Terms and conditions of sale — Au Moulin du Pont

Courtesy translation. Only the French version of these terms and conditions is legally binding.

Important notices

Any person using the website of the Hôtel Restaurant Au Moulin du Pont for booking purposes must be at least 18 years of age and have the capacity to enter into contracts in accordance with the law.
The Client may book, on the site, individually and for their personal needs, a maximum of nine (9) rooms per booking. For any bookings relating to business groups, meetings, seminars or similar, the Au Moulin du Pont establishment should be contacted by e-mail or telephone (aumoulindupont@gmail.com). For any booking identified on the site of more than nine rooms, the Hotel reserves the right to amend the price and the terms and conditions of sale.
Any booking or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the booking at the Client’s expense, without prejudice to any civil or criminal action against them.

Article 1: Purpose

These terms and conditions of sale define the rights and obligations of the parties in connection with the distance booking of services offered by the Hôtel Restaurant Au Moulin du Pont. They apply to all bookings concluded over the internet via the website of the Hôtel Restaurant Au Moulin du Pont.

Article 2: General provisions

These terms and conditions of sale apply throughout the period during which the services are made available online by the Hôtel Restaurant Au Moulin du Pont on the site.

The Hôtel Restaurant Au Moulin du Pont reserves the right to supplement or amend these terms and conditions of sale at any time by publishing a new version on its website, which shall apply automatically as soon as it is put online.

The applicable terms and conditions of sale are those in force on the date of the booking.

Article 3: Conclusion of the contract online

3.1. Choice of services by the Client

The Client chooses the services presented under their sole responsibility, without any liability on the part of the Hôtel Restaurant Au Moulin du Pont. The Client satisfies themselves as to the nature, purpose and booking arrangements of the services.

The Client acknowledges having received the advice and information necessary to ensure that the offer is suited to their needs in order to make their booking with full knowledge of the facts.

3.2. Booking process

The Client makes their booking by means of the electronic order form accessible on the site.
The Client certifies the truthfulness and accuracy of the information provided.
The Client must follow a series of steps to complete their booking, in particular:

Search for the stay dates, the room category and a rate;
Optional selection of one or more additional services such as breakfast (except where the service is included in the rate mentioned in the previous point);
Verification of the booking details, its total cost and the applicable terms of sale (general and specific);
Entry of the Client’s contact details;
Entry of the bank card details where a guarantee or prepayment is required;
Consultation and acceptance of the terms and conditions of sale and of the specific terms of sale of the rate booked before validating the booking;
Validation of the booking.

3.3. Acknowledgement of receipt of the booking

An acknowledgement of receipt is sent to the Client by e-mail. It summarises the contract offer, the services booked, the prices, the total amount of the order, the terms of sale relating to the selected rate accepted by the Client, and the date on which the booking was made.

3.4. Formation of the booking

The booking is deemed formed as soon as the booking is confirmed or upon online prepayment by bank card.

Article 4: Prices

The prices relating to the booking of the services are shown on the site and confirmed at the time of booking.
The prices shown are per room for the number of person(s) and the date selected.
Prices are confirmed to the Client inclusive of tax, in the Hotel’s commercial currency, and are valid only for the period indicated on the site.
If the charge at the Hotel is made in a currency other than the one confirmed on the booking, exchange fees are borne by the Client.
All bookings are payable in the Hotel’s local currency, unless specific provisions are indicated on site.
Unless otherwise stated on the site, additional services (breakfast, etc.) are not included in the price and are displayed separately.
The tourist tax, shown on the rates page, is to be paid directly on site at the Hotel. The pre-tax cost of the night corresponds to the pre-tax accommodation price for the stay, the number of nights of the stay and the number of occupants. This is increased by 10% in respect of the additional departmental tax.
Prices take account of the VAT applicable on the day of the order. Any change in the applicable VAT rate will be automatically passed on to the prices shown on the invoicing date.
Likewise, any change to or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically passed on to the prices shown on the invoicing date.
Conversion into foreign currency is given for information only and is not contractual. Only the currency confirmed at the time of booking is guaranteed (if that currency differs from the one used at the Hotel, any exchange fees will be borne by the Client).
If a rate requires payment to be made at the Hotel on arrival or departure from your stay and the Client’s currency is not the same as the Hotel’s, the rate charged by the Hotel may differ from the one communicated at the time of booking, given the possible movement in exchange rates between the booking date and the dates of the stay at the Hotel.

Article 5: Payment

The Client provides their bank details as a guarantee of the booking, except under special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc.), entering directly in the area provided for that purpose (secure entry with SSL encryption) the card number, its expiry date (the bank card must be valid at the time of the stay) and the security code. They must present themselves at the Hotel with the bank card used to guarantee the booking or to make the prepayment. The Hotel may ask them to present proof of identity for the purposes of preventing bank card fraud.
Payment for bookings must be made in full and online at the time of booking. Online payments are secure and processed via payment systems recognised for ensuring the confidentiality of clients’ financial data.
In the event of a no show (booking not cancelled – Client not present) on a booking guaranteed by bank card, the Hotel will charge the Client, as a lump-sum indemnity, the amount of the first night to the bank card given as a guarantee of the booking, and any additional nights of the booking will be cancelled free of charge unless otherwise indicated in the terms of sale of the rate booked. By making the booking, the Client expressly authorises the Hotel to proceed with payment of the lump-sum indemnity.
At the time of payment, the amount charged at the time of booking comprises: the accommodation price, the taxes relating to the accommodation, the catering price if breakfast is chosen, the taxes relating to the catering and any other additional services selected by the Client.

Article 6: Cancellation or amendment by the Client

In accordance with article L 121-21, 12° of the French Consumer Code, the Client does not have the right of withdrawal provided for in article L 121-21 of the Consumer Code.
The terms of sale of the rate booked set out the arrangements for cancelling and / or amending the booking.
Bookings with prepayment may not be amended and / or cancelled. Sums paid in advance in the form of deposits will not be refunded. In that case, this is mentioned in the terms of sale of the rate.
Where the terms of sale of the rate booked so permit, cancellation or amendment of the booking may be made directly with the Hotel, whose telephone details are given on the booking confirmation sent by e-mail.
In the event of an interruption of the stay, the full agreed price will be collected. In the case of a booking with prepayment, no refund will be granted on that ground.
Unless expressly provided otherwise, the Client must vacate the room before 12:00 noon on the last day of the booking. Failing this, an additional night will be charged.
Every booking is personal and may under no circumstances be transferred to a third party, whether free of charge or for consideration.

Article 7: Relocation

In the event of an exceptional occurrence, of the impossibility of making the booked room available to the Client, or of force majeure, the Hotel reserves the right to accommodate the Client in a hotel of equivalent category for services of the same nature, subject to having informed the Client beforehand. Any additional cost of the room, transport between the two hotels and one telephone call remain payable by the hotel originally booked.

Article 8: Stay at the hotel

In application of the regulations in force in France, the Client will be asked on arrival at the Hotel to complete a police registration form. To this end, the Client will be asked to present proof of identity in order to verify whether or not they must complete the police form.
The Client must comply with the Hotel’s Internal Rules, available at the Hotel Reception. In the event of non-compliance with those Rules, the Hotel will be obliged to require the Client to leave the Hotel, with no compensation and / or refund if payment has already been made. Where no payment has yet been made, the Client must pay the full price of the stay (nights used plus nights booked but not yet used) before leaving the establishment.
The Hôtel Restaurant Au Moulin du Pont offers free WIFI access. The Client undertakes not to use its computing resources for the purposes of reproducing, performing, making available or communicating to the public any works protected by copyright or a related right without the authorisation of the holders of those rights or in breach of their rights.

Article 9: Exclusions of liability

The photographs on the site are not contractual. Although the Hotel endeavours to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel give as accurate an impression as possible of the accommodation services offered, variations may occur, in particular as a result of a change of furniture or any renovation work.

The Hôtel Restaurant Au Moulin du Pont may not be held liable for the non-performance or improper performance of the booking in the event of force majeure, the act of a third party or the act of the Client, in particular the unavailability of the internet network, the impossibility of accessing the website, external intrusion, computer viruses, or in the event of prepayment not authorised by the cardholder’s bank.

Article 10: Hotel’s right of cancellation / errors

The site may contain technical, typographical or other inaccuracies and errors in connection with the information displayed on the site, including, without limitation, the rates, charges or availability applicable to the transaction. The Hôtel Restaurant Au Moulin du Pont accepts no liability for such errors, inaccuracies or omissions. The Hôtel Restaurant Au Moulin du Pont reserves the right not to honour bookings or information affected by such errors, inaccuracies or omissions. The Hôtel Restaurant Au Moulin du Pont shall have the right to make changes, corrections, cancellations and / or improvements to the information or to bookings based on such information, at any time, including after confirmation of the booking.

Article 11: Complaints

Complaints relating to the non-performance or improper performance of the hotel services must, on pain of being time-barred, be brought to the attention of the Hôtel Restaurant Au Moulin du Pont in writing within eight days after the date of departure from the Hotel, directly with the Hotel.

For any complaint relating to a hotel booking, the Client service is at your disposal. Please go to the “Contact” section.

You may also write to us:
Hôtel Restaurant Au Moulin du Pont
1 Moulin du Pont
01580 Samognat, France

Article 12: Force majeure

Force majeure means any event external to the parties that is both unforeseeable and insurmountable and that prevents either the Client or the hotelier from performing all or part of the obligations provided for in the contract. Events of force majeure or fortuitous events are those customarily recognised by the case law of the French Courts and Tribunals.

Neither party may be held liable towards the other party for non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends the performance of the parties’ reciprocal obligations and that each party bears the resulting costs.

Article 13: Respect for privacy

The Client is informed on each personal data collection form whether the answers are mandatory or optional by the presence of an asterisk.
In the absence of information identified as mandatory, the Hôtel Restaurant Au Moulin du Pont may be unable to register a booking and handle the Client’s complaints.
The information processed is intended for the Hôtel Restaurant Au Moulin du Pont and its partners (in particular the online payment provider).
As part of pre-contractual measures with a view to the booking or the performance of the hotel booking contract, the Hotel and its partners may each, as regards their own part, be recipients of identity data, personal and professional life data, and economic and financial information, in particular for the purposes of hotel booking and complaint handling.
The Client authorises the Hôtel Restaurant Au Moulin du Pont to communicate their personal data to third parties provided that such communication proves compatible with carrying out the operations incumbent on the Hôtel Restaurant Au Moulin du Pont under these general terms.
In particular, when paying online, the Client’s bank details must be transmitted by the payment provider to the Hotel’s bank in order to perform the hotel booking contract. However, the Client consents to this transfer, which is necessary for the performance of their booking. The payment provider, in its professional capacity, has undertaken towards the Hôtel Restaurant Au Moulin du Pont to take all security measures and to respect the confidentiality of the data for those data transfers.
The Client has the option to object, free of charge, to the data concerning them being used for prospecting purposes, in particular commercial prospecting. In accordance with the French Data Protection Act of 6 January 1978, they also have a right of objection on legitimate grounds, and rights of enquiry, access and rectification of the data concerning them, by writing to aumoulindupont@gmail.com. The Hôtel Restaurant Au Moulin du Pont may in particular send its Clients its “newsletter”, promotional offers and a satisfaction questionnaire following their hotel stay by e-mail, making available to the Client an unsubscribe link at the foot of each commercial prospecting e-mail.

Article 14: Evidence agreement

The entry of the required bank information, together with acceptance of these general terms and of the booking form or request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
The computerised records kept in the computer systems of the Hôtel Restaurant Au Moulin du Pont are kept under reasonable security conditions and are regarded as evidence of the communications, orders and payments made between the parties.
The Client is informed that their IP address may be recorded at the time of booking.

Article 15: Account / password

The Client is responsible for maintaining the confidentiality of their passwords, login details and account information. They will be financially liable for all uses of the site by themselves and / or any person using their account information.

Article 16: Dispute resolution

The contract and the terms and conditions of sale are governed by French law.

In the event of a dispute relating to these terms and conditions of sale or to the performance of the contract, the Client shall contact the Hotel’s Client service.

In the event of a dispute not resolved amicably within 30 days of referral to the Client service, the Tribunal de grande instance de Paris shall have sole jurisdiction.

It is specified that the documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking form or request (including the specific terms of the rate booked) and these general terms. In the event of a conflict between the booking form and the general terms, the provisions appearing in the booking form shall be the only ones applicable to the obligation in question.