Terms and Conditions
Preamble
These general terms and conditions of sale (the "GTC") apply to any reservation and/or purchase made by a Customer (as defined below) on the website accessible at: https://bohem-hotel.com/ (the "Site").
The Site is published by Hôtel Bohem (the "Hotel").
The Customer may make a reservation and/or purchase a Gift from Hôtel Bohem, operated by the company BOHEM SACRÉ-CŒUR, with a share capital of €200,000.00, registered with the Paris Trade and Companies Register under SIRET number 562 025 387 00027 (intra-community VAT FR57562025387), whose registered office is located at 53 B rue Lamarck, 75018 PARIS, FRANCE.
The parties have agreed as follows:
Article 1. DEFINITIONS
Terms used in the body of these General Terms and Conditions of Sale, including the preamble, that begin with a capital letter, whether used in the singular or plural, shall have the meanings assigned to them below.
Beneficiary: refers to the person using the Gift Voucher.
Gift Voucher: refers to the document containing the offer, the Hotel, the validity number, the validity period, the name of the Beneficiary, and the description required to redeem an offer at the Hotel. The Gift Voucher may be issued digitally.
Customer: refers to a natural person of legal age with the full legal capacity to enter into an agreement under these General Terms and Conditions of Sale, acting for their own personal needs and excluding any activity involving the intermediation, resale, distribution, or similar handling of all or part of the Services and/or Gift Vouchers.
Contract: refers to the General Terms and Conditions of Sale as well as the Specific Conditions of the Reserved Rate or the Cancellation Policy, as the case may be, as summarized in the Confirmation Email.
Privacy Policy: refers to the personal data protection policy.
Specific Rate Conditions: refers to the specific conditions for booking, cancellation, no-show, minimum number of people, and guarantees for each Hotel Service, which vary in particular according to the season and the Hotel, which are available on the Site at the time of booking, and which are summarized in the Confirmation Email.
Confirmation Email: refers to the confirmation email sent by the Hotel to the Customer at the email address provided by the Customer during the booking and/or purchase, containing a summary of the Contract and specifying, in particular, the booking conditions (Services booked, Specific Rate Conditions, prices and any taxes, prices of Ancillary Services, check-in/check-out times, rules applicable to the stay at the Hotel, booking dates, guarantee) and/or the details of the order placed.
Cancellation Policy: refers to the specific conditions applicable to the modification and/or cancellation of a Service:
Services: refers to the Hotel Services, Catering Services, and other Ancillary Services offered to Customers by the Hotel on the Site.
Ancillary Services: refers to additional products and/or services offered to the Customer when booking a Hotel Service (such as, for example, a bottle of champagne, a bouquet of flowers, etc.).
Hotel Service: refers to the accommodation service provided at the Hotel for the duration and dates selected by the Customer, under the conditions set out herein and/or on the Site.
Catering Service: refers to the Room Service provided within the Hotel.
Tourist tax: refers to the municipal tax imposed by the city, which must be paid by the customer in addition to the room rate upon departure. The tourist tax is payable per adult (18 years and older) per night. The rate for 4-star establishments is set at €8.45.
Article 2. PURPOSE
The Contract governs the contractual relationship between the Customer and the Hotel where the Customer makes a booking and/or purchase. The T&Cs are made available to the Customer on the Site, where they can be viewed directly at any time. The Customer has the option to save and print the T&Cs using the standard features of their browser and/or computer.
The T&Cs prevail over any other document regarding their subject matter, except for the Specific Rate Conditions or the Cancellation Policy, which prevail over the T&Cs in the event of a conflict.
The Contract represents the entire agreement between the parties. No general or specific terms communicated by the Customer may be incorporated into or added to the Contract.
Article 3. DESCRIPTION OF SERVICES AND GIFT VOUCHERS
The Site allows the Customer to book one or more Service(s) at the Hotel and/or purchase a Gift Voucher. The essential characteristics of the Services and/or Gift Vouchers are described on the Site.
The photographs shown on the Site are for illustrative purposes only. While every effort is made to ensure that the photographs, graphic representations, and texts used to illustrate the Hotel and/or Services and/or Gift Vouchers provide as accurate an overview as possible of the services offered, variations may occur, particularly due to changes in furniture or potential renovations. In case of doubt, or to obtain further information about the Services and/or Gift Vouchers, you may contact the Hotel by email or phone via the "Contact" tab on the Site.
In any event, the Company and/or the Hotel cannot be held liable for any non-substantial errors that may occur in this regard.
The Site also provides the following information:
· the essential characteristics of the Services and/or Gift Vouchers offered;
· any Ancillary Services offered, if applicable;
· prices;
· payment methods;
· the T&Cs, as well as the Specific Rate Conditions and/or Cancellation Policies, if applicable.
The Gift Voucher is sent to the Beneficiary by the Customer in digital format.
The Gift Voucher is valid for the period specified on the voucher, subject to availability at the Hotel. The Customer acknowledges that the Gift Voucher services do not include transportation to the Hotel.
If a Gift Voucher is not used within its validity period, or if it is lost, stolen, or destroyed, the Customer shall not be entitled to a refund or any form of compensation. However, if the Beneficiary is unable to use their Gift Voucher within the specified period, the Customer is invited to contact the Hotel via the "Contact" tab available on the Site.
Article 4. BOOKING
4.1 Booking process
4.1.1 General provisions
Any reservation and/or purchase implies the consultation and full and unreserved acceptance of the General Terms and Conditions of Sale.
In the event of an online reservation and/or purchase on the Site, the Client accepts the General Terms and Conditions of Sale, the Specific Terms of the Reserved Rate, or the Cancellation Policy, as the case may be, accessible via a hyperlink, by checking the corresponding boxes. Without this acceptance, continuing the reservation process is technically impossible.
The Client acknowledges having read the nature, purpose, and booking terms of the Services and/or Gift Vouchers and having requested and obtained the necessary and/or additional information to make their reservation and/or purchase with full knowledge of the facts. Additional checks can be carried out directly with the Hotel if necessary, via the "Contact" tab available on the Site.
It is recalled for all useful purposes that the Client is solely responsible for their choice of Services and/or Gift Vouchers and their suitability for their needs, such that the liability of the Hotel or the Company cannot be sought in this regard.
It is expressly agreed between the Parties that any reservation of a Service is personal and may under no circumstances be transferred in whole or in part to a third party, whether free of charge or for a fee.
4.1.2 Hotel Service reservation process
The reservation of a Hotel Service proceeds as follows:
· the Client selects their arrival and departure dates at the Hotel as well as the number of people covered by the reservation;
· the Client clicks on "Search";
· the Client can access the Specific Terms of the Reserved Rate for each room and each rate by clicking on the title of each rate offer;
· the Client must then select the type of room they wish to reserve and click on the "Book" box corresponding to the room and rate they wish to reserve;
· where applicable, Ancillary Services are offered to the Client, as well as the option to add additional rooms, which the Client can select to add to their reservation;
· the Client clicks on "Continue to Book" and then accesses the summary of their order, which they can modify if necessary;
· the Client must then provide the following information:
- personal information: title, first name, last name, email address (and, if applicable, the title, last name, and first name of the additional guest(s)), address, landline/mobile phone number, company name;
- additional information: special requests if applicable.
- arrival and departure times, allowing the Hotel, if the Client wishes, to arrange transport for the Client to and from the airport for an additional fee via a prior reservation;
- banking information: card type, cardholder name, card number, expiration date, security code.
· the Client is then invited to accept the General Terms and Conditions of Sale (available by clicking on the hyperlink) and the Specific Terms of the Reserved Rate, in order to be able to click on "Confirm reservation".
4.2 Confirmation of the reservation and/or purchase
Once the Client has made a reservation for a Service and/or ordered a Gift Voucher under the conditions of Article 4.1, the Client will receive a Confirmation Email at the email address they provided.
In the event of a Service reservation, the reservation will only be considered definitively confirmed after payment of the reservation by the Client under the conditions provided for in Article 6 of the General Terms and Conditions of Sale, except in the case of a reservation guarantee as provided for in Article 6.2.1.(i): in the latter case, the reservation is considered definitively confirmed upon receipt of the Confirmation Email by the Client.
4.3 Imprint / Guarantee
The Hotel will request a credit card imprint from the Client upon arrival (check-in) as a guarantee for the total amount of Services consumed during the stay and/or to cover any damage caused by the Client. In addition, a pre-authorization hold will be placed on the credit card.
4.4 Right of withdrawal
4.4.1 Absence of right of withdrawal for Services
It is recalled that, in accordance with Article L. 221-28 12° of the French Consumer Code, the Client does not have the right of withdrawal provided for in Article L. 221-18 of the French Consumer Code for the Services covered by these terms.
4.4.2 Right of withdrawal for Gift Vouchers
No provision of these General Terms and Conditions of Sale affects the Client's right to exercise their right of withdrawal for the purchase of a Gift Voucher, without having to provide a reason, within a period of fourteen (14) days from:
For Gift Vouchers sent digitally, from the receipt of the Confirmation Email.
If the Client wishes to withdraw, they must notify the Hotel of their decision to withdraw by any unambiguous statement before the expiration of the withdrawal period, in particular by post or by email to the Hotel's address indicated in Article 13 below.
For the withdrawal period to be respected, it is sufficient for the Client to send their communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
4.5 Cancellation or modification by the Client
Reserved Services are exclusively subject to the cancellation and/or modification conditions provided for in the Specific Terms of the Reserved Rate for Hotel Services and in the Cancellation Policy for Restaurant Services, which are summarized in the Confirmation Email. It is recommended that the Client take out travel insurance that meets their needs.
Depending on the Terms of the Reserved Rate or the Cancellation Policy, the Hotel shall be entitled to charge cancellation fees and, where applicable, all or part of the price of the reserved Services, which will be deducted from any amounts paid in advance or from the amount held as a guarantee (if the reservation was not prepaid), with any remaining balance being invoiced to the Client. The Hotel also reserves the right to put the Service in question back on sale.
4.6 Hotel Service: Interruption of stay
In any event, if the stay is interrupted by the Client for any reason whatsoever, including behavior contrary to the rules of conduct mentioned in Article 5.5, the Client shall be required to pay the Hotel the full price specified in the Confirmation Email; no refund of any kind may be granted for this reason.
In the event of prepayment, said amount will be deducted from the amounts paid in advance. In the event that the reservation was not prepaid, the Hotel will deduct the amount due from the sums held as a guarantee.
4.7 No-show
Depending on the Specific Terms of the Reserved Rate or the Cancellation Policy, the Hotel shall be entitled to charge cancellation fees and, where applicable, all or part of the price of the reserved Services, which will be deducted from any amounts paid in advance or from the amount held as a guarantee (if the reservation was not prepaid). The Hotel also reserves the right to put the Service in question back on sale.
4.8 Booking irregularity
Any booking or payment that is irregular, inoperative, incomplete, or fraudulent for a reason attributable to the Guest will result in the cancellation of the booking, without prejudice to any civil or criminal action against the latter.
Depending on the Conditions of the Booked Rate or the Cancellation Policy, the Hotel shall be entitled to charge cancellation fees and, where applicable, all or part of the price of the booked Services, which will be deducted from any amounts paid in advance or from the amount held as a guarantee (if the booking was not prepaid). The Hotel also reserves the right to put the Service in question back on sale.
4.9 Complaints – Information
Complaints relating to a purchase and/or the non-performance or improper performance of Services must, to facilitate their processing, be brought to the attention of the Hotel in writing using the contact details indicated in the "Customer Service" tab of the Site.
Article 5. STAY AT THE HOTEL
5.1 Registration card
Pursuant to Article R.611-42 of the Code for the Entry and Residence of Foreigners, the Guest authorizes the Hotel to pre-fill the individual police form known as a "registration card" with the information obtained during the booking. The Guest shall verify the accuracy of the pre-filled information and sign said form upon arrival.
5.2 Pets
At the discretion of each Hotel, dogs are welcomed under certain conditions.
In any event and unless otherwise stipulated, dogs must be kept on a leash in the common areas of the Hotel.
Furthermore, it is forbidden to leave dogs alone in the room or unattended when their owner is outside the Hotel. It is also necessary to ensure that they do not damage the room or its furnishings, and that they respect the tranquility of the establishment at all times.
5.3 Children
Children must be supervised by their parents or a responsible adult. The Guest also agrees to ensure that children under their responsibility respect the tranquility of the establishment at all times.
5.4 Wi-Fi and network access
Wi-Fi use is free for Guests.
Illegal downloading is strictly prohibited and is the responsibility of the Guest. The Guest is required to comply with the Hotel's security policy, including the rules for using security measures implemented to prevent the illicit use of IT resources, and to refrain from any act that undermines the effectiveness of these measures.
The Guest agrees that the IT resources made available by the Hotel shall not be used in any way for the reproduction, representation, provision, or communication to the public of works or any objects protected by intellectual property rights or related rights without the prior authorization of the rights holders for any content protected under the provisions of the Intellectual Property Code. The Guest shall, at their own expense, indemnify the Hotel against any action and/or claim from a third party alleging the violation of an intellectual property right, and shall bear all associated costs and damages.
In this respect, the Service Provider shall indemnify the Hotel for all losses, damages, or costs (including reasonable attorney's fees and court costs) incurred by the Hotel in connection with any such action, as well as any sums paid in settlement and/or damages that the Hotel may be ordered to pay.
5.5 Security
The Hotel has implemented surveillance measures. Video surveillance of the reception and common areas of the Hotel is in place to ensure the safety of property and individuals. Safes are available to Guests in the rooms.
However, Guests are advised to exercise caution, particularly with high-value items. In this regard, please note that safes are available in the Hotel rooms. Guests are specifically advised not to leave any valuables in plain sight (particularly in rooms and common areas).
5.6 Damage and loss
During their stay, the Guest is responsible for the room made available to them as well as its furnishings.
In general, the Guest assumes responsibility for the consequences resulting from their negligence, faults, or errors, and more generally for any direct or indirect damage, whether material or immaterial, caused to third parties or to the Hotel, which is linked to the Services.
In the event of damage or deterioration not reported before the Guest's departure (check-out), the Hotel reserves the right to charge the amount necessary for repairs, as well as any incidental costs related to the room being out of service during this period.
Article 6. FINANCIAL TERMS
6.1 Price of Hotel Services and Ancillary Services
For Hotel Services, the price of the booking is per room, for the number of person(s), the dates, and the Hotel Services and, where applicable, the Ancillary Services selected by the Guest.
The price of the Services is indicated on the Site in the currency chosen by the Client, which may be different from the Hotel's currency. Any conversion fees applied by the Client's bank will be borne by the Client.
The price of the Services is inclusive of all taxes, with the exception, however, of any taxes appearing in the Specific Conditions of the Reserved Rate and reiterated in the Confirmation Email (notably the tourist tax (or equivalent), service charges, etc.), which must be paid directly on-site to the Hotel.
The price of the Services includes only the services strictly mentioned in the Confirmation Email. Additional services to the Services, which may be provided by the Hotel during the Client's stay and/or their Treatment Service, will be added to the price mentioned in the Confirmation Email.
The Hotel pays the utmost attention to the accuracy of the prices of the Services presented on its Site. However, in the event of a manifest pricing error, the Hotel reserves the right not to provide the Services whose price is clearly erroneous. In this case, the Hotel will inform the Client and, depending on the situation, will send them a new Confirmation Email if the Client wishes to maintain their reservation at the actually applicable price, or will cancel the relevant Services and proceed with the refund of any price already prepaid by the Client.
The Hotel may modify the prices indicated on the Site at any time and without notice. However, the modified prices will only apply to reservations made after the new prices come into effect.
6.2 Payment conditions
6.2.1 Payment for Hotel Services, Ancillary Services, and Treatment Services
Payment for reservations is made by bank card or bank transfer only.
When booking on the Site, according to the conditions communicated on the Site and in the Specific Conditions of the Reserved Rate, the Client provides their bank details to (i) guarantee their reservation of the Services, or to (ii) prepay for the Services before their stay. These payment conditions are reiterated in the Confirmation Email.
(i) Reservation guarantee for Services
If the Specific Conditions of the Reserved Rate so provide, the Client does not pay for the Services at the time of booking on the Site, but provides their bank details for guarantee purposes only. In this case, the Client's bank card is not charged at the time of booking on the Site, and the Client pays for their reservation directly at the Hotel upon arrival. In the event of a "no-show" by the Client, the Hotel shall be entitled to charge cancellation fees and, where applicable, all or part of the price of the reserved Services, which will be deducted from the amount held as a guarantee, under the conditions provided for in Article 4.7 of these terms.
(ii) Prepayment of Services
Depending on the Specific Conditions of the Reserved Rate, payment is made:
- In full at the time of booking on the Site. This prepayment will be considered a deposit (acompte).
- In part at the time of booking on the Site. This prepayment will be considered a down payment (arrhes). The Client will be invited to pay the balance of their booking before the cancellation deadline indicated in the Specific Terms and Conditions of the Reserved Rate and reiterated in the Confirmation Email. For payment of the booking balance, payments can be made by credit card via the secure link provided by the Hotel to the email address indicated by the Client, or by bank transfer in Euros only. The Hotel cannot be held responsible for any additional fees charged by banking institutions in this regard. In the event of payment by bank transfer, the Client must ensure that their name and stay dates are specified on the transfer order and send the Hotel a copy of the payment confirmation issued by the Client's bank. The Hotel reserves the right to cancel the booking without notice if the required down payment amounts and/or the payment of the balance are not received within the specified timeframes.
In the event that the debiting of sums due by the Client proves impossible for any reason (objection, refusal by the issuing center, etc.), the booking will be immediately cancelled. The Client will be informed of this by email at the address provided by the Client when booking on the Site. It is the Client's responsibility to save and print their payment certificate if they wish to keep their banking details related to their transaction.
6.2.2 Payment for Gift Vouchers
Payment for the order is made by Visa, Mastercard, or Carte Bleue bank card. The full amount of the order will be charged at the time of order confirmation.
Article 7. PERSONAL DATA In the context of providing the Services or processing an order, the Hotel may process personal data of Clients and Site users, under the conditions set out in the Privacy Policy.
Article 8. INTELLECTUAL PROPERTYThe Hotel's trademark is and remains the exclusive property of the Hotel or is licensed to the Hotel.
The Site and all graphic, textual, visual, and photographic elements appearing on it, namely all illustrations, figurative or non-figurative trademarks, logos, images, drawings, photographs, fonts, texts, decorations, presentation methods, graphic design, or any other element of the Site (hereinafter the "Content"), are and remain the exclusive property of the Hotel or are licensed to the Hotel and are protected, in particular, by intellectual property rights.
The Trademark, the Site, and/or its Content may not, under any circumstances, be modified, reproduced, represented, distributed, displayed, marketed, or integrated into a derivative work or otherwise, in whole or in part, on any medium whatsoever. In general, the Trademarks, the Site, and its Content may only be used for the purpose of browsing the Site and, where applicable, making a reservation or placing an order.
The use of all or part of the Trademarks, the Site, and/or its Content, particularly through downloading, reproduction, transmission, or representation for purposes other than those provided for in these Terms and Conditions, is strictly prohibited.
Article 9. FORCE MAJEUREThe Parties agree to apply Article 1218 of the French Civil Code and the case law of the French courts.
It is specified, for all useful purposes, that personal convenience events are not considered events of force majeure.
Article 10. EVOLUTION / MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Hotel invites the Client to read the General Terms and Conditions of Sale carefully before each reservation and/or purchase, as they may have been modified. The General Terms and Conditions of Sale may be modified and/or supplemented at any time by the Hotel. In this case, the new version of the General Terms and Conditions of Sale will be posted online on the Site in a readable and accessible format to allow the Client to access and easily review them. The General Terms and Conditions of Sale thus modified/supplemented will take effect from the time they are posted online on the Site and will apply only to purchases and/or reservations made after they are posted online; purchases and/or reservations prior to said posting being governed by the previous version of the General Terms and Conditions of Sale.
The Client may save these General Terms and Conditions of Sale on a durable medium by printing them. In the event of a reservation and/or purchase made on the Site, the General Terms and Conditions of Sale, the Specific Conditions of the Reserved Rate or the Cancellation Policy, as the case may be, as well as the Privacy Policy will be attached to the Confirmation Email sent to the Client, allowing the Client to download and/or print them.
Article 11. EVIDENTIARY AGREEMENT
In any event, and particularly in the event of a dispute, the Hotel may validly provide proof of the Client's actions, validations, and instructions, including the entry of required banking information, the computerized records kept in the Hotel's computer systems, as well as the content of the Clients' messages and operations, using connection logs, which the Client acknowledges.
Article 12. GENERAL PROVISIONS
In the event that any provision of the Contract is declared null, inapplicable, or unenforceable by any competent court, the other provisions shall remain valid, applicable, and enforceable unless otherwise provided by said court. The failure of either party to invoke a right or a breach by the other party shall not constitute a waiver of the right to invoke that right or breach in the future. Any waiver shall only be enforceable if it has been expressed in writing by the party from whom it emanates to the other party.
Clause headings are for information purposes only; in the event of a discrepancy between these headings and their content, the content shall prevail.
The fact that the Hotel does not at any given time rely on any of the provisions of the Contract cannot be interpreted as a waiver of its right to rely on them subsequently.
For convenience, an English translation of the General Terms and Conditions of Sale has been prepared. However, in the event of a dispute, only the French text shall prevail.
Article 13. GOVERNING LAW – DISPUTES
13.1 The Contract is governed by French law, without prejudice to any mandatory protective provisions that may be applicable in the consumer's country of residence.
It is recalled that an amicable settlement of the dispute is to be preferred.
In the event of a dispute relating to the Contract or the Services, the Client agrees to first contact the Customer Service department of the relevant Hotel, whose contact details are provided below:
Hôtel Bohem
Address: 53 B rue Lamarck, 75018 Paris
Phone: +33 1 85 61 75 75
Email: contact@bohem-hotel.com
In accordance with Article L.612-1 of the French Consumer Code, you may use the consumer mediation service free of charge for consumer disputes relating to our establishment. If you have contacted the Hotel's Customer Service department to attempt to resolve a dispute amicably and have received a negative response or no response within sixty (60) days of your request, you may contact:
AMECONSO
Address: 197 Boulevard Saint-Germain, 75007 Paris - France – Tel.: +33 (0)9 53 01 02 69 – Email: administratif@mediationconso-ame.com
Website: www.mediationconso-ame.com, which will strive, with complete independence and impartiality, to reach an amicable resolution to the dispute.
The Client remains free to decide whether or not to use mediation.
In the event that the Hotel resorts to mediation, the Client is also free to accept or reject the use of mediation.
Once the mediator's decision has been rendered, each party is free to accept or reject the solution proposed by the mediator.
It is also recalled that, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Client has access to the Online Dispute Resolution (ODR) platform at the following address: ec.europa.eu/consumers/odr
13.2. Any difficulties relating to the interpretation, execution, or expiration of the Contract, the general terms and conditions of sale, or the services shall, in the absence of an amicable agreement under the conditions above, be subject to the exclusive jurisdiction of the competent courts of Paris, even in the event of summary proceedings, third-party claims, or multiple defendants. By way of exception to the foregoing, it is specified that the consumer-client may choose to bring any dispute either before one of the courts with territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event, in accordance with Article R. 631-3 of the Consumer Code.
