TERMS AND CONDITIONS OF SALE
PREAMBLE
These general terms and conditions of sale (hereinafter the “Terms and Conditions”) govern the contractual relationship between any non-business user (hereinafter the “Guest”) of Hotel la Résidence du Berry *** (hereinafter the “Hotel”) and its website www.hotel-berry.com (hereinafter the “Website”), operated by Résidence du Berry, a simplified joint-stock company registered with the Versailles Trade and Companies Register under number 411 980 048, whose registered office is located at 14–16 rue d’Anjou, 78000 Versailles, France, and whose intra-Community VAT number is FR09411980048 (hereinafter the “Provider”). They apply from the time of booking until the Guest's departure from the Hotel, and to all bookings made through the Hotel Website's booking services.The Provider reserves the right to amend the Terms and Conditions, in whole or in part, at any time. In such cases, the updated version will be made available on the Website together with its effective date. The terms applicable to the Guest will be those in force when the booking is confirmed.
The Guest declares having read the Terms and Conditions, which must be accepted before a booking can be confirmed. Any confirmed booking constitutes express and unconditional acceptance of the Terms and Conditions and waiver of any other purchasing terms or conditions. Where a booking is made on the Hotel Website, the Guest confirms having read and accepted the Terms and Conditions by ticking the appropriate box before finalising the booking.
The Guest may save and print these Terms and Conditions using the standard functions of their browser or computer.
1 - SCOPE
The Terms and Conditions apply to all bookings made directly with the Provider or online through the Hotel Website's booking services.The Terms and Conditions apply to all services offered by the Hotel.
Registration of the booking and dispatch of its confirmation shall constitute evidence of the transaction and acceptance of the operations performed.
2 - LEGAL CAPACITY
The Guest declares that they are acting for personal purposes unrelated to any commercial, industrial, craft, professional or agricultural activity and that they have full legal capacity to enter into obligations under these Terms and Conditions.The Guest declares that they are responsible for the use of the Hotel Website's booking services, both on their own behalf and on behalf of third parties, including minors. The Guest warrants that all information supplied by them or by minors in their care when booking is true and accurate.
Fraudulent use of the Hotel's booking services or any use contrary to the Terms and Conditions may result in refusal of access to the services offered and legal action before the competent courts.
3 - FORMATION OF THE CONTRACT
The contract is deemed formed once the Provider has assigned a booking number to the Guest and communicated it in the booking confirmation, by any means of communication (telephone, email, post, etc.).4 - BOOKING
The Guest selects the services that meet their needs from those offered by the Provider and described on the Hotel Website.The Guest acknowledges having read the nature, purpose and booking conditions of the services available on the Hotel Website, and having requested and obtained any information needed to make an informed booking.
The Guest is solely responsible for choosing the services and assessing their suitability for their needs. The Provider may not be held liable in this respect.
The booking is deemed accepted by the Guest once the booking process has been completed.
5 - BOOKING METHODS
The services offered by the Hotel may be booked by telephone on +33 (0)1 39 49 07 07, by email, online via the Hotel Website, or by post addressed to: Hotel la Résidence du Berry, 14 rue d’Anjou, 78000 Versailles, France.Written confirmation of the booking will be sent to the Guest as soon as possible, and no later than eight (8) days after the booking, by any means of communication.
This confirmation will include the essential details of the booking, including the room type, number of nights, price, expected availability date and any other services added by the Guest to the booking request.
6 - PROOF OF TRANSACTION
It is expressly agreed that, unless proven otherwise, data held in the Provider's information system, in electronic or computerised form, shall be considered evidence of bookings made by the Guest. Accordingly, this data may be submitted as evidence in any legal or other proceedings, and shall be admissible, valid and binding on both parties in the same way, under the same conditions and with the same evidential value as any written document created, received or retained.7 - PRICES
Prices applicable to bookings are shown before and during the booking process.The amount payable by the Guest consists of the price of the stay (the unit price of the room selected by the Guest multiplied by the number of nights), plus any options selected during booking (unit price multiplied by the quantity ordered), where applicable. Unless otherwise stated on the Website, optional services (such as breakfast) that are not offered at the time of booking are not included in the price.
Prices are quoted in euros inclusive of all taxes (including VAT) and are valid only for the date or period indicated on the Website.
The tourist tax, indicated for each rate, is payable directly to the Hotel on site unless otherwise specified during booking.
Any change to existing government or local taxes, or introduction of new taxes imposed by the competent authorities, will automatically be reflected in the prices applicable on the invoice date.
For bookings made online through the Hotel Website, the Guest may choose between several rates:
- a preferential rate for a non-changeable, non-refundable booking;
- a flexible rate for a changeable and refundable booking, subject to the stated amendment and refund conditions.
The Provider reserves the right to change prices shown in brochures and other promotional materials, as well as prices displayed at its establishments, at any time without notice. Such changes will not affect bookings previously accepted by the Provider.
8 - PAYMENT TERMS
When making a booking, the Guest must provide their payment-card authentication details in order to validate the booking. Failing this, the booking will be cancelled automatically.The Hotel may also ask the Guest to present identification to help prevent payment-card fraud.
- for the preferential prepaid rate : the total booking amount is charged to the payment card provided by the Guest at the time of booking. The Guest expressly acknowledges that this is a prepayment and that the card will be charged before the stay. A booking validated by the Guest becomes effective only after authorisation has been granted by the relevant card-payment processing centres. If authorisation is declined, the booking will be automatically cancelled. Payment must be made using one of the accepted payment cards indicated on the Website, through a secure web page. The Guest's card details are encrypted using SSL (Secure Sockets Layer) technology with up to 128-bit encryption. The Guest's card details are never transmitted over the Internet without encryption.
- for the flexible rate : no prepayment is required when booking. The Guest's card number is required to guarantee the booking, but the card will not be charged at that time. The Guest must pay the Provider directly at the Hotel upon departure.
- for rates not prepaid online : the Hotel may request a security deposit or authorisation to charge the Guest's credit card on arrival, to guarantee payment for services consumed on the premises.
- payment for extras : additional items (bar purchases, telephone calls, etc.) not expressly included in the rates must be paid directly at the Hotel at the end of the stay. Otherwise, the Guest expressly authorises the Provider to charge the payment card supplied as a guarantee to settle these extras.
9 - CHANGES TO A BOOKING
This provision does not apply to bookings made at the preferential rate.- Changes requested by the Guest: bookings may be amended free of charge, subject to availability. Any increase in price resulting from changes requested by the Guest will be charged separately.
- Changes requested by the Provider: if the reserved rooms become unavailable due to an unforeseen event, the Provider undertakes to accommodate the Guest in a hotel of at least equivalent standard at no additional charge. The Provider will cover any transfer costs arising from the relocation.
10 - BOOKING CANCELLATION POLICY
Guests are reminded that, in accordance with Article L. 221-28 of the French Consumer Code, they do not have the right of withdrawal provided for in Article L. 221-18 of that Code.Bookings made at the preferential rate may not be cancelled by the Guest.
For all other bookings, any cancellation request must be sent by email, quoting the booking number.
For bookings made on the Hotel Website, the Guest may cancel by clicking the link at the end of their booking confirmation email and following the instructions displayed on screen.
Where booking fees apply, these are non-refundable. Any cancellation charges payable by the Guest are specified during the booking process.
In the event of cancellation, if the Guest has paid all or part of the booking online, the amount paid will be refunded after deduction of any cancellation charges.
Guests are advised to cancel as soon as possible once the reason for cancellation arises.
For the purpose of calculating cancellation deadlines, the “scheduled arrival date” is deemed to be noon (12:00 p.m.) local time on the date of the first booked night.
- Cancellation by the Guest for a one-night stay : cancellation must take place no later than one (1) day before the scheduled arrival date. If cancellation takes place less than one (1) day before arrival, or if the Guest does not arrive at the Hotel, the full booking amount will be charged, excluding extras (except in cases of force majeure).
- Cancellation by the Guest for a stay of more than one night : cancellation must take place no later than one (1) day before the scheduled arrival date. If cancellation takes place less than one (1) day before arrival, or if the Guest does not arrive at the Hotel, a minimum charge equivalent to the first night will apply. Depending on the Provider's ability to resell the services originally booked, charges may be as high as the full booking amount, excluding extras (except in cases of force majeure).
- Cancellation by the Provider : If the professional fails to deliver the goods or provide the service on the date or within the period specified in the first paragraph of Article L. 216-1 of the French Consumer Code or, failing such a date or period, no later than thirty days after conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgement of receipt or by a written notice on another durable medium, if the professional has failed to comply within a reasonable additional period after being formally requested to deliver or perform under the same conditions. The contract is deemed terminated when the professional receives the letter or written notice informing them of termination, unless performance has taken place in the meantime. Where the contract is terminated in accordance with Article L. 216-2, the professional must refund the consumer all sums paid no later than fourteen days after the date on which the contract was terminated. Furthermore, if reserved rooms become unavailable due to an unforeseen event, the Provider undertakes to relocate the Guest to a hotel of at least equivalent standard, without any additional charge. The Provider will cover any resulting transfer costs.
11 - STAYING AT THE HOTEL
Reception is open 24 hours a day.Unless expressly agreed otherwise, the Guest may check in from 2:00 p.m. on the first day of their booking and must vacate the room before noon (12:00 p.m.) on the final day. Otherwise, an additional night's accommodation will be charged.
The Guest agrees to use the room and shared areas made available to them with due care and consideration. Any conduct contrary to safety or hygiene rules, accepted standards of behaviour or public order may lead the Provider to require the Guest to leave the Hotel without compensation or any refund of sums already paid.
Any damage caused by the Guest in the booked room may be charged directly to them. A penalty of up to the price of the room may be imposed if the Guest fails to observe a no-smoking notice displayed in the room.
The Guest also undertakes not to use the computer resources made available by the Hotel (in particular its Wi-Fi network) to reproduce, display, make available or communicate to the public any works or items protected by copyright or related rights, including texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the rights holders as required under Books I and II of the French Intellectual Property Code.
12 - GUEST OBLIGATIONS AND LIABILITY
The Guest is solely responsible for the information supplied when creating their account and/or making any booking. The Provider cannot be held liable for incorrect or fraudulent information submitted by the Guest. The Guest is also solely responsible for use of their account and any bookings made, whether on their own behalf or for third parties, including minors, unless they can demonstrate fraudulent use that did not result from any fault or negligence on their part. The Provider must be notified immediately of any misappropriation or fraudulent use of the Guest's email address.The Guest undertakes to use the Hotel Website and the services offered there in compliance with applicable regulations and these Terms and Conditions. If the Guest breaches their obligations under these Terms and Conditions, they will be liable for any damage caused to the Hotel, the Provider or third parties. Accordingly, the Guest undertakes to indemnify and hold the Provider harmless against any claims, proceedings or actions of any kind resulting from such breaches and against any related damages, costs or compensation.
In particular, by making a final booking, the Guest undertakes to pay the price and comply with any relevant specific terms.
Any booking or payment that is irregular, ineffective, incomplete or fraudulent for reasons attributable to the Guest will result in cancellation of the order at the Guest's expense, without prejudice to any civil or criminal proceedings against them.
13 - PROVIDER LIABILITY
In the online booking process, the Provider is subject to an obligation to use reasonable efforts. The Provider shall not be liable for damage arising from use of the Internet, including loss of data, intrusion, viruses or service interruption. Hyperlinks may lead to websites other than the Hotel Website. The Hotel disclaims any liability for the content of such sites or the services offered there. The decision to visit third-party websites is therefore entirely the responsibility of the Guest.Although every effort is made to ensure that photographs, graphic representations and text illustrating the Hotel provide the most accurate possible impression of the services offered, variations may occur, particularly as a result of changes in furnishings or renovation works.
In accordance with laws and regulations governing intellectual property rights, any use and/or reproduction of all or part of the elements making up the offers presented on the Hotel Website is strictly prohibited.
The Provider shall not be liable for any indirect damage arising under these Terms and Conditions, including damage caused by third parties, the Guest or the Hotel's partners.
14 - PERSONAL DATA
The Guest acknowledges and accepts that the Hotel, acting as data controller, collects and processes the personal data necessary to manage bookings and guests, issue invoices, process payments and carry out commercial activities and satisfaction surveys. This data is intended for the Hotel and its service providers.Each form collecting personal data informs the Guest whether the requested information is mandatory or optional by means of an asterisk.
The processing of information submitted through the Hotel Website complies with legal requirements for the protection of personal data, and the information system used provides a high level of protection for that data.
In accordance with applicable French and European regulations, the Guest has the right to access, rectify and erase personal data concerning them and may object to its processing. To exercise these rights, the Guest may contact the Hotel by post or email using the following details:
78000 Versailles, France
Email: resa@hotel-berry.com
hotel-berry.com/
(Host's CNIL declaration No. 1562554)
The Guest is also informed of their right under Article L. 223-2 of the French Consumer Code to register on the telephone-marketing opt-out list when their telephone contact details are collected. Further information is available at www.bloctel.gouv.fr.
15 - COOKIES
The Website uses cookies. A cookie is a computer file stored on the hard drive of the Guest's device. Its purpose is to identify a previous visit by the Guest to the Hotel Website. The Provider uses cookies only to personalise the service offered to the Guest.The Guest may refuse cookies by configuring their web browser accordingly. In doing so, they will no longer benefit from the personalisation of services provided through the Website.
16 - INTELLECTUAL PROPERTY
The Provider owns all intellectual property rights relating to the Hotel Website and its use.Elements available on the Website, including texts, photographs, images, icons, sounds, videos, software and databases, are also protected by intellectual and industrial property rights and other proprietary rights held by the Provider.
Unless the Provider has given its express prior written consent, it is strictly prohibited to reproduce, exploit, distribute or use any element of the Website, even in part and for any purpose, or to distribute a simple link or hyperlink.
17 - ENTIRE AGREEMENT
These Terms and Conditions, the terms of sale applicable to the rate booked by the Guest and the booking confirmation set out the entire obligations of the parties and constitute confirmation of the contract containing all the information required under Article L. 221-5 of the French Consumer Code, within the meaning of Article L. 221-13 of that Code.The documents constituting the contractual commitments between the parties are, in descending order of priority: the booking confirmation, including the specific terms of the rate booked and validated by the Guest, followed by these Terms and Conditions.
If there is any conflict between the booking confirmation and the Terms and Conditions, the provisions contained in the booking confirmation validated by the Guest shall be the only provisions applicable to the obligation concerned.
18 - FORCE MAJEURE
The Provider, the Hotel and the Guest shall not be held liable for failure to perform their obligations resulting from a force majeure event as defined in Article 1218 of the French Civil Code.It is expressly agreed that force majeure suspends the performance of the parties' reciprocal obligations.
Each party shall bear all costs for which it is responsible arising from the force majeure event.
19 - COMPLAINTS
Any complaint relating to a booking must be sent by the Guest by registered post with acknowledgement of receipt to the following Hotel address no later than fifteen (15) days after the final night's stay. Otherwise, the claim will be time-barred:14 rue d’Anjou
78000 Versailles, France
The consumer may bring proceedings either before a court having territorial jurisdiction under the French Code of Civil Procedure or before the court for the place where they resided when the contract was concluded or the harmful event occurred.
20 - JURISDICTION
These Terms and Conditions and the contractual relationship between the Provider and the Guest are governed by French law.ANY DISPUTES ARISING FROM PURCHASE AND SALE TRANSACTIONS CONCLUDED UNDER THESE TERMS AND CONDITIONS, INCLUDING DISPUTES CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES OR AFTERMATH, WHICH CANNOT BE RESOLVED BETWEEN THE PROVIDER AND THE GUEST, SHALL BE REFERRED TO THE COMPETENT COURTS IN ACCORDANCE WITH ORDINARY LAW.
The Guest nevertheless undertakes to seek an amicable solution before commencing legal proceedings.
The Guest is informed that they may, in any event, use an out-of-court mediation procedure, in particular through the Tourism and Travel Mediator (Médiateur Tourisme Voyage), whose contact details are as follows:
BP 80 303
75823 Paris Cedex, France
Email: info@mtv.travel
For further information about the Tourism and Travel Mediator, the Guest may consult www.mtv.travel.
The Guest is informed that they may access the European online dispute resolution (ODR) platform for disputes between consumers and professionals by clicking here.
21 - PRE-CONTRACTUAL INFORMATION
The Guest acknowledges having been provided, before confirming their booking on the Hotel Website, in a clear and understandable manner and on a durable medium, with these Terms and Conditions and all pre-contractual information required under Articles L. 221-5 and L. 221-11 of the French Consumer Code, including in particular:- the essential characteristics of the services, taking into account the communication medium used and the service concerned;
- the price of the service and any additional charges;
- where the contract is not performed immediately, the date or deadline by which the Provider undertakes to perform the service;
- information about the Provider's identity, postal address, telephone number, email contact details and activities, insofar as they are not apparent from the context;
- information about legal guarantees and the arrangements for exercising them;
- the functionality of digital content and, where applicable, its interoperability;
- the possibility of using out-of-court mediation in the event of a dispute;
- the fact that the right of withdrawal does not apply;
- where applicable, information about the costs of using a means of distance communication, the existence of codes of conduct, security deposits and guarantees, termination procedures, dispute resolution methods and other contractual terms.
22 - RCS SERVICES
In connection with the provision of enhanced messaging services (RCS – Rich Communication Services), Hotel la Résidence du Berry collects and processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable French legislation.This service is operated by Aviza Reputation, a technical provider acting as a data processor under Article 28 of the GDPR, on the Hotel's instructions.
Data collected
Data that may be collected in connection with the RCS service include in particular:
- Recipients' telephone numbers.
- Guests' first names, for message personalisation.
- RCS message content (text, images, links and buttons).
- Performance data (delivery, opening and interaction).
- Sender identification (the Hotel's brand, logo and visual identity).
Purposes of processing
The data is processed for the following purposes:
- Automatically sending post-stay guest review requests by RCS or SMS.
- Personalising communications (the Guest's first name and the Hotel's identity).
- Monitoring campaign performance (statistics and reports).
- Preventing fraud, abuse or non-compliant use.
- Complying with legal obligations, particularly concerning retention and security.
Legal basis
Data processing is based on:
- The Hotel's legitimate interest in requesting post-stay guest reviews and securing the service.
- Recipients' prior consent, as required by applicable regulations.
Data recipients
Data may be shared with Aviza Reputation (the principal processor), its technical subcontractors (SMS Partner, telecommunications operators and Google through the RCS Business Messaging programme), strictly for the provision of the service, and with competent authorities where required by law.
Data retention period
Data is retained for a maximum of 24 months from collection, unless a legal obligation or legitimate interest justifies longer retention (for example, tax or security requirements).
Rights of data subjects
Data subjects have the right to access, rectify, object to, erase and restrict the processing of their data, as well as the right to data portability. These rights may be exercised by writing to resa@hotel-berry.com. Any Guest who no longer wishes to receive these messages may also reply STOP to the message received.
Security
The Hotel and Aviza Reputation implement appropriate technical and organisational measures to ensure the confidentiality, integrity and availability of data processed in connection with the RCS service.