Terms and Conditions
Preamble:
The terms used herein and capitalized shall have the meanings given to them below:
“Client” means a natural person of legal age, acting for personal needs and having full legal capacity to enter into commitments hereunder.
“GTC” means these General Terms and Conditions of Sale as a whole.
“Reserved Rate Sale Conditions” means the specific conditions applicable to each reservation made by the Client.
“Booking Confirmation” means the document summarizing the details of the reservation made by the Client, sent by the Website or the Hotel to the Client.
“Reservation Request” means any request for a hotel room reservation made by the Client.
“Hotel” means the hotel “Garbo Hotel”, located at 3 rue d’Aix – 75010, operated by the Company.
“Partners” means any company having entered into a partnership agreement with the Hotel.
“Service Providers” means all service providers having entered into a service agreement with the Company or to whom the Company subcontracts services.
“Service” means any hotel room reservation service carried out by the Client on the Hotel’s Website.
“Website” means the website dedicated to the Hotel accessible at the following address: http://www.theelementhotel.fr.
“Company” means SARL HOTEL MODERNE DU TEMPLE, with a share capital of €10,000, whose registered office is located at 3 rue d’Aix – 75010 PARIS, registered with the Paris Trade and Companies Register under number 522 858 778, and which operates the Hotel.
Article 1 – Scope of Application
These GTC apply, without restriction or reservation, to all sales of Services and ancillary services offered by the Company or by any Service Provider to consumers and Clients on the Website or on any online booking platform partnered with the Company.
The main characteristics of the Services are presented on the Website.
The Client is required to read them before making any reservation. The choice and purchase of a Service and its ancillary services are the sole responsibility of the Client.
As these GTC may be amended at a later date, the version applicable to the Client’s purchase is the one in force on the Website on the date of reservation.
It is therefore essential that the Client carefully read the GTC, which are referenced via a hyperlink available on the Website. Clients are advised to download and/or print them in order to keep a copy on the day of their order, as these terms may be modified, provided that such modifications will not apply to Services ordered prior to their implementation.
These GTC apply to the exclusion of all other conditions, in particular those applicable to other distribution channels for the Services.
The GTC may be supplemented by specific sales conditions appearing in the service description, as well as by the sales conditions of Service Providers and Partners, accessible either on their website or on site.
The Client is informed that the Company enters into partnership agreements with third-party travel service providers to allow Clients, via these partners’ websites, to search for, select, and book rooms at the Hotel. Any reservation made under these conditions implies full and unconditional acceptance by the Client of the Partner’s specific conditions, the Reserved Rate Sale Conditions, and these GTC. The Client declares having received from the Hotel all necessary and available information on the Website.
Article 2 – Capacity
The Client acknowledges having the legal capacity to contract, meaning being of legal age and not being under guardianship or trusteeship.
The Client also declares that they use the Website in accordance with these GTC, in their own name and on behalf of all beneficiaries of the Services and ancillary services ordered through the Website, for whom they act as agent (hereinafter the “Beneficiaries”), and to whom these GTC shall apply.
The Client is financially responsible for the use of the Website made in their name and on behalf of the Beneficiaries, unless fraudulent use is demonstrated without any fault or negligence on their part.
The Client guarantees the accuracy and truthfulness of the information provided in their name and on behalf of all Beneficiaries using their data on the Website.
The Company reserves the right at any time not to contract with a Client who engages in fraudulent use of the Website or who violates these GTC.
Article 3 – Prices
Prices are indicated in Euros.
VAT is included in the prices offered. Any change in the applicable VAT rate, or any modification or introduction of new legal taxes by competent authorities, will be automatically reflected in the prices indicated on the billing date.
Prices are per room for the number of persons indicated and according to the selected period.
Prices include only the Services and ancillary services strictly mentioned in the reservation. Additional services provided by the hotelier during the stay and, where applicable, tourist taxes will be added to the reservation price.
The Client undertakes to pay these various taxes without dispute.
Prices displayed on the Website may be modified at any time by the Company without prior notice. Only the price indicated in the booking confirmation issued by the Company is contractually binding.
No stay booked prior to the introduction of a promotional offer will be subject to any refund, even partial.
Foreign currency conversion is provided for information purposes only and is not contractual. If payment is to be made directly at the Hotel upon arrival or departure and the Client’s currency differs from that of the Hotel, the amount charged may differ from that communicated at the time of booking due to exchange rate fluctuations.
An invoice is issued by the Service Provider and delivered to the Client when the reserved Services are provided.
Article 4 – Reservations / Online Orders
The Client acknowledges having read the nature, purpose, and booking procedures of the Services offered by the Company and having obtained all necessary information to make their reservation with full knowledge. The Client alone is responsible for their choice of services and their suitability for their needs.
When placing an online order, the Client must:
- complete the identification form with all requested contact details;
- complete the online order form with references to the selected services;
- validate the order after verifying it;
- make payment under the applicable conditions and confirm the order and payment for advance purchase plans, or provide bank details for flexible plans;
- Any reservation of more than 5 rooms may be subject to specific conditions and additional charges.
Order confirmation implies express acceptance of these GTC and waiver of any other purchasing conditions.
All data provided and the recorded confirmation constitute proof of the transaction.
The Company sends the Client confirmation of the registered order by any means.
The reservation becomes final only after receipt of confirmation sent by the Company.
Reservations are intended solely for accommodation purposes. The Company reserves the right to modify terms or cancel reservations if rooms are used for other purposes such as photo shoots, filming, showrooms, or interviews.
Article 5 – Online Payment Terms
Depending on the reservation type, payment is due in full at the time of ordering (advance purchase) or at the end of the stay (flexible plan).
In all cases, to guarantee the reservation, the Client must provide credit card details via a secure system.
For advance purchase, the card is charged the total stay amount on the order date. The invoice is provided upon departure.
The credit card used must be presented upon arrival. Otherwise, a new card will be required.
If a third party covers the stay, the Hotel may request documents for transaction security.
The Hotel reserves the right to perform a pre-authorization on the credit card before arrival.
Article 6 – Modification or Cancellation by the Client
Modifications and/or cancellations are subject to the selected rate plan.
For flexible plans, requests must be made at least 48 hours before the start of the stay.
Any modification or cancellation is effective only upon receipt of written confirmation from the Company.
For advance purchase plans, no modification or cancellation is accepted and the full amount remains due.
In case of no-show without cancellation:
- the full reservation amount is retained for advance purchase plans;
- the first night is charged for flexible plans.
For stays of at least two nights, the Hotel is not required to hold the room for the remaining stay in case of no-show on the first day.
Clients are requested to arrive before 7:00 p.m. and inform the Hotel of late arrival.
Article 7 – Provision of Services
Services are provided under these GTC and the Reserved Rate Sale Conditions.
Upon arrival, Clients must present valid identification.
The Hotel is entirely non-smoking. Any violation will result in charges for cleaning and restoration.
Pets are not allowed.
Clients must use rooms responsibly. Any inappropriate behavior may result in eviction without refund.
Clients are responsible for any damages caused and must indemnify the Hotel accordingly.
Wi-Fi access may be provided under the Hotel’s policy. Clients must comply with intellectual property and security regulations.
Rooms are available from 3:00 p.m. on arrival day and must be vacated by 11:00 a.m. on departure day. Late departure may result in an additional night charge.
The Company is bound by a best-efforts obligation.
Clients have 8 days after departure to submit written complaints with supporting documents.
Article 8 – Ancillary Services
Ancillary services or packages must be booked together with the stay and used during the stay. Cancellation terms are set out in Article 10.
Article 9 – Relocation
In case of unavailability or force majeure, the Company may relocate the Client to equivalent or higher-category accommodation at its expense.
The Client cannot hold the Company liable for relocation.
In such cases, the Client must accept the Partner’s terms and conditions.
Article 10 – Right of Withdrawal
In accordance with Article L221-28 of the French Consumer Code, no right of withdrawal applies due to the nature of the Services.
Article 11 – Force Majeure
Force majeure includes any unforeseeable and unavoidable external event preventing fulfillment of obligations.
Such events suspend obligations, and each party bears its own costs.
Article 12 – Hardship (Imprévision)
The legal hardship regime under Article 1195 of the French Civil Code is expressly excluded.
Article 13 – Liability
The Company is not liable for theft, loss, or damage to Clients’ belongings.
The Client is liable for any damage caused.
The Company is bound only by a best-efforts obligation regarding online services.
Article 14 – Data Protection
In accordance with French law, Clients have rights of access and rectification of their personal data.
Video surveillance is in place in common areas and parking.
Article 15 – Governing Law and Language
These GTC are governed by French law. French courts have exclusive jurisdiction.
These GTC are written in French. In case of translation, only the French version shall prevail.