GENERAL TERMS AND CONDITIONS OF SALE
The website accessible at the url www.hoteldetigny.com is owned and published by Société Hôtelière d'Etigny, a simplified joint-stock company with a capital of 360,000.00 Euros, SIREN 311 223 770, APE 5510Z, registered with the Trade and Companies Register of Toulouse under number B311 223 770, whose registered office is located at 3 avenue Paul Bonnemaison, 31110 BAGNERES DE LUCHON and whose intra-community VAT number is FR53 311 223 770.
For any information, please contact: etigny@yahoo.com
INTRODUCTION
1.1 The Site allows customers to book rooms and additional services within the Etigny hotel.
1.2 These General Terms and Conditions of Sale (the "" General Terms and Conditions of Sale "") apply to the booking of rooms and additional services at the Hôtel d'Etigny (the "" Services "") and are those in effect on the date of confirmation of your booking on the Websites. They supersede and replace all General Terms and Conditions of Sale previously published online and/or accepted by the Customer.
1.3 All bookings made on the Site require consultation and unconditional acceptance of the General Terms and Conditions of Sale. It is recommended that you download and/or print the General Terms and Conditions of Sale to keep a copy on the day of booking, as they are subject to change. However, any changes made after a reservation has been confirmed cannot be applied to that reservation.
1.4 The Client's acceptance of the General Terms and Conditions of Sale and the conditions, including financial conditions, of each reservation made occurs when proceeding with the reservation " By choosing to book, I acknowledge that I have read and accepted the General Terms and Conditions of Sale and the Privacy Policy of the hotel d'Etigny".
1.5 The Client acknowledges having all the necessary information on the Site, which includes in particular:
The full contact details of the Société Hôtelière d'Etigny can be found in the section " General Terms and Conditions of Use of the Site " ,
the main and essential characteristics of the accommodation and additional services offered to clients,
these General Terms and Conditions, the specific conditions applicable to each offer and/or accommodation and/or additional service(s), and the Privacy Policy,
the price of accommodation and additional services offered to clients,
the maximum number of accommodations that can be booked by a Client,
Accepted payment methods and terms,
the duration of the contract concluded between the client and the Hotels.
1.6 The term "" Client(s) "" refers to any natural person who places an order on the Site, as a consumer, for private or professional purposes, but unrelated to the hotel industry.
1.7 As a consumer, the Client benefits from rights which may be called into question in the event that the Services are booked by him in the context of the exercise of a professional, commercial, industrial, craft or liberal activity.
1.8 Only Clients (i) who have reached the age of majority (eighteen in most countries) and (ii) who have the legal capacity to enter into contracts, are authorized to order Services on the Site.
1.9 The information provided by the Site is presented in French, as well as in several foreign languages.
OBJECT
2.1 The General Terms and Conditions of Sale define the terms and conditions applicable to online booking on the Services Website.
2.2. These General Terms and Conditions of Sale do not govern the offer, reservation, or ordering of Services offered by entities other than Société Hôtelière d'Etigny, or by other websites and/or mobile applications. Before confirming any order for Services through third-party websites or mobile applications, we recommend that you review their terms and conditions of sale, as Société Hôtelière d'Etigny cannot be held liable in any way for the provision of Services offered by third parties.
2.4 The General Terms and Conditions of Sale apply to all stages of booking Services by the Client and to the monitoring of their booking.
RESERVATION
3.1 The Site offers an online booking process for hotel rooms for a maximum of five (5) rooms per booking, and additional services.
3.2 The accommodation offers presented on the Site are accompanied by an information sheet including:
where applicable, the type of commercial offer applicable (for example: " Book now and pay less" , " Last minute promotion -10%" , " Flexible rate" , " Room and breakfast" , " Your birthday at the hotel" ...),
a description of the room(s) concerned,
the additional services included in the offer,
the cancellation and modification conditions applicable to the reservation,
where applicable, the specific terms and conditions of sale that apply,
the terms and conditions of payment,
General Terms and Conditions of Sale.
3.3 The Site occasionally offers promotional deals accessible only on the Hôtel d'Etigny website, excluding all other third-party sites, such as temporary offers called " Best Price Guaranteed " or " Deal ." Where applicable, the Customer is advised to consult the specific terms and conditions applicable to these offers, which are brought to their attention at the time of booking. These promotional offers may be modified at any time by the Société Hôtelière d'Etigny, which is contractually bound only by bookings confirmed by the Customer and cannot be held liable for the modification or withdrawal of a promotional offer on the Sites.
3.4 The Client selects the Services offered on the Site. They are solely responsible for choosing the Services and ensuring their suitability to their needs, therefore the Société Hôtelière d'Etigny is not liable for any consequences arising from this selection.cannot be held liable in this regard.
3.5 The Client may reserve a maximum of five (5) rooms on the Website. For reservations exceeding five (5) rooms, or for any other service request not listed on the Website, please contact the Société Hôtelière d'Etigny or the Hôtel d'Etigny directly. For reservations of six (6) rooms or more, group rates may apply, which will require a deposit from the Client and will be subject to specific cancellation and modification conditions. For further information, please contact the Hôtel d'Etigny.
3.6 The reservation is deemed accepted by the Client at the end of the reservation process.
3.7 The Client attests to the truthfulness and accuracy of the information provided when booking Services. Etigny Hotel Companyreserves the right to refuse any booking made by a person who makes fraudulent use of the Site or who does not comply with these General Terms and Conditions of Sale.
3.8 Any booking of more than 5 rooms or 25 nights or more will incur special conditions and additional charges.
BOOKING PROCESS
4.1 Bookings are made directly by the Customer on the Site.
4.2 When booking, the Client must provide a certain number of mandatory data, including certain personal data necessary for the processing of the booking by the Société Hôtelière d'Etigny, which reserves the right to refuse any booking in the absence of this data or due to its erroneous nature. The Client must also indicate the number of people benefiting from the Services, as well as their age, any minor over the age of 13 being considered an adult.
4.3 The booking procedure on the Site includes, in particular, the following steps:
Step 1: Select your arrival date on the homepage of the website www.hoteldetigny.com,
Step 2: Opening of a secure page showing the offers available for the Etigny hotel and the date indicated, and offering the Client the possibility to specify or modify any of the choices made (arrival and departure dates, number of room(s), number of people…),
Step 3: Consultation and selection of an offer,
Step 4: Selection, where applicable, of one or more additional services.
Step 5: Verification of the booking details, its total price and applicable conditions, and possible modification of the choices made.
Step 6: The Client provides their contact details.
Step 7: Entering bank details if a guarantee or prepayment is requested.
Step 8: Review and acceptance of the General Terms and Conditions of Sale, the Privacy Policy and, where applicable, any specific terms and conditions of sale before the Client confirms the booking.
Step 9: Confirmation of the reservation by the Client.
RESERVATION CONFIRMATION
5.1 The Site acknowledges receipt of the reservation made by the Client by sending an email containing (i) the corresponding reservation number, (ii) the summary of the reservation and in particular the Services reserved, the price of the Services, the terms and conditions of sale applicable to the selected rate, accepted by the Client, (iii) the General Terms and Conditions of Sale, where applicable, information relating to after-sales service as well as the contact address to which complaints can be submitted.
5.2 The reservation is considered firm and final upon receipt of this booking confirmation email sent by the hotel d'Etigny to the Client.
5.3 The duration of the contract concluded between the Client and the Hotel corresponds to the duration of the Accommodation Service provided for in the reservation.
CANCELLATION OR MODIFICATION OF A RESERVATION BY THE CUSTOMER
6.1 Pursuant to Article L.221-28 According to the Consumer Code, the Services offered on the Site do not allow the exercise of the right of withdrawal provided for in Articles L.121-21 et seq. of the Consumer Code in matters of distance selling contracts.
6.2 The terms and conditions of sale of the reserved rate specify the terms and conditions for cancellation and/or modification of the reservation.
6.3 Pre-paid reservations cannot be modified or cancelled. The advance payments constitute a deposit and are therefore non-refundable, as stated in the terms and conditions of sale for the rate, which are provided to and accepted by the Client.
6.4 Where cancellation of a reservation is possible, a specific link " cancel an order" will be provided.» is available on the Sites' homepage, allowing you to cancel a reservation by entering the email address provided during the reservation and the reservation number indicated in the reservation confirmation email.
6.5 Some commercial offers on the Site may include specific conditions on cancellation and modification of the reservation; these are detailed in their Specific Conditions appearing in the offer description sheet.
6.6 In the event of a Covid-19 infection prior to the stay, no exceptional provisions are made for cancellation, modification, credit note, or refund of the reservation. If the client has paid a deposit, this constitutes a binding commitment and obligates them to pay for the entire stay.
FAILURE TO APPEAR AND INTERRUPTION OF STAY
7.1 All reservations made on the Site include an arrival time of 15:00 and a departure time of 12:00.
7.2 If the reserved room is vacated after the required departure time (12:00), an additional night will be charged to the Client as a penalty.
7.3 Any interruption of the stay before the scheduled departure date in the reservation will result in the payment of the full agreed price.
PRICES FOR SERVICES
8.1 The price of the Services is indicated on the Site before booking on the offer description sheet, as well as during the booking process.
8.2 The prices indicated are per room for the number of people indicated and the period selected and include only the Services strictly mentioned in the reservation.
8.3 The price of each Service is indicated inclusive of all taxes (TTC), excluding tourist tax, and details the amount of VAT applicable to the Service.
8.4 The euro is the currency for bookings; therefore, payment must be made in this currency. Prices displayed on the Website in other currencies are estimates and do not accurately reflect the amount payable, which will be indicated in euros when the Client confirms the booking. The tourist tax is €1.44 per person per night. It is payable directly to the Hotel upon arrival.
8.5 The prices listed on the Website are subject to change at any time by the Société Hôtelière d'Etigny, without prior notice. Only the price indicated in the booking confirmation is binding.
8.6 The prices issued are determined by a careful pricing management practice. They can therefore depend on several parameters such as (non-exhaustive list): The booking date, the stay date, the time between these two dates, etc...
PAYMENT OF THE PRICE
9.1 Unless otherwise specified, payment for the Services is due at the Hotel, no later than the end of the stay and in all cases before departure from the establishment. In the case of prepayment, the sums paid constitute a deposit and are non-refundable to the Client.
9.2 Furthermore, the Etigny Hotel Company reserves the right to carry out, in particular upon arrival at the Hotel, a pre-authorization on the Client's bank card in order to guarantee payment of the price of the Services as well as any consumption or expenses of the Client on site. Pre-authorisation is not an immediate debit but corresponds to a sum blocked on the Client's account, authorised by the bank, which temporarily reduces the balance of the Client's account in order to guarantee the possibility of a subsequent debit.
9.3 In the event of a no-show at the hotel, the Client's bank details provided at the time of booking will be used for the purpose of settling the corresponding penalties.
HOTEL STAY
10.1 In accordance with current French regulations, the Client may be required to complete a police registration form upon arrival at the Hotel. To verify whether the Client is required to complete this formality, they will be asked to provide identification.
10.2. The Hôtel d'Etigny welcomes certain animals for an additional fee, provided they are kept on a leash or in a cage in the hotel's common areas. For more information on these conditions, guests are advised to contact the Hôtel d'Etigny directly. The animal remains the sole responsibility of the guest throughout their stay. For hygiene reasons, animals are not permitted in the restaurant.
10.3 During their stay, the Client agrees to use the rented room responsibly and with due care. The Hotel may ask the Client to leave the Hotel without any compensation and to pay for the entire reserved service, particularly in the event of:
behavior contrary to public morals or public order,
any damage, deterioration, act of vandalism occurring on his part or on the part of his employees or persons under his charge, during the occupation of the premises, on any movable or immovable property, furnishings, decoration or any other nature present in the Hotel.
Furthermore, the Client will be required to fully reimburse the damages caused by his actions, the Société Hôtelière d'Etigny having all the right and able to take any action necessary to obtain compensation for the damage suffered.
10.4 The Etigny Hotel Company provides Clients with free Wi-Fi internet access in the Etigny hotel.
The Client undertakes that the computer resources made available to it will not be used for fraudulent or illegal purposes, and in particular to commit any act of infringement of third-party rights and/or illegal downloading of works protected by copyright or related rights, punishable under Article L.335-2 of the Intellectual Property Code.
Eviction – Force Majeure
11.1 In the event that the reserved room at the Hôtel d'Etigny is unavailable, the Société Hôtelière d'Etigny reserves the right to accommodate the Client, in whole or in part, in a hotel of equivalent or superior category offering similar services. The transfer will be entirely at the expense of the Société Hôtelière d'Etigny, without any additional charges being incurred by the Client at the hotel.
11.2 The Etigny Hotel Company will be released from all liability for the non-performance of its obligations in the event of events falling under a case of force majeure, for the duration of the force majeure event, and undertakes to make all reasonably necessary efforts to limit its effects.
11.3. For the purposes of this Article, force majeure shall be understood as any event or fact that the parties could not reasonably foresee and control at the time of booking due to its external, unforeseeable, and irresistible nature. In addition to those recognized by French courts, the following shall be considered force majeure events: total or partial strikes, whether internal or external to the hotels; terrorism; wars or uprisings; severe weather; epidemics; blockages of transportation or supply routes for any reason whatsoever; earthquakes; fires; storms; floods; water damage; and computer system failures that paralyze a party's normal business operations.
HEALTH REGULATIONS - HEALTH PROTOCOL
In accordance with current health legislation and regulations, the Etigny hotel undertakes, within the framework of its services and in compliance with its health protocol, to comply with the various official rules and recommendations in force.
The Etigny Hotel Company is committed to making every effort to preserve and ensure the health and safety of its customers and, more generally, all its partners. As a consequence of this obligation of due diligence, the Etigny Hotel Company can only be held liable in the event of proven fault or negligence.
Furthermore, in the event that a Client acts, directly or indirectly, on their own initiative or at the instigation of a third party, in violation of the health protocol implemented by the Hôtel d'Etigny and, more generally, in violation of all measures implemented by the establishment to comply with applicable health regulations, the Société Hôtelière d'Etignycannot be held liable for any direct or indirect damages and/or consequences of any kind resulting from such a violation.
PERSONAL DATA
13.1 In application of Law No. 2018 – 493 of 20 June 2018 relating to the protection of personal data and the General Data Protection Regulation No. 2016/679 (GDPR), the Client is informed that the information provided during the booking has been subject to the processing of personal data for the purposes of managing bookings and Clients, billing and payment needs, as well as for commercial prospecting purposes.
13.2 The Client has a right of access, rectification, portability and deletion of personal data concerning him/her, which he/she can exercise with the services of the Société Hôtelière d'Etigny by writing to the following email address:etigny@yahoo.com .
13.3 The Client can obtain information on how Société Hôtelière d'Etigny processes his personal data by consulting the Privacy Policy or by sending a request to the following email address: etigny@yahoo.com or to our registered office address: 3 avenue Paul Bonnemaison, 31110 BAGNERES DE LUCHON (France).
13.4 By accepting these General Terms and Conditions of Sale, the Client acknowledges and accepts that the Société Hôtelière d'Etigny may, for the proper execution of the Services, collect his telephone data.
In accordance with Article L. 223-2 of the Consumer Code, and Law No. 2014-344 of 17 March 2014 relating to consumer affairs, the Customer has the option to register free of charge on the telephone marketing opt-out list BLOCTEL ( www.bloctel.gouv.fr )In order to avoid being contacted by telephone for marketing purposes, the customer has the option to register for free on this list at https://conso.bloctel.fr/index.php/inscription.php .
APPLICABLE LAW – MEDIATION – JURISDICTION
14.1 These General Terms and Conditions of Sale are governed by French law.
14.2 All complaints relating to the non-performance or improper performance of Services at the Hôtel d'Etigny must be reported by the Client by registered letter with acknowledgment of receipt to:
The following postal address: Société Hôtelière d'Etigny, 3 avenue Paul Bonnemaison, 31110 BAGNERES DE LUCHON.
the email address Etigny@yahoo.com .
The Etigny Hotel Company will strive to handle this claim in the best possible way and reach a resolution of the dispute in accordance with the interests of both parties.
14.3 In the absence of an amicable settlement of the dispute, the Client has the option of contacting the Avenir Conso Mediator at the following address:
Future Consumer
197, Boulevard Saint-Germain
75007 Paris.
For more information about the AME Conso Mediator , the Customer can consult its website: https://www.avenir-conso.com
For more information, you can consult the official Consumer Mediation website at the following link: https://www.economie.gouv.fr/mediation-conso
"In accordance with the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation, you can exercise your right to access, dereferencing, portability and objection to the processing of your personal data and have it rectified by contacting the Société Hôtelière d'Etigny by sending a message to etigny@yahoo.com or by mail to the following address: Hôtel d'Etigny, 3 avenue Paul Bonnemaison - 31110 BAGNERES DE LUCHON.
14.4 Notwithstanding the foregoing, any dispute relating to the interpretation, performance, and validity of these General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the competent courts of Toulouse. In the event of a complaint relating to the Services, an out-of-court dispute resolution solution is available to the Client, who may file a complaint on the online dispute resolution (ODR) platform via the following address:Online dispute resolution | European Commission: ec.europa.eu/consumers/odr
14.5 Regarding Disputes - DISPUTES:
DISPUTES: In the event of a dispute between the professional and the consumer, they will strive to find an amicable solution.
In the absence of an amicable agreement, the consumer has the option of contacting the consumer mediator responsible for the professional, namely AVENIR CONSO, free of charge, within one year of the written complaint addressed to the professional.
The matter must be referred to the consumer mediator:
- either by completing the form provided for this purpose on the Avenir Conso website: www.avenir-conso.com ;
-either by mail addressed to AVENIR CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
GENERAL PROVISIONS
15.1 The General Terms and Conditions of Sale are amended regularly, particularly in light of regulatory changes. The new General Terms and Conditions of Sale will apply from the date of their publication on the Sites.
15.2 The General Terms and Conditions of Sale, including the Privacy Policy, the General Terms and Conditions of Use of the Site and, where applicable, the specific conditions relating to certain offers, constitute the entire contract concluded between the Client and the Société Hôtelière d'Etigny concerning his reservation on the Site and cancel all previous general terms and conditions of sale.
15.3 In the event that one of the stipulations of these General Terms and Conditions of Sale is declared null and void in whole or in part, for any reason whatsoever, the other stipulations shall remain in force.
INFORMATION REGARDING COOKIES
What is a cookie and what is it used for?
A cookie (or tracking cookie) is a text file that may be stored, depending on your settings, in a dedicated area of your device's hard drive (computer, tablet, etc.) when you visit an online service using your web browser. It is sent from a website's server to your browser. Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the device on which it is stored for the duration of the cookie's validity or registration period. A cookie cannot be used to identify a specific individual. The operating company invites you to consult the CNIL website at the following address:https://www.cnil.fr/fr/cookies-et-autres-traceurs/comment-se-proteger/maitriser-votre-navigateur
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