Terms & Conditions
PREAMBLE
The www.bourgogne-montana.com website, hereinafter referred to as "the site", is a hotel reservation tool.
It is published by Biografy Group, with capital of €28,841,835, headquartered at 32, avenue de l'Opéra - 75002 PARIS and registered with the Paris Trade and Companies Registry under number RCS 429 706 781. Intracommunity VAT FR 55 429 706 781. To contact us: contact@biografygroup.com or by telephone 01 53 09 30 30.
For the application of the present general terms and conditions of sale, it is agreed that the customers and L'HÔTEL BOURGOGNE & MONTANA will be collectively referred to as the "Parties" and individually referred to as the "Party" and that the user having validated a reservation or an order will then be referred to as the "customer".
These terms and conditions apply to all countries and currencies. Any reservation or order implies full acceptance of these terms and conditions.
HÔTEL BOURGOGNE & MONTANA reserves the right to modify these terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale applicable remain those in force on the date of the reservation or order.
ARTICLE 1: GLOSSARY
"Confirmation email": Electronic mail sent by L'HÔTEL BOURGOGNE & MONTANA as the final step in the reservation or order process. This summarizes the reservation validated by the customer and confirms its receipt by the www.bourgogne-montana.com website. The confirmation email constitutes a booking confirmation as defined below.
"Booking Confirmation": A dematerialized document summarizing the characteristics of the services booked once the booking process has been completed and validated by the customer. The booking confirmation is issued in particular after a booking has been made on the www.bourgogne-montana.com website, during which the customer's credit card number is entered as part of an online payment or guarantee, before proceeding with final validation.
"L'HÔTEL BOURGOGNE & MONTANA": Contract for the provision by L'HÔTEL BOURGOGNE & MONTANA of all the services defined below and which have actually been ordered by the Customer following the validation of his/her reservation online or by another reservation method.
"Customer": A natural person of legal age who has full legal capacity at the time of signing the establishment's contract.
"Reservation request": Request to reserve rooms or tables at the restaurant, made by the customer via mobile communication services or the internet.
"Mobile services": All services and protocols enabling cell phones to be connected to the Internet, and in particular enabling consultation and booking of services provided by L'HÔTEL BOURGOGNE & MONTANA.
"Online reservation": Reservation of rooms, restaurant tables and any additional accessories or services offered by L'HÔTEL BOURGOGNE & MONTANA on its website www.bourgogne-montana.com.
"Reservation by telephone or e-mail": Reservation of rooms or additional services offered by L'HÔTEL BOURGOGNE & MONTANA by telephone call or by sending an e-mail by the Customer, complying with the reservation registration process as described in these general terms and conditions of sale.
"establishment": Refers to the L'HÔTEL BOURGOGNE & MONTANA establishment with rooms or any other ancillary services offered on the www.bourgogne-montana.com site.
"Services": Services marketed by L'HÔTEL BOURGOGNE & MONTANA consisting, within the framework of a contract with the establishment, of the provision of rooms, the essential characteristics of which are presented on the www.bourgogne-montana.com website, or without the provision of meals and/or breakfasts and other complementary services linked to temporary accommodation, in particular artistic entertainment. In accordance with the provisions of article L. 111-1 of the French Consumer Code, these services are listed on the www.bourgogne-montana.com website.
"Extras": Services marketed by L'HÔTEL BOURGOGNE & MONTANA consisting, within the framework of a contract between the establishment and customers, of services that are different from and complementary to those offered in the provision of rooms, the essential characteristics of which are presented on the www.bourgogne-montana.com website.
"Website": electronic service operated by L'HÔTEL BOURGOGNE & MONTANA on the Internet and accessible via the following URL: www.bourgogne-montana.com.
"WAP": communication protocol designed to enable access to the Internet using a mobile terminal.
ARTICLE 2: SCOPE OF APPLICATION
2.1 SCOPE
These general terms and conditions apply, without restriction or reservation, to all services offered on the www.bourgogne-montana.com website by L'HÔTEL BOURGOGNE & MONTANA, which operates the aforementioned site, in particular for the purpose of reserving rooms and other services complementary to temporary accommodation in the establishment.
2.1.2. These General Terms and Conditions apply to all subscription operations for the services defined above carried out by the Customer.
2.2 TERRITORY
The services listed on this Internet site are offered to be provided to the Customer by L'HÔTEL BOURGOGNE & MONTANA in one of its establishments to the exclusion of any other location following an effective reservation by the Customer.
2.3 DURATION
2.3.1. The present general terms and conditions apply for as long as the services provided by L'HÔTEL BOURGOGNE & MONTANA are online on its www.bourgogne-montana.com website.
2.3.2. HÔTEL BOURGOGNE & MONTANA reserves the right, without prior notice or compensation, to temporarily or permanently close the www.bourgogne-montana.com website or the online reservation space.
2.3.3. HÔTEL BOURGOGNE & MONTANA is not responsible for damages of any kind that may result from the temporary unavailability or permanent closure of all or part of the site or the services associated with it, such as the online reservation space.
2.4 LEGAL STATUS
2.4.1. These general terms and conditions are subject to the provisions of articles L. 121-16 et seq. of the French Consumer Code.
2.4.2. All reservations for the consumption of the services defined above, made on the www.bourgogne-montana.com website, are subject to the present general and special terms and conditions of rates for each of the said L'HÔTEL BOURGOGNE & MONTANA services set out below.
2.5. PURPOSE
2.5.1. The present general conditions define the rights and obligations of the parties in the context of the remote booking of services offered by L'HÔTEL BOURGOGNE & MONTANA on its website www.bourgogne-montana.com.
2.5.2 They govern all the steps involved in booking and monitoring the booking between the contracting parties, as well as its maintenance and validity.
ARTICLE 3: CAPACITY AND ACCEPTANCE OF THE CUSTOMER
3.1 The customer has no legal right of withdrawal when purchasing a holiday online. Article L. 221-21- 8 12° of the French Consumer Code stipulates that the right of withdrawal cannot be exercised, inter alia, for contracts for the provision of accommodation services.
If you wish to cancel your reservation, please check the terms and conditions of your booking.
3.2. All customers acknowledge that they have the capacity to contract under the conditions described in the general terms and conditions below, i.e. that they are of legal age and not under guardianship or curatorship. However, the Management of the establishment reserves the right to request proof of identity from the Customer on arrival at the establishment, including, in particular, an indication of the Customer's date of birth.
3.3. The Customer acknowledges that these terms and conditions are an integral part of the establishment's contract.
3.4. The Customer accepts that the General Terms and Conditions, the contractual documents informing him/her of the specific services and rates for each of the services, as well as the order forms and the procedures for doing so, are presented to him/her online on the www.bourgogne-montana.com website for the purposes of concluding the Establishment Contract.
3.5. The Customer declares that he/she has obtained from HOTEL BOURGOGNE &MONTANA all necessary information on the www.bourgogne-montana.com website.
3.6. The Customer acknowledges having read and accepted these terms and conditions, as well as all the terms of the proposal, before placing the order and accepting them in full.
3.7. Any validation of an online reservation on the www.bourgogne-montana.com website by the customer implies prior consultation and acceptance of the present terms and conditions.
3.8. The Customer's agreement to the present terms and conditions is obtained during the booking process, prior to validation of the reservation.
3.9. The Customer, prior to ordering the services, declares that the reservation of these services is made for his/her personal needs.
3.10. The customer may save and edit these general terms and conditions from the www.bourgogne-montana.com website using the standard functions of his browser and/or computer, in particular under the "General terms and conditions" tab.
3.11. The Customer expressly accepts that the entry of the required banking information, the acceptance of the present terms and conditions and the validation of the voucher or reservation request constitute an electronic signature within the meaning of article 1316-4 of the French Civil Code, which has the same value between the parties as a handwritten signature.
3.12. The Customer, upon presentation of his identity document as stated in article 3.1 above, undertakes to complete the individual police form in the countries concerned by this article, in accordance with the provisions of article R. 611-42 of the Code de l'Entrée et du Séjour des Etrangers.
ARTICLE 4: SITE CONTENT
4.1. The site contains the following information:
Identification of the L'HÔTEL BOURGOGNE & MONTANA company, indicating its name, address and e-mail address. The essential characteristics of the accommodation offered (the information sheets for each category of rooms offered can be consulted outside the reservation process under the heading "ROOMS" for each of the establishments concerned, during the reservation process under the room availability calendar and during the choice of room according to the dates chosen by the Customer for his reservation, which may be illustrated with a photographic image of a room at the same rate. It should be noted, however, that PHOTOS ARE NOT CONTRACTUAL insofar as interior presentation or decoration elements and room sizes vary within the same establishment or from one establishment to another). Prices for each of the accommodation and complementary services. Terms of payment. General terms and conditions of sale. Period of validity of offer and price. The minimum duration of the proposed contract, if applicable. No right of withdrawal and, if applicable, cancellation terms.
4.2. All information on the www.bourgogne-montana.com website is presented in French and English.
ARTICLE 5: RESERVATION
5.1. ONLINE RESERVATION
5.1.1. The Customer chooses the services presented on the www.bourgogne-montana.com website, which offers the possibility of reserving a room or a table, according to transparent contractual rates with or without options or Extras left to the Customer's free choice.
5.1.2. The Customer acknowledges that he/she has taken cognizance of the nature, purpose and booking terms and conditions of the services available on the www.bourgogne-montana.com website, and that he/she has requested and obtained the necessary and/or additional information to make his/her booking with full knowledge of the facts.
5.1.3. The Customer is solely responsible for the choice of services and their suitability for his/her needs, such that L'HÔTEL BOURGOGNE & MONTANA cannot be held liable in this respect.
5.1.4. The reservation is deemed accepted by the customer at the end of the reservation process by clicking on the "CONFIRM RESERVATION" field.
5.2. ONLINE BOOKING PROCESS
5.2.1. The reservation is confirmed upon receipt by the customer of the reservation confirmation sent by L'HÔTEL BOURGOGNE & MONTANA, or upon online payment by credit card under the conditions referred to in article 5.2.4. A confirmation screen will then appear online.
5.2.2. Prior to any reservation, the Customer undertakes to complete the information requested.
5.2.3. The customer attests to the truthfulness and accuracy of the information provided.
5.2.4. The reservation procedure includes the following steps, it being specified that it is always possible for the Customer to reverse the reservation process:
Choice of location: the customer selects the establishment by clicking on the city of stay. Choice of start date (arrival) and end date (departure) If the arrival and departure dates are not entered, a calendar is displayed showing the days available or fully booked for the previously selected establishment. For each available day, the calendar shows the best available rate under the date. This shows the best available rate per night and per customer. By clicking on the dates, customers can select their day of arrival and departure and access the following steps. Choice of number of rooms booked : The customer clicks on the number of rooms selected for the dates of his stay. If several rooms are booked, the booking process continues room by room. Selecting the number of adults per room: The customer clicks to select the number of adults per room. Choice of number of children per room: The customer clicks on the number of children per room. Choice of rooms and associated rates: The customer clicks to choose between the different rooms and rates available, based on the information entered in the previous steps, including their essential characteristics, such as the category of the room on the date previously chosen, its price, its level of equipment, any Extras included for special offers, cancellation conditions and payment conditions. Please note that any photos or perspectives included on the site are non-contractual. Choice of Extras: the customer can add, by a simple click and according to their availability, one or more extras proposed according to the information entered during the previous steps. These extras display prices, quantities and special features. By clicking on "add" or "add an element", the customer completes the selection and entry of the elements that are the subject of the online reservation, without prejudice to the possibility of modifying the elements of the reservation by going back to the previous reservation process. Booking summary: the booking summary is displayed on the left-hand side of the screen.
Finalizing the reservation: by clicking on the "Confirm my booking" button, the customer validates the recapitulated and displayed elements making up his/her booking, and brings up the fields required for the customer to enter his/her identity, contact details, including postal address, e-mail address and telephone number, and the type of stay, as well as the method of payment and details of the credit card used for online payment, and to provide a guarantee by credit card details depending on the rate chosen; acceptance of the present general terms and conditions; final validation of the reservation by the customer by clicking on the "Confirm reservation" field at the bottom of the page. Before confirming his/her reservation, the Customer may write a request for clarification or a special request in a field dedicated to this purpose, "special requests", which is not contractually guaranteed by L'HÔTEL BOURGOGNE & MONTANA unless there is a written response to the registration of the request with the possibility of providing the requested service including the indication of its rate, if applicable, for acceptance by the Customer. By clicking on "Confirm reservation", the customer pays, or gives a guarantee by credit card, according to the rate reserved. Last step: registration by L'HÔTEL BOURGOGNE & MONTANA of the reservation made by the customer and allocation of a corresponding reservation confirmation number.
5.3. ONLINE CONTRACT FORMATION
5.3.1. In accordance with articles 3.10 and 5.2.4, the establishment Contract is formed at the time of the Customer's reservation confirmation by L'HÔTEL BOURGOGNE & MONTANA including the allocation of the relevant reference number as stated in the previous article.
5.3.2. The establishment's contract can only be formed once the Customer has chosen the content of his/her reservation, which has been completely recapitulated in the last stage of the reservation process, has accepted the present general conditions and finally has validated his/her reservation by clicking on the "Confirm reservation" button. Failing this, the reservation is considered interrupted and cannot produce any effect.
5.3.3. In all cases of online booking, a summary e-mail is sent to the Customer at the e-mail address indicated in the field reserved for this purpose. This e-mail constitutes an acknowledgement of receipt of the reservation and confirmation of the reservation, summarizing the terms of the contract, the services reserved, the prices, the price conditions relating to the selected rate, information relating to after-sales service and commercial guarantees if any, the procedures for exercising any right of withdrawal or cancellation, and the address of L'HÔTEL BOURGOGNE & MONTANA to which the customer may submit any complaints.
5.4. OTHER RESERVATION METHODS (EXCLUDING ONLINE)
5.4.1. Booking by telephone
5.4.1.1. Reservations by telephone, as defined below, are made on the numbers listed.
5.4.1.2. When the Customer requests a reservation by telephone, the ARTUS HOTEL proposes the available rates and related additional services according to the Customer's request for the dates requested. L'HÔTEL BOURGOGNE & MONTANA also requests a telephone number and e-mail address to which L'HÔTEL BOURGOGNE & MONTANA will send the present general terms and conditions of sale, as well as a summary of the reservation request, and, if applicable, the request for bank details for the purposes of booking, with or without payment during the booking process of the price, a deposit or a guarantee by credit card details according to the applicable rate determined by the Customer at the time of his booking request.
5.4.1.3. All the information and conditions required by L'HÔTEL BOURGOGNE & MONTANA in response to the Customer's reservation request by telephone constitute substantial formalities for the registration of the Customer's reservation made by telephone. Failing this, the reservation cannot be validated or confirmed.
5.4.1.4. By returning the information required by L'HÔTEL BOURGOGNE & MONTANA by e-mail at the very least, the Customer may not complain about the failure to register his reservation, the establishment's contract not being formed due to his failure to provide this information and conditions. Only the written confirmation of the reservation will be considered as the conclusion of the contract.
5.4.3. Reservation by e-mail
5.4.3.1. Reservations by e-mail, as defined below, must be made to the e-mail address indicated on the site pages, i.e. info@bourgogne-montana.com.
5.4.3.2. When a reservation request is made by e-mail, L'HÔTEL BOURGOGNE & MONTANA proposes, by return e-mail to the address from which the reservation request is made, the available rates and related complementary services, according to the Customer's request for the dates requested. By the same return e-mail, HÔTEL BOURGOGNE & MONTANA will send the Customer the present general terms and conditions of sale at his request, as well as a summary of his reservation request, and, where applicable, a request for bank details for the purposes of registering his reservation, with or without payment during the reservation process of the price, a deposit or a guarantee deposit by bank card details according to the applicable rate determined by the Customer at the time of his reservation request.
5.4.3.3. All the information and conditions required by L'HÔTEL BOURGOGNE & MONTANA in response to the Customer's reservation request by e-mail constitute substantial formalities for the registration of the Customer's reservation made by e-mail. Should the Customer, having formulated a reservation request by e-mail, fail to comply with the requirements expected by L'HÔTEL BOURGOGNE & MONTANA's present general terms and conditions of sale, the Customer may not complain about the failure to register his reservation. Only written confirmation of the reservation is valid.
5.5 Right of Withdrawal / Cancellation by the Customer :
5.5.1. For Accommodation services (reservation of rooms within an establishment or other types of accommodation), the Customer is reminded that he does not have the right of withdrawal provided for in article L. 221-18 of the French Consumer Code, and this in accordance with article L. 221-28 paragraph 12 of the French Consumer Code, which excludes this right for contracts relating to the provision of accommodation services which must be provided on a specific date or at a specific time.
5.5.2. Without prejudice to the provisions of article 5.5.1, the contractual conditions may, where applicable, provide for a right of cancellation, depending on the content of the reservation validated by the Customer, and as indicated for each fare, when the reservation is made under the heading "Flexible rate / Tarifs flexibles". In this case, the customer has been informed of the relevant cancellation conditions. These conditions are also indicated during the various stages leading up to payment.
5.5.3. If the specific conditions of the rate allow it, either for bookings made under the heading "Flexible rate" or under another heading expressly mentioning the benefit of this right of cancellation, the right of cancellation by the Customer must be exercised before 3pm, two days before arrival - Paris time (France). Late notification of cancellation will result in the application of late cancellation charges equal to the first night's accommodation, plus any extras included in the Customer's reservation, at the rate applicable to the reservation validated by the Customer, including all taxes.
5.5.4. The right of cancellation defined in article 5.5.2 may be exercised by the customer on the website www.bourgogne-montana.com under the page my account, after logging in with his/her confirmation number or email and password. The option tab then proposes cancellation of the reservation. By clicking on the OK button, the cancellation will take effect immediately and all packages associated with this booking will also be cancelled. An email confirming the cancellation will then be sent to the customer.
5.5.4.1 Depending on the offers selected by the Customer, cancellation by telephone is also possible. This must be accompanied by an email from the Customer and will be followed by a cancellation confirmation email from L'HÔTEL BOURGOGNE & MONTANA.
5.5.5. In the event of interruption of the stay, the full agreed price will be collected, with no right to reimbursement or to any credit or exchange for the Customer for the part of the stay not used in the establishment. In the case of reservations where payment is made at the time of booking, no refund will be granted.
5.5.6. Unless otherwise expressly stipulated, in particular if extras have been purchased for this purpose, the customer must leave the room before 12.00 p.m. on the day of the end of his/her stay. Failing this, and subject to availability, a late check-out will be offered. This will be billed at 50% of the room rate on the day of the late check-out. This rate will end at 6pm French time. After this time, an additional night will be charged. Overnight rates will vary according to the room occupied and the day monopolized. If a room is not available, L'HÔTEL BOURGOGNE & MONTANA reserves the right to access the unoccupied room in order to prepare it for new arrivals.
5.5.7. Without prejudice to the application of the right of cancellation under the conditions of article 5.5 for "Flexible rates", any no-show or no-show (reservation not cancelled in the event of a right of cancellation and customer not present) without prior notice from the establishment to take possession of the room booked by the Customer, shall constitute release of the reservation in its entirety, implying re-availability of the night(s) booked, and shall automatically entail payment of the first night's charges relating to the stay booked, including all extras booked, all taxes included, without any right of reimbursement to the Customer.
5.5.8. The conditions set out in article 6 apply to all reservation methods: internet, email, telephone or social networks.
ARTICLE 6: RATES & PRICES
6.1. Prices relating to the reservation of services are indicated before and during the reservation process. Prices are valid in real time and are displayed in accordance with article 5.2.4. Similarly, for other booking methods by telephone or e-mail, prices are valid at the time of the Customer's booking request. They can also be accessed under the heading "View of rates available on the calendar". In any event, the specific pricing conditions relating to each rate/room type or additional service are shown opposite each of the services booked by the Customer.
6.2. The prices indicated are per room and per adult, it being specified that the chosen rate implies, by default and unless a particular "extra" is subscribed for this purpose, a check-in by the Customer at 3 pm and a check-out at 12 pm. At check-in, a credit card imprint and proof of identity are required. L'HÔTEL BOURGOGNE & MONTANA reserves the right to charge the credit card used for check-in in the event of a no-show.
6.3. Prices are subject to value-added tax (V.A.T.) and are displayed in amounts inclusive of V.A.T. at the rate in force at the time of booking confirmation, in Euros or in the currency selected by the customer. Prices shown are valid only for the period indicated on the website.
6.4. If payment is made in a currency other than the currency of the customer's country of residence, exchange charges will be borne by the customer.
6.5. All bookings are payable in Euros as specified during the booking process.
6.6. Unless otherwise stated, any additional services or extras selected are not included in the price. However, the price of these additional services validated in the customer's reservation is payable during the online or offline reservation process, if the rate is different from the "Flexible rate". These rates are also subject to VAT at the rate in force at the time of booking, where applicable, depending on the regulations applicable to these categories of products or services at a rate other than that applicable to room bookings.
6.7. Visitor's tax: the amount of the visitor's tax is provided per day and per person, as an indication, and is subject to change. This tax, collected for the benefit of the municipality of Paris, must be paid on site during your stay.
6.8. Prices include VAT applicable on the date of the order, and any change in the VAT rate will automatically be reflected in the prices indicated, particularly in the event of a change in the rate applicable on the day of consumption of the stay and the Extras subscribed to, compared with the rates applicable at the time the reservation was made.
6.9. If a rate implies that payment is made at the establishment at the time of arrival or departure of your stay, and 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 may be different from that communicated at the time of booking, taking into account possible changes in exchange rates between the date of booking and the dates of stay at the establishment.
6.10. Any item stolen from the room during your stay will be charged at the current rate. Rates available at the reception desk of each establishment.
6.11. In the event of damage to the room, common areas or miscellaneous objects, L'HÔTEL BOURGOGNE & MONTANA reserves the right to charge the customer for the damage caused.
ARTICLE 7: PAYMENT
7.1. The Customer provides his bank details as a guarantee for the reservation, except in the case of special conditions or rates requiring online payment as stipulated during the reservation process, and in particular those offered under the heading "internet, best rate available".
Payment transactions are secured by SSL encryption. You will be asked to provide the following information in order to finalize your reservation: card number, validity date and visual cryptogram for online payment via the dedicated payment platform. The same applies to the communication of bank details required for bookings made by telephone or e-mail, in accordance with the conditions of form required, which imply either payment at the time of booking, or the requirement of a deposit by credit card imprint, depending on the price of the booking.
7.2. Payment is debited at the establishment during the stay, except in the case of special conditions or rates where payment is debited at the time of booking when certain rates require payment during the booking process in accordance with the relevant special contractual conditions previously accepted by the Customer.
7.3. The service provider chosen by L'HÔTEL BOURGOGNE & MONTANA to secure online payments by credit card, checks the validity of the customer's payment card. The payment card may be refused for a number of reasons: stolen card, blocked card, credit limit reached, input error, etc. In the event of difficulty or impediment, the customer should contact his bank to identify the cause, and the hotel to confirm his reservation and method of payment.
7.4. If the customer books several rooms, but payment online and in any case during the booking process is only required for one room, for example, in this case the payment card used on the payment platform is used to pay for the room concerned by the online payment and in any case during the booking process, and also serves as a guarantee for the other rooms.
7.5. At the time of online payment, and in any case when it is required during the booking process, the amount debited at the time of booking includes: the price of the accommodation, taxes related to the accommodation, the price of additional services or "extras".
7.6. In the case of a fare subject to online payment, the debit is made at the time of completion of the reservation by the Customer following a computerized online debit process.
7.7. Following a stay in one of L'HÔTEL BOURGOGNE & MONTANA's establishments and irrespective of the way in which the reservation was made, an invoice is drawn up in duplicate by L'HÔTEL BOURGOGNE & MONTANA, one copy of which is given to or sent by email to the Customer upon departure from the establishment.
7.8. During the Customer's stay, if payment has not already been made online or during the reservation process, and if the Customer's invoice exceeds 400 Euros, the Management may demand payment for the services provided for the said stay, in accordance with the terms of the present article 7.
7.9. Payment by cheque is not accepted, whether for temporary accommodation and/or catering services and/or any other services or sales of products provided by L'HÔTEL BOURGOGNE & MONTANA to the Customer during his stay in the establishment.
7.10 In any event, any "Extras" or other services booked and delivered by L'HÔTEL BOURGOGNE & MONTANA during the Customer's stay and not paid for in advance at the time of booking must be paid for by the Customer at the latest at the time of Check-out.
ARTICLE 8: COMPLAINTS
8.1. For any claim, the Customer is invited to send a letter or an e-mail to :
L'HÔTEL BOURGOGNE & MONTANA 3 rue de Bourgogne 75007 Paris France Email: info@bourgogne-montana.com
8.1. HÔTEL BOURGOGNE & MONTANA is bound by the guarantee of conformity of the services, under the conditions set out in articles L. 111-2. of the French Consumer Code, without prejudice to any additional contractual guarantee that may be specifically agreed between the parties, outside the present general conditions, following a written contract duly signed by the parties.
8.2. HÔTEL BOURGOGNE & MONTANA makes every effort to ensure that the photographs, graphic representations and texts provided give as accurate an idea as possible of the accommodation, catering and other complementary services offered. However, the Photographs are not contractually binding, since, on the one hand, the various rooms, even when they are all at the same price, all have different dimensions, and, on the other hand, variations may occur, notably due to changes in furniture, new decoration or possible renovations. Subject to availability, with the exception of a reservation made with an express request for the allocation of a particular room, and confirmed in writing by L'HÔTEL BOURGOGNE & MONTANA, the customer may not claim any compensation in this respect, as long as these variations do not affect the essential characteristics of the service.
8.3. HÔTEL BOURGOGNE & MONTANA may not be held responsible for the non-execution or improper execution of the reservation in the event of force majeure, the act of a third party, the act of the customer or the act of its partners, such as the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or, in the case of online payment, the refusal of the cardholder's bank to authorize the transaction.
8.4. Although L'HÔTEL BOURGOGNE & MONTANA offers a wifi internet access service in the establishment, in the event of a total or partial malfunction of this service for any reason whatsoever during the stay in the establishment, which is not attributable to the establishment, the Customer shall have no right to cancel the reservation, nor to a refund of the reservation, nor to any compensation whatsoever.
8.5. HÔTEL BOURGOGNE & MONTANA shall not be held liable for any indirect and/or immaterial damage, in particular, loss of profit, operating loss, third-party action, action by the customer or action by its partners.
8.6. Hypertext links on the www.bourgogne-montana.com website may lead to sites other than the ARTUS HOTEL site, which accepts no responsibility for the content of these sites or the services offered.
8.7. The hotel declines all responsibility in the event of loss or theft of objects or cash in the common areas or in the room, if these have not been placed in the safe.
8.8 HÔTEL BOURGOGNE & MONTANA may not be held liable for damage caused by animals present in the establishment, which remain the responsibility of their owner or keeper in accordance with the provisions of article 1385 of the French Civil Code. HÔTEL BOURGOGNE & MONTANA reserves the right to charge the owner or keeper for any damage caused.
ARTICLE 9: MEDIATOR
In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes, when the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the consumer mediator.
The complaint must be referred to the mediator within one year of the initial complaint.
The CM2C mediator can be contacted directly online at the following address:
https://www.cm2c.net/
Or by post:
CM2C 49 rue de Ponthieu 75008 Paris
ARTICLE 10: ONLINE DISPUTE RESOLUTION PLATFORM
In accordance with Article 14 of Regulation (EU) No. 524/2013, we inform the Customer that he also benefits from the possibility of filing a complaint on the online dispute resolution platform set up by the European Commission (RLL platform). The RLL platform can be accessed by clicking on the following link: https://ec.europa.eu/consumers/odr.
ARTICLE 11: INFORMATION TECHNOLOGY, PRIVACY AND RIGHT TO PERSONAL PORTRAYAL
11.1. The information requested from the Customer during the secure reservation process is mandatory if marked with an asterisk for Biografy Group, acting as the data controller, its service providers (payment, online reservation) acting on behalf of ARTUS HOTEL.
They are used to process orders, manage customer files and manage the newsletter.
With regard to the newsletter, the Customer may accept to receive by e-mail or sms, special offers and information on any new service created by L'HÔTEL BOURGOGNE & MONTANA. Customers are informed that they may unsubscribe at any time by clicking on the appropriate link in the e-mail or text message.
The information communicated to L'HÔTEL BOURGOGNE & MONTANA is kept for a period of time in accordance with the legal provisions in force.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, all customers have the right to access, rectify, oppose or delete any information concerning them by contacting info@bourgogne-montana.com.
11.2 By accepting these General Terms and Conditions of Sale, the Customer acknowledges and accepts that ARTUS HOTEL may need to collect his/her telephone details in order to provide the Services.
In accordance with Article L. 223-2 of the French Consumer Code, and Law No. 2014-344 of March 17, 2014 relating to consumption, the Customer has the option of registering free of charge on the BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone. The Customer can register free of charge on this list on the BLOCTEL website.
11.3. The reservation of overnight stays and/or Extras in the establishment concerned and their consumption by Customers and/or their companions, or even mere presence in the establishment, in no way authorizes any audiovisual recording, filming or photography operation whatsoever in the premises and outbuildings of the establishment, including the rooms, with a view to their commercial, promotional, advertising, press or public relations use, illustration of an Internet site, etc., and more generally any use that is collective or likely to involve a public. The interior architecture and graphic creations adorning the common areas and rooms of the establishment are protected by copyright, the rights of which are fully reserved. Any audiovisual recording, filming, reproduction or representation of images involving the premises and outbuildings of the establishment concerned, other than for strictly private use, is subject to the prior authorization of ARTUS HOTEL, under penalty of infringement punishable, in particular, by the civil and criminal provisions of the French Intellectual Property Code.
ARTICLE 12: MISCELLANEOUS
12.1. These terms and conditions are governed by French law.
12.2. In the event that any provision of these terms and conditions is declared null and void or ineffective in any way and for any reason whatsoever, it shall be deemed unwritten and shall not invalidate the other provisions.
In the absence of amicable agreement, all disputes arising between the parties in connection with the interpretation and/or performance of these terms and conditions shall be submitted to the exclusive jurisdiction of the competent court within the jurisdiction of the Paris Court of Appeal, with the exception of disputes involving non-traders, for which the legal rules governing the attribution of jurisdiction shall apply.
12.3. Please note that all rooms are non-smoking. If you light a cigarette inside L'HÔTEL BOURGOGNE & MONTANA, we will be obliged to charge a cleaning fee of 80 euros to your credit card.
12.4. There are many decorative items in our rooms. If you like them as much as we do, you can buy them. If you happen to leave with one or more items, L'HÔTEL BOURGOGNE & MONTANA will charge your credit card directly. Our rates are available at reception.
12.5. The restaurant and rooms are accessible to people with reduced mobility. Please let us know your requirements when booking.