GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE 2023
Meetings, business groups and special events
ARTICLE 1. APPLICATION OF THE GENERAL CONDITIONS OF
GENERAL CONDITIONS OF SALE (GCS): These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") apply to the sale of hotel services, including in particular seminars, meetings and events (hereinafter referred to as the "Event"), provided by the Hotel referred to in the contract/quotation attached hereto, to any contracting party (hereinafter referred to as the "Customer"). These General Terms and Conditions are sent to the Customer at the same time as the contract/quotation, to enable the Customer to make a reservation. Any reservation therefore implies the Customer's full and unreserved acceptance of the contract/quotation and these GCS. The GCS and the associated contract/quotation form an indissociable whole. In the event of any contradiction between the provisions contained in the contract/quotation signed by the Customer and those contained in these GCS, the provisions of the contract/quotation shall prevail. Any General Terms and Conditions of Purchase (GTCP) proposed by the Customer are expressly excluded from the quotation/contract/GTCP. The Customer undertakes to communicate to the participants in the Event (hereinafter referred to as "Participants") the provisions of these GTC which may be directly applicable to them and to obtain their express consent to their observance throughout the duration of the Event.
ARTICLE 2. DURATION : This contract will take effect from the date of signature of the contract/quotation and will automatically terminate on the date of the last fulfilment of the obligations set out in the contract/quotation and these GTC. The contract/quotation and the GTC may not be tacitly renewed under any circumstances.
ARTICLE 3. CONFIRMATION OF RESERVATION : The Customer must
confirm the reservation in writing before the option date indicated in the contract/quotation and return to the Hotel a copy of the contract/quotation and the General Terms and Conditions duly dated, initialled on each page and signed by the Customer, bearing the words "Good for agreement" and the Customer's stamp. These documents must be accompanied by payment of the deposit referred to in article 11, which constitutes a substantial and determining condition of the reservation for the Hotel. Once the Customer has signed the contract/quotation, he/she will be liable for the deposit. If the Customer fails to pay the deposit by the deadline specified in the contract/quotation, the Hotel will not confirm the reservation and will not guarantee the availability of the reserved spaces/rooms. If the deposit is not paid, the Hotel shall consider this to be a cancellation and the Customer undertakes to pay any sums that may be due in accordance with the cancellation conditions set out in Article 7 hereof. In any event, if the services ordered (number of rooms and/or meals and/or meeting rooms) turn out to be at least ten per cent (10%) less than the initial contract/quotation, the Customer may be invoiced different rates from those in the contract/quotation due to the reduced services.
ARTICLE 4: ORGANISATION OF BOOKINGS :
1/ Rooms : The Client must send the Hotel, in writing, the "rooming list" (a list of the names of the Participants in the Event and the allocation of rooms), no later than eight (8) days before the planned date of arrival. Reserved rooms are made available to Participants from 3:00 pm on the day of arrival. Rooms must be vacated by noon on the day of departure at the latest. Any delay will result in the invoicing of an additional night at the public rate displayed.
2/ Cutlery : The Hotel informs and describes the services available to the Customer. The Customer remains responsible for his/her choice of services and for ensuring that they meet his/her needs, without the Hotel being held liable in this respect. The Customer must confirm in writing the exact number of place settings planned for each meal as well as his/her choice of catering at least eight (8) working days before the start date of the Event. After this date and/or in the event of a discrepancy between the details confirmed by the Customer and those last accepted by the Hotel, the Hotel reserves the right to impose a choice in the category of services last selected by the Customer and/or to refuse the additional services requested, without being held liable in this respect. It is hereby specified that catering not consumed as part of a package cannot give rise to a reduction in the price. Any reduction in the services ordered (number of meals, buffet, cocktail or other) is considered to be a partial cancellation of the reservation, giving rise to the application of article 7 of these conditions.
3/ Provision of space : In the event that the number of Participants turns out to be less than the number stipulated in the contract/quotation or ultimately accepted by the Hotel, the Customer may be allocated a space other than the one initially planned, for reasons inherent in the management of the Hotel. Likewise, it is expressly stipulated that the Customer shall have no recourse against the Hotel and/or may not claim damages in the event that work (including any type of renovation, maintenance, etc.) takes place, during all or part of the services, inside or outside the Hotel. Any request by the Client to modify the set-up (change of furniture, room, or any other element of the space) in relation to the contract/quotation or as last accepted by the Hotel must be made in writing no later than forty-eight (48) hours prior to the start of the Event. The Hotel will make its best efforts to implement the changes. After this forty-eight (48) hour notice period, the Hotel will apply a surcharge based on the changes requested by the Customer.
ARTICLE 5. MODIFICATION OF SERVICES : All requests
Any request for a change in services in relation to the accepted contract/quotation must be sent to the Hotel in writing and will be duly invoiced. The Hotel may, at any time, refuse the request for a change in services, without having to give reasons for its refusal. In the absence of written acceptance by the Hotel within eight (8) days of receipt of the request, the contract/quotation shall be deemed to apply in accordance with the terms and conditions set out in the contract/quotation accepted by the Customer. In this case, the Hotel shall not be liable to pay any compensation whatsoever. If the number of Participants exceeds the number indicated in the contract/quotation, the Hotel will only confirm the availability of the spaces by express written agreement, subject to the availability of other spaces and after receipt of the additional deposit corresponding to the difference in the reservation. In the event of non-availability, the contract/quotation shall be deemed to apply in accordance with the terms and conditions set out in the contract/quotation.
ARTICLE 6. NO-SHOWS : In the event of "no-shows" (failure to cancel/modify and no-show on the date scheduled for the start of the service), the Hotel will charge the Customer one hundred per cent (100%) of the amount (including tax) of the Event booked for the entire stay/service. The Customer undertakes to pay the sums due in the event of a no-show under the conditions defined in the contract/quotation or in article 11 of these GTCS.
ARTICLE 7. CANCELLATION:
This "Cancellation" article does not apply in the event of force majeure.
As invoicing is based on the services ordered for the entire Event, the Client is invited to pay the greatest attention to the cancellation conditions below. Cancellations of all or part of the initial reservation must be made in writing to the Hotel. Any Event that has begun but is interrupted, regardless of the reason for the interruption, is considered to be a total cancellation of the Event. In the event that the Event is interrupted for any reason whatsoever, the full price (including tax) for the entire agreed stay/service will be collected without any possible recourse on the part of the Client.
1/ Total cancellation : The following are also considered to be total cancellations and will give rise to the application of the cancellation conditions defined below:
- a change in the date of the Event and/or failure to pay deposits on time
- Cancellation equal to and/or more than fifty percent (50%) of the number of rooms per night, the number of Participants per day/person and/or the total amount of the quote.
Any total cancellation will give rise to the application of the cancellation indemnities defined below, and a new quote with new pricing conditions will be offered by the Hotel for the percentage that remains confirmed for a cancellation of fifty percent (50%) and/or more than fifty percent (50%). In the event of non-compliance with the payment deadlines, the Hotel shall be entitled to require the Customer to pay the balance of the Event immediately, with the Customer's payment having to be received by the Hotel within seven (7) working days following the date of the Hotel's written request. If payment is not received within this period, the Event shall be deemed to have been definitively cancelled to the exclusive detriment of the Customer and the Hotel may claim damages from the Customer for the loss suffered, in addition to payment of the balance or the full price.
In the event of total cancellation, by way of compensation, the Hotel shall retain the deposit(s) paid or invoice the Customer as indicated below:
Cancellation received | Amount of compensation |
+ more than 30 days before the date of arrival | The amount of deposits received and/or due at the time of cancellation |
- 30 days before the date arrival | 100% of the amount including reserved services |
The Customer undertakes to pay the total cancellation fees due within seven (7) working days of notification of cancellation by way of compensation.
TEMPORARY PREFERENTIAL TOTAL CANCELLATION CONDITION FOLLOWING COVID19 :
In the event of a French government decree imposing a confinement, a ban on travel or a tightening of current measures preventing the reception of the public or meetings, or imposing more drastic restrictions preventing the event from taking place,
The sums already received by the hotel under the Contract and for the period affected by the event will be converted into a credit note and must be used in the same hotel before the end of the current year.
2/ Partial cancellation : A partial cancellation corresponds to a reduction in the amount of the contract/quotation whatever the cause: reduction in the duration of the Event, reduction of less than fifty per cent (50%) in the number of rooms per night, in the number of Participants per day or in the total amount of the quotation/contract. In the event of partial cancellation of the quotation/contract by the Customer, the cancellation fees incurred are as follows (this schedule may be modified directly in the quotation):
-up to eighty (80) participants:
Cancellation date (D= first day of the Event) | % can be cancelled free of charge - based on the total amount of the quote/contract including VAT | Fees charged beyond the authorised cancellation percentage total amount of the quotation/contract including VAT |
J-60 | 100% applied to a base of less than fifty per cent (50%) |
No charge |
Between D-59 and D-30 | < or = 50% | 50% |
Between D-29 and D-7 | < or = 20% | 80% |
After D-7 | 0% | 100% |
|
- more than eighty (80) participants:
Cancellation date (D= first day of the Event) | % can be cancelled free of charge - based on the total amount of the quote/contract including VAT | Fees charged beyond the authorised cancellation percentage total amount of the quotation/contract including VAT |
J-365 | 100% applied to a base of less than fifty per cent (50%) | No charge |
Between D-364 and D-180 | < or = 50% | 50% |
Between D-179 and D-60 | < or = 20% | 80% |
Between D-59 and D-30 | < or = 10% | 90% |
After D-30 | 0% | 100% |
The Customer undertakes to pay the cancellation fees due in the event of partial cancellation within seven (7) working days of notification of cancellation by way of compensation.
3/ Revision of conditions : The above cancellation conditions may be modified depending on the operating requirements of the Hotel and/or the exceptional or complex nature of the Event, in accordance with the terms and conditions to be agreed between the Hotel and the Customer. ARTICLE 8. DELEGATION : In the event that the Hotel is unavailable, in the event of force majeure, technical problems at the Hotel, works or for any other reason, the Hotel will make its best efforts to accommodate the Participants in whole or in part in a Hotel of an equivalent category, with all costs inherent in the transfer remaining the responsibility of the Hotel (except in the event of force majeure), which may not be called upon to pay any additional compensation or request a reduction in price.
ARTICLE 9. PRIZES : Rates are expressed in euros, exclusive of tax. The rates shown on the contract/quotation are given for a period up to an option date before which the Customer must confirm his/her reservation to the Hotel. After this date, they are subject to change. The rate of VAT and/or any other tax applied to the contract/quotation rates, whether they are expressed exclusive of VAT and/or inclusive of VAT, will be the rate in force on each invoice date. The applicable rates are those in force on the day on which the Event takes place. The rates may be increased by the tourist tax and the additional departmental and/or regional tourist tax in certain towns. They will be modified in the event of legislative and/or regulatory changes likely to lead to price variations such as: modification of the applicable VAT rate, introduction of new taxes, modification of the system of an existing tax, etc.
ARTICLE 10. OVERTIME FOR OPENING HOURS
LATE: The rental period for the spaces is as follows: either from eight o'clock (08:00) to nineteen o'clock (19:00), or from nineteen o'clock (19:00) to midnight (24:00). Beyond these periods, additional availability charges will be applied on the basis of the rates in force. The Customer will be billed for staff costs relating to overtime: beyond sixteen hours (16:00) for a lunch and beyond twenty-three hours (23:00) for a dinner/cocktail, on the basis of the rates in force.
ARTICLE 11. PAYMENT TERMS :
1/ Down payments: A deposit in the amount of eighty-five per cent (85%) (unless otherwise stipulated in the contract/quotation) calculated on the total amount (including tax) of the Event booked, must be paid by the Customer in accordance with the schedule below. This deposit may be increased to one hundred per cent (100%) of the total amount (including tax) of the Event booked depending on the imperatives of the operation, the specific features of the Event or exceptional circumstances such as events, fairs, exhibitions, and the Customer's specific requirements. In the event that the Customer does not pay the deposit at the time of confirmation of the reservation, the Hotel(s) concerned may not block the reserved spaces. In any event, the Customer will be liable for the deposit specified in the contract/quotation. The contract/quotation will therefore be terminated to the exclusive detriment of the Customer. The payment of a deposit shall give rise to the issue by the Hotel of a deposit invoice. This will be issued once the deposit has been cashed by the Hotel. The payment schedule for the deposit is defined as follows:
-up to eighty (80) people:
Cancellation date (D= first day of the Event) | % can be cancelled free of charge - based on the total amount of the quote/contract including VAT | Fees charged beyond the authorised cancellation percentage total amount of the quotation/contract including VAT |
J-60 | 100% applied to a base of less than fifty per cent (50%) |
No charge |
Between D-59 and D-30 | < or = 50% | 50% |
Between D-29 and D-7 | < or = 20% | 80% |
After D-7 | 0% | 100% |
- more than eighty (80) participants:
|
The Customer undertakes to pay the cancellation fees due in the event of partial cancellation within seven (7) working days of notification of cancellation by way of compensation.
3/ Revision of conditions : The above cancellation conditions may be modified depending on the operating requirements of the Hotel and/or the exceptional or complex nature of the Event, in accordance with the terms and conditions to be agreed between the Hotel and the Customer. ARTICLE 8. DELEGATION : In the event that the Hotel is unavailable, in the event of force majeure, technical problems at the Hotel, works or for any other reason, the Hotel will make its best efforts to accommodate the Participants in whole or in part in a Hotel of an equivalent category, with all costs inherent in the transfer remaining the responsibility of the Hotel (except in the event of force majeure), which may not be called upon to pay any additional compensation or request a reduction in price.
ARTICLE 9. PRIZES : Rates are expressed in euros, exclusive of tax. The rates shown on the contract/quotation are given for a period up to an option date before which the Customer must confirm his/her reservation to the Hotel. After this date, they are subject to change. The rate of VAT and/or any other tax applied to the contract/quotation rates, whether they are expressed exclusive of VAT and/or inclusive of VAT, will be the rate in force on each invoice date. The applicable rates are those in force on the day on which the Event takes place. The rates may be increased by the tourist tax and the additional departmental and/or regional tourist tax in certain towns. They will be modified in the event of legislative and/or regulatory changes likely to lead to price variations such as: modification of the applicable VAT rate, introduction of new taxes, modification of the system of an existing tax, etc.
ARTICLE 10. OVERTIME FOR OPENING HOURS
LATE: The rental period for the spaces is as follows: either from eight o'clock (08:00) to nineteen o'clock (19:00), or from nineteen o'clock (19:00) to midnight (24:00). Beyond these periods, additional availability charges will be applied on the basis of the rates in force. The Customer will be billed for staff costs relating to overtime: beyond sixteen hours (16:00) for a lunch and beyond twenty-three hours (23:00) for a dinner/cocktail, on the basis of the rates in force.
ARTICLE 11. PAYMENT TERMS :
1/ Down payments: A deposit in the amount of eighty-five per cent (85%) (unless otherwise stipulated in the contract/quotation) calculated on the total amount (including tax) of the Event booked, must be paid by the Customer in accordance with the schedule below. This deposit may be increased to one hundred per cent (100%) of the total amount (including tax) of the Event booked depending on the imperatives of the operation, the specific features of the Event or exceptional circumstances such as events, fairs, exhibitions, and the Customer's specific requirements. In the event that the Customer does not pay the deposit at the time of confirmation of the reservation, the Hotel(s) concerned may not block the reserved spaces. In any event, the Customer will be liable for the deposit specified in the contract/quotation. The contract/quotation will therefore be terminated to the exclusive detriment of the Customer. The payment of a deposit shall give rise to the issue by the Hotel of a deposit invoice. This will be issued once the deposit has been cashed by the Hotel. The payment schedule for the deposit is defined as follows:
-up to eighty (80) people:
A the signature from contract/quotationA deposit in the amount of eighty-five per cent (85%) of the total value of the Event including all taxes will be paid.
-more than eighty (80) people :
Date of payment of deposit (D=first day of start of Event) | Amount of the deposit based on the total amount (including tax) of the services reserved for the Event |
Signature of contract/quotation | 10% total amount incl. VAT |
J-180 | 30% total amount incl. VAT |
J-60 | 30% total amount incl. VAT |
J-30 | 15% total amount incl. VAT |
If a booking is made for a shorter period than one or more of the stages in the above schedule, the deposits for the stages in the schedule that do not apply will be added together and will be due and paid on the date of the booking.
Please note that no interest is payable on sums paid in advance.
2/ Payment terms : The amount of this or these deposit(s) is deducted from the final invoice (balance) subject to the possible application of cancellation penalties and other services that may be invoiced (for example: services consumed by the Participants). Unless otherwise stipulated in the contract/quotation, balance invoices are payable no later than seven (7) working days following the date of issue of the invoice. No additional payment period will be granted. The Customer may be required to provide a financial guarantee (cash deposit, first demand guarantee, joint and several guarantee). No discount will be granted for early payment.
3/ Minimum billing : The minimum unit amount invoiced by the Hotel is three hundred euros excluding tax (€300 excluding tax). Any invoice for a lower amount may give rise to the collection of administration costs amounting to a minimum of forty euros excluding tax (€40 excluding tax) per invoice.
4/ Payment methods : Only bank transfers or, failing that, bank cheques drawn on a bank established in the country where the Event is taking place, or cash (within the legal limit) are accepted for the payment of invoices and deposits.
Bank charges relating to the payment of invoices shall be borne by the Customer. Payments shall be made in euros, the currency in force in the country in which the Hotel is located.
Please note that bills of exchange and cheques from outside the country where the Hotel is located will not be accepted as means of payment.
5/ Electronic invoicing : In the event that the Hotel and the Customer agree to use electronic invoicing, the Customer unconditionally agrees to receive invoices issued by the Hotel exclusively by electronic means, in accordance with Article 289 of the French General Tax Code.
6/ Individual regulations : Payment for extras (laundry, minibar, telephone, etc.) and other services requested individually by one or more Participants will be made directly by the Participant(s) concerned at the Hotel reception desk before their departure (individual payment).
If one or more Participants fail to pay for services claimed in addition to those included in the contract/quotation (extras, meals, etc.), the invoice will be sent to the Customer, who undertakes to pay it at the latest within seven (7) working days from the date of issue of the invoice. If individual payments are planned, any sum not paid may be deducted from the amount of the excess deposit paid by the Customer, the balance being returned to the Customer. µ
7/ Changes to invoicing/payment terms and conditions: Any special provisions set out in the contract/quotation that deviate from the invoicing/settlement terms and conditions set out in this article, as well as any subsequent request to modify these terms and conditions, must be submitted for formal acceptance by the Hotel, which acceptance shall be in written form, and shall result in additional invoicing for file management costs. These costs amount to three per cent (3%) of the total amount (including VAT) of the Event, with a minimum charge of forty euros excluding VAT (€40 excluding VAT).
8/ Default of payment : If payment is not made by the contractual due date, late payment penalties will be payable from the day after the invoice due date at the rate of fifteen per cent (15%) per annum, applied to the total amount of the invoice including VAT. In addition, a flat-rate penalty of forty euros (€40) per debt will be payable from the day after the invoice due date, plus an additional indemnity to cover all costs incurred in the event of legal recovery. In addition, any payment incident shall render all outstanding debts owed by the Customer in respect of invoices issued by the Hotel under the contract/quotation immediately payable.
9/ Brokerage commission : In the event of intermediation in the organisation of the Event, the commission shall relate solely to the amounts of the services consumed and duly collected by the Hotels and shall be subject to specific invoicing by the intermediary. Payment of the commission is subject to full prior receipt of the price of the Event. The commission is calculated on the amount excluding VAT. The amount of the commission thus obtained is an amount exclusive of tax to which VAT will be added in accordance with the rate in force on the date the commission is invoiced.
ARTICLE 12. PHOTOGRAPHIC REPORT - FILMING
FILM OR REPORT: The Customer shall be personally responsible for obtaining any authorisations that may be required in the context of a photographic report or the filming of a film or report. Prior to any filming and/or reporting and/or photographic reporting, without this list being considered exhaustive (hereinafter referred to as "Content"), the Customer must first request written authorisation to film or take photographs at the Hotel. Otherwise, the Hotel may refuse the photographer and/or cameraman access to the Hotel. The Customer undertakes to obtain the prior written and informed consent of each person (customers, employees and third parties) who will be filmed and/or photographed and/or whose words will be recorded during the filming and/or reporting, with a view to the reproduction, representation and possible use of the shots as part of the photographic report or the filming or reporting. The Customer indemnifies the Hotel, ACCOR and any other company belonging to the ACCOR Group against any claim arising from the use and/or broadcasting of these reports against the Hotel, ACCOR and any other company belonging to the ACCOR Group, and undertakes to pay all related costs. The Customer also undertakes to check before any publication/online posting of the Content that this Content does not harm the image of the ACCOR Group and/or the Hotel, failing which the Customer may be held liable.
ARTICLE 13. OPEN AIR SALES : Where applicable, the Customer must provide the Hotel with a copy of the prior declaration of an unpacking sale sent to the mayor of the municipality to which the Hotel belongs, and at least fifteen (15) days in advance, a copy of the notice of receipt or the receipt for the prior declaration. These documents must be provided if the purpose of the premises being made available is the retail sale, purchase or order-taking of goods, whether or not preceded by advertising. Under no circumstances may the premises be made available for longer than the period indicated on the prior declaration. Failure to provide a copy of the prior declaration and the notice of receipt or the receipt for the deposit shall result in the application of the conditions for total cancellation referred to in article 7. The Customer undertakes to communicate to the Hotel for validation, prior to the date of the Event, all posters relating to the Event within the Hotel and undertakes to comply with the legislation on posters in force in the town/department/region. Under no circumstances may the Hotel be held liable in the event of illegal posting by the Customer. In the event of legal proceedings, the Customer alone shall be liable for failure to comply with the relevant regulations.
ARTICLE 14. EXHIBITIONS, FAIRS AND DECORATION: All
Any installation carried out by the Customer must comply with the Hotel's specifications and the latest safety regulations in force. All plans for decorating or setting up stands must be submitted to the Hotel and must include five (5) copies of the layout, failing which the Customer shall be refused permission to exhibit. The Customer who is the organiser of a trade show within the meaning of Article L.762-2 of the French Commercial Code must provide the Hotel, at least fifteen (15) days prior to the start date of the Event, with a copy of the receipt for the declaration of the Event as well as a civil liability insurance certificate covering the risks inherent in the Customer's activity and the running of the Event,
and mentioning the guarantee ceilings and amounts. The Customer undertakes to restore the occupied premises to their original state at his own expense.
ARTICLE 15. RECRUITMENT : If the Customer intends to offer placement services, it undertakes to comply with the rules set out in articles L.5321-1 et seq. of the French Employment Code. The Client must: provide the establishment with the proof required to establish the compliance of its activity, in particular with regard to employment law; include its company name on its job advertisements when the interview or selection of candidates takes place in the Hotel. Under no circumstances may Hotel staff take part in recruitment operations, in particular by distributing questionnaires to candidates arriving at the Hotel reception desk.
ARTICLE 16. ADMISSION CHARGES : The Client undertakes to declare in writing, sent to the Hotel at the same time as the contract/quotation is accepted and the deposit is paid, that he accepts full responsibility for collecting an entrance fee from Participants when the Event organised on the Hotel's premises is subject to an entrance fee. In this case, the entrance fee must be collected by the Client within the premises made available. Under no circumstances may Hotel staff take part in this collection.
ARTICLE 17. COPYRIGHT : The Customer shall be personally responsible for all declarations and for the payment of all royalties, in particular to SACEM and SPRE, for the broadcasting of musical works and, more generally, all intellectual works within the meaning of the Intellectual Property Code on the Hotel's premises. The Customer must provide the Hotel with the declaration made to SACEM and SPRE prior to the Event. The Customer indemnifies the Hotel, ACCOR and any company belonging to the ACCOR Group against any claim relating to the use of these rights against the Hotel, ACCOR and any company belonging to the ACCOR Group, and undertakes to pay all related costs. The Customer is hereby reminded that any broadcast of a sporting or other event in a meeting room is considered to be a public broadcast. Therefore, the Customer will be personally responsible for obtaining the necessary authorisations from any society and/or organisation for the collective management of copyright and related rights that is competent in this respect and will be solely responsible for paying any royalties due in respect of the broadcasting of the sporting or other event. In addition, the Customer undertakes not to advertise the broadcasting of this event within the lounge made available hereunder or even to use the event commercially for its customers who participate in the Event organised by the Customer.
ARTICLE 18. TRANSPORT : It should be noted that the Hotel does not provide any services relating to the transport of Participants. It may therefore under no circumstances be held responsible for any problems or consequences relating to the transport of Participants (delays, cancellations, etc.).
ARTICLE 19. INSURANCE - DAMAGE - BREAKAGE - THEFT :
The Customer is liable for all damages, including personal injury, property damage and consequential loss for which it may be responsible as a result of this contract/quotation and, in particular, for damage and risks related to the exercise of its profession, its activity and, more generally, all damage caused to the Hotel, the furniture of the Hotel, the Participants in its Event or the customers of the Hotel or third parties, arising from its fault, its activity and/or the material provided by it. In this context, the Customer guarantees the Hotel and undertakes to stand in for it in the event of any claim made by a customer of the Hotel, a Participant in its Event or a third party relating to the performance of the contract/quotation. In all cases, the Customer hereby guarantees the Hotel and/or any company in the ACCOR Group against any liability action relating to its Event and to the exercise of its business or profession and will intervene in the case of any legal action brought in this respect by one of its participants or its Attendees against the Hotel and/or any company in the ACCOR Group. The Customer shall bear the costs as well as the payment of all indemnities and penalties that may be claimed from the Hotel and/or any other company in the ACCOR Group in connection with the signing, performance or termination of this contract/advice. The Client must ensure the safekeeping of the goods and materials brought by himself/herself or the Participants, and must in particular ensure the surveillance of the cloakrooms. The Client certifies that it is insured with a solvent insurance company to cover the pecuniary consequences of its civil liability and in particular to cover damage and risks related to the exercise of its profession/activity and, more generally, any claims caused to the Hotel as a result of the performance of this contract/quotation and its Event. It undertakes to maintain sufficient cover for its liability throughout the duration of the hotel services forming the subject of the Event. In particular, the Client is invited to take out specific insurance in the event of the presence of large items of equipment or valuable property, insofar as the Hotel cannot be held liable in the event of damage to or theft of said property, which remains exclusively under the supervision and custody of the Client and the Participants in the Event. The Hotel assumes no obligation of custody or surveillance of these materials/assets. The Client is responsible for all damage caused by its intermediary (in particular by the Participants or their guests) and undertakes, in the event of damage to the premises made available, to bear the costs of restoring these premises. Under no circumstances may the Hotel be held liable for damage of any nature whatsoever, in particular fire or theft, that may affect the objects or equipment left by the Client or the Participants during the Event that is the subject of this reservation and that remain under their exclusive supervision and custody. The Hotel assumes no obligation of custody or surveillance of these materials/objects. Similarly, any parcel, package or other item delivered to the Hotel before and during the Event may be received by the Hotel, but under no circumstances may the Hotel be held liable for any incident, deterioration, incorrect number of parcels, damaged parcel or delivery problem. In the event of a problem, the Customer undertakes to contact the supplier directly.
or the carrier. Hotels owned by ACCOR are covered by the ACCOR Group insurance policy. ACCOR managed and franchised hotels are covered by policies taken out by the owners of the establishments. It is specified that if the Client wishes to use service providers to organise its Event, it must first request the Hotel's written agreement. The Customer shall be solely liable for any damage that may be caused by the service providers that he/she has brought into the Hotel. In the event of damage/damage caused by the service provider, the Hotel will send the Customer an invoice for the necessary repairs, and the Customer undertakes to pay this invoice within seven (7) working days of the date of issue, without any right of objection.
ARTICLE 20. INTELLECTUAL PROPERTY : The Customer undertakes
not to reproduce, represent, adapt or modify, in any way whatsoever, the distinctive signs of ACCOR and/or the Hotel, in particular their trademark, trade name or logo (hereinafter, "Distinctive Signs"), without the express, written and prior authorisation of ACCOR and/or the Hotel concerned, where applicable. When ACCOR and/or the Hotel authorise the Customer to use the Distinctive Signs, ACCOR remains the owner of these intellectual property rights, and this authorisation may not be interpreted as constituting a transfer of the said rights to the Customer, and the Customer undertakes to do so in compliance with moral rights and strictly within the limits of the project for which this authorisation was granted, without creating the appearance of any belonging to the ACCOR Group. The Customer also undertakes to comply scrupulously with the graphic charter provided to him/her by ACCOR and/or the Hotel concerned, as well as with all instructions for use. The Customer must submit to the Hotel for approval any communication that he/she intends to make, regardless of its nature, that refers to the Hotel and/or ACCOR. In the event that a third party brings an action against the Customer for infringement of the Distinctive Signs which are the subject of this authorisation for use, the Customer must inform ACCOR without delay.
ARTICLE 21. CONFIDENTIALITY : Each of the Parties undertakes not to disclose the confidential information of the disclosing Party and to take, for the purposes of preserving the confidential nature of the confidential information of the said Party, precautions at least equivalent to those it takes to protect its own confidential information of a similar nature, being required, in any event, to make reasonable efforts in this regard. The Parties agree that the Contract/Request for Quotation is confidential as well as, without this list being considered exhaustive, all information relating to economic, technical, commercial, financial or statistical elements with the exception of information that was notoriously and publicly disclosed before it was obtained and/or received by the Party.
For the application of this clause, each Party is responsible for its own personnel and service providers. This clause shall survive the termination, for whatever reason, of the commercial relationship between the Parties for a period of three (3) years.
ARTICLE 22. DATA PERSONAL: Each Party acknowledges that booking in an ACCOR branded Hotel involves the collection and processing of personal data (as defined in the EU General Data Protection Regulation "GDPR") relating to Participants (the "Personal Data"). When Participants book in a Hotel operated under the ACCOR brand, ACCOR and the Hotels act as data controller with respect to the Personal Data that Participants provide to them. This data will be processed in accordance with the RGPD and the ACCOR personal data protection charter available at https://all.accor.com/security- certificate/index.fr.shtml. The Customer remains responsible for the processing of the Participants' Personal Data that it collects and processes. Each Party guarantees the collection, processing and storage of Personal Data in accordance with the RGPD. To this end:
-In accordance with the provisions of Article 13 of the GDPR, each Party guarantees that it provides data subjects with all the information required concerning the processing of Personal Data;
-In accordance with the provisions of Article 30 of the RGPD, each Party undertakes to keep a register of the processing activities under its responsibility;
-In accordance with the provisions of Articles 13, 14, 15, 16, 17 and 21 of the GDPR, each Party acknowledges that data subjects have a right of access, rectification, erasure or objection to the use of Personal Data. If it deems it necessary, each Party undertakes to communicate to the other any request it may receive directly from a data subject exercising the aforementioned right and expressly referring to the other Party.
-In accordance with the provisions of Article 5, 1°e) of the RGPD, each Party undertakes not to keep Personal Data in a form that allows the data subjects to be identified for longer than is necessary for the purposes for which the data was collected or for which it is processed.
-In accordance with the provisions of Article 32 of the GDPR, each Party must implement and maintain appropriate technical and organisational measures, both technical and physical, to ensure a level of security appropriate to the risk, to protect the security, confidentiality and integrity of Personal Data, and to prevent its misuse and unlawful disclosure. These measures must be designed to :
- To protect Personal Data and other sensitive data from destruction, loss, unauthorised access or modification;
- Inform the employees of each Party authorised to access Personal Data of their obligation to ensure its security.
ARTICLE 23. RUNNING OF THE EVENT: If the
The Hotel reserves the right to terminate the present contract/quotation, without the Hotel being entitled to claim any indemnity or compensation whatsoever, or to require the Customer to implement the present contract/quotation, without the Hotel being entitled to claim any indemnity or compensation whatsoever.
The Customer undertakes not to invite any person whose behaviour is likely to be prejudicial to the Hotel. The Customer undertakes not to invite any person whose behaviour may be prejudicial to the Hotel, which reserves the right to intervene if necessary. The Customer may not bring in any outside drinks or foodstuffs, except in the case of a banquet and in compliance with the conditions set out in article 28. The Customer undertakes to ensure that Participants and their guests comply with all the Hotel's rules and regulations (in particular the ban on smoking in public areas and any health regulations required by the Hotel, the government or the local authorities). The Customer shall ensure that Participants do not disrupt the operation of the Hotel or jeopardise the safety of the Hotel or persons in it. In the event that the Hotel suffers a loss as a result of the Client or one of the Participants in the Event, it may take action against the Client to obtain compensation for the loss suffered. The Client shall be obliged to compensate the Hotel for all acts of the Participants and their guests whom it has invited; it shall be responsible for taking action against the said Participant if necessary. The general ban on smoking in Hotels and restaurants applies in all public places. In addition, some Hotels are entirely non-smoking, which means that smoking is not permitted in the rooms. The Customer therefore undertakes to remind Participants of the above provisions. In all its communications with the outside world, the Customer shall comply with all legal rules, in particular as regards the location and content of messages broadcast. In this respect, the Client shall bear all the consequences thereof and shall indemnify the Hotel against any liability arising therefrom. The Client (including Participants or their guests) accepts and undertakes to use the room or areas rented reasonably. In addition, any behaviour that is contrary to public decency and public order will lead the Hotel Owner to ask the Client, Participants and/or their guests to leave the Hotel without any compensation and/or without any reimbursement if payment has already been made. If the Hotel has its own internal rules, the Client, Participants and their guests accept and undertake to comply with them. If a Participant and/or his/her guests fail to comply with any of the provisions of the house rules, the Hotel Owner shall be obliged to ask the Participant and/or his/her guests to leave the Hotel without any compensation and/or without any reimbursement if payment has already been made. The Customer undertakes to remind Participants of the above provisions and guarantees that Participants will comply with all these recommendations. Some Hotels offer WIFI access (with or without a charge) enabling Customers to connect to the Internet. The Customer undertakes to ensure that the computer resources made available by the Hotel are not used in any way for the purposes of reproducing, representing, making available or communicating to the public works or objects protected by copyright in accordance with the Intellectual Property Code, where such authorisation is required. The Customer is required to comply with the security policy of the Hotel's Internet access provider, including the rules for using the security measures implemented to prevent the illicit use of computer resources, and to refrain from any act that undermines the effectiveness of these measures.
ARTICLE 24. MANDATE: If the Customer contracts in the name of and on behalf of a third party, he/she is deemed to have a legally valid mandate to do so. The Customer undertakes to inform the Hotel of the name of the end Customer and the name of the Event organised. The Hotel may at any time ask the Customer to provide proof of his/her mandate and, in the absence of a valid mandate, may terminate the contract/quotation without compensation and without prejudice to any damages that the Hotel may claim.
ARTICLE 25. LIABILITY:
The Customer undertakes to implement any health regulations that may be required by the Hotel, the government or the local authorities. No claim, request for a price reduction or request for reimbursement may be made by the Customer. Hotels operated under an ACCOR Group brand are operated by companies that are legally distinct from ACCOR and that are not controlled by ACCOR. As such, they are solely responsible for the obligations set out in these GTC and the contract/quotation and issue the invoices. The Customer and/or the Hotel shall each be liable, in accordance with common law, for their failings in the performance of their obligations under this contract/quotation, resulting from their proven fault. Under no circumstances shall the Hotel be liable for any indirect or unforeseeable damage that may result from the performance of its obligations hereunder. By express agreement between the Parties, indirect damage includes, in particular, loss of business, the act of a third party, the act of the Customer or the act of its partners, as well as any financial or commercial damage, loss of data, orders or customers.
ACCOR and/or the Hotel may not be held liable in the event of changes to the network of any nature whatsoever. This includes, but is not limited to, the following cases: transfer of establishment, closure of establishment, change of sign or brand, work on the Hotels. The photos presented on the websites representing the Hotels are not contractual. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotels presented give as accurate an idea as possible of the services offered, variations may occur, in particular due to changes in furnishings, possible renovations or changes in brand names. The Customer may not make any claim as a result.
ARTICLE 26. RESOLUTORY CLAUSE : In the event of a breach by one of the Parties of these General Terms and Conditions of Business, they shall be deemed to have been terminated ipso jure following the sending of a registered letter with acknowledgement of receipt to the Party having committed said breach, giving it formal notice to perform the obligation in question, and remaining without effect for a period of thirty (30) days from the date of receipt of said letter. In the event of fraud, in particular in the event of a false declaration by the Customer at the time of booking, the Hotel reserves the right to terminate the contract/quotation immediately without any right to compensation.
claim any indemnity or compensation from the Hotel. The exercise of this right of termination shall not exempt the defaulting Party from fulfilling the obligations entered into up to the effective date of termination, without prejudice to any recourse that the other Party may have. Any sums paid to the Hotel shall be forfeited, and any sums due shall be payable.
ARTICLE 27. CASE OF NON-REVISION AND FORCE MAJEURE :
- / Anticipation : The Parties expressly agree to exclude from the scope of application of this Contract, cases of unforeseeability as envisaged within the legislation and in particular under the provisions of article 1195 of the Civil Code and related case law.
- / Force majeure : The obligations contained herein shall not apply or shall be suspended if their performance has become impossible as a result of force majeure. The Parties agree that, in the context of the present contract, force majeure means an event beyond the control of the debtor which could not reasonably have been foreseen when the contract/quotation was concluded and the effects of which cannot be avoided by appropriate measures, preventing the debtor from performing its obligation and recognised as such by the French courts and/or by the French government. The Parties shall use their best endeavours to prevent or reduce the effects of non-performance of the contract/quotation caused by an event of force majeure.
ARTICLE 28. BANKETS : If the Customer wishes to bring their own drinks, a corkage fee will be charged per bottle. Children who may take part in the Event are placed under the sole responsibility of their parents and/or the Customer. The Customer and/or the Participants are not authorised to bring their own foodstuffs to the Event, either in whole or in part. If they wish to take some of the food that has not been consumed away with them at the end of the banquet, they undertake to comply with the laws and regulations in force concerning food and drink, their transport, hygiene and hygiene standards and, in general, with all regulations relating to the Catering part of the Event so that the Hotel can be neither questioned nor held liable. The Customer undertakes to comply with all the rules in force relating to hygiene and the cold chain and to ensure that the premises are left in a perfectly clean condition. It is hereby specified that the Hotel shall not be held liable for any food brought in by the Client and/or the Participants. This clause constitutes a discharge from the Hotel.
ARTICLE 29. ETHICS AND COMPLIANCE : The Customer undertakes to
comply with applicable laws and regulations against corruption, influence peddling, tax fraud laundering and related offences throughout the duration of the contract/quotation.
29.1 / Principles, standards and commitments
ACCOR and its subsidiaries have adopted principles, standards and commitments, applicable worldwide to all hotels operated under an Accor Group brand in terms of Ethics and Corporate Social Responsibility and compliance, which are developed in the Ethics Charter, the Planet 21 Programme and the Compliance Programme, the content of which is made available on the Accor Group's websites or by any other means, it being understood that this Charter and these programmes may change over time (the "Ethics and CSR Charter", the "Planet 21 Programme" and the "Compliance Programme", respectively).
The Customer warrants that he/she has read the provisions of the Accor Ethics and Corporate Social Responsibility Charter available at https://group.accor.com/fr-FR/group/our- commitments/accor-ethics-and-compliance, that he/she has understood the obligations contained therein and undertakes to comply with them.
At the request of the Participating Hotels and/or ACCOR, the Client will provide the Participating Hotels and/or ACCOR with and authorise ACCOR to use such data and information relating to the performance of the Agreement/Quotation as may reasonably be required by the Participating Hotels and/or ACCOR and its subsidiaries to report on their own environmental, ethical and compliance activities and commitments.
29.2 / Compliance, fight against corruption
As part of the contract/quotation, the Customer warrants that it complies with and undertakes to comply, for the duration of the contract/quotation, with the laws and regulations applicable to one or other of the Parties relating to the fight against corruption and influence peddling, including the French "Sapin 2" law.
In the context of this contract/quotation, and without prejudice to the undertakings and guarantees given by the Customer in the preceding paragraph, the Customer more particularly declares and guarantees :
- that neither it, nor any of its directors, officers, employees, agents, consultants, third parties acting on its behalf and, to the best of its knowledge, its shareholders (the "Connected Persons") has made, offered, authorised or promised (nor will make, offer, authorise or promise) any payment, commitment, gift or any other advantage, whether financial or non-financial (the "Advantage"), whether directly or through a third party, (a) in order to obtain an improper benefit, and/or (b) to induce a private person or public official (as defined in the Anti-Bribery Legislation) not to perform his functions or duties properly or to reward a private person or public official for not performing his functions or duties properly, and/or (c) inducing a private person or public official to use his real or supposed influence in order to obtain a decision or influence a decision on the part of a public authority or administration, an administrative or judicial authority or a company in which a state or public entity holds shares or an interest;
- that neither he nor any of the Connected Persons, to his knowledge, has solicited, required, agreed or accepted (nor will solicit, require, agree or accept) from any private person or public official any Benefit as compensation or consideration for not properly performing his duties or obligations in connection with the business of the Participating Hotels and/or ACCOR or where such action may jeopardize the proper performance of duties or obligations on behalf of the Participating Hotels and/or ACCOR;
- that neither he nor any of the Connected Persons, to his knowledge, has made, offered, authorised or promised (nor will make, offer, authorise or promise) any "facilitation payment", i.e. any undue payment to a public official for the performance of administrative formalities, which should be obtained through normal legal channels and are intended to induce him to perform his duties more efficiently and diligently, even in cases where local laws do not prohibit them;
- that neither he nor any of the Connected Persons has, to his knowledge, been prosecuted or convicted for a breach of Anti-Bribery Legislation in the last five years.
As part of this contract/quotation, the Customer undertakes (i) to ensure that the Connected Persons comply with the obligations set out above,
(ii) that third parties acting on its behalf contractually enforce compliance with these obligations by their own third parties acting on their behalf.
In the event of non-compliance by the Customer with the provisions of this article, the Customer undertakes to implement, at its own expense, the appropriate corrective measures.
The foregoing representations, warranties and undertakings are considered by the Participating Hotels and ACCOR as a substantial condition of its commitment and their full compliance by the Customer is an essential component of its obligations under the contract/quotation.
ARTICLE 30. PARTIAL NULLITY : The invalidity of one or more articles of these GCS shall not invalidate the whole of these GCS. All other stipulations herein shall remain applicable and in full force and effect.
ARTICLE 31. COMPLAINTS AND DISPUTES : In the event of a dispute, claim or disagreement over part of the invoice, the Customer undertakes to pay the undisputed part without delay and to indicate in writing to the Hotel concerned the reason for and the amount of the dispute, within seven (7) working days from the date of the end of the Event. Once this period has elapsed, the service and the invoice will be deemed to have been accepted and may not give rise to any subsequent complaint on the part of the Customer. All disputes and claims may only be taken into account if they are made in writing and sent to the Hotel within a maximum of seven (7) working days from the end of the Event. After having referred the matter to Customer Services or the Hotel in an attempt to resolve the dispute amicably, and in the event of a negative response or no response within sixty (60) days from the date of referral, each Participant may refer the matter to a Mediator. This is the Tourism and Travel Mediation officer for the ACCOR Group's managed hotels and for franchised hotels that have decided to have recourse to the Tourism and Travel Mediation officer. The Mediation officer may be contacted within twelve (12) months of the first complaint. Information (contact details and how to make a complaint) concerning the Mediation officer is available on the website https://all.accor.com.
ARTICLE 32. APPLICABLE LAW AND JURISDICTION :
The applicable law is French law. In the event of a dispute, and in the absence of an amicable agreement, the competent courts will be those of the location of the registered office of the company operating the Hotel.
ARTICLE 33. ASSIGNMENT OF THE CONTRACT : Under no circumstances may these terms and conditions be transferred by the Customer, whether free of charge or for consideration, without the Hotel's express prior written consent.
ARTICLE 34. ELECTION FROM HOME : All written communications (letters, notifications, etc.) must be sent for the Hotel to its address and for the Customer to the address indicated in the contract/quotation.