PRELIMINARY ARTICLE – DEFINITIONS
In the following, the terms below will have the following meaning: “Client”: An individual of legal age who has full legal capacity at the time of signing the reservation contract, or a legal entity duly represented by an individual with the capacity and legal authority to represent it. “Establishment”: means the hotel restaurant Le Trèfle, SASU SYNERGOTEL with a capital of 15245,00 €, 38-40 ROUTE D’ESPAGNE 31120 PORTET-SUR-GARONNE. Registered in the Toulouse Trade and Companies Register B 394 322 457 under number 39432245700018. Intracommunity VAT number: FR03394322457 . “Service(s)”: refers in particular to the accommodation services offered and provided by the Establishment, as well as all the additional services also offered by the Establishment (catering, room hire, extras, etc.). “Reservation(s)”: refers to any reservation of a Service in the Establishment, whether made online, by telephone or by e-mail.
These GTC apply, without restriction or reservation to all reservations with the Establishment under the Le Trèfle brand. Specific conditions may nevertheless be applicable in the context of group bookings or for particular events.
These GTC apply for the entire duration of the marketing of temporary accommodation services and other complementary services offered by the Establishment. Le Trèfle reserves the right, without notice or compensation, to close temporarily or permanently, in whole or in part, the Establishment, the Site, the online reservation space or any other reservation process. Le Trèfle shall not be liable for any damages of any kind that may result from the temporary unavailability of all or part of the Site or reservation procedures. Le Trèfle reserves the right to adapt or modify these GTC at any time. In case of modification, the GTC in force at the time of the Reservation will be applied.
1.3 Legal regime
These GTC are subject to the provisions of Articles L. 221-1 and following of the Consumer Code. Any Reservation is subject to these GTC and the special conditions for each of the Services offered by Le Trèfle
These GTC define the rights and obligations of the parties in the context of Reservations for Services offered by Le Trèfle. The GTC govern all the steps necessary for the completion and monitoring of the Reservation, its maintenance and validity, and the payment of the related price.
Any Customer acknowledges having the capacity to contract under the conditions described in the GTC presented below, ie have the legal majority and not be under guardianship or trusteeship. To this end, Le Trèfle reserves the right to request from the Customer, upon arrival in the Establishment, a document proving his identity indicating in particular his date of birth. Any minor must be accompanied by a person who proves parental authority over the minor. Foreign customers are obliged to fill in an individual police form in the countries concerned by such regulations, in accordance with the provisions of article R.611-42 of the French Code of Entry and Residence of Foreigners. The Customer acknowledges that these GTC are an integral part of the Reservation contract that he/she concludes with Le Trèfle and that he/she has read them prior to validating his/her Reservation and has freely accepted all the terms. The Customer therefore accepts that the GTC, or any other contractual document informing him/her of the characteristics of the Services and associated special rates are presented to him/her online on the Site for the purposes of concluding the Reservation contract. The Customer therefore declares to have obtained from the establishment Le Trèfle all the information necessary prior to its Reservation. Any validation of a Reservation by the Customer requires prior acceptance of these GTC in their entirety. He has the option of saving and editing these GTC from the Site using the standard features of his browser and / or computer. The Client expressly accepts that the entry of the banking information required during the Reservation process, the acceptance of these GTC and the validation of the Reservation request (in particular by the Client clicking on the “validate” button) constitute an electronic signature within the meaning of Article 1367 of the French Civil Code, which has, between the parties, the same value as a handwritten signature.
The Site offers the Customer the possibility of reserving a room in the Establishment, according to transparent contractual rates with or without options or extras left to the free subscription of the Customer. The Customer acknowledges that he/she has taken note of the characteristics of the selected Hotel and of the booking procedures for the Services available on the Site, and that he/she has requested and obtained all necessary and/or additional information in order to make his/her Reservation in full knowledge of the facts. The Customer is solely responsible for the choice of Services and their suitability to his needs, so that the responsibility of The Clover can in no way be sought in this regard. In the event of cancellation of the Reservation by the Customer, Le Trèfle will either refund the deposit paid or a credit note may be kept for a future stay. Reservations are subject to a pre-authorization as a deposit on a credit card, the amount of which represents one night and a minimum of 100 €. This pre-authorization will be cancelled on request of the customer after his departure.
3.1 Online reservation process
Reservations made by the Client can be made through a reservation tool accessible online on the Site. The Reservation is deemed accepted by the Client at the end of the Reservation process by clicking on the “Validate” field. The Reservation is deemed to have been made as soon as the confirmation of the Reservation is sent. The Client undertakes, prior to any Reservation, to complete the information requested. The Customer attests to the truthfulness and accuracy of the information provided. Le Trèfle acknowledges receipt of the Customer’s Reservation by sending an e-mail to the Customer at the e-mail address previously provided. In the case of online reservations, the acknowledgement of receipt of the Reservation by e-mail summarizes the essential characteristics of the Reservation: the Services reserved, the rates, the main conditions of reservation applicable, as previously accepted by the Customer, the dates of stay, information relating to Customer Service, and the address of the Facility.
3.2 Reservation by telephone or e-mail
When a reservation request is made by telephone or e-mail, Le Trèfle offers – by telephone or e-mail sent to the number or e-mail address used to send the reservation request – the rates available in real time and the related additional Services according to the Customer’s request on the dates requested. These GTC and the summary of the Client’s Reservation request are also sent to the Client by fax or e-mail, as well as, if necessary, a request for bank details for the purposes of registering the Reservation (possible prepayment or payment of a deposit depending on the rate selected, and for the purposes of establishing a bank guarantee). Only the written confirmation of the registration of the Reservation by fax or e-mail will be considered as the conclusion of the Reservation contract.
3.3 Right of withdrawal – Cancellation
The Customer is reminded, in accordance with Article L.221-28 12° of the French Consumer Code, that he/she does not have the right of withdrawal as provided for in Article L.221-18 of the French Consumer Code, as soon as the Services are provided on a specific date or according to a specific frequency. Without prejudice to the above provisions, the contractual terms and conditions may, where applicable, provide for a cancellation option when the Reservation is made under the heading “Flexible rate”, depending on the terms and conditions of the Reservation validated by the Customer as indicated for each rate. In this case, the Customer has been informed of his or her right to cancel and of the related contractual conditions, which he or she is reminded of before validating his or her Reservation and also in the confirmation of the Reservation sent by Le Trèfle. If the particular conditions of the Reservation allow it (i.e. for “Flexible rates” reserved), the right of cancellation by the Customer must be exercised at least 48 hours in advance, and before noon local time of the country of the Establishment. Late notification of cancellation will result in the application of late cancellation fees: these fees are equal to one night’s accommodation, plus any extras listed in the Customer’s Reservation, according to the applicable rate, all taxes included. The Customer can use his right of cancellation on the Site by clicking on the “Cancellation” button which takes the Customer to the page dedicated to this purpose and where the Customer must follow the steps indicated in order to make the exercise of his right effective. The Customer is reminded that Reservations with payment during the Reservation process (pre-payment) offered under the headings “internet / standard / special offers / promotional rates / Rack/Hot Deal packages / Promotions / Internet rates / Best rates / Packages and rack rates / etc.” may not be modified or cancelled. The amounts paid will not be refunded or exchanged. In the event of interruption of the stay, the full price of the Reservation will be collected without any right to reimbursement or any credit note or exchange for the Customer for the unused portion of the Services in the Establishment. Unless otherwise expressly agreed, the Client must leave the room before eleven o’clock (11.00AM) on the day of the end of his stay. Failing this, he/she will be charged for a private night’s stay at the rate in effect on that day. Without prejudice to the application of the right of cancellation under the conditions mentioned above for the “Flexible Rate”, any failure by the Client to arrive at the establishment without prior notification to the establishment to take possession of the reserved room, shall constitute the release of the Reservation in its entirety, implying the availability of the reserved night(s) and shall automatically result in the payment of all costs relating to the reserved stay, including all nights and extras booked, taxes included, without any right to reimbursement to the Client. Any request for cancellation must be communicated to us by e-mail, with acknowledgement of receipt from the sales department, at email@example.com
1. Conditions, in the case of total cancellation: (in reference to the estimate)
– Between 60 and 30 days before the planned date: 50% penalty of the total net amount
– Between 29 and 08 days before the scheduled date: 60% penalty of the total net amount
– Between 07 and 02 days before the scheduled date: 80% penalty of the total net amount
– Less than 2 days before the scheduled date: 100% penalty of the total net amount
2. Conditions, in the case of an event postponement :
– 40 days before the scheduled date: no charge provided that the date does not exceed 110 days
– Between 39 and 07 days before the scheduled date: 30% penalty of the total net amount
– Less than 6 days before the scheduled date: 60% penalty of the total net amount
3. Conditions, in the case of partial cancellation: (in reference to the signed quote)
If the price is increased, it is subject to availability by the sales department.
HOTEL: Penalties applicable per cancelled participant, calculated as a % of the unit amount including VAT
– Cancellation more than 15 days before the scheduled date: no charge
– Cancellation between 14 and 08 days before the scheduled date: 50%.
– Cancellation between 07 and 02 days before the scheduled date: 80%.
– Cancellation less than 2 days before the scheduled date: 100%.
SEMINAR: Penalties applicable per cancelled participant, calculated in % on the unit amount including VAT
– Cancellation more than 15 days before the scheduled date: no fee
– Cancellation between 14 and 08 days before the scheduled date: 50%.
– Cancellation between 07 and 02 days before the scheduled date: 70%.
– Cancellation less than 2 days before the scheduled date: 100%.
The rates related to the booking of the Services are indicated before and during the booking process. The rates are valid in real time regardless of the method of Reservation selected by the Client: the rates are valid at the time of the Reservation request made by the Client. These rates are also accessible under the heading “views of rates available on the calendar”. In any event, the specific rate conditions related to each rate/type of room, or additional services, appear opposite each of the Services for which the Customer has made a Reservation. The rates displayed are valid only for the period indicated on the Site. The rates indicated are per room, for the number of person(s) and the dates selected by the Customer, and – unless a special extra is subscribed to this effect – the rates concern a check-in by the Customer at 3:00 p.m. and a check-out at 11:00 a.m. The tourist tax (City or Tourism Tax) indicated for each rate is to be paid directly to the Hotel: it is not included in the price of the Reservation. Rates are subject to value added tax (VAT) and are displayed in the amount including VAT at the rate in force at the time of confirmation of the reservation in the country’s currency according to the connection IP address. The prices take into account the VAT applicable on the day of the Reservation and any change in the applicable VAT rate will automatically be reflected in the prices indicated, in particular in the event of a change in the rate applicable on the day of consumption of the stay and of the extras subscribed to in relation to the rate applicable at the time the Reservation is made.
All Reservations, regardless of their origin, are payable in the local currency indicated for the Establishment. The foreign currency conversion indicated at the time of the Reservation is given as an indication and is not contractual. Only the currency confirmed at the time of the Reservation is guaranteed. If the payment is made in a currency other than the currency of the country where the Reservation was made (IP address location), the exchange fees will be charged to the Client. If a rate implies that the payment is made directly to the establishment at the time of arrival (check-in) or departure (check-out) of your stay, and that the Customer’s currency is not the same as that of the country in which the establishment is located, the rate debited by the latter is likely to be different from the one communicated at the time of the Reservation, taking into account possible changes in exchange rates between the date of reservation and the dates of stay in the establishment. The rates are systematically indicated during the Reservation process on the Site. The same applies to the total price of the Reservation before validation by the Client, until the last step, with the acknowledgement of receipt of the Reservation also summarizing the content of the Reservation and the rate applied. No discount or rebate will be given by the Establishment for payment prior to the dates and conditions set forth in these Terms and Conditions or online by payment during the Reservation process or on the invoice issued by the Establishment. The existence of rates indicated as “Internet/Standard/Best Rate” at the time of the online Reservation process, or offline (by telephone, fax or e-mail), are in no way exclusive of the existence of a rate at a lower price for the same services, which would have been offered before or which would be offered after the process, under the same or different commercial wording, but which are no longer or not yet in force at the time of the reservation. To this end, the creation of rates at a lower price than that indicated in the reservation, and which would be in force at a time other than that at which the reservation is made, can never give rise to the application of these lower rates to the benefit of the Client. Only the contractual rate, in force at the time of the reservation, is valid between the parties.
In order to validate the Reservation, the Client must communicate his bank details as a guarantee of the Reservation, and – where applicable – for the purposes of payment of his Reservation in the event of special conditions or rates requiring online payment as stipulated during the Reservation process and, in particular, those offered under the headings “Prepaid, Hot Deal breakfast included, Prepaid breakfast included”. It is specified that – except in the case of special conditions or rates requiring a pre-payment of the amount of the Reservation following an online debit computer process – the payment is debited directly to the Establishment during the stay. The Customer must then communicate the details of his or her credit card (Visa, Mastercard International, Eurocard/Mastercard, American Express) by indicating directly in the area provided for this purpose the number of the card, without any space between the digits, as well as its date of validity and the visual cryptogram via the payment platform dedicated to this purpose. The same applies to the communication of bank details required for Reservations made by telephone or e-mail according to the conditions indicated below, which imply either payment at the time of the Reservation, or the requirement of a deposit by credit card imprint depending on the price of the Reservation. The service provider chosen by Le Trèfle to secure bank payments and the communication of bank data, checks the validity of the Customer’s payment card. The payment card may be refused for several reasons: stolen card, blocked card, ceiling reached, input error, etc. In case of difficulty or impediment, the Customer should contact his bank to identify its origin and to proceed with his Reservation. In all cases, an invoice is issued in duplicate by Le Trèfle, one copy of which is given to the Customer upon departure (check-out) at the end of the stay. During the Customer’s stay, if the amount of the Customer’s invoice for Extras exceeds the value of 400 Euros, the Establishment may demand payment. In any case, any Extra or other Service that has been reserved and provided by the Hotel during the Client’s stay, except in the case of prior payment of this Service, must be paid by the Client at the latest at the time of Check-out. It is specified that payment by check is not accepted, whether for temporary lodging, and/or food services, extras, and/or any other services or sales of products provided by the Facility to the Client during his stay. In the case of a reservation for a seminar room, the Client declares that he accepts the terms of payment.
For our account customers (debtor), the company takes charge of the space rental as well as the catering for the organization of the event:
– Balance of the invoice upon receipt. (According to article 123, law N°2014-344 of 17/03/2014, the invoice must be paid within 60 days after the invoice date).
– After this period, penalties of 10% of the total net amount will be added to the invoice automatically every 15 days until payment.
For any claim relating to a Reservation made in the Establishment, the Client must send a letter or an e-mail. In the event of a technical problem and/or overbooking, preventing the Establishment from proceeding with the reservation made by the Customer, Le Trèfle undertakes to inform the Customer as soon as possible and to reimburse him/her immediately at the price of the reservation. The Customer may not claim any compensation, penalty or additional compensation from the establishment. The Client is informed of the possibility of resorting, in the event of a dispute relating to the present General Conditions, 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 having referred the matter to the Customer Service Department in an attempt to resolve the dispute amicably, and in the absence of a satisfactory response or of a response within sixty (60) days from the date of referral, the Customer may thus refer the matter to the Tourism and Travel Mediator by e-mail via the referral form available on the website www.mtv.travel, or by post to the following address :
Association de Médiation Tourisme et Voyage (MTV), 17 avenue Carnot – 75017 PARIS
6.1 Non-completion of the Reservation
In all cases, Le Trèfle cannot be held responsible in the event of non-fulfillment of the Reservation and/or its failure to be recorded, and in particular due to the fact that the Customer has not correctly made his or her Reservation in accordance with the conditions set out in these GTC and according to what is displayed on the Customer’s fixed or mobile computer terminal during the online Reservation process.
6.2 Limitations of the Internet network
In addition, by booking on the Site, the Customer acknowledges and accepts the characteristics and limitations of the Internet network, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, the risks associated with the connection, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. Le Trèfle cannot be held responsible for malfunctions that may affect the Internet network and de facto the Site, or for any configuration problem or problem related to a given terminal or browser. Le Trèfle does not guarantee either that the Site will function without interruption, or that it will not contain any computer error. Similarly, hypertext links on the Site may lead to other websites, Le Trèfle disclaims any responsibility for the content of these sites and the services offered. Consequently, the responsibility of Le Trèfle cannot, under any circumstances, be incurred directly or indirectly in the event of routing problems or communication breakdowns, difficulties or impossibilities of connection or breakdown of the Site server. In particular, Le Trèfle cannot be held responsible for any damage, material or immaterial, direct or indirect, caused to Customers, their computer equipment and data stored there, and the consequences that may arise on their personal, professional or commercial activity. Similarly, although the Hotel offers, more particularly in the rooms reserved, a service of access to the Internet by Wifi, in the event of total or partial failure of this service for any reason whatsoever, during the stay in the Hotel, the Client shall have no right to cancel the Reservation, nor to any compensation whatsoever.
6.3 Force Majeure
Le Trèfle may not be held liable for the total or partial non-performance of its obligations under the Reservation in the event of a force majeure event within the meaning of case law and Article 1218 of the Civil Code, or more generally any act of a third party, act of the Customer or act of commercial partners, and in particular but not exclusively in the event of unavailability of the Internet network, impossibility of access to the Site, external intrusion, computer viruses or in the event of unauthorized pre-payment by the Customer’s bank. The performance of Le Trèfle’s obligations will then be suspended in the event of the occurrence of an event that would prevent their total or partial performance: Le Trèfle will notify the Customer as soon as possible.
Le Trèfle endeavours to ensure that the photographs, graphics and texts reproduced to represent the establishment give as accurate an idea as possible of the accommodation, catering and other additional services offered.