Terms and conditions of sale

You will find all our general booking conditions below.

Capitalized terms used herein without prior definition shall have the meanings set forth 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.
• “Conditions of sale of the fare booked” refers to the specific conditions of each booking made by the Customer.
• “Booking Confirmation” means the document summarising the details of the booking made by the Customer, sent by the Website or the Hotel to the Customer.
• “Reservation request” refers to any request made by the Customer to reserve a hotel room.
• “Hotel” refers to the Les Jardins de Cassis hotel, operated by SAS Les Jardins de Cassis with capital of €10,000, whose registered office is at Rue Auguste Favier 13260 Cassis, registered with the Marseille Trade and Companies Register under number 529567 221.
• “Partners” refers to all service providers who have entered into a service provision contract or partnership agreement with the Hotel.
• “Service” refers to any hotel room reservation made by the Customer on the Hotel’s website.
• “Hotel Website” means the website dedicated to the Hotel and accessible at the following address www.hotel-lesjardinsde-cassis.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 (“the Provider” or “the Hotel”) to consumers and non-professional customers (“the Customers” or “the Customer”) on the Hotel’s website. The main features of the Services are presented on the Hotel’s website. The Customer is obliged to familiarise himself/herself with these before making a reservation. The Customer is solely responsible for choosing and purchasing a Service.

The Customer declares :

• Have full legal capacity to enter into commitments under these General Terms and Conditions of Sale.
• Booking hotel rooms and ancillary services for personal use.
• Be able to save and print these General Terms and Conditions of Sale. The hotel’s contact details are as follows:
  Hôtel Les Jardins de Cassis – Rue Auguste Favier – 13260 CASSIS

These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to other channels for marketing the Services.
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 that the Customer has read and accepted, in full and without reservation, the special conditions of the service provider, the conditions of sale of the rate reserved and these general conditions of sale. The Customer declares that he/she has obtained all the necessary information from the Hotel, which is available on the website.

These General Terms and Conditions of Sale may be accessed at any time 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 shall constitute proof of all transactions entered into with the Customer. Thus, the entry of bank details, the acceptance of the General Terms and Conditions of Sale, the Tariff Terms and Conditions of Sale or the Reservation Request have the same value between the Hotel and the Customer as a handwritten signature on paper. The computerised records kept in the Hotel’s computer systems shall be kept under reasonable security conditions and shall be considered as proof of communication, orders and payments made 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.
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 that he/she has the capacity required to enter into a contract and purchase the Services offered on the Hotel’s website.

As these General Terms and Conditions of Sale may be amended at a later date, 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 shall apply for as long as the services offered by the Hotel are available online on the Hotel’s website. The Hotel reserves the right to temporarily or permanently close access to its Web Site.

ARTICLE 2 – Reservations

The Customer selects the services he/she wishes to book on the website, as follows:
1. Selection of room type and rate
2. Selection of any additional services
3. Check and validate the details of the reservation, the total amount of the reservation and the price conditions.
4. Provide your contact details
5. Enter your credit card details in the event of a guarantee or prepayment.
6. Consultation and acceptance of the general terms and conditions of sale and the terms and conditions of the fare selected before validating the booking.
7. Confirm your booking

The Customer acknowledges that he/she is aware of the nature, purpose and reservation terms and conditions of the Services offered by the Hotel and that he/she has requested and obtained the information necessary to make his/her reservation with full knowledge of the facts. The Customer is solely responsible for his or her choice of services and their suitability for his or her needs, and the Hotel may not 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.

The contractual information is presented in French and is confirmed at the latest when the reservation is validated by the Customer.
It is therefore the Customer’s responsibility to check the accuracy of the booking and to report any errors immediately.
The sale of Services will only be considered definitive once the Service Provider has sent the Customer confirmation of acceptance of the booking 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 contract concluded remotely between the Customer and the Supplier.
The Hotel reserves the right to cancel or refuse any reservation made by a Customer with whom there is a dispute over payment of a previous reservation.
Each reservation is personal and may not be transferred to a third party under any circumstances.

Cancellation of a booking :

• If the Customer cancels the reservation after it has been accepted by the Hotel less than 48 hours before the planned date of stay, for any reason whatsoever, a sum corresponding to the total amount of the 1st night’s stay will be automatically acquired by the Provider and invoiced to the Customer, by way of damages, as compensation for the loss suffered.
• In the event that the Customer cancels the reservation after it has been accepted by the Hotel less than 24 hours before the planned date of stay, for any reason whatsoever, a sum corresponding to 100% of the total amount of the stay shall be automatically acquired by the Provider and invoiced to the Customer, by way of damages, as compensation for the loss suffered.
  The same shall apply in the event of the Customer’s failure to arrive on the scheduled arrival date.

Cancellation / Modification of a booking at the Non-Cancellable Non-Refundable rate :

In the event of cancellation or modification of the non-cancellable, non-refundable reservation by the Customer, for any reason whatsoever, a sum corresponding to 100% of the total amount will be automatically acquired by the Provider and invoiced to the Customer. The same shall apply if the Customer fails to arrive on the scheduled arrival date.

ARTICLE 3 – PRICES

The Services offered by the Provider are provided at the rates in force on the Hotel’s website at the time the reservation is made by the Provider. Prices are expressed in Euros, excluding VAT and including VAT.

The rates 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 reserves the right, outside this period of validity, to change prices at any time.

Rates are indicated before and at the time of booking by the Customer. They are per room for the number of people and the date selected.

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 rate applicable to VAT will automatically be reflected in the rates indicated on the date of invoicing. The same will apply to any change or introduction of new legal or regulatory taxes imposed by the competent authorities.

The Customer undertakes to pay these various taxes to the Hotel without any dispute.

The payment requested from the Customer corresponds to the total amount of the purchase.

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 sent to the Customer when the reserved Services are provided.

ARTICLE 4 – PAYMENT TERMS

In the event of cash payment on the day of booking:
The price is payable in cash, in full, on the day of confirmation of the booking by the Customer, in accordance with the terms specified in the “Bookings” article above, by secure payment:
– by credit card: Visa, Visa electron, Mastercard, Diner, Amex.

When making a reservation, the Customer shall provide his/her bank details, specifying the name of the bank card, the bank card number, the validity date (the bank card must be valid until the end date of the stay) and the cryptogram.
The Customer must present the bank card used to pay for the reservation at the Hotel. The Customer may be asked to show proof of identity as part of the procedures to prevent credit card fraud.
The Service Provider will not be obliged to provide the Services ordered by the Customer if the price has not first 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.
In the event of cash payment on provision of services:
The price is payable in cash, in full, on the day of provision of the Services booked under the conditions defined in the “Provision of Services” article below and as indicated on the invoice given to the Customer, by secure payment:
– by credit card: Visa, Visa electron, Mastercard, Diner, Amex.

On arrival, the Hotel will ask the Customer to pay a security deposit or authorise the debiting of his/her bank card, in order to guarantee payment of the sums corresponding to the services consumed on site.
The Customer will then provide his/her bank details, specifying the name of the bank card, the number of the bank card, the date of validity (the bank 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 the procedures to prevent credit card fraud.
The Service Provider will not be obliged to provide the Services ordered by the Customer if the price has not first 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 effectively collected by the Service Provider.

ARTICLE 5 – 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 out in these General Terms and Conditions of Sale, which the Customer has read and accepted when making a reservation on the Hotel’s website.
Upon arrival, the Customer will be asked to show his/her identification.
The Hotel is an entirely 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.
Animals are not allowed in the Hotel.
The Customer is entirely responsible for any personal belongings left in the Hotel room, particularly outside the safe or in the public areas of the Hotel. The Hotel may not be held liable for the loss, theft, deterioration or damage caused to said belongings.
The customer accepts and undertakes to use the room in a responsible manner. Any behaviour 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 room booked or that he/she may cause within the Hotel. Consequently, he/she undertakes to compensate the Hotel for the amount of the said damage, without prejudice to any damages and interest that may be due, procedural and legal costs incurred by the Hotel.
WIFI access (with or without a charge) enabling customers to connect to the Internet may be offered in accordance with the Hotel’s current policy. The Client undertakes to ensure that the computer resources made available by the Hotel are not used in any way for the purposes of reproducing, representing, making available or communicating to the public works or objects protected by copyright or by related rights, such as texts, images, photographs, musical works, audio-visual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorisation is required. If the customer does not 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 client is also required to comply with the security policy of the hotel’s internet service provider, including the rules for using the security measures implemented to prevent the illicit use of IT resources, and to refrain from any action that undermines the effectiveness of these measures.
Unless expressly agreed otherwise, the room will be made available to the Customer on the day of arrival at 3 pm and the Customer will leave the room on the day of departure at 11 am. Failing this, the Customer will be charged for an additional night’s stay. The Customer must check his/her departure date. In the event of early departure, a charge equivalent to one night’s accommodation will be made, unless the Customer has notified the Hotel at least 24 hours prior to departure.
The Supplier undertakes to use its best endeavours to provide the Services booked by the Customer, on a best endeavours basis.
The Customer shall have a period of 8 days from the date of departure from the Hotel in which to submit written reservations or complaints concerning the provision of the Services to the Hotel, together with all relevant supporting documents.
No complaint shall 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 shall be deemed to comply with the reservation, in terms of quantity and quality.
In the event of displacement:
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 an equivalent category, for services of the same nature and subject to the Customer’s prior agreement.

ARTICLE 6 – RIGHT OF WITHDRAWAL

In accordance with article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the 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 Service Provider guarantees the Customer, in accordance with legal provisions and without additional payment, against any lack of conformity or latent defect resulting from a failure to perform the Services reserved and actually paid for under the terms and conditions defined in these General Terms and Conditions of Sale.
The Services provided via the Hotel’s Internet site 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 choosing the Services requested, to check.

ARTICLE 8 – Data protection

Pursuant to Act 78-17 of 6 January 1978, the Customer is reminded that the personal data requested from him/her is necessary for the processing of his/her reservation and, in particular, for the preparation of invoices.
This data is processed and intended for the Hotel and may be communicated to any of its partners responsible for the execution, processing, management and payment of reservations and the Customer’s stay.
In addition, the Hotel may send its customers newsletters, promotional offers and satisfaction surveys by e-mail following their stay at the Hotel.

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 – Anticipation

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the French Civil Code for all Services provided by the Service Provider to the Customer. The Service Provider and the Customer therefore each waive their right to invoke the provisions of Article 1195 of the French Civil Code and the unforeseeable circumstances regime provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.

ARTICLE 11 – 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 force majeure, as defined in article 1218 of the French Civil Code.

ARTICLE 12: MISCELLANEOUS PROVISIONS

These General Terms and Conditions of Sale, the Reservation Request and the Customer’s Confirmation of Reservation constitute the entire agreement between the parties within the limits of its purpose. They therefore replace and cancel, within this limit, any previous verbal or written agreement.
No tolerance, whatever its nature, extent, duration or frequency, may be considered as creating any right whatsoever and may not lead to limiting in any way whatsoever the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction whatsoever.
Any clause of these General Terms and Conditions of Sale which may be declared null and void or illegal by a competent court will be rendered ineffective, but its nullity will not affect the other stipulations, nor will it affect the validity of the General Terms and Conditions of Sale as a whole or their legal effect.

ARTICLE 13 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These 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 14 – Disputes

Any disputes to which the purchase and sale transactions entered into pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences or consequences and which cannot be resolved between the Hotel and the Customer, shall be submitted to the competent courts under the conditions of ordinary 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 15 – Pre-contractual information – Customer acceptance

The Customer acknowledges that, prior to making a reservation and concluding the contract, he/she has been provided, 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 Services and ancillary costs ;
• in the absence of immediate performance 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 this is not apparent from the context,
• Information on legal and contractual warranties and how to make use of them;
• the functionalities of the digital content and, where appropriate, its interoperability ;
• the possibility of resorting to conventional mediation in the event of a dispute ;
• information on important contractual terms and conditions.
• the payment methods accepted.

The fact that an individual (or legal entity) makes a reservation on the Hotel’s Internet site implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Provider.