Legacy and Policies

GENERAL TERMS OF SALE

Article 1 – Preamble
These General Terms of Sales (“Terms”) apply to all bookings made through the website http://www.le-poseidon.com/ (the “Website”) by a Customer (“Customer”).
In making a booking the Customer fully and unreservedly accepts these Terms.
The Customer of the Website http://www.le-poseidon.com/ expressly acknowledges that prior to making any booking he or she has fully read and understood these Terms and unreservedly accepts them.
Our Company reserves the right to amend these Terms at any time. The general terms of sale applicable to a booking are those displayed on the Website on the date that the booking is recorded.
The Terms applicable to the booking of a reservation or service by a Customer are those in effect on the date of booking.
The key features, prices and availability dates of the proposed accommodation are presented during the booking process.

Article 2 – Scope of application of General Terms of Sale – Purpose
These general terms of sale fully define all the rights and obligations between the Company ESAT Le Poseidon and the Customer wishing to purchase the services offered for sale on the Website www.le-poseidon.com/. The procedures and conditions for booking rooms in our hotel applicable between our hotel and the Customer are governed by these general terms of sale. They govern all steps in the sale, from making the reservation, to the warranty for the products ordered, including payment, delivery, and the Customer’s right to cancel.
Please note: As your booking for one or more rooms of our hotel is being made online, your agreement to the content of these general terms of sale does not require your handwritten signature.
Our hotel may periodically amend the Terms and ask customers to note the version in effect on the date of booking.
For this purpose, the Customer may download, save, copy and print the Terms.
The booking of rooms and services at our hotel through the Website is strictly reserved for private individuals for personal use and not for any business purpose.

Article 3 – Booking

The Customer may book, through the Website, for personal use only, a maximum number of rooms per booking. For bookings for business purposes such as meetings, seminars and conferences, you must contact us by phone.
In using the Website, you confirm that you are of at least legal minimum age and have the legal capacity to enter independently into a contract.
In completing the booking process you are deemed to have accepted your booking.
To confirm a booking, you must first identify yourself. For this purpose, you must follow the online instructions and fill in the form asking for your personal information.

Article 4 – Booking process

The Customer must book via the electronic booking form on the Website.

The booking is considered completed once the booking form or booking request has been received by our hotel, or when prepaid online by credit/bank card.

All bookings require the following steps: • you state what you are looking for • we offer one or more options • you select your preferred option • a summary of your booking is displayed (details and total price) • you check and if necessary correct your booking • you definitively confirm your booking after accepting our general terms of sale • you may be required to pay your booking via a secure online process • a detailed confirmation of your booking is displayed on your screen (for you to print and keep) • within one hour you will receive a detailed confirmation sent to the email address that you provided at time of booking. Your booking is not final and binding until you have received our confirmation.

Article 5 – Customer service

Customers with complaints or claims relating to a hotel booking may contact our customer service at:

– Tel: 04.94.11.02.80
– Email : resa.poseidon@presence83.fr
– Address: 255 Avenue Ch. De Gaulle – Allée Marie – 83500 LA SEYNE SUR MER

Article 6 – Cancellation or amendment by Customer

In accordance with Article L. 121-21-8 12 of the French Consumer Code, the Customer does not enjoy the cancellation rights provided in Article L. 121-21 of the French Consumer Code.

The terms and conditions of sale at the booked price specify the conditions for cancelling and/or amending the booking.

If permitted by the terms of sale at the booked price:

o The booking may be cancelled directly via the Website;
o The booking may be amended by contacting our hotel directly, whose phone number is shown on the booking confirmation email.

Should the Customer cut their stay short, the full agreed price shall be payable and retained. If the booking has been prepaid, no refund will be given if the Customer cuts his or her stay short.

Unless otherwise specified in the option chosen by the Customer, the Customer must vacate the room by 12 pm (noon) on the end-date of the booking. Failure to do so will incur the charge for an additional night.

Article 7 – Hotel stay

The Customer promises to use the room in a prudent and responsible way. Behaviour offensive to morals and public order entitles our hotel to evict the Customer without compensation, and without refund if prepaid. If the booking has not been prepaid, the Customer must pay for the nights used prior to leaving.

The Customer accepts and promises to comply with the hotel’s Internal Rules. Should the Customer breach an Internal Rule, our hotel shall require the Customer to vacate the establishment without compensation.

Article 8 – Reassignment

Should the hotel for reasons beyond its control not be able to honour the booking it accepted, it will make best efforts to reassign you at its own cost to a hotel of equivalent or higher rating nearby.

Article 9 – Liability

The photos posted on our hotel’s Website are not contractual. Although every effort has been made to ensure that the photos, graphics and wording used to illustrate our hotel are as accurate as possible, renovations and rearrangements may have made them out of date.

Our hotel shall not be liable for being unable to fully comply with your booking due to force majeure, actions beyond our control by third parties, actions by the Customer, internet unavailability including inability to access our Website, hacking, computer viruses, or due to unauthorised prepayment by your bank.
Our Website contains links to other websites over which we have no control. Our hotel is not responsible for the content of any third-party websites that you decide to visit by clicking from our Website.

Bookings or payments that are suspect, unenforceable, incomplete or fraudulent for reasons considered attributable to the Customer will be cancelled and charged to the Customer, without prejudice to any civil or criminal legal proceedings against the Customer.

Article 10 – Complaints

Complaints and claims of non-performance or of poor performance of hotel services must, in order not to be dismissed, be brought to the attention of our Company in writing within eight days after vacating the hotel either directly to the hotel or to the Customer Service department indicated above.

Article 11 – Price

The prices for booking all services are shown before and during the booking process.

The prices shown are understood to be per room for the number of person(s) and date(s) selected.
The price is confirmed to the Customer as a price inclusive of all taxes, in the hotel’s business currency (which in some cases may differ from the hotel’s local currency), and is valid only for the period of time indicated on the Website.

Should a charge at the hotel be calculated in a currency other than the booking currency, any foreign exchange conversion fee will be charged to the Customer.

All bookings, regardless of origin, are payable in the hotel’s local currency, unless agreed otherwise.

Unless otherwise specified on the Website, additional services (breakfast, half-board, full board…) are not included in the price. Unless otherwise specified for multi-hotel services, breakfast is not included in the price.

Tourist tax (taxe de séjour) is shown on the prices page and must be paid directly at the hotel unless prepaid online or is included.

The price includes the VAT applicable on the date of booking and any increase in the applicable VAT rate will automatically be added to the prices indicated at time of booking.

Any change to or introduction of new statutory or regulatory taxes imposed by competent authorities will automatically be added to the prices shown at date of booking.

Foreign exchange rates are indicative only and are not contractual. Only the currency confirmed at booking is guaranteed (if different from the hotel’s operating currency) and all foreign exchange fees are charged to the Customer.

If a booking specifies a payment by the Customer to the hotel at arrival or departure in a currency that is not the hotel’s operating currency, the price charged by the hotel may differ from the price indicated at time of booking, as exchange rates may have changed between the booking date and the hotel stay date.

When confirming the Customer’s booking, our hotel will indicate the total amount of the booking.

Prices may be increased by applicable taxes varying by city and region. The Customer undertakes to pay all taxes without claiming them against our hotel.

Article 12 – Payment
The payment provider is the only party authorized to choose which credit/bank cards are accepted for payment when booking via the Website.
In providing its bank details, the Customer agrees unreservedly for our hotel to perform a secure transaction. Accordingly, the Customer authorizes the bank to debit from the Customer’s account the amounts corresponding to the statements submitted by our hotel or by any company the Customer has designated, even if the accountholder has not signed the invoice.
For card payments on our Website, the electronic certificate issued by the telepayment manager shall constitute proof of the amount of the transaction, in accordance with Articles 1316 et seq of the French Civil Code, and consistent with the electronic archiving operated by our Company. In this respect, the dates and times on the server shall be binding on all parties.
The Customer will be given an invoice at time of checkout.
Should for any reason (Customer objection, rejection by card payment centre…) it is impossible to debit the amounts owed by the Customer, the booking will not be recorded by our hotel.
The amount owed by the Customer is the amount indicated on the booking confirmation emailed to the Customer.
The payment will be made directly to the hotel upon arrival or will be prepaid, depending on the agreed Terms.

Our hotel reserves the right to reject any existing online booking if the Customer has failed to pay a previous booking in whole or in part, a legal action for non-payment remains unresolved, a credit/bank card payment has been rejected in whole or in part, or the Customer is implicated in fraudulent or unlawful activities or purposes. Our hotel shall have no liability in any such cases.
When prepaying, the amount debited at booking includes the price of the accommodation, related accommodation taxes, meals if breakfast selected, catering taxes and all other additional services selected by the Customer.

Any prepayment made online, minus arrears owing, is deducted from the booking amount.

Article 13 – Cancellation or non-arrival (no-show) at hotel

The cancellation terms, and the consequences for the Customer not arriving at the hotel, depending on the package selected by the Customer, are described in the general terms of sale.

Article 14 – Data Privacy

Our Website is committed to protecting your personal data and privacy.

When you visit our Website, we may ask you for information to fill in forms or create a customer account. Mandatory information is indicated by an asterisk and is mandatory because without it we cannot process your request. This information is for our hotel to be able to record and process your booking and manage your account.

Any data sent to our hotel is used only by our Company.

Please note that when you book, our hotel collects personal data. We need your personal information to process your booking and to be able to communicate with contractual parties solely for the purposes of your booking.

We may also ask you, by email, to confirm your identity and your address, and potentially for a partially masked scan of the front and back of your credit/bank card (although you will never have to communicate your security code on the back), solely for the purpose of protecting you against fraudulent transactions. These measures provide you with better security, and confirm to us that you are the owner of the card used.

If you cannot provide the requested proof or if the documents you provide are inconclusive and do not permit our hotel to be sure of the identity of the person making the booking, their address or their ability to pay, our hotel is entitled to cancel your booking.

Under the French Data Privacy Act (Loi Informatique et Libertés) of 6 January 1978, you have the right at any time to see, correct and challenge any information about you, by writing a letter or email, including proof of identity, to our Company at the following address: 255 Avenue Ch. De Gaulle – Allée Marie – 83500 LA SEYNE SUR MER.

Based on your choices when you created or last consulted your account, you may receive offers from our hotel. If you do not want to receive them, you may unsubscribe at any time via your Customer space or by writing to us at the following address: 255 Avenue Ch. De Gaulle – Allée Marie – 83500 LA SEYNE SUR MER.

Please note: This automated information processing, in particular of users’ email addresses, has been declared to the French Data Protection Commission (CNIL).

Article 15 – Evidence

Emails between parties, and the automatic recording systems used at the Website, are binding as regards the type and date of the booking.

Our hotel and the Customer expressly agree that electronic communications have the same probative value as physical documents.

Our computer records, kept secure and backed-up, are proof of communications, bookings and payments.

Article 16 – Force Majeure

Force Majeure is understood to mean any event that is unforeseeable and beyond the control of any contractual party that may prevent the Customer or our hotel from carrying out their contractual obligations. Acts of god or force majeure are those recognized in case law by French courts.

Neither party shall be liable to the other party for non-performance of an obligation due to force majeure. It is expressly agreed that force majeure suspends the obligation to execute a contractual obligation and that all parties shall bear the costs flowing from it.

Article 17 – Applicable law

These General Terms of Sale are governed by French law without removing any protective rights applicable in the Customer’s country of residence.

Article 18 – Comprehensiveness – Scope of Terms

These General Terms of Sale, the terms and conditions applicable to the prices booked by the Customer, and the booking form or request, constitute and state all the obligations of the parties.

No other general or special condition communicated by the Customer shall impact these General Terms of Sale.
Should any provision of these Terms be ruled invalid due to the wording of a law or regulation or as the result of a binding court ruling, the remaining provisions shall remain in effect.