Terms & Conditions
GENERAL TERMS FOR ONLINE SALES
INTERNET RESERVATION OF A HOTEL ROOM WITH THE SAINT HONORE COMPANY
ARTICLE 1 – THE SERVICE PROVIDER: THE SAINT HONORE COMPANY
The service provider is the SAINT HONORE Company, a public limited company with capital of €5 million, the head office of which is at 239-241 rue Saint Honoré – 75001 PARIS, listed with the Paris TCR under the number B 384.545.513.
The SAINT HONORE company offers its customers the ability to reserve hotel rooms on its Internet site, at the following address: www.hotelcostes.com
The SAINT HONORE company can be reached at the following telephone number: 01.42.44.50.00, but also by e-mail, sent to the following address: email@example.com
Its intra-community VAT number is: FR 31 384 545 513
The host of the COSTES Hotel Internet site is: Spill.net, 129 rue de Turenne, 75003 Paris.
The Publication director is Mr. Jean Louis Costes.
The Editorial Manager is Mr. Jean Louis Costes.
The site is hosted by the Spill.net company.
ARTICLE 2 – GENERAL PROVISIONS RELATIVE TO THE PRESENT GENERAL TERMS OF SALE
The Internet site of the SAINT HONORE company is used to reserve rooms at the COSTES Hotel, located at 239-241 rue Saint Honoré – 75001 PARIS (France).
The present general terms of sale of the SAINT HONORE company define the rights and obligations of the parties with regard to renting rooms at the COSTES Hotel. They govern all necessary steps for the reservation and its follow-up, between the contracting parties.
Every online reservation presupposes the customer’s unconditional acceptance of the present general terms of sale. The customer confirms having reviewed and accepted the general terms of sale by ticking the box “By ticking this box, I confirm having reviewed the General Terms of Sale, and that I accept them”.
The general terms of sale of the SAINT HONORE company are available to customers on the vendor’s site, where they can be openly reviewed.
The order’s validation through his/her confirmation means that the buyer accepts the present general terms of sale of the SAINT HONORE company, the retention and reproduction of which are assured by the SAINT HONORE company in compliance with article 1369-4 of the Civil Code. No reservation is possible without this agreement.
The customer acknowledges having obtained, from the SAINT HONORE company, all necessary information on the site http://www.hotelcostes.com/.
The customer can save or print a copy of the present general terms by using the standard functionalities of his/her browser or computer.
The general terms of sale are only available in French and in English.
By using this site, the customer confirms that s/he is an adult with legal capacity, and guarantees the truthfulness and accuracy of the provided information. Any fraudulent or inappropriate usage by the customer in his/her name or on behalf of a third party can result in refusal of the customer’s access to the services of the COSTES Hotel, as well as possible financial liability.
The COSTES HOTEL reserves the right to modify its general terms of sale at any time.
In case of modification of the general terms of sale, the applicable general terms of sale are the ones that were in effect on the order date, a copy of which with the current date can be provided to the consumer when requested.
ARTICLE 3 – SCOPE
The present general terms of sale apply to all reservations made over the Internet.
The present general terms of sale apply for the entire time during which the SAINT HONORE company makes services available online on the site www.hotelcostes.com.
The SAINT HONORE company cannot be held liable for damages of any kind that could result from changes and/or temporary downtime or even the definitive closing of all or part of the site or of its associated services, such as the online reservation area.
ARTICLE 4 – RESERVATION
The customer selects one or more room(s) presented on the site.
The customer confirms having reviewed the nature, purpose and reservation provisions for the services available on the Internet site operated by the SAINT HONORE company, and having requested and obtained any necessary and/or additional information prior to making a reservation with full knowledge of the facts.
The rooms offered for reservation through the service provider’s Internet site have each been the subject of a description by category, that lists their primary characteristics within the meaning of article L. 111-1 of the Consumer Code.
The photographs illustrating the services do not constitute a contractual document.
The customer is solely responsible for choosing a room and for its adequacy with his/her needs, such that the SAINT HONORE company can in no way be held liable in this regard.
At the end of the reservation process, the customer is considered to have accepted the reservation.
A reservation can be made for the same day.
For each reservation, the customer is provided with a reservation number and a guest number, that can be used to cancel the reservation if necessary.
For each reservation, the customer is provided with a reservation number and a guest number, that can be used to cancel the reservation if necessary.
ARTICLE 5 – RESERVATION PROCESS
The customer makes reservations by means of the virtual reservation request that can be accessed online on the website www.hotelcostes.com.
Prior to any reservation, the customer undertakes to provide the information needed for the reservation request.
The reservation procedure notably includes the following steps:
1. Step 1: The customer clicks on the “Rooms and prices” link that provides access to the “rooms & suites”, “prices”, “services” and “booking” links; the prices indicated after clicking on the “rooms & suites”, “prices” or “booking” links correspond with the price for one night, including all taxes.
2. Step 2:
2.1 if the customer clicks on the “booking” link, a search is performed after the customer indicates the dates of the intended reservation and the number of people who will be staying at the hotel,
2.2 if the customer clicks on the “rooms & suites” link and then on the “book” link that appears after the description of a given room or suite, s/he will then be taken to an Internet page where s/he can indicate the dates of the intended room reservation and the number of people who will be staying at the hotel,
3. Step 3: After the customer’s request mentioned in step 2, the Internet site displays the rooms that are available on the customer’s requested dates; as such, if this Internet page is reached using step 2.2, it is possible that the available rooms may not correspond with the description of the room or suite for which the customer clicked on the “book” link;
4. Step 4: The customer clicks on the desired room, selected on the basis of the details given on the Internet site for each of the categories of rooms available on the customer’s requested dates,
5. Step 5: A summary listing all of the customer’s choices and the total price for the room(s) is displayed so that the reservation details can be checked.
6. Step 6: The customer must make sure that all displayed information is as s/he intended (date, time, room(s), price, identity, etc.);; the above information cannot be modified after the reservation is confirmed in step 11, but prior to step 11, the customer can modify the reservation at any time by going back to the previous pages,
7. Step 7: The customer must fill out a form that indicates at least his/her family name, first name, e-mail address, telephone number and estimated arrival time at the hotel,
8. Step 8: Review and acceptance of the general terms of sale;
9. Step 9: Bank details
10. Step 10: Reservation validation by the customer. The contract is now validly in effect.
11. Step 11: As soon as possible, by e-mail, the SAINT HONORE company provides the customer with an acknowledgment of receipt as confirmation of his/her reservation, that lists the main elements such as the identification of the ordered Service, the price and the quantity.
All indications contained in this reservation confirmation e-mail will be considered as comprising the agreement between the customer and the SAINT HONORE company, unless the customer disputes them by registered letter with acknowledgment of receipt within 8 days.
Should the customer not receive a reservation confirmation, s/he must contact the SAINT HONORE company under the conditions contained in article 10.
The customer provides banking details in order to guarantee the reservation.
ARTICLE 6 – WITHDRAWAL PERIOD
Article L 221-18 of the Consumer Code specifies that:
"The consumer is entitled to a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone marketing or off-premises, without the need to state the reason for his decision or to bear any costs other than those stipulated in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph begins on the date:
1° of the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2° of the receipt of the product by the consumer or a third party, other than the transporter, appointed by it, for contracts for the sale of products. For contracts concluded off-premises, the consumer may exercise his right to withdrawal beginning on the date of the conclusion of the contract.
In the case of an order for several products delivered separately, or in the case of an order for a product composed of batches or multiple parts, with a delivery staggered over a specific period, the period begins on the date of the receipt of the last product or batch or of the last part.
For contracts stipulating the regular delivery of products during a specific period, the period begins on the date of the receipt of the first product."
However, Article L. 221-28 of the Consumer Code states that:
"The right of withdrawal cannot be exercised for contracts:
1° for the supply of services fully executed prior to the end of the withdrawal period and the execution of which has begun after the consumer’s prior express approval and express waiver of his right of withdrawal;
2° for the supply of goods or services, the price of which depends on fluctuations on the financial market which escape the control of a professional and which are apt to occur during the withdrawal period;
3° for the supply of goods made according to the consumer’s specifications or which are clearly customized;
4° for the supply of goods apt to deteriorate or to be rapidly outdated;
5° for the supply of products which have been unsealed by the consumer following delivery and which cannot be returned for reasons of hygiene or sanitary protection;
6° for the supply of products which, after having been delivered, and due to their nature, are mixed inseparably with other articles;
7° for the supply of alcoholic beverages the delivery of which is postponed for over thirty days and the value of which as agreed upon at the time of the conclusion of the contract depends on market fluctuations which escape the control of a professional;
8° for maintenance or repair work to be performed urgently in the consumer’s home and explicitly requested by him, within the limit of the replacement parts and work which are strictly necessary for coping with the emergency situation;
9° for the supply of audio and video recordings or of computer software programs when they have been unsealed by the consumer after delivery;
10° for the supply of a newspaper, a periodical or a magazine, except for subscriptions to these publications;
11° concluded at the time of a public auction;
12° for the supply of accommodations, other than residential housing, services for the transportation of goods, car rentals, restaurants or leisurely activities which must be provided on a specific date or during a specific period.
13° for the supply of digital content not provided on a material back-up, the execution of which began after the consumer’s prior express approval and explicit waiver of his right of withdrawal."
Hence, as these general terms apply to the reservation of a hotel room on a specific date, the customer is not entitled to a withdrawal period.
ARTICLE 7 – CHARACTERISTICS AND CHECKING INTO THE ROOM(S)
7.1 Children and spare beds: All children are welcome. No spare bed is available. No spare bed / baby bed can be placed in the room.
7.2 Internet: Wireless access (Wi-Fi) is available within the hotel at no cost.
7.3 Meals: The price of the reserved room does not include additional services (breakfast, half-board, full board, etc.). Their cost must therefore be paid on-site, in addition to the room price. A traditional breakfast is available at a cost of €35 (tax incl.) per person.
7.4 Parking: Private parking is available on-site at a cost of €30 (tax incl.) per day.
7.5 Checking into the reserved room:
Rooms are only available as of 3 PM on the arrival date and must be vacated before noon on the departure date, irrespective of the arrival or departure time or the employed transportation means.
In the absence of contrary formal provisions, the customer must leave the room before noon on the last day of the reservation. If not, an additional night will be charged.
Individual rooms generally include a bed for one person.
Double rooms have either a double bed or two single beds.
ARTICLE 8 - RATES
The prices related to the reservation of services are indicated before and throughout the reservation.
The indicated prices are per room, for the number of persons and on the date(s) selected by the customer.
The prices are confirmed to the customer in euros with all taxes included (VAT and lodging costs included) but excluding any service fee, and are only valid for the duration indicated on the site.
All reservations, irrespective of their origin, are payable in the hotel’s local currency. Unless indicated otherwise, additional services (breakfast…) are not included in the room price.
In general, the prices do not include all expenses of a personal or incidental nature relating to the room, such as insurance, parking spaces, excess baggage fees, vaccination costs, dry cleaning, telephone, beverages, room service, gratuities and, more generally, any service not formally indicated in the reservation confirmation.
In its confirmation of the customer’s reservation, the SAINT HONORE company will indicate the total amount of the order.
ARTICLE 9 – PAYMENT PROVISION
The customer provides banking details in order to guarantee the reservation by means of a pre-payment, using either a bank or private credit card (Carte Bleue, Visa card, MasterCard, American Express, JCB), by directly entering the card number in the box provided for this purpose, without spaces between the numbers, as well as its validity date and the security code (CVV).
The payment for the reserved services will made on-site at the Hotel on the last day of the customer’s stay.
Should the customer fail to pay all of the sums owed to the SAINT HONORE company, at the latest on the last day of his/her stay, any unpaid sum will bear interest at the legal rate, without prior formal notice.
If the customer does not arrive at the hotel and has not cancelled the reservation, then the price of the first night will be owed to the hotel and charged to the bank card that was used when placing the order.
When the customer makes an online reservation, his/her account is not charged: only an imprint of the credit card will be recorded as a security measure.
ARTICLE 10 – CANCELLATION OR MODIFICATION BY THE CUSTOMER
The customer is reminded that, pursuant to article L. 221-28 of the Consumer Code, s/he is not entitled to a right of withdrawal as indicated in article L. 221-18 of the Consumer Code, given that lodging services are provided on a given date or according to a defined time period.
Accordingly, the Services ordered on the Site are subject only to the cancellation and modification conditions provided below.
Cancellation or modification at no cost is possible until 48 hours before the arrival date (i.e. at the latest until 3 PM, Paris time, on the day before the first day of the completed reservation). In this case, the SAINT HONORE company will not charge the amount of the first night’s stay.
In case of total or partial cancellation of the reservation or if the customer does not show up or in case of a late modification, within 48 hours of the arrival date, the customer’s account will be charged for the amount of the first night’s stay, using the bank card that guaranteed the reservation.
The reservation can be cancelled either by e-mail sent to the address firstname.lastname@example.org or by calling 01.42.44.50.00 (price of a local call for calls made within France).
ARTICLE 11 – CUSTOMER SERVICE AND COMPLAINTS
Any complaints related to the reservation can be submitted either by e-mail sent to the address email@example.com or by calling 01.42.44.50.00 (price of a local call for calls made within France).
ARTICLE 12 – PERSONAL DATA
The information provided by the customer on the Internet site is used by the SAINT HONORE company in order to process orders placed on the Internet site and, if relevant, to manage the operation of the Customer Area.
The customer has the right to access, modify, rectify or delete any data relating to him/her. To do so, s/he has only to contact firstname.lastname@example.org
Pursuant to the amended Data Protection Act of 6 January 1978, the information needed in order to process and carry out the reservation is indicated with an asterisk. Other optional information is requested in order to learn more about the customer and to improve the services offered to the latter.
The processing of the personal data, retained by the vendor solely for the purposes of the correct administration of orders and commercial relations, has been declared to the French Data Protection Authorities (CNIL).
ARTICLE 13 – INTELLECTUAL PROPERTY
The SAINT HONORE company owns all of the intellectual property rights related to the Internet site.
Access to the Internet site grants no right to any of the intellectual property rights relating to the Internet site, which remains the exclusive property of the SAINT HONORE company.
Elements accessible on the Internet site, notably in the form of text, photographs, images, icons, maps, sounds, videos, software programs and databases are also protected by intellectual and industrial property rights as well as other private rights held by the SAINT HONORE company.
It is expressly forbidden to reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever and by any means whatsoever, or to use in any way, all or part of the Internet site without the prior written authorisation of the SAINT HONORE company.
Usage of all or part of the Internet site without the prior authorisation of the SAINT HONORE company, for any purposes whatsoever, can result in legal proceedings, including an infringement action.
The insertion of hypertext links to any part of the site is prohibited without the prior written authorisation of the SAINT HONORE company.
ARTICLE 14 – LIABILITY
While every effort is made to ensure that the photographs, graphic presentations and texts reproduced in order to illustrate the presented hotels provide an overview of the proposed lodging services that is as accurate as possible, variations can occur notably as a result of changing furniture or possible renovations. No customer complaints will be admissible in this regard, provided that these variations do not alter the essential characteristics of the service.
The SAINT HONORE company accepts no liability for any non-performance or poor performance of the reservation in case of force majeure, due to the actions of third parties, of the customer or his/her partners, or in case of unavailability of the Internet network, inability to access the website, external intrusion or computer viruses.
The SAINT HONORE company accepts no liability for any indirect damages as a result of these presents, notably operating losses, as a result of actions by third parties, the customer or his/her partners.
ARTICLE 15 – USAGE OF THE SITE
The SAINT HONORE company does not guarantee that the site will be free from defects, errors or bugs, nor that they will be corrected, nor that the site will operate without interruption or breakdown, nor that it is compatible with any particular hardware or configuration.
The SAINT HONORE company accepts no liability for malfunctions attributable to third party software programs.
Under no circumstances can the SAINT HONORE company be held liable for any type of foreseeable or unforeseeable damage, whether material or immaterial (including lost profits or opportunity…) resulting from the usage of the site or from the total or partial inability to use the site.
ARTICLE 16 – AGREEMENT REGARDING PROOF
The input of the required bank information, as well as the acceptance of the present general terms and the reservation request, constitute an electronic signature that, between the parties, has the same value as a handwritten signature.
The computerized logs retained in the information systems of the SAINT HONORE company, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The customer is informed that his/her IP address is recorded during the reservation.
ARTICLE 17 – APPLICABLE LAW
The present general terms of sale are governed by French law.
This applies both to the rules regarding its form and its content.
ARTICLE 18 – FINAL PROVISIONS
The present general terms of sale and the reservation request identify all of the obligations of the parties. No general or specific condition indicated by the customer can be included in the present general terms.
The fact that the SAINT HONORE company does not claim, at any given moment, any one of the provisions of the present General Terms cannot be interpreted as any waiver of these provisions in the future by the SAINT HONORE company.
Should any one of the provisions of the General Terms be declared null and void or invalid, it will be considered as not having been written, without this affecting the validity of the other provisions, except if the provision declared null and void or invalid was essential and decisive.
General terms valid as of 1st July 2016.