Terms of sale
TERMS OF SALE
Intellectual Property:
The hotel's website and each of its elements are the exclusive property of the hotel. Any reproduction or representation in whole or in part of this website or any of its elements is prohibited without prior authorization from the Hotel. Similarly, the trademarks and domain names appearing on the hotel's website are the exclusive property of the Hotel. Any reproduction or use of these trademarks or domain names in any manner and for any purpose is prohibited without prior authorization.
A hyperlink to the hotel's website may only be established with the written and prior authorization of the Hotel. In addition, the Hotel declines all responsibility for the content of any sites possibly linked to the hotel's website by a hyperlink.
Data Collection:
For the execution of the ordered services, the Hotel may collect your personal data. You have the right to access, modify, delete, and oppose the processing of your personal data and their use for prospecting purposes. Any question in this area, as well as the rights of opposition, access, rectification, and deletion regarding this information, can be exercised with the Hotel.
Right to Object to Telemarketing:
It is reminded that in accordance with Article L. 223-1 of the Consumer Code, the consumer client has the possibility to register on a telemarketing opposition list by visiting the website https://www.bloctel.gouv.fr/
Privacy Policy:
In accordance with the Data Protection Act of January 6, 1978, the information collected by this website is essential for the Avignon Grand Hôtel to process and execute your reservations. The information concerning you is intended for the Hotel, as well as the online booking provider, to the exclusion of any other recipient. Their processing has been declared to the CNIL (French Data Protection Authority). Any question in this area, as well as the rights of opposition, access, rectification, and deletion regarding this information, can be exercised at the following address:
ATE SASU Auteuil Tour Eiffel
4 Avenue Percier 75008 Paris
Telephone: +33 (0)1 40 02 96 43
General Terms and Conditions of Sale
I. APPLICATION
These general terms and conditions of sale (hereinafter referred to as "GTC") apply to sales transactions concluded by the Auteuil Tour Eiffel Hotel located at 8 rue Félicien David – 75016 Paris, operated by the company ATE SASU, managed by the company AP HOTELS whose registered office is located at 4 avenue Percier 75008 Paris.
The company ATE SASU with registration number RCS: 908 582 083 and whose VAT number is VAT: FR 89 908 582 083 (Hereinafter referred to as "the Company") with the Client.
They cancel and replace any previous version that may have been posted and/or accepted by the Client.
These GTC apply to any use of the website, including the online and telephone marketing of all services offered on the Site by the Company ATE SASU.
It is therefore imperative that the Client carefully reads the GTC, which are referenced by hyperlink on each page of the website. It is recommended, in particular, to download and/or print them in order to keep a copy on the day of the order, since they may be subject to modification, although it is specified that such modifications will not apply to orders for Services made prior to their modification.
The Client must confirm his agreement to all the General Conditions by checking a box provided for this purpose on the website and this, prior to validating his reservation.
The General Conditions are supplemented by the Hotel's Personal Data Protection Policy, also available on the homepage of the website, at the bottom of the page.
The GTC may be supplemented by specific sales conditions appearing on the description of the service as well as by the sales conditions of the providers, accessible either on their website or on-site.
II. CAPACITY
The Client acknowledges having the capacity to contract, that is to say, having reached the legal majority and not being under guardianship or trusteeship.
The Client also declares that he uses the Site in accordance with these GTC, in his own name and on behalf of all the beneficiaries of the services ordered by him on the Site, of which he acknowledges being the mandatary (hereinafter referred to as the "Beneficiaries") and to whom these GTC will be enforceable.
The Client is financially responsible for the use of the Site made both in his own name and on behalf of the Beneficiaries, unless he can demonstrate fraudulent use not resulting from any fault or negligence on his part.
The Client warrants the truthfulness and accuracy of the information provided by him in his own name and on behalf of all the Beneficiaries using his data on the Site.
The Company reserves the right at any time not to contract with a Client who makes fraudulent use of the Site or who contravenes these GTC.
It is hereby recalled the terms of Article 313-1 of the French Penal Code:
"Fraud is the act, either by the use of a false name or a false quality, or by the abuse of a true quality, or by the use of fraudulent maneuvers to deceive a natural or legal person and thus, to his prejudice or to the prejudice of a third party, to remit funds, values or any other property, to provide a service or to consent to an act creating an obligation or discharge. Fraud is punishable by five years' imprisonment and a fine of €375,000".
III. RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L 121-21-8 of the Consumer Code, the services offered on the Site by the Company are not subject to the right of withdrawal provided for in Articles L. 121-21 and following of the Consumer Code in the case of distance selling.
Consequently, the services ordered on the Site are exclusively subject to the cancellation and modification conditions provided for in these GTC and the Client cannot invoke the right of withdrawal.
In accordance with the provisions of Article L. 221-28, 12° of the Consumer Code, accommodation services offered on the website are not subject to the right of withdrawal provided for in Article L. 221-18 of the Consumer Code. Consequently, the services ordered on the website are exclusively subject to the cancellation and modification conditions provided for in these General Conditions and the Client cannot invoke the right of withdrawal.
IV. PRICE
Prices are indicated in Euros. VAT is included in the rates offered. Any change in the applicable rate, or any modification or establishment of new legal taxes established by the competent authorities, will automatically be reflected in the prices indicated on the date of invoicing.
The rates are per room for the number of people indicated and according to the selected period.
The prices indicated only include the services strictly mentioned in the reservation. Additional services provided by the hotelier during the stay will be added to the price mentioned in the reservation and must be paid for on site before departure and will be subject to separate invoicing.
The tourist tax is not included in the rates and will be payable in addition. The amount of the tourist tax may be changed at any time according to the legislation in force.
The prices mentioned on the Site are subject to change 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 before the implementation of a possible promotional offer will be refunded, even partially.
WiFi is free and unlimited in the Hotel.
V. ONLINE ORDER
The Client must, when placing his order:
Fill in the identification form indicating all the requested details, Fill in the online order form by giving all the references of the products or services chosen, Validate his order after having checked it, Make the payment under the conditions provided and confirm his order and payment in the case of an option for a non-cancellable non-modifiable rate, or provide the Company with his bank details in the case of an option for a cancellable modifiable rate. Any reservation for more than 5 rooms entails special "group" conditions and additional charges. You can make a request to this effect to the sales department at the following address: commercial@ateparis.com The confirmation of the order implies acceptance of these general terms and conditions of sale, recognition of having perfect knowledge of them and waiver of the Client's own purchasing conditions or other conditions.
All the data provided and the confirmation recorded will constitute proof of the transaction. The confirmation will constitute signature and acceptance of the operations carried out.
The Company will transmit to the Client, by any means (email, regular mail, fax, etc.), the confirmation of the order recorded.
The reservation is firm and definitive only after receipt of the confirmation sent to the Client by the Company. It must include the following mandatory elements:
Mention "Reservation confirmation" Confirmation number Last name, First name Date of arrival / Departure date Number of rooms Number of people occupying the room, Additional services if reserved (Parking, Breakfasts, Package, etc...) Description of the reserved rate and applicable conditions, Price of the reserved services. The rates, terms, and conditions of a reservation are intended for the sale of hotel rooms in accordance with their primary purpose (accommodation). The hotel reserves the right to modify the rates, terms, and conditions, or simply to cancel the reservation if the rooms are used for other purposes such as photo shoots, film shootings, showrooms, or interviews...
VI. ONLINE PAYMENT TERMS
Depending on the type of reservation made, the price is payable in full at the time of placing the order (prepayment) or at the end of the Client's stay at the Hotel.
In all cases, and to guarantee the reservation, the Client is asked to provide their credit card number, with transmission taking place securely.
In the case of payment at the time of placing the order, the credit card information provided by the Client through a secure system to the Company allows the latter to debit the card for the total amount of the stay, always in a secure manner. The Client's bank account is debited on the day of the order, and the invoice is transmitted by the Company to the Client on the day of their departure from the Hotel.
Please note that the credit card used to make the reservation must be presented upon arrival by its holder. Otherwise, a new credit card will be requested for payment upon arrival.
In the case of a third party paying for the stay, the hotel will require documents for transaction security.
Please also note that the hotel reserves the right to pre-authorize your credit card at any time before your arrival. The Hotel reserves the right to pre-authorize the credit card to cover extras (breakfast, telephone, SPA, etc.). In the event of non-payment for these services at check-out, these amounts will be directly debited from the client's card who accepts it.
The invoice issued by the Hotel will include, in addition to the legal mentions, the total amount to be paid, the detailed breakdown and price of each service, date and place of execution, and the date of drafting of the invoice.
For professional Clients, it is specified that in accordance with the provisions referred to under article L. 441-10 of the Commercial Code, any non-performance by the professional Client, total or partial, of its payment obligations or any delay, will result in the automatic enforceability of a penalty equal to three (3) times the current legal interest rate on the due date, as well as the fixed indemnity for recovery costs of 40 euros provided for in said article. Interest will start to run from the payment date shown on the invoice and will continue until the day of full payment of all amounts due. Late penalties are due without any reminder being necessary. When the recovery costs incurred exceed the amount of this fixed indemnity, the creditor may request additional compensation, upon justification. However, the creditor cannot invoke the benefit of these indemnities when the opening of a safeguard, recovery or judicial liquidation procedure prohibits payment of the debt due at its due date.
VII. MODIFICATION AND/OR CANCELLATION OF A RESERVATION
Cancellations and/or modifications of reservations may be allowed depending on the rate chosen by the Client.
In the case of opting for a cancelable/modifiable rate, any request for modification and/or cancellation of a reservation must be made as soon as possible and no later than the following deadlines:
All year round (except for certain special events): at least 48 hours before the start of the stay. During special events (e.g., 2024 Olympic Games), this period is extended to 72 hours. The modification and/or cancellation of a reservation is firm and definitive only after receiving confirmation by email from the Company.
The date of receipt of the request for modification and/or cancellation (by email, mail, telephone) is the date considered for cancellation.
In the case of opting for a non-cancelable non-refundable rate, no modification or cancellation will be accepted, and the total amount of the stay will remain with the Hotel without the Client being entitled to any refund.
In case of non-presentation of the Client at the Hotel and in the absence of cancellation:
The total amount of the reservation will be retained by the Hotel in the case of a "Non-cancelable, non-refundable" reservation; The first night will be charged by the Hotel in the case of a "Cancelable/Modifiable" reservation. Furthermore, for a stay of at least 2 nights, in case of non-presentation of the Client on the first day of the stay, the Hotel is not obliged to keep the room for the remaining duration of the stay.
The Client is requested to arrive at the Hotel before 6:00 PM and to inform the hotelier in case of late arrival, failing which they will be considered as not having shown up on the first day of the stay.
The hotel reserves the right to cancel a reservation 7 days before if the health conditions do not allow it to welcome the public in satisfactory conditions, guaranteeing the safety of its guests and its staff. Furthermore, for the same reasons of health security, certain services of the hotel may not be available.
Stay conditions
The Client will be required, upon arrival at the Hotel, to present an identity document and, if applicable, to fill out a police form in accordance with regulations. This collection is carried out for the purpose of preventing disturbances to public order, criminal investigations, and searches in the interest of individuals. In this context, they may, at their request, be transmitted to the police services and gendarmerie units.
The Client will also be required to present the payment card used for the reservation.
VIII. RELOCATION
In case of unavailability of the Hotel or in case of force majeure, the latter reserves the right to accommodate the Client wholly or partially in a hotel of equivalent or higher category, offering services of the same nature. The transfer will then be at the expense of the hotelier, who cannot be sought for payment of any additional compensation.
IX. ADDITIONAL SERVICES – PACKAGES
Orders for additional services and/or packages can only be placed at the same time as the reservation of a stay at the establishment on a given and predetermined date.
They can only be used by the Client during their stay at the Hotel and can be modified and/or canceled only under the conditions of article VII herein.
As part of its package policy, the hotel may offer the client a global rate for access to products or services that are included in the rate. The fact that the client does not consume or use these included services will not entitle them to any refund.
Small harmless pets are welcome. A supplement per day and per animal will be required. The acceptance of an animal may be subject to prior authorization.
X. FORCE MAJEURE
The hotel will be exempt from any liability, without compensation, in the event of partial or total non-performance of a contract resulting from an unforeseen event, the act of a third party, or force majeure. The force majeure events covered here are all accidental or catastrophic disasters, attacks, fire, total or partial strikes, damage, and other disasters, a pandemic declared by the World Health Organization, or any measure emanating from the Administrative Authority or Public Authorities rendering the execution of the contract impossible or preventing its normal execution.
XI. COMPLAINTS
Any complaint must be addressed to the following postal address: ATE SASU, Auteuil Tour Eiffel, 4 avenue Percier – 75008 Paris - France, within 15 days following the departure of the stay subject to the complaint. After this period, no complaint will be taken into account.
XII. COMPUTER AND FREEDOMS
In accordance with Law 78-17, known as the Data Protection and Freedom of Information Act, clients are informed that their reservation is subject to computerized processing. Clients have a right of access and rectification of the data entered, which is exercised with the registered office: ATE SASU Auteuil Tour Eiffel, 4 avenue Percier – 75008 Paris - France. It is specified that this information is not communicated to third parties.
The Company provides internet access via wifi. The Client undertakes that the computer resources made available to them will not be used in any way for the reproduction, representation, provision, or communication to the public of works or objects protected by copyright, by neighboring rights such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code when such authorization is required.
The Hotel has a video surveillance system in the common areas of the building.
XIII. RESPONSIBILITIES
The Company declines all responsibility in case of theft, loss, or damage to effects belonging to clients during their stay.
The Client will be held responsible for any damage, degradation, or act of vandalism that may occur due to the occupation of the premises and/or due to the participants and/or personnel under their responsibility, both to movable, decorative, and immovable property belonging or not to the hotel. Consequently, the Company has the right to ask the Client to leave the establishment without any compensation and without any refund of the current stay, and to reimburse the damages caused by these acts.
Our hotel and our rooms are completely non-smoking; failure to comply with this instruction will result in a fixed deodorization fee of €250 for the restoration of the room. In addition, the costs of blocking the room from the day of your departure until the room is put back on sale, in compliance with the hotel's quality standards, will be charged based on the best daily rate.
Any unwarranted triggering of the fire alarm due to non-compliance with this provision will be charged at €200 for the reactivation of the fire safety system.
Noise, even during the day, is prohibited. The Client causing disorder or scandal in any form will be asked to leave the Hotel immediately and without reimbursement of their stay.
The Client is required to respect the rest of the other Clients by closing doors without slamming, making phone calls in their room and not in the hallway, and by showing kindness by avoiding making noise, particularly between 10:00 PM and 8:00 AM (Paris time). Any neighborhood noise resulting from the behavior of a person under their responsibility may lead the Hotel to ask the Client to leave the establishment without the need for acoustic measures, as soon as the noise generated is likely to disturb the peace of the clientele (articles R.1334-30 and R. 1334-31 of the Public Health Code). Noise requiring reimbursement of Clients who have suffered inconvenience may be debited to the credit card of the noisemakers.
For the same reasons, visits may take place in the lounge or bar but not in the rooms. We thank you for not exceeding the authorized number of people in your room for safety reasons.
The Company, in the online sales process, is only bound by an obligation of means. Its liability cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, viruses, service interruption, or other involuntary problems.
XIV. CONFORMITY
As for consumer Clients, excluding professional Clients, the Hotel is responsible for the conformity guarantee of the services, under the conditions set out in articles L. 411-1 and following of the Consumer Code.
XV. HOTEL LIABILITY
The photographs of the rooms and the Hotel published on the Website reflect as faithfully as possible the accommodation services offered by the Hotel. It is specified that variations may occur in the event, for example, of renovation or furniture changes. The responsibility of the Hotel cannot in any case be engaged in the event of minor variations.
The Hotel shall not be liable for the non-performance or improper performance of the reservation in the event of force majeure, the act of a third party, the act of the Client, and in particular in the event of unavailability of the Internet network, inability to access the Website, external intrusion, or computer viruses.
XVI. PROOF AGREEMENT
The provision of the credit card number and the final validation of the reservation shall constitute proof of acceptance of said reservation and the formation of the hotel contract between the parties.
The Hotel and the Client agree that all data, information, files, and any other digital element exchanged between them will constitute admissible, valid, enforceable evidence with the probative force of a private agreement. Any element or electronic exchange will also be considered in the same way.
XVII. COMPLAINTS
For any complaint related to the General Conditions, Clients must contact the Customer Service at the following phone number: +33 1 40 50 57 57 and/or at the following email address: fom@ateparis.com, indicating, if applicable, their reservation number.
XVIII. APPLICABLE LAW – DISPUTE RESOLUTION – MEDIATION
These General Conditions of Sale are governed by French law. This is the case for both substantive and procedural rules. Disputes will fall under the exclusive jurisdiction of the French courts.
In the event of a dispute relating to the validity, interpretation, performance, or termination of a reservation or the General Conditions or arising from it, the Client must address their complaints in writing to the Customer Service by registered letter with acknowledgment of receipt to the following address:
AP Hôtels
Customer service
4 rue Percier
75008 Paris
Specific provisions for Consumer Clients
In the event of no response to the complaint or in the event of failure of the complaint, within a period of three (3) months from the date of receipt, or in the event of failure of any other attempt to amicably resolve the dispute, the latter will be submitted to the exclusive jurisdiction of the Commercial Court of Paris.
It is also recalled that, in accordance with article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Client has access to the online dispute resolution platform (RLL) at the following address: ec.europa.eu/consumers/odr.
Date of update: 08/05/2024