ARTICLE 1 – SCOPE OF APPLICATION

These General Terms & Conditions of Sale apply, without restriction or reservation to all purchases of hotel room booking services and related services (‘the Services’) offered by the Hotel (‘the Service Provider’ or the “Hotel”) to non-professional consumers and clients (‘Client or Clients’) on the Website of the Hotel.
The main features of the Services are presented on the Hotel Website.
The Client is obliged to take due notice of these prior to any booking. The Client is solely responsible for the selection and purchase of a Service.

The Client declares:

• to have full legal capacity to commit to these General Terms & Conditions of Sale.
• to book hotel rooms and related services for their own personal needs.
• to be able to save and print these General Terms & Conditions of Sale.

The Hotel contact details are as follows:

Hôtel Casarose
780 Avenue de la Mer
06210 Mandelieu-la-Napoule

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

The Client is informed that the Hotel concludes partnership agreements with third-party travel suppliers in order to enable the client, using the services offered by these partners on their websites, to select and book rooms in the hotel. All hotel room bookings completed under these conditions imply consultation and full and unreserved acceptance by the Client of the special conditions of the service provider, the terms and conditions of sale for the rate booked and these general terms and conditions of sale. The Client declares having obtained from the Hotel all information necessary and available on the Website.

These General Terms and Conditions of Sale are accessible at any time on the Hotel Website and shall take precedence, where applicable, over any other version or any other conflicting document.
In the absence of evidence to the contrary, the data recorded in the IT system of the service provider shall constitute proof of all transactions concluded with the Client. Thus, the inputting of bank details, acceptance of the General Terms and Conditions of Sale, Conditions of the Rate Booked or the Booking Request, between the Hotel and the Client are of the same value as a handwritten signature on paper. The computer records stored on the IT systems of the Hotel shall be stored in suitable security conditions and considered as proof of communication, order and payment between the Hotel and the Client.

The Hotel ensures the storage of written records that form the conclusion of the contract in electronic or paper format for a maximum period of 5 years.

The Client is informed that their IP address is recorded at the time of booking.
In accordance with the French Data Protection Act of 6 January 1978, the Client has the right to, at any time, access, correct, object to all processing of personal data by writing a letter and providing proof of their identity to: Hôtel Casarose 780 avenue de la Mer Mandelieu-la-Napoule.
These General Terms and Conditions of Sale also include the Privacy Policy.
The Client declares to have read and understood these General Terms and Conditions of Sale (including the Privacy Policy) and has accepted them by ticking the box provided for this purpose before initiating the on-line booking procedure as well as the General Terms and Conditions of Use of the Hotel’s website.
By validating the booking, the Client accepts without restriction or reservation these General Terms and Conditions of Sale (including the Privacy Policy).
The Client acknowledges having the required capacity to contract and purchase the Services offered on the Hotel’s website.

These General Terms and Conditions of Sale may be subject to change at a later date, the version applicable to the Client’s purchase shall be that in force on the website on the date of booking.

These General Terms and Conditions of Sale are applicable for the duration that the services proposed by the Hotel are on-line on the Hotel’s website. The Hotel reserves the right to close access to its Website temporarily or permanently.

ARTICLE 2 – BOOKINGS

The Client selects the services which they wish to book on the Website, according to the following methods:

• Selection of type of room and rate
• Selection of related services where applicable
• Verification and validation of the details of the booking, the total amount of the booking and the rate conditions
• Completion of contact details
• Input of bank card details in the case of deposit or prepayment
• Consultation and acceptance of general terms and conditions of sale and rate conditions selected prior to validation of the booking
• Validation of the booking

The Client acknowledges having read and understood the nature, purpose and methods of booking the Services offered by the Hotel and to have requested and obtained the necessary information to complete the booking in full knowledge. The Client alone is responsible for their selection of services and the suitability thereof to their needs, such that the Hotel cannot be held liable in this regard.

The Client undertakes to complete the information requested in the booking request and attests to the veracity and accuracy of the information provided.

Contractual information is presented in French and is subject to confirmation by the Client at the latest at the point of validating the booking.

For bookings completed exclusively on-line, the booking is recorded on the website of the Service Provider when the Client accepts these General Terms and Conditions of Sale by ticking the box provided to this effect and validates the booking. The Client has the opportunity to check the booking details, total price and correct any possible errors before confirming acceptance (article 1127-2 of the French Code Civil). This validation implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes a proof of contract of sale.

It is therefore the Client’s responsibility to check the accuracy of the booking and notify of any errors immediately.

The sale of Services shall only be considered conclusive once the Client has been sent a booking confirmation by the Service Provider, by email and after the Service Provider has received payment of the price in full.

Any booking made on the Website of the Hotel constitutes the conclusion of a distance contract between the Client and the Service Provider.

The Hotel reserves the right to cancel or refuse any booking made by a Client, with whom there is a dispute relating to the payment of a previous booking.

All bookings are specific to an individual and cannot under any circumstances be transferred to a third party.

Cancellation/Modification of a booking on the Flexible rate:

Clients that have made their booking on a fully reimbursable rate can cancel or change their booking without penalty on the hotelcasarose.fr (provided that the same rate condition for the original booking is applied to the modified booking).

Cancellation/Modification of a booking on the Non-Flexible rate:

Clients who have planned to stay in our hotel can, up to 4 weeks before their stay, change their booking for a later date without change fees (subject to availability and applicable rates and conditions) or request a credit voucher for the total amount of the original booking, to be used, in one or more instalments, in the same hotel within 18 months of the voucher issue date. If the hotel booked is closed on the date of the stay, you can cancel your booking and be reimbursed without charge.

➔ To modify the dates of your stay or cancel, please contact the hotel directly.

Note: refund requests of any kind and credit voucher requests can take up to 90 days from the cancellation date to be processed. The method and schedule for the refund requested may be subject to laws applicable in metropolitan France.

Terms and conditions relating to credit vouchers:

Any third-party booking channel is required to adhere to the cancellation policy provided for by Hotel Casarose and set out above. Clients that have booked via a travel agency, on-line booking platform or another third-party channel are invited to contact the booking entity in question to find out about options for changes, cancellation or a credit voucher which are applicable to their booking.

Termes et conditions relatifs aux bons d’achat :

• The credit voucher is only valid if payment has already been made
• The credit voucher is only valid if the booking has not already been cancelled.
• The credit voucher is only valid if no refund has already been made
• The credit voucher is not transferable.

ARTICLE 3 – RATES

The prices relating to the booking of Services are indicated before, during and after the booking process.

For Accommodation Services, the prices indicated are per room for the number of people and the date selected.

In the booking confirmation of a Service, the total price is indicated to the Client in euros including tax.
Unless otherwise specified on the www.hotelcasarose.fr website.

Unless otherwise specified on the hotelcasarose.fr, website, options (for example, breakfast, half board, full board, etc.) that are not offered at the time of booking the Service are not included in the price.

Tourist tax, displayed during the booking process for the Service, should be settled directly at Hotel Casarose, unless in the case of on-line prepayment before the stay, in which case this amount may be included.

The prices include VAT at the rate applicable on the day of booking and any change to the applicable VAT rate shall be automatically applied to the price indicated on the invoice date.

Any change to or introduction of new legal or regulatory taxes imposed by the competent authorities shall be automatically applied to the price indicated on the invoice date.

Finally, some promotional offers only available on the Website are sold exclusively on the internet and under no circumstances at the reception of the Establishment.

ARTICLE 4 – METHODS OF PAYMENT

General

The Client provides their payment details either to pay for the booking in advance of the stay or to secure the booking, indicating directly, in the area provided for this purpose (secure data entry with SSL encryption) in the case that it is a bank card, the card number, without spaces between the numbers, as well as the expiry date (the card must be valid at the time of the stay) and the security code in the case of prepayment on the payment platforms detailed hereafter.

CASAROSE has selected the booking system D-EDGE to secure on-line card payments. The Client’s payment card is subject to a validity check by this partner and can be refused for several reasons: stolen or blocked card, limit reached, input error, etc. In the event of any problems, the Client should contact their bank in the first instance and CASAROSE, to confirm the booking of the Service and payment method.

The methods of on-line payment (cards, wallet, etc.) available and mentioned on the payment page of the Website, can be Visa and Mastercard, American Express. This list is subject to change.

In the case of payment at Hotel CASAROSE, the establishment is able to accept different payment methods but the Client must present to the Hotel Casarose the card with which the client secured the booking or made the prepayment. Hotel Casarose can also request that the Client presents a form of identification in order to prevent card fraud.

An invoice will be sent electronically to the email address provided by the Client at the time of booking; if the Client wishes to receive a paper invoice, they will need to make a specific request for one at the reception of Hotel Casarose.

Prepayment

Prepayment refers to any payment made by the Client at the time of booking.

When a prepayment is made, the amount debited when booking the Service is the total amount indicated at the time of booking (including all applicable taxes, apart from tourist tax for non-classified Establishments) and, where appropriate, the price of options selected by the Client, as described in article 5.1 above.

Booking deposit by bank card

Booking deposits made by bank card involve data collection of Client payment details at the time of booking. The Client’s bank card is not debited and the payment for the stay will take place directly at the Hotel Casarose on the day of departure, unless the Client does not turn up at Hotel Casarose and has not already cancelled their booking in advance according to the cancellation conditions for the rate booked.

Pre-authorisation

If the Client has not prepaid on line for their stay, CASAROSE may, on the day the Client arrives, request authorisation (also known as “pre-authorisation”) from the Client’s bank on the bank card up to the amount of the booking and a flat amount that allows for cover of any possible consumables or expenditure by the Client on site (breakfast if not included in the rate, restaurant, bar, tourist tax where applicable, etc.). This flat amount is determined by CASAROSE according to the number of people and number of nights booked.

For example: 2 nights at 130 euros + 40 euros estimated for extras = authorisation request of 300 euros.

The pre-authorisation request is not an immediate debit but corresponds to a consideration for subsequent payment, authorised by the Client’s bank, which temporarily reduces the limit of the bank card used to guarantee that it is possible to make the debit at a later date. In some cases, depending on the Client’s bank, the pre-authorisation request appears as a pending debit on the bank account linked to the card used.

When the pre-authorisation request is activated and confirmed by the bank, either:

• the Client arrives at Hotel CASAROSE, the payment for the entire stay is made directly at CASAROSE on the day of arrival or departure depending on the Establishment which then proceeds to make a request for the release of the pre-authorisation request from the Client’s bank. Any items consumed or expenditure by the Client on site will be payable by the Client on the day of departure at Hotel Casarose;
• the Client does not arrive at Hotel Casarose on the first day of their booking, CASAROSE submits a debit request to the Client’s bank.

In rare cases, the pre-authorisation request can lead to a debit by the Client bank before the actual debit is effective. In this case, the debit will not happen twice. The balance, if in the Client’s favour, will be re-credited automatically by the Client’s bank.

If the reservation is cancelled after the pre-authorisation request is activated in accordance with the cancellation conditions of the rate booked, a request to cancel the pre-authorisation request is sent to the bank of the card holder. In rare cases, this cancellation will appear as a refund.

It should be noted that the release of the pre-authorised amount (or refund) usually takes twenty-four (24) to forty-eight (48) hours but it may take up to seven (7) working days or more, depending on the cardholder’s bank.

To activate a pre-authorisation request, the Client is asked to provide their bank details in the form of a booking deposit. The Client is informed in advance of the features of the pre-authorisation request. The bank card data is only stored by the service provider for payment purposes.

If the Client has not prepaid on-line for their stay and no pre-authorisation has been requested from the Client at the time of booking, CASAROSE may ask the client, upon arrival, for a pre-authorisation as a guarantee of payment of sums corresponding to the services consumed on site.

Client no-show

In the event of a Client no-show on the first day of their booking of an Accommodation Service, the Client’s booking shall be fully cancelled and CASAROSE will put the Accommodation Services booked back on sale:

• In the event that the booking subject to a no-show is not flexible and/or non-exchangeable and/or non-refundable booking, CASAROSE will retain as a deposit within the meaning of article 1590 of the French Civil Code and L 214-1 of the French Consumer Code in their current versions, all sums paid by the Client at the time of booking.
• In the event that the booking subject to a no-show is a booking that can be cancelled and/or exchanged and/or refunded guaranteed by bank card, CASAROSE will debit from the bank card provided at the time of booking the amount including taxes for the first night booked. Further nights (after the first night) shall be cancelled without charge. The Client is informed of this situation, CASAROSE will make the rooms available for sale again. The Client will not be entitled to any refund or compensation whatsoever.

When a booking prepayment is made for a non-flexible/non-exchangeable/non-refundable booking, the deposit amount that is debited is the total amount indicated at the time of booking and, where applicable, with the options selected by the Client, as described in these terms and conditions.

Modification or cancellation of an accommodation service

For Accommodation Services (booking rooms at Hotel Casarose), the Client is reminded that they are not entitled to the right of withdrawal set out 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 accommodation service provision which must be supplied on a date or a given period.

For each Service booking, the Terms and Conditions stipulate the methods for cancelling and/or modifying the booking.

Prepayment bookings cannot be changed and/or cancelled. Deposits (sums paid in advance) shall not be subject to any refunds. In this case, it is detailed in the Terms and Conditions.

When the Terms and Conditions permit it:

• the booking may be cancelled directly on the Website in the section “View or cancel your booking”;
• changes to the booking can be made directly with the Establishment, for which the telephone contact details are detailed on the booking confirmation sent by email.

In the event the Service is interrupted due to the Client, the full price agreed will be processed. In the event of a prepayment booking before the stay, no refund will be granted.

For Accommodation Services, unless expressly stipulated otherwise in the Special Terms and Conditions, the Client must leave the room of the Establishment before the time indicated by the Establishment, generally by noon on the last day of the booking. Failure to so will lead to an additional night being charged.

ARTICLE 5 – SUPPLY OF SERVICES

The Services booked by the Client, which include booking of hotel rooms and related services shall be supplied as follows, under the conditions set out in these General Terms and Conditions of Sale, supplemented by the Terms and Conditions of sale for the Rate which the Client has read and understood and accepted at the time of booking on the hotel website.

On arrival, the Client will be asked to provide a form of identification in order to complete their obligation to fill in a Police Form.

The Hotel is entirely non-smoking. The Client shall be liable for any direct and/or indirect, or consequential damage as a result of smoking in the Hotel. Consequently, the client shall be liable for the total cost of cleaning and restoration to original state of any item or space damaged.

Animals, provided they are kept on a lead or in a cage in communal areas of the establishment, may be accepted according to the current policy of the Hotel with payment of a supplement. For hygiene reasons, animals are not permitted in the dining rooms.

Personal possessions belonging to the Client left in the Hotel room, notably outside the safe or in public spaces in the Hotel, are entirely at the client’s own responsibility. The Hotel accepts no responsibility for the loss, theft, breakage or damage to these items.

The client accepts and undertakes to use the room with due care. Additionally, any behaviour contrary to good moral standards and public order will lead the Hotel to request the Client to leave the establishment without any compensation or any refund if any payment has already been made. In the case that no payment has yet been made, the Client shall settle the bill for the nights already spent before leaving the establishment.

The Client shall be held liable for all direct and/or indirect or consequential damages, which are attributable to the client, either in the room booked or that may have been caused within the Hotel. Consequently, the Client undertakes to compensate the Hotel up to the amount of the aforementioned damages, without prejudice to any other damages and compensation that may be due, costs of proceedings and lawyers retained by the Hotel.

WiFi access (payable or free of charge) allowing clients to connect to the internet may be offered according to the current Hotel Policy. The client undertakes that the IT resources made available by the hotel will not in any way be used for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without authorisation of the holders of these rights provided for in books I and II of the French Intellectual Property Code when this authorisation is required. Should the client not comply with the aforementioned obligations, they risk being held responsible for a copyright infringement (article L.335-3 of the French Intellectual Property Code), punished by a fine of 300,000 euros and three years in prison. Moreover, the Client is required to comply with the security policy of the Hotel’s internet access provider, including the rules of use for security implemented for the purpose of preventing illicit use of IT resources and shall refrain from any act that may hinder the effectiveness of these resources.

Unless expressly provided otherwise, the Room shall be made available on the day of arrival from 14:00 and the Client shall leave the room on the day of departure at noon. Failure to do so shall lead to an additional night being charged to the Client. The Client must check their departure date. In the event of early departure, charges equivalent to one night’s stay will be processed, unless the Client has notified the Hotel at least 24 hours prior to departure.

The Service Provider undertakes to do its utmost to supply the Services booked by the Client, within the framework of a best-efforts obligation.

The Client shall have a period of 8 days from their departure date from the Hotel to express, in writing, reservations or complaints regarding the provision of Services, with all supporting documentation related thereto, and submitted to the Hotel.

No complaints shall be validly accepted in the event that these procedures and time periods are not observed by the Client.

Should there be no reservations or complaints expressed by the Client within this time frame following acceptance of the Services, said services shall be deemed compliant to the booking, both in terms of quantity and quality.

In the event of guest relocation:

In exceptional circumstances, force majeure or it being impossible to make the room booked available to the Client, the Hotel reserves the option to partially or fully relocate the Client to a hotel of an equivalent category, with the same services and subject to the Client’s prior approval.

ARTICLE 6 – RIGHT OF WITHDRAWAL

In accordance with article L. 221-28 of the French Consumer Code, the Client does not have the right of withdrawal provided for under article L 221-18 of the French Consumer Code, given the nature of the services supplied.

The contract is therefore concluded irrevocably from the time the booking is confirmed by the Client according to the procedures set out in these General Terms and Conditions of Sale.

ARTICLE 7 – RESPONSIBILITY OF THE SERVICE PROVIDER – GUARANTEE

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any lack of conformity or latent defects, arising from a failure in the realisation of the Services booked and effectively paid for under the conditions and procedures set out in these General Terms and Conditions of Sale.

The Services provided via the Website of the Hotel are compliant with regulations in force in France. The Services Provider cannot be held liable in the event of non-observance of the legislation of the country in which the Services are provided, which is the responsibility of the Client, solely responsible for the selection of the Services required, to verify.

ARTICLE 8 – DATA PROTECTION

Under the French law 78-17 of 6 January 1978, it should be recalled that the personal data requested from the Client are required for the processing of their booking and issuing invoices, notably.

These data are processed and intended for use by the Hotel and may be forwarded to any partners responsible for the execution, processing, management or payment of bookings as well as the Client stay.

Moreover, the Hotel may contact its clients by email with news, promotional offers or satisfaction surveys following their hotel stay.

The processing of information communicated via the Hotel website is subject to a declaration to CNIL.

In accordance with national and European regulations in force, the Client has the right to access at any time, modify, correct and object to the use of their data.

This right may be exercised under the conditions and procedures set out on the Hotel’s website.

The data protection policy may be consulted in the Personal Data Privacy Policy available on the Hotel website.

This website is edited by:

Hôtel CASAROSE, Simplified joint stock company with a capital of €195,500
SIREN [business registration] no.: 351566294
SIREN [business registration] no.: 351566294 00010
Intra-community VAT no.: FR46351566294
REGISTER OF COMPANIES no.: Cannes B 351 566 294
Publishing manager Sylvain LAROSE

This website is hosted by:

OVH Cloud
with a capital of €10,000,000
RCS [register of companies] Roubaix – Tourcoing 424 761 419 00045
APE [principal activity] Code 6202A
VAT no.: FR 22 424 761 419
Registered office: 2 rue Kellermann – 59100 Roubaix – France.

ARTICLE 9 – INTELLECTUAL PROPERTY

The content of the Hotel’s website is the property of the Vendor and its partners and is protected under French and International intellectual property law.

Any reproduction, in full or in part, of this content is strictly prohibited and is likely to constitute a copyright infringement.

ARTICLE 10 – COMMITMENTS AND RESPONSIBILITY

The hotel

CASAROSE undertakes, within the framework of a best-effort obligation, to supply access to the Website and to the Services offered respecting the General Terms and Conditions and to act with diligence and competence and to do its utmost, within a reasonable limit, to remedy any failure brought to its knowledge.

CASAROSE may, however, find itself forced to suspend the Website temporarily without notice, notably for technical maintenance reasons; this action does not affect its liability.

The Client acknowledges and accepts that CASAROSE cannot be held liable for all shortcomings or losses related to the use of the Internet network, including, but not limited to:

• poor transmission and/or reception of data and/or information on the Internet;
• failure of any receiving equipment or communication lines;
• any malfunction of the Internet network preventing the proper functioning of the Website and/or booking of Services.

The Website may direct to hyperlinks of other websites edited and managed by third parties for which CASAROSE cannot be held responsible in any way regarding the content of these websites and the services offered. In this regard, it is pointed out that partners are responsible for the promotion of offers published on their own websites. The decision to consult third-party websites is therefore fully the responsibility of the Client alone.

The Client acknowledges and accepts that in the event of any dispute and/or complaint relating to a stay at the Hotel Casarose or the booking of a CASAROSE Service, the Client undertakes to exclusively contact the operating company of the Establishment in question and to this end, CASAROSE cannot be held liable in any way for failures attributable to the Establishment. Information relating to the Establishment is available in the booking confirmation email and on the Establishment record on the Website.

The Client

The Client alone is responsible for their selection of services on the hotelcasarose.fr Website and the suitability thereof to their needs, such that the CASAROSE cannot be held liable in this regard.

The Client is also solely responsible for information provided at the time creating their account and/or any booking of Services. CASAROSE cannot be held liable for any incorrect or fraudulent information provided by the Client. Moreover, the Client alone is responsible for the use of their account and any bookings made, both personally and on behalf of third parties, including minors, unless the client can demonstrate fraudulent use not as a result of fault or negligence on the Client’s part. In this regard, CASAROSE’s customer service department must be notified immediately of any misuse or fraudulent use of the client’s email address, the contact details for which are stipulated in article 9.

The Client undertakes to use the hotelcasarose.fr website and the Services offered on the site observing applicable regulations and these General Terms and Conditions. In the case that the Client fails to comply with their obligations under these General Terms and Conditions, the Client is responsible for any damages caused to CASAROSE or third parties. To this end, the Client undertakes to hold CASAROSE harmless against all claims, actions or resources of any kind that may arise as a result and to indemnify it for any damages, costs or compensation whatsoever related thereto.

In particular, the Client undertakes, by making a confirmed booking of a Service, to pay the price and adhere to the Special Terms and Conditions related thereto. In effect:

• Any booking or payment that is irregular, failed, incomplete or fraudulent for a reason attributable to the Client shall lead to the cancellation of the Service at the Client’s expense, without prejudice to any other action that CASAROSE may pursue against the Client.
• The Client must not invite to Hotel Casarose any person whose behaviour is likely to adversely affect the Establishment.
• The Client must not bring into the Establishment (rooms or communal areas) drinks or food items from external sources, unless the Establishment has clearly authorised this in advance.
• Smoking is prohibited within the Establishment, including in rooms. Smoking is permitted on terraces and outside.
• The Client must not disrupt the operations of the Establishment and must not compromise the safety of the Establishment and persons located therein.
• More broadly, any behaviour contrary to good moral standards and public order within the Establishment as well as non-observance of the Internal Rules of the Establishment, will lead the Manager of the Establishment and/or any other Service Provider to ask the Client to leave the premises without any compensation and/or any refund if payment has already been made. In the case that no payment has yet been made, the Client shall settle the bill for the nights already spent before leaving the premises.
• Minors can only stay at the Hotel Casarose when accompanied by an adult and with a form of personal identification. If the accompanying adult is not either parent, then the accompanying adult must have a parental authorisation from the child’s parents. CASAROSE may request these items.
• The client undertakes that the IT resources made available by the hotel will not in any way be used for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without authorisation of the holders of these rights provided for in books I and II of the French Intellectual Property Code when this authorisation is required. Moreover, the Client is required to comply with the security policy of the Establishment’s internet access provider, including the rule of use for security implemented for the purpose of preventing illicit use of IT resources and shall refrain from any act that may hinder the effectiveness of these resources.
• The Client is responsible for any damage caused attributable to the Client or their guests within the Establishment and shall bear all costs incurred as a result of this damage and/or non-adherence to the aforementioned rules. CASAROSE reserves the right to take action where necessary and to take all appropriate measures against the Client.

ARTICLE 11 – Exceptional circumstances

The Parties cannot be held liable for non-execution or delay in the execution of any one of their obligations, as set out in these Terms and Conditions as a result of force majeure, within the meaning of article 1218 of the French Civil Code or associated case law.

If the force majeure event lasts longer than thirty (30) days from its occurrence, these General Terms and Conditions may be terminated by either one of the parties without either party being able to claim damages or compensation.

In exceptional circumstances, force majeure or it being impossible to make the room booked available to the Client, the Hotel reserves the option to partially or fully relocate the Client to a hotel of an equivalent category, with the same services and subject to the Client’s prior approval. Reasonable expenses relating to the relocation (possible additional cost of the room, transportation and a phone call) between the two Establishments shall be borne by the Establishment initially selected.

ARTICLE 12: OTHER PROVISIONS

These General Terms and Conditions of Sale, the Privacy Policy, Terms and Conditions of the Rate Booked by the Client, the Booking Confirmation by the Client, constitute the entire agreement between the parties within its scope. Consequently, they replace and annul within that limit, all verbal or written agreements that may have previously existed.

No waiver, regardless of nature, extent, duration or frequency, can be considered as creating any kind of right and cannot lead to the restriction in any way whatsoever of the ability to invoke each of the clauses contained in these General Terms and Conditions of Sale at any time, and without restriction.

Any clause in these General Terms and Conditions of Sale that may be declared null and void by a judge with jurisdiction shall be rendered ineffectual, however this shall not impair the other provisions, nor affect the validity of these General Terms and Conditions of Sale as a whole or the legal effect thereof.

ARTICLE 13 – APPLICABLE LAW – LANGUAGE

These General Terms and Conditions of Sale and the operations which result therefrom are governed by and subject to French law.

These General Terms and Conditions of Sale are drafted in French. In the event these General Terms and Conditions of Sale are translated into one or several languages, only the French text shall prevail in the event of dispute.

ARTICLE 14 – CUSTOMER SERVICES, CONTACT AND COMPLAINTS

To book a Service available on the www.hotelcasarose.fr website, the Client may contact our booking centre from Monday to Sunday, 08:00-22:00 (French time), on: 04.93.49.11.66 and Fax: 04.92.97.04.01.

For any queries relating to a Service booked on the Website (further information, changes to or cancellation of a booking), the Client is invited to contact the Establishment directly: the contact details for the Establishment are indicated in the email and the booking confirmation and Casarose Hotel section on the website.

For any comments and/or complaints relating to a booking on the Website (complaint, non-performance or poor execution of the Service), the customer services team is on hand:

By phone, Monday to Friday, 08:00-19:00 (French time), on: 04.93.49.11.66 and by Fax: 04.92.97.04.01
On the internet, via the Contact section where a contact form is available;
By post to the following address: Hôtel CASAROSE, 780 Avenue de la Mer, 06210 Mandelieu-la-Napoule

To facilitate the processing of complaints, it is recommended that you contact customer services regarding non-performance or poor performance of Services in writing within eight (8) days of the Service being performed.

When dealing with the customer services team, the Client undertakes to remain courteous and not to make disparaging remarks regarding CASAROSE in particular, the Mandelieu-la-Napoule establishment or its employees or workers, observing common sense rules and politeness. CASAROSE reserves the right to employ every appropriate measure in respect of offensive or reprehensible behaviour (notably unpleasant, malicious or insulting) with regard to CASAROSE or its employees and workers.

ARTICLE 15 – DISPUTES

All disputes relating to the purchasing and sales operations conducted in application of these General Terms and Conditions of Sale that may arise, regarding validity, interpretation, execution, termination, consequences and results and which cannot be resolved between the Hotel and the Client shall be submitted to the courts with jurisdiction in accordance with ordinary law.

Consumer claims and disputes

In case of unsatisfied claim, the customer must imperatively provide his dispute in writing to our Company. He can send his request to our management by post or by e-mail at the following addresses :

Hotel Casarose  

780 avenue de la Mer  
06210 MANDELIEU-LA-NAPOULE

Or info@hotelcasarose.fr

 

Hotel Casarose will make every effort, except in the case of special difficulties, to process any proven request within a maximum of 3 weeks.

In accordance with Article L.612-1 of the Consumer Code, SAS Golf Park Hôtel (Hôtel Casarose) has set up a mediation system :

If the commercial dispute is not resolved, after 2 months, you can turn to the Consumer Mediator as follows :

• The mediator : Monsieur D. COULON
• Information and digital submission (by form) of mediation requests : www.mediateurconso-bfc.fr
• Mailing of the files :
  C&C Médiation
  37 rue des Chênes
  25480 – MISEREY SALINES

 

In case of necessity, the parties retain the right to bring the matter before the competent court.

ARTICLE 16 – PRECONTRACTUAL INFORMATION – ACCEPTANCE BY THE CLIENT

The Client acknowledges having received, prior to confirmation of the booking and conclusion of the contract, in a legible and understandable form, these General Terms and Conditions of Sale and all information listed in article L. 221-5 of the French Consumer Code, and notably the following information:

• the essential features of the Services, considering the communication channel used and the Service in question;
• the price of Services and related fees;
• in the absence of immediate performance of the contract, the date or the time frame for which the Service Provider undertakes to supply the services booked;
• information relating to the identity of the Service Provider, their postal, telephone and email details, and information relating to activities, if they are not apparent from the context,
• information relating to legal and contractual guarantees and the procedures for implementing them;
• the functionalities of digital content and where applicable, its interoperabithe option to refer the matter to conventional mediation in the event of dispute;
• la possibilité de recourir à une médiation conventionnelle en cas de litige ;
• information relating to the important contractual terms.
• payment methods accepted.

The action of a natural person (or legal entity) making a booking on the Hotel Website implies adherence to and full and complete acceptance of these General Terms and Conditions of sale and the obligation to pay for the Services ordered, which is expressly acknowledged by the Client, who notably forfeits the use of any contradictory document, which would be non-binding on the Service Provider.