General Terms and Conditions

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PREAMBULE

These general terms and conditions of sale (hereinafter, the “General Terms and Conditions”) define the contractual relationship between any non-professional user (hereinafter, the “Client”) of the Aria Hotel (hereinafter, the “Hotel”) and its Internet site www.hotel-aria. fr (hereinafter, the “Site”), operated by HOTELIERE MERIDIONALE SAS, a simplified joint stock company, registered in the Trade and Companies Register under the number 956 804 009 00010 , with its registered office at 15 AV AUBER 06000 NICE, FRANCE, whose VAT number is FR67956804009 (hereinafter, the “Provider”), from the time of booking to the time of departure of the Customer from the Hotel, as well as the conditions applicable to any reservation made through the reservation services of the Hotel’s Website. The Provider reserves the right to amend the Terms and Conditions in whole or in part at any time. In this case, the new version of the General Terms and Conditions shall be available on the Website with its effective date. The applicable conditions will be those in force at the date of validation of the Client’s reservation. The Client declares that he has read the General Conditions, which must be accepted before any reservation can be validated. Any validated reservation implies the express and complete acceptance of the General Conditions and the waiver of the Client’s own conditions of purchase or other conditions. When a reservation is made on the Hotel’s website, the Customer declares that he/she has read the General Terms and Conditions and has accepted them by checking the box provided for this purpose before validating the reservation. The Customer has the option of saving and editing these General Terms and Conditions using the standard features of his/her browser or computer.

SCOPE OF APPLICATION

The General Terms and Conditions apply to all bookings made directly with the Provider or via the Internet through the booking services of the Hotel’s Website. The General Terms and Conditions apply to all services offered by the Hotel. The recording of the reservation and the sending of the confirmation shall be deemed proof of the transaction and acceptance of the operations performed.

CAPACITY

The Customer declares that he/she is acting for personal purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity and that he/she has the full legal capacity to commit himself/herself under these General Conditions. The Customer declares that he/she is responsible for the use of the Hotel’s reservation site, both on his/her own behalf and on behalf of third parties, in particular minors. In this respect, the Customer guarantees the truthfulness and accuracy of the information provided, both by him/herself and by the minors for whom he/she is responsible at the time of booking. Fraudulent use of the Hotel’s reservation services or which contravenes the General Terms and Conditions may result in the refusal of access to the services offered and give rise to prosecution before the competent courts.

FORMATION OF THE CONTRACT

The contract is deemed to be formed once a booking number has been allocated by the Provider to the Client, and communicated at the time of confirmation of the booking, and this by any means of communication (telephone, email, post, etc.).

RESERVATION

The Customer chooses services from among those offered by the Provider and presented on the Hotel’s Website according to his/her needs. The Customer acknowledges that he/she has taken cognisance of the nature, purpose and booking terms of the services available on the Hotel Site and that he/she has requested and obtained the necessary and/or additional information in order to make his/her booking 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, so that the Provider cannot be held liable in this respect. The booking is deemed accepted by the Client at the end of the booking process.

Booking terms and conditions

Reservations for the services offered by the Hotel may be made by telephone on the following number: +33(0) 4 93 88 30 69, by email or online via the Hotel’s website contact@hotel-aria.fr Written confirmation of the reservation will be sent to the Client as soon as possible, and at the latest within eight (8) days of the reservation, by any means of communication. This confirmation will include the essential elements of the reservation, such as the type of room reserved, the number of nights, the price and the expected date of availability, as well as any other services that may have been included by the Client in his reservation request.

PROOF OF TRANSACTION

It is expressly agreed that, unless an obvious error is proven by the Client, the data kept in the Provider’s information system, on computer or electronic media, have evidential value concerning the reservations made by the Client. Consequently, such data may be produced as evidence in any litigation or other proceedings, and shall be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same evidential force as any document that would be established, received or kept in writing.

PRIX

The prices relating to the booking are indicated before and at the time of booking. The amount to be paid by the Client includes the price of the stay (unit price of the room selected by the Client multiplied by the number of nights) plus the options chosen at the time of booking (unit price multiplied by the quantity ordered), if applicable. Unless otherwise stated on the Site, options (breakfast) that are not offered at the time of booking are not included in the price. The prices are indicated inclusive of all taxes (VAT included), in euros, and are only valid for the date or period indicated on the Site. The tourist tax, indicated for each rate, is to be paid directly to the Hotel unless otherwise specified at the time of booking. Any change or introduction of new governmental or local taxes imposed by the competent authorities will automatically be reflected in the prices indicated at the time of invoicing. For reservations made online on the Hotel’s website, the Customer may choose between several rates: a preferential rate for a non-changeable and non-refundable reservation ; a flexible rate for a modifiable and refundable reservation, for which the conditions of modification and refund are specified. The Provider reserves the right to change at any time and without prior notice the prices shown in the brochures and other commercial material, as well as the prices displayed in the establishments. Such changes will be inapplicable to bookings previously accepted by the Provider. At the time of booking, the Client must communicate the authentication elements of his/her bank card, in order to validate the booking. Failure to do so will result in the automatic cancellation of the reservation. The Hotel may also ask the Customer to show proof of identity in order to prevent credit card fraud. for the preferential rate with prepayment: the total price of the reservation shall be debited at the time of reservation to the credit card provided by the Customer. The Client expressly acknowledges that this is a prepayment and that his/her card will be debited before his/her stay. The reservation validated by the Client will only be considered effective after the agreement of the bank payment centres concerned. In the event of refusal by the said centres, the reservation will be automatically cancelled. Payment must be made with one of the credit cards indicated on the Site, through a secure internet page. The Client’s credit card details will be encrypted with SSL (Secured Socket Layer) protocol up to 128 bits. The Customer’s credit card details can never pass through the Internet without being encrypted. For the flexible rate: no prepayment is required at the time of booking. The Client’s credit card number is required to validate the booking but the Client’s credit card will not be debited. Payment for the reservation must be made to the Provider directly at the Hotel upon the Client’s departure. for rates not paid online: the Hotel may ask the Customer, upon arrival, for a deposit or an authorisation to debit the credit card in order to guarantee payment of the amounts corresponding to the services consumed on site. Payment of extras: any extras (bar, telephone, etc.) that are not explicitly included in the rates shall be payable directly on site at the end of the stay. Failing this, the Client expressly authorises the Provider to debit the bank card left as a guarantee for the payment of the extras.

MODIFICATION OF THE BOOKING

This provision does not apply to bookings made at the preferential rate. Modification at the request of the Client: changes to bookings may be made free of charge, subject to availability. Any additional costs incurred as a result of changes requested by the Client will be invoiced separately. Modification at the Provider’s request: in the event of unavailability of the reserved rooms due to unforeseen circumstances, the Provider undertakes to relocate the Client, at no extra cost, to a hotel of at least equivalent standing. The transfer costs associated with this relocation will be borne by the Provider.

CANCELLATION OF THE BOOKING

The Client is reminded that, in accordance with Article L. 121-20-4 of the French Consumer Code, he/she does not have the right of withdrawal provided for in Article L. 121-20 of the French Consumer Code. Bookings made at the preferential rate cannot be cancelled by the Client. For other bookings, any cancellation must be sent by email with the booking number. For bookings made on the Hotel’s website, the Customer may cancel the booking by clicking on the link at the end of the confirmation email and following the instructions displayed on the screen. If the reservation includes a booking fee, this fee is non-refundable. The amount of the fee charged to the Client in the event of cancellation of their booking is indicated at the time of booking. In the event of cancellation, if the Client has paid all or part of the booking online, this amount will be refunded after deduction of the cancellation fee. It is advisable to cancel as soon as possible once the cause for cancellation has occurred. For the purpose of calculating the cancellation period, it is agreed that the “Expected date of arrival” shall be the day of the first scheduled night at noon (12:00) local time. Cancellation by the Client for a one-night stay: this cancellation must be made at least one (1) day before the planned date of arrival. For cancellations made less than one (1) day before the scheduled arrival date or in the event of no-shows, the full amount of the reservation will be charged, excluding extras. Cancellation by the Client for a stay of more than one night: this cancellation must be made at least one (1) day before the planned date of arrival. For cancellations made less than one (1) day before the scheduled arrival date or in the event of no-shows, the first night will be charged, excluding extras. Cancellation by the Provider: in case of cancellation by the Provider, no fee will be charged to the Client. The reception is open 24 hours a day. Unless otherwise expressly agreed, the Client may arrive at the Hotel from 2 p.m. on the first day of the reservation and must leave the room before 11 a.m. on the day the reservation ends. Failure to do so will result in an additional night’s stay being charged. The Client accepts and undertakes to use the room and the common areas made available to him/her in a responsible manner. Any behaviour that is contrary to the principles of safety and/or hygiene, good morals and/or public order may lead the Provider to ask the Client to leave the Hotel without any compensation and/or without any reimbursement if payment has already been made. Any damage caused by the Customer to the reserved room may be charged directly to the Customer. Penalties of up to the price of the room booked may be applied if the Customer fails to comply with the no-smoking sign in the room, when posted. The Customer also undertakes to ensure that the computer resources made available by the Hotel (in particular the WiFi network) are not used in any way for the purpose of reproducing, representing, making available or communicating to the public works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual 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.

CUSTOMER’S DISCLAIMERS AND RESPONSIBILITY

The Client is solely responsible for the information communicated at the time of the creation of his account and/or any reservation. The Provider shall not be held responsible for any erroneous or fraudulent information provided by the Client. In addition, the Client alone is responsible for the use of his/her account and any reservation made, both in his/her own name and on behalf of third parties, including minors, unless it can be shown that the use was fraudulent and not due to any fault or negligence on his/her part. In this respect, the Provider shall be immediately notified of any misappropriation or fraudulent use of its e-mail address. The Customer undertakes to use the Hotel’s Website and the services offered therein in accordance with the applicable regulations and these General Terms and Conditions. In the event that the Customer fails to comply with his/her obligations under these Terms and Conditions, the Customer shall be liable for any damage caused by him/her to the Hotel, the Provider or third parties. In this respect, the Customer undertakes to indemnify the Provider against all claims, actions or remedies of any kind that may result and to compensate the Provider for any damages, costs or compensation whatsoever relating thereto. In particular, by making a definitive reservation, the Client undertakes to pay the price and to comply with any special conditions relating thereto. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the order at the Client’s expense, without prejudice to any civil or criminal action against the Client.

RESPONSIBILITY OF THE PROVIDER

In the online booking process, the Provider is bound by an obligation of means. The Provider shall not be liable for any damage resulting from the use of the Internet network such as, in particular, loss of data, intrusion, virus, service interruption, etc. Hypertext links may lead to sites other than the Hotel’s site, which accepts no responsibility for the content of these sites or the services offered. The decision to consult third-party Internet sites is therefore the full and entire responsibility of the Customer. The photographs presented on the Hotel Site are not contractually binding. Although every effort is made to ensure that the photographs, graphics and texts reproduced to illustrate the Hotel give as accurate an idea as possible of the services offered, variations may occur, in particular due to changes in furnishings or possible renovations. The Client shall not be entitled to make any claim as a result. In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements making up the offers on the Hotel’s website is strictly prohibited. The Provider shall not be liable for any indirect damages arising from the present, in particular from a third party, from the Customer or from the Hotel’s partners.

PERSONAL DATA

The Customer acknowledges and accepts that the Hotel, as the data controller, collects and processes the personal data required for the purpose of managing reservations and customers, for the purposes of invoicing and payments, and for conducting its commercial actions and satisfaction surveys. The data is intended for use by the Hotel and its service providers. The Customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers and information by the presence of an asterisk. The processing of information communicated via the Hotel’s website complies with the legal requirements regarding the protection of personal data, as the information system used ensures optimal protection of such data. The Customer has the right to access, rectify and delete personal data concerning him/her, in accordance with current national and European regulations, and may oppose the processing of his/her data. To exercise these rights, the Customer must contact the Hotel by mail or email at the following address Hotel Aria 15 avenue Auber 06000 Nice Email: contact@hotel-aria.fr Site: www.hotel-aria.fr The Customer is also informed of his right, pursuant to Article L.223-2 of the French Consumer Code, to register on the opposition list to telephone canvassing at the time of collection of his telephone details.

COOKIES

The Site resorts to the use of cookies. A cookie is a computer file, stored on the hard disk of the Client’s computer. Its purpose is to indicate a previous visit by the Customer to the Hotel’s Website. Cookies are only used by the Provider to personalise the service offered to the Customer. The Customer may refuse cookies by configuring his/her Internet browser. He then loses the possibility to personalize the service delivered to him by the Provider via the Website.

INTELLECTUAL PROPERTY

With respect to the use of the Hotel Site, the Provider owns all intellectual property rights relating to the Site. The elements accessible on the Site, in particular in the form of texts, photographs, images, icons, video sounds, software, databases, are also protected by intellectual and industrial property rights and other private rights held by the Provider. Except with the express, written and prior agreement of the Provider, it is expressly forbidden to reproduce, exploit, disseminate or use for any purpose whatsoever, even partially, elements present on the Site, or to disseminate a simple or hypertext link.

INTEGRALITY OF THE CONTRACT

The present General Conditions, the conditions of sale of the fare booked by the Client and the booking confirmation express the entirety of the obligations of the parties and constitute the confirmation of the contract including all the information provided for in Article L. 221-5 of the Consumer Code within the meaning of Article L. 221-13 of the Consumer Code. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking confirmation, including the special conditions of the fare booked, which have been validated by the Client and these General Conditions. In the event of any contradiction between the booking confirmation and the General Conditions, the provisions set out on the booking confirmation validated by the Client shall be the only ones applicable for the obligation in question.

FORCE MAJEURE

The Provider, the Hotel and the Customer shall not be held liable in the event of non-performance of their obligations resulting from an event of force majeure, as defined in Article 1218 of the Civil Code. It is expressly agreed that force majeure shall suspend the performance of the parties’ mutual obligations. Each of the parties shall bear the burden of all costs incumbent on it resulting from the force majeure event.

CLAIMS

Any complaint relating to a reservation must be sent by the Client by registered mail with acknowledgement of receipt to the following Hotel address, at the latest within fifteen (15) days following the last night’s stay, on pain of foreclosure:

JURISDICTION

These General Conditions and the contractual relationship between the Provider and the Client are subject to French law. ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL TERMS AND CONDITIONS COULD GIVE RISE CONCERNING BOTH THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND THE CONSEQUENCES AND WHICH COULD NOT BE RESOLVED BETWEEN THE PROVIDER AND THE CLIENT WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW. However, the Client undertakes to seek an amicable solution before taking any legal action. The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Tourism and Travel Mediator, whose contact details are as follows MTV Travel Tourism Mediation BP 80 303 75823 Paris Cedex Email: info@mtv.travel For more information on the Travel Industry Ombudsman, the Customer may consult his website: www.mtv.travel. The Customer is informed that he can go to the European platform for Online Dispute Resolution (ODR) between consumers and professionals: https://ec.europa.eu/consumers/odr/main/index.cfm

PRECONTRACTUAL INFORMATION

The Customer acknowledges that, prior to confirming his/her reservation, he/she has been provided, on the Hotel’s Website, in a legible and comprehensible manner, and on a durable medium, with these General Terms and Conditions and all the pre-contractual information provided for in Articles L. 221-5 and L. 221-11 of the French Consumer Code, and in particular: the essential characteristics of the services, taking into account the communication medium used and the service concerned the price of the service and its associated costs; in the absence of immediate execution of the contract, the date or deadline by which the Service Provider undertakes to execute the service; information on the Provider’s identity, postal, telephone and electronic contact details and activities, insofar as not apparent from the context information relating to legal guarantees and their implementation; the functionalities of the digital content and, where appropriate, its interoperability; the possibility of resorting to conventional mediation in the event of a dispute; the non-applicability of the right of withdrawal. information on the costs, if any, of using the means of distance communication, the existence of codes of good conduct, if any, deposits and guarantees, termination arrangements, dispute resolution methods and other contractual conditions.