Allgemeine geschäftsbedingungen
Preambule
These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) define the contractual relationship between any non-professional user (hereinafter the “Customer”) of HOTEL RESTAURANT PAX (hereinafter the “Hotel”) and its website www.clapclap-strasbourg. com (hereinafter, the “Site”), operated by HOTEL RESTAURANT PAX registered under SIREN number 905018719, whose registered office is Hôtel RESTAURANT PAX, 24 rue du Fraubourg National – 67000 STRASBOURG, France, whose intra-community VAT number is FR57608501482 (hereinafter, the “Provider”), from the time of reservation until the time of departure from the Hotel of the Customer, as well as the conditions applicable to any reservation made through the reservation services of the Site of the Hotel.
The Service Provider reserves the right to modify all or part of the General Terms and Conditions at any time. In this case, the new version of the General Terms and Conditions will be available on the Website 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 that he/she has read the General Terms and Conditions, which must be accepted before any reservation can be validated. Any validated reservation implies express and complete acceptance of the General Terms and Conditions and the waiver of the Customer’s right to invoke his/her own terms and conditions of purchase or any other terms and conditions. When a reservation is made on the Hotel Site, the Customer declares that he/she has read the General Terms and Conditions and accepts them by ticking the appropriate box before validating the reservation.
Customers have the option of saving and editing these General Terms and Conditions using the standard functions of their browser or computer.
Field of application
The General Terms and Conditions apply to all reservations made directly with the Provider or by Internet via the reservation services on the Hotel’s Website.
The General Terms and Conditions apply to all services offered by the Hotel.
The recording of the reservation and the sending of the confirmation will constitute proof of the transaction and acceptance of the operations carried out.
Capacity
The Customer declares that he/she is acting for personal purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity and that he/she has full legal capacity to enter into commitments under these General Terms and Conditions.
The Customer declares that he/she is responsible for the use of the Hotel Site reservation site, both on his/her own behalf 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 him/herself and by minors under his/her care at the time of booking.
Fraudulent use of the Hotel’s reservation services or use that contravenes the General Terms and Conditions may lead to refusal of access to the services offered and to prosecution before the competent courts.
Formation of the contract
The contract is deemed to have been formed as soon as a booking number has been allocated by the Supplier to the Customer and communicated at the time of confirmation of the booking, by any means of communication (telephone, e-mail, post, etc.).
Reservation
The Customer chooses services from among those offered by the Provider and presented on the Hotel’s Site according to his/her needs.
The Customer acknowledges that he/she is aware of the nature, purpose and reservation terms and conditions of the services available on the Hotel Site and that he/she has requested and obtained the necessary and/or additional information in order to make his/her reservation with full knowledge of the facts.
The Customer is solely responsible for his choice of services and their suitability for his needs, and the Service Provider cannot be held liable in this respect.
The booking is deemed to have been accepted by the Customer at the end of the booking process.
Booking arrangements
Reservations for services offered by the hotel can be made by telephone on the following number : +33 (0)3 88 32 14 54, by email or online via the Hotel website [email protected]
Proof of transaction
It is expressly agreed that, unless an obvious error is proven by the Customer, the data kept in the Service Provider’s information system, on computer or electronic media, has evidential value concerning the reservations made by the Customer. Consequently, this data may be produced as evidence in any litigation or other proceedings, and will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same evidential value as any document drawn up, received or kept in writing.
Price
Booking prices are quoted before and at the time of booking.
The sum 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 booking (unit price multiplied by the quantity ordered), where applicable. Unless otherwise stated on the Site, options (breakfast) that are not offered at the time of booking are not included in the price.
Prices are given inclusive of all taxes (VAT included), in euros, and are valid only for the date or period indicated on the Site.
The tourist tax, indicated for each rate, must be paid directly to the hotel unless otherwise specified at the time of booking.
Any change or introduction of new government or local taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the invoice date.
For reservations made online on the Hotel Site, the Customer has a choice of several rates:
a preferential rate for a booking that cannot be changed or refunded ;
a flexible rate for bookings that can be changed and refunded, for which the conditions of change and refund are specified.
The Provider reserves the right to change the prices shown in brochures and other commercial material, as well as the prices displayed in the establishments, at any time and without prior notice. These changes will not apply to bookings previously accepted by the Provider.
Terms of payment
At the time of booking, the Customer must provide the authentication details of his/her bank card in order to validate the booking. Failing this, the booking will be automatically cancelled.
The Hotel may also ask the customer to show proof of identity in order to prevent credit card fraud.
for the preferential rate with prepayment: the total price of the booking is debited at the time of booking, to the bank card provided by the Customer. The Customer expressly acknowledges that this is a prepayment and that his/her card will be debited before his/her stay. The booking validated by the Customer will only be considered effective once the relevant bank payment centres have given their approval. In the event of refusal by the said centres, the reservation will be automatically cancelled. Payment must be made using one of the credit cards indicated on the Site, via a secure web page. The Customer’s credit card details will be encrypted using SSL (Secured Socket Layer) protocol up to 128 bits. The Customer’s credit card details can never be transmitted over the Internet without being encrypted.
for the flexible rate: 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 on the Customer’s departure.
For rates that are not prepaid online: The Hotel may ask the Customer, upon arrival, for a security deposit or authorisation to debit the credit card in order to guarantee payment of the sums 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 authorises the Supplier to debit the credit card left as a guarantee for the payment of extras.
Modification of reservation
This provision does not apply to bookings made at the preferential rate.
Changes at the Customer’s request: booking changes may be made free of charge, subject to availability. Any price supplement generated by the changes requested by the Customer will give rise to additional invoicing.
Changes at the Provider’s request: in the event that the reserved rooms are unavailable due to unforeseen circumstances, the Provider undertakes to relocate the Customer, at no extra cost, to a hotel of at least equivalent standard. The Service Provider will pay the transfer costs associated with this relocation.
How to cancel a booking
Customers are reminded that, in accordance with article L. 121-20-4 of the French Consumer Code, they do not have the right of withdrawal provided for in article L. 121-20 of the French Consumer Code.
Bookings made at the preferential rate cannot be cancelled by the Customer.
For all other bookings, cancellations must be made by email, quoting the booking number.
For reservations made on the Hotel Site, the Customer may cancel his/her reservation by clicking on the link at the end of his/her confirmation email and following the instructions displayed on his/her screen.
If the reservation includes a reservation fee, this will not be refundable. The amount of the fee charged to the Customer in the event of cancellation of the reservation is indicated at the time of booking.
In the event of cancellation, if the Customer has paid all or part of the booking online, this amount will be refunded after deduction of the cancellation charges.
It is advisable to cancel as soon as possible once the cause for cancellation has occurred.
For the purposes of calculating the cancellation periods, it is agreed that the “Expected date of arrival” will be the day of the first scheduled overnight stay at midday (12:00) local time.
Cancellation by the Customer for a one-night stay: this cancellation must be made at least one (1) day before the planned date of arrival. For cancellations made less than one (1) day before the scheduled date of arrival or in the event of no-show at the Hotel, the full amount of the reservation will be charged, excluding extras.
Cancellation by the Customer for a stay of more than one night: this cancellation must be made at least one (1) day before the planned date of arrival. For cancellations made less than one (1) day before the scheduled date of arrival or in the event of no-show at the Hotel, the first night will be billed, excluding extras.
Cancellation by the Provider: in the event of cancellation by the Provider, no fee will be charged to the Customer.
Hotel stay
Reception is open 24 hours a day.
Unless expressly agreed otherwise, the Client may arrive at the Hotel from 2 p.m. on the first day of the reservation and must leave the room before 11 a.m. on the day the reservation ends. If they fail to do so, they will be charged for an extra night’s stay.
The Customer accepts and undertakes to use the room and the communal areas made available to him/her as a good father of the family. Any behaviour contrary to the principles of safety and/or hygiene, good morals and/or public order may lead the Supplier to ask the Customer to leave the Hotel without any compensation and/or without any refund if 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 a maximum of the price of the room booked may be applied if the Customer does not comply with the notice prohibiting smoking in his/her room, when it is posted.
The Customer also undertakes to ensure that the IT resources made available by the Hotel (in particular the WiFi network) are not used in any way for the purposes 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 authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorisation is required.
Commitments and responsibility of the customer
The Customer is solely responsible for the information provided when creating their account and/or making any reservation. The Provider may not be held liable for any erroneous or fraudulent information provided by the Customer. In addition, the Customer alone is responsible for the use of his/her account and any reservations made, both in his/her own name and on behalf of third parties, including minors, unless fraudulent use resulting from no fault or negligence on his/her part can be demonstrated. In this respect, the Provider must be notified immediately of any misappropriation or fraudulent use of its e-mail address.
The Customer undertakes to use the Hotel Site and the services offered therein in compliance with the applicable regulations and these Terms and Conditions. Should the Customer fail to comply with his/her obligations under these Terms and Conditions, the Customer shall be liable for any damage caused by the Customer to the Hotel, the Provider or third parties. In this respect, the Customer undertakes to indemnify the Supplier against all claims, actions or recourse of any nature whatsoever that may result and to compensate the Supplier for all damages, costs or compensation whatsoever relating thereto.
In particular, by making a definitive booking, the Customer undertakes to pay the price and to comply with any special conditions that may apply.
Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for any 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.
Responsibility of the service provider
In the online booking process, the Service Provider is bound by an obligation of best endeavours. The Service Provider may not be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions, etc. Hypertext links may lead to sites other than the Hotel Site, which accepts no responsibility for the content of these sites or the services offered. The decision to consult third-party Internet sites is therefore the Customer’s full and entire responsibility.
The photographs presented on the Hotel Site are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel give as accurate an idea as possible of the services offered, variations may occur, in particular due to changes in furniture or possible renovations. The Customer shall not be entitled to any claim in this respect.
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 Site are strictly prohibited.
The Provider shall not be liable for any consequential loss or damage arising out of or in connection with this Agreement, whether caused by a third party, the Customer or the Hotel’s partners.
Personal data
The Customer acknowledges and accepts that the Hotel, as the data controller, collects and processes the personal data required to manage reservations and customers, for billing and payment purposes, and to conduct its marketing campaigns and satisfaction surveys. The data is intended for use by the Hotel and its service providers.
The Customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers and information by the presence of an asterisk.
The processing of information communicated via the Hotel Site complies with legal requirements regarding the protection of personal data, and the information system used ensures optimum protection of such data.
In accordance with the national and European regulations in force, the Customer has the right to access, rectify and delete personal data concerning him/her and may oppose the processing of his/her data. To exercise these rights, the Customer must contact the Hotel, by post or email, using the following details:
HÔTEL RESTAURANT PAX
24 rue du Fraubourg National – 67000 STRASBOURG, France.
Email: [email protected]
Site: www.clapclap-strasbourg.com
The Customer is also informed of his right, pursuant to article L.223-2 of the French Consumer Code, to be registered on the “opposition to telephone canvassing” list when his telephone details are collected.
Cookies
The Site uses cookies. A cookie is a computer file stored on the hard disk of the Customer’s computer. Its purpose is to indicate a previous visit by the Customer to the Hotel Site. Cookies are only used by the Service Provider to personalise the service offered to the Customer.
The Customer may refuse cookies by configuring his/her Internet browser. In this case, the Customer loses the ability to personalise the service provided by the Service Provider via the Website.
Intellectual property
With respect to the use of the Hotel’s Website, the Provider holds all intellectual property rights relating to the Website.
The elements accessible on the Site, particularly in the form of text, photographs, images, icons, video sounds, software and databases, are also protected by intellectual and industrial property rights and other private rights held by the Provider.
Without the express prior written consent of the Service Provider, it is expressly forbidden to reproduce, exploit, distribute or use for any purpose whatsoever, even in part, any of the elements present on the Website, or to distribute a simple or hypertext link.
Integrality of the contrat
The present General Terms and Conditions, the conditions of sale of the fare booked by the Customer and the booking 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 decreasing order of priority, the booking confirmation, including the special conditions of the fare booked, which have been validated by the Customer, and these General 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 will be the only ones applicable to the obligation in question.
Force majeure
The Provider, the Hotel and the Customer may 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 French Civil Code.
It is expressly agreed that force majeure suspends the performance of the parties’ mutual obligations.
Each of the parties shall bear the cost of all expenses incumbent upon it resulting from the force majeure event.
Complaints
Any complaint relating to a reservation must be sent by the Client by registered post with acknowledgement of receipt to the following Hotel address, no later than fifteen (15) days after the last overnight stay, failing which the reservation will be forfeited:
Jurisdiction and referral to the consumer ombudsman
These General Terms and Conditions and the contractual relationship between the Service Provider and the Customer are governed by French law.
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL TERMS AND CONDITIONS MAY GIVE RISE CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND CONSEQUENCES AND WHICH COULD NOT BE RESOLVED BETWEEN THE SERVICE PROVIDER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
However, the Customer undertakes to seek an amicable solution before taking any legal action.
If you do not receive a satisfactory response within 15 days of contacting Customer Services, you may refer the matter to the Tourism and Travel Ombudsman, whose contact details are given below:
MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex
Email : [email protected]
For more information about the Tourisme Voyage Ombudsman, the Customer may consult his website: www.mtv.travel.
The Customer is informed that he may visit the European platform for Online Dispute Resolution (ODR) between consumers and professionals: https://ec.europa.eu/consumers/odr/main/index.cfm
Pre-contractual information
The Customer acknowledges that, prior to confirming his/her reservation, he/she has been provided, on the Hotel Site, in a legible and comprehensible manner and on a durable medium, with these General Terms and Conditions and with all the pre-contractual information provided for in articles L. 221-5 and L. 221-11 of the French Consumer Code, and in particular with :
the essential characteristics of the services, taking into account the communication medium used and the service concerned ;
the price of the service and its ancillary costs;
in the absence of immediate performance of the contract, the date or 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 this is not apparent from the context;
information relating to legal guarantees and how they are implemented;
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 the distance communication technique, the existence of codes of good conduct, where applicable, deposits and guarantees, termination procedures, dispute resolution methods and other contractual conditions.
