Maisons Pariente

General Sales Conditions

IMPORTANT: Please read these General Terms and Conditions carefully: they define the terms and conditions of sale that the Customer accepts when ordering the Services. These general terms and conditions are enforceable in the same way as any other signed written contract. If the Customer disagrees with the terms of these General Terms and Conditions, s/he is not entitled to make a Booking.


Between the undersigned: 

HOTEL LOU PINET, a société par actions simplifiée (French simplified company limited by shares) registered in the Paris Trade and Companies Register under number 444 513 998, the registered office of which is located at 5, Avenue Bertie Albrecht, 75008 Paris, and the VAT number of which is FR71444513998. 

Hereinafter referred to as “HOTEL LOU PINET”,

On the one hand, 

And 

Any natural person wishing to book a room on the website www.loupinet.com

Hereinafter referred to as the “Customer”

On the other hand, 

The parties have agreed to the following: 


Article 1.    DEFINITIONS

Customer: refers to any natural person browsing and/or wishing to make a Booking on the Site. 

General Terms and Conditions: refers to these general booking terms and conditions. 

Contract: refers to these General Terms and Conditions and any document attached to them. 

Accommodation: refers to the rooms or suites of the Hotels that HOTEL LOU PINET show and offer for Booking. 

Hotels: refers to Hotel LOU PINET 

HOTEL LOU PINET: means the société par actions simplifiée (French simplified company limited by shares) registered in the Paris Trade and Companies Register under number 444 513 998, the registered office of which is located at 5, Avenue Bertie Albrecht, 75008 Paris, and the VAT number of which is FR71444513998.

The Internet refers to different networks of servers located in different places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.

Booking: refers to the reservation of a Service by the Customer on the Site. 

Site: refers to the infrastructure developed by HOTEL LOU PINET according to the computer formats that can be used on the Internet, including data of various kinds, and in particular texts, sounds, still or moving images, videos, databases, intended to be consulted by the Customer to find out about and book the Services. The Site is accessible at the following address: www.loupinet.com.

Services: refers to any Hotel service presented and offered for Booking by HOTEL LOU PINET, and in particular Accommodation, breakfast, catering or SPA services where applicable. 

Traveller: refers to the Customer and any person for whose benefit the Customer has entered into the Contract and who will use the Services under the conditions set out below. The Customer guarantees that the Traveller will comply with the provisions of these General Terms and Conditions. 

Article 2.    PURPOSE 

The HOTEL LOU PINET have a hotel business for which they offer Booking Services on the Site. 

These General Terms and Conditions define the conditions under which HOTEL LOU PINET allows its Customers make Bookings for a Service.

The Customer and HOTEL LOU PINET agree that their relationship as well as access to and use of the Site shall be governed exclusively by:

•    These General Terms and Conditions, to the exclusion of any other conditions and that they shall prevail, where applicable, over any other version or document;
•    The Site Privacy Policy;
•    Applicable laws and/or regulations. 

These General Terms and Conditions define the rights and obligations of the parties in connection with Booking and the use of the Site.  

They are made available to the Customer on the Site where they can be consulted directly. 

The use of the Site and the Booking imply:

•    The Customer’s knowledge and unreserved acceptance of these General Terms and Conditions and the Site’s Privacy Policy.
•    The technical skill of the Customer to use the Site;
•    The awareness for the Customer that the Booking does not require a handwritten signature.  

Each Customer undertakes to respect the purpose of the Site and not to use it in order to divert it from its purpose of presenting Services and Bookings.

HOTEL LOU PINET reserves the right to modify its General Terms and Conditions at any time. 

In the event of any modification, the applicable General Terms and Conditions are those in force on the date of the Booking by the Customer, a dated copy of which may be provided to him/her at his/her request by the HOTEL LOU PINET. 

The fact that HOTEL LOU PINET do not claim that any clause of these General Terms and Conditions apply or consent to its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver of HOTEL LOU PINET’s rights arising for them from the said clause.

These General Terms and Conditions were updated on 11 August 2019. This edition cancels and replaces previous versions.

Article 3.    HOTEL LOU PINET RULES

3.1    Accommodation Categories

HOTEL LOU PINET offers six (6) accommodation categories:

-    Superior room;
-    Deluxe room;
-    Prestige room;
-    Deluxe junior suite;
-    Superior suite;
-    Prestige suite. 

The detailed characteristics specific to each category of Accommodation are set out on the Site
 
Pets weighing less than ten (10) kilograms are allowed in Prestige Accommodation and all Hotel suites.

3.2    Breakfast

Each Booking includes a breakfast, the price of which is included in the Accommodation rate, unless otherwise stated. 

3.3    Check-in and check-out

The Traveller may access the Room from fifteen hundred hours (3 pm) on the day of arrival mentioned in the Booking Confirmation, until noon (12:00) on the day of departure also mentioned in the Booking Confirmation, unless otherwise agreed by HOTEL LOU PINET.

At check-in, the Customer will be required to show an identity card and the bank card with which the deposit was paid. 

3.4    Availability

The Accommodation is offered for Booking by HOTEL LOU PINET on the Site within the limits of the accommodation available on the dates specified by the Customer. 

In the event of unavailability of a category of Accommodation, after confirmation of the Booking, HOTEL LOU PINET and/or the Hotel concerned will inform the Customer by e-mail as soon as possible. 

The Reservation may then, according to his/her wishes, be cancelled or modified by the Customer if accommodation of another category is available in the same Hotel.


Article 4.    BOOKING

The Booking of Accommodation can be done by email or by phone.

4.1    On-line booking

4.1.1    Choice of Accommodation

To make a booking on the Website, the Customer must first select the category of accommodation they wish to book. 

They will then be redirected to the partner platform of HOTEL LOU PINET to make the on-line booking. 

The Customer then has to enter their required accommodation booking date. The Customer will be able to confirm the selected accommodation category if it is available on the required dates, or change the accommodation category depending on the availability of HOTEL LOU PINET and the price per night shown. 

The Customer will then access a summary of the accommodation's characteristics and the services included in the price shown (for example, breakfast, mini bar, etc.).

The Customer will then have to choose the booking option they want. Note that, depending on the option selected and the resulting price, the services associated with the booking will differ (meals, valet, bouquet of flowers, etc.).  The different services associated with each option are stated during selection.

The customer then has to click on "Book Now". 

They will then have access to their booking summary, which includes the accommodation category, the selected booking mode, the dates of the stay, the number of guests, and the price.

The customer then has to confirm their booking by clicking "Proceed to checkout". 

4.1.2    Sending information

Once the accommodation category has been selected, the Customer will have to enter their details, notably their surname, first name, e-mail address, telephone number and nationality. 

The information concerning the Customer will be used by HOTEL LOU PINET to register the Customer's booking. The information sent is processed and stored by HOTEL LOU PINET in compliance with the Confidentiality Policy. 

Compulsory information includes the Customer's surname and their e-mail address. All other information is completed optionally and freely by the Customer.

4.1.3    Payment

To complete their booking, the Customer must pay a deposit via a bank card (MasterCard, Visa or American Express) corresponding to the price for one night or the full amount of the booking in the case of a special offer. The Customer confirms that they are fully authorised to use the payment method.

For bookings made sixty (60) days or more in advance, a deposit for the full amount of the booking is requested. 

The booking shall only become firm and final once it has been formally accepted by HOTEL LOU PINET and the deposit has been processed. 

Once the booking has been confirmed and the payment made, the Customer will receive a booking confirmation by e-mail at the address given, containing:

a)    information on the essential elements of the booking and the accommodation,
b)    the booking number,
c)    the price of the booking,
d)    the duration of the stay, 
e)    cancellation conditions.


4.2    Booking by email

Bookings by email can be made to the following address: reservation@loupinet.com  

The Customer shall indicate the following in the booking email: the Booking Hotel, the desired category of Accommodation, the number of Travellers accompanying the Customer, and the dates of his/her stay. 

The Customer will then receive a summary of the Booking by email summarising the elements relating to the Booking and in particular:

a)    Information on the essential characteristics of the Booking and Accommodation within the requested Hotel,
b)    The Booking number,
c)    The Booking price,
d)    The duration of the stay, 
e)    The conditions for cancelling the Booking.

This summary will be accompanied by the General Terms and Conditions. 

The Customer must check the content of this summary as soon as possible and immediately report any errors or omissions to HOTEL LOU PINET.

If the Customer validates this summary, s/he will confirm it to HOTEL LOU PINET by return of email. This email will be confirmation of the Booking by the Customer and acceptance of the General Terms and Conditions. S/he will then communicate his/her bank details to allow HOTEL LOU PINET to collect a deposit corresponding to one night in a hotel. 

The Booking only becomes firm and final after express acceptance by HOTEL LOU PINET and receipt of the deposit. 

Once the Booking has been confirmed by HOTEL LOU PINET, and payment has been made, the Customer will receive a Booking Confirmation by e-mail to the address that has been communicated, summarising the characteristics of the Booking. 

4.3    Booking by telephone

The Customer can make a Booking by telephone using the following number: 04 94 97 04 37 (telephone service provider cost).

Although this order cannot be considered as canvassing by telephone as governed by the provisions of article L221-6 of the Code de la consommation (French Consumer Code), since the Customer acknowledges and agrees that s/he is the source of the booking, HOTEL LOU PINET will send written confirmation of the offer that has been proposed to the Customer. As such, the Customer acknowledges and accepts that in order to place an order by telephone, s/he must have a valid email address to which the contractual documents will be sent.

The Customer shall communicate the following to HOTEL LOU PINET by telephone: the Hotel which s/he wishes to book, the desired category of Accommodation, the number of Travellers accompanying the Customer, and the dates of his/her stay. At the end of his/her Booking, HOTEL LOU PINET will give the Customer a summary of the elements concerning his/her Booking, and in particular, the selected Hotel, the category of Accommodation chosen, the number of Travellers and the stay dates. 

The Customer will also indicate the payment method used.

The Customer will then receive a summary by email summarising the elements relating to the Booking and in particular:

a)    Information on the essential characteristics of the Booking, the Hotel and the Accommodation,
b)    The Booking number,
c)    The Booking price,
d)    The duration of the stay, 
e)    The conditions for cancelling the Booking.

This summary will be accompanied by the General Terms and Conditions. 

The Customer must check the content of this summary as soon as possible and immediately report any errors or omissions to HOTEL LOU PINET.

If the Customer validates this summary, s/he will confirm it to HOTEL LOU PINET by return email. This email will be confirmation of the Booking by the Customer and acceptance of the General Terms and Conditions. S/he will then communicate his/her bank details to allow HOTEL LOU PINET to collect a deposit. 

The Booking only becomes firm and final after express acceptance by HOTEL LOU PINET and receipt of the deposit. 

Once the Booking has been validated, and payment has been made, the Customer will receive a Booking Confirmation by e-mail to the address that has been communicated, summarising the characteristics of the Booking. 

Article 5.    PRICE AND PAYMENT TERMS

5.1    Price

The Booking price is the current price indicated in the Booking Summary available before the Booking is validated. 

The price is set by HOTEL LOU PINET at their sole discretion, and may be subject to modifications and variations over time, particularly according to booking periods. 

The price includes all taxes (VAT and other taxes applied on the day of the Booking, excluding the tourist tax) and shall be understood to be Accommodation for the number of Traveller(s), depending on the booking method chosen and the dates selected. The tourist tax is to be paid directly on the site to the Hotel concerned at the time of check-out.

The price includes:

-    The Accommodation concerned;
-    Soft drinks from the minibar;
-    The valet parking service;

All Bookings are payable in euros.

Any change in the applicable VAT rate, exchange rate or any other legal or regulatory taxes imposed by the competent authorities may be reflected in the price of the Accommodation offered for Booking on the Site. 

In the event of an additional guest, the following additional charge will apply:

-    Children less than 3 years of age: free of charge 
-    Child between 3 and 10 years of age: sixty (60) euros
-    Children aged 10 and over, and adults: one hundred and thirty (130) euros

5.2    Payment

The Customer must pay a deposit by bank card (Mastercard, Visa, American Express) when making the Booking corresponding to the price of one night’s Booking or the total amount of the Booking if it is a special offer. 

For bookings made sixty (60) days or more before arrival, a deposit of a total amount of the Booking is required. 

For online Bookings, the HOTEL LOU PINET chose Stripe to secure online credit card payments. 

The online provision of the bank card number and/or the validation of the Booking and its payment constitute proof of the entirety of the said Booking in accordance with the provisions of Law No. 2000-230 of 13 March 2000 adapting the law of evidence to factor in information technologies and relating to electronic signature, and will cause the sums incurred by the Booking to become due and payable.

This validation is valid as signature and express acceptance of all transactions made by HOTEL LOU PINET, and in particular the Booking.

However, in the event of fraudulent use of his/her bank card, the Customer is invited, as soon as this use is found, to contact HOTEL LOU PINET’s customer services by email at the following email address: reservation@loupinet.com.

It is expressly agreed that, unless there is a manifest error on the part of HOTEL LOU PINET, the data stored in HOTEL LOU PINET’s computer systems, under reasonable security conditions, shall have probative value as regards the Bookings made by the Customer. 

Data in computer or electronic form constitute valid evidence and, as such, are admissible under the same conditions and with the same probative value as any document drawn up, received or kept in writing.

HOTEL LOU PINET reserves the right to refuse any Bookings if they prove to be abnormally high and/or if the Customer does not comply with these General Terms and Conditions of Sale. 

The balance of the Booking shall be paid directly to HOTEL LOU PINET at checkout. Payment can be made on the site by cheque or bank card. The Hotel concerned may request an identity document for fraud prevention purposes. 

The Customer guarantees that s/he is fully entitled to use the bank card or cheque book s/he uses and that s/he has sufficient funds to cover the costs of the order. Under no circumstances can HOTEL LOU PINET be held liable for the fraudulent use of the Customer’s bank card, cheque book or bank account.

Any bank charges related to payments by bank card will remain the responsibility of the Customer. These charges correspond to any fees charged exclusively by the Customer’s bank as a result of the use of his/her bank card. 

Article 6.    CANCELLATION OF THE BOOKING

The Customer is informed that, pursuant to Article L 221-28 12° of the Code de la consommation (French Consumer Code), the right of withdrawal may not be exercised for contracts “for the provision of accommodation services [...] which must be provided on a specific date or for a determined period”. Consequently, the Customer does not benefit from the right of withdrawal provided for by the Code de la consommation (French Consumer Code) with regard to the Booking of Accommodation.

However, depending on the period of stay and the rate applied, the Customer may cancel his/her Booking up to seven (7) days before the start date of the stay under the conditions explained at the time of the Booking confirmation. The Customer is invited to refer to the Booking Confirmation which explains in detail the cancellation procedures specific to the Booking made. In this context, all or part of the Booking price may be refunded. 

The refund of the Booking, if any, will be made using the same method of payment as that used by the Customer during the initial transaction. 

The Customer acknowledges that only the cancellation conditions mentioned in the Booking Confirmation are enforceable against him/her to the exclusion of any other condition. 

Article 7.    SITE ACCESS

Access to the Site is free and open to any Customer with Internet access. 

The costs related to access to the Site, in particular to Internet access, are the exclusive responsibility of the Customer. 

The Site is permanently accessible. 

HOTEL LOU PINET however reserves the right, without notice or compensation, to temporarily or permanently close the Site, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and accessibility times.

Article 8.    INDIVIDUAL POLICE FORM

Pursuant to article R.611-42 of the code de l’entrée et du séjour des étrangers et du droit d’asile (French code on the entry and residence of foreigners and the right of asylum), when making a Booking, the Customer will be asked to complete and sign a police form if s/he is not of French nationality.  

In the event that the Customer refuses to complete and/or sign the individual police form, the Booking will automatically be refused.  

The Customer’s data will be processed in accordance with the Privacy Policy. 

Article 9.    LIABILITY

The Customer undertakes to use the Accommodation and the Site in accordance with their purpose, common decency and public order. 

The Customer guarantees that Travellers will comply with the provisions of these General Terms and Conditions. 

Any behaviour contrary to the purpose of the Accommodation and the Hotel, common decency and public order may lead HOTEL LOU PINET to make the Customer leave the Accommodation without compensation and/or reimbursement of the sums incurred by the Customer for the Booking. 

HOTEL LOU PINET cannot be held liable if the Customer’s belongings are stolen, damaged or lost. 

The Customer is liable for any damage and/or deterioration that has occurred to the Accommodation in which s/he is accommodated during the dates indicated on the Booking Confirmation.  

HOTEL LOU PINET shall not be liable for any indirect damage resulting from these General Terms and Conditions, in particular operating loss, loss of business, loss of business by third parties or loss of business by its partners. 

HOTEL LOU PINET can never be held liable because of external content - even illegal - even if the Site contains a link to said content.

HOTEL LOU PINET could not be held responsible for photographs and/or text that would not allow the Customer to view the Accommodation in a complete and totally faithful way.

HOTEL LOU PINET could therefore not be held liable in the event of an error in one of these photographs or one of these texts. 

However, HOTEL LOU PINET undertakes to describe with the greatest accuracy or to present a photograph of the Accommodation offered for Booking on the Site.

In any case, HOTEL LOU PINET may not be held liable in the case where the non-performance of its obligations would be attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by the French case law and provided for in Article 10 of these General Terms and Conditions, or by the Customer.

HOTEL LOU PINET cannot be held liable by the Customer for any inconvenience or damage inherent to the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses. 

The Customer is responsible for the proper functioning of his/her computer equipment and his/her access to the Internet. 

The same applies to potential hypertext links on the Site. 

Article 10.    FORCE MAJEURE

HOTEL LOU PINET or the Customer may not be held liable if the execution of the Booking is delayed or prevented due to a case of force majeure or unforeseeable circumstances, due to the other party or a third party or external causes such as industrial disputes, intervention by civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network or the electricity network.

Article 11.    INTELLECTUAL PROPERTY

All elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, shape marks and copyrights are the exclusive property of HOTEL LOU PINET.

Unless stated otherwise, the intellectual property rights regarding the documents contained on the Site and each of the components created for this Site are the exclusive property of HOTEL LOU PINET, and the latter does not grant any licence or right, other than the right to visit the Site.

The reproduction of any page or content of this Site by the Customer or by any third party is subject to prior written authorisation from HOTEL LOU PINET.

Reproduction of any of the documents published on the Site is allowed solely for information purposes for strictly private and personal use, so any reproduction or use of copies made for other purposes is expressly forbidden.

It is prohibited to use trademarks, images or any other element on which HOTEL LOU PINET hold intellectual property rights.

It is also forbidden to copy, modify, create a derived work, disassemble or reverse engineer, or attempt to find the source code in any other way (except in cases provided for by law), or to sell, attribute, sub-license or transfer in any way whatsoever any right pertaining to the software and the Site.

It is also forbidden to modify the Site or to use modified versions of the Site, in particular with a view to, but not limited to, obtaining unauthorised access to the Site and to access the Site by a means other than the interface provided for you by HOTEL LOU PINET for that purpose.

The Site and any necessary software used in connection with it may contain confidential information, protected by the current law on intellectual property or any other law.

The Customer who has a personal website and who wishes to place, for personal use, a simple link on his/her website referring directly to the HOTEL LOU PINET Site, must request the prior written authorisation of HOTEL LOU PINET.

In any case, any unauthorised links must be removed at HOTEL LOU PINET’s request.

Article 12.    ARCHIVING AND PROOF

The click made during the validation of the Booking and the confirmation by email of the acceptance of the Booking constitute an electronic signature which has, between the Customer and HOTEL LOU PINET, the same value as a handwritten signature. 

The archiving of Booking confirmations and invoices is carried out on a reliable and durable medium in order to correspond with a faithful and durable copy in accordance with articles 1366 and 1367 of the Code Civil (French Civil Code).

HOTEL LOU PINET’s computerised registers will be considered to be proof of the communications, subscriptions, payments and transactions between the HOTEL LOU PINET and the Customer.

Article 13.    DISPUTES 

In the event of a dispute with HOTEL LOU PINET, the Customer must first contact HOTEL LOU PINET by e-mail (contact@loupinet.com) or by post (70, chemin du Pinet 83990 Saint Tropez).

In the event of failure of the claim to HOTEL LOU PINET or if there is no reply within two (2) months, the Customer may submit the dispute opposing him/her against HOTEL LOU PINET to a mediator (Association Médiateurs Européens - Association of European Mediators) which will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching a solution. 

The Customer benefits from a claim form on the mediator’s site (www.mediationconso-ame.com) in order to submit its request for mediation. 

The Customer and HOTEL LOU PINET remain free to accept or refuse the use of dispute resolution through mediation as well as to accept or refuse the solution proposed by the mediator.

In the absence of an amicable agreement, the court competent to resolve the dispute is the court of the respondent’s place of residence or the court of the place of execution of the Booking. 

The Customer may also, if s/he so wishes and independently of any other procedure for settling his/her dispute with HOTEL LOU PINET, use the online dispute resolution platform proposed by the European Union:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage 

These General Terms and Conditions are subject to French law. 

In the event of difficulty of interpretation resulting from a contradiction between the French version and any version in another language, only the French version will be taken into account. 

Article 14.    GENERAL PROVISIONS

14.1    Entire Contract
 
HOTEL LOU PINET and the Customer acknowledge that these General Terms and Conditions constitute the entire agreement concluded between them and replace any previous offer, provision or agreement, whether written or verbal.

14.2    Good faith

HOTEL LOU PINET and the Customer agree to perform their obligations in perfect good faith. 

14.3    Titles

In the case of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of any of the articles, the titles shall be deemed non-existent. 

14.4    Invalidity

If any of the provisions of these General Terms and Conditions should prove null and void with regard to a rule of law in force or a judicial decision that has become final, it shall then be deemed unwritten, without however causing the invalidity of all the General Terms and Conditions or altering the validity of its other provisions.

14.5    Address for service

HOTEL LOU PINET and the Customer elect address for service at the addresses indicated on the Booking confirmation for the Customer and at the address appearing in these General Terms and Conditions of Sale for HOTEL LOU PINET.

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