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Hôtel le Clément

General Booking Terms and Conditions

6 rue Clément – 75006 Paris
RCS 529 112 799 00018

PRELIMINARY ARTICLE – DEFINITIONS

In the following, the terms below shall have the following meanings:
“Client”: any adult natural person having full legal capacity at the time of subscribing to the reservation contract, or any legal entity duly represented by a natural person having the authority and legal capacity to represent it.
“Establishment”: Hôtel Clément for which a Client may make a Reservation.
“Service”: the accommodation services offered and provided by the Establishment, as well as all ancillary services also offered by the Establishment (catering, extras, etc.).
“Reservation”: any reservation of a Service at Hôtel Clément, whether made online, by telephone, or by email.
“Website”: electronic service operated by Hôtel Clément on the internet and accessible at the address (https://www.hotel-clement.com/) from a desktop or mobile device.

ARTICLE 1 – SCOPE OF APPLICATION

1.1 Scope
The General Terms and Conditions apply, without restriction or reservation, to all Reservations made with the Establishment operating under the Hôtel Clément brand.
However, specific special conditions may apply in the context of group Reservations or special events.

1.2 Duration
The General Terms and Conditions apply throughout the entire period during which temporary accommodation services and other complementary services offered by the Establishment are marketed.
Hôtel Clément reserves the right, without prior notice or compensation, to temporarily or permanently close, in whole or in part, the Establishment, the Website, the online booking area, or any other Reservation process.
Hôtel Clément shall not be held liable for damages of any kind resulting from the temporary unavailability of all or part of the Website or reservation procedures.
Hôtel Clément reserves the right to adapt or modify the General Terms and Conditions at any time. In the event of modification, the General Terms and Conditions in force at the time of the Reservation shall apply.

1.3 Legal Framework
The General Terms and Conditions are governed by the provisions of Articles L. 221-1 et seq. of the French Consumer Code. Any Reservation is subject to the General Terms and Conditions as well as the specific conditions applicable to each of the Services offered by Hôtel Clément.

1.4 Purpose
The General Terms and Conditions define the rights and obligations of the parties in the context of Reservations for Services offered by Hôtel Clément and govern all steps necessary for the creation and monitoring of the Reservation, its maintenance and validity, and the payment of the corresponding price.

ARTICLE 2 – CLIENT CAPACITY AND ACCEPTANCE

Any Client acknowledges having the legal capacity to enter into a contract under the conditions described in the General Terms and Conditions, namely being of legal age and not being under guardianship or trusteeship. For this purpose, Hôtel Clément reserves the right to request from the Client, upon arrival at the Establishment, supporting identification documents indicating in particular their date of birth.

Any minor must be accompanied by a person who can prove parental authority over the minor. Foreign Clients are required to complete an individual police registration form in countries where such regulations apply, in accordance in France with the provisions of Article R.611-42 of the Code on the Entry and Residence of Foreigners.

The Client acknowledges that the General Terms and Conditions form an integral part of the Reservation contract entered into with Hôtel Clément and confirms having read them prior to validating the Reservation and having freely accepted all of their terms. The Client therefore accepts that the General Terms and Conditions, or any other contractual document informing them of the characteristics of the Services and associated specific rates, may be presented online on the Website for the purpose of concluding the Reservation contract. The Client therefore declares having obtained from Hôtel Clément all necessary information prior to making the Reservation.

Any validation of a Reservation by the Client requires prior acceptance of the General Terms and Conditions in their entirety. The Client has the option to save and print the General Terms and Conditions from the Website using the standard features of their browser and/or computer.

The Client expressly accepts that the entry of the banking information required during the Reservation process, the acceptance of the General Terms and Conditions, and the validation of the Reservation request (in particular by the Client clicking the “validate” button) constitute an electronic signature within the meaning of Article 1367 of the French Civil Code, which has the same legal value between the parties as a handwritten signature.

ARTICLE 3 – RESERVATION

The Website offers the Client the possibility to reserve a room at the Establishment, according to transparent contractual rates with or without options or extras freely selected by the Client. The Client acknowledges having reviewed the characteristics of the Establishment and the Reservation procedures for the Services available on the Website, and having requested and obtained all necessary and/or additional information in order to make the Reservation with full knowledge of the facts. The Client is solely responsible for the choice of Services and their suitability for their needs, such that the Establishment cannot be held liable in this respect under any circumstances.

3.1 Online Reservation Process
Reservations made by the Client may be completed through an online booking tool accessible on the Website. The Reservation shall be deemed accepted by the Client at the end of the Reservation process by clicking on the “Validate” field. The Reservation shall be deemed concluded upon the sending of the Reservation confirmation by Hôtel Clément. The Client undertakes, prior to any Reservation, to complete the requested information. The Client certifies the truthfulness and accuracy of the information provided.

  • The secure Reservation procedure notably includes the following steps — it being specified that the Client may at any time abandon the Reservation before final validation, or return to the previous step in the Reservation process by clicking on the previous step in order to modify the entered information —:
  • selection of the stay start date (check-in date) and the stay end date (check-out date) on the calendar;
  • selection of the number of rooms;
  • selection of the number of adults for the room;
  • selection of the number of children for the room;
  • selection of the room type followed by selection of the rate;
  • selection of extras (optional);
  • display of the Reservation summary and the completed information;
  • after clicking on the “Book” button, the Client must provide the information required to finalize the Reservation: their identity, contact details, payment method, and bank card details used for online payment and as a bank guarantee for the Reservation. The Client must also accept the General Terms and Conditions, as well as the Personal Data Protection Policy.

Hôtel Clément acknowledges receipt of the Client’s Reservation by sending an email to the email address previously provided by the Client. In the case of an online Reservation, the acknowledgment of receipt sent by email summarizes the essential characteristics of the Reservation: the Services booked, the rates, the main applicable booking conditions as previously accepted by the Client, the stay dates, information relating to customer service, as well as the address of the Establishment.

3.2 Reservation by Telephone or Email
When a Reservation request is made by telephone or email, the Establishment provides — by telephone or by email sent to the telephone number or email address used for the Reservation request — the rates available in real time and the related additional Services according to the Client’s request for the selected dates.

The General Terms and Conditions and the summary of the Client’s Reservation request are also sent to the Client by email, together with, where applicable, a request for bank details for the purpose of recording the Reservation (possible prepayment or payment of a deposit depending on the selected rate, and for the purpose of providing a bank guarantee).

Only the written confirmation of the Reservation registration sent by email shall constitute conclusion of the Reservation contract.

3.3 Right of Withdrawal – Cancellation
No right of withdrawal.
The Client is reminded, in accordance with Article L.221-28 12° of the French Consumer Code, that they do not benefit from the right of withdrawal provided for under Article L.221-18 of the French Consumer Code, insofar as the Services are provided on a specific date or according to a specified frequency.

Cancellation conditions.
The Client may cancel their Reservation by clicking on the link at the end of the confirmation email and following the instructions. If the Reservation includes booking fees, such fees are non-refundable. It is recommended to cancel as soon as possible once the reason for cancellation arises.

Cancellation fees.
If the Reservation is cancelled more than 3 days before arrival, no fees shall apply. If the Reservation is cancelled within 3 days before arrival, the first night excluding extras shall be charged and is non-refundable. If the Reservation is cancelled on the day of arrival or in the event of a no-show, the first night excluding extras shall be charged and is non-refundable. In the event of cancellation, if the Client has already paid all or part of the Reservation online, the amount shall be refunded after deduction of the cancellation fees (except for non-cancellable and non-refundable offers).

ARTICLE 4 - CHECK IN / CHECK OUT

Your room will be available at reception from 2:00 PM.
On the day of your departure, you must vacate your room/apartment no later than 11:00 AM. Failure to comply with this check-out time may result in the charging of an additional night. It is recommended to use the “Comments or additional information” section of the Reservation form to inform the Establishment of your estimated arrival time, particularly in the case of a late arrival.

ARTICLE 5 - RATES – PAYMENT

5.1 Rates
The rates relating to the Reservation of the Services are indicated before and during the Reservation process. The rates are valid in real time regardless of the Reservation method selected by the Client: the rates are valid at the time the Reservation request is made by the Client. The displayed rates are valid only for the period indicated on the Website.
The indicated rates are per room, for the number of person(s) and dates selected by the Client, and — unless a specific extra option has been subscribed for this purpose — the rates include check-in by the Client at 2:00 PM and check-out at 11:00 AM.

5.2. Taxes
The rates are displayed inclusive of VAT. Tourist tax, governmental taxes, or local taxes may be charged in addition.

5.3 Payment
To validate the Reservation, the Client must provide their bank details as a guarantee for the Reservation. Your debit/credit card will be used to guarantee your Reservation. The Client must provide the details of their credit card (Visa, Mastercard International, Eurocard/Mastercard, American Express) by directly entering in the designated area the card number, without spaces between the digits, as well as its expiry date and security code via the payment platform dedicated for this purpose. The same applies to the communication of bank details required for Reservations made by email under the conditions indicated below, which involve either payment at the time of Reservation or the requirement of a security deposit by bank card depending on the Reservation rate.

The service provider selected by Hôtel Clément to secure bank payments and the transmission of banking data carries out a verification of the validity of the Client’s payment card. The payment card may be declined for several reasons: stolen card, blocked card, limit reached, input error, etc. In the event of any difficulty or impediment, the Client must contact their bank to identify the cause and proceed with the Reservation. In all cases, an invoice is issued in duplicate by Hôtel Clément, one copy of which is given to the Client upon departure (check-out) from the Establishment at the end of the stay.

In any event, any Extra or other Service reserved and provided by the Establishment during the Client’s stay, unless paid in advance, must be paid by the Client no later than at check-out. It is specified that payment by cheque is not accepted, whether for temporary accommodation Services, catering Services, extras, and/or any other Services or product sales provided by the Establishment to the Client during their stay.

ARTICLE 6 – RECLAMATIONS

For any complaint relating to a Reservation, the Client must send a letter or email to the Establishment: (mailto:info@hotel-clement.com) In the event of a technical issue and/or overbooking preventing the Establishment from honoring the Reservation made by the Client, Hôtel Clément undertakes to inform the Client as soon as possible and to immediately refund the price of the Reservation. The Client shall not be entitled to any additional compensation, penalty, or damages from Hôtel Clément.

The Client is informed of the possibility of using, in the event of a dispute relating to the General Terms and Conditions, a conventional mediation procedure or any other alternative dispute resolution method, under the conditions provided for in Title I of Book VI of the French Consumer Code. After having contacted the Establishment in an attempt to resolve the dispute amicably, and failing a satisfactory response or in the absence of a response within sixty (60) days from the referral, the Client may then refer the matter, free of charge, to the Mediator (contact details below) within a maximum period of one (1) year following the first complaint made to the Establishment:
Association of European Mediators
To be contacted via the referral form available on the website (https://www.mediationconso-ame.com) or by post at the following address: AME Conso, 197 Boulevard Saint-Germain - 75007 PARIS, together with the documents supporting the request and indicating your full contact details (name, address, telephone number, and email address where applicable). At the European level, the European Commission also provides an online dispute resolution platform: (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN)

ARTICLE 7 – LIABILITY – FORCE MAJEURE

7.1 Failure to Complete the Reservation In all cases, Hôtel Clément shall not be held liable in the event of failure to complete the Reservation and/or failure to register it, particularly due to the Client not correctly completing the Reservation in accordance with the conditions set out in the General Terms and Conditions and as displayed on the Client’s desktop or mobile device during the online Reservation process.

7.2 Limitations of the Internet Network
Furthermore, by making a Reservation on the Website, the Client acknowledges and accepts the characteristics and limitations of the Internet network, particularly with regard to technical performance, response times for consulting, querying, or transferring information, risks of interruption, risks related to connection, the lack of protection of certain data against possible misappropriation, and the risks of contamination by possible viruses circulating on the network.

Hôtel Clément shall also not be held liable for malfunctions affecting the Internet network and consequently the Website, or for any configuration issues or issues related to a specific device or browser. Hôtel Clément does not guarantee that the Website will operate without interruption or that it will be free from computer errors. Likewise, hyperlinks available on the Website may redirect to other websites, and Hôtel Clément disclaims all liability regarding the content of such websites and the services offered thereon. Consequently, Hôtel Clément shall under no circumstances be held directly or indirectly liable in the event of transmission problems or communication interruptions, connection difficulties or impossibilities, or failure of the Website server.

More specifically, Hôtel Clément shall not be held liable for any material or immaterial, direct or indirect damage caused to Clients, to their computer equipment and the data stored therein, and for any consequences that may result for their personal, professional, or commercial activities. Likewise, although the Establishment provides, particularly in the reserved rooms or apartments, an internet access service via Wifi, any total or partial failure of this service for any reason whatsoever during the stay shall not entitle the Client to cancel the Reservation or to claim any compensation whatsoever.

More specifically, Hôtel Clément shall not be held liable for any material or immaterial, direct or indirect damage caused to Clients, to their computer equipment and the data stored therein, and for any consequences that may result for their personal, professional, or commercial activities. Likewise, although the Establishment provides, particularly in the reserved rooms or apartments, an internet access service via Wifi, any total or partial failure of this service for any reason whatsoever during the stay shall not entitle the Client to cancel the Reservation or to claim any compensation whatsoever.

7.3 Force Majeure
Hôtel Clément shall not be held liable for the total or partial non-performance of its obligations relating to the Reservation in the event of force majeure as defined by case law and Article 1218 of the French Civil Code, or more generally due to any act of a third party, act of the Client, or act of commercial partners, including but not limited to unavailability of the Internet network, inability to access the Website, external intrusion, computer viruses, or prepayment not authorized by the Client’s bank. The performance of Hôtel Clément’s obligations shall then be suspended in the event of an occurrence preventing their total or partial execution, and Hôtel Clément shall inform the Client as soon as possible.

7.4 Guarantee
Hôtel Clément makes every effort to ensure that the photographs, graphic representations, and texts used to present the Establishment provide as accurate a representation as possible of the accommodation, catering, and other complementary Services offered.

However, the photographs are non-contractual because, on the one hand, the different rooms, even when subject to the same rate, all have different dimensions, and on the other hand, variations may occur, particularly due to changes in furniture, new decoration, or possible renovations. Except in the case of a Reservation made with an express request for the allocation of a specific room and confirmed in writing as such by the Establishment, the Client may not make any claim in this respect, provided that such variations do not affect the essential characteristics of the Service.

7.5 Valuables
A safe is made available to guests in each room. Under no circumstances shall Hôtel Clément be held liable for theft or damage to valuables left by the Client in the rooms, including inside the safes. By express agreement between the parties, it shall notably constitute negligence on the part of the Client to leave, during their stay, the door of their room unlocked or unsecured, as well as the windows thereof open.

ARTICLE 8 – PERSONAL DATAS – RIGHT TO IMAGE

8.1 Personal Data
The information requested from the Client during the Reservation process, which is fully secured from beginning to end, is necessary for the processing of the Reservation and will be communicated to the online payment service provider. The Client is informed that the processing of this personal data is governed by the personal data protection policy available on the Website, which describes how Hôtel Clément, in its capacity as data controller, collects, uses, protects, and shares the personal data of its Clients and contacts, as well as the rights available to Clients regarding their personal data. This personal data protection policy forms an integral part of the General Terms and Conditions: the Client must accept it prior to validating the Reservation.

By proceeding with the Reservation, the Client consents to Hôtel Clément collecting personal data concerning them, notably for the purposes of (i) fulfilling its obligations towards the Client by integrating them into the client database, (ii) processing the Reservation, and (iii) informing the Client, by email, of special offers and any new similar services created by Hôtel Clément, from which the Client may unsubscribe at any time or refuse the communication of their personal data to third parties by activating the dedicated link included in the Reservation confirmation email sent to the Client. During the Reservation process, the Client is informed, on each personal data collection form, whether the requested responses are mandatory or optional, respectively by the presence or absence of an asterisk.

In particular, during online payment, the Client’s bank details must be transmitted by the payment service provider to the Establishment’s bank for the performance of the contract. The Client is informed that this data transfer may therefore be carried out in foreign countries that do not provide adequate personal data protection within the meaning of Law No. 78-17 of January 6, 1978 (Article 69). However, the Client consents to this transfer for the performance of the contract. The payment service provider has undertaken towards Hôtel Clément to take all necessary security measures and ensure confidentiality of the data in connection with such transfers.

8.2 Right to Image
No photographs may be taken without the prior acceptance by the Clients of the conditions governing the use of such photographs. The interior architecture and graphic creations displayed in the common areas and rooms of the Establishment are protected by copyright, with all rights fully reserved. Any audiovisual recording session, photography, reproduction, or representation of images including the premises and facilities of the Establishment other than for strictly private use is subject to the prior authorization of the Establishment, failing which it may constitute infringement punishable notably under the civil and criminal provisions of the French Intellectual Property Code.

ARTICLE 9 – MISCELLANEOUS

These General Terms and Conditions are supplemented by the Legal Notice/Terms of Use, the Personal Data Protection Policy, and the Cookies Notice. These General Terms and Conditions are governed by French law.

All the rights listed above may be exercised by contacting us using the contact details provided in the Legal Notice of the Website, and by attaching to your request a copy of an identity document bearing your signature.

It is recalled that if the requests of a data subject are manifestly unfounded or excessive, in particular because of their repetitive nature, we may either require the payment of reasonable fees taking into account the administrative costs incurred in providing the information, communicating the data, or taking the requested measures, or refuse to act upon such requests.

For any further general information regarding the protection of personal data, you may consult the CNIL website (http://www.cnil.fr).