CONDITIONS GÉNÉRALES DE VENTES + RÈGLEMENT INTÉRIEUR

Publiées le 31/01/2023

GENERAL TERMS AND CONDITIONS OF SALE AND HOUSE RULES

General Terms and Conditions of Sale
Version dated 27/07/2026

Preamble

PASSEDAT LE PETIT NICE is a French simplified joint-stock company (SAS) registered with the Marseille Trade and Companies Register under number 073 801 938, whose registered office is located at 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 91 592 592

PASSEDAT LE PETIT NICE operates in Marseille a very high-end hotel (5-star rated) and a gastronomic restaurant awarded 3 stars in the "Guide Michelin".

PASSEDAT LE PETIT NICE publishes and operates the hotel booking website accessible at the following URL: https://www.passedat.fr/.

The Customer is invited to read these GTC carefully; acceptance of them is mandatory in order to book any of the Services and Ancillary Services available on the Website. The Customer is advised to keep a copy by saving them to their computer or by printing them.

Prior to any online booking of Services, the Customer declares that they:

Act for their personal needs, which do not fall within the scope of their commercial, industrial, professional, craft or agricultural activity, and have read these GTC, as well as the Specific Booking Conditions, the Privacy Policy and the Hotel's House Rules, and have accepted their terms by ticking the box provided for this purpose prior to payment of the price of their stay.

1. Definitions

The capitalised terms used in these General Terms and Conditions of Sale (hereinafter referred to as the "GTC") that have not been previously defined have the meaning given to them below:

"OTA" means the Online Travel Agencies with which the Hotel has entered into a partnership agreement enabling them to offer bookings of stays at the Hotel from their own website (e.g.: Booking, Hotels.com, Expedia).

"Customer" means a legal entity or an adult natural person acting for their personal needs and having full legal capacity to enter into commitments under these terms.

"Specific Booking Conditions" means the specific conditions of an offer of Services and Ancillary Services according to the criteria selected by the Customer for their stay (arrival and departure dates, number of people, number of rooms, room category, ancillary services, etc.). They include the amount of the tourist tax payable by the Customer in addition to the price.

"Booking Confirmation" means the document, issued by the Hotel and sent by e-mail to the Customer, summarising the details of the stay booking paid for by the Customer.

"Booking Request" means any hotel room booking request made by the Customer on the Hotel's Website.

"Extras" means all additional services and purchases ordered on site by the Customer during their stay (e.g.: bar, breakfasts, telephone, transport, catering, laundry and garment-alteration services, etc.).

"No-show" means a booking made on the Website or by telephone by a Customer for which the latter does not check in on the scheduled arrival date.

"Hotel" means 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" means any service providers that have entered into a service agreement or a partnership agreement with the Hotel.

"House Rules" means the internal rules of the Hotel.

"Services" means any hotel room booking service and ancillary services available on the Hotel's Website.

"Ancillary Services" means the optional services, whether free (one parking space and a cot on request) or paid (breakfast, bouquet of flowers and bottle of champagne).

"Website" means the website published and managed by the Hotel and accessible at the following URL: https://www.passedat.fr/

"Upgrade" means making available to the Customer a room in the category above the one initially booked on the Website, subject to room availability upon arrival.

2. Purpose

The purpose of these GTC is to define the conditions and terms under which the Hotel gives the Customer access to the Services on the Website. As these GTC may be amended subsequently, the version applicable to the Customer's purchase is the one in force on the Website on the date of the Customer's booking.

3. Scope

These GTC apply, without restriction or reservation, to all Services and all Ancillary Services offered by the Hotel on its Website and ordered via the Website by the Customer. The main characteristics of the Services and Ancillary Services are presented on the Website. These GTC: are applicable throughout the entire period during which the Services offered by the Hotel are available online on its Website.

The Hotel reserves the right to close access to its Website temporarily or permanently; apply to the exclusion of all other conditions, in particular those applicable to other distribution channels for the Services such as OTA websites, and will 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 entered into with the Customer.

Accordingly, acceptance of the GTC, the Specific Booking Conditions, the Privacy Policy and the House Rules has, between the Hotel and the Customer, the same value as a handwritten signature on paper.

4. Booking

4.1 Booking process on the Website

The Customer selects on the Website the Services and Ancillary Services they wish to book, in accordance with the following steps:

Step 1: Select the "Book" tab on the Website's home page;
Step 2: Select the "Hotel" tab;
Step 3: Choose the dates of the stay (arrival and departure);
Step 4: Select the type of room available for the chosen booking dates and the associated rate;
Step 5: Optionally select the Ancillary Services;
Step 6: Check and validate the booking summary specifying the details of the Services and Ancillary Services booked (number of people, free cancellation deadline, chosen Ancillary Services, total price of the stay including tax and excluding tourist tax, etc.). At this step, the Customer has the opportunity to check the accuracy of the details of their booking and its total price, and to correct any errors immediately before validating their final acceptance. This validation, which establishes the Specific Booking Conditions, is kept by the Hotel until the end of the Customer's stay as proof of the sale of the Services and Ancillary Services;
Step 7: Provide the identification details of the Customer and their companions and their contact details (surnames, first names, e-mail, telephone, country of residence, etc.). Each booking is personal and may under no circumstances be transferred to a third party;
Step 8: Online consultation and acceptance, by ticking a box, of the GTC, the Specific Booking Conditions, the Privacy Policy and the House Rules. These documents are accessible at this stage to the Customer via a hyperlink and can be printed;
Step 9: Enter the details of their bank card for the online payment of a deposit corresponding to the total price of the stay (including tax and excluding tourist tax). This deposit may not be qualified as an earnest deposit (arrhes);
Step 10: After validation of the conformity of the booking and verification of receipt of the full price by the Hotel, the latter almost instantly sends the Customer an e-mail confirming the booking of the Services and Ancillary Services, summarising the details of the stay booking validated by the Customer (dates of the stay, rooms booked, the Hotel's contact details, etc.), together with, as an attachment, a copy in <.pdf> format of these GTC, the Specific Booking Conditions, the Privacy Policy and the House Rules.

The Customer is solely responsible for their choice of Services and Ancillary Services and for their suitability for their needs, such that the Hotel's liability cannot be sought in this respect, and undertakes to complete the information requested on the booking request and attests to the truthfulness and accuracy of the information provided. The sale of Services shall only be considered final after receipt of the full price and the sending by e-mail to the Customer of the Booking Confirmation. The Hotel ensures the retention of the written record 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 booking from a Customer with whom there is a dispute relating to the payment of a previous booking.

4.2 Booking via third-party websites

The Customer is informed that the Hotel has entered into partnership agreements with OTAs in order to enable the Customer to search for, select and book a stay at the Hotel directly on the website of these OTAs.

When the Customer books a stay at the Hotel on the website of one of these OTAs, the general terms and conditions of use of services ("GTCU") of the relevant OTA's website apply to them. The Customer must read and accept them before paying for their booking on the relevant OTA's website.

5. Pricing Conditions

5.1 Price

The Hotel's Services and Ancillary Services are offered at the price in force on the Website on the date of the Customer's booking request for a stay. The Hotel's prices are expressed in Euros and inclusive of tax (excluding tourist taxes). They take into account VAT at the applicable rate of 10%. Any change to the applicable VAT rate will be automatically reflected in the prices indicated on the invoicing date. The same applies 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, which must be paid during or at the end of the stay.

5.2 Terms of payment of the price

5.2.1 Online payment of the stay booking

The online payment of the price of the booked stay must be made by the Customer, with one of the bank cards listed below, by entering directly in the field provided for this purpose on a web page secured by SSL encryption (Secured Socket Layer – protocol up to 128 bits):

the numbers appearing on the card (without spaces), the name of the cardholder, the expiry date of the card (month and year), and the visual security code.

The bank cards accepted are as follows:

Visa
MasterCard
American Express
Diners Club
JCB

The Customer will present themselves at the Hotel with the bank card used to pay for the online booking. They will be asked to present proof of identity as part of the procedures to prevent bank card fraud.

5.2.2 Payment of Extras on site

The Hotel does not accept payment of Extras in cash for an amount exceeding EUR 1,000 for French tax residents and for an amount exceeding EUR 15,000 for other Customers. The Hotel does not accept payment of Extras by bank cheques or holiday vouchers (chèques vacances).

6. Security Deposit

Upon arrival at reception, the Hotel will ask the Customer for a security deposit by bank card (also known as a "pre-authorisation") in order to guarantee payment of Extras and any damage found in the Hotel caused by the Customer and/or their companions.

The security deposit request will be made to the Customer's bank for a total, fixed amount corresponding to EUR 500 per room.

This security deposit request is not an immediate debit but corresponds to a reserve for subsequent payment authorised by the Customer's bank. Once accepted by the bank, this deposit temporarily reduces the limit of the bank card used by the Customer to guarantee the possibility of the subsequent debit.

A valid bank card number in the Customer's name will therefore be required for this deposit.

7. Reception – Arrival / Departure

7.1 Reception

Reception is open 7 days a week and 24 hours a day, outside the Hotel's closing periods. However, check-in may take place until 1 a.m. at the latest.

Foreign residents, including companions and adolescents over 15 years of age, must complete an "individual police form". The information contained therein is governed by French law (Code on the Entry and Residence of Foreigners and the Right of Asylum – Articles R.814-1 to R.814-3).

The individual police forms must be kept by the Hotel for a period of 6 months and handed over, upon request, to the police services and gendarmerie units. This transmission may be carried out in electronic form.

7.2 Arrival / Departure

Unless expressly agreed otherwise, the room will be made available to the Customer on the day of arrival at 4 p.m., and the Customer must vacate the room on the day of departure by noon at the latest.

In the event 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 charged.

If the Customer wishes to keep the room for an additional night, reception must be informed before 11 a.m. on the same day, subject to availability.

7.3 Upgrades

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

8. Children & Extra Beds

Children are under the sole responsibility of the Customer.

Children up to the age of 2 stay free of charge at the Hotel. Only one cot (baby bed) per room is possible. Subject to availability, it is provided free of charge.

Only one extra bed (child bed) per room is possible. Subject to availability and depending on the category of room booked. The provision of an extra bed is charged at EUR 70 including tax per day. This supplement for an extra bed is in principle included in the total amount of the Stay when booking on the Website.

9. Customer Property

9.1 Lost or abandoned property

The Customer's personal belongings left as a 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 property abandoned or left as a pledge by travellers to hoteliers, as amended by Order No. 2019-964 of 18 September 2019 and by Law No. 2011-1862 of 13 December 2011).

If the Customer asks the Hotel to return, by parcel or post, their forgotten personal belongings, this return will be carried out after payment by the Customer of the shipping costs previously notified by the Hotel.

9.2 Property entrusted to the Hotel

The Customer's personal belongings (chequebook, jewellery, works of art) and luggage may be entrusted to the Hotel so that they are kept secure and monitored. The Hotel may only be held liable in the event of loss, theft or damage to personal belongings and luggage previously identified by the Hotel and entrusted directly to it.

10. Facilities for Persons with Reduced Mobility or Disabilities

Access to the Hotel and movement within the Hotel are adapted for persons with reduced mobility (lift, corridors and doorways wide enough for a wheelchair to pass through).

The Hotel also has "Executive" category rooms adapted for persons with disabilities.

Blind persons may be accompanied by their guide dog.

11. Pets

Guide dogs for the blind or assistance dogs weighing more than 5 kg are accepted free of charge at the Hotel.

Only dogs will be accepted by the Hotel on condition that they:

have a maximum weight of 7 kg, have been requested in advance from the Hotel before any booking, 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 Requests" field provided for this purpose, or by telephone; do not present a security, health or nuisance risk to the other occupants of the Hotel — the assessment of this risk being left to the Hotel's discretion; and that the limit on the number of animals per night has not already been reached.

For safety, health and hygiene reasons, the pets accepted and present in the Hotel:

must be kept on a leash or placed in a transport crate in all the common areas of the Hotel, will be under the supervision and sole responsibility of the Customers who own them, may not be left alone in the rooms, except at meal times, and will not be allowed to access the "Wellness" area or the Hotel swimming pool for reasons of hygiene, safety and/or tranquillity.

A supplement of EUR 70 per day of booking and per animal will be charged to the Customer.

12. Complaints

The Customer will have a period of 8 days from the end date of their stay at the Hotel to submit, in writing to the e-mail address relationclient@passedat.fr or to the following address:

"Service Relation Client"
Hôtel Le Petit Nice Passedat
17 rue des Braves
13007 Marseille
France

any reservations, complaints or claims concerning the provision of the Services and Ancillary Services, together with all 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 their relations with the Hotel concerning such reservations, complaints or claims, the Customer undertakes to be courteous and not to abuse the Hotel's management or staff. Failing this, the Hotel reserves the right to take any appropriate measure to put an end to any harmful or reprehensible behaviour towards it or its staff.

13. Reviews and Online Comments on Third-Party Platforms

During or after their Stay at the Hotel, the Customer is entitled to publish their photographs, videos, reviews and comments on websites specialising in this type of service.

If the Hotel or members of its staff are represented, recognisable and/or named, it reserves the right to respond and/or take legal action against such publications if they contain the following elements:

any editorial content that is untruthful, falsified, illegal, misleading, slanderous, defamatory, obscene, pornographic, indecent, improper, suggestive, harassing, or that encourages the harassment of another person, threatening, disrespectful of privacy or of the right to one's public image, insulting, provocative, fraudulent or otherwise reprehensible in any way; any editorial content manifestly offensive to the Hotel and/or members of its staff, in particular content that incites racism, bigotry, hatred or physical violence of any kind; any editorial content that would constitute, encourage, promote or provide instructions for carrying out an illegal activity or a criminal offence within and to the detriment of the Hotel; any editorial content depicting to the public areas or zones of the Hotel not accessible to guests; any editorial content that generates a breach of the privacy of others among the Hotel's guests or its staff; any editorial content likely to infringe a trademark, a trade secret, a copyright or any other intellectual or property right of the Hotel; any editorial content that impersonates another Hotel guest or a member of the Hotel's management or one of its staff.

14. Right of Withdrawal

In accordance with Article L.221-28 of the French 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 15 of these GTC, the service contract is therefore concluded definitively as of the date of the Booking Confirmation, in accordance with the terms specified in Article 4 "Booking" of these GTC.

15. Modification and Cancellation of the Booking

15.1. Cancellation and Modification by the Customer

A cancellation is deemed to be a request by the Customer for the early cancellation of the stay.

A modification is deemed to be a request by the Customer for the early postponement of the stay or a change to the number of rooms.

The options for modifying or cancelling the booking 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. The Customer is informed of the applicable conditions in advance at the time of booking.

Non-flexible rate – non-cancellable, non-modifiable and non-refundable. The Customer is informed of this in advance at the time of booking. For this rate, in the event of cancellation of the Stay by the Customer, the sums collected by the Hotel upon the Booking Confirmation are not refunded, regardless of the date of cancellation.

Flexible rate – provides for a possibility of early cancellation of the Stay, specified in advance to the Customer on the Website at the time of booking. For this rate, cancellation is free of charge and gives rise to a full refund (100%) of the sums collected by the Hotel upon the Booking Confirmation, provided that the cancellation request reaches the Hotel no later than 48 hours before the scheduled arrival date. After this deadline, or in the event of a No-show by the Customer, the full amount of the booking (100%) is charged and is not subject to any refund.

In the event of a No-show by the Customer, the sums collected by the Hotel upon the Booking Confirmation are not refunded.

As a general rule, the Hotel may re-let the room(s) without delay in the following circumstances:

Cancellation by the Customer
Postponement of the booking by the Customer
No-show
Error by the Customer when making the booking (dates, number of rooms, room type).

Late arrivals or early departures may under no circumstances give rise to a refund.

The Hotel has a legal period of 14 days to make a refund to a Customer.

15.2. Cancellation or modification process for the Customer

The Customer must click on the "Modify or cancel a booking" tab located at the bottom centre of the Website page https://www.secure-hotel-booking.com/smart/Le-Petit-Nice-Passedat/2CLT/fr/

The Customer then accesses a specific interface https://www.secure-hotel-booking.com/modification/Le-Petit-Nice-Passedat/2CLT/fr on which they must enter the reference of their booking and the PIN code that appear on the Booking Confirmation e-mail sent to them by the Hotel.

15.3. Cancellation or modification by the Hotel

The Hotel draws the Customer's attention to the fact that any breach of the Hotel's House Rules may result in the cancellation without refund of the booking or the expulsion of the Customer who does not comply with conduct in accordance with the provisions on noise, safety, hygiene and, generally, the principles of good morals and public order.

In the event of unavailability of the Hotel outside a case of force majeure (e.g. power cut, flooding, closure imposed by law, COVID-19 epidemic, etc.), the Hotel undertakes to inform the Customer as soon as possible and:

to offer them another 5-star hotel establishment nearby able to accommodate them on the dates initially planned. Subject to the Customer's prior agreement, in the event of a price difference, they will be offered the most advantageous rate for them;

or, failing being able to offer them such an accommodation solution, to refund them the amount of the deposit paid by the Customer at the time of booking, together with compensation of an amount specified in the table below and not exceeding 70% of the amount of the deposit. The Hotel's liability cannot be engaged by the Customer in this respect.

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. House Rules

The Hotel draws the Customer's attention to the fact that, from their arrival at the Hotel, they are subject to the provisions of the Hotel's House Rules, a copy of which was provided to them prior to their booking and sent in the Booking Confirmation.

17. Privacy Policy on the Processing of the Customer's 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.

This personal data and the terms and conditions of processing are detailed in the Privacy Policy submitted for reading and acceptance to the Customer at the time of booking, sent in <.pdf> format in the Booking Confirmation e-mail and available at any time on the Hotel's Website.

The Customer is informed that they have a permanent right of objection, access and rectification to all of their 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 and non-figurative trademarks and, more generally, all other trademarks, illustrations, images and/or logos appearing on the Website, derivative products or their packaging, whether registered or not (the "Trademarks"), are and remain the exclusive property of the Hotel or are licensed to the Hotel.

The Website and all graphic, textual, visual and photographic elements appearing therein, namely in particular all illustrations, figurative and non-figurative trademarks, logos, images, drawings, photographs, typefaces, texts, sets, presentation modes, graphics or any other element of the Website (hereinafter the "Content"), are and remain the exclusive property of the Hotel or are licensed to the Hotel and are protected in particular by intellectual property rights.

The Trademarks, the Website and/or its Content may under no circumstances be modified, reproduced, represented, distributed, displayed, marketed or incorporated into a derivative work or otherwise, in whole or in part, on any medium whatsoever. Generally, the Trademarks, the Website and its Content may only be used in the context of browsing the Website and, where applicable, to make a booking 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 GTC, is strictly prohibited. Any total or partial reproduction of the Website is likely to constitute an infringement sanctioned by Articles L.355-2 et seq. of the Intellectual Property Code.

19. Force Majeure and Relocation

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 (an unforeseeable, irresistible and exceptional event) making it impossible to make the booked room(s) available to the Customer, the Hotel reserves the right to accommodate the Customer in a hotel of equivalent category, for services of the same nature and subject to the Customer's prior agreement.

20. Insurance

The Hotel has taken out a Public Liability contract with the company "Compagnie Groupama Val-de-Loire". The Customer is advised to be personally insured for civil liability. In the event of loss or theft of personal belongings not entrusted to the Hotel, the Hotel's liability cannot be engaged beyond the legal provisions. The Customer will be solely and directly responsible for any damage caused by them within the Hotel to any third party. In this respect in particular, they will be responsible for arranging, at their own expense, any restoration of the premises, spaces, equipment and objects covered by these GTC.

21. Liability

21.1 Liability and commitments of the Customer

The Customer is solely responsible for the choice of their Services on the Website and for their suitability to their needs, such that the Hotel's liability cannot be sought in this respect.

The Customer is also solely responsible for the information and data provided at the time of booking on the Website.

The Customer is also solely responsible for the use of their e-mail address and bank card details on their own behalf or on behalf of third parties, including minors, unless they can demonstrate fraudulent use not resulting from a fault or negligence on their part. If this is the case, the Customer then undertakes to promptly notify the Hotel of any misappropriation or fraudulent use of their e-mail or bank card.

21.2 Liability and commitments of the Hotel

The Hotel undertakes, within the framework of an obligation of means (best-efforts obligation), to provide access to the Hotel and to the Services and Ancillary Services offered in compliance with these GTC and the House Rules, to act with courtesy, professionalism and diligence, and to do everything possible, within a reasonable limit, to remedy any malfunction brought to its attention by the Customer.

The Hotel's liability cannot be engaged by the Customer for any inconvenience or damage related to the use of the Internet network, in particular:

the poor transmission and/or reception of any data and/or information on the Internet network, the failure of any receiving equipment or communication lines, any malfunction of the Internet network during the booking.

22. Hardship (Unforeseeability)

In the event of an unforeseeable change of circumstances at the time of the online booking of the Services and Ancillary Services rendering performance excessively onerous for the Hotel or the Customer ("the Parties") who had not agreed to assume the risk thereof, the Parties agree to renegotiate the terms of their agreement. Failing this, they will have the option 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 call upon the judge to adapt the Contract.

23. Application of the GTC

These GTC, the Booking Confirmation, the Privacy Policy and the House Rules constitute the entirety of the obligations of the Hotel and the Customer. No condition communicated by the Customer may be incorporated into them.

In the event of a contradiction between the GTC and the Booking Confirmation or the Privacy Policy or the House Rules, the GTC that were sent to the Customer in the Confirmation of their booking will be the only ones applicable for the Services and Ancillary Services concerned.

Any clause of these GTC that is declared null or unlawful by a competent judge will be deprived of effect, but its nullity will not affect the other stipulations, nor affect the validity of the GTC as a whole.

The Hotel invites the Customer to read the GTC carefully before each booking and/or purchase, as they may have been amended. The GTC may be amended and/or supplemented at any time by the Hotel. In this case, the new version of the GTC will be posted online on the Site in a legible and accessible format to allow the Customer to access them and easily read them. The GTC thus amended/supplemented will take effect from the time they are posted online on the Website and will apply only to purchases and/or bookings made after they are posted online; purchases and/or bookings prior to said posting being governed by the previous version of the GTC.

The Customer may keep these GTC on a durable medium by printing them. In the event of a booking and/or purchase made on the Website, the GTC and the Specific Booking Conditions, as well as the Privacy Policy and the House Rules, will be attached to the Booking Confirmation e-mail sent to the Customer, allowing the Customer to download and/or print them.

24. Evidence Agreement

In any event and in particular in the event of a dispute, the Hotel may validly provide proof of the Customer's actions, validations and instructions, in particular the entry of the required bank details, the computerised records kept in the Hotel's computer systems, as well as the content of the Customers' messages and operations, using connection logs, which the Customer acknowledges.

25. Applicable Law & Language

These GTC and the operations arising from them are governed by and subject to French law.

These GTC are drafted 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, performance, termination and application of these GTC that could not be resolved amicably between the Hotel and the Customer will be submitted to the Judicial Court of Marseille, and this even in the event of summary proceedings, third-party proceedings or multiple defendants. By way of exception to the foregoing, it is specified that if the Customer is domiciled in France, they may nevertheless choose to bring any dispute before the competent court of their place of residence at the time of the Booking Confirmation, or of the occurrence of the harmful event, in accordance with Article R.631-3 of the Consumer Code.

The Customer is informed that they may in any event have free recourse to a consumer mediator with a view to the amicable resolution of a dispute 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: Referral form for the Tourism and Travel Mediator.

HOUSE RULES OF THE HOTEL LE PETIT NICE PASSEDAT

These house rules are displayed at the reception of the "Le Petit Nice Passedat" hotel (hereinafter "the Hotel") and can be consulted, free of charge and at any time, on the hotel's website at the following URL: passedat.fr, as well as prior to the online confirmation of the customer's booking.

The customer thus accepts and undertakes to comply with these rules, the provisions of which apply both to themselves and to any occupant acting on their behalf. In the event of a breach of these rules by the customer (or their companions), the Hotel reserves the right to claim damages for the harm suffered, whether material (damage to rooms and/or interior and exterior common areas of the Hotel, complaints and claims from other customers) or reputational, online and offline (damage to the prestige image).

Article 1: Conditions of Reception of the Customer

Any booking at the Hotel is personal 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 who has booked a stay must present at reception their valid proof of identity and that of their companions (passport or national identity card). Failing this, the hotelier may refuse to rent them a room and/or cancel the booking made.

The Hotel reserves the right to cancel the booking made or not to receive or serve customers who are:

minors, unaccompanied by a legal representative; in a state of intoxication and/or whose attire is indecent and/or scruffy; behaving contrary to good morals and public order; behaving disrespectfully, violently and/or aggressively towards the Hotel's staff.

Article 2: Occupancy of the Rooms – Arrival / Departure

Rooms are rented for the number of people indicated at the time of booking according to the following categories:

Executive Sea View Room: 1 to 2 people maximum (adapted for persons with disabilities);
Executive Terrace Room: 1 to 2 people maximum;
Romantic Junior Suite: 1 to 2 people maximum;
Garden Junior Suite: 1 to 3 people maximum (two adults maximum and one child under 12);
Suite: 1 to 4 people maximum (two adults maximum and two children under 12).

To ensure the Hotel's safety rules (in particular those relating to fire risk), the customer must therefore not:

rent a room for a number of people greater than that provided for each room type; bring into the Hotel, in particular through concealed access points (garage access, staff access, emergency doors, etc.) and into their room, one or more third parties unknown to the Hotel, unless prior authorisation is given by the latter.

Upon arrival, the customer: may not require to occupy the room before 4 p.m., unless prior written agreement is given by the Hotel; receives the keys and access badges to the room(s) and to the Hotel that are personally assigned to them.

Upon departure, the customer: must take care not to forget their belongings and personal effects in the room; must not take away any object (of any kind) belonging to the Hotel, unless they notify the Hotel beforehand or return it if they notice a mistake, under penalty of having to pay its price; must ensure that the room door is properly closed after leaving it; must return their room key and access badge to the Hotel reception, under penalty of having the sum of EUR 200 deducted from the security deposit.

Before the return of the room key and access badge to the Hotel reception, the Hotel staff will check whether the rented room is left in a suitable condition. If this is not the case, the Hotel will require a cleaning fee of EUR 100.

The Hotel staff will simultaneously check whether the bedding and mattress base have not been damaged. If this is the case, the Hotel will require reimbursement of the damage with a minimum fixed fee of EUR 1,500 for restoration and for the inability to re-let the rooms concerned.

Article 3: Luggage Storage and Personal Belongings

Upon arrival and before departure, the customer may entrust their luggage to the Hotel reception.

Any luggage left in a room without renewal of the rental after noon will be removed from the room and placed in luggage storage. It may be collected by its owner at the Hotel reception.

Luggage located in the common areas of the Hotel is under the sole responsibility of its owner.

A safe is made available to the customer in each room. The customer is advised to place their personal valuables in it.

The Hotel accepts no responsibility for the loss, theft or damage of personal belongings and luggage that have not been entrusted directly to reception.

Article 4: Keys & Access Badges

During their stay, the customer must:

take care to use their key to ensure that their room door is properly closed before leaving it or going to bed; refrain from entrusting their keys and 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. An identity check will automatically be requested in the event of renewal of keys and/or access badges.

Article 5: Children

Children are under the sole responsibility of their parents. It is forbidden to leave them unsupervised in the rooms. Generally, the customer must pay for all material damage, whether intentional or unintentional, caused directly to the Hotel by children during their stay.

Article 6: Letters and Parcels

The Hotel staff are under no circumstances responsible for letters and parcels sent to customers staying at the Hotel. The customer must ensure that they collect them directly, where applicable.

Article 7: Nuisances During the Stay at the Hotel

Decent behaviour, marked by restraint and discretion, is required within the Hotel in order to respect the serenity of the premises and of the customers.

Out of respect for the peace, rest and sleep of other customers, each customer and/or their companions must take care not to slam doors or make noise, particularly between 10 p.m. and 8 a.m.

Generally, it is strictly forbidden:

to behave in a way that may cause any type of harm to the Hotel's customers, the Hotel's staff and/or the Hotel's reputation; to bring into the rooms and into all the common areas of the Hotel any illicit and/or dangerous objects or substances, any type of object or toy resembling a firearm, or any type of object or toy that may disturb the tranquillity of other customers (e.g. loudhailers, horns, portable amplifiers, musical instruments, etc.); to run, ride (skates, scooters, etc.) or shout in the Hotel, day or night; [to exceed] 25 decibels at night (between 7 p.m. and 8 a.m.) and 30 decibels during the day; to hang laundry from the Hotel windows; to throw any object or waste from the Hotel windows.

The Hotel may, if it deems it appropriate, remove any alcoholic beverage from the room minibar and/or stop serving alcohol to a customer, in particular in the event of proven intoxication or advanced drunkenness of the customer in the Hotel's public spaces or in the event of nuisances.

A hotel room is a place of rest; all trade is strictly forbidden there, by its occupant or their companions.

Sexual relations are strictly forbidden in the common areas and the Wellness area of the Hotel. In the event of a breach of this regulation, the Hotel reserves the right to charge customers for any excess and possible damage to the rooms and/or common areas (interior and exterior) of the Hotel.

Article 8: Safety

8.1 Tobacco and electronic cigarettes

For safety reasons and out of respect for everyone, it is strictly and formally forbidden to smoke tobacco in the rooms and common areas of the Hotel. In accordance with Decree No. 2006-1386 of 15 November 2006 setting the conditions for the application of the ban on smoking in places assigned to collective use, smoking tobacco in the Hotel exposes the customer to a fine provided for third-class offences (EUR 450 fine) or to legal proceedings. The Hotel reserves the right to call in the police in the event of non-compliance with any prohibition.

Vaping electronic cigarettes is prohibited in the interior common areas, subject to authorisation from the Hotel.

8.2 Fire alarm

Any inadvertent triggering of the fire alarm due to non-compliance with this provision will be charged at EUR 150 for the costs of restoring the fire safety system to service.

8.3 Food and laundry

In the rooms, for safety reasons, it is forbidden:

to store food for cooking, or to use gas or electrical appliances intended to cook or reheat food or drinks (e.g. camping stoves, hotplates, etc.); to take meals or to BRING drinks or food not provided by the Hotel (except still or sparkling water); to do laundry.

The equipment made available to the customer in the room must be used in accordance with its intended purpose.

Customers who do not comply with these conditions will be charged EUR 75 per breach.

8.4 Video surveillance

For safety reasons, the common areas of the Hotel are monitored by a recording video surveillance system.

Only the cases provided for by law authorise the release of the images.

Article 9: Defrauding an Innkeeper

Defrauding an innkeeper is the act, by a person who knows they are absolutely unable to pay or who is determined not to pay, of: ordering and being served drinks or food in a hotel-restaurant, and/or having one or more rooms allocated to them and effectively occupying them in a hotel establishment, where the occupancy has not exceeded ten days.

Defrauding an innkeeper is punishable by 6 months' imprisonment and a fine of EUR 75,000 (Article 313-5 of the Penal Code), in addition to the payment of damages claimed by the hotelier.

The Hotel will report any act of defrauding of which it may be a victim.

Article 10: Parking

The Hotel has a private outdoor car park that is offered to customers. For safety reasons, this car park is monitored by a video surveillance system. Persons with reduced mobility have priority for the use of this car park. The Hotel accepts no responsibility for the theft or damage of a customer's vehicle parked within the car park if caused by the customer's carelessness or negligence. Apart from any carelessness or negligence of the customer, compensation for the theft or damage of the customer's vehicle parked within the car park will be capped at 100 times the price of the rental per day.

Article 11: Wi-Fi 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 free of charge to the Internet network within the common areas and/or the rooms.

The customer undertakes to ensure that the IT resources made available to them are in no way used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright, or by a related right such as texts, photographic images, audiovisual musical works, software and video games, without the authorisation of the rights holders provided for in Books I and II of the Intellectual Property Code where such authorisation is required.

The customer is required to comply with the Hotel's security policy, including the rules for using the security measures implemented in order to prevent the illicit use of IT resources, and to refrain from any act undermining the effectiveness of these measures.

The customer will, at their own expense, indemnify the Hotel against any action and/or claim from a third party invoking the infringement of an intellectual property right, and will bear all associated costs and damages.

In any event, the Hotel's liability cannot be engaged by the customer if malfunctions of the Wi-Fi services within the common areas or the rooms are caused by a case of Force Majeure or by unexpected interventions by the Internet service provider on the Internet network.

The use of Wi-Fi is free of charge for customers.

Article 12: Swimming Pool

The swimming pool is open every day from 8 a.m. to 8 p.m. and is only accessible to Hotel customers.

For safety reasons, the swimming pool is enclosed but is not supervised by a lifeguard or a Hotel employee. Children under 15 may therefore only use it under the supervision of their parents.

Customers undertake to adopt responsible behaviour in and around the swimming pool (no excessive alcohol consumption at the poolside, exposure during hours of intense heat, supervision of children, etc.).

For hygiene reasons, it is subject to regular monitoring and cleaning, in accordance with the regulations. Wearing a swimsuit is mandatory.

The Hotel accepts no responsibility for damage suffered by the customer through their own actions 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 customers subject to prior booking at reception.

For safety reasons:

the use of the hammam and the Japanese bath is strongly discouraged for customers who suffer from respiratory, circulatory, cardiac or allergic problems, or asthma; children under 15 may not access this area.

For hygiene reasons, it is subject to regular monitoring and cleaning, in accordance with the regulations.

Article 14: Animals

We are pleased to welcome dogs up to 7 kg, provided that they are kept on a leash in all the common areas of the establishment.

A supplement of EUR 70 per day and per animal will be charged.

Only guide dogs for the blind or assistance dogs are accepted free of charge.

It is forbidden to leave one's animal unsupervised, whether in the common areas or in the room.

Article 15: Sanctions

Any behaviour contrary to the principles of safety and/or hygiene, to good morals and/or public order may lead the Hotel to immediately expel the customer and all persons sharing their stay, without their being able to claim a refund of all or part of their stay. It may also refuse them any future booking in all its establishments belonging to the same company.

Article R212-1 of the Consumer Code prohibits clauses that do not appear in the written document that the customer accepts, or that are set out in another document to which express reference is not made at the time of conclusion of the contract and of which the customer was not aware before its conclusion.

Article L311-10 of the Tourism Code and Articles 1952 to 1954 of the Civil Code, as well as the settled 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. However, the customer's liability may nevertheless be engaged if a fault of the customer is demonstrated: door left improperly closed or valuables deliberately not placed in the safe.