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CONDITIONS GÉNÉRALES DE VENTES + RÈGLEMENT INTÉRIEUR 

Publiées le 31/01/2023
General Terms and Conditions of Sale and HOTEL RULES
THE LITTLE NICE PASSEDAT * * * * *
 
Version dated 26/01/2023
 
Preamble
PASSEDAT LE PETIT NICE is a SAS registered in the Marseille Trade and Companies Register under the number 073 801 938, whose registered office is located 
17, rue des braves - 13007 Marseille and whose intra-community VAT number is FR 28 073 801 938.
Its contact details are :
E-mail: contact@passedat.fr
Telephone: +33 (0)4 91 592 592PASSEDAT LE PETIT NICE operates a very high-end hotel in Marseille (rated 5 stars) and a gastronomic restaurant rated 3 stars in the "Guide Michelin".
PASSEDAT LE PETIT NICE publishes and operates the hotel reservation website accessible at the following URL address: https://www.passedat.fr/.
The Client is invited to read these GTCs carefully, acceptance of which is compulsory for the reservation of all the Services and ancillary Services available on the Internet Site. The Client is advised to keep a copy by saving it on his computer or printing it.
 
Prior to booking any Services online, the Client declares that he/she is
 
He/she is acting for his/her personal needs which do not fall within the scope of his/her commercial, industrial, liberal, artisanal or agricultural activity and,
He/she has read these GTC, as well as the Special Reservation Conditions, the Privacy Policy and the Hotel's Internal Rules and Regulations, and has accepted the terms thereof by ticking the box provided for this purpose prior to paying the price of his/her stay. 

1. Definitions
 
The terms used in these General Terms and Conditions of Sale (hereinafter referred to as "GTC") that are capitalized and not previously defined shall have the meaning given to them below:
"AVL" refers to the Online Travel Agencies with which the Hotel has concluded a partnership agreement to enable them to offer the reservation of stays at the Hotel from their own website (e.g. Booking, Hotels.com, Expedia).
"Customer" means a legal entity or an individual of legal age acting for his or her own personal needs and having full legal capacity to enter into a commitment hereunder.
"Special booking conditions" refers to the special conditions of an offer of Services and ancillary Services according to the criteria selected by the Client for his stay (arrival and departure dates, number of persons, number of rooms, category of rooms, ancillary services, etc.) It includes the amount of the tourist tax to be paid by the Client in addition to the price.
"Reservation confirmation" means the document published by the Hotel and sent by e-mail to the Customer, which summarises the details of the reservation for the stay paid for by the Customer.
"Reservation request" means any request made by the Customer on the Hotel's website to reserve a hotel room.
"Extras" refers to all additional services and purchases ordered by the Customer during his/her stay (e.g.: minibar and bar drinks, breakfasts, telephone, transport services, catering, laundry services, clothes alterations, etc.).
"No-show" means a reservation made on the Website or by telephone by a Client and for which the Client does not check-in on the scheduled arrival date.
"Hotel" refers to the hotel managed by the company PASSEDAT LE PETIT NICE whose address is Anse de Maldormé / Corniche JF Kennedy - 17 rue des Braves 13007 Marseille.
"Partners" refers to all service providers who have concluded a service contract or partnership agreement with the Hotel.
"Internal Regulations" means the Hotel's internal regulations.
"Services" refers to any hotel room reservation service and ancillary services available on the Hotel's Internet site. 
"Ancillary services" means optional services that are free of charge (a parking space and a cot on request) or subject to a charge (breakfast, flowers and a bottle of champagne). 
"Website" refers to the website published and managed by the Hotel and accessible at the following URL address: https://www.passedat.fr/
"Upgrade" refers to the provision to the Customer of a room in a category higher than the one initially booked on the Website, depending on the availability of the room at the time of arrival. 

2. Purpose 

The purpose of these GTC is to define the terms and conditions under which the Hotel allows the Customer to access the Services on the Web Site.
As these GTC may be subject to subsequent amendments, the version applicable to the Customer's purchase is the one in force on the Website at the time of the Customer's reservation.


3. Scope

 
These GCS apply, without restriction or reservation, to all the Services and to all the Additional Services offered by the Hotel on its Website and ordered via the Website by the Customer. The main characteristics of the Services and Additional Services are presented on the Website. These T&Cs:
are applicable for the entire duration of the Services offered by the Hotel on its Website. The Hotel reserves the right to temporarily or permanently close access to its Website,
apply to the exclusion of all other conditions, and in particular those applicable for other Services marketing channels such as the AVL website,
prevail, where applicable, over any other version or any other contradictory document. Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Customer.
Thus, the acceptance of the GCS, the Special Booking Conditions, the Confidentiality Policy as well as the Internal Regulations, has between the Hotel and the Customer the same value as a handwritten signature on paper.

4. Reservation

4.1 Booking process on the Website

The Customer selects on the Website the Services and Additional Services that he wishes to reserve, according to the following terms:

Step 1: Selecting the “Book” tab on the Website home page;

Step 2: Select the “Hotel” tab;

Step 3: Choice of the dates of the stay (arrival and departure);

Step 4: Selection of the type of room available on the chosen reservation dates and the associated rate;

Step 5: Possible selection of Additional Services;

Step 6: Verification and validation of the summary of the reservation specifying the details of the Services and Additional Services reserved (number of people, deadline for free cancellation, Additional Services chosen, total amount of the price of the stay including tax and excluding tourist tax, etc. ). During this stage, the Customer has the opportunity to check the accuracy of the details of his reservation, his total price and to immediately correct any errors before validating his final acceptance. This validation enabling the Special Booking Conditions to be established is kept by the Hotel until the end of the Customer's stay as proof of the sale of the Services and Additional Services;

Step 7: Indication of the elements of identification of the Customer and his companions and his contact details (surnames, first names, e-mail, telephone, country of residence, etc.) Each reservation is nominative and can in no case be transferred to a third ;

Step 8: Online consultation and acceptance by ticking the GCS, the Special Booking Conditions, the Privacy Policy and the Rules of Procedure. These documents are at this stage accessible to the Customer via a hypertext link and are printable;

Step 9: Entering the details of your bank card for the online payment of a deposit corresponding to the total amount of the price of the stay (including tax and tourist tax not included). This deposit cannot be qualified as a deposit;

Step 10: After validation of the conformity of the reservation and verification of the collection of the full price by the Hotel, the latter almost instantly sends the Customer an e-mail Confirmation of the reservation of the Services and the Additional Services summarizing the details of the reservation of the stay validated by the Customer (dates of the stay, reserved rooms, contact information of the Hotel, etc.), as well as an attachment, a copy in <.pdf> format of these GTC , the Special Booking Conditions, the Privacy Policy and the Rules of Procedure. The Customer:
is solely responsible for its choice of Services and Additional Services as well as their suitability for its needs, so that the Hotel cannot be held liable in this regard and,
undertakes to complete the information requested on the reservation request and certifies the veracity and accuracy of the information transmitted. The sale of Services will only be considered final after receipt of the full price and sending by e -email to the Customer of the Booking Confirmation.
The Hotel ensures the conservation of the writing evidencing the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute relating to the payment of a previous reservation.

 

4.2 Reservation via third-party website
 
The Customer is informed that the Hotel has concluded partnership agreements with AVLs in order to allow the Customer to search, select and book a stay at the Hotel directly on the website of these AVLs.
When the Customer books a stay at the Hotel on the website of one of these AVLs, the general terms and conditions of use of Services (“CGUS”) of the website of the AVL concerned are applicable to him. The Customer must read and accept them before paying for his reservation on the website of the AVL concerned.

5. Tariff conditions

5.1 Price

The Services and Additional Services of the Hotel are offered at the price in effect on the Website on the date of the request for reservation of a stay by the Customer.
The prices of the Hotel are expressed in Euros and include VAT (excluding tourist tax). They take into account VAT at the applicable rate of 10%. Any change in the rate applicable to VAT will be automatically reflected in the prices indicated on the date of invoicing. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
The prices of a stay on the Website take into account any reductions that may be granted by the Hotel.
The prices displayed online on the Website do not include the cost of Extras ordered by the Customer and which must be paid during or at the end of the stay.

5.2 Methods of payment of the price

5.2.1 Online payment for the reservation of the stay

Online payment of the price of the reserved stay must be made by the Customer, with one of the bank cards listed below, indicating directly in the box provided for this purpose on a web page secured by SSL encryption (Secured Socket Layer - protocol up to 128 bit):
the numbers on the card (without spaces),
the name of the cardholder,
the expiry date of the card (month and year) and,
the visual cryptogram. The bank cards accepted are as follows:
Visa
MasterCard
Diners Club
JCBThe Customer will present himself at the Hotel with the bank card that enabled him to make the payment for the reservation online. He will be asked to present an identity document as part of the procedures for preventing credit card fraud.
 
5.2.2 Payments for Extras on site

The Hotel does not accept the payment of Extras in cash for an amount greater than 1,000 euros for French tax residents and for an amount greater than 15,000 euros for other Customers.
The Hotel does not accept payment for Extras by bank checks and holiday vouchers.


6. Deposit
 
Upon arrival at the reception, the Hotel will ask the Customer for a deposit by credit card (also called "pre-authorization") in order to guarantee the payment of Extras and any damage observed in the Hotel and committed by the Client and/or his companions.
 
A deposit of €500 will be requested from the Customer's bank. 
 
This deposit request is not an immediate debit but corresponds to a reserve for later payment authorized by the Customer's bank. Once accepted by the bank, this deposit temporarily reduces the ceiling of the Customer's bank card used to guarantee the possibility of subsequent debit.
 
A valid credit card number in the Customer's name will therefore be required for this deposit.
 
7. Reception - Arrival / Departure
 
7.1 Reception
 
The reception is open 7 days a week, 24 hours a day, except when the Hotel is closed.
However, registration can be done until one o'clock in the morning maximum.
 
Foreign residents, including accompanying persons and adolescents over the age of 15, must complete an "individual police form". The information contained in it is governed by French law (Code of entry and residence of foreigners and right of asylum - article R.814-1 to R. 814-3).
 
The individual police files must be kept by the Hotel for a period of 6 months and given, at their request, to the police services and gendarmerie units. This transmission can be carried out in dematerialized form
 
7.2 - Arrival / Departure
 
Unless expressly provided otherwise, the room will be made available to the Customer on the day of his arrival at 4 p.m. and the Customer must leave the room on the day of his departure no later than noon.
 
In case of departure after noon, 50% of the price of the room at the daily rate will be charged to the Customer.
 
In the event of departure after 4 p.m., the price of one night at the daily rate will be invoiced.
 
If the Customer wishes to keep the room for an additional night, the reception must be informed before 11 a.m. the same day, subject to availability.

7.3 Upgrades
 
Upgrades may include rooms on higher floors, with better views, rooms with special services. The Customer must request this benefit upon arrival at the Hotel. Upgrades are not guaranteed for long-term stays (e.g. more than 6 Qualifying Nights) and will be granted by the Hotel at its sole discretion and subject to availability.


8. Children & extra bed
 
Children are the full responsibility of the Customer.
 
Children up to the age of 3 stay free in the Hotel.
 
Only one cradle (cot) per room is possible. Subject to availability, its supply is free.
 
Only an extra bed (child bed) in the room is possible. Subject to availability, the supply of an extra bed is charged at €70 including tax per day.
This supplement for an extra bed is in principle mentioned in the total amount of the Stay when booking on the Website.
 
9. Objects of the Client
 
9.1 Abandoned or forgotten objects
 
The Customer's personal items left as pledge or abandoned may be sold at auction by the Hotel under the conditions provided for by French law (Law of 31 March 1896 relating to the sale of objects abandoned or left as pledge by travelers to hoteliers, amended by Ordinance No. 2019-964 of September 18, 2019 and by Law No. 2011-1862 of December 13, 2011).
 
If the Customer asks the Hotel to return, by parcel or post, their forgotten personal items, this return will be made after the Customer has paid the shipping costs previously announced by the Hotel.
 
9.2 Objects entrusted to the Hotel
 
Personal items (cheque book, jewellery, works of art) and the Customer's luggage may be entrusted to the Hotel so that they are kept safe and monitored. The Hotel can only be held liable in the event of loss, theft or damage to personal items and luggage previously identified by the Hotel and entrusted to it directly.
 
10. Accommodation for people with reduced mobility or with disabilities
 
Access to the Hotel and circulation within the Hotel are suitable for people with reduced mobility (elevator, width of corridors and doors sufficient for the passage of a wheelchair).
 
The Hotel also has “Executive” category rooms adapted for people with disabilities which have the following equipment:
low bed,
low counters and sink,
low desk,
low door lock,
low height door peephole…
Blind people may be accompanied by their guide dog.


11. Pets
 
Guide dogs for the blind or assistance over 5kg are accepted free of charge in the Hotel.
 
Only dogs will be accepted by the Hotel provided:
 
to have a maximum weight of 7 kg,
to have made a prior request to the Hotel before any reservation, either online on the page of the Website entitled "Summary" (https://www.secure-hotel-booking.com/smart/Le-Petit- Nice-Passedat/2CLT/fr/#summary) in the “Special Request” box reserved for this purpose, either by telephone,
that they do not present a risk of safety, health or nuisance for the other occupants of the Hotel; the assessment of this risk being left to the discretion of the Hotel and,
that the limit of the number of animals per night has not already been reached.
For safety, health and hygiene reasons, pets accepted and present in the Hotel:
 
must be kept on a leash, placed in a transport crate, in all common areas of the Hotel,
will be under the supervision and full responsibility of the Customers who own them,
cannot be left alone in the rooms, except at mealtimes and,
will not be allowed to access the “Wellness” area or the swimming pool of the Hotel for reasons of hygiene, safety and/or tranquility.
A supplement of €70 per day of reservation and per animal will be invoiced to the Customer.
 
12. Complaint
 
The Customer will have a period of 8 days from the date of the end of his stay at the Hotel to issue, in writing to the e-mail address relationclient@passedat.fr or to the following address
“Customer Relations Service”
Hotel Le Petit Nice Passedat
  17 rue des braves
13007 Marseilles
France
any reservations, complaints or claims concerning the provision of the Services and the Ancillary Services, with all the supporting documents relating thereto. Beyond this period and in the absence of the necessary supporting documents, no complaint will be accepted by the Hotel.
 
In the context of its relations with the Hotel relating to such reservations, complaints or claims, the Customer undertakes to show courtesy and not to invective the managers or staff of the Hotel. Failing this, the Hotel reserves the right to take any appropriate measure to put an end to any harmful or reprehensible attitude towards it or that of its employees.
13. Online reviews and comments on third-party broadcast media
 
During their Stay at the Hotel or at the end of their Stay, the Customer is entitled to publish their photographs, videos, opinions and comments on websites specializing in this type of service.
If the Hotel or members of its staff are represented, recognizable and/or named, it reserves the right to respond to and/or take legal action against such publications if they contain the following elements:
any editorial content that is false, falsified, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, objectionable, suggestive, harassing, or that encourages the harassment of another person, threatening, invasive of privacy or the right to public image, abusive, provocative, fraudulent or otherwise objectionable;
any editorial content that is clearly offensive to the Hotel and/or its staff members, including content that incites racism, bigotry, hatred or physical violence of any kind,
any editorial content that would constitute, encourage, promote or provide instructions aimed at the exercise of an illegal activity or a criminal offense within and to the detriment of the Hotel,
any editorial content representing to the public spaces or areas of the Hotel not accessible to customers,
any editorial content that generates a violation of the privacy of others of the Hotel's customers or its staff,
any editorial content likely to infringe a trademark, trade secret, copyright or any other intellectual or proprietary right of the Hotel;
any editorial content that impersonates another Hotel guest or a member of Hotel management or one of its employees.
14. Right of withdrawal

In accordance with article L. 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L.221-18 of the Consumer Code, given the nature of the Services provided, namely accommodation services to be provided on a specific date or period.
Subject to the cancellation conditions set out in article 13 of these GCS, the contract for the provision of services is therefore concluded definitively from the date of Confirmation of reservation according to the methods specified in article 4 "Reservation" of these T&Cs.


15. Modification and cancellation of the reservation
 
15.1. Cancellation and Modification by the Customer
 
Is considered as a cancellation, a request for early cancellation of the stay by the Customer.
 
Is considered as a modification, an early request for postponement of the stay or modification of the number of rooms by the Customer.
 
The possibilities of modifying or canceling the reservation made on the Website differ according to the nature of the Service offers and the category of rooms offered by the Hotel, as well as the dates selected by the Customer for their stay.
 
Certain Service offers are non-cancellable, non-modifiable and non-refundable. The Customer is informed of this beforehand when booking. For these offers, in the event of cancellation of the Stay by the Customer, the sums collected by the Hotel during the Booking Confirmation are not refunded to him.
 
Other offers provide for the possibility of early cancellation of the Stay according to specific criteria specified in advance to the Customer on the Website when booking and/or to modify the booking. For these offers, in the event of cancellation or request for modification of the Stay by the Customer in accordance with the said specific criteria, the sums collected by the Hotel during the Booking Confirmation are reimbursed to it after deduction of the cancellation costs (including in particular bank transfer fees paid by the Hotel in the event of reimbursement to the Customer) set according to the following scale:
 
 
Amount of cancellation fees charged by the Hotel (as a % of the total amount of the price of the reservation)
 
 
Total cancellation
Postponement within 12 months
Date of total cancellation or postponement by the Customer
 
Up to D-120
5%
0%
From D-119 to D-60
10%
20%
From D-59 to D-10
50%
40%
From D-9 to the day of arrival
100%
50%
 
In the event of No-Show by the Client, the sums collected by the Hotel during the Booking Confirmation are not refunded to him.
 
In general, the Hotel can re-let the room(s) without delay under the following conditions:
Cancellation by the Customer
Postponement of the reservation by the Customer
No show
Error by the Customer when making the reservation (dates, quantity of room, type of room).
Delays in arrival or early departures can in no case give rise to a refund.
 
The Hotel has a legal period of 14 days to refund a customer.
 
15.2. Cancellation or modification process for the Customer
 
The Customer must click on the "Modify or cancel a reservation" tab located at the bottom center of the Website page https://www.secure-hotel-booking.com/smart/Le-Petit-Nice-Passedat/ 2CLT/en/
 
The Customer then accesses a specific interface https://www.secure-hotel-booking.com/modification/Le-Petit-Nice-Passedat/2CLT/fr on which he must specify the reference of his reservation and the PIN code which appear on the Booking Confirmation e-mail sent to it by the Hotel.
 
 
15.3. Cancellation or modification by the Hotel
 
The Hotel draws the Customer's attention to the fact that any violation of the Hotel's Internal Regulations may result in the cancellation of the reservation without refund or the expulsion of the Customer who does not respect an attitude in accordance with the provisions in terms of noise, safety, hygiene and, in general, the principles of good morals and public order.
In the event of unavailability of the Hotel apart from a case of force majeure (eg: power failure, flood, closure imposed by a Law of March 31, 1896 relating to the sale of objects abandoned or left as pledge by travelers to hoteliers, amended by Ordinance No. 2019-964 of September 18, 2019 and by Law No. 2011-1862 of December 13, 2011 COVID 19 epidemic, etc.), the Hotel undertakes to inform as soon as possible the Customer and:
 
to offer him another 5-star hotel nearby that can accommodate him on the dates initially planned. Subject to the Customer's prior agreement, in the event of a price difference, he will be offered the pricing which is the most advantageous for him;
or, failing to be able to offer him such a hosting solution, to reimburse him the amount of the deposit paid by the Customer when booking, as well as compensation in the amount specified in the table below and cannot exceed 70% of the amount of the deposit. The responsibility of the Hotel cannot be engaged in this respect by the Customer.
 
Amount of compensation reimbursed by the Hotel (as a % of the total amount of the deposit paid when booking)
Date of total cancellation or postponement by the Hotel
 
Up to D-120
62%
From D-119 to D-60
65%
From D-59 to D-10
68%
From D-9 to the day of arrival
70%


16. Rules of procedure

The Hotel draws the Customer's attention to the fact that as soon as he arrives at the Hotel, he is subject to the provisions of the Hotel's Internal Regulations, a copy of which was sent to him prior to his reservation and sent in the Confirmation. reservation.

17. Privacy Policy relating to the processing of Customer Personal Data
 
The personal data provided by the Customer when booking on the Website (surnames, first names, e-mail address, telephone number, country of residence, etc.) may be processed by the Hotel.
These personal data and the conditions and methods of processing are detailed in the Privacy Policy submitted for reading and acceptance to the Customer when booking, transmitted in <.pdf > format in the Booking Confirmation e-mail and available to any time on the Hotel's Website.
The Customer is informed that he has a permanent right of opposition, access and rectification to all of his personal data by writing by post to: SAS PASSEDAT LE PETIT NICE – 17 rue des braves – 13007 Marseille or by e-mail to the following address: contact@passedat.fr
 
In addition, the Hotel may send the Customer a satisfaction questionnaire by e-mail following their stay at the Hotel.

18. Intellectual Property

The Hotel's trademarks, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and/or logotypes appearing on the Website, derived products or their packaging, whether registered or not
(the “Trademarks”) are and remain the exclusive property of the Hotel or are granted under license to the Hotel.
The Website and all the graphic, textual, visual and photographic elements appearing therein, namely in particular all the illustrations, figurative marks or not, logotypes, images, drawings, photographs, characters, texts, decorations, modes of presentation, graphics or any other element of the Website (hereinafter the "Content") are and remain the exclusive property of the Hotel or are granted under license to the Hotel and are protected in particular by intellectual property rights.
The Brands, the Website and/or its Content may under no circumstances be modified, reproduced, represented, distributed, displayed, marketed, integrated in a derivative or other work, in whole or in part, in any medium whatsoever. In general, the Trademarks, the Website and its Content can only be used in the context of browsing the Website and, where applicable, to make a reservation or place an order.
The use of all or part of the Trademarks, the Website and/or its Content, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these T&Cs is strictly prohibited.
Any total or partial reproduction of the Website is likely to constitute an infringement punishable by articles L.355-2 and following of the Intellectual Property Code.

19. Force majeure and removal

The Hotel cannot be held liable by the Customer for the non-performance or delay in the performance of its obligations if it results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
In the event of force majeure (unforeseeable, irresistible and exceptional event) making it impossible to provide the room(s) reserved for the Customer, the Hotel reserves the right to have the Customer accommodated in a hotel of the equivalent, for services of the same nature and subject to the Customer's prior agreement.

20. Insurance

The Hotel has taken out a Civil Liability contract with the company “Compagnie Groupama Val-de-Loire. It is recommended that the Customer be personally insured for civil liability. In the event of loss or theft of personal items not entrusted to the Hotel, the Hotel cannot be held liable beyond the legal provisions. The Customer will be solely and directly responsible for any damage caused by him in the Hotel with regard to any third party. In this respect in particular, he will be responsible for carrying out, at his own expense, any restoration of the premises and spaces and equipment, subject of these GCS.


21. Liability

21.1 Liability and commitments of the Customer

The Customer is solely responsible for the choice of his Services on the Website and the suitability for his needs, so that the responsibility of the Hotel cannot be sought in this regard.
The Customer is also solely responsible for the information and data communicated at the time of booking on the Website.
The Customer is also solely responsible for the use of his e-mail address and his bank card data for his own account or on behalf of third parties, including minors, except to demonstrate fraudulent use not resulting from fault or negligence on his part. If this is the case, the Customer then undertakes to promptly notify the Hotel of any misappropriation or fraudulent use of his e-mail or bank card.

21.2 Responsibility and commitments of the Hotel

The Hotel undertakes, within the framework of an obligation of means,
to provide access to the Hotel and to the Services and Ancillary Services offered in accordance with these T&Cs and the Rules of Procedure,
to act with courtesy, professionalism and diligence,
to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention by the Customer. The Hotel cannot be held liable by the Customer for any inconvenience or damage related to the use of the network Internet and in particular:
poor transmission and/or reception of any data and/or information on the Internet,
failure of any receiving equipment or communications lines,
any malfunction of the Internet network during the reservation.22. Lack of foresight
In the event of an unforeseeable change in circumstances during the online booking of Services and Additional Services making performance excessively onerous for the Hotel or the Customer ("the Parties") who did not have to agree to assume the risk, the Parties agree to renegotiate the terms of their agreement. Failing this, they will have the possibility of deciding to terminate their agreement but the Parties intend to derogate from the second paragraph of article 1195 of the Civil Code relating to hardship. As a result, they will not appeal to the judge to adapt the Contract.

23. Application of the T&Cs

These T&Cs, the Booking Confirmation, the Privacy Policy and the Rules of Procedure constitute the entirety of the obligations of the Hotel and the Customer. No condition communicated by the Customer can be integrated into it.
In the event of a contradiction between the GCS and the Booking Confirmation or the Privacy Policy or the Rules of Procedure, the GCS that were sent to the Customer in the Confirmation of his reservation will be the only ones applicable for the Services and the Additional Services concerned.
Any clause of these GCS which would be declared null or illegal by a competent judge would be deprived of effect, but its nullity cannot affect the other stipulations, nor affect the validity of the GCS as a whole.
 
The Hotel invites the Customer to read the T&Cs carefully before each reservation and/or purchase, as these may have been modified. The T&Cs may be modified and/or supplemented at any time by the Hotel. In this case, the new version of the GCS will be put online on the Site in a readable and accessible format in order to allow the Customer to access it and to read it easily. The T&Cs thus modified/supplemented will take effect from the time they are posted on the Website and will only apply to purchases and/or reservations made after they are posted online; purchases and/or reservations prior to said posting being governed by the previous version of the T&Cs.
 
The Customer may keep these T&Cs on a durable medium by printing them. In the event of a reservation and/or purchase made on the Website, the GCS and the Special Reservation Conditions, as well as the Privacy Policy and the Internal Rules will be attached to the Reservation Confirmation e-mail sent to the Customer, allowing the Customer to download and/or print them.
 
24. Agreement of proof
 
In any case and in particular in the event of a dispute, the Hotel may validly administer proof of the actions, validations and instructions of the Customer, and in particular the entry of the required banking information, the computerized registers kept in the Hotel's computer systems, as well as as the content of Customers' messages and transactions, using connection logs, which the Customer acknowledges.


25. Applicable Law & Language

These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
 
26. Disputes

All disputes concerning the validity, interpretation, execution, termination and application of these GCS which could not be resolved between the Hotel and the Customer amicably will be submitted to the Marseilles court, and this even in the event of summary proceedings, warranty claims or multiple defendants. As an exception to the foregoing, it is specified that if the Customer is domiciled in France, he may however choose to bring any dispute before the competent court of the place of his residence at the time of the Booking Confirmation, or the occurrence of the fact harmful, in accordance with article R. 631-3 of the Consumer Code.
The Customer is informed that he may in any event have free recourse to a consumer mediator with a view to the amicable resolution of a dispute arising with the Hotel by contacting Médiation Tourisme et Voyage BP80303, 75823 Paris Cedex 17 - info@mtv.travel. The referral form for this mediator is accessible from the following link: Tourism and Travel Mediator referral form.
 HOTEL RULES
THE LITTLE NICE PASSEDAT* * * * *

  
These rules of procedure are displayed at the reception of the hotel "Le Petit Nice Passedat" (hereinafter "the Hotel") and can be consulted, free of charge and at any time, on the hotel's website at the address following url: passedat.fr, as well as prior to the online confirmation of the customer's reservation.
The customer accepts and thus undertakes to respect said regulations, the provisions of which apply both to him and to any occupant of his doing. In the event of breach of these regulations by the client (or his companions), the Hotel reserves the right to claim damages for the damage suffered, whether material (damage to rooms and/or interior common areas and outside the Hotel, complaints and claims from other customers) or reputational online and offline (damage to the image of prestige).
 
Article 1: Customer reception conditions
All reservations at the Hotel are nominative and may under no circumstances be transferred to a third party, whether free of charge or for a fee. Thus, upon arrival at the Hotel, any person booking a stay must present their valid identity document and that of their companions (passport or national identity card) to reception. Failing this, the hotelier may refuse to rent him a room and/or cancel the reservation made.
The Hotel reserves the right to cancel the reservation made or not to receive or serve customers:
minors, unaccompanied by a legal representative,
intoxicated and/or whose dress is indecent and/or negligent,
having a behavior contrary to morality and public order,
displaying disrespectful, violent and/or aggressive behavior towards Hotel staff.
Article 2: Room occupancy - Arrival / Departure
The rooms are rented for the number of people indicated when booking according to the following categories:
• Deluxe Room: 1 to 2 people maximum,
• Executive room: 1 to 2 people maximum (suitable for disabled people,
• Romantic junior suite room: 1 to 3 people maximum,
• Junior suite room: 1 to 3 people maximum,
• Suite room: 1 to 4 people maximum.
To ensure the safety rules of the Hotel (in particular those related to the risk of fire), the customer must therefore not:
rent a room for a number of people greater than that provided for each type of room;
introduce into the Hotel, in particular through backdoor access (garage access, personal access, emergency doors, etc.) and into their room, one or more third parties not known to the Hotel, without prior authorization from the latter. Upon arrival, the client:
cannot demand to occupy the room before 4 p.m., except with the prior written consent of the Hotel.
receives the keys and access badges to the room(s) and to the Hotel which are personally assigned to him. At the time of departure, the customer:
must take care not to forget his objects and personal effects in the room,
must not take away an object (whatever it is) belonging to the Hotel, except to notify it beforehand or to send it back to it if it notices a mistake, under penalty of having to settle it the price,
must ensure that the bedroom door is securely closed after leaving it;
must return the key to their room and their access badge to the Hotel reception, under penalty of having the sum of 200 euros deducted from the amount of the deposit. their access badge at the Hotel reception, the Hotel staff will verify that the rented room is left in a suitable state. If this is not the case, the Hotel will require a cleaning fee of 100 euros.
The Hotel staff will check at the same time that the bedding and the bed base have not been damaged. If this is the case, the Hotel will demand reimbursement of the damage with a minimum flat rate of €1,500 for repairs and for the inability to re-let the rooms concerned.
 
Article 3: Luggage and personal items
On arrival and before departure, the customer can entrust his luggage to the reception of the Hotel.
Any luggage left in the room without renewal of the rental after 12 p.m. will be removed from the room and placed in the luggage room. It can be picked up by its owner at the Hotel reception.
Luggage located in the common areas of the Hotel is the sole responsibility of its owner.
A safe is available to the customer in each room. It is recommended that the customer place his personal valuables there.
The Hotel declines all responsibility in the event of loss, theft or damage to personal items and luggage which have not been entrusted directly to reception.


Article 4: Keys & Access Badges
During his stay, the client must:
make sure to use your key so that the door to your room is securely closed before leaving or going to bed,
refrain from entrusting their keys & access badges to a third party unknown to the Hotel,
immediately report to the Hotel reception any loss or disappearance of their keys and/or access badges. Identity verification will be automatically requested in the event of renewal of keys and/or access badges.
 
Section 5: Children
Children are the full responsibility of their parents. It is forbidden to leave them unattended in the rooms. In general, the customer must pay for all voluntary or involuntary material damage caused directly to the Hotel by children during their stay.
 
Article 6: Letters and parcels
Hotel staff are in no way responsible for letters and parcels sent to customers staying at the Hotel. The customer must make sure to collect them directly if necessary.
 
Article 7: Nuisances during the stay in the Hotel
A decent attitude, full of restraint and discretion is required within the Hotel in order to respect the serenity of the place and the customers.
For the respect, tranquility, rest and sleep of other customers, each customer and / or his companions must take care not to slam the doors, nor to make noise especially between 10 p.m. and 8 a.m.
In general, it is strictly prohibited:
to behave in any way that could cause any type of harm to Hotel guests, Hotel staff and/or the reputation of the Hotel.- to enter the rooms and all common areas of the 'Hotel :
illicit and/or dangerous objects or substances,
any type of object or toy that looks like a firearm,
any type of object or toy that could harm the tranquility of other customers (example: megaphones, horns, portable amplifiers, musical instruments, etc.); running, rolling (skates, scooters, etc.) or shouting in the Hotel, day and night, -25 decibels at night (between 7 p.m. and 8 a.m.) and 30 decibels during the day, [CC3]
to hang laundry in the windows of the Hotel, to throw any object or waste through the windows of the Hotel. The Hotel may, if it deems it appropriate, remove any alcoholic beverage from the /or to stop serving a customer with alcohol, in particular in the event of proven intoxication or advanced intoxication of the customer in the public space of the Hotel or nuisances.
A hotel room is a place of rest, any trade is strictly prohibited there, by its occupant or his companions.
Sexual relations are strictly prohibited in the common areas and the Wellness area of the Hotel. In the event of a breach of these regulations, the Hotel reserves the right to charge customers for any overflow and possible damage to the rooms and/or common areas (interior and exterior) of the Hotel.


Section 8: Security
 
8.1 Tobacco and electronic cigarettes
For security reasons and for the respect of everyone, it is formally and strictly forbidden to smoke tobacco in the rooms and common areas of the Hotel. In accordance with Decree No. 2006-1386 of November 15, 2006 setting the conditions for the application of the ban on smoking in places assigned for collective use, smoking tobacco in the Hotel exposes the customer to a fine provided for fines third class or legal action. The Hotel reserves the right to involve the police in the event of non-compliance with any prohibition.
The vaping of electronic cigarettes is prohibited in the interior common areas, subject to authorization by the Hotel.
 
8.2 Fire alarm
Any untimely triggering of the fire alarm for non-compliance with this provision will be charged €150 for the costs of restoring the fire safety system to service.
 
8.3 Food and laundry
In the rooms, it is forbidden for security reasons:
to store food for cooking,
to use gas or electric appliances intended to cook or heat food or drinks (example: stoves, electric plates, etc.),
take meals or bring drinks not provided by the Hotel (except still or sparkling water),
to do their laundry. The equipment made available to the customer in the room must be used in accordance with their use.


8.4 CCTV
For security reasons, the common areas of the Hotel are under the control of video surveillance device with recording. Only the cases provided for by law authorize the provision of images.
 
Article 9: Hacking
Swindling is the fact, by a person who knows that he is absolutely unable to pay or who is determined not to pay:
to order and be served drinks or food in a hotel-restaurant, and/or
to be allocated and to actually occupy one or more rooms in a hotel establishment, when the occupation has not exceeded ten days. -5 of the Penal Code) in addition to the payment of damages claimed by the hotelier. The Hotel will denounce any act of fraud of which it could be the victim.
 
Section 10: Parking
The Hotel has private outdoor parking available to customers. For security reasons, this car park is monitored by a video surveillance device. People with reduced mobility have priority for the use of this car park. The Hotel declines all responsibility in the event of theft or damage to the customer's vehicle parked within the car park if they are caused by the customer's imprudence or negligence. Apart from any imprudence or negligence on the part of the customer, compensation for the theft or damage to the customer's vehicle parked within the car park will be capped at 100 times the rental price per day.


Article 11: WIFI internet access
The Hotel offers customers Wi-Fi access with a "standard" connection speed (connection speed of 8 to 10 Mb/s) allowing them to connect to the Internet for free in the common areas and/or rooms. . The customer undertakes that the computer resources made available to him will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by a copyright. copyright, by a neighboring right such as texts, photographic images, audiovisual musical works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code when this authorization is required . The customer is required to comply with the Hotel's security policy, including the rules for using the means of security implemented in order to prevent the illicit use of computer resources and to refrain from any act that undermines the effectiveness of these means. The customer will guarantee the Hotel, at its own expense, against any action and/or claim from a third party invoking the violation of an intellectual property right, and will bear all the associated costs and damages.
In any case, the responsibility of the Hotel cannot be engaged by the customer if the malfunctions of the Wifi services within the common areas or the rooms are caused by a case of Force Majeure or by unexpected interventions of the supplier of internet access on the internet network. Wi-Fi use is free for guests.
 
Article 12: Swimming pool
The swimming pool is open daily from 8 a.m. to 8 p.m. It is only accessible to customers of the Hotel or to third parties duly authorized by the Hotel.
For security reasons, the swimming pool is fenced but is not supervised by a lifeguard or an employee of the Hotel. Children under the age of 15 can therefore only enjoy it under the supervision of their parents.
Customers agree to adopt responsible behavior in and around the swimming pool (no excessive alcohol consumption by the pool, exposure to hours of high heat, supervision of children, etc.).
For reasons of hygiene, it is subject to regular inspection and cleaning, in accordance with regulations. Wearing a swimsuit is compulsory. The Hotel declines all responsibility in the event of damage caused to the customer by its own doing in and around the swimming pool.
 
Article 13: “Wellness” area
The Wellness Area is open from 8 a.m. to 8 p.m. It gives access to a hammam, a Japanese bath and a gym. It is only accessible to hotel guests upon prior reservation at reception.
For safety reasons :
- the use of the hammam and the Japanese bath is strongly discouraged for clients who suffer from respiratory, circulatory, cardiac, allergic or asthma problems,
- children under 15 cannot access this area.
For reasons of hygiene, it is subject to regular inspection and cleaning, in accordance with regulations.


Article 14: Penalties
Any behavior contrary to the principles of safety and/or hygiene, good morals and/or public order may lead the Hotel to immediately expel the client and all persons sharing his stay, without him being able to claim a refund. reimbursement of all or part of his stay.
He may also refuse any future reservations in all his establishments belonging to the same company.
Article R212-1 of the Consumer Code prohibits clauses which do not appear in the writing that the customer accepts or which are included in another document which is not expressly referred to when the contract is concluded and of which he was not aware before his conclusion
 
Article L311-10 Tourism Code and articles 1952 to 1954ccivil as well as the constant case law of the Court of Cassation consider that the hotelier cannot be totally exonerated in the event of theft of objects not placed in the safe. On the other hand, the responsibility of the customer may however be engaged if a fault on the part of the customer is demonstrated: door not closed properly or valuables not deliberately placed in the safe.
 
To be confirmed knowing that these indices are standard.
For information, case law consistently considers that, in the event that the hotelier has private use of the car park and is monitored by him, damage, theft, losses are his responsibility.
 

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