or recourse of any nature that may result from such failure and to compensate the Service Provider for any damages, costs or indemnities of any kind whatsoever relating thereto.
The Customer, in particular, undertakes, when making a final reservation, to pay the price and to comply with any special conditions relating thereto. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the order at the Customer's expense, without prejudice to any civil or criminal action against the Customer.
13- RESPONSIBILITY OF THE PROVIDER
In the online booking process, the Service Provider is bound by an obligation of means. The Service Provider shall not be liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, interruption of service, etc. Hypertext links may refer to sites other than the Hotel's Site, which disclaims all responsibility for the content of these sites and the services offered. The decision to consult third-party websites is therefore the full and entire responsibility of the Customer.
Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel give as accurate an overview as possible of the services offered, minor variations may occur, particularly due to changes in furniture or possible renovations. The Customer shall not be entitled to make any claims on this account.
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 Hotel's Web Site are strictly prohibited.
The Service Provider shall not incur any liability for all or any part of the content of the offers.
The Service Provider shall not be liable for any consequential damages arising hereunder, in particular those caused by third parties, by the Customer or by the Hotel's partners.
14- PERSONAL DATA
The Customer acknowledges and accepts that the Hotel, as the data controller, collects and processes the personal data necessary for the purposes of managing reservations and customers, for billing and payment purposes and for carrying out its commercial actions and satisfaction surveys. The data is intended for the Hotel and its service providers.
The Customer is informed, on each of the forms for collecting personal data, of the mandatory or optional nature of the responses and information by the presence of an asterisk.
The processing of information communicated through the Hotel's Website complies with legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.
In accordance with current national and European regulations, the Customer has the right to access, rectify and delete personal data concerning him/her and may object to the processing of his/her data. To exercise these rights, the Customer must contact the Hotel, by mail or email, at the following address:
Hôtel Le Cercle, 117 avenue de la Bourdonnais, 75007 Paris, France
The Customer is also informed of his right, pursuant to Article L.223-2 of the French Consumer Code, to register on the list of opposition to telephone canvassing at the time of collection of his telephone details. www.bloctel.gouv.fr.
16- INTELLECTUAL PROPERTY
Concerning the use of the Hotel's Website, the Provider is the owner of all intellectual property rights relating to the Website.
The elements accessible on the Site, in particular in the form of texts, photographs, images, icons, sound, videos, software and databases, are also protected by intellectual and industrial property rights and other private rights held by the Provider.
Except with the express, written and prior agreement of the Service Provider, it is expressly forbidden to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, elements present on the Site, or to distribute a simple or hypertext link.
17- INTEGRALITY OF THE CONTRACT
These General Terms and Conditions, the terms and conditions of sale of the rate reserved by the Customer and the reservation confirmation express the entirety of the obligations of the parties and constitute the confirmation of the contract including all the information provided for in Article L. 221-5 of the French Consumer Code within the meaning of Article L. 221-13 of the French Consumer Code.
The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation confirmation, including the special conditions of the reserved rate, having been validated by the Customer and these General Terms and Conditions.
In the event of a contradiction between the booking confirmation and the General Terms and Conditions, the provisions appearing on the booking confirmation validated by the Customer shall be the only ones applicable for the obligation in question.
18- FORCE MAJEURE
The Provider, the Hotel and the Customer shall not be held liable in the event of non-performance of their obligations resulting from an event of force majeure, as defined in Article 1218 of the Civil Code. It is expressly agreed that force majeure suspends, for both parties, the performance of their mutual obligations. Each of the parties shall bear all costs incumbent upon it resulting from the force majeure event.
Any complaint relating to a reservation must be sent by the Customer either by email or by registered mail with acknowledgement of receipt to the following Hotel address, at the latest within fifteen (15) days following the last night, under penalty of foreclosure:
Hôtel Le Cercle, 117 avenue de la Bourdonnais, 75007 Paris, France
20- ASSIGNMENT OF COMPETENCE
A dispute may not be examined by the consumer mediator where the consumer does not justify having first tried to resolve his dispute directly with the professional by means of a written complaint in accordance with the procedures laid down, where applicable, in the contract.
These General Conditions and the contractual relationship between the Provider and the Customer are subject to French law.
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THE PRESENT GENERAL CONDITIONS COULD GIVE RISE CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND CONSEQUENCES AND WHICH COULD NOT BE RESOLVED BETWEEN THE PROVIDER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
The customer can seize, either one of the jurisdictions territorially competent under the code of civil procedure, or the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
However, the Customer undertakes to seek an amicable solution before any legal action.
The Customer is informed that he may in any event resort to conventional mediation, in particular with the Mediator of Travel Tourism, whose contact details are as follows: MTV Médiation Tourisme Voyage BP 80 303 75823 Paris Cedex Email: email@example.com For more information on the Médiateur Tourisme Voyage, the Customer may consult its website: www.mtv.travel.
The Customer is informed that he may visit the European platform for the Online Settlement of Disputes (ODR) between consumers and professionals by going to www.ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng.
21- PRECONTRACTUAL INFORMATION
The Customer acknowledges having been informed, prior to the confirmation of his/her reservation, on the Hotel's Web Site, in a legible and comprehensible manner and on a durable medium, of the following
General Conditions and all pre-contractual information provided for in articles L. 221- 5 and L. 221-11 of the Consumer Code, and in particular :
- the essential characteristics of the services, taking into account the medium of communication used and the service concerned;
- the price of the service and its ancillary costs;
- in the absence of immediate execution of the contract, the date or the deadline 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 they are not apparent from the context;
- information relating to the legal guarantees and their implementation;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of recourse to conventional mediation in the event of a dispute;
- the non-applicability of the right of withdrawal.
- information relating, where applicable, to the costs of using remote communication technology, the existence of codes of good conduct, where applicable, guarantees and warranties, the methods of termination, the methods of settling disputes and other contractual conditions.