TERMS AND CONDITIONS OF SALE
The terms used herein have the meanings set out below:
"Customer" means a natural person of legal age, acting for his or her own personal needs and having full legal capacity to enter into commitments hereunder.
"Reserved fare sales conditions" means the special conditions of sale for each reservation made by the Customer. Conditions of sale of the reserved fare" refers to the specific conditions of each reservation made by the Customer.
" Booking Confirmation" refers to the document summarizing the details of the booking made by the Customer, sent by the website or the Hotel to the Customer.
" Reservation Request" refers to any hotel room reservation request made by the Customer.
" Hotel" refers to the Le Grand Barnum hotel, operated by the Salvation Army Foundation - Lyon Cité, whose head office is located at 131 avenue Thiers, 69006 LYON.
" Partners" refers to all service providers who have signed a service contract or partnership agreement with the Hotel.
" Service" refers to any hotel room reservation service provided by the Customer on the Hotel's website.
" Hotel website" refers to the website dedicated to the Hotel, accessible at the following address https://www.legrandbarnum.com.
ARTICLE 1 - SCOPE OF'APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of hotel room reservation services and related services ('the Services') offered by the Hotel to consumers and non-professional customers ('the Customer') on the Hotel's website.
The main characteristics of the Services are presented on the Hotel's website.
It is the Customer's responsibility to familiarize himself/herself with them before making a reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other Service marketing channels.
The Customer is hereby informed that the Hotel has entered into partnership agreements with third-party travel service providers in order to enable the Customer to search for, select and reserve rooms in the Hotel by using the services offered by these partners on their websites. Any reservation of hotel rooms made under these conditions implies the Customer's full and unreserved consultation and acceptance of the service provider's special terms and conditions, the terms and conditions of sale of the rate reserved and these general terms and conditions of sale. The Customer declares that he/she has obtained all necessary information from the Hotel, which is available on the website.
The present General Terms and Conditions of Sale are accessible at all times on the Hotel's website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the service provider's computer system constitutes proof of all transactions entered into with the Customer. Thus, the entry of bank details, acceptance of the General Terms and Conditions of Sale, the Tariff Terms and Conditions of Sale or the Reservation Request, has the same value between the Hotel and the Customer as a handwritten signature on paper. The computerized records stored in the Hotel's computer systems shall be kept under reasonable security conditions and shall be considered proof of communication, orders and payments between the Hotel and the Customer.
The Hotel shall keep the written record of the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and object to all personal data at any time, by writing to Hôtel Le Grand Barnum - 40 avenue de la table de pierre - 69340 LYON, France, with proof of identity.
The present General Terms and Conditions of Sale also include the Personal Data Charter.
Validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the Hotel's website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website at the date of the reservation.
These General Terms and Conditions of Sale are applicable while the services offered by the Hotel are online on the Hotel's website. The Hotel reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 - RESERVATIONS RESERVATIONS
The Customer selects the services he/she wishes to reserve on the website, as follows:
1. Selection of room type and rate
2. Selection of any additional services
3. Verification and validation of booking details, total booking amount, rate conditions, etc.
4. Provide contact details
5. Enter credit card details in case of guarantee or prepayment.
6. Consultation and acceptance of the general conditions of sale and the conditions of the selected fare before validating the booking.
7. Confirmation of booking
The Customer acknowledges that he/she has read and understood the nature, purpose and reservation terms of the Services offered by the Hotel, and that he/she has requested and obtained the information necessary to make a 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 Hotel cannot be held liable in this respect.
The Customer undertakes to complete the information requested on the reservation request and attests to the truthfulness and accuracy of the information provided.
Contractual information is presented in French and is confirmed at the latest when the reservation is validated by the Customer.
For bookings made exclusively via the Internet, a booking is registered on the Service Provider's website when the Customer accepts these General Terms and Conditions of Sale by ticking the appropriate box and validates the booking. The Customer has the opportunity to check the details of his reservation, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the French Civil Code). Confirmation implies acceptance of the present General Sales Conditions in their entirety, and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to check the accuracy of the reservation and to immediately report any errors.
The sale of Services will only be considered definitive once the Service Provider has sent the Customer confirmation of acceptance of the reservation by e-mail, and once the Customer has received payment in full.
Any reservation made on the Hotel's website constitutes the formation of a distance contract between the Customer and the Supplier.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute over payment of a previous reservation.
Each reservation is nominative and may under no circumstances be transferred to a third party.
ARTICLE 3 - CANCELLATION CONDITIONS
In the event of cancellation up to 48 hours before the date of arrival, no charge will be made.
For cancellations less than 48 hours prior to arrival, the cost of the first night will be charged.
In the event of late cancellation, no-show or shortened stay, the value of one night per room reserved will be charged by the hotel as compensation.
ARTICLE 4 - RATES
The Services offered by the Provider are provided at the rates in force on the Hotel's website at the time the reservation is recorded by the Provider. Prices are expressed in Euros, excluding VAT and including VAT.
Prices take into account any discounts granted by the Service Provider under the conditions specified on the Hotel's website.
These rates are firm and non-revisable during their period of validity, as indicated on the Hotel's website, the Provider reserving the right, outside this period of validity, to modify prices at any time.
Rates are indicated before and at the time of booking by the Customer.
Rates are confirmed to the Customer in the Hotel's commercial currency and include VAT (excluding tourist tax). They include VAT at the rate applicable on the day of booking; any change in the applicable VAT rate will automatically be reflected in the rates indicated on the billing date. The same applies to any change or introduction of new legal or regulatory taxes imposed by the competent authorities.
Rates are increased by tourist tax.
Unless otherwise stated on the Site, ancillary services (breakfast, etc...) are not included in the price.
An invoice is drawn up by the Service Provider and given to the Customer when the reserved Services are provided.
ARTICLE 5 - TERMS OF PAYMENT
The price must be paid in full by the Customer no later than the day of departure. Cash, cheques and credit cards - Visa, MasterCard, American Express - are accepted.
At the time of booking, the customer must provide his bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end date of the stay) and the cryptogram.
The Customer may be asked to show proof of identity as part of procedures to prevent credit card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has been paid in full in accordance with the above conditions.
Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.
ARTICLE 6 - PROVISION OF SERVICES
The Services reserved by the Customer, which include the reservation of hotel rooms and ancillary services, will be provided in accordance with the following terms and conditions, under the conditions set forth in these General Terms and Conditions of Sale, supplemented by the Tariff Terms and Conditions of Sale, which the Customer has read and accepted when making a reservation on the Hotel's website.
The Hotel is a non-smoking area. The customer will be held responsible for any direct and/or indirect, consequential damage resulting from smoking in the Hotel. They will therefore be liable for the full cost of cleaning and restoring the damaged item or area to its original state.
Pets, provided they are kept on a leash or in a cage in the common areas of the establishment, may be accepted in accordance with the hotel's current policy, subject to payment of a supplement. For reasons of hygiene, pets are not allowed in the dining rooms.
Any personal belongings left in the customer's room or in the public areas of the hotel are the customer's sole responsibility. The Hotel cannot be held responsible for the loss, theft, deterioration or damage caused to said belongings.
The customer accepts and undertakes to use the room with due care. Any behavior contrary to good morals and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation or refund if payment has already been made. If no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
The customer will be held responsible for all direct and/or indirect, consequential damage caused by him/her in the reserved room or within the hotel. Consequently, he/she undertakes to compensate the Hotel for the amount of said damage, without prejudice to any damages and interest that may be due, as well as legal and court costs incurred by the Hotel.
WIFI access enabling customers to connect to the Internet is provided in accordance with the Hotel's current policy. The customer undertakes to ensure that the computer resources made available by the Hotel will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorization is required. Should the customer fail to comply with the aforementioned obligations, he or she runs the risk of being accused of counterfeiting (article L.335-3 of the French Intellectual Property Code), punishable by a fine of 300,000 euros and three years' imprisonment. The customer is also required to comply with the security policy of the hotel's Internet service provider, including the rules governing the use of security measures implemented to prevent the unlawful use of IT resources, and to refrain from any action that may undermine the effectiveness of these measures.
Unless expressly agreed otherwise, the room will be made available to the Customer on the day of arrival at 2 pm and the Customer will leave the room on the day of departure at 12 pm. Failing this, an additional night will be charged to the Customer. Customers must check their departure date. In the event of early departure, a fee equivalent to one night's accommodation will be charged, unless the Customer has notified the Hotel at least 24 hours prior to departure.
The Service Provider undertakes to use its best efforts to provide the Services booked by the Customer, on a best-efforts basis.
The Customer shall have a period of 8 days from the date of departure from the Hotel in which to express any reservations or complaints concerning the provision of the Services, in writing, to the Hotel, together with all supporting documents.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
In the absence of reservations or complaints expressly made within this time limit by the Customer upon receipt of the Services, the latter will be deemed to conform to the reservation, in terms of quantity and quality.
In the event of an exceptional event, force majeure or the impossibility of making the reserved room available to the Customer, the Hotel reserves the right to accommodate the Customer in whole or in part in a hotel of equivalent category, for services of the same nature and subject to the prior agreement of the Customer.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In accordance with article L 221-28 of the French Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the French Consumer Code, given the nature of the services provided.
The contract is therefore definitively concluded as soon as the reservation is made by the Customer in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 - LIABILITY OF THE SERVICE PROVIDER - GUARANTEE
The Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a failure to perform the Services reserved and actually paid for under the conditions and according to the terms defined in these General Terms and Conditions of Sale.
The Services provided via the Hotel's website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.
ARTICLE 8 - INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
In application of the French Data Protection Act 78-17 of January 6, 1978, we remind you that the personal data requested from the Customer is necessary for the processing of his/her reservation and, in particular, for the preparation of invoices.
This data is processed and intended for use by the Hotel, and may be communicated to any partners entrusted with the execution, processing, management and payment of reservations and the Customer's stay.
The Hotel may also send its customers newsletters, promotional offers and satisfaction surveys by e-mail.
In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
This right may be exercised under the terms and conditions defined on the Hotel's website.
The applicable personal data protection policy is that of the Salvation Army Foundation, to which the Hotel belongs, and can be consulted on the Salvation Army website.
ARTICLE 9 - INTELLECTUAL PROPERTY
The content of the Hotel's website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 - FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of article 1218 of the French Civil Code.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
The present General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law.
The present General Terms and Conditions of Sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
Any and all disputes arising out of or in connection with the purchase and sale transactions entered into pursuant to these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between the Hotel and the Customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 14 - INFORMATION PRECONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been provided, prior to the booking and conclusion of the contract, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information:
● the essential characteristics of the Services, taking into account the communication medium used and the Service concerned ;
● the price of the Services and related charges;
● in the absence of immediate execution of the contract, the date or deadline by which the Service Provider undertakes to provide the reserved Services;
● information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
● information relating to legal and contractual warranties and how they apply;
● the functionalities of the digital content and, where applicable, its interoperability;
● the possibility of resorting to conventional mediation in the event of a dispute;
● information on important contractual conditions.
● the means of payment accepted.
The fact that a natural person (or legal entity) makes a reservation on the Hotel's website implies full and complete acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.