Terms and Conditions of Sale

The terms used herein with a capital letter without prior definition have the meaning given to them below:

"Client" means a natural person, of legal age, acting for their personal needs and having full legal capacity to commit under these terms.

"Conditions of sale of the reserved rate" means the specific conditions of each reservation made by the Client.

"Reservation confirmation" means the document summarizing the details of the reservation made by the Client, sent by the website or the Hotel to the Client.

"Reservation request" means any request for a hotel room reservation made by the Client.

"Hotel" means the hotel 121 Paris located at 121 Avenue de Clichy 75017 Paris.

"Partners" means all service providers who have entered into a service provision contract or partnership agreement with the Hotel.

"Service" means any hotel room reservation service made by the Client on the Hotel's website.

"Hotel's Website" means the website dedicated to the Hotel accessible at the following address https://www.121parishotel.com and the integrated booking engine.

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of hotel room reservation services and related services ("Services") offered by the Hotel ("the Provider" or "the Hotel") to consumers and non-professional clients ("Clients or the Client") on the Hotel's website. The main features of the Services are presented on the Hotel's website. The Client is required to read them before any reservation. The choice and purchase of a Service is the sole responsibility of the Client.

The Client declares:

• To have full legal capacity to commit under these General Terms and Conditions of Sale.
• To make the reservation of hotel rooms and related services for personal needs.
• To be able to save and print these General Terms and Conditions of Sale. The Hotel's contact details are as follows:

Hotel 121 Paris
121, avenue de Clichy
75017 PARIS

These conditions apply to the exclusion of all other conditions, including those applicable to other marketing channels for the Services.

It is brought to the Client's attention that the Hotel enters into partnership agreements with third-party travel providers to enable the Client, using the services offered by these partners on their website, to search, select, and book rooms at the Hotel. Any reservation of hotel rooms made under these conditions implies the complete and unconditional consultation and acceptance by the Client of the specific conditions of the provider, the conditions of sale of the reserved rate, and these general terms and conditions of sale. The Client declares having obtained all necessary and available information from the Hotel on the website.

These General Terms and Conditions of Sale are accessible at any time on the Hotel's website and will prevail, if necessary, over any other version or any other contradictory document.

Unless proven otherwise, the data recorded in the Provider's computer system constitutes proof of all transactions concluded with the Client. Thus, the entry of banking information, the acceptance of the General Terms and Conditions of Sale, the Conditions of Sale of the rate, or the Reservation Request, between the Hotel and the Client has the same value as a handwritten signature on paper. The computerized registers kept in the Hotel's computer systems will be kept under reasonable security conditions and considered as proof of communication, orders, and payments between the Hotel and the Client.

The Hotel ensures the conservation of the written record of the contract conclusion in electronic or paper format for a maximum period of 5 years.

These General Terms and Conditions of Sale also include the Personal Data Charter.

The Client declares having read these General Terms and Conditions of Sale (including the Personal Data Charter) and accepted them by checking the box provided for this purpose before implementing the online reservation procedure as well as the General Terms and Conditions of Use of the Hotel's website.

The validation of the Service reservation by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).

The Client acknowledges having the required capacity to contract and acquire the Services offered on the Hotel's website.

These General Terms and Conditions of Sale may be subject to subsequent modifications, the applicable version to the Client's purchase is the one in force on the website at the date of the reservation.

These General Terms and Conditions of Sale are applicable during the period of online services offered by the Hotel on the Hotel's website. The Hotel reserves the right to temporarily or permanently close access to its website.

ARTICLE 2 – Reservations

The Client selects on the website the services they wish to reserve, according to the following procedures:

1. Selection of the type of room and rate
2. Selection of additional services if applicable
3. Verification and validation of the reservation details, total reservation amount, and rate conditions
4. Indication of contact details
5. Entering bank card details in case of guarantee or prepayment
6. Consultation and acceptance of the general terms and conditions of sale and the conditions of the selected rate prior to validating the reservation
7. Validation of the reservation

The Client acknowledges having been informed of the nature, purpose, and reservation methods of the Services offered by the Hotel and having requested and obtained the necessary information to make the reservation with full knowledge of the facts. The Client is solely responsible for their choice of services and their suitability to their needs, so that the Hotel cannot be held responsible in this regard.

The Client agrees to complete the requested information on the reservation request and certifies the truthfulness and accuracy of the information transmitted.

The contractual information is presented in French and is subject to confirmation at the latest when the reservation is validated by the Client.

For reservations made exclusively online, the registration of a reservation on the Provider's website is completed when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their reservation. The Client has the opportunity to check the details of their reservation, the total price, and correct any errors before confirming acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract. It is therefore the Client's responsibility to verify the accuracy of the reservation and to immediately report any errors.

The sale of Services will only be considered final after the Client has received a confirmation of acceptance of the reservation from the Provider, by email and after the full payment has been received.

Any reservation made on the Hotel's website constitutes the formation of a contract concluded remotely between the Client and the Provider.

The Hotel reserves the right to cancel or refuse any reservation from a Client with whom there is a dispute over the payment of a previous reservation.

Each reservation is nominative and cannot under any circumstances be transferred to a third party.

Cancellation of a reservation at the Flexible rate:

In case of cancellation of the reservation at the Flexible rate by the Client after 12:00 PM, French time, the day before the scheduled date of stay, for any reason whatsoever, an amount corresponding to the total amount of the first night will be automatically acquired by the Provider and charged to the Client, as compensation for the damage suffered.

Cancellation/Modification of a reservation at the Non-Cancellable Non-Refundable rate:

In case of cancellation or modification of the reservation at the Non-Cancellable Non-Refundable rate by the Client, for any reason whatsoever, an amount corresponding to 100% of the total prepaid amount will be automatically acquired by the Provider and charged to the Client. The same applies in case of no-show by the Client on the scheduled date of arrival.

ARTICLE 3 – RATES

The Services offered by the Provider are provided at the rates in effect on the Hotel's website at the time of booking by the Provider. Prices are expressed in Euros. Rates take into account any discounts granted by the Provider under the conditions specified on the Hotel's website.

These rates are firm and non-revisable during their validity period, as indicated on the Hotel's website, the Provider reserving the right, outside this validity period, to modify prices at any time.

Rates are indicated before and during the reservation made by the Client. They are understood per room for the number of people and the selected date.

Rates are confirmed to the Client as inclusive of all taxes (excluding tourist taxes) in the Hotel's commercial currency. They take into account the VAT rate applicable on the day of the reservation; any change in the applicable VAT rate will be automatically reflected in the prices indicated on the billing date. The same applies to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.

Rates do not include the Tourist Tax payable directly on-site at the Hotel. The Client agrees to pay these various taxes without contesting them with the Hotel. The payment requested from the Client corresponds to the total amount of the purchase, except for this Tax. Unless otherwise stated on the Site, additional services (breakfast, etc.) are not included in the price.

The conversion into foreign currency is given for informational purposes only and is not contractual. If a rate involves payment directly at the Hotel upon the Client's arrival or departure and the Client's currency is not the same as that of the Hotel, the rate charged by the Hotel may differ from that communicated at the time of reservation, taking into account changes in the exchange rate between the reservation date and the payment date.

An invoice is issued by the Provider and given to the Client upon the provision of the reserved Services.

ARTICLE 4 – Payment Terms

In case of payment in cash on the day of the reservation (Non-Cancellable Non-Refundable Rate):

The price is payable in full on the day the reservation is confirmed by the Client, according to the terms specified in the "Reservations" article above, by secure payment:

– by credit cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).

During the reservation, the Client provides their bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end of the stay), and the security code.

Payment data is exchanged in encrypted mode using SSL protocol.

The Client will present themselves at the Hotel with the credit card used to make the reservation payment. They may be asked to present an ID as part of procedures to prevent credit card fraud.

The Provider will not be required to provide the ordered Services if the price has not been previously paid in full under the conditions and as indicated above.

Payments made by the Client will only be considered final after the Provider has effectively collected the sums due.

In case of payment in cash upon service provision (Flexible Rate):

The price is payable in full on the day of the provision of the reserved Services under the conditions defined in the "Provision of Services" article below and as indicated on the invoice given to the Client, by secure payment:

– by credit cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).

The Hotel may ask the Client, upon arrival, to pay a security deposit or authorize the debit of their credit card, to guarantee the payment of amounts corresponding to services consumed on-site.

The Client will then provide their bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end of the stay), and the security code. They may be asked to present an ID as part of procedures to prevent credit card fraud.

The Provider will not be required to provide the ordered Services if the price has not been previously paid in full under the conditions and as indicated above. Payments made by the Client will only be considered final after the Provider has effectively collected the sums due.

ARTICLE 5 – Provision of Services

The Services reserved by the Client, including hotel room reservation services and related services, will be provided under the following conditions, under the conditions provided for in these General Terms and Conditions of Sale, supplemented by the Conditions of Sale of the Rate, which the Client has read and accepted when making the reservation on the Hotel's website.

Upon arrival, the Client will be asked to present their ID to ensure compliance with the obligation to complete a Police Form.

The Hotel is a completely non-smoking area. The client will be held responsible for direct and/or indirect damages, consequential damages, resulting from smoking in the Hotel. They will therefore be liable for the full amount of cleaning and restoration costs of the damaged element or area.

Pets, provided they are kept on a leash or in a cage in the common areas of the establishment, may be accepted according to the Hotel's current policy with the payment of an additional fee. For hygiene reasons, pets are not allowed in the dining rooms.

The Client's personal belongings left in the Hotel room, especially outside the safe or in the public areas of the Hotel, are their sole responsibility. The Hotel cannot be held responsible for the loss, theft, deterioration, or damage caused to said belongings.

The client agrees and undertakes to use the room as a prudent and reasonable person. Any behavior contrary to good morals and public order will lead the Hotel to ask the Client to leave the establishment without any compensation and/or without any refund if payment has already been made. If no payment has yet been made, the client must pay for the consumed nights before leaving the establishment.

The Client will be held responsible for all direct and/or indirect damages, consequential damages, of which they are the author, observed in the reserved room or that they may cause within the Hotel. Consequently, they undertake to compensate the Hotel up to the amount of said damages, without prejudice to any damages that may be due, including legal and attorney fees incurred by the Hotel.

A WIFI access allowing clients to connect to the internet may be offered according to the Hotel's current policy. The client undertakes that the IT resources made available by the hotel will not be used in any way for reproduction, representation, making available, or communication to the public of works or objects protected by copyright or neighboring rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code when such authorization is required.

If the client does not comply with the aforementioned obligations, they risk being accused of counterfeiting (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment.

The client is also required to comply with the security policy of the hotel's internet service provider, including the rules of use of security measures implemented to prevent the illicit use of IT resources and to refrain from any act that may harm the effectiveness of these measures.

Unless otherwise expressly provided, the room will be made available to the Client on the day of their arrival at 2:00 PM, and the Client will leave the room on the day of departure at 12:00 PM. Otherwise, an additional night will be charged to the Client. The Client must check their departure date. In case of early departure, fees equivalent to one night will be charged, unless the Client has notified the Hotel at least 24 hours before departure, i.e., before 12:00 PM the day before departure. For non-refundable and non-cancellable reservations, the entire stay will be charged.

The Provider undertakes to make its best efforts to provide the Services reserved by the Client, within the framework of an obligation of means.

The photographs on the site are not contractual. Although the Hotel strives to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Hotel give as accurate an overview as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or possible renovations.

The Client will have a period of 8 days from the date of departure from the Hotel to issue, in writing, any reservations or complaints regarding the provision of the Services, with all the relevant supporting documents, to the Hotel. No claim will be validly accepted in case of non-compliance with these formalities and deadlines by the Client. In the absence of reservations or complaints expressly issued by the Client within this period upon receipt of the Services, they will be deemed to conform to the reservation, in quantity and quality.

For any claim related to a hotel reservation, the customer service is at your disposal. Go to the "Contact Us" section.

You can also write to us:

Hotel 121 Paris,
121 avenue de Clichy
75017 Paris, France.
Or by email at the following address:
121@paris17hotel.com

The Client is informed by the Provider of the possibility of resorting, in case of dispute concerning these General Conditions or the execution of the contract, to a conventional mediation procedure or any other alternative dispute resolution method, under the conditions provided for in Title I of Book VI of the Consumer Code.

After contacting the Provider's customer service to try to resolve the dispute amicably, and in case of a negative response or no response within sixty (60) days from the date of referral, the Client can refer the matter to the Tourism and Travel Mediator – BP 80303 – 75823 Paris Cedex 17 or on their website:

https://www.mtv.travel/

The Client can also use the online dispute resolution platform (RLL) at the following URL address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

In case of relocation:

In case of an exceptional event, force majeure, or inability to make the reserved room available to the Client, the Hotel reserves the right to fully or partially accommodate the Client in a hotel of equivalent category, for services of the same nature.

ARTICLE 6 – Right of Withdrawal

In accordance with Article L 221-28 of the Consumer Code, the Client 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. The contract is therefore concluded definitively upon the Client's reservation according to the terms specified in these General Terms and Conditions of Sale.

ARTICLE 7 – Provider's Liability – Warranty

The Provider guarantees, in accordance with legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, resulting from a failure to perform the reserved Services and effectively paid for under the conditions and according to the terms defined in these General Terms and Conditions of Sale. The Services provided through the Hotel's website comply with the regulations in force in France. The Provider's liability cannot be engaged in case of non-compliance with the legislation of the country where the Services are provided, which it is up to the Client, who is solely responsible for the choice of requested Services, to verify.

ARTICLE 8 – Unforeseen Circumstances

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all Provider's Services to the Client. The Provider and the Client therefore each waive the right to rely on the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided for therein, agreeing to assume their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of the sale, even if their execution would prove excessively onerous and to bear all economic and financial consequences.

ARTICLE 9 – Force Majeure

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

ARTICLE 10 – Applicable Law – Language

These General Terms and Conditions of Sale and the operations resulting from them are governed and subject to French law. These General Terms and Conditions of Sale are written in French. In case they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

ARTICLE 11 – Disputes

All disputes to which the purchase and sale transactions concluded under these general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences, and repercussions and which could not be resolved between the Hotel and the Client will be submitted to the competent courts under the conditions of common law. The Client is informed that they can, in any event, resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or any alternative dispute resolution method (conciliation, for example) in case of dispute. The Client can also use the online dispute resolution platform (RLL) at the following URL address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR