Terms of sale
Translation provided for information purposes. In the event of any discrepancy, the French version prevails.
Preamble
Maison Barbès is a French limited liability company (Société à responsabilité limitée with a sole shareholder) registered with the Paris Trade and Companies Register under number 843 487 075, whose registered office is at 4 rue Bervic, 75018 Paris – share capital: €10,000.00. Intra-community VAT number: FR24843487075
Maison Barbès operates the Maison Barbès hotel located at 4 rue Bervic, 75018 Paris (hereinafter “the Hotel”) and the website “www.maison-barbes.com” (hereinafter “the Site”), which allows bookings to be made at the Hotel and provides information on the services of Maison Barbès.
These General Terms and Conditions of Sale (hereinafter “T&Cs of Sale”) apply to any person wishing to book one or more rooms and any additional services at the Hotel (hereinafter “the Client”), in addition to the General Terms of Use of the Site (hereinafter “Terms of Use”), available in the footer of the Site, which govern the use of the Site more generally.
The T&Cs of Sale and the Terms of Use alone govern the relationship between Maison Barbès and the Client, in addition to the information otherwise displayed within the Hotel.
Maison Barbès and the Client are hereinafter jointly referred to as “the Parties”.
Bookings on the Site are managed by: MEWS SYSTEMS BV – Kleine-Gartmanplantsoen 21, 1017 RP, Amsterdam, the Netherlands (https://www.mews.com/en).
ARTICLE 1 – BOOKING CONDITIONS
1.1 – PREREQUISITES
To make a booking, the Client must be of legal age and legally capable of entering into a contract.
Any booking made with Maison Barbès implies the Client’s unrestricted and unreserved acceptance of these T&Cs of Sale in their entirety. The Client acknowledges having taken the time to review them, being fully aware of them and understanding their meaning and scope.
1.2 – SPECIFIC RULES APPLICABLE AT THE HOTEL
Check-in time
Booked rooms are available from 3:00 pm.
Check-out time
On the day of departure, rooms must be vacated by 12:00 noon at the latest, unless a late check-out has been arranged; this service may be offered on site at the Hotel depending on occupancy.
Number of occupants
When booking, the Client must state the number of people who will occupy the booked room(s), specifying the number of children where applicable.
For young children, the Hotel offers the rental of one baby cot per room per night. The Client must select this option when booking.
If the number of people arriving at the Hotel does not match the number stated at the time of booking, the Hotel may charge for an upgrade (a room with greater capacity or one or more additional rooms) or cancel the booking if occupancy does not allow an upgrade, in which case the cancellation conditions set out in Article 5 will apply to the Client.
Checks on arrival
Minors and legally incapacitated adults must be accompanied by a legal guardian.
The Hotel reserves the right to request proper supporting documents, in particular proof of identity.
Equipment
All Hotel rooms are furnished and equipped, in particular, with advanced audiovisual technology.
The Client undertakes to use the equipment provided only for its intended purposes and in accordance with the instructions given. Any other use, and in particular any unauthorised handling (such as opening, modifying, or moving the equipment outside the room or the areas for which it is intended), is strictly prohibited.
All repair and/or replacement costs relating to damage caused during the Client’s stay shall be borne by the Client.
Security deposit
A security deposit will be requested on arrival at the Hotel. It will take the form either of a pre-authorisation on the credit card provided on arrival (no amount will be debited) or of a cash deposit (which will not be cashed), and will be used in the event of damage, without prejudice to any other rights and remedies. The security deposit will be returned to the Client at the end of the stay if no damage is found.
Wi-Fi access
The Hotel provides its Clients with free Wi-Fi access.
The Client is solely responsible for their use of the internet and undertakes not to use the access provided by Maison Barbès to commit acts contrary to laws and regulations, public order or public decency, or infringing the rights of others in any way whatsoever.
Pets
Pets are not allowed in the hotel.
No smoking
Smoking is strictly prohibited throughout the Hotel.
ARTICLE 2 – BOOKING ON THE SITE
For any booking of more than 4 rooms, please contact us at reception@maison-barbes.com or by telephone on +33 (0)1 89 16 82 00.
2.1 – BOOKING CHOICES AND PREFERENCES
To make a booking on the Site, the Client is invited to follow the booking process provided for this purpose, entering:
- The desired arrival and departure dates.
- A room category: the Site sets out the features of each room and booking option.
- The number of occupants, including children (baby cot available free of charge on request).
- A choice from a selection of additional services (for example: buffet breakfast, a bottle of champagne, arrival at 1:00 pm, etc.).
- A choice between the flexible booking rate (hereinafter “FLEXIBLE RATE”) and the non-modifiable booking rate (hereinafter “NON-REFUNDABLE RATE”) (see description in 2.2 below).
The Client may go back and change their choices at any time, as long as they have not entered their personal details and confirmed the booking at the Booking Confirmation stage (see 2.3 below).
2.2 – RATES
The NON-REFUNDABLE RATE category is a lower rate in return for a stricter, non-refundable guarantee policy and cancellation conditions.
Guarantee policy: prepayment of the full stay by credit card, charged at the time of booking.
Cancellation and no-show: the amount paid is non-refundable, even in the event of cancellation and/or modification and/or no-show at the Hotel.
The NON-REFUNDABLE RATE BREAKFAST INCLUDED category is a lower rate, including breakfast, in return for a stricter, non-refundable guarantee policy and cancellation conditions.
Guarantee policy: prepayment of the full stay by credit card, charged at the time of booking.
Cancellation and no-show: the amount paid is non-refundable, even in the event of cancellation and/or modification and/or no-show at the Hotel.
The FLEXIBLE RATE category is a higher rate in return for a more lenient guarantee policy and cancellation conditions.
Guarantee policy: all bookings must be guaranteed with a valid bank card.
Cancellation: free cancellation until 3:00 pm (Paris local time) on the day before the scheduled arrival date. After that, the Hotel charges the first night.
No-show: in the event of a no-show at the Hotel, the first night will be charged as compensation.
THE CLIENT IS REMINDED THAT BY CHOOSING THE NON-MODIFIABLE RATE, THEY EXPRESSLY AGREE TO BE SUBJECT TO A STRICTER GUARANTEE POLICY AND CANCELLATION CONDITIONS AS DESCRIBED ABOVE, IN RETURN FOR THE BENEFIT OF A LOWER BOOKING RATE.
2.3 – BOOKING CONFIRMATION AND PAYMENT
At the end of the booking process, the Client must enter the personal details required to process the booking, at least their name and e-mail address (see Article 7 below regarding the processing of personal data).
The Client must then confirm their acceptance of these T&Cs of Sale (available via the link provided for this purpose).
Finally, the Client must enter their payment details and, if the NON-REFUNDABLE RATE has been chosen, prepay the full amount of the booking (see Article 4 below regarding payment).
Once the booking has been made on the Site, the Client will receive an e-mail at the address provided when booking, confirming that it has been registered and including the booking references and, in the case of online prepayment, details of the transaction.
The Client takes all necessary precautions to keep their booking references secret and to prevent any use by unauthorised persons or any infringement. Maison Barbès accepts no liability in the event of loss, theft or unlawful use of the references, nor for errors made when booking.
Any resale or offer for resale, any exchange or offer of exchange, any redistribution or offer of redistribution (including free of charge and/or in particular as part of competitions) of a booking is strictly prohibited. In the event of a breach of this prohibition and, more generally, in the event of fraud (in particular by falsification or attempted falsification), Maison Barbès reserves all rights and actions, including the right to claim damages.
2.4 – PROOF OF BOOKINGS MADE ON THE SITE
Unless proven otherwise, by the means accepted by French courts, the Parties agree and the Client expressly accepts that the data recorded by Maison Barbès when a booking is made on the Site constitutes the sole proof of all bookings made by the Client on the Site, of the conditions under which they were made and of their content.
ARTICLE 3 – PRICES
3.1 – Prices shown on the Site are stated and payable in euros, including VAT. All applicable taxes, in particular the tourist tax and government or local taxes, will be added and must be paid by the Client on site at the Hotel.
3.2 – The Client is informed that the Hotel’s pricing policy takes into account, in addition to the choice between FLEXIBLE RATE and NON-REFUNDABLE RATE, factors such as the booking period and demand.
3.3 – Maison Barbès reserves the right to change the prices shown on its Site at any time, it being specified that services are invoiced on the basis of the rates in force at the time the Client makes the booking.
ARTICLE 4 – PAYMENT
4.1 – The accepted means of payment are specified at the time of booking. Only one means of payment is permitted per online booking.
4.2 – Payment is made at the Hotel on the Client’s day of arrival, unless the selected rate requires prepayment when booking online (see details of the FLEXIBLE and NON-REFUNDABLE rates in Article 2.2 above), in which case the Client’s bank account will be debited after the Client’s final confirmation and acceptance of the booking.
4.4 – Payments on the Site are secured by the Adyen payment system using the SSL encryption protocol. This data therefore cannot be detected, intercepted or used by third parties.
Payment data is not stored on our IT systems either.
For any further information or any payment incident, please contact ADYEN. For more information about Adyen, visit https://www.adyen.com/. Maison Barbès reserves the right to change its payment service provider at any time, offering similar security guarantees.
ARTICLE 5 – NO RIGHT OF WITHDRAWAL – BOOKING CANCELLATION CONDITIONS
In accordance with Article L221-28-12° of the French Consumer Code, the right of withdrawal (provided for in Article L221-18 of the French Consumer Code) cannot be exercised for accommodation service contracts that are to be provided on a specific date or during a specific period.
The cancellation conditions applicable to the Client depend on their choice between FLEXIBLE RATE and NON-REFUNDABLE RATE at the time of booking:
- Cancellation conditions for the FLEXIBLE RATE category:
Free cancellation until 3:00 pm (Paris local time) on the day before the arrival date shown in the booking summary. After that, the Hotel charges the first night.
In the event of a no-show at the Hotel on the arrival date shown in the booking summary, the first night will be charged as compensation.
- Cancellation conditions for the NON-REFUNDABLE RATE category:
The amount paid is non-refundable, even in the event of cancellation and/or modification and/or no-show at the Hotel.
ARTICLE 6 – INTELLECTUAL PROPERTY AND OTHER RIGHTS RELATING TO THE CONTENT OF THE HOTEL AND THE SITE
The Site and all elements of any kind it may contain (including texts, graphics, posters, videos, sound content, images, logos, trademarks, various creations, software, databases, etc.) are protected or may be protected by rights, in particular intellectual property rights and/or third-party rights. Using any feature of our Site and, more generally, browsing it does not entail or imply any authorisation or any transfer, whether partial or total, tacit or express, of any kind whatsoever, relating to the Site, its elements of any kind, and the rights attached to them.
The Hotel, the elements it contains (including logo and trademarks), including the works installed there (paintings, photographs, etc.), and the content that may be viewed there, are protected or may be protected by rights, in particular intellectual property rights and/or third-party rights (hereinafter together “the Protected Elements”). The Client’s stay at the Hotel does not entail or imply any authorisation or any transfer, whether partial or total, tacit or express, of any kind whatsoever, relating to the Protected Elements and the rights attached to them.
The Client expressly undertakes not to make (and not to allow anyone to make) any use whatsoever of all or part of our Site and/or the Hotel and/or all or part of the elements they contain, including the Protected Elements, and in particular any reproduction (including recording, still or moving capture, sound and/or visual), distribution, performance, communication, making available, modification, adaptation, sale, exchange, rental, recording, storage or archiving, by any means and process whatsoever, resulting in an infringement of rights, whether intellectual property rights, personal rights (including image rights) and/or any other rights provided for by the regulations in force and/or recognised by case law. Any person who commits or is an accomplice to all or part of any of these infringements may therefore incur civil and/or criminal liability and is exposed to all appropriate actions by Maison Barbès and/or the rights holders of any of the above-mentioned elements, including the payment of damages and civil and criminal proceedings.
ARTICLE 7 – PERSONAL DATA
The personal data that Maison Barbès may collect and process in connection with the use of the Site by any person is processed in accordance with the amended French law of 6 January 1978 and European Regulation No. 2016/679/EU of 27 April 2016 (the “GDPR”), and in accordance with the Maison Barbès Privacy Policy: Privacy Policy.
The controller of personal data on this Site is: Stéphane OUIMET – direction@maison-barbes.com
Any booking confirmed on the Site implies the Client’s unrestricted and unreserved acceptance of all the conditions for processing their personal data.
Processing of personal data for bookings made on the Site:
To register and process bookings on the Site, Maison Barbès necessarily requires the Client’s name, e-mail address and payment details.
Optionally, and only if the Client agrees to provide this additional information, Maison Barbès may also collect the following data in order to contact the Client more easily and/or offer a more personalised service: first name, telephone number, nationality, and/or any additional information the Client wishes to provide for the purposes of their visit to the Hotel.
The above data is collected and processed for the purpose of concluding and performing the contract between Maison Barbès and the Client, in order to process the booking and for any related communication.
Maison Barbès may also use this data in the context of the business relationship that may arise from exchanges with the Client, and in the legitimate interest of Maison Barbès in keeping an up-to-date database of its clients and prospects.
This personal data is intended for the Maison Barbès teams for the above purposes and, where applicable, for its processors. It is kept for as long as necessary to fulfil the above purposes, as specified in the Maison Barbès Privacy Policy (Privacy Policy), within the limits of the applicable limitation periods. It may be transferred outside the EU by Maison Barbès’s processors. Maison Barbès ensures that all its processors carrying out data transfers outside the EU offer a level of data protection equivalent to that required by the GDPR.
Your rights:
In accordance with the amended French Data Protection Act of 6 January 1978 and European Regulation No. 2016/679/EU of 27 April 2016, you have the right to access, rectify, port and erase your Data, and to restrict its processing. You may also, on legitimate grounds, object to the processing of data concerning you.
You may exercise your rights:
- Via the contact forms on our Site
- By e-mail to: direction@maison-barbes.com
- By post to: Maison Barbès – 4 rue Bervic, 75018 Paris, France
To process your request as effectively as possible, please provide your surname, first name and e-mail address. In the event of reasonable doubt as to your identity, we reserve the right to ask you for a copy of your identity document.
We will reply as soon as possible and in any event within one month of receiving your request; this period may be extended by two further months taking into account the complexity and number of requests.
If you nevertheless consider that we have not processed your personal data in accordance with the regulations in force, you may lodge a complaint with the CNIL (French data protection authority): https://www.cnil.fr/fr/plaintes.
To find out more about how Maison Barbès processes personal data:
Maison Barbès Privacy Policy: Privacy Policy
ARTICLE 8 – LIABILITY
The Client is solely responsible for their use of the Site and for compliance with these T&Cs of Sale, the Terms of Use and applicable current or future standards, and undertakes to ensure that they are complied with by all persons for whom they are responsible (whether children or legally incapacitated adults) and/or by any person acting on their behalf, and/or by any person present in the room(s) they have booked, and provides Maison Barbès with all guarantees in this respect.
The Client irrevocably undertakes to indemnify and hold Maison Barbès harmless against any action, claim or demand by third parties of any kind whatsoever (in particular against any complaint or claim by third parties arising from the use of the Site, breach of the T&Cs of Sale, Terms of Use or the rights of others or public order, etc.) and undertakes to bear the related lawyers’ and/or advisers’ fees and costs as well as any judgments, in particular financial, that may be handed down against Maison Barbès, without prejudice to any damages that Maison Barbès may claim.
8.1 – Client conduct at the Hotel:
The Client undertakes to behave within the Hotel premises in a manner that is not contrary to laws, regulations, public decency and public order.
The Client acknowledges and accepts that, in the event of conduct contrary to the above, Maison Barbès reserves the right to ask the Client to leave the premises without any compensation or refund of sums paid by the Client. If the Client has not already paid for all the services ordered, the Client must pay the outstanding balance before leaving the premises.
The Client is responsible for any act of vandalism, damage, deterioration and destruction and, more generally, for any damage of any kind caused to third parties and/or property in the booked room(s) and/or other Hotel premises or its frontage, which may arise from their stay and/or from the actions of the Client and/or persons for whom they are responsible (whether children or legally incapacitated adults) and/or any person acting on their behalf and/or any person present in the room(s) they have booked. Consequently, in the event of such damage, the Client undertakes to compensate Maison Barbès for the amount of said damage (and is answerable for all the above-mentioned persons), without prejudice to any other rights and remedies of Maison Barbès or third parties (such as the rights holders of Protected Elements – see Article 6 above), in particular for damages.
8.2 – Personal belongings:
Personal belongings left by the Client and/or any accompanying person and/or guest in the Hotel room or in other areas of the Hotel are their sole responsibility. Maison Barbès cannot be held liable for the loss, theft, deterioration of or damage to such belongings.
ARTICLE 9 – FORCE MAJEURE
Neither Party shall be held liable to the other Party for any failure to perform or any suspension of performance of all or part of its obligations (and any resulting consequences) resulting from a case of force majeure, as defined by French law and case law, i.e. any event which, at the time the contract was concluded, was unforeseeable, irresistible and resulting from circumstances beyond the control of the Parties.
ARTICLE 10 – CONTACT, CUSTOMER SERVICE AND BOOKING FOLLOW-UP
- For a booking:
24/7 on: +33 (0)1 89 16 82 00
By e-mail: reception@maison-barbes.com
- To contact the Hotel reception:
24/7 on: +33 (0)1 89 16 82 00
By e-mail: reception@maison-barbes.com
ARTICLE 11 – APPLICABLE LAW – DISPUTES – MEDIATION
Applicable law and complaints handling
These terms are governed by French law. Any dispute relating to their application, interpretation or performance shall be subject to the jurisdiction of the French courts. The Client and Maison Barbès will first endeavour to seek an amicable resolution. To this end, the Client must first notify Maison Barbès of the subject of their complaint by registered letter with acknowledgement of receipt to the following address:
Maison Barbès – 4 Rue Bervic, 75018 Paris, France.
Mediation
In accordance with Article L. 612-1 of the French Consumer Code, within one year of their written complaint, and subject to Article L.152-2 of the French Consumer Code, the Client may submit a request for amicable resolution through mediation to:
Centre de Médiation et d’Arbitrage de Paris (CMAP)
39 avenue Franklin D. Roosevelt – 75008 PARIS
website: https://www.cmap.fr/consommateurs/
online form: https://xrm3.eudonet.com/Specif/EUDO_07073/Extranet/#/en/home