Terms of sales

TERMS OF SALES

1. APPLICATION

These general sales conditions (hereinafter: “GSCs”) apply to the sales made by the Hotel (hereinafter: “the Company”) with the Client.

They cancel and replace any prior version that has been placed online and/or accepted by the Client.

These GSCs apply to all uses of the Websites, available at the following address:

- https://www.regina-hotel.com/ (hereinafter referred to as “the Site”),

- https://www.raphael-hotel.com/ (hereinafter referred to as “the Site”),

- https://www.majestic-hotel.com/ (hereinafter referred to as “the Site”),

- https://www.majestic-appartementschampselysees.com/(hereinafter referred to as “the Site”),

- https://leshotelsbaverez.com/ (hereinafter referred to as “the Site”), notably, to the commercialisation, by Internet and by telephone, of all of the services offered on the Site by LES HOTELS BAVAREZ.

It is therefore critical that the Client read attentively the GSCs that are referenced by hypertext link on each page of the site. In particular, the Client is advised to download and/or print these on the day of his/her order, so as to keep a copy of these, as they are subject to modification. However, it is hereby stipulated that such modifications shall be inapplicable to the orders of Services placed previously.

The GSCs can be supplemented by specific sales conditions contained in the description of the service, as well as by the general conditions of the providers, which can be accessed either on their Internet Site, or on the premises.

2. ACCESS CONDITIONS TO THE SITE

3. CAPACITY

The Client acknowledges that s/he has the capacity to enter into a contract, i.e. that it is an adult as defined by law and is not under guardianship or trusteeship.

The Client also declares that it will use the Site in accordance with these GSCs, in its name and on behalf of all of the beneficiaries of the services ordered by it on the Site, of which it acknowledges that it is the representative (hereinafter: the “Beneficiaries”) and on which these GSCs are binding.

The Client is financially responsible for the use of the Site in both his/her own name and on behalf of the Beneficiaries, unless s/he demonstrates fraudulent use that does not result from any fault or negligence by her/him.

The Client warrants the veracity and the accuracy of the information provided by him/her in its name and on behalf of all of the Beneficiaries using its data on the Site.

The Company reserves the right at any time not to enter into a contract with a Client who engages in fraudulent use of the Site or that violates these GSCs.

The terms of Article 313-1 of the French Criminal Code [Code Pénal] are hereby recalled in this connection:"Fraud is characterised either by the use of a false name or a false status, or by the misuse of a genuine status, or by the use of fraudulent ploys to deceive a natural person or legal entity and to define it as such, to its prejudice or to the prejudice of a third-party, to submit funds, securities, or any asset, to supply a service, or to grant an act entailing an obligation or a release. Fraud is punished by five years of imprisonment and a fine of € 375,000.”

4. ACCOMMODATION

Rooms will be available from 3pm on the day of arrival and until noon on the day of departure. After this time, an additional night’s stay will be charged.

The rates, terms and conditions of reservations are intended for the sale of hotel rooms in accordance with their primary purpose: as a place to sleep. The hotel reserves the right to modify or cancel reservation(s) if rooms are used for other purposes such as parties, dinners, meetings, photo or video shoots, film or interview shoots, written or filmed interviews, shootings for social networks, showrooms, etc. (non-exhaustive list) without prior written authorization from management.

The number of guests in the rooms may not exceed the number of people reserved and may not exceed the maximum capacity of the rooms declared to the Paris Police Prefecture (declaration available from the hotel management).

5. RIGHT OF WITHDRAWAL

Pursuant to the provisions of Article L. 221-28 of the French Consumption Code [Code de la Consommation], the services offered on the Website by the Hotel are not subject to the application of the right of withdrawal mentioned in Articles L. 221-18 et seq. of the Consumption Code concerning distance sales.

Consequently, the services ordered on the Site are exclusively subject to the cancellation and modification conditions contained in these GSCs and the Client cannot invoke the right of withdrawal.

6. PRICES

The prices are indicated in euros. VAT is included in the prices indicated. Any change of the applicable rate, or any modification or introduction of new official taxes established by the competent authorities, shall be automatically passed onto the prices indicated on the invoice date.

The prices are understood to cover one room for the number of persons indicated and in accordance with the period selected.

The prices indicated only include the services specifically mentioned in the reservation. The price mentioned in the reservation shall be increased by the price of the additional services supplied by the hotel at the time of the stay, and, if applicable, the visitors’ tax.

The prices mentioned on the Site are subject to modification at any time by the hotel without prior information or notice. Only the price indicated in the reservation confirmation by the Company is contractual.

No stay reserved prior to the introduction of a promotional offer shall be subject to reimbursement, including partial.

Payment can be done in your own currency when using your Visa or Mastercard.

7. ONLINE ORDERS

When placing its order, the Client must necessarily:

• fill out the identification sheet on which s/he will indicate all of the contact information requested or give his/her Client number if s/he has one,
• fill out the online order form and give all of the references of the products or services chosen,
• confirm his/her order after having checked it,
• make payment in the stipulated conditions and confirm his/her order and its payment in the event s/he opts for an advance purchase style plan, or send the Company his/her bank account information if s/he opts for a flexible plan.

Any reservation of 5 rooms or more is considered as a group and may result in special sales conditions and additional fees.

The confirmation of the order entails acceptance of these sales conditions, acknowledgment of full cognisance thereof, and an undertaking not to rely on his/her own purchasing conditions or other conditions.

All of the data supplied and the registered confirmation shall be proof of the transaction. Confirmation shall be deemed as signature and acceptance of the transactions executed.

The Company shall send the Client, by any means (e-mail, regular postal mail, etc.) confirmation of the recorded order.

The reservation is only firm and final after the Client has received the confirmation sent by the Company.

The hotel reserves the right to cancel reservations if the client does not respect the sales conditions requested.

Please note that the photos on our website are for illustrative purposes and are not contractual.

8. ONLINE PAYMENT CONDITIONS

According to the type of reservation made, the price is due in full at the time of the placing of the order (advance purchase style plan) or at the end of the Client’s stay at the Hotel (flexible plan).

Regardless of the circumstances and in order to guarantee his/her reservation, the Client is asked to communicate his/her credit card number, which shall be transmitted by secure means.

If payment is made at the time the order is placed, the credit card information transmitted by the Client to the Company via a secure system shall enable the latter to debit the card for the total amount of the stay, in all cases by secure means. The Client’s credit card is debited on the day of the order; the invoice is transmitted by the Company to the Client on the day the Client leaves the Hotel.

Please be advised that the credit card used to make the reservation must be presented at check-in, as well as valid identification. The cardholder’s name must match the guest’s name. If the same credit card cannot be presented, the guest will need to present a new credit card for full payment to be taken upon arrival.

Please note that the hotel proceeds to a pre-authorization on your credit card to ensure sufficient funds are available to cover the charges for your stay at any time prior to arrival.

9. MODIFICATION AND/OR CANCELLATION OF A RESERVATION

Reservation cancellations and/or modifications can be authorised in accordance with the pricing plan chosen by the Client.

The hotel offers several rate plans, including flexible, semi-flexible, and non-refundable rates. Each of these rate plans is subject to separate cancellation conditions, as indicated at the time of booking. Please note that cancellation conditions may vary depending on the rate plan chosen at the time of booking.

• reservation@regina-hotel.com,
• reservation@raphael-hotel.com,
• reservation@majestic-hotel.com

Additional fees may apply based on modifications made to your reservation in accordance with the conditions of the selected rate plan.

The date of receipt – Paris time – of the modification and/or cancellation request (via email, postal mail, or phone) is the cancellation date.

Modification and/or cancellation of a reservation are only firm and definitive upon receiving confirmation by email from the Hotel.

If the Customer does not check into the Hotel, and in the absence of cancellation:

• The entire reservation amount will be retained by the Hotel for prepaid or "advance purchase" reservations.
• The first night will be charged by the Hotel for reservations under a "Flexible Plan" rate.
• Additionally, for stays of at least 2 nights, if the Customer does not check into the Hotel on the first day of the stay, the Hotel is not obligated to keep the room available for the Customer for the remainder of the stay.

Customers are required to plan for check-in at the Hotel on the arrival day before 6:00 PM and to inform the hotel in case of late arrival, failing which they may be considered as not having checked into the Hotel on the first day of the stay.

In the case of early departure of the Client during the stay, the entire stay will be charged.

10. TRANSFER OF THE CLIENT TO ANOTHER HOTEL

If the Hotel is not available, or in a force majeure situation, the Hotel reserves the right to have the Client stay, for all or part of the duration of the stay, in a hotel of an equivalent or higher category, offering services of the same type. In this case, the transfer shall be paid for by the hotel, which cannot be asked to pay any additional compensation.

11. RELATED SERVICES – PACKAGES

Orders for related services and/or packages (extras) can only be placed at the same time as the reservation of a stay at the hotel on a given, predetermined date.

They can only be used by the Client during the Client’s stay at the Hotel. They can only be modified and/or cancelled in the conditions defined in Article VII of this document.

12. FORCE MAJEURE

Force majeure is understood as any event that is unrelated to the parties and that is both unforeseeable and insurmountable, that prevents either the client, or the hotelier, from performing all or some of the obligations contained in the contract.

It is expressly agreed that the force majeure situation shall suspend the parties’ performance of their reciprocal obligations and that each party shall pay the resulting expenses.In particular, Clients shall pay all of the additional expenses that could be incurred in order to make it possible to continue the trip, following the occurrence of a force majeure situation.

13. COMPLAINTS

Any complaints must be sent to the following address: LES HOTELS BAVAREZ - 2 PLACE DES PYRAMIDES - 75001 PARIS - FRANCE, within 15 days following the stay that is the subject of the complaint. Thereafter, no complaint shall be considered.

14. WiFi ACCESS POLICY

The Company offers Wi-Fi Internet access. The Client undertakes that the computer resources made available to him/her shall not in any manner be used for the purposes:

• of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by neighbouring rights, such as texts, photographic images, audio-visual musical works, software programs and video games, without the authorisation of the holders of the right indicated in Book I and II [Livre I et II] of the French Intellectual Property Code [Code de la propriété intellectuelle] if this authorisation is required.
• which could harm the Hotel.
• which may threaten the security of the Hotel.

15. LIABILITY

The Company may exercise its right to refuse, for legitimate reasons, the storage of items belonging to the Customer during their stay. The Company provides justification for this refusal to the Customer.

In the event of theft or damage to items of any kind belonging to the Customer, except in cases where these items have been entrusted to the Company or items whose storage has been refused by the Company without legitimate reason, the Company's liability is limited in accordance with the provisions of Article 1953 of the Civil Code.

The Client shall be held responsible for any damage, deterioration, or any act of vandalism that could occur as a result of the occupancy of the premises and/or due to the act or fault of the participants and/or of the personal for which the Client is responsible, to movable property, decorations and immovable property, whether or not these belong to the hotel. Accordingly, the Company is fully entitled to ask the Client to vacate the hotel without any compensation and without any reimbursement for the stay in progress, and to reimburse the damages caused by these acts.

The Company, in the online sales process, is only bound by a best-efforts obligation. It cannot incur liability for damage resulting from the use of the Internet network, such as lost data, intrusion, virus, interruption of service, or other involuntary problems.

16. DATA PROTECTION

As a controller, Hôtel Regina processes data about you for the following purposes:

• taking steps at the request of the data subject prior to entering into a contract;
• executing and performing services;
• managing the customers’ reservations and stays;
• managing relationships with its partners;
• managing contracts entered into with the data subjects;
• managing its activities;
• managing its websites;
• measuring the quality and satisfaction of its customers;
• ensuring customer satisfaction;
• continuously improving the quality of its products and services;
• improving knowledge of its customers;
• compiling statistics.

To find out more on how to manage your personal data and exercise your rights, please read the Data Protection Policy available at the following address:

For Hôtel Regina: https://www.regina-hotel.com/en/page/data-protection-and-privacy-policy-luxury-hotels-paris.3043.html.

For Hôtel Raphael :

https://www.raphael-hotel.com/fr/page/donnees-hotel-5-etoiles-paris-16.3451.html

For Hôtel Majestic :

https://www.majestic-hotel.com/fr/page/hotels-baverez-paris-protection-donnees.3330.html

For further information on our data protection policy, you can contact the Data Protection Officer of Hotêl Regina by email at: contact-dpo@hotels-baverez.com, or by mail to the following address:, LES HOTELS BAVAREZ - DATA PROTECTION OFFICER (DPO) - 2 PLACE DES PYRAMIDES - 75001 PARIS - FRANCE.

17. TELEMARKETING OPPOSITION

The Customer who does not wish to be subject to commercial prospecting by telephone is informed that they have the right to oppose telemarketing by entering their landline and/or mobile phone numbers on the free opposition list accessible via the website www.bloctel.gouv.fr

The Customer is informed that the effective processing of their request takes place within 30 days from the confirmation of their registration. This registration is valid for a duration of 3 years.

18. INTELLECTUAL PROPERTY

These terms and conditions do not involve any transfer of any kind of property rights, including intellectual property rights, to the elements belonging to the Company for the benefit of the Customer, who, in any case, refrains from any action and any act that may directly or indirectly infringe upon the intellectual property rights of the Company.

In this regard, it is specified that the content of the Site, the overall structure, as well as trademarks, designs, models, animated or non-animated images, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, and all other elements composing the Site or any other information contained therein, without this list being exhaustive, are the exclusive property of the Company or partners or third parties who have granted a license to it, and are protected by intellectual property rights that are or will be recognized according to the laws in force.

Any reproduction and/or representation, in whole or in part, of any of these elements, without the express authorization of the Company, is prohibited and would constitute, in particular but not exclusively, infringement punishable by the provisions of the Intellectual Property Code.

19. CONSUMER OMBUDSMAN

In the case of a dispute regarding these General Terms and Conditoins of Sales, and only in the case that the customer is a consumer, the latter is informed by the Company of the possibility to use the consumer mediation procedure under the conditions provided for in Title I of Book VI of the French Consumption Code [Code de la Consommation].

The contact details of the competent consumer ombudsman are the following: CMAP Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris, France; telephone number +33 (0)1 44 95 11 40, email address www.cmap.fr/consommateurs.

In order to be able to refer the matter to the aforementioned consumer ombudsman, the customer must demonstrate that he has previously tried to resolve the dispute directly with the Company by way of a written complaint filed directly on CMAP’s website/consumer mediation.

Les Hôtels Baverez also inform the Client of the existence of a European Online Dispute Resolution (ODR) platform that they can use. The Customer can access it through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm

20. LANGUAGE

The French version of these General Terms and Conditions of Sales shall prevail on any other version of them available in another language.

21. GOVERNING LAW

These General Terms and Conditions of Sales are governed by French law. The same shall apply as regards rules of both substance and form. French courts have exclusive jurisdiction to hear disputes.

22. LITIGATION

In the event of a dispute arising from the interpretation, the execution or the termination of these General Terms and Conditions of Sales, the competent jurisdiction will be determined:

• should the customer be a natural person, in accordance with the applicable legal provisions governing the relations between a consumer on the one hand and a professional on the other hand;
• should the customer be a legal entity, any such dispute will fall within the only competence of the Courts of Paris - France.