General Terms and Conditions of Sale

PREAMBLE 

These General Terms and Conditions (the “Terms”) set out the terms and conditions under which Hôtel Dame des Arts allows its clients (the “Client(s)”) to benefit from the full range of services, in particular reservation services, available: 

  • on the damedesarts.com website, operated by the company identified in the legal notices published on the website (the “Website”); 

  • by telephone, through the Hotel's reservations department, whose contact details are shown on the Website; 

  • on site, at the reception desk of Hôtel Dame des Arts; 

  • through agencies and partners selected by Hôtel Dame des Arts. 

ARTICLE 1: GENERAL PROVISIONS 

The Client is invited to read these Terms carefully; prior acceptance of these Terms is mandatory to book any service offered on the Website. Clients are advised to save and print these Terms using the standard functions of their browser and computer. Clients must also consult the specific conditions of the selected rate applicable to Hôtel Dame des Arts before confirming their booking. 

For any other booking method, the Client receives the general terms and conditions of sale together with the booking confirmation. Confirmation of the booking constitutes acceptance of these Terms and full and unreserved acceptance of their provisions. 

Hôtel Dame des Arts, acting on its own behalf, reserves the right to amend or supplement these Terms, in whole or in part, at any time. In such a case, the new version of the Terms will be made available on the Website together with its effective date. Clients are advised to regularly review the Terms to be aware of any changes. In any event, the Client is bound only by the version of the Terms in force at the time the Client makes the booking. 

Hôtel Dame des Arts is not liable for any damages of any kind that may result from such changes and/or from a temporary unavailability, or from the permanent closure of all or part of the Website or of the associated services, such as the online booking area, the private client area, or the unavailability of the Hôtel Dame des Arts reservations service. 

The Website sets out the following information: 

  • legal notices enabling precise identification of the company publishing the Website; 

  • the email address and telephone contact details enabling contact with the Hotel; 

  • the essential characteristics of the accommodation offered by Hôtel Dame des Arts; 

  • the essential characteristics of the complementary and optional services offered; 

  • prices, inclusive of all taxes; 

  • all additional fees applicable to the services offered on the Website; 

  • the method used to determine the price where it cannot be calculated in advance; 

  • the specific conditions of the selected rate; 

  • the validity period of offers and their price; 

  • payment methods; 

  • these General Terms and Conditions. 

Prior to booking, the Client represents that the booking is made for personal purposes. As a consumer, the Client has specific rights, which would be forfeited should the booked Services not be for personal purposes. 

All information published on the Website is presented in French as well as in other foreign languages. 

The Client represents that they have full legal capacity to enter into commitments under these Terms. 

Any booking made by a minor (aged between 16 and 18) can only be accepted by Hôtel Dame des Arts after obtaining a signed liability waiver from the legal representatives of the minor who made the booking and of any accompanying minors. Hôtel Dame des Arts reserves the right to request any supporting documents necessary to authenticate the signature on the waiver. 

ARTICLE 2: PURPOSE 

These Terms define the rights and obligations of the Client and of Hôtel Dame des Arts for all types of bookings (including remote bookings) and services offered. 

They govern all steps required for booking and for the follow-up of the booking between the contracting parties. 

The Client acknowledges having read these General Terms and Conditions of Sale and the specific conditions of sale of the booked rate, and having accepted them. 

ARTICLE 3: BOOKING 

The Client selects services among those offered by Hôtel Dame des Arts according to their needs. 

The Client acknowledges having read the nature, price and booking terms of the available services, and having requested and obtained the necessary and/or additional information, in particular the specific conditions of sale of the booked rate, in order to make the booking with full knowledge of the facts. 

A Client may book, on an individual basis, a maximum of 7 rooms per booking. For any booking of a greater number of rooms, the Client may: request a call back from the sales team by sending an email to the dedicated single point of contact for Events & Groups, whose details are shown under the “Meetings” tab of the Website, call that same point of contact, or send a quote request specifying the details of the services requested. 

The Client is solely responsible for their choice of services and for their suitability to the Client's needs, such that Hôtel Dame des Arts cannot be held liable in this respect. 

The booking is deemed accepted by the Client upon completion of the booking process. 

Every booking is personal and may under no circumstances be transferred to a third party, whether free of charge or for consideration. Any booking made on behalf of another person must be made in the name of the third party who will be staying. 

ARTICLE 4: BOOKING PROCESS 

The Client's booking is made directly online on the damedesarts.com website or by telephone using the contact details shown on the website. 

The booking request is confirmed upon the Client's receipt of the booking confirmation sent by Hôtel Dame des Arts. 

Prior to any booking, the Client undertakes to complete the mandatory information requested when the booking file is created. 

The Client attests to the truthfulness and accuracy of the information provided. 

The booking procedure includes, in particular, the following steps: 

  • Step 1 – On the Hotel's Website, selection of the room, dates and the specific conditions of sale of the booked rate; 

  • Step 2 – Selection, where applicable, of one or more complementary services offered; 

  • Step 3 – Presentation of the booking summary, its total price, additional fees and taxes, the specific conditions of sale of the booked rate (which include, in particular, payment terms and cancellation terms), any necessary changes to the selected services (date, room, rate, complementary service), and information regarding the applicable local tourist tax (payable on site), service fees, and fees related to payment by credit card (where applicable); 

  • Step 4 – The Client provides their contact details; 

  • Step 5 – General Terms and Conditions of Sale and processing of personal data: on the Website, the Client confirms, by ticking the box, that they have read and accept these General Terms and Conditions, the specific conditions of sale of the booked rate, the general terms of Selfbook (the booking engine) and the personal data processing policy, before finally confirming the booking; no booking can be made without this agreement. For any other booking method, the Client receives the General Terms and Conditions of Sale together with the booking confirmation. Confirmation of the booking constitutes adherence to these General Terms and Conditions of Sale and full, unreserved acceptance of their provisions; 

  • Step 6 – Provision of credit card details where a guarantee or prepayment is requested; 

  • Step 7 – Confirmation and validation of the booking and payment by the Client. Entering the payment card details reflects the Client's acceptance and has the effect of contractually binding the Client toward Hôtel Dame des Arts; 

  • Step 8 – The Client receives the booking confirmation email. This email summarizes the date the booking was made, the services booked, the prices inclusive of all taxes with a breakdown of applicable taxes and additional fees, the specific conditions of sale of the booked rate (including cancellation conditions) accepted by the Client, the General Terms and Conditions of Sale, and the address of the hotel. 

If the confirmation email is not received within 24 hours of booking, it is the Client's responsibility to contact Hôtel Dame des Arts to verify the information provided and confirm that the booking has been recorded. 

ARTICLE 5: CANCELLATION OR MODIFICATION BY THE CLIENT 

The Client is reminded that, in accordance with Article L. 221-28, 12° of the French Consumer Code, they do not have the right of withdrawal provided for under Article L. 221-18 of the French Consumer Code. 

The specific conditions of sale of the booked rate, as accepted by the Client, set out the terms for cancelling and/or modifying the booking. Prepaid bookings made under a non-refundable, non-cancellable rate may not be modified and/or cancelled under any circumstances. 

Where the stay is interrupted in the case of a prepaid booking under a non-refundable, non-cancellable rate, no refund will be made. 

Where the conditions of sale of the booked rate allow it: 

  • A booking made via the Website may be cancelled directly on the Website through the “Cancel my Booking” section, or with Hôtel Dame des Arts. For bookings made via the Preferred Hotels & Resorts website, cancellation must be made solely with that platform. 

  • A booking may be modified directly with Hôtel Dame des Arts, whose telephone contact details are provided in the confirmation email received by the Client. 

  • In the event of a “no-show” – that is, a booking that was not cancelled but for which the Client did not arrive at Hôtel Dame des Arts on the booked date – where the booking was guaranteed by credit card or prepaid, the hotel will charge, as compensation, the amount of one night's stay, or will not refund the amount paid as a prepayment. Where several nights were booked, the cancellation terms will apply in accordance with the specific conditions of sale of the booked rate. 

ARTICLE 6: CANCELLATION OR MODIFICATION BY THE HOTEL 

In the event of an exceptional occurrence or the impossibility of making the booked room available to the Client, or in the event of force majeure, Hôtel Dame des Arts may offer the Client accommodation in a hotel of at least equivalent category or, if of a lower category, a higher-category room than originally booked, for services of the same nature. Any additional costs associated with such relocation, for services of the same nature, will be borne by Hôtel Dame des Arts. The Client may also cancel the booking, in which case an immediate refund will be made. 

ARTICLE 7: STAY AT HOTEL DAME DES ARTS 

Any person staying at the hotel must present a valid form of identification at check-in. Failing this, Hôtel Dame des Arts may refuse to let a room to the Client and/or cancel the booking made, without any possibility of a refund. 

Foreign guests, including accompanying persons and adolescents over the age of 15, are required to complete an individual police registration form (“fiche individuelle de police”). Children under the age of fifteen may be included on the form of an accompanying adult. The information contained in these forms is governed by Articles R.814-1 to R.814-3 of the French Code on the Entry and Residence of Foreign Nationals and the Right of Asylum. 

The Client may not bring third parties into the room without first obtaining the express authorization of Hôtel Dame des Arts, which reserves the right to carry out any necessary checks. 

We are pleased to welcome cats and dogs under 10 kilograms, provided they are kept on a leash in all common areas of the establishment; Hôtel Dame des Arts may refuse to accommodate any pet or other animal likely to present a safety risk to other guests, such risk being assessed at the hotel's discretion. For hygiene reasons, animals are not permitted in dining areas (these provisions do not apply to guide dogs or assistance dogs). To ensure the peace and quiet of all guests, animals must not be left alone unsupervised. A surcharge of 25 euros per animal, per night, will be charged. 

The Client agrees and undertakes to make reasonable use of the room and of the common areas made available. Any conduct contrary to safety and/or hygiene principles, to standards of decency and/or to public order may lead Hôtel Dame des Arts to request that the Client leave the establishment, without a refund. 

Any damage caused by the Client, or by other occupants on the Client's behalf, in the room or in the various areas used during the stay, must be reported to the hotel reception and may be charged directly to the Client for the cost of repairs. 

For safety reasons and out of respect for others, smoking is strictly prohibited within the Hotel. In accordance with the French Public Health Code and its provisions governing the ban on smoking in premises used for collective purposes, smoking in the Hotel exposes the Client to the fine provided for third-class offenses, or to legal proceedings. 

Penalties of 300 euros may be applied if the Client fails to observe the posted no-smoking notice in their room. 

Unless expressly stated otherwise, the Client must vacate the room before 12:00 noon (local time) on the departure date. Failing this, late check-out fees will be charged at 50 euros per additional hour up to 4:00 p.m., and one full night beyond 4:00 p.m. 

ARTICLE 8: LIABILITY 

The photographs shown on the Website(s) are not contractual. While every effort is made to ensure that the photographs, graphic representations and text used to illustrate Hôtel Dame des Arts give as accurate a picture as possible of the accommodation services offered, variations may occur, in particular due to changes in furnishings, possible renovations, or weather conditions. The Client may not make any claim on this basis. 

In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements making up Hôtel Dame des Arts shown on the website is strictly prohibited, as is any reproduction of the décor and/or distinctive features of Hôtel Dame des Arts. 

In order to respect the privacy and image rights of other guests of Hôtel Dame des Arts, the Client agrees not to photograph them within the hotel or its grounds and/or to publish photographs taken under such circumstances. 

Hôtel Dame des Arts accepts no liability for any direct or indirect damages resulting from the actions of a third party, of the Client, or of Hôtel Dame des Arts's partners. 

Hyperlinks may lead to websites other than that of Hôtel Dame des Arts, which disclaims all liability as to the content of such sites and the services offered on them. 

Hôtel Dame des Arts has implemented measures to protect and secure its information system against malicious acts; however, connecting to the Website and making a booking implies that the Client acknowledges and accepts the characteristics and limitations of the Internet, the lack of protection of certain data against possible misuse or hacking, and the risk of contamination by any viruses circulating on the network. Hôtel Dame des Arts disclaims all liability in the event of misuse of, or an incident related to the use of, the computer or any other device used to access the Internet, of the maintenance or malfunction of the website, or of any other technical connection, or of information sent to an incorrect address. 

Any booking or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the order at the Client's expense, without prejudice to any civil or criminal action against the Client. 

Hôtel Dame des Arts reserves the right to refuse entry to, or to expel without a refund, guests whose attire is indecent or unkempt, guests whose attire is intended to conceal the face (Law No. 2010-1192 of 11 October 2010), guests behaving in a noisy, improper or intoxicated manner, and guests whose conduct is contrary to hygiene, standards of decency and public order. Appropriate attire is required in the restaurants and public areas of each hotel. 

The Client shall be courteous and respectful toward the staff of each hotel. On pain of exclusion without a refund, the Client shall refrain from any verbal or physical violence, any racist behavior or remarks, and any form of harassment toward staff. 

ARTICLE 9: PRICES 

Prices for booked services are communicated before and at the time of booking. 

Prices quoted are per room for the number of person(s) and date(s) selected. Unless stated otherwise, complementary services (breakfast, half board, full board, etc.) are not included in the price. When the Client's booking is confirmed, the total amount of the booked services will be indicated. 

Prices take into account VAT applicable on the day of booking, and any change in the applicable VAT rate will automatically be reflected in the prices shown as of the invoicing date. 

All additional fees applicable to the selected rate and their calculation method are explicitly communicated before and at the time of booking. These include the local tourist tax, service fees, and credit card payment fees, where applicable, in accordance with the specific conditions of sale. 

Prices are confirmed to the Client inclusive of all taxes, in the hotel's trading currency (the Euro). Prices communicated are valid only for a set period. All bookings are payable in the hotel's local currency. 

If a rate requires payment to be made at Hôtel Dame des Arts in a currency other than that confirmed on the booking, exchange costs (conversion and banking fees) are borne by the Client. Where a currency conversion is shown for the currency confirmed on the booking into another currency, it is provided for indicative purposes only and is not contractual, given in particular the possible change in exchange rates between the booking date and the date of the stay at the establishment. 

The local tourist tax, and any other tax specific to the municipalities indicated for each rate, is payable directly on site at the hotel. 

Any change to, or introduction of, new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices shown as of the invoicing date. Rates may indeed be increased by various taxes depending on the city/country. These taxes will be communicated to the Client at the time of booking, if known to the hotel at that time. Failing this, they will be displayed at the reception of Hôtel Dame des Arts. The Client undertakes to pay the various taxes, without any dispute, to the booked hotel. 

Hôtel Dame des Arts guarantees that the best rates are offered on the Website. If, after booking the hotel, the Client finds within 24 hours of the booking an equivalent offer for the same date(s), at a lower rate for the same hotel, the same number of persons, the same room type, the same services (breakfast, etc.), under the same conditions of sale (cancellable or not, refundable or not) on another website (excluding exclusions), excluding local tourist tax but including booking fees, Hôtel Dame des Arts guarantees to match that rate. 

ARTICLE 10: PAYMENT 

The Client provides payment details either (i) to prepay the booking prior to the stay, or (ii) as a guarantee for the booking in the event of a “no-show”. Where a credit card is used, the required information is: the card number, without spaces between the digits, the expiry date (the credit card used must be valid at the time of the stay), and the visual cryptogram, in the case of a prepayment. 

Hôtel Dame des Arts has selected some of the most advanced current internet security technologies (Secure Socket Layer and Paytweak) to secure online prepayments by credit card, using 3D Secure and/or payment links. The Client's payment card is subject to security checks (outstanding balance checks, card-country checks, IP-address-country checks, etc.) by the designated partner and may be declined for various reasons: stolen or blocked card, limit reached, data entry error, etc. In the event of an issue, the Client must contact their bank on the one hand, and the Establishment or any other relevant entity on the other, to confirm the Service booking and the payment method. 

Available online payment methods, as communicated, may include Visa and Mastercard, American Express, UnionPay, JCB, and Diners. This list is subject to change. 

Payment is debited at the hotel during the stay, except in the case of special conditions or rates under which payment is debited at the time of booking (prepayment for certain rates). 

Payment by bank transfer may also be requested by the hotel where the amount exceeds 15,000 euros, or at the Client's express request, with no limit on the amount. 

In the case of payment at the hotel, Hôtel Dame des Arts may accept different payment methods, but the Client must present at the hotel the credit card used to guarantee the booking or to make the prepayment, in order to verify the Client's identity. The hotel may also request that the Client present a form of identification for credit card fraud prevention purposes. 

If the Client has not prepaid the stay, the Establishment will request, upon the Client's arrival, a security deposit or an authorization to charge the credit card to guarantee the stay, corresponding to the total amount of the booked nights, plus a flat amount of 50 euros per night and per person to cover extras. The same guarantee will be required from third-party guests. 

If the Client has prepaid the stay, the Establishment may request from the Client a flat amount of 50 euros per night and per person to cover extras. 

In the event of a no-show – that is, a booking that was not cancelled and for which the client did not arrive at the hotel on the scheduled date – provided the booking is guaranteed, Hôtel Dame des Arts will charge the client an amount determined according to the rate conditions of the booking: 

  • for a flexible-rate booking, the amount of the first night booked; 

  • for a non-refundable-rate booking, the total amount of the booked stay. 

These terms correspond to the cancellation conditions applicable to the rate selected at the time of booking. 

At the time of prepayment, the amount debited upon booking includes: the price of accommodation, taxes related to accommodation, the price of dining if breakfast is selected, taxes related to dining, and any other complementary services selected by the Client, excluding the local tourist tax and/or any other tax due as a result of the Client's stay at the hotel. 

ARTICLE 11: PERSONAL DATA 

Your personal data requested as part of your booking – namely your title, last name, first name, postal address, telephone number with country code, email address, payment card details (number, card type, cardholder name, expiry date and cryptogram, where provided to us), as well as any data communicated or generated by your browsing – constitute confidential data. 

Such data is accessible only to Hôtel Dame des Arts and to its subcontractor in charge of managing the “bookings” page, and is used to process your bookings and stays and, provided you have agreed by ticking the corresponding box, to send you our newsletter, respond to your requests, or communicate commercial offers to you. It is retained for the period necessary for the business relationship established between the Client and Hôtel Dame des Arts. 

Certain information requested in the forms is mandatory and marked with an asterisk. If you choose not to provide it, we will not be able to process your request. 

Under the French “Informatique et Libertés” Act of 6 January 1978, as amended, and the General Data Protection Regulation (2016/679), you have, in particular, a right of access, rectification, and erasure, and the right to request a restriction of the processing of personal data concerning you. 

You also have the right to object to the processing of your data for a legitimate reason and the right to object to the processing of your data for commercial prospecting purposes. For more information on the processing of your data and on all of your rights regarding your personal data, please consult our personal data processing policy for clients of Hôtel Dame des Arts: https://www.damedesarts.com/politique-confidentialite 

You may exercise these rights at any time by emailing us at hotel@damedesarts.com 

ARTICLE 12: EVIDENTIARY AGREEMENT 

The entry of the required payment card information, together with the acceptance of these General Terms and Conditions and of the booking request, constitutes acceptance of the hotel services contract between the parties, and has the same value as a handwritten signature. 

The computerized records kept in Hôtel Dame des Arts's information systems will be retained under reasonable security conditions and will be considered as evidence of the communications, orders and payments made between the parties. 

ARTICLE 13: FORCE MAJEURE 

Hôtel Dame des Arts cannot be held liable to the Client in the event of failure to perform its obligations resulting from an event of force majeure. 

Events of force majeure or fortuitous events are those generally recognized by the case law of French courts and tribunals. 

The booked hotel may offer the Client accommodation in a hotel of at least equivalent category or, if of a lower category, a higher-category room than originally booked, for services of the same nature. Any additional costs associated with such relocation, for services of the same nature, will be borne by the originally booked hotel. The Client may also cancel the booking, in which case a credit voucher or an immediate refund will be issued. 

ARTICLE 14: GOVERNING LAW 

These General Terms and Conditions of Sale are governed by French law, both as to substantive rules and as to formal rules. 

The parties expressly agree that the formation, performance and interpretation of these Terms, and of any contract binding the Client to Hôtel Dame des Arts, are governed exclusively by French law, to the exclusion of any other legislation, regardless of applicable conflict-of-law rules. 

ARTICLE 15: ENTIRE AGREEMENT 

These General Terms and Conditions of Sale, the conditions of sale of the rate booked by the Client, and the booking confirmation set out the entirety of the parties' obligations. 

No general or specific terms communicated by the Client may be incorporated into these Terms. 

The documents forming the contractual commitments between the parties are, in descending order of priority: the booking form or request (including the specific conditions of the booked rate) validated by the Client, and these General Terms and Conditions. 

In the event of any contradiction between the booking confirmation and these Terms, the provisions set out in the booking confirmation shall alone apply to the obligation in question. 

ARTICLE 16: DISPUTE RESOLUTION – EXCLUSIVE JURISDICTION CLAUSE 

In the event of a dispute relating to these Terms, the parties shall endeavor to reach an amicable resolution. To this end, the Client must first contact the relevant hotel by email or postal mail using the contact details shown on the website. 

Failing an amicable agreement, or failing a response from the hotel within two (2) weeks, the Client may refer the matter to the consumer mediator, whose contact details are as follows: 

  • by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com; or 

  • by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS. 

The Client is also informed of the existence of a European Online Dispute Resolution (“ODR”) platform, which the Client may access via the following link: https://ec.europa.eu/consumers/odr 

Should the above out-of-court resolution procedures fail, the Parties agree to submit their disagreement or dispute exclusively to the courts within the jurisdiction of the Paris Court of Appeal. They irrevocably waive any objection based on lack of jurisdiction, whether relating to the subject-matter or territorial jurisdiction of the court seized, which they might otherwise raise to challenge proceedings brought before such courts.