General terms and conditions of sale
Article 1: General provisions
1. The present general terms define the rights and obligations of the parties in connection with reservation in member hotels of the Astotel network. 2. They govern all stages required for reserving and tracking the reservation between the contracting parties. 3. The client acknowledges that it has examined and accepted the present general sales terms and the special terms of the reservation. 4. The present general terms also include the clients' personal data protection Charter. By accepting the present general terms the client expressly accepts the provisions of this Charter. 5. The client may reserve up to a maximum of (5) rooms per reservation. 6. Reservation requests for a number equal to or greater than six (6) rooms: • must be sent by email to the Central reservation of the Astotel network, at the following email address: reservation.centrale@astotel.com, or alternatively directly to member hotels of the Astotel network • whether they are made once or several times on behalf of the same client or the same group of travellers, specific sales terms apply. • The client shall receive these specific sales terms by return of email for each request made by it. • If this process is not followed, or if these specific sales terms are not accepted, these reservations may be cancelled without any reason being given. 7. The reservation is deemed to be accepted by the client after the reservation process, as described in article 3 hereof.
Article 2: Capacity
The client acknowledges that it has full capacity to contract, i.e. has legal majority, and is not subject to legal protection measures.
Article 3: Reservation Process
1. Reservations can be made by the client on the site www.astotel.com or any other partner site, or directly with the Astotel Central Reservation service at: reservation.centrale@astotel.com / +33(0) 1 42 66 15 15. 2. The process leading to reservation of one or more rooms includes the following steps: • entry by the client of its search criteria (establishment, length of stay, etc.) • selection by the client of the desired establishment and/or of the offered solution including, in addition to accommodation, additional hotel services • examination by the client of the special terms for the reservation made, as described in the reservation summary • registration by the client of its personal data, with prior authorisation for digital conservation of this data • registration by the client of the personal data relating to its payment means, in the event of prepayment, or to constitute a guarantee • viewing and acceptance by the client of the General Sales Terms and of the Special Terms of its reservation • Despatch, to the previously registered email address, of an email confirming the client service, including a summary of the reservation, and a link enabling the client to view the present General Sales Terms. 3. All reservations are deemed to be final on receipt by the client of the confirmation email. 4. Reservations made via a partner site are made using the methods specific to the said site, or to the corresponding mobile application. 5. The prices relating to the reservation of the services are given before and during the reservation. 6. The indicated prices are understood to be per room, for the number of person(s) and the selected date(s). 7. Prices are confirmed to the client as a tax-inclusive sum, in the hotel's commercial currency, and are valid only for the period indicated on the site. 8. All reservations, whatever their origin, are payable in the local currency of the hotel, subject to particular arrangements indicated in the location. 9. Conversion into the foreign currency is given for information only, not on a contractual basis. Only the currency concerned during your reservation is guaranteed (if this currency is different from the one used in the hotel any charge costs shall be payable by the client). 10. Unless otherwise mentioned, additional services (breakfast, half board, full board, etc.) are not included in the price. 11. The prices include the VAT applicable on the date of the order, and any change of the rate applicable to VAT shall automatically be applied to the prices given on the invoice date. 12. Any modification or establishment of new legal or statutory taxes imposed by the competent authorities shall automatically be applied to the prices given on the invoice date. 13. The prices may be subject to various taxes, depending on the cities/countries. The Client undertakes to pay the various taxes without any objection; 14. It is hereby recalled that under the terms of article L.223-2 of the consumer code, for all telephone data collected from the customer, the latter may by any means expressly request that Astotel Central Reservation register them on the non-canvassing list. Customers can also exercise this right on the www.bloctel.gouv.fr platform.
Article 4: Additional offers and services
1. The site www.astotel.com also distributes the reservation of offers made by the establishments in the network, representing packages including accommodation of the Client for a predetermined period, and additional services, such as buffet breakfast, unlimited consumption of the non-alcoholic drinks in the Minibar, free and unlimited access to Wi-Fi, or open bar without alcohol made available each afternoon. 2. The additional services can also include travel services, within the meaning of articles L.211-1 and following of the Tourism Code relating to package holidays and related travel services, which may form with the accommodation services either a "related travel service" or a "tourist package". With this regard, in application of articles L.211-8 to L.211-10 of the said code, the client shall receive the pre-contractual required information (main characteristics of the travel services, corporate name and address of the organiser or subcontractor, total price of the package including taxes and, if applicable, all costs, fees or other additional costs, payment methods, minimum number of persons required, cancellation methods and deadline, general information concerning applicable terms in respect of passports and visas), included in the special terms of the reservation and in the contract.
Article 5: Cancellation terms
1. The client should note, in respect of the accommodation services, pursuant to article L. 221-28 paragraph 12 of the Consumer Code, that it does not have the right of withdrawal stipulated in article L. 222-18 of the Consumer Code, which is excluded for contracts relating to accommodation services which must be provided on a date or for a determined period. 2. The special terms of the reservation stipulate how to cancel and/or modify the reservation. 3. Reservations with prepayment cannot be modified and/or cancelled. Sums paid in advance constitute a deposit (i.e. sums paid in advance) and consequently may not be reimbursed. In this case mention is made thereof in the special terms of the reservation 4. When permitted by the special terms of the reservation: the reservation can be cancelled or modified directly with the Astotel Central Rerservation service, the contact details of which are the following: : reservation.centrale@astotel.com / +33(0) 1 42 66 15 15. 5. If the stay is interrupted (i.e. in the event of an unexpected departure of the client), and in the case of a reservation made in the location, a client which has not informed the hotel 24 hours before its departure must also pay, in addition to the actual term of its stay, for the night on the day of its departure. In the case of reservation with prepayment no reimbursement shall be made for this reason. 6. Unless expressly provided otherwise, rooms are made available from 3:00 PM on the date of arrival, and the client must leave the room before 12:00 noon on the last day of the reservation. If it fails to do so it will be charged for an additional night.
Article 6: Payment methods
Payment for all services is made directly to the hotel (except in the case of reservations which are pre-payable when the reservation is made). Payment on the site is made by bank card, via a secure payment system. 1. The client gives its bank details as a guarantee for the reservation, subject to special terms or prices, by credit card or charge card (Visa, Mastercard, American Express, etc.) indicating directly, in the zone for this purpose, the card number, without spaces between the figures, and the date of validity and the visual cryptogram. The bank card's identification numbers and date of validity are communicated securely by a system of bank data encryption and protection of the SSL type (complying with the standards in force). Validity of the client's payment card is also examined by the various agents and partners, and the card can be refused for various reasons: stolen or blocked card, maximum limit reached, entry error, etc. In this case it shall be the client's responsibility to contact directly the Bank issuing the payment means in question, or the establishment, for transmission of another payment means, in order to confirm that its reservation is effective. 2. The available online payment means are expressly mentioned on the site, and the list is subject to change. 3. When the client has submitted the bank card which has led to payment or prepayment, the establishment may request that an identity document is presented for purposes of bank card fraud prevention. 4. The payment debit is made in the hotel during at the time of the stay, except in cases of special terms or prices, where the payment debit is made on reservation (online prepayment for certain prices). This prepayment is qualified as a deposit. 5. If the client has not prepaid its stay the reception of the establishment may ask it, on its arrival, for a deposit, or an authorisation to debit the bank card, in order to guarantee payment of the price of the services to be performed (accommodation services and additional services), and of which the client may avail itself during its stay. The above-mentioned authorisation must be completed and signed by the customer upon his arrival and concern his personal bank card, i.e. he must be the cardholder, and said card must be presented during check-in to secure the bank transaction. 6. The credit card used for a prepayment shall be requested by the establishment on the client's arrival. The contracting parties being the hotel establishment concerned by the booking, on the one hand, and the customer, on the other hand, it is presumed that the customer and beneficiary of the booking, whose identity has been verified by presentation of a valid form of identification, is the holder of the credit card used for the pre-payment. 7. In the case of a price subject to online prepayment, the sum paid in advance, which is the deposit, is debited when the reservation is made. 8. When the prepayment is made the sum which is debited on reservation includes: the price of the accommodation, the taxes relating to the accommodation, the price of catering if breakfast is chosen, the taxes relating to catering and all other additional services selected by the client (as mentioned in article 4 hereof). 9. In the event of a "no show" (reservation not cancelled, and client not present) for a reservation guaranteed by a bank card the hotel shall debit the client, in the form of a flat-rate compensation payment, for the sum of the first night for the bank card which has been given to guarantee reservation, and any additional nights of the reservation shall be cancelled without costs, unless otherwise stipulated. The sum of the flat-rate compensation payment is deemed to be accepted by the client on registration and confirmation of the reservation; such that the client shall irrevocably agree to payment of the compensation payment. 10. Payment for the full price of accommodation and ancillary services will automatically result in the establishment of a note/invoice, delivered personally to the Customer or to their personal email address, in accordance with article 1 of decree no. 25-361 of 8 June 1967, it being specified that the conditions for issuing notes/invoices given to Customers after payment are displayed within ASTOTEL establishments, in accordance with article L.112-1 of the consumer code.
Article 7: Payment by a third party
In the event that a third party wishes to prepay a booking on behalf of a customer, a credit card debit authorisation form will be sent to said third party, subject to the prior acceptance of the establishment concerned and the perfect solidarity between the delegating customer and delegated third party, for the full payment of the debt owed to the concerned establishment. Once informed of the characteristics of the debit authorisation request, the third party to be debited, in his capacity as delegate, shall return the acceptance form to the Astotel Central Rerservation service duly completed and accompanied by recto verso copies of a valid form of ID and his credit card, by email, fax or any other commonly used means, at least 21 days before the start date of the stay. If the acceptance form is not returned within the required time frame, the customer's stay can only be paid during check-in, in accordance with the terms and conditions set forth in the Article 6. Payment by a third party does not result in novation of the debtor, but rather allows the hotel to benefit from a second creditor in the person of the third-party delegate. Under this signed agreement, the third-party payer is liable vis-à-vis the hotel, as joint and several debtor, for all obligations arising from the accommodation contract normally incumbent upon the customer and any associated occupant, including payment of incidental services and any damage caused. Depending on the time between booking and the start of the stay, and subject to the hotel's acceptance, a payment by bank transfer may also be proposed to the third party wishing to pay for the customer's stay, it being necessary for said transfer to take place at least 7 days before the start of the stay. The third-party payer will be invited to contact the Astotel Central Rerservation service before booking for information regarding the possible payment terms and conditions. Once payment has been made, bank details will not be stored or reused without the consent of the customer or third-party payer. Bank details will only be stored: in an active database for the processing of data related to the transaction, then in an intermediate active database in the event of a dispute regarding payment for a period of 13 months, in accordance with Article L. 133-24 of the French Monetary and Financial Code. The above-mentioned data will, in any case be stored in accordance with the provisions of Article 5 of the General Data Protection Regulation (Regulation - EU - 2016/679 of the European Parliament and Council of 27 April 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and revoking directive 95/46/EC).
Article 8: Guest relocation; Force majeure and accidental case
1. In the event of force majeure (within the meaning of article 1218 of the Civil Code), accidental case, government action, exceptional events or technical problems arising in the hotel, making the client's stay impossible, and obliging the hotel operator to suspend temporarily or permanently performance of the accommodation and/or additional services, the hotel shall strive to the best of its ability to find alternative accommodation, if possible in a hotel of the same category or of a higher category. The relocation costs (price supplement) shall be borne by the hotel. 2. In any event, the client may not claim a failure to meet obligations resulting from an event of force majeure, accidental case, government action, exceptional events or technical problems arising in the hotel. Cases of force majeure or accidental cases shall also include those habitually recognised by legislation and case law. 3. If the case of force majeure, accidental case, government action or exceptional event internal or external to the establishment lasts for more than thirty (30) days from its occurrence, the present General Sales Terms and Special Terms of the reservation shall be cancelled as of right without compensation.
Article 9: Stay in the hotel; Client's undertakings and liability
1. The client is solely liable for the choice of services and the choice of the establishment which it has reserved via the site www.astotel.com , or on the partner sites and/or directly on the site of the establishment, and for their suitability for its requirements 2. The client is also solely liable for the information communicated in connection with the reservations made, such that it must bear full liability for any communication of erroneous or fraudulent information. 3. The client undertakes to comply with French legislation and regulations, and also the clauses stipulated in the present General Sales Terms. In the event of a breach by the client it shall be held liable for all damage caused by it to member establishments of the network and/or to all third parties. 4. The client undertakes by making a definitive reservation to pay the full price of it (including taxes). 5. All reservations or payments which are irregular, inoperative, incomplete or fraudulent for a reason attributable to the client shall lead to cancellation of the reservation at the client's expense, without prejudice for any compensatory action against it. 6. In application of French legislation and regulations the client shall be asked on arrival in the hotel to show an identity document to verify its origin. If it is of foreign origin it must then complete a police form in all cases. 7. The client accepts and undertakes to use the room with due care and attention. Thus, any actions contrary to decency and morality and to public order shall lead the hotel manager to ask the client to leave the establishment without any compensation and/or without any reimbursement if a payment has already been made. 8. The client also undertakes that the IT resources made available by the establishment (in particular the computer equipment and the Wi-Fi network) shall not in any way be used for purposes of reproduction, representation, provision or communication to the public of works or of objects protected by copyright or by a similar right, such as texts, images, photographs, musical works, audiovisual works, applications and video games, without the authorisation of the holders of the rights stipulated in books I and II of the Intellectual Property Code, when this authorisation is required. The client undertakes not to view any illegal content. The client must also comply with the security policy of the establishment's Internet access provider, including the rules for use of the security means implemented with the aim of preventing illegal use of the IT resources, and must not perform any action undermining the effectiveness of these means. 9. The client shall be held liable for all damage, degradation or acts of vandalism which may occur as a consequence of occupation of the premises, committed by itself or by occupants or personnel for which it is responsible, whether to property, constructions and facilities contained in the rooms and the common parts, or to the Internet network made available to it, such as loss of data, viruses or service outage. It shall also be liable for any bodily injury, personal injury, aggression or sexual abuse committed against an employee of the hotel or another client. 10. All Astotel hotel rooms are non-smoking areas. Smoking in rooms will activate the fire alarm. In accordance with our terms and conditions, a flat-rate cleaning fee of €250 is charged for any breach of the hotel's smoking policy. 11. Unless expressly provided otherwise, the rooms are made available from 3:00 PM on the date of arrival, and the client must leave the room before 12:00 noon on the end date of the reservation. If it fails to do so it will be charged for an additional night.
Article 10: Complaints
1. All complaints must be sent firstly by registered letter with acknowledgement of receipt to ASTOTEL SAS, 28 rue de Caumartin, 75009 Paris, at the latest 15 days after the date of occurrence of the generating event of the loss. After this period no complaint can be accepted. 2. All legal actions must without fail be preceded by an attempt to settle the dispute amicably, such that the client undertakes to refer the matter to the customer service managed by ASTOTEL SAS on behalf of the member establishments of the network, either at the above- mentioned address, or by email (customer.service@astotel.com). 3. If a negative reply is received, or if no reply is received, the establishment in question and the Client shall have the option of using an alternative method of dispute resolution, of the conventional mediation type or legal conciliation type (Art. 1530 and following of the Civil Procedure Code /Art. L.611-1 and following of the Consumer Code). 4. The client has the option of contacting the AME Conso – postal address: 197 Boulevard Saint-Germain - 75007 PARIS, for all ASTOTEL network affiliated hotels. It being specified that: • The procedures for referral to the Mediator and their contact details are available on the website www.mediationconso-ame.com; • Referral to the Mediator can be made within twelve (12) months from the initial complaint; • The referral form for this Mediator is also available on the website www.mediationconso-ame.com/demande-de-mediation-ame.html. 5. Astotel also informs the client of the existence of a European Online Dispute Resolution platform ("RLL") to which the client may have recourse. The client can access it from the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Article 11: Exemptions from liability in respect of the content and operation of the site www.astotel.com
1. The photographs shown on the site are not contractual. Although all efforts are made in order that the photographs, graphical representations and texts reproduced to illustrate the presented hotels give as accurate a preview as possible of the offered accommodation services, variations may occur, in particular due to changes of furniture or possible renovations. The client may not make any claim as a consequence thereof. 2. While ASTOTEL SAS is automatically responsible with regard to the customer-consumer for the proper performance of the obligations inherent in the hotel contract, whether concluded remotely or on site, ASTOTEL SAS cannot however be held responsible for the non or incorrect performance of the reservation when these are attributable either to the customer-consumer, or to the unforeseeable and insurmountable action of a third party to the contract, or to a case of force majeure, such as a prepayment not authorised by the cardholder's bank, or government measures to combat the spread of a virus or an epidemic requiring the partial or total closure of establishments in the Astotel network. 3. ASTOTEL SAS will not incur any liability for any direct or indirect damage attributable either to the customer-consumer, or to the unforeseeable and insurmountable action of a third party to the contract, or to a case of force majeure, in particular for operating losses of a third party, the customer or its partners. 4. Hypertext links mentioning the name ASTOTEL may link to sites other than the site www.astotel.com, which declines all liability concerning the content of these sites and the services offered. With this regard it is stipulated hereby that the partners of ASTOTEL SAS are liable for the promotion of offers made on their own websites. The decision to view third-party websites is therefore the client's full and sole liability. 5. The customer acknowledges and accepts that ASTOTEL SAS cannot be held liable for any inconvenience or damage not related to a malfunction inherent in the website www.astotel.com, for which ASTOTEL SAS is responsible, but to the use of the Internet network in general (which may result from a malfunction of the servers, failure of availability of the network or failure of the hardware or computer equipment used by the customer-consumer). 6. The client is informed that establishments reserved through the site www.astotel.com are legally independent and autonomous of ASTOTEL SAS, and that only the company having offered the accommodation service can be held liable in respect of the said services towards the client.
Article 12: Intellectual property
Concerning use of the website, the company ASTOTEL SAS is the holder of all intellectual property rights relative to the site. Subject to ASTOTEL SAS's express, written agreement, it is expressly prohibited to reproduce, exploit, distribute or use in any way whatsoever, even partially, elements present on the site, or to distribute a simple hypertext link.
Article 13: Privacy Policy
How Astotel processes personal data and how you can exercise your rights in this regard is specifically described in the personal data protection policy available here.
Article 14: Development/amendment of the General Sales Terms; Miscellaneous provisions
1. The present General Sales Terms may be amended and/or completed at any time. In this case the new version of the General Sales Terms shall be put online. As soon as it is put online the new version of the General Sales Terms shall automatically apply for all clients. 2. In the event of a contradiction between the Special Terms of the reservation and the present General Sales Terms, the Special Terms of the reservation shall take precedence. In the event of a contradiction between, on the one hand, the General Sales Terms of a partner and, on the other hand, the present General Sales Terms, the stipulations of the present General Sales Terms shall take precedence. 3. If one or more stipulations of the present General Sales Terms is/are held to be invalid or declared such in application of a law, a regulation, or following a definitive judgment given with the force of res judicata, the other stipulations shall retain their full force and scope.
Article 15: Best price guarantee
See the "Best price guarantee".
Article 16: Applicable law; Court with jurisdiction
All disputes directly or indirectly concerning performance of the present General Sales Terms relating to reservation of one or more rooms in a member establishment of the ASTOTEL network, or to performance of hotel services in addition to the accommodation services, shall be subject to French legislation and regulations, and must be brought before the French courts with jurisdiction; It is recalled in this respect that under Article R.631-3 of the Consumer Code, in the event of a dispute that cannot be settled amicably, the customer will have the option of referring the matter to either one of the jurisdictions with territorial jurisdiction pursuant to the Code of Civil Procedure, i.e. that of the place where they were living at the time the contract was entered into, or the occurrence of the harmful event, it being specified that the Astotel network member hotels are located in Paris and that the hotelier contract is entered into and therefore executed for the customer in Paris.
Article 17: Legal information
See the "Legal information".
Astotel - Head office
28, rue de Caumartin 75009 Paris Tel.: +33(0) 1 42 66 15 15 www.astotel.com | reservation.centrale@astotel.com SIRET: 319 032 140 00026 Intra. VAT: FR 51 319 032 140