Terms and Conditions
Table of contents
PREAMBLE
These general terms and conditions of sale (hereinafter referred to as the ‘General Terms and Conditions’) define the contractual relationship between any non-professional user (hereinafter referred to as the ‘Customer’) of the Hotel DALI (hereinafter referred to as the ‘Hotel’) and its website www.hotel-dali. fr (hereinafter, the ‘Site’), operated by the company DALISNEY, registered with the Trade and Companies Registry under the number 97838252100026, whose registered office is at 2Place Gérard Willaume, 77600 Chanteloup-en-Brie FR, with the number FR34978382521 (hereinafter, the ‘Service Provider’), from the reservation to the departure of the Customer from the Hotel, as well as the conditions applicable to any reservation made through the reservation services of the Hotel’s Site.
The Provider reserves the right to modify all or part of the Terms and Conditions at any time. In this case, the new version of the General Terms and 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 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 its own conditions of purchase or other 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.
The Customer has the option of saving and editing these General Terms and Conditions using the standard functions of his/her 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 Site.
The General Terms and Conditions apply to all services offered by the Hotel.
The recording of the reservation and the sending of the confirmation shall 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 in his/her own 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 him/herself and by minors under his/her care when making a reservation.
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 once a reservation number has been allocated to the Customer by the Service Provider, and communicated at the time of confirmation of the reservation, by any means of communication (telephone, e-mail, post, etc.).
BOOKING
The Customer chooses services from among those offered by the Provider and presented on the Hotel’s Web 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 or her choice of services and their suitability for his or her needs, and the Service Provider may not 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 PROCEDURES
Reservations for the services offered by the Hotel may be made by telephone on the following number: +33 1 85 36 00 00, by email or online via the Hotel’s website [email protected].
Written confirmation of the reservation will be sent to the Customer as soon as possible, and at the latest within eight (8) days of 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 services that the Customer may have included in his/her reservation request.
All minors must be accompanied by an adult in each room.
PROOF OF TRANSACTION
It is expressly agreed that, unless an obvious error is proven by the Customer, the data stored 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.
PRICES
The prices relating to the booking are indicated 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 price, 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 reservation that cannot be changed or refunded ;
- a flexible rate for a reservation that can be modified and refunded, for which the conditions for modification 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. Such changes will not apply to bookings previously accepted by the Provider.
PAYMENT TERMS
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 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 the preferential rate with prepayment: the total price of the reservation 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 bank card details can never transit over the Internet without being encrypted.
- for the flexible rate: no prepayment is required at the time of booking. The Customer’s bank card number is required to validate the booking, but the Customer’s bank 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 Customer’s 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 shall 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 the extras.
CHANGES TO THE BOOKING
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.
Modification at the request of the Provider: in the event that the reserved rooms are unavailable due to unforeseen circumstances, the Provider undertakes to relocate the Customer, at no extra charge, to a hotel of at least the same standard. The transfer costs associated with this relocation will be borne by the Provider.
TERMS AND CONDITIONS FOR CANCELLING A BOOKING
The Customer is reminded that, in accordance with article L. 121-20-4 of the French Consumer Code, he/she does 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 other bookings, all cancellations must be sent 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 the confirmation email and following the instructions displayed on the screen.
If the reservation includes a reservation fee, this fee is non-refundable. The amount of the fee charged to the Customer in the event of cancellation of their booking 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 fee.
It is advisable to cancel as soon as possible once the cause for cancellation has occurred.
For the purposes of calculating cancellation periods, it is agreed that the ‘Expected Date of Arrival’ will be the day of the first scheduled night 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 charged, excluding extras.
Cancellation by the Provider: in the event of cancellation by the Provider, no charge will be made to the Customer.
STAY AT THE HOTEL
Reception is open 24 hours a day.
Unless expressly agreed otherwise, the Customer may arrive at the Hotel from 4pm on the first day of the reservation and must leave the room before 12 noon on the day the reservation ends. 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 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.
All rooms are non-smoking, smoking in the rooms will result in an additional cleaning charge of 170€ at the end of the stay.
For safety reasons, the fire alarm may be triggered in order to guarantee the safety of our guests. If the fire alarm sounds during your stay, you will not be entitled to any compensation or reimbursement, despite any inconvenience caused.
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 this 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 LIABILITY OF THE CUSTOMER
The Customer is solely responsible for the information provided when creating his/her account and/or making any reservation. The Provider shall 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 the Customer’s e-mail address.
The Customer undertakes to use the Hotel Web Site and the services offered therein in compliance with the applicable regulations and these General 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 reservation, the Customer undertakes 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.
LIABILITY OF THE SERVICE PROVIDER
In the online booking process, the Provider is bound by an obligation of best endeavours. It may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service, 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 sole responsibility of the Customer.
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 as a result.
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 Site are strictly prohibited.
The Provider shall not be liable for any consequential damages arising out of or in connection with these Terms and Conditions of Use, including, without limitation, any damages caused by third parties, 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 by email, at the following address:
Hôtel DALI
Place Gérard Willaume, 77600 Chanteloup-en-Brie FR
Email: [email protected]
Website: www.hotel-dali.fr
Customers are also informed of their right, pursuant to article L.223-2 of the French Consumer Code, to be added to the list of persons opposed to telephone canvassing at the time their telephone details are collected.
Users are invited to consult the “Confidentiality policy ’ page.
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 Web Site.
Users are invited to consult the “Privacy Policy ’ page.
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 texts, 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 elements present on the Website, or to distribute a simple or hypertext link.
ENTIRETY OF THE CONTRACT
These General Terms and Conditions, the conditions of sale for the fare booked by the Customer and the booking confirmation express the entirety of the obligations of the parties and constitute confirmation of the contract including all the information provided for in article L. 221-5 of the Consumer Code within the meaning of article L. 221-13 of the 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 Supplier, 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 incurred as a result of 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, at the latest within fifteen (15) days of the last overnight stay, failing which the reservation will be forfeited:
JURISDICTION
These General Terms and Conditions and the contractual relationship between the 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 BOTH 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.
The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Tourism and Travel Mediator, whose contact details are as follows:
MTV Tourisme Voyage Mediation
BP 80 303
75823 Paris Cedex
Email : [email protected]
For more information about the Tourism and Travel Mediation officer, 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 of the pre-contractual information provided for in Articles L. 221-5 and L. 221-11 of the French Consumer Code, and in particular :
- 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.