The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which “AG HÔTEL GRENETTE” (“the Service Provider”) allows consumer and business customers (“the Customers” or “the Customer”) to benefit from all of the services, in particular reservation, hotel and restaurant services (hereinafter referred to as the “Services”).
The Customer is obliged to read them before placing an order. The choice and purchase of Services is the sole responsibility of the Customer. The Customer also acknowledges that he/she is of legal age and has the legal capacity to order any of the Services offered by the Provider.
The contact details of the Provider are as follows:
AG HOTEL GRENETTE
17 Boulevard de Valmy
42300 ROANNE
Email address: mage@mage-hotels.com
Phone number: 04 77 71 25 59
These General Terms and Conditions of Sale are available at any time on the Provider’s website at ……………. and upon request to the Provider and shall prevail, if necessary, over any other version or any other contradictory document.
In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, delete and port all of his personal data by writing, by post and proving his identity, to the above-mentioned address.
The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them when placing an order. In the absence of proof to the contrary, the data recorded by the Service Provider constitutes proof of all transactions with the Customer.
These General Terms and Conditions of Sale may be subject to subsequent modifications, but the version applicable to the Customer’s purchase is the one in force on the website at the time the order is placed.
The sale of Services offered by the Provider is only complete after compliance with the procedure described below:
It is also specified that the check-in must be done by the Client on the website in order to validate the reservation and to generate the access codes to the accommodation and services.
In accordance with article 1127-2 of the Civil Code, the Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance.
The Service Provider reserves the right to verify the information provided by the Customer. The Service Provider shall therefore be free not to proceed with its commercial proposal if the information provided is incorrect.
The sale shall only be considered final and therefore validated by the Service Provider after confirmation of the acceptance of the order has been sent to the Customer by e-mail and after the Service Provider has received the full amount due.
It is specified that if the Client is led to book his Services via a different website from that of the Service Provider, then the conditions for placing an order may differ. In this respect, the User is informed that he/she may also be subject to the General Terms and Conditions of Sale of the platforms used.
It is also agreed between the Parties that the Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
In the event of the Client’s failure to show up, cancellation, modification of the Client’s reservation or interruption of the stay before the scheduled departure date, and this within 96 hours before the initially scheduled arrival date, for any reason whatsoever, the sums paid will remain in full and by right acquired by the Provider, without prejudice to any other rights or actions that the Provider may take against the Client.
4.1 – Hours of access to the accommodation and authorised persons :
The availability of the accommodation will begin from 4:00 pm on the scheduled day of the client’s arrival. The client must vacate the accommodation by 11:00 am at the latest on the scheduled departure day.
It is also specified that the number of persons occupying the premises may not exceed the number indicated at the time of booking. If this is not the case, the Client will be charged a flat rate of 50 euros per additional person per day of occupation.
4.2 – Relocation
In the event of an exceptional event or the impossibility of making the premises booked by the Client available to him, the Provider may offer him accommodation, for all or part of the duration of his stay, in a room of at least an equivalent category, for services of the same nature.
4.3 – Access codes :
Access codes are generated for the duration of the Client’s stay.
It is specified that the access codes are strictly personal, confidential and nominative. As such, they must not be passed on to third parties, for which the Customer is responsible.
In the event of a code malfunction, the Client undertakes to inform the Service Provider without delay so that the latter can make the necessary changes.
4.4 – Pets :
Please note that pets are not allowed in the accommodation and restaurants. In the event of non-compliance with this prohibition, the Client will be charged a fixed sum of 100 euros per day of occupation, in addition to the costs incurred in the event of damage to the premises.
4.5 – No smoking :
It is specified that the accommodation and restaurants are entirely non-smoking. The Client shall thus be liable for direct and/or indirect consequential damages resulting from the act of smoking within the accommodation. In the event of non-compliance with this prohibition, the Client will be charged a fixed sum of 100 euros per day of occupation, in addition to the costs of cleaning, disinfecting and restoring the damaged element or space to its original state.
4.6 – Candles and flames :
It is strictly prohibited to use candles, light a flame, or use any product considered inflammable within the service provider’s premises. In case of non-compliance, a flat fee of 100 euros will be charged to the client for each offense, in addition to the costs incurred in case of premises damage.
It is also specified that a flat fee of 100 euros will be charged to the client in case of alarm triggering, in addition to the costs incurred in case of premises damage.
4.7 – Accommodation equipment, damage, theft of equipment:
The layout and equipment of the accommodation may not be altered or moved in any way whatsoever by the Client or by a third party.
An inventory of fixtures will be carried out by the Service Provider prior to the Client’s arrival and after his departure. Upon arrival, the Client is required to report any problems or malfunctions to the Service Provider’s staff. Otherwise, any damage, soiling of fabrics, malfunctions or lack of equipment found will be invoiced to the Client by direct debit to the bank account provided by the Client, depending on the extent of the damage.
4.8 – Prohibition of domiciliation
The Customer agrees not to use or distribute the address of the Customer’s place of accommodation or the address of the Service Provider as the Customer’s principal residence or business address.
4.9 – Noise nuisance and tranquility
The Client shall ensure that the peace and quiet is not disturbed at any time by his/her behaviour or that of his/her guests. The use of sound equipment is permitted as long as the resulting noise does not disturb the neighbours and the laws and regulations are observed.
Failing this, the Service Provider may demand the immediate eviction of the Client and the payment of a lump sum of 200 euros in addition to the costs incurred by the noise nuisance.
If necessary, the cost of the night security team’s intervention will also be invoiced to the Client (the amount may vary from €350 to €650 TTC depending on the time and period of intervention).
For the peace of mind and safety of the Clients, a camera may film the so-called “common” parts of the Provider’s private facilities.
4.10 – In case of non-compliance :
In the event of non-compliance with any of the above provisions, the Service Provider reserves the right to invoice the Client or to deduct from the Client’s account the corresponding sums under the bank guarantee granted in accordance with Article 5.
5.1 – Tourist tax:
The tourist tax, added to the total amount of the reservation, is payable by the Client and is set at a flat rate of €0.75 per night and per person.
5.2 – Security deposit :
It is specified that for all Services, the Client undertakes to provide a valid credit card number for the entire duration of his stay, as a guarantee. In this respect, the Client expressly authorises the Service Provider to keep this data for the time necessary to achieve its purpose and to proceed with a bank pre-authorisation corresponding to the total amount of the reservation in order to be able to activate, if necessary, the said guarantee.
This guarantee may be used, in particular, in the event of damage, whether intentional or not, for the replacement of missing objects noted at the time of the Client’s departure, if the number of persons occupying the suite exceeds that provided for at the time of the reservation, and in the event of mini-bar consumption, etc., which the Client expressly acknowledges and accepts.
5.3 – Financial arrangements :
The price is payable in full at the time of booking. The characteristics and financial conditions relating to the Services offered by the Provider are available on the website at: www.mage-hotels.com/hotel-la-grenette/
When confirming the booking of a Service, the main characteristics and the total price are indicated to the Client in euros including VAT. The prices include the VAT applicable on the day of the reservation and any change in the VAT rate will be automatically reflected in the price indicated on the date of the invoice.
It is agreed that these prices are firm and non-revisable during their period of validity, as indicated on the Provider’s website, the latter reserving the right, outside this period of validity, to modify the prices at any time.
5.4 – Means of payment :
Payments are to be made by credit card. The online payment methods also available and mentioned on the payment page of the Provider’s website are: Visa and Mastercard, American Express, Discover, JCB, Diners, China UnionPay, Apple Pay and Google Pay.
However, it is specified that, depending on the booking Platform chosen by the Client, the means and methods of payment may differ.
5.5 – Late payment :
The Service Provider shall not be obliged to provide the Services ordered by the Client if the price has not been paid in full in accordance with the terms and conditions set out herein.
It is specified that any sum not paid by the Client on the due date may also result in :
Payments made by the Client shall only be considered final after the Service Provider has received the amounts due.
In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: (12) the provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time.
Under the terms of this Agreement, the Provider undertakes to take all necessary care in the performance of the Services, which are the subject of this Agreement. However, the Service Provider shall not be held responsible for the quality and execution of the services provided by third parties or for the consequences thereof, in particular, booking and payment transactions are made directly between the Client and the service provider concerned.
In accordance with the legal provisions, the Service Provider guarantees the Customer against any lack of conformity of the Services and against any latent defect relating to the said Services, to the exclusion of any negligence or fault on the part of the Customer.
The Service Provider shall not be liable for any failure of the common facilities of the premises and the building such as digicodes, building access door, lift, plumbing, breakdowns or failures of utilities such as water, electricity, internet or television, which are not of its making.
The Provider shall also not be liable for noise and nuisance of any kind which is beyond its control or which is not located in the rented premises.
It is also specified that the Client agrees not to use the premises of the Service Provider for pedophilic, pornographic, prostitution, terrorist or any other illegal or immoral purposes. The Provider shall not be liable for the use of the premises for such purposes.
In any event, the Service Provider’s liability shall be limited to proven fault or negligence and shall be limited to direct damage to the exclusion of any indirect damage of any kind.
In order to assert its rights, the Customer shall, under penalty of forfeiture of any action relating thereto, inform the Service Provider in writing of the existence of the defects within the time limits provided by law.
The Service Provider shall rectify or cause to be rectified, at its own expense and in the manner agreed by the Client, the Service Provision deemed defective.
The Service Provider shall not be held responsible or liable for any delay, non-performance or damage resulting from the occurrence of a case of force majeure as defined in Article 1218 of the French Civil Code, or in the event of the Client’s fault or negligence.
In any event, in the event that the Service Provider’s liability is retained, the Service Provider’s guarantee shall be limited to the amount (excluding VAT) of the sums paid by the Client for the provision of the Services.
Pursuant to Law 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices, in particular.
This data may be communicated to any of the Service Provider’s partners responsible for the execution, processing, management and payment of orders.
The processing of the information provided by the Customer complies with the legal requirements for the protection of personal data, and the information system used also ensures optimum protection of this data.
The Service Provider implements personal data processing, the terms of which are described in the legal notice of the website at www.mage-hotels.com/hotel-la-grenette/In accordance with the provisions of Article L223-2 of the French Consumer Code, the Service Provider informs the Customer, in respect of the telephone details provided by the Customer, that he/she has the right to register on a list of opposition to telephone canvassing, which can be accessed free of charge at the address www.bloctel.gouv.fr.
The content of the website www.mage-hotels.com/hotel-la-grenette/ ainsi and the associated trademarks and distinctive signs are the property of the Provider and its partners and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of these contents is strictly forbidden and may constitute an infringement of copyright.
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume an excessively onerous performance risk may request renegotiation of the contract from its co-contractor.
In the event of successful renegotiation, the Parties shall immediately draw up a new agreement as an amendment to this Contract, which shall formalise the result of the renegotiation.
If renegotiation fails, the Parties may, in accordance with the provisions of Article 1195 of the Civil Code, request the judge by mutual agreement to terminate or adapt the contract.
If the Parties fail to agree to refer the matter to the judge by mutual agreement within 7 (SEVEN) days of the disagreement being established, the most diligent Party may refer the matter to the judge for revision or termination of the contract.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to force majeure, within the meaning of Article 1218 of the Civil Code, or to exceptional health, political or climatic hazards beyond the control of the Parties.
The obligations of the party suffering from force majeure shall be suspended without any liability whatsoever. In particular, the time limits required for the performance of the obligations of the Party affected by the force majeure event shall be suspended for the duration of the force majeure event.
Each party undertakes to notify the other promptly, in writing, of the occurrence of any case of force majeure.
The Parties shall endeavour, as far as possible, to mitigate the effects of force majeure.
Delay due to force majeure shall not constitute sufficient grounds for termination of the contract.
If a case of force majeure prevents one of the parties from performing an essential obligation under this contract for a period of more than 60 (SIXTY) days, the parties shall meet as soon as possible to examine the conduct to be taken in such a situation, and each of the parties may then terminate the contract by registered letter with acknowledgement of receipt, without compensation for either party.
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject exclusively to French law.
The present General Terms and Conditions of Sale are written in English. Only the General Terms and Conditions of Sale written in French are authentic in the event of a dispute.
All disputes that may arise between the Parties concerning this Contract, its validity, interpretation, performance or termination shall be submitted to mediation before any legal action is taken.
The Parties hereby irrevocably agree to entrust this mediation mission to :
The National Chamber of Mediation Practitioners (CNPM), located at 23 rue de Terrenoire in SAINT-ÉTIENNE (42100) for professionals.
The National Chamber of Mediation Practitioners (CNPM), located at 27 avenue de la Libération in SAINT-CHAMOND (42400) for consumers.
The matter shall be referred to the National Chamber of Mediation Practitioners, upon request, by the most diligent Party.
The National Chamber of Mediation Practitioners shall submit to the Parties for approval one or more mediators, depending on the importance and complexity of the case, from the list. In the event of disagreement between the Parties on this proposal, it is already agreed that the choice of the mediator(s) will ultimately be made by the National Chamber of Mediation Practitioners itself, the Parties waiving any recourse against this appointment.
The Parties agree to rely on the Mediation procedure to be decided by the appointed mediator(s).
The Parties undertake to participate in the various meetings organised by the mediator(s) and to respond promptly to all summonses and requests made by the latter.
The Parties undertake, in general, to cooperate in good faith in the mediation. They undertake to respect the confidentiality that is attached to the conduct of this procedure as well as to all statements, acts, documents, etc. relating to it.
The agreement signed by the Parties at the end of the mediation procedure may be countersigned by the lawyer of each of the Parties in order to give it enforceability.
The agreement signed by the Parties at the end of the mediation may also be submitted, at the initiative of one of them or at their joint request, to the judge for approval in order to give it the authority of res judicata.
The remuneration of the mediator(s), as well as the costs incurred by the mediation mission, shall be borne equally by the Parties, unless a better agreement is reached between them.
In the event that the mediation fails, as in the situation where it has not been successful at the end of a period of 2 (TWO) months from the first meeting, the Commercial Court of ROANNE (42300) is expressly empowered.
The Customer acknowledges having been informed, prior to placing the order and concluding the Contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
The fact that a natural person (or legal entity) places an order with the Service Provider implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Service Provider.
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