GENERAL CONDITIONS OF SALE – HELIOS OPERA
Preliminary Article: Definition of the terms of the contract
The following terms shall have the following meanings :
"Client" or "Customer": means a natural person of legal age who has full legal capacity at the time of signing the booking contract, or a legal person duly represented by a natural person with the capacity and legal authority to represent it.
"Hotel": means the Hotel HELIOS OPERA.
"Company": means the company indicated in the preamble which operates the Hotel.
"Website": electronic service operated by the Company SOCIETE DE L’HOTEL HELIOS on the Internet and accessible at the address indicated in the preamble to the present document.
"Reservation Platform": electronic service connected to the Website and allowing you to make an online reservation for the Hotel HELIOS OPERA.
I. Preamble
1. The Company SOCIETE DE L’HOTEL HELIOS, SAS (Société par Actions Simplifiées), registered under the SIREN number 353 114 556, registered at the RCS of Paris and located at 75, rue de la Victoire – 75009 PARIS, operates the following reservation site:
https://www.opera-hotel-paris.fr/
This website presents the Hotel HELIOS OPERA and allows you to book rooms and hotel services for it.
These GENERAL TERMS AND CONDITIONS OF SALE thus apply to the above-mentioned Website.
2. The Customer acknowledges that he/she has been provided with all the information required to make his/her choice and proceed with his/her reservation on this website:
It is agreed that :
- These General Terms and Conditions of Sale apply to all reservations made on the Hotel's website by an individual customer.
- These General Terms and Conditions of Sale are not intended to apply to professional customers who have ratified a specific contract.
3. All bookings made via the Website imply full and unreserved consultation and acceptance of these General Terms and Conditions of Sale as well as the terms and conditions of sale of the fare booked, as expressly mentioned in the description of the fare selected at the time of booking on the Booking Platform.
4. The Customer's acceptance of these general terms and conditions and of the fare sales conditions is definitive once they have ticked the box when booking on the site; no booking is possible without this agreement.
5. The Customer acknowledges that he/she fully understands these general terms and conditions, written in French/English, and that he/she has full legal capacity to enter into commitments under these general terms and conditions.
6. The Website and the Booking Platform contain the following information:
- Precise identification of the Hotel ;
- The essential characteristics of the accommodation offered by the Hotel
- The additional and optional services on offer,
- Photographs provided for information purposes only,
- Prices include all taxes, but exclude tourist tax,
- The amount of tourist tax as applied by the administrative authorities is subject to change
- The conditions of sale for the reserved fare,
- Terms and conditions of payment,
- These General Terms and Conditions of Sale,
- The period of validity of the offer and its price.
7. The Customer declares that this reservation is made for his/her strictly personal needs. In view of his status as a consumer, he has specific rights, which would be called into question in the event that the services booked were not for personal use.
8. All the information accessible on the Website and these General Terms and Conditions of Sale are presented in French and English.
II. Subject :
1. These General Terms and Conditions of Sale define the rights and obligations of the parties in connection with reservations made on the Hotel's Website and via the Reservation Platform.
2. The Customer acknowledges having read these General Terms and Conditions of Sale and the terms and conditions of sale of the reserved fare, which are accessible and available at all times on the Website and the Booking Platform respectively. They accept them unreservedly.
III. Duration :
1. These General Terms and Conditions of Sale shall apply for as long as the Hotel's services remain online.
2. The Company reserves the right, without prior notice or compensation, to make changes to these General Terms and Conditions of Sale, or to temporarily or permanently close the website or the online booking area. To this end, we invite you to consult them regularly.
These General Terms and Conditions of Sale are valid on the date of the Customer's reservation. If a later version appears after the Customer has booked, these conditions will not apply to the Customer's booking.
3. The Company is not liable for any damage of any kind that may result from these modifications and/or from the temporary unavailability or permanent closure of all or part of the site or the services associated with it, such as the online booking area.
IV. Bookings :
1. The Customer acknowledges that he/she has made the reservation with full knowledge of the facts and that he/she has obtained all the information necessary for this purpose. The reservation of a room is reserved for individuals who have reached the age of majority and are legally capable. By booking a room with the Hotel, the Customer expressly declares that he/she meets these conditions.
2. The Customer may book, on the Website, on a personal basis only, a maximum number of 4 rooms for the same date. Any reservation for a greater number of rooms will be subject to the conditions applicable by the Company to Group reservations, thus excluding the application of these General Terms and Conditions of Sale.
Where applicable, the Customer undertakes to contact the Hotel's sales department by e-mail or telephone in order to find out about the special conditions for group bookings and to complete such a booking.
3. The Client is solely responsible for its choice of services and their suitability for its needs, such that the Company cannot be held liable in this respect.
4. The reservation is deemed to have been accepted by the Customer at the end of the reservation process.
5. All bookings are by name only and may not be transferred to a third party under any circumstances, whether free of charge or in return for payment. Any reservation made for another party must be made in the name of the third party holding the holiday.
V. Booking process :
1. The Customer may book a room on the booking platform of the Website, which can be accessed from the Website by clicking on the "Book" button.
2. The Customer specifies the dates of their stay and the number of people who wish to stay. They can then choose the type of room and additional services according to their needs and select the rate offered for the date(s) selected.
3. The Customer can then confirm their choice by clicking on the "Book" button after having read the full description of the corresponding room(s) and the services included.
4. The Client is then invited to fill in a form with all his/her personal details and those of the people staying at the hotel. They must then enter their bank details in order to guarantee payment on arrival. The Client certifies that the information provided is true and accurate.
5. The Customer is then invited to confirm their booking after having read and accepted the General Terms and Conditions of Sale for the fare selected and the privacy policy of the Booking Platform.
6. The booking is confirmed. The Customer accesses a page containing a summary of their booking. A booking confirmation is sent by e-mail to the e-mail address given by the Customer on the form.
VI. Conditions of cancellation or modification :
1. If the Customer has booked a non-cancellable and non-refundable fare, they may not cancel their booking under any circumstances and may not claim any refund, even if they so request.
2. If the Customer has booked a flexible fare, they may cancel or modify their booking in accordance with the General Terms and Conditions of Sale of the fare selected at the time of booking.
3. Cancellation or modification of a booking may incur charges as indicated in the General Terms and Conditions of Sale of the fare selected at the time of booking.
4. In order to cancel or modify a reservation, the Customer must contact the Hotel, whose contact details can be found on the Web Site.
5. In the event of an exceptional event or if it is impossible to make the reserved room available to the Customer, for example in the event of force majeure, the Hotel may offer the Customer a room of a higher standard than that reserved or accommodation in a Hotel of at least an equivalent category.
VII. Hotel stay :
1. Upon arrival at the Hotel, the Customer may be asked to complete a police form. To do so, the Customer must present a valid form of identification in order to check whether or not the Hotel needs to complete the police form.
Important note: If the Customer fails to present valid identification upon arrival, the Hotel reserves the right to cancel the Customer's reservation outright. Under no circumstances shall the Hotel be obliged to pay the Customer any compensation.
2. The Customer accepts and undertakes to make reasonable use of the room and common areas of the Hotel made available to him/her. Any behaviour contrary to the principles of safety and/or hygiene, public decency and/or public order may lead the Hotel Owner to ask the Customer to leave the establishment immediately without any compensation and/or without any refund if payment has already been made.
3. Any damage caused by the Customer in the reserved room or in the common areas of the Hotel may be billed directly to the Customer in the amount of the damage found. Any object missing from the reserved room and duly noted by the Hotel will be billed directly for its value.
4. All rooms in the Hotel are non-smoking. Penalties equal to a maximum of the price of the first night booked may be applied if the Customer does not comply with the ban on smoking in his/her room.
5. The Customer may occupy the room from 2.00 pm on the first day of the reservation. They must leave the room by 12:00 on the last day of their reservation. Failure to do so will result in an additional night being charged. The Client may enter and leave the hotel 24 hours a day. They will then be asked to leave the room keys at reception.
6 The Customer may request access to his/her room before 2pm on the day of arrival or to keep his/her room after 12pm on the day of departure. This service must be booked on site with the hotel staff for an additional fee and subject to availability.
7. Specific sales conditions may apply for stays of more than 5 nights.
VIII. Guarantees :
The Hotel is bound by the guarantee of conformity of the services, under the conditions set out in Articles L. 212-1 et seq. of the French Consumer Code.
IX. Responsibility :
1. 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 the Hotel's offers on the Website are strictly prohibited.
2. The Company shall not be liable for any indirect damage resulting from the present contract, in particular caused by a third party, by the Customer or by the Hotel's partners.
3. Hypertext links may lead to sites other than the Hotel site, which accepts no responsibility for the content of these sites or the services offered. The Company has implemented measures to protect and secure its information system against malicious acts. However, connecting to the website and making a reservation implies that the Customer is aware of and accepts the characteristics and limits of the Internet. The lack of protection of certain data against possible misappropriation or piracy or the risk of contamination by any viruses circulating on the network. The Company declines all responsibility in the event of misuse or incident linked to the use of the computer or any support allowing access to the Internet, maintenance or malfunction of the website or any other technical connection and the sending of information to an incorrect address.
4. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the reservation at the Client's expense, without prejudice to any civil or criminal action against the Client.
5. When making a reservation and during their stay, the Customer undertakes to behave reasonably and not to cause any harm whatsoever to members of the Hotel team or to third parties (or even their pets) present in the Hotel. Any such behaviour may result in the Hotel evicting the Customer from the Hotel without the Customer being able to claim any right to compensation.
X. Price :
1. The prices for booking services are indicated before and at the time of booking.
2. Prices quoted are per room for the number of person(s) and date(s) at the time they are selected.
3. Prices are confirmed to the Client inclusive of all taxes and exclusive of tourist tax, in the hotel's commercial currency, and are valid only for the period indicated on the site.
4. The total amount of the reservation is payable on site upon the Client's arrival at the Hotel.
5. The customer's credit card will be requested at the time of booking in order to guarantee payment of the reservation.
6. The tourist tax indicated for each rate is payable directly to the hotel. It may vary.
7. Prices include the VAT applicable on the date of the order and any change in the VAT rate will be automatically reflected in the prices indicated on the date of invoicing.
8. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of invoicing.
9. When the Customer's reservation is confirmed, the total amount of the order will be indicated.
10. Any extras and/or compensation for damage or missing objects/furniture will be deducted directly from the bank account corresponding to the credit card details provided by the Customer at the time of booking.
In this respect, the Hotel hereby informs the Customer that his/her bank details will be kept from the time his/her reservation is confirmed. The Hotel reserves the right to use this information for as long as is necessary to fulfil the terms of these conditions of sale.
The Customer is informed in advance of the details and amount of the deductions that will be made from their account in the event of any damage noted at the end of their stay.
XI. Payment :
1. Except where special conditions or rates have been selected, the Customer must provide his/her bank details as a guarantee for the reservation, by credit or debit card (Visa, Mastercard, American Express), indicating the card number, date of validity and visual cryptogram directly in the area provided for this purpose (please note that the bank card used must be valid at the time of the stay). On the day of arrival at the Hotel, the Customer must present the bank card used to guarantee the reservation or to make the prepayment.
The HOTEL may also ask the customer to show a valid form of identification in order to prevent credit card fraud.
Important note: If the Client fails to present valid identification upon arrival, the Hotel reserves the right to cancel the reservation outright. Under no circumstances will the Hotel be obliged to pay the Client any compensation.
2. Payment must be made at the Hotel reception upon the Client's arrival. The only authorised methods of payment are those indicated on the Website at the time of booking.
3. At the time of payment, the amount debited at the time of booking includes: the price of the accommodation, taxes relating to the accommodation, the price of the restaurant, taxes relating to the restaurant and any additional services selected by the Client, excluding tourist tax and/or any other tax due as a result of the Client's stay in the hotel.
4. In the event that a company benefits from a post-stay invoice for its customers/employees, it is understood that the invoice is due on receipt. Payments must be made by bank transfer within three days.
Any delay in payment shall entail, ipso jure and without prior formal notice, late payment penalties, payable on the day following the settlement date, in an amount equal to one and a half times the legal interest rate. In accordance with articles L441-6 and D441-5 of the French Commercial Code, any delay in payment shall automatically entail, in addition to the late payment penalties, an obligation for the customer to pay a fixed indemnity of 40 euros for collection costs.
5. Payment of the full price of accommodation and additional services will automatically result in a bill (invoice) being issued to the customer in printed form at the hotel or by email. A reminder of this procedure is displayed in reception.
XII. Personal data :
1. The Customer is informed, on each of the personal data collection forms, of the compulsory or optional nature of the answers by the presence of an asterisk.
2. In the absence of information identified as compulsory, the Hotel may not be able to register a reservation and manage any complaints.
3. The Customer's personal data collected by the Hotel is processed within the meaning of the amended Act of 6 January 1978 on Data Processing, Data Files and Individual Liberties for the purpose of executing the Contract, managing reservations, payments, invoicing and sending information. The said processing is declared to the CNIL and the Customer's personal data is kept for the time required to carry out the service and monitor the commercial relationship and/or for the time required to enable the Company to comply with its legal and/or regulatory obligations.
4. The Customer's personal data collected must be communicated to third parties (in particular the manager of the reservation Platform and the company in charge of the secure payment site) so that the services can be provided. Some of these third parties may be located abroad. These third parties may only use this data for the same purposes. The third parties have undertaken to take all the necessary security measures to guarantee the confidentiality of the Customer's personal data.
5. The Hotel reserves the right to use the Customer's personal data for its own marketing purposes by sending the Customer information about its products and services, in particular by e-mail, unless the Customer expressly objects at the time the personal data is provided or at a later date by contacting the Hotel, whose contact details are shown on the Web Site.
6. The Customer has the right to access, modify, rectify, oppose and delete any personal data concerning him/her by contacting the Hotel, whose contact details appear on the Website.
7. The booking procedure and browsing on the Website may include cookies. Customers may deactivate these cookies at any time if they wish, using their browser settings.
8. The Customer may obtain all information on these subjects by consulting the Legal Notice, Cookies and Privacy Policy of the establishment.
XIII. Evidence agreement :
1. Entering the required bank details and accepting these general terms and conditions and the booking voucher or request constitutes acceptance of the hotel contract between the parties, which has the same value as a handwritten signature.
2. The computerised registers kept in the Company's computer systems will be kept in reasonable conditions of security and will be considered as proof of the communications, orders and payments that have taken place between the parties.
XIV. Force majeure :
The Company may not be held liable to the Client in the event of non-performance of its obligations resulting from an event of force majeure on French territory.
Similarly, the Client may not be held liable towards the Company in the event of non-performance of its obligations resulting from an event of force majeure.
Cases of force majeure or fortuitous events are those usually recognised by the jurisprudence of the French Courts and French positive law.
XV. Applicable law :
1. These General Terms and Conditions of Sale are governed by French law.
2. This applies to both substantive and formal rules.
XVI. Integral :
1. These General Terms and Conditions of Sale, the conditions of sale of the fare booked by the Customer, and the acceptance of the confirmation of the booking request express the entirety of the obligations of the parties.
2. No general or specific conditions communicated by the Customer may be incorporated into these General Terms and Conditions.
3. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking request (including the special conditions of the fare booked) that has been validated by the Customer and these General Conditions.
XVII. Changes to the General Terms and Conditions of Sale
These General Terms and Conditions of Sale may be amended and/or supplemented by the Company at any time. In this case, the new version of the General Terms and Conditions of Sale will be posted online. As soon as it is online, the new version of the General Terms and Conditions of Sale will apply to all new bookings on the Website.
XVIII. Antispam list :
To appear on the Bloctel telephone marketing opposition list free of charge, you can register on the https://www.bloctel.gouv.fr/ website.
You will then need to fill in a form indicating up to 10 fixed or mobile telephone numbers on which you no longer wish to be contacted.
XIX. Consumer mediation :
In the event of a dispute, after contacting the hotel's customer service department and failing a satisfactory response within 60 days, you may have recourse to a consumer mediator under the conditions set out in Title 1 of Book VI (Article L. 111-1 6° of the French Consumer Code) by writing to the following address: Médiation Tourisme & Voyages - BP80303 - 75823 Paris 17 or by e-mail via the website http://www.mtv.travel/je-saisis-le-mediateur/.
You can also visit the European platform for dispute resolution: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
XX. Right of retraction:
In accordance with article L. 221-5 of the French Consumer Code, the Customer is reminded that he/she does not have the right of withdrawal provided for in article L.221-28 of the French Consumer Code. The Customer is also reminded that the conditions of sale of the fare booked and accepted by him/her specify the terms and conditions for cancelling and/or modifying the booking.
Terms and conditions updated to 27/02/2024
