General Terms and Conditions of Sale of Hôtel André Latin

Preamble

These General Terms and Conditions of Sale (the "GTC") apply to any reservation and/or purchase made by a Client (as defined below) on the website accessible at the address: https://www.hotelandrelatin.fr/ (the "Site").

The Site is published by Hôtel André Latin (the "Hotel").

The Client may make a reservation with Hôtel André Latin:

A société par actions simplifiée (simplified joint-stock company) registered with the Paris Trade and Companies Register under number 351 909 288 00018, whose registered office is located at 50-52 rue Gay Lussac, 75005 PARIS, FRANCE.

This being stated, the following has been agreed:

Article 1. DEFINITIONS

The terms used in the body of the GTC, including its preamble, and beginning with a capital letter, whether used in the singular or plural, shall have the meaning given to them below.

Client: means the adult natural person, having full legal capacity allowing them to be bound by the GTC, and acting for their own needs, excluding any activity of intermediation, resale, distribution, or similar, of all or part of the Services.

Contract: means the GTC as well as the Specific Conditions of the Reserved Rate or the Cancellation Policy, as the case may be, as summarized in the Confirmation Email.

Privacy Policy: means the personal data protection policy.

Specific Conditions of the Reserved Rate: means the specific conditions for reservation, cancellation, no-show, minimum number of people, and guarantee for each Hotel Service, which vary in particular according to the periods of the season and the Hotel, which are available on the Site during the reservation and are summarized in the Confirmation Email.

Confirmation Email: means the confirmation email sent by the Hotel to the Client at the email address provided by the Client during the reservation and/or purchase, containing a summary of the Contract and specifying in particular the reservation conditions (Reserved Services, Specific Conditions of the Reserved Rate, price and any taxes, price of Accessory Services, check-in/check-out times, rules applicable to the stay at the Hotel, reservation dates, guarantee) and/or the details of the order placed.

Cancellation Policy: means the specific conditions applicable to the modification and/or cancellation of a Service.

Services: mean the Hotel Services, Catering Services, and other Accessory Services offered to Clients by the Hotel on the Site.

Accessory Services: mean the additional products and/or services offered to the Client during the reservation of a Hotel Service (such as, for example, a bottle of champagne, a bouquet of flowers, etc.).

Hotel Service: means the accommodation service within the Hotel, for the duration and dates selected by the Client and under the conditions provided herein and/or on the Site.

Tourist Tax ($Taxe\ de\ séjour$): means the communal tax imposed by the city and to be paid additionally by the Client during their stay. The tourist tax is due per adult person (18 years and over) and per night.

Article 2. PURPOSE

The Contract governs the contractual relationship between the Client and the Hotel with which the Client makes a reservation and/or purchase. The GTC are made available to the Client on the Site where they can be consulted directly at any time. The Client has the option to save and print the GTC using the standard functions of their browser and/or computer.

The GTC shall prevail over any other document regarding their purpose, except for the Specific Conditions of the Reserved Rate or the Cancellation Policy, which shall prevail over the GTC in case of conflict.

The Contract expresses the entirety of the parties' obligations. No general or specific condition communicated by the Client may be integrated into or added to the Contract.

Article 3. DESCRIPTION OF SERVICES

The Site allows the Client to reserve one or more Service(s) at the Hotel. The essential characteristics of the Services are described on the Site.

The photographs presented on the Site are for information purposes only. Even though all best efforts are made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Hotel and/or Services presented give as accurate an overview as possible of the services offered, variations may occur, particularly due to changes in furniture or possible renovations. In case of doubt, or to obtain additional information on the Services, the Hotel can be contacted by email or by phone via the "Contact" tab of the Site.

In any event, the Company and/or the Hotel shall not be held responsible for non-substantial errors that may occur in this regard.

The Site also mentions the following information:

the essential characteristics of the Services offered;
the Accessory Services offered, if applicable;
the prices;
the payment terms;
the GTC, as well as the Specific Conditions of the Reserved Rate and/or the Cancellation Policies, if applicable.

Article 4. RESERVATION

4.1 Reservation Process

4.1.1 General Provisions

Any reservation and/or purchase implies the consultation and full and unreserved acceptance of the GTC.

In the case of online reservation and/or purchase on the Site, the Client accepts the GTC, the Specific Conditions of the Reserved Rate, or the Cancellation Policy, as the case may be, accessible via a hypertext link, by checking the corresponding boxes. Without this acceptance, the continuation of the reservation process is technically impossible.

The Client acknowledges having taken note of the nature, destination, and reservation procedures of the Services and having requested and obtained the necessary and/or additional information to make their reservation and/or purchase with full knowledge of the facts. Additional checks can be made directly with the Hotel if necessary, via the "Contact" tab available on the Site.

It is recalled for all useful purposes that the Client is solely responsible for their choice of Services and their suitability for their needs, such that the liability of the Hotel or the Company cannot be sought in this regard.

It is expressly agreed between the Parties that any reservation of a Service is nominative and cannot under any circumstances be transferred in whole or in part, to a third party, whether free of charge or for consideration.

4.1.2 Hotel Service Reservation Process

The reservation of a Hotel Service proceeds as follows:

the Client selects their arrival date and departure date from the Hotel as well as the number of people concerned by the reservation;
the Client clicks on "Search";
the Client can access the Specific Conditions of the Reserved Rate specific to each room and each rate by clicking on the title of each rate offer;
the Client must then select the type of room they wish to reserve and click on the "Reserve" box corresponding to the room and the rate they wish to reserve;
if applicable, Accessory Services are offered to the Client as well as the possibility of adding extra rooms, which the Client can select to add to their reservation;
the Client clicks on "Continue to Reserve" and then accesses the summary of their order, which they can modify if necessary;
the Client must then enter the following information:
- personal information: title, first name, last name, email address (and, if applicable, the title, last name, and first name of the additional client(s)), address, landline/mobile phone, company name;
- additional information: specific requests if applicable.
- arrival and departure times allowing, if the Client wishes, the Hotel to arrange transport for the Client to and from the airport for an extra fee via a prior reservation;
- bank details: card type, cardholder name, card number, expiration date, cryptogram.
The Client is then invited to accept the GTC (available by clicking on the hypertext link) and the Specific Conditions of the Reserved Rate, in order to be able to click on "Confirm the reservation."

4.2 Reservation and/or Purchase Confirmation

Once the Client has made a reservation for a Service under the conditions of Article 4.1, the Client receives a Confirmation Email at the email address they provided.

In the case of a Service reservation, the reservation will only be considered definitively made after payment of the reservation by the Client under the conditions provided for in Article 6 of the GTC, except in the case of reservation guarantee as provided for in Article 6.2.1.(i): in the latter case, the reservation is considered definitively made upon the Client's receipt of the Confirmation Email.

4.3 Imprint / Guarantee

The Hotel will request an imprint of the Client's credit card upon arrival (check-in) as a guarantee for the total amount of Services consumed during the stay and/or to cover any damage caused by the Client. Furthermore, a pre-authorization for withdrawal will then be carried out on the credit card.

4.4 Right of Withdrawal

Absence of right of withdrawal for the Services. It is recalled that, in accordance with Article L. 221-28 12° of the Consumer Code, the Client does not have a right of withdrawal provided for in Article L. 221-18 of the Consumer Code for the Services, the subject of these presents.

4.5 Cancellation or Modification by the Client

Reserved Services are exclusively subject to the cancellation and/or modification conditions provided in the Specific Conditions of the Reserved Rate for Hotel Services and in the Cancellation Policy for Treatment Services and Catering Services, and are summarized in the Confirmation Email. The Client is advised to take out travel insurance that meets their needs.

Depending on the Specific Conditions of the Reserved Rate or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, where applicable, all or part of the price of the reserved Services, which will be deducted from any prepaid amounts or from the amount held as a guarantee (if the reservation was not prepaid) and which, for the remainder, will be invoiced to the Client. The Hotel also reserves the possibility of putting the Service concerned back on sale.

4.6 Hotel Service: Interruption of Stay

In any event, in case of interruption of the stay by the Client for any reason whatsoever, including in case of behavior contrary to the rules of good conduct mentioned in Article 5.5, the Client will be required to pay the Hotel the full price set out in the Confirmation Email, and no refund of any nature whatsoever shall be granted to them for this reason.

In case of prepayment, the said amount will be retained from the prepaid amounts. In the event that the reservation was not prepaid, the Hotel will deduct the amount due from the sums held as a guarantee.

4.7 No-show

Depending on the Specific Conditions of the Reserved Rate or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, where applicable, all or part of the price of the reserved Services, which will be deducted from any prepaid amounts or from the amount held as a guarantee (if the reservation was not prepaid). The Hotel also reserves the possibility of putting the Service concerned back on sale.

4.8 Reservation Irregularity

Any reservation or payment that is irregular, ineffective, incomplete, or fraudulent for a reason attributable to the Client will result in the cancellation of the reservation, without prejudice to any civil or criminal action against the latter.

Depending on the Specific Conditions of the Reserved Rate or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, where applicable, all or part of the price of the reserved Services, which will be deducted from any prepaid amounts or from the amount held as a guarantee (if the reservation was not prepaid). The Hotel also reserves the possibility of putting the Service concerned back on sale.

4.9 Complaint – Information

Complaints relating to a purchase and/or the non-performance or poor performance of the Services must, to facilitate their processing, be brought to the attention of the Hotel in writing to the contact details indicated in the "Contact" tab of the Site.

Article 5. STAY AT THE HOTEL

5.1 Registration Card

In application of Article R.611-42 of the Code on the Entry and Stay of Foreigners and the Right of Asylum, the Client authorizes the Hotel to pre-fill the individual police form called "registration cards" with the information obtained during the reservation. The Client will check the accuracy of the pre-filled information and sign the said form upon arrival.

5.2 Animals

At the discretion of each Hotel, dogs are welcome under certain conditions.

In any event and unless otherwise stipulated, dogs must be kept on a leash in the common areas of the Hotel.

It is also forbidden to leave dogs alone in the room or unsupervised when their owner is outside the Hotel. It is also necessary to ensure that they do not damage the room or its furniture, and respect the calm of the establishment in all circumstances.

5.3 Children

Children must be supervised by their parents or a responsible adult. The Client also undertakes to ensure that children under their responsibility respect the calm of the establishment in all circumstances.

5.4 Wi-Fi and Network Access

The use of Wi-Fi is free for Clients.

Illegal downloading is strictly forbidden and is the responsibility of the Client. The Client is required to comply with the Hotel's security policy, including the rules for using the security measures implemented to prevent the unlawful use of computer resources, and to refrain from any act detrimental to the effectiveness of these means.

The Client undertakes that the computer resources made available to them by the Hotel are not in any way used for the purposes of reproduction, representation, making available, or public communication of works or any objects protected by an intellectual property right or a neighboring right without the prior authorization of the rights holders for any content protected under the provisions of the Intellectual Property Code. The Client will indemnify the Hotel, at their expense, against any action and/or claim emanating from a third party invoking the violation of an intellectual property right, and will bear all associated costs and damages.

In this respect, the Service Provider will specifically compensate for all prejudices, damages, or costs (including reasonable attorney's fees and disbursements) incurred by the Hotel in connection with such an action, as well as all sums paid under transactional settlements and/or damages that the Hotel may be ordered to pay.

5.5 Security

Surveillance measures are put in place by the Hotel. Video surveillance of the reception and common areas of the Hotel is implemented to ensure the safety of property and people. Safes are available to Clients in the rooms.

However, Clients are advised to exercise caution, particularly regarding items of high value. It is recalled in this regard that safes are available in the Hotel rooms. Clients are particularly advised not to leave any valuables exposed (especially in rooms and common areas).

5.6 Damage and Loss

During the stay, the Client is responsible for the room made available to them as well as its furniture.

In general, the Client assumes responsibility for the consequences resulting from their negligence, fault, errors, and, more generally, all direct and indirect, material or immaterial damages, caused to third parties or to the Hotel and whose occurrence is related to the Services.

In case of damage or deterioration not declared before the Client's departure (check-out), the Hotel reserves the right to withdraw the sum necessary for the repair work as well as any ancillary costs related to the immobilization of the room during this period.

Article 6. FINANCIAL CONDITIONS

6.1 Price of Hotel Services and Accessory Services

For Hotel Services, the price related to the reservation is understood per room, for the number of person(s), the dates, and the Hotel Services and, if applicable, the Accessory Services selected by the Client.

The price of the Services is indicated on the Site in the currency chosen by the Client, which may be different from the Hotel's currency. Any conversion fees applied by the Client's bank shall be borne by the Client.

The price of the Services is inclusive of all taxes, with the exception, however, of any taxes appearing in the Specific Conditions of the Reserved Rate and recalled in the Confirmation Email (in particular the tourist tax (or equivalent), service charges, etc.), which must be paid directly to the Hotel on site.

The price of the Services includes only the services strictly mentioned in the Confirmation Email. Additional services to the Services, likely to be provided by the Hotel during the Client's stay, will be added to the price mentioned in the Confirmation Email.

The Hotel pays the utmost attention to the accuracy of the prices of the Services presented on its Site.

However, in case of a manifest price error, the Hotel reserves the right not to provide the Services whose price is manifestly erroneous. In this case, the Hotel will inform the Client and, depending on the case, send them a new Confirmation Email if the Client wishes to maintain their reservation at the actually applicable price or will cancel the Services concerned and proceed to reimburse the price potentially prepaid by the Client.

The Hotel may modify the prices indicated on the Site, at any time and without notice. However, the modified prices will only apply to reservations made after the entry into force of the new prices.

6.2 Payment Conditions

6.2.1 Payment for Hotel Services, Accessory Services

Payment for reservations is made by bank card or bank transfer only.

When reserving on the Site, according to the conditions communicated to them on the Site, in the Specific Conditions of the Reserved Rate, the Client provides their bank details to (i) guarantee their reservation of the Services, or (ii) prepay the Services before their stay. These payment conditions are recalled in the Confirmation Email.

(i) Reservation Guarantee for Services

If the Specific Conditions of the Reserved Rate so provide, the Client does not proceed to pay for the Services when reserving on the Site, but provides their bank details as a guarantee only. In this case, the Client's bank card is not debited when reserving on the Site and the Client proceeds to pay for their reservation once on-site directly to the Hotel. In case of Client non-presentation ("no-show"), the Hotel will be entitled to charge cancellation fees and, where applicable, all or part of the price of the reserved Services, which will be deducted from the amount held as a guarantee, under the conditions provided for in Article 4.7 hereof.

(ii) Prepayment of Services

According to the Specific Conditions of the Reserved Rate, payment is made:

Either in full when reserving on the Site. This prepayment will then be qualified as a deposit (acompte).
Or in part when reserving on the Site. This prepayment will be qualified as earnest money (arrhes). The Client will be invited to pay the balance of their reservation before the cancellation deadline indicated in the Specific Conditions of the Reserved Rate and recalled in the Confirmation Email. For the payment of the reservation balance, payments can be made by bank card, via the secure link provided by the Hotel to the email address indicated by the Client, or by transfer and in Euros only. The Hotel cannot be held responsible for any additional fees requested by banking institutions in this respect. In case of payment by transfer, the Client must ensure that their name and stay dates are specified on the transfer order and send the Hotel a copy of the payment confirmation issued by the Client's bank. The Hotel reserves the right to cancel the reservation without notice if the required earnest money amounts and/or the payment of the reservation balance are not paid within the deadlines provided.

In the event that, whatever the cause (opposition, refusal of the issuing center, etc.), the debit of the sums due by the Client proves impossible, the reservation would be immediately canceled. The Client will be informed by email at the address provided by the Client when reserving on the Site. It is the Client's responsibility to save and print their payment certificate if they wish to keep their bank details relating to their transaction.

Article 7. PERSONAL DATA

Within the framework of the performance of the Services or the processing of an order, the Hotel is led to process personal data of Clients and users of the Site, under the conditions provided for in the Privacy Policy.

Article 8. INTELLECTUAL PROPERTY

The Hotel's trademark is and remains the exclusive property of the Hotel or is licensed to the Hotel.

The Site and all graphic, textual, visual, and photographic elements appearing therein, namely in particular all illustrations, figurative or non-figurative trademarks, logotypes, images, drawings, photographs, characters, texts, decorations, presentation methods, graphics, or any other element of the Site (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 right¹s.

The Trademark, the Site, and/or its Content may not under any circumstances be modified, reproduced, represented, distributed, displayed, marketed, integrated into a derivative or other work, in whole or in part, and on any medium whatsoever. In general, the Trademarks, the Site, and its Content can only be used in the context of browsing the Site and, where applicable, to make a reservation or place an order.

The use of all or part of the Trademarks, the Site, 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.

Article 9. FORCE MAJEURE

The Parties agree to apply Article 1218 of the Civil Code and the case law of the French courts.

It is specified, for all useful purposes, that events of personal convenience are not considered force majeure events.

Article 10. EVOLUTION / MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

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

The Client can save these GTC on a durable medium by printing them. In case of reservation and/or purchase made on the Site, the GTC, the Specific Conditions of the Reserved Rate or the Cancellation Policy, as the case may be, as well as the Privacy Policy will be attached to the Confirmation Email sent to the Client, allowing the Client to download and/or print them.

Article 11. AGREEMENT ON EVIDENCE

In any event, and particularly in case of dispute, the Hotel may validly administer proof of the Client's actions, validations, and instructions, and in particular the entry of the required bank details, the computerized registers kept in the Hotel's computer systems, as well as the content of the Clients' messages and operations, using connection logs, which the Client acknowledges.

Article 12. GENERAL PROVISIONS

In the event that one of the stipulations of the Contract is declared null, inapplicable, or unenforceable by any competent jurisdiction, the other provisions will remain valid, applicable, and enforceable unless otherwise stipulated by the said jurisdiction. The fact that one of the parties does not invoke a right or a breach by the other party shall not constitute, for the future, a waiver of the right or breach in question. Any waiver shall only be enforceable if it has been expressed in writing by the party from which it emanates to the other party.

The headings of the clauses are for indicative value only; in case of contradiction between these headings and their content, the content shall prevail.

The fact that the Hotel does not avail itself at a given moment of any of the provisions of the Contract cannot be interpreted as a waiver of the right to avail itself of them later.

For convenience, an English translation of the GTC has been prepared. However, in case of dispute, only the French text shall be authoritative.

Article 13. APPLICABLE LAW – DISPUTE

13.1

The Contract is subject to French law, without prejudice to any mandatory protective provisions possibly applicable in the country of residence of consumers.

It is recalled that an amicable settlement of the dispute is to be favored.

In case of dispute relating to the Contract or the Services, the Client undertakes to contact the Hotel's Customer Service first, whose contact details are below:

Hôtel André Latin

50-52 rue Gay Lussac

75005 Paris

Telephone: +33 1 43 54 76 60

Email: hotel@hotelandrelatin.com

After having contacted the Hotel's Customer Service to attempt to resolve the dispute amicably, and in the absence of a negative response or no response within a period of sixty (60) days from the referral, the Client may refer the matter to the Tourism and Travel Mediator (Médiateur du Tourisme et du Voyage), whose contact details are below:

Referral by post: MTV – MEDIATION TOURISME VOYAGE, Service dépôt des saisines, CS 30958, 75383 PARIS CEDEX 08

Referral by internet: Demande saisine – MTV -

Hôtel André Latin is a member of the Tourism and Travel Mediation as a member of the professional union "UMIH" duly referenced on the site https://www.mtv.travel/ under the "adhérents" tab.

The Client remains free to use mediation or not.

In case of recourse to mediation by the Hotel, the Client is also free to accept or refuse recourse to mediation.

Once the mediator's decision is rendered, each party is free to accept or reject the solution proposed by the mediator.

It is also recalled that, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Client has access to the online dispute resolution (ODR) platform at the following address: ec.europa.eu/consumers/odr

13.2

All difficulties relating to the interpretation, execution, and expiration of the Contract, the general terms and conditions of sale, or the services will be submitted, in the absence of an amicable agreement under the conditions above, to the exclusive jurisdiction of the competent Courts of Paris, even in the event of summary proceedings, third-party proceedings, or multiple defendants. By exception to the foregoing, it is specified that the consumer-client may choose to bring any dispute either before one of the territorially competent jurisdictions under the Code of Civil Procedure, or the jurisdiction of the place where they resided at the time of the conclusion of the contract, or the occurrence of the harmful event, in ²accordance with Article R. 631-3 of the Consumer Code.