TERMS AND CONDITIONS
OF SALE
The website accessible at the URL hotel-amista-marseille. fr (the “Site”) is owned and published by SAS SAINT-LOUIS, a simplified joint-stock company with capital of 200,000 euros, registered in the Marseille Trade and Companies Register under number RCS 839 103 215, with its registered office at 2 rue des Récolettes, 13001 Marseille, whose intra-community VAT number is FR 82 055811269, and whose SIRET number is 83910321500019. For further information, please contact bonjour@hotelamista.fr.
1. INTRODUCTION
1.1 The site allows customers to book rooms and additional services at the Hotel Amista of the Ginto Hotels group (hereinafter the “Hotel”).
1.2 These general terms and conditions of sale (the “General Terms and Conditions of Sale”) apply to the reservation of rooms and additional services at the Hotel (the “Services”) and are those in force on the date of confirmation of your reservation on the site. They cancel and replace all general terms and conditions of sale previously posted online and/or accepted by the Customer.
1.3 Any reservation on the site requires the consultation and unconditional acceptance of the General Terms and Conditions of Sale. It is recommended that you download and/or print the General Terms and Conditions of Sale in order to keep a copy on the day of the reservation, as they are subject to change.
1.4 The Customer's acceptance of the General Terms and Conditions of Sale and the conditions, in particular the financial conditions, of each reservation made is indicated by proceeding with the reservation “By choosing to make a reservation, I acknowledge having read and accepted the General Terms and Conditions of Sale and the Privacy Policy of the Hotel Amistadu, Ginto Hotels group” or any other similar box proposed on the reservation site.
1.5 The Customer acknowledges having all the necessary information on the site, including:
- the full contact details of the Hotel, which can be found in the “Legal Notice” section,
- the main and essential characteristics of the accommodation and additional services offered to customers,
• these General Terms and Conditions, the pricing conditions applicable to each offer and/or accommodation and/or additional service(s) and the Privacy Policy,
• the price of the accommodation and additional services offered to customers,
• the maximum number of accommodations that can be reserved by a Customer,
• the accepted payment methods and terms,
• the duration of the contract between the customer and the Hotel.
1.6 The term “Customer(s)” refers to any natural person who places an order on the site, as a consumer, for private or professional purposes, but not in connection with the hotel business.
1.7 As a consumer, the Customer benefits from rights that may be called into question in the event that the Services are reserved by him/her in the context of a professional, commercial, industrial, craft or liberal activity.
1.8 Only Customers (i) who have reached the age of majority (eighteen in most countries) and (ii) who have the legal capacity to enter into contracts are authorized to order services on the site.
1.9 The information provided by the sites is presented in French, as well as in several foreign languages.
2. PURPOSE
2.1 The General Terms and Conditions of Sale define the terms and conditions applicable to online reservations on the services website.
2.2 The General Terms and Conditions of Sale do not govern the offer, reservation or ordering of Services offered by entities other than the hotel and on other websites and/or mobile applications. We recommend that you check the general terms and conditions of sale before confirming any order for Services through third-party websites or mobile applications, as the Hotel cannot under any circumstances be held responsible for the provision of services offered by third parties.
2.3 The General Terms and Conditions of Sale apply to all stages of the Customer's booking of Services and to the follow-up of his/her booking.
3. BOOKING
3.1 The Websites offer an online booking process for hotel rooms for a maximum of four (4) rooms per booking, and for additional services.
3.2 The accommodation offers presented on the website are accompanied by an information sheet including:
• where applicable, the type of commercial offer applicable (for example: “Book now, pay less”, “Buy one breakfast, get one free”, “Flexible rate”, “Book the best rate available on our website”,
• the additional services included in the offer
3.3 The site occasionally offers commercial deals that are only available on the site, to the exclusion of any other third-party site, such as temporary deals called “Best rate guaranteed”. Where applicable, the Customer is invited to consult the special conditions applicable to these offers, which are brought to his attention at the time of booking. These commercial offers may be modified at any time by the hotel, which is contractually bound only by bookings validated by the Customer and cannot be held liable for the modification or withdrawal of a commercial offer on the site.
3.4 The Customer selects the services offered on the site. He is solely responsible for the choice of Services and their suitability for his needs, so that the hotel cannot be held liable in this respect.
3.5 The Client may reserve a maximum of four (4) rooms on the website. Specific conditions apply to all reservations of more than 4 rooms or more than 7 nights. We require a deposit of 30% of the total amount of the reservation at the time of booking. Please note that a total or partial cancellation is possible under the following conditions:
Any modification or cancellation is possible free of charge up to 30 days before arrival. After this period, cancellation fees may be charged:
- Between D-30 and D-15 you can cancel 50% of the nights booked free of charge, beyond which the other nights will be fully charged.
- Between D-15 and D-7 you can cancel 25% of the nights booked free of charge, beyond which the other nights will be invoiced in full.
- 7 days before arrival, you will no longer be able to cancel or modify your reservation, and all nights will be invoiced.
Cancellation fees are not payable if the room is taken by another participant from the same group. You are responsible for amending or canceling the reservation by email.
3.6 The reservation is deemed accepted by the Client at the end of the reservation process.
3.7 The Client certifies the truthfulness and accuracy of the information provided when booking Services. The hotel reserves the right not to proceed with any booking made by a person who makes fraudulent use of the site or who does not comply with these General Terms and Conditions of Sale.
4. BOOKING PROCESS
4.1 Reservations are made by the Customer by means of a credit or debit card payment on the site.
4.2 When making a reservation, the Customer must provide a certain amount of mandatory information, including certain personal data necessary for the hotel to process the reservation. The hotel reserves the right to refuse any reservation in the absence of this data or if the data is incorrect. The Customer must also indicate the number of people benefiting from the services, as well as their ages, as any minor over the age of 4 is considered an adult when requesting an extra bed.
4.3 The booking procedure on the site includes the following steps:
• Step 1: Select the Book button on the homepage of the website https://www.hotel-amista-marseille.fr/.
• Step 2: In a new window, select the arrival and departure dates and the number of adults and children.
• Step 3: Opening of a new secure page on the The Edge booking engine indicating the offers available for the selected Hotel and the indicated date, and offering the Customer the possibility to specify or modify one of the choices made (arrival and departure dates, number of room(s), number of people, etc.),
• Step 4: Consultation and selection of an offer,
• Step 5: Selection, where applicable, of one or more additional services,
• Step 6: Verification of the reservation details, its total price and the applicable conditions and possible modification of the choices made,
• Step 7: Provision by the Customer of his contact details,
• Step 8: Entry of bank details in the event of a guarantee or prepayment request,
• Step 9: Consultation and acceptance of the General Terms and Conditions of Sale, the Privacy Policy and, where applicable, the special terms and conditions of sale before the Customer confirms the booking,
• Step 10: Confirmation of the booking by the Customer.
4.4 Please note that we will pre-authorize one euro on your payment card at the time of booking.
7 days before your arrival, a new pre-authorization equivalent to the amount of the first night will be made on your payment card, for all types of pricing conditions (excluding non-refundable rates).
5. CONFIRMATION OF THE RESERVATION
5.1 The Website acknowledges receipt of the reservation made by the Customer by sending an e-mail including (i) the corresponding reservation number, (ii) a summary of the reservation and in particular the Services reserved, the price of the Services, the terms and conditions of sale applicable to the selected rate, accepted by the Customer, (iii) the General Terms and Conditions of Sale, where applicable, information relating to the after-sales service as well as the contact address to which complaints can be submitted.
5.2 The reservation is deemed firm and final upon receipt of this reservation confirmation e-mail sent by the hotel to the Client.
5.3 The duration of the contract concluded between the Client and the Hotel corresponds to the duration of the Accommodation Service provided for in the reservation.
6. CANCELLATION OR MODIFICATION OF A RESERVATION BY THE CLIENT
6.1 In accordance with Article L.121-28 of the Consumer Code, the Services offered on the site do not allow the right of withdrawal provided for in Articles L.121-21 et seq. of the Consumer Code regarding distance sales contracts.
6.2 The conditions of sale for the reserved rate specify the procedures for canceling and/or modifying the reservation.
In the event that the cancellation period is not respected by the customer, the equivalent of the amount of one night will be invoiced to the customer instead of a penalty.
6.3 Reservations with prepayment cannot be modified and/or canceled. As the sums paid in advance constitute a deposit, they will not be refunded, as indicated in the conditions of sale of the rate made known to and accepted by the Customer.
6.4 Where it is possible to cancel a booking, a specific link, please “cancel my booking” is available on the booking confirmation, allowing a booking to be canceled by entering the e-mail address provided at the time of booking and the booking number indicated in the booking confirmation e-mail.
6.5 Some commercial offers on the site have special conditions for the cancellation and modification of the reservation, which are detailed in their Special Conditions in the description of the offer at the time of reservation.
6.6 Unless otherwise specified, reservations may be canceled or modified up to 3 p.m. (local time) and no later than 24 hours prior to the arrival date specified in the reservation. For any cancellation occurring less than 24 hours before the arrival time, a penalty of one night's accommodation will be automatically debited from the Customer's credit card indicated at the time of booking.
6.7 In order to modify a reservation on the site, the reservation made must be canceled under the aforementioned conditions and a new reservation must be made.
7. NO-SHOW AND INTERRUPTION OF STAY
7.1 All reservations made on the website stipulate an arrival time of 15:00 and a departure time of 12:00. If the Customer does not arrive at the Hotel, a penalty of one night will automatically be charged to the credit card of the Customer provided at the time of booking, except in the case of prepayment of the reservation on the Website.
7.2 In the event of vacating the reserved room after the required departure time (12:00), an additional night will be charged to the Customer as a penalty.
7.3 Any interruption of the stay before the departure date specified in the reservation will result in payment of the full agreed price.
8. PRICE OF SERVICES
8.1 The price of the Services is indicated on the description sheet of the offer during the reservation process.
8.2 The rates indicated are per room, for the number of people indicated, according to the Hotel and the period selected, and only include the Services strictly mentioned in the reservation.
8.3 The price of each Service is indicated inclusive of all taxes (TTC), excluding the tourist tax in force at the time of the stay per night and per person (to be paid at the time of check-out), and details the amount of VAT applicable to the Service.
8.4 The euro is the commercial currency for the reservation, so payment must be made in this currency. Prices displayed on the Website in different currencies are estimates and do not accurately reflect the amount to be paid, which is indicated in euros when the Customer confirms the reservation.
8.5 The prices mentioned on the Website are subject to change at any time by the hotel, without prior notice or advance warning. Only the price indicated in the booking confirmation is contractual.
8.6 Breakfast costs €18 per adult per day. Breakfast is free for children up to 5 years old and from 6 to 11 years old, and costs €9 per child over 12 years old.
9. PAYMENT OF THE PRICE
9.1 Unless otherwise specified, payment for the Services is to be made at the Hotel at the time of booking. In the case of prepayment, the sums paid constitute a deposit and are not refundable to the Client.
9.2 In the event of a no-show at the Hotel or late cancellation resulting in a penalty charge for one night's stay, the Customer's bank details provided at the time of booking will be used to settle the corresponding penalty.
10. STAY AT THE HOTEL
10.1 In accordance with current French regulations, the Client may be asked to fill in a police form upon arrival at the Hotel. In order to verify whether the Client is subject to this formality, he/she will be asked to present proof of identity.
10.2 The Hotel Saint-Louis Vieux Port accepts dogs weighing up to 10 kg for a supplement of 12 EUR per night (with the exception of assistance dogs) and for a maximum of one animal per room. Customers are required to clean up after their animal in the hotel grounds and in the neighborhood. Any disturbance, such as barking, must be kept to a minimum so as not to inconvenience other guests. Guests are responsible for any material damage and/or bodily harm caused by their pet. Guests agree to indemnify and hold the hotel, and its operator Ginto Hotel, harmless from any liability and any damage suffered as a result of the guest's pet. The hotel reserves the right to invoice the customer for the cost of this damage.
10.3 During their stay, the Customer agrees to use the room rented to them reasonably and with due diligence. The Hotel may ask the Customer to leave the Hotel without any compensation being paid and to pay for the entire Service booked, particularly in the event of:
• behavior contrary to morality or public order,
• any damage, degradation, act of vandalism caused by him or by his employees or persons in his care, during the occupation of the premises, to any movable or immovable property, furnishings, decorations or any other property present in the Hotel.
In addition, the Client shall be required to reimburse in full any damage caused by his actions, the hotel having every right and being able to take any useful action to obtain compensation for the damage suffered.
10.4 The hotel provides Clients with wireless internet access throughout the hotel.
The Client undertakes to ensure that the computer resources made available to them are not used for fraudulent or illegal purposes, and in particular for the purpose of committing any act of infringement of the rights of third parties and/or illegal downloading of works protected by copyright or related rights, as punishable under Article L.335-2 of the Intellectual Property Code.
11. DISPLACEMENT - FORCE MAJEURE
11.1 In the event that the reserved room at the Hotel is unavailable, the hotel reserves the right to provide the Client with full or partial accommodation at a Hotel of equivalent or higher category offering Services of the same nature. The transfer shall be entirely at the expense of the hotel, and the Hotel shall not charge the Client any additional fees.
11.2 The hotel shall be released from all liability for non-fulfillment of its obligations in the event of force majeure, for the duration of the force majeure event, and undertakes to make all reasonable efforts to limit the effects thereof.
11.3 For the application of this Article, force majeure is understood as any event or fact that the parties could not reasonably foresee and control at the time of booking due to its external, unforeseeable and unstoppable nature. In addition to those recognized by the French courts and tribunals, the following are thus considered as cases of force majeure: total or partial strikes, internal or external to the hotel, terrorism, wars or uprisings, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, breakdown of the computer system paralyzing the normal pursuit of its activity by a Party.
12. REGULATIONS AND HEALTH PROTOCOL
In application of the health legislation and regulations in force, the hotel undertakes, within the framework of its services, and in compliance with their health protocol, to conform to the various official rules and recommendations in force.
The hotel undertakes to do everything in its power to preserve and ensure the health and safety of its Customers and, more generally, of all its partners. As a result of this obligation of means, the hotel can only be held liable in the event of proven fault or negligence.
Furthermore, in the event that a Customer acts, directly or indirectly, on his or her own initiative or at the instigation of a third party, in violation of the health protocol put in place by the hotel, and more generally, in violation of all the measures implemented by the hotel to comply with the applicable health regulations, the hotel cannot be held liable for any direct or indirect damage and/or consequences of any kind resulting from such a violation.
13. PERSONAL DATA
13.1 In accordance with Law No. 2018-493 of June 20, 2018, on the protection of personal data and the General Data Protection Regulation No. 2016/679 (GDPR), the Customer is informed that the information provided at the time of booking has been subject to personal data processing for the purposes of managing bookings and Customers, billing and payment requirements, as well as for commercial prospecting purposes.
13.2 The Customer is also informed that the hotel has a video surveillance system in the common areas of the building for the security of persons and property.
13.3 The Customer has the right to access, rectify, transfer and delete personal data concerning him/her, which he/she may exercise with the hotel services by writing to the following email address: bonjour@hotelamista.fr.
13.4 The Customer may obtain information on how the hotel processes his personal data by consulting the Privacy Policy in the “Privacy Policy” section of the Site or by sending a request to the following e-mail address: hotel@maison-saintlouis.com.
13.5 By accepting these General Terms and Conditions of Sale, the Customer acknowledges and accepts that “the Hotel” may collect his/her telephone data for the proper performance of the Services. In accordance with Article L. 223-2 of the French Consumer Code and with Law No. 2014-344 of March 17, 2014, relating to consumption, the Customer has the option of registering free of charge on the BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone. The Customer can register free of charge on this list on the website https://www.bloctel.gouv.fr/
14. APPLICABLE LAW - JURISDICTION
14.1 These General Terms and Conditions of Sale are governed by French law.
14.2 All complaints relating to the non-performance or poor performance of the Services by the Hotel must be reported by the Client, under penalty of foreclosure, by registered letter with acknowledgment of receipt, within fifteen days following the date of departure from the Hotel to:
• the following postal address: Hôtel Amista, 2 rue des Récolettes, 13001 Marseille.
• the e-mail address bonjour@hotelamista.fr
The hotel will endeavor to deal with this complaint as best it can and to reach a resolution of the dispute in accordance with the interests of both parties.
14.3 In the absence of an amicable settlement of the dispute, the Customer has the option of referring the matter to the Consumer Mediation entity and its mediator, Ms. Angela Albert, at the following address: AME CONSO, located at 11 place Dauphine - 75001 PARIS. For more information on the Consumer Ombudsman, the Customer can consult its website: www.mediationconso-ame.com
14.4 Notwithstanding the foregoing, any difficulty relating to the interpretation, execution and validity of these General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the competent courts of Paris. In the event of a complaint relating to the Services, an out-of-court dispute resolution option is available to the Client, who may submit a complaint on the online dispute resolution (ODR) platform via the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
15. GENERAL PROVISIONS
15.1 The General Terms and Conditions of Sale are regularly amended, particularly in consideration of regulatory changes. The new General Terms and Conditions of Sale will apply from the date of their publication on the site.
15.2 The General Terms and Conditions of Sale, including the Privacy Policy, the General Terms and Conditions of Use of the site and, where applicable, the special conditions specific to certain offers, constitute the entire contract concluded between the Customer and the hotel concerning his/her reservation on the site and cancel all previous general terms and conditions of sale.
15.3 In the event that any of the stipulations of these General Terms and Conditions of Sale is declared null and void, in whole or in part, for whatever reason, the other stipulations shall remain in force.
