GTC
Capitalized terms used herein have the meaning given to them below:
"Client" means a natural person, of legal age, acting for his personal needs and having full legal capacity to undertake hereunder.
“GTC” refers to these general terms and conditions of sale as a whole.
"Conditions of Sale of the Reserved Rate" means the specific conditions of each reservation made by the Customer.
"Reservation Confirmation" means the document summarizing the details of the reservation made by the Customer, sent by the Website or the Hotel to the Customer.
"Reservation request" means any Hotel room reservation request made by the Customer.
"Hotel" means the hotel "The Liberty's", 81 rue d'Anse - 69400, operated by the Company
"Partners" means any company that has entered into a partnership agreement with the Hotel.
“Providers” means all service providers who have entered into a service provision contract with the Company or to whom the Company subcontracts services.
"Service" means any hotel room reservation service carried out by the Customer on the Hotel's Website.
"Site" means the website dedicated to the Hotel accessible at the following address http://www.hotelthelibertys.com
"Company" means SAS The Liberty's with a capital of €835,000, whose registered office is 81 rue d'anse - 69400 VILLEFRANCHE-SUR-SAONE, registered with the Paris RCS under number 752 710 830 and which operates the Hotel.
Article 1 – Application
The GCS apply, without restriction or reservation, to all sales operations of the Services and ancillary services offered by the Company or by any
Provider to consumers and Customers on the Site or on any Partner online booking platform of the Company.
The main characteristics of the Services are presented on the Site.
The Customer is required to read it before making any reservation. The choice and purchase of a Service and its ancillary services is the sole responsibility of the Customer.
These T&Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Site on the date of the reservation.
It is therefore imperative that the Customer carefully read the T&Cs which are referenced by hypertext link available on the Site. In particular, he is advised to download and/or print them in order to keep a copy on the day of his order as soon as they are likely to be modified, it being however specified that such modifications will not be applicable to orders. of Services performed previously.
These GCS apply to the exclusion of all other conditions, and in particular those applicable for other Services marketing channels.
The GCS may be supplemented by special conditions of sale appearing on the description of the service as well as by the conditions of sale of the Service Providers and Partners, accessible either on their website or on site.
It is brought to the attention of the Customer that the Company concludes partnership agreements with third party travel providers in order to allow him, by using the services offered by these partners on their website, to search, select and reserve rooms in the 'Hotel. Any reservation of hotel rooms made under these conditions implies consultation and complete and unreserved acceptance by the Customer of the special conditions of the Partner, the Conditions of Sale of the Rate reserved and these GCS. The Customer declares to have obtained from the Hotel all the necessary information available on the Site.
Article 2 – Capacity
The Customer acknowledges having the capacity to contract, that is to say having reached legal majority and not being under curatorship or guardianship.
The Customer also declares to use the Site in accordance with these GCS, in his name and in the name and on behalf of all the beneficiaries of the Services and additional services ordered by him on the Site of which he acknowledges being the agent (hereinafter "the Beneficiaries”) and to which the T&Cs will be enforceable.
The Client is financially responsible for the use of the Site made both in his name and on behalf of the Beneficiaries, except to demonstrate fraudulent use not resulting from any fault or negligence on his part.
The Client guarantees the truthfulness and accuracy of the information provided by him in his name and in the name and on behalf of all the Beneficiaries using his data on the Site.
The Company reserves the right at any time not to contract with a Customer who makes fraudulent use of the Site or who contravenes these GCS.
Article 3 – Rates
Prices are indicated in Euros.
VAT is included in the prices offered. Any change in the applicable rate, or any modification or introduction of new legal taxes introduced by the competent authorities, will be automatically passed on to the prices indicated on the date of invoicing.
Rates are per room for the number of people indicated and according to the period selected.
The prices indicated only include the Services and ancillary services strictly mentioned in the reservation. To the price mentioned in the reservation will be added the additional services provided by the hotelier during the stay and, where applicable, the tourist tax.
The Customer agrees to pay these various taxes without any dispute with the Company.
The prices mentioned on the Site are subject to change at any time by the Company without prior information or notice. Only the price indicated in the booking confirmation by the Company is contractual.
No stay booked before the establishment of a possible promotional offer will be subject to reimbursement, even partial.
The conversion into foreign currency is given for information only and is not contractual. If a rate involves payment directly to the Hotel upon the Customer's arrival or departure and the Customer's currency is not the same as that of the Hotel, the rate debited by the Company may be be different from that which was communicated at the time of the reservation, taking into account the evolution of the exchange rate between the date of reservation and the date of payment.
An invoice is drawn up by the Service Provider and given to the Client when the reserved Services are provided.
Article 4 – Reservations / Online orders
The Customer acknowledges having read the nature, destination and terms of reservation of the Services offered by the Company and having requested and obtained the information necessary to make his reservation in full knowledge of the facts. He is solely responsible for his choice of services and their suitability for his needs, so that the responsibility of the Company cannot be sought in this regard.
The Customer must, when placing his order online:
complete the identification form on which he will indicate all the requested details,
complete the online order form giving all the references of the products or services chosen,
validate his order after having checked it,
make payment under the conditions provided and confirm their order and payment in the event of an option for a pre-payment plan (advance purchase), or send the Company their bank details in the event of an option for a flexible plan.
Any reservation for more than 5 rooms may entail special conditions and additional costs.
Confirmation of the order entails express acceptance of these GCS, acknowledgment of having perfect knowledge of them and waiver of the right to invoke its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
The Company transmits to the Customer, by any means (e-mail, simple mail, fax, etc.), the confirmation of the registered order.
The reservation is firm and final only after receipt of the confirmation sent to the Customer by the Company.
The rates, terms and conditions of a reservation are intended for the sale of Hotel rooms in accordance with their primary purpose (lodging). The Company reserves the right to modify the rates, terms and conditions, or simply to cancel the reservation, if the rooms are used for other purposes such as photo shoots, film shoots, showrooms, or interview…
Article 5 – Terms of online payment
Depending on the type of reservation made, the price is due in full when the order is placed (pre-payment plan) or at the end of the Customer's stay at the Hotel (flexible plan).
In all cases and in order to guarantee his reservation, the Customer is asked to communicate his credit card number, the transmission being done by secure mode.
In the event of payment at the time of placing the order, the credit card information transmitted by the Customer through a secure system to the Company allows the latter to debit the card for the total amount of the stay, always secure way. The Customer's bank account is debited on the day of the order, the invoice being sent by the Company to the Customer on the day of his departure from the Hotel.
The credit card used to make the reservation must be presented on arrival by its carrier. Failing this, a new credit card will be requested for payment on arrival.
If the stay is taken over by a third party, the Hotel will require documents for the security of the transaction.
The Hotel reserves the right to pre-authorize your credit card at any time before your arrival.
Article 6 – Modification or cancellation of a reservation by the Customer
Cancellations and/or changes to reservations may be authorized according to the rate plan chosen by the Customer.
In the event of an option for a flexible plan, any request for modification and/or cancellation of a reservation must be made as soon as possible and at the latest 48 hours before the start of the stay.
The modification and/or cancellation of a reservation is firm and final only after receipt of a confirmation by email from the Company.
The date of receipt of the request for modification and/or cancellation (by e-mail, post, telephone) is the date retained for the cancellation.
In the event of the option for a pre-payment plan, no modification or cancellation will be accepted and the total amount of the stay will remain with the Hotel without the Customer being able to claim any refund.
In case of no-show of the Customer at the Hotel and in the absence of cancellation:
The total amount of the reservation will be retained by the Hotel in the event of a “Plan in pre-payment” reservation;
The amount corresponding to the first night will be charged by the Hotel in the event of a "Flexible Plan" reservation.
Moreover, for a stay of at least 2 nights, in the event of no-show of the Customer on the first day of the stay, the Hotel is not required to keep the room for the remaining duration of the stay.
The Customer is asked to plan an arrival at the Hotel before 7:00 p.m. and to notify the hotelier in the event of late arrival, under penalty of being considered as not having shown up on the first day of the stay.
Article 7 – Provision of services
The Services reserved by the Customer, which include the Hotel room reservation services and related services, will be provided according to the following terms and conditions, under the conditions provided for in these GCS supplemented by the Conditions of Sale of the Tariff from which the Customer has taken knowledge and that he accepted when making his reservation on the Site.
Upon arrival, the Client will be asked to present his identity document in order to ensure his obligation to complete a Police Form.
The Hotel is an entirely non-smoking area. The customer will be held liable for direct and/or indirect, consequential damages resulting from the act of smoking in the Hotel. He will therefore be liable for the full amount of the costs of cleaning and restoring the damaged element or space to its original state.
Pets are allowed at the hotel with an additional charge
The Customer accepts and undertakes to use the room as a good father. Also, any behavior contrary to morality and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation and/or without any refund if payment has already been made. In the event that no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
The Customer will be held liable for all direct and/or indirect, consequential damages of which he is the author, observed in the reserved room or which he may cause within the Hotel. Consequently, it undertakes to compensate the Hotel for the amount of said damages, without prejudice to any damages that may be due, procedural costs and legal costs incurred by the Hotel.
WIFI access (paid or not) allowing customers to connect to the Internet may be offered according to the Hotel's Policy in force. The Customer agrees that the computer resources made available to him by the Hotel will not be 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 authorization of the holders of the rights provided for in Books I and II of the Code of intellectual property where such permission is required. If the Customer does not comply with the aforementioned obligations, he could be accused of an offense of counterfeiting (article L.335-3 of the intellectual property code), punishable by a fine of 300,000 euros and three years' imprisonment. . The Customer is also required to comply with the security policy of the Hotel's internet access provider, including the rules for the use of the security means implemented in order to prevent the illicit use of the resources computers and to refrain from any act that undermines the effectiveness of these means.
Unless expressly provided otherwise, the Room will be made available to the Customer on the day of his arrival at 3 p.m. and the Customer will leave the room on the day of his departure at 12 p.m. Failing this, an additional night will be invoiced to the Customer. The Client must check his departure date. In the event of early departure, costs equivalent to one night will be charged, unless the Customer has notified the Hotel at least 24 hours before departure.
The Company undertakes to make its best efforts to provide the Services reserved by the Customer, within the framework of an obligation of means.
The Customer will have a period of 8 days from the date of departure from the Hotel to issue, in writing, reservations or complaints concerning the provision of the Services, with all the supporting documents relating thereto, to the Company.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
In the absence of reservations or complaints expressly issued within this period by the Customer upon receipt of the Services, these will be deemed to comply with the reservation, in quantity and quality.
Article 8 – Additional services
Orders for ancillary services and/or packages can only be placed at the same time as the reservation of a stay in the Hotel on a given and predetermined date.
They may only be used by the Customer during his stay at the Hotel. The cancellation conditions are provided for in article 10 of these GCS.
Article 9 – Removal
In the event of unavailability of the Hotel or in the event of force majeure, the Company reserves the right to have the Client totally or partially accommodated in an accommodation establishment of equivalent or higher category owned by a Partner (tourist hotel, furnished tourist accommodation, or tourist residence), for services of the same nature.
The transfer will then be the responsibility of the Company. The Customer cannot engage the responsibility of the Company in the event of dislodging for any reason whatsoever.
In the event of dislodging, the Customer will be required to sign and accept the General Conditions of the Partner, which will constitute the only standards applicable to his stay in the establishment of the Partner.
The responsibility of the Company can in no way be sought for cases where the Customer has been dislodged and accommodated in the premises of the Partner, only the Partner then being responsible for the facts produced during the Customer's stay in his establishment.
Article 10 – Right of withdrawal
In accordance with Article L 221-28 of the Consumer Code, the Customer 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.
Consequently, the Services and additional services ordered on the Site are exclusively subject to the conditions of cancellation and modification provided for in these GCS and the Customer may not invoke the right of withdrawal.
The contract is therefore concluded definitively as soon as the reservation is made by the Customer according to the methods specified in these GCS.
Article 11 – Force majeure
Force majeure means any event external to the parties that is both unpredictable and insurmountable which prevents either the Customer or the hotelier from fulfilling all or part of the obligations provided for in the contract.
This is particularly the case in the event of a strike, insurrection, riot, prohibitions enacted by governmental or public authorities.
It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the cost of the resulting costs.
In particular, Customers will bear only the additional costs that may be incurred to allow the continuation of the trip, following the occurrence of a case of force majeure.
Article 12 – Imprevision
These T&Cs expressly exclude the legal contingency regime provided for in article 1195 of the Civil Code for all Customer Services operations. The Company and the Customer therefore each waive the right to avail themselves of the provisions of article 1195 of the Civil Code and the contingency regime provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the time of the conclusion of the contract, even if their execution would prove to be excessively onerous and to bear all the economic and financial consequences.
Article 13 – Responsibilities
The Company declines all responsibility in the event of theft, loss or damage to items belonging to Customers during their stay.
The Customer will be held responsible for any damage, any degradation, any act of vandalism which may occur due to the occupation of the premises and/or due to the participants and/or the staff for whom he is responsible, both movable, decorative and real estate belonging or not to the Hotel. As a result, the Company has every right to ask the Customer to leave the establishment without any compensation and without any reimbursement of the current stay, and to reimburse the damage caused by these acts.
The Company, in the online sales process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 14 – Data processing and freedoms
In application of the law 78-17, known as data processing and freedoms, the customers are informed that their reservation is the subject of a computerized nominative treatment. Customers have a right to access and rectify the data entered, which is exercised at the head office: SAS THE LIBERTYS – The Liberty's, 81 rue d'Anse – 69400 VILLEFRANCHE-SUR-SAONE. It is specified that this information is not communicated to third parties.
The Hotel has a video surveillance system in the common areas of the building.
Article 15 – Applicable law and language
These T&Cs are governed by French law. This is the case for the rules of substance as well as for the rules of form. Disputes will fall under the exclusive jurisdiction of the French courts.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.