Hotel Policy

ROSEWOOD COURCHEVEL LE JARDIN ALPIN

GENERAL TERMS AND CONDITIONS OF SALE AND ACCOMMODATION

 

PREAMBLE

These General Terms and Conditions of Sale and Accommodation (hereinafter the “GTC”) are issued by HOTEL DES DUCS DE SAVOIE, a French limited liability company (société par actions simplifiée) with a share capital of 700,000 Euros, registered at the Registry of Trade and Companies of Lyon under number 076120328, having its registered office at 50 rue de La République, 69002 Lyon, France (hereinafter the “Company”). The Company operates the ROSEWOOD COURCHEVEL LE JARDIN ALPIN hotel, located at Le Jardin Alpin, 73120 Courchevel, France (hereinafter the “Hotel” or the “Establishment”).

Intra-Community VAT number: FR07076120328.
Telephone: +33 (0)420231111.
Email: courchevel.reservations@rosewoodhotels.com.
Website: https://www.rosewoodhotels.com/en/courchevel.

These GTC govern the contractual relationship between the Company and the Guest in connection with the booking and provision of accommodation and related services by the Hotel.

ARTICLE 1 – DEFINITIONS

For the purposes of these GTC, the following terms shall have the meanings set out below:

• “Additional Services” means additional services offered by the Hotel or its partners, such as transfers, excursions, valet parking, childcare and services outside of the scope of definition of Services.
• “Advance Payment” means a partial payment of the price of the Services made by the Guest at the time of booking, the balance being payable at a later date (which constitutes an “acompte” within the meaning of the French Civil Code).
• “Cancellation” means a full cancellation of the booking, a partial cancellation of the booking (i.e. a reduction in the number of booked nights or rooms), a late arrival of the Guest beyond the first night booked, an early departure of the Guest before the scheduled check-out date, or a No-show. Unless the Specific Terms and Conditions provide otherwise, each of these events is subject to the cancellation fees set out in Article 5.
• “Company” means the company operating the Hotel, whose contact details are set out in the Preamble of these GTC.
• “Confirmation Email” means the summary email sent to the Guest by the Hotel upon confirmation of a booking, specifying the stay dates, room category, applicable rate, cancellation policy and the booking reference number, which constitutes the unique identifier assigned to the Guest’s booking.
• “Contract” means the contractual agreement comprising these GTC, the applicable Specific Terms and Conditions and the Confirmation Email.
• “Guest” means a person acting for purposes outside of their trade, business, craft or profession, making a booking with the Hotel, either directly or through a third party.
• “Hotel” or “Establishment” means the five-star hotel operated by the Company, as identified in the Preamble of these GTC.
• “No-show” means the Guest’s non-arrival at the Hotel by 8.00 p.m. on the scheduled arrival date, without prior notice of late arrival and without cancelling the reservation within the applicable cancellation period.
• “Parties” means the Hotel and the Guest collectively, and “Party” means either of them individually.
• “Services” means the accommodation, food and beverage, spa and concierge services offered by the Hotel.
• “Specific Terms and Conditions” means any specific terms and conditions applicable to a rate, promotional offer, season or event, and communicated to the Guest at the time of booking.
• “GTC” means these General Terms and Conditions of Sale and Accommodation.
• “Website” means the Hotel’s website designated in the Preamble.

ARTICLE 2 – SCOPE

2.1. These GTC apply to all Services and Additional Services provided by the Hotel, in particular to all room bookings, whether made directly by the Guest (by telephone, email, through the Website, or in person) or through a third party acting as an intermediary for the Guest (travel agent, tour operator, online booking platform, personal assistant or any other representative).

2.2. The Hotel reserves the right to modify these GTC at any time. The version applicable to a booking shall be the version in effect on the booking date. Any amendments to the GTC shall apply only to bookings made after the relevant amendments have entered into force.

2.3. By making a booking, the Guest confirms that they accept these GTC in their entirety and without reservation. The Guest acknowledges having read these GTC prior to making the booking and expressly agrees to be legally bound by their terms. Where a third party makes the booking on the Guest’s behalf, such third party undertakes to provide the Guest with these GTC, and the Guest undertakes to communicate their express acceptance thereof to both the third party and the Hotel. The Hotel may request evidence from the third party that these GTC have been duly provided and accepted by the Guest.

2.4. Pursuant to Article L.221-28 (12) of the French Consumer Code, the Guest is informed that they have no statutory right of withdrawal under Articles L.221-18 et seq. of the French Consumer Code, since the accommodation is to be provided on a specific date.

2.5. If these GTC conflict with the Specific Terms and Conditions, the Specific Terms and Conditions shall prevail.

2.6. The booking, as formalised in the Contract, is personal to the Guest. It may not be assigned, transferred or resold to a third party, whether free of charge or for a fee, without the Hotel’s prior written consent. Any unauthorised assignment, transfer or resale of the booking shall result in the automatic cancellation of the booking, without refund or compensation.

ARTICLE 3 – BOOKING

3.1. A booking may be made by any of the following means: (i) online via the Hotel’s Website; (ii) by telephone through the booking department on +33 (0)4 20 23 11 11; (iii) by email at courchevel.reservations@rosewoodhotels.com ; (iv) through a travel agent, tour operator or booking platform approved by the Hotel.

3.2. When making a booking, the Guest must provide the following information: the first name and surname of the occupant(s), full contact details (postal address, telephone number, email address), stay dates, number of occupants, any preferences, and a valid pre-authorisation for payment by credit card (card number, expiry date, security code).

3.3. The Confirmation Email sent by the Hotel to the Guest shall constitute confirmation of the booking and formalise the formation of the Contract between the Parties, subject to the condition that the Hotel receives the required Advance Payments or prepayments in accordance with Article 3.6 (iii) below.

3.4. The Guest shall verify the accuracy of the information contained in the Confirmation Email and notify the Hotel of any error within forty-eight (48) hours of receipt, to enable the Hotel to modify the booking at no additional cost. After that period, the booking may no longer be amended and is subject to the cancellation policy set out in Article 5, unless the Hotel expressly agrees otherwise.

3.5. The booking shall only be considered final once all the following cumulative conditions have been met: (i) acceptance of these GTC; (ii) provision of a valid payment pre-authorisation; (iii) receipt by the Hotel of the required Advance Payments or prepayments; and (iv) when the Hotel sends the Confirmation Email. The Hotel reserves the right to cancel any booking if the Advance Payments or prepayments required at the time of booking have not been paid or received.

3.6. Each Guest shall present a valid identity document (national identity card or passport) at check-in.

3.7. The Hotel may refuse a booking on legitimate grounds, including where (i) the Guest failed, during a previous stay, to comply with the rules of good conduct set out in Article 6.11 herein; (ii) payment pre-authorisation cannot be obtained; (iii) no room is available for the requested dates.

3.8. The Hotel may refuse or cancel immediately and without compensation any booking made by or on behalf of a person subject to economic or trade sanctions (including any sanctions imposed by the European Union, the United States Office of Foreign Assets Control (OFAC), or any other competent authority), or where the Hotel reasonably considers that the funds used for the booking derive, directly or indirectly, from unlawful or illicit activities. In such circumstances, the Hotel shall incur no liability whatsoever arising out of or in connection with such refusal or cancellation.

3.9. A booking of nine (9) rooms or more is considered a group booking and is subject to Specific Terms and Conditions agreed between the Guest and the Hotel.

ARTICLE 4 – RATES AND PAYMENT

4.1. Except as otherwise provided in this Article 4 or expressly agreed between the Parties, and subject to any Specific Terms and Conditions providing otherwise, the following payment terms shall apply:

(a)    For a booking made at least sixty (60) days before the arrival date, the Guest shall pay an Advance Payment amounting to fifty per cent (50%) of the price of the Services at the time of booking. Payment of the remaining fifty per cent (50%) of the price of the Services shall be made sixty (60) days before the arrival date, by bank transfer or through the payment link provided by the Hotel.

(b)    For a booking made less than sixty (60) days before the arrival date, the Guest shall pay the full price of the Services in advance at the time of booking.

For all bookings of the Signature Suite, Courchevel House, Saulire House and Jardin Alpin House, unless otherwise expressly agreed, the following payment terms apply:

(a)    For a booking made at least one hundred and twenty (120) days before the arrival date, the Guest shall pay an Advance Payment amounting to fifty per cent (50%) of the price of the Services at the time of booking. Payment of the remaining fifty per cent (50%) of the price of the Services shall be made sixty (120) days before the arrival date, by bank transfer or through the payment link provided by the Hotel.

(b)    For a booking made less than one hundred and twenty (120) days before the arrival date, the Guest shall pay the full price of the Services in advance at the time of booking.

As part of the reservation process, the Hotel’s preferred method of payment for deposits, prepayments and any other required payments is bank transfer. Secure payment links may also be provided by the Hotel’s Reservations Department for transactions up to €30,000, as this payment method is subject to a maximum transaction limit of €30,000.

4.2. The prices of the Services displayed on the Hotel’s Website are expressed in Euros, on a per-room, per-night basis and based on double occupancy. All prices include the applicable VAT rates. Services and Additional Services may be invoiced separately. Should the VAT rate change or a new tax or levy applicable to hotel services be introduced, the Hotel reserves the right to adjust its rates accordingly with immediate effect, including for confirmed bookings. Any such adjustment shall not constitute a modification of the Contract entitling the Guest to cancel the booking.

4.3. The tourist tax, which is charged per adult and per night, is not included in the displayed prices and shall be charged separately to the Guest during their stay.

4.4. For stays exceeding seven (7) consecutive nights, the Hotel reserves the right to issue an interim invoice every seven (7) days, payable immediately. Failure to pay an interim invoice entitles the Hotel to suspend the Services and, where applicable, interrupt the Guest’s stay without compensation.

4.5. Subject to prior notice to the Guest, the Hotel reserves the right to charge the payment card used for the booking, within ten (10) days following check-out for any Services or Additional Services provided during the stay that remain outstanding at the time of departure of the Guest, including but not limited to: minibar items, food and beverage consumption, room service, laundry service, spa, telephone charges, damage to Hotel’s property or facilities, and exceptional cleaning charges.

4.6. The Hotel accepts the following payment methods: international credit cards (Visa, Mastercard, American Express), bank transfers and cash, subject to the legal limit set out in Article D.112-3 of the French Monetary and Financial Code (currently set at one thousand (1,000€) Euros for French tax residents and ten thousand (10,000€) Euros for foreign tax residents).

4.7. A charge of three hundred (300€) Euros per night applies to each additional occupant above three years old beyond standard double occupancy in the relevant room categories. The conditions for accommodating children are set out in Article 6.6.

ARTICLE 5 – CANCELLATION POLICY

5.1. Cancellable, amendable or refundable rates

Except as otherwise provided in this Article 5 and subject to any Specific Terms and Conditions providing otherwise, the following Cancellation policy applies:

(a)    For any Cancellation made by the Guest at least sixty (60) days before the arrival date, the Hotel shall refund the Advance Payment, after deducting a Cancellation fee equal to ten per cent (10%) of the price of the Services.

(b)    For any Cancellation made by the Guest less than sixty (60) days before the arrival date, the Hotel shall retain the full price of the Services.

For all bookings of the Signature Suite, Courchevel House, Saulire House and Jardin Alpin House, the following cancellation policy applies:

(a)    For any Cancellation made by the Guest at least one hundred and twenty (120) days before the arrival date, the Hotel shall retain the Advance Payment paid by the Guest as a Cancellation fee.

(b)    For any Cancellation made by the Guest less than one hundred and twenty (120) days before the arrival date, the Hotel shall retain the full price of the Services.

This policy does not apply to group bookings referred to in Article 3.10, which shall be subject to Specific Terms and Conditions.

For a cancellation by the Hotel, the Guest shall be refunded all sums paid, plus ten per cent (10%) of the price of the Services as a lump-sum compensation.

5.2. Non-cancellable, non-amendable, non-refundable rates

Where a rate is expressly described as “non-cancellable”, “non-amendable” or “non-refundable”, the Guest may not cancel or modify the booking, regardless of the circumstances. The full amount of the stay (100%) shall be due to the Hotel upon confirmation of the booking and shall be charged to the Guest in the event of any Cancellation, subject to any contrary Specific Terms and Conditions.

5.3. No-show

In the event of a No-show, the Hotel shall retain all sums paid by way of prepayment, Advance Payment or payment of the price of the Services. Any outstanding balance still due by the Guest in respect of the booking shall be invoiced by the Hotel.

The booking shall be deemed automatically cancelled, and the rooms shall be released and offered for sale as from the day after the originally scheduled arrival date, without such re-sale entitling the Guest to any refund or compensation.

5.4. General provisions

The Hotel expressly recommends that the Guest subscribe to the cancellation insurance offered by the Hotel or obtain equivalent cancellation insurance from an insurer of their choice, including coverage for Cancellation, interruption of stay and repatriation assistance.

The Hotel shall not be liable for any delay, disruption or cancellation of transportation services (by air, rail, road or sea), regardless of the cause. The Guest remains subject to the Cancellation policy set out in these GTC.

The Hotel reserves the right, without notice and without further formality, to resell any room available as a result of cancellation or early departure.

ARTICLE 6 – ARRIVAL, DEPARTURE AND USE OF HOTEL FACILITIES

6.1. Check-in and check-out. The room is made available to the Guest from four (4.00) p.m. on the day of arrival (check-in). The Guest shall vacate the room by eleven (11.00) a.m. at the latest on the day of departure (check-out). Subject to availability, the Hotel shall use reasonable efforts to accommodate requests for early check-in of the Guest, but it shall be under no obligation to do so.

6.2. Late check-out. Any late check-out not authorised in advance by the Hotel shall give rise to the following charges: (i) where check-out occurs between eleven (11:00) a.m. and four (4:00) p.m., an additional charge equal to fifty per cent (50%) of the applicable room rate; and (ii) where check-out occurs after four (4:00) p.m., the full price of one additional night at the then-applicable room rate.

6.3. Failure to vacate the room. If the room is not vacated at the required time without the Hotel’s prior consent, the Hotel reserves the right to enter the room, prepare an inventory of and move the Guest’s personal effects, and charge any additional night at the applicable rate, together with any costs incurred in repairing the resulting loss or damage.

6.4. Smoke-free environment. The Hotel operates a strictly non-smoking policy throughout all indoor areas. This prohibition applies to cigarettes, cigars, pipes, electronic cigarettes, vaping devices and e-cigars, including in guest rooms, suites, corridors and indoor common areas.

In the event of a breach of the Hotel’s no-smoking policy, the Hotel reserves the right to charge the Guest a fixed compensation fee equal to the price of one night’s stay, without prejudice to the Hotel’s right to recover any additional compensation should the resulting loss or damage exceed that amount.

6.5. Pets. Pets weighing up to ten (10) kilograms are permitted in the Hotel’s guest rooms and suites. Such pets are also permitted in other areas of the Hotel, except in the spa and the restaurant facilities. The Hotel may refuse access to any pet that does not comply with these requirements.

6.6. Children. Children aged three (3) years and above shall be considered as adults for pricing purposes. A complimentary baby cot is provided free of charge for children under three (3) years of age.

6.7. Swimming pool and spa. Use of the pool and spa facilities is subject to the rules displayed on site. Children under sixteen (16) must be accompanied and supervised at all times by a responsible adult. The Hotel may not be held liable for an accident caused by failure to comply with those rules or by inadequate parental supervision.

6.8. Valet parking. Where offered, valet parking is provided to the Guest for convenience. The Hotel shall not be held liable in the event of: (i) any pre-existing damage to the vehicle not reported at the time the keys were handed over; (ii) any damage resulting from a hidden defect in the vehicle. The Guest shall report visible damage when handing over and collecting the vehicle.

6.9. Laundry service. The Hotel offers a laundry service, the rates for which are available in guest rooms and at the reception desk. The Hotel shall not be held liable for damage caused to exceptionally valuable garments or requiring special care where such care is not stated on the label.

6.10. Wi-Fi and digital services. Wi-Fi access is provided free of charge. The Hotel does not guarantee the continuity, quality or security of the internet connection and shall not be held liable for service interruptions, data loss or any damage arising from use of the network. The Guest shall be liable for their use of the internet connection, particularly in case of illegal downloading.

6.11. Rules of good conduct. The Guest shall conduct himself in a respectful manner towards the Hotel’s staff, other guests and the Hotel’s property. The Hotel reserves the right the right to require any Guest to leave the Hotel immediately, without refund or compensation, where the Guest’s conduct is deemed to be: (i) contrary to public order or public decency; (ii) disruptive to the quiet enjoyment of other guests; (iii) disrespectful, threatening or aggressive towards staff; or (iv) likely to damage the Hotel’s reputation or image.

6.12. No subletting. Pursuant to Article 2.6, the booking is strictly in the Guest’s name and non-transferable. Furthermore, the Guest is strictly prohibited from subletting or making available to third parties, whether free of charge or for a fee, the room, suite, Services or Additional Services covered by the Contract. Any breach shall result in the immediate termination of the Contract without refund.

6.13. Photography and filming. Photography or filming on Hotel premises for public, commercial or promotional or professional social media purposes are strictly prohibited without the Hotel’s prior written approval. The Hotel may request the immediate removal of content published in breach of this clause.

ARTICLE 7 –HOTEL’S LIABILITY AND LIMITATIONS

7.1. Obligation of means. The Hotel is bound by an obligation of means (“obligation de moyens” within the meaning of the French Civil code) in the performance of the Services and Additional Services. It undertakes to use all reasonable means to ensure that the Guest’s stay is consistent with the Establishment’s category and the quality standards of a five-star establishment, without guaranteeing any specific result.

7.2. Guests’ personal effects. The Hotel strongly recommends that the Guest deposit their valuables (jewellery, cash, documents, high-value electronic devices) in the safe at reception or use the individual safe in their room. The Guest undertakes to store valuables in the individual safe in their room and personal effects with a value exceeding […] and up to a limit of […] in the Hotel’s safe, access to which is available upon request at the reception. If the Guest fails to do so, the limitations of liability under applicable law shall apply in the event of theft, loss or damage to such personal effects.

7.3. Reporting of claims. Any theft, loss or damage suffered by the Guest shall be reported to the Hotel management no later than three (3) days following the Guest’s departure.

7.4. Relocation and alternative accommodation. The Hotel reserves the right, in the event of compelling circumstances (urgent works, force majeure, exceptional overbooking), to relocate the Guest and provide alternative accommodation in an establishment of at least equivalent category and standard of comfort, at the Hotel’s own expense. The Hotel shall cover the transfer costs and any difference in rate. The Guest shall not be entitled to any additional compensation solely because of the relocation, except in the event of wilful misconduct by the Hotel.

ARTICLE 8 – GUEST’S LIABILITY

8.1. Liability for damage. The Guest is personally, jointly and severally liable for any damage caused to the Hotel’s property, equipment, furnishings, facilities and premises, whether caused directly by the Guest, by persons accompanying them, by their visitors, by persons for whom they are legally responsible (minors, employees) or by their pets.

8.2. Indemnification. The Guest shall indemnify and hold the Hotel harmless against any loss or damage suffered arising out of or in connection with the Guest’s acts or omissions, including, without limitation, the cost of replacing or repairing damaged property, loss of revenue resulting from the room being rendered unavailable pending restoration, additional or exceptional cleaning costs, and all reasonable attorney’s fees and court costs incurred by the Hotel in the defence of its interests.

8.3. Charges for damage and deterioration. Any damage to or deterioration of the room, suite or common areas shall be charged to the Guest based on an estimate of the cost of restoration. If the room is rendered unavailable pending restoration, the Hotel shall charge the Guest the applicable nightly rate for each day the room is unavailable.

8.4. Irregular or fraudulent bookings. A booking made using inaccurate information, a fraudulent payment method, a stolen identity, or with the clear intention of harming the Hotel, may be cancelled immediately by the Hotel at the Guest’s expense. The Hotel reserves the right to bring any appropriate civil and/or criminal action.

8.5. Outside food and beverages. Food or beverages from outside the Hotel may not be brought on the Hotel premises without the prior express consent of Hotel management.

ARTICLE 9 – FORCE MAJEURE

9.1.  Definition

A force majeure event, within the meaning of Article 1218 of the French Civil Code, means any event beyond the control of the Party affected by it, which could not reasonably have been foreseen when the Contract was entered into, whose effects could not have been avoided by appropriate measures, and which prevents that Party from performing its obligations.

The following events are considered to constitute force majeure, without limitation: epidemics and pandemics (including their health and economic consequences), natural disasters (earthquakes, floods, storms, hurricanes, volcanic eruptions, large-scale fires), acts of terrorism, wars, armed conflicts, insurrections and riots, general strikes and social conflicts, government or administrative measures or decisions (lockdowns, curfews, travel restrictions, mandatory closures ordered by a public authority, bans on gatherings), widespread network failures (electricity, telecommunications, internet), unforeseeable supply shortages, computer viruses, or cyber-attacks.

9.2.  Consequences

The occurrence of a force majeure event shall suspend the Parties’ mutual obligations, without such suspension constituting a breach of contract. Each Party shall bear its own costs arising from the force majeure event.

Under no circumstances shall the Hotel be held liable, on any grounds whatsoever, as a result of a force majeure event.

If force majeure or other circumstances not attributable to the Hotel render the performance of the Contract impossible, the Hotel may, at its discretion, offer one of the following options: (i) postponement of the stay to alternative dates, subject to availability; (ii) a credit note equal to the amount of the cancelled stay, valid for twelve (12) months from issue and non-extendable; or (iii) a refund.

9.3.  Notice procedure

The Party invoking a force majeure event shall give written notice to the other Party (by registered post with acknowledgement of receipt or by email with acknowledgement of receipt) as soon as possible and no later than five (5) working days after the event occurs or the Party becomes aware of it. The notice must describe the event, its foreseeable effect on the performance of the Contract and, where possible, its expected duration.

9.4.  Duration and termination

If the force majeure event continues for a period exceeding thirty (30) calendar days, either Party may terminate the Contract by giving written notice to the other Party. Neither Party shall be liable to the other for any compensation or damages arising solely from such termination. In such circumstances, the Hotel shall refund the amounts paid by the Guest, less any costs already incurred and the value of any services already used by the Guest.

ARTICLE 10 – PERSONAL DATA

10.1. Data controller. The Company is the data controller and undertakes to process the Guest’s personal data in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Law No. 2018-493 of 20 June 2018, on the protection of personal data.

10.2. Categories of collected personal data. In connection with the booking and management of the Guest’s stay, the Hotel may collect the following data: identification details (surname, first name, date of birth, nationality, identity document number), contact details (postal address, telephone number, email address), payment details (card number, expiry date), details relating to the stay (dates, preferences, purchases and services used), and, where applicable, Wi-Fi network connection data.

10.3. Purposes of processing. Personal data are collected and processed for the following purposes: (i) managing bookings and performing the Contract; (ii) invoicing and payments; (iii) personalising the stay; (iv) managing the customer relationship and loyalty programme; (v) complying with legal obligations (individual police form, anti-money laundering); (vi) preventing and detecting fraud and ensuring transaction security; (vii) marketing (subject to the Guest’s consent).

10.4. Rights of the Guest. In accordance with the GDPR, the Guest has the following rights: the right of access, rectification, erasure, the right to restrict processing, the right to data portability, the right to object to processing, and the right to define post-mortem instructions. These rights may be exercised by email to privacy@rosewoodhotelgroup.com or by post. The Hotel shall respond within one (1) month. In the event of a disagreement, a complaint may be lodged with the French Data Protection Authority (CNIL; www.cnil.fr).

10.5. International transfers. Where data are transferred outside the European Union, the Hotel uses appropriate safeguards (standard contractual clauses, binding corporate rules).

10.6. Security. The Hotel maintains appropriate technical and organisational measures to protect personal data, in particular against unauthorised access.

10.7. Privacy Policy. Further information is available in the Hotel’s detailed Privacy Policy, which may be accessed on the Website (https://www.rosewoodhotels.com/en/privacy-policy) and is also available at the reception.

10.8. Telemarketing. In accordance with Article L. 223-1 of the French Consumer Code, the Guest is informed of their right to register with Bloctel, the French telephone marketing opt-out list (www.bloctel.gouv.fr). The Hotel undertakes to respect this registration.

ARTICLE 11 – INTELLECTUAL PROPERTY

11.1. The Hotel’s Website and all communications and promotional materials made available by the Hotel (texts, photographs, illustrations, videos, logos, trademarks, graphics, graphic guidelines, software, databases) are protected by the French Intellectual Property Code and applicable international conventions. They are and shall remain the exclusive property of the Company or its licensors.

11.2. No such material may be reproduced, displayed, modified, adapted, distributed or commercially exploited in whole or in part, without the Company’s prior written consent.

11.3. The works of art displayed in the Hotel, including paintings, sculptures, decorative objects and decorative features are protected by copyright (Articles L. 111-1 et seq. of the French Intellectual Property Code). They may not be reproduced, photographed or filmed for any purpose other than strictly private use, in accordance with Article L. 122-5 of the French Intellectual Property Code.

11.4. In the event of any breach of the foregoing provisions, the Guest agrees to compensate the Company in full for any resulting loss or damage, including any reasonable court costs and attorney fees. The Company may bring infringement proceedings under Articles L. 335-1 et seq. of the French Intellectual Property Code.

ARTICLE 12 – GOVERNING LAW AND DISPUTES

12.1. Governing law. These GTC and all contractual relationships between the Company and the Guest are governed by French law, without prejudice to any overriding mandatory provisions of consumer protection law that may apply in the country of the Guest’s habitual residence within the European Union.

12.2. Complaints. The Hotel shall endeavour to resolve amicably any dispute arising out of its contractual relationship with a consumer Guest. The Guest is requested to submit any complaint relating to the performance of the Services and Additional Services in writing to the Hotel’s customer service within eight (8) days after the end of the stay. The Hotel shall provide a substantiated  response within a reasonable time.

12.3. Mediation. In the event of a dispute that cannot be resolved amicably, the Guest, where acting as a consumer, may refer the matter free of charge to the following consumer mediation service: Médiation Tourisme & Voyage (MTV). The matter shall be referred to the mediator within twelve (12) months of the Guest’s written complaint to the Hotel. The matter may be referred to the consumer mediator:

• by completing the form provided for this purpose on the MTV website: https://mtv.travel/demande-saisine/; or
• by post to MTV MEDIATION TOURISME VOYAGE, PO Box 80 303 75 823, Paris Cedex 17.

The mediator shall issue their opinion within ninety (90) days.

12.4. Jurisdiction. In accordance with Article R. 631-3 of the French Consumer Code, the Guest may choose to bring proceedings before the court having jurisdiction over their place of residence when the Contract was entered into, or before the court having jurisdiction for the Company’s registered office.

ARTICLE 13 – MISCELLANEOUS

13.1. Entire agreement. These GTC, the Specific Terms and Conditions and the Confirmation Email constitute the entire agreement between the Parties relating to the booking and stay. They supersede any prior commitment, promise or agreement.

13.2. Severability. If a provision of these GTC is held invalid or unenforceable, the validity of the remaining provisions shall not be affected, and they shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the Parties’ original intention.

13.3. Non waiver. The Hotel’s failure to enforce any provision of these GTC shall not be construed as a waiver of its right to enforce that provision at a later date.

13.4. Agreement as to evidence. The Parties expressly agree that the Hotel’s electronic records, data recorded in its property management systems (PMS), electronic booking records, connection logs and emails exchanged constitute admissible evidence and shall have the same evidential value between the Parties as paper documents in accordance with the French Civil Code.

13.5. Assignment. The Hotel reserves the right to assign, transfer or delegate all or part of its rights and obligations under the Contract to any company within its group or to any assignee, without requiring the Guest’s prior consent.

13.6. Pre-contractual information. The Hotel certifies that the Guest, before the Contract was entered into, has been provided with the information required by Article L. 221-5 of the French Consumer Code, including the essential information relating to Services and Additional Services: characteristics, prices, date of performance, Hotel’s identity and contact details, warranties, absence of a 14-day withdrawal period pursuant to Article L. 221-28 of the French Consumer Code (also referred to in Article 2.4), complaint procedures and mediation conditions.

13.7. Language. If these GTC or the Contract are translated into one or more other languages, only the French-language version shall prevail for the interpretation and performance of the GTC or the Contract.