GENERAL TERMS AND CONDITIONS OF SALE.
The used terms expressed herein including a capital letter without being defined beforehand get the meaning given hereafter:
« Customer » or “Guest” refers to a physical person, of age, acting for his personal needs and having full legal capacity to commit to the terms presented herein.
« General terms and conditions of sale ‘to the reserved rate’ » or “the GTCS” mean the specific terms and conditions of any room booking made by the Customer.
« Booking confirmation » is defined by the document summing up the details of the customer’s booking sent by the website or the Hotel to the Customer.
« Booking request » refers to any booking request for a hotel room made by the guest.
« Hotel » means BERCAIL HOTEL, which headquarter is located to the following address: 60, avenue de l’ Espace – 59118 WAMBRECHIES.
« Partners » defines any service providers who have concluded a contract of service delivery or an agreement of partnership with the Hotel.
« Service » designates any service of booking for hotel rooms made by the customer on the website of the Hotel.
« Hotel Website» names the official website dedicated to the hotel that the guest access to the following address: https://www.bercail.com
I. ACCOMODATION.
Article 1 – Scopes of application.
The general terms and conditions of sale herein expressed apply, without restriction or reservation, to any purchase of services of hotel room booking and of additional services (“the Services”) proposed by the hotel (“the Service Provider” or “the Hotel) to consumers and non-professional customers (“the Customers” or “the Guests”) on the hotel website. The main features of the services are submitted on the hotel website. The Customer is under the obligation to read the GTCS before booking. The choice and the purchase of a service is under the Customer’s own responsibility.
The Customer states:
. Having full legal capacity to commit according to the GTCS herein exposed.
. Booking hotel rooms and additional services for his own personal needs.
. Being able to save and print these GTCS.
The contact details of the Hotel are the following ones:
Hotel BERCAIL
60, Avenue de l’ Espace
59118 WAMBRECHIES
These terms and conditions are to be applied aside from any other terms and conditions, and particularly those applied to any other service marketing channels.
It is reported to the Customer that the Hotel enters into agreements of partnership with any other travel suppliers to provide him to look, choose and book rooms in the hotel. Any reservation of hotel rooms realised in these conditions involves the consultation and unreservedly full agreement by the Customer of the Service Provider’s conditions, the terms of booking rates and the GTCS herein presented. The Customer declares having obtained all the necessary and available information from the Hotel on the website. The GTCS herein expressed are accessible at any time on the Hotel Website and will prevail over any other version or any other contradictory document. Unless proven otherwise, the registered data in the provider’s computing system constitutes the evidence of the whole transactions dealt with the Customer. Thus, the bank data keyboarding, the agreement with the GTCS, the sale terms of rate or the request for any reservation have the same values between the Hotel and the Customer than any other handwritten signature over any paper copy. The computer Registers kept in the hotel software will be retained for reasonable conditions of security and considered as evidence of communication, order and payment between the Hotel and the Customer.
The Hotel ensures the preservation of the writings stating the conclusion of the contract in electronic or paper format.
The Customer is informed that his IP address gets recorded at the booking time.
In accordance with the IT and Civil Liberties Act of January 6th, 1978, the Customer has the legal right at any time to get access, to rectify and to oppose his whole personal data by writing by mail and providing any identity proof to: Hotel BERCAIL – 60, avenue de l’ Espace – 59118 WAMBRECHIES.
The general terms and conditions of sale herein reported also include the Charter on Personal Data.
The Guest declares to get acquainted with the GTCS herein expressed (including the Charter on Personal Data) and to accept them by ticking the box provided for this purpose before the implementation of the online booking process as well as the General terms and Conditions of Use of the hotel website.
The validation of any service reservation by the Customer is used as an agreement without restriction or reservation of these GTCS (including the Charter on Personal Data).
The Customer reports getting the required ability to contract and to get the proposed Services on the Hotel Website.
Those General terms and conditions of sale herein expressed may change regarding design and delivery; the applicable sale version for the Customer is the current one on the website at the time of booking.
The general terms and conditions of sale are applicable for the timeline of the online information about the Services proposed by the Hotel on the Hotel website. The Hotel reserves the right to temporarily or definitively close access to its website.
Article 2 – Booking.
The Customer selects on the website the services he desires to book, according to the following terms and conditions:
Selection of the room type and the rate
Selection of additional service provision if necessary
Checking and validating any booking detail, the full booking amount, the terms and conditions of rate.
Indication of his contact details.
Keyboarding the information of his credit/debit card in guarantee or prepayment case.
Consulting and accepting the general terms and conditions of sale and those regarding the chosen rate before confirming his booking.
Booking confirmation.
The Customer acknowledges having taken note of the nature, the destination and the terms of his booking for the Services proposed by the Hotel and having requested and obtained the necessary information to perform booking, in full knowledge of evidence. He is responsible for his own choice of services in line with his needs, in such a way that The Hotel responsibility cannot be liable for this purpose.
The Customer commits to complete any asked information about his booking request and states the veracity and correctness of the passed data.
The contract information is presented in French language and constitutes a confirmation not later than the timeline of the booking validation by the Customer.
For any booking exclusively made online, the booking recording on the Service Provider’s website is realised when the Customer agrees with the general terms and conditions of sale herein expressed by ticking the box provided by this purpose and validates his booking. The Customer may check his booking details, its rate and correct potential mistakes before confirming his agreement (article 1127-2 of the French Civil Code). This validation implies the agreement of the wholeness of these GTCS and constitutes evidence of the sale contract.
Thus, it belongs to the Customer to check the accuracy of the booking and to notify immediately of any mistake.
The sale of Services will be considered as definitive only after sending to the Guest the confirmation of the booking agreement with the service provider, by email and after collecting the payment of the whole rate by the last one.
Any booking made on the Hotel website constitutes the creation of a contract remotely concluded between the Customer and the Service Provider.
The Hotel reserves the right to cancel or refuse any booking from a Customer with whom there exists a litigation regarding the payment of a previous booking.
Each booking is nominative and cannot be transferred to anybody else in any way.
Cancellation of a booking with a flexible rate:
In case of cancellation of any booking with flexible rate by the Guest after the Hotel’s approval less than 48 hours before the target date of his stay, for whatever reason, an amount corresponding to the global rate of the first night will be acquired as of right to the Service Provider and charged to the Customer, based on damages, to right the wrong.
Cancellation / Modification of a booking with a non-flexible rate:
In case of cancellation or modification of a non-flexible rated booking by the Customer, for whatever reason, an amount corresponding to 100% of the global prepaid rate will be acquired as of right by the Service Provider and charged to the Customer. The same will apply in case of the Customer’s non-presentation on the scheduled date of his arrival.
ARTICLE 3 – RATES.
The Services proposed by the Provider are delivered at the rates in use on the Hotel website while recording the booking by the Provider. The rates are expressed in Euros, tax-free and all taxes included.
The rates allow for possible cuts with which the Hotel would have agreed in the conditions defined on the Hotel website.
Those rates are firm and non-subject to revision for their validity period, such as indicated on the Hotel website, the Provider reserves the right, aside from the validity period, to modify the rates at any time.
The rates are indicated before and for the booking made by the Customer. They include the room type, the number of persons and the selected date.
The rates are confirmed to the Customer in an all-taxes included amount (except city taxes) in the Hotel trading currency. They include the VAT at the rate applicable at the booking date; any change of the rate applicable to the VAT will be automatically impacted on the rates indicated at the invoicing time. The same will apply for any modification or instauration of new legal or reglementary taxes submitted by the relevant Authorities.
The rates don’t include the City Tax payable directly on site among the Hotel.
The Customer undertakes to settle payment of those different taxes without any objection to the Hotel.
Unless otherwise stated on the Website, the additional services (breakfast, etc) are not included in the rate.
Foreign currency conversion is given for contractual and non-contractual information purposes. If a rate implies a direct payment to the Hotel for the Customer’s arrival or departure and the Guest’s currency is not the same as the Hotel’s one, the rate debited by the Hotel likely to be different from the one communicated for the booking time, considering the evolution of the change rate between the booking date and the payment date.
An invoice is established by the Service Provider and given to the Customer while supplying the reserved Services.
ARTICLE 4 – PAYMENT TERMS.
In case of direct payment on the booking day (non-flexible rate):
The rate is directly paid in its wholeness the day of the booking confirmation by the Customer, according to the terms reported at the article “Booking” hereafter, by secure payment:
By credit or debit cards: Visa, MasterCard, American Express, any other cards (Ecard).
While booking, the Customer communicates his bank information indicating the name of the bank card, its number, its validity date (the bank card has to be available until the date of check-out) and its cryptogram.
The payment details are changed into an encrypted mode with the SSL protocol.
The Customer will show up at the Hotel with the bank card that afforded him to realise the booking payment. He will be requested to present identity evidence within the scope of the procedures of prevention against credit card fraud.
The Service Provider will not have to proceed with the supplying of the Services ordered by the Customer if the rate has not been previously paid in its wholeness in the terms and conditions beforehand indicated.
The payments settled by the Customer will only be considered as permanent after factual withdrawal of the amounts required by the Service Provider.
In case of direct payment when supplying the Services (flexible rate):
The rate is cash payable, in its wholeness the day of supplying the ordered Services in the terms and conditions reported to the “Services Supply” Article indicated hereunder and as reported on the invoice given to the Customer, by secure payment:
By bank card: Visa, MasterCard, American Express, any other card (Ecard).
The payment details turn into an encrypted code with the SSL protocol.
The Hotel requires the Guest upon arrival to settle a refundable deposit or to authorise the debit of his credit/debit card, in order to ensure the payment of the amounts corresponding with any service used on site or with any possible deterioration or damage. For the regular corporate customers’ contributors, the guarantee deposit will not be due upon arrival. In return, the wholeness of non-paid services and the observed deteriorations will be invoiced to their employer.
The Hotel will be able to request the Customer to provide identity evidence in accordance with the procedures of fight against credit card fraud.
The Service Provider will not have to proceed with the supply of the Services ordered by the Customer if the rate has not previously been paid in its wholeness in the terms and conditions expressed above.
The payments settled by the Customer will only be considered as definitive after factual receipt of the amounts required by the Provider.
ARTICLE 5 - SUPPLYING SERVICES.
The Services reserved by the Customer, which include the services of booking hotel rooms and ancillary services, will be provided according to the following terms, under the conditions provided for in these general terms and conditions of sale supplemented by the conditions of sale of the Rate for which the customer has read and accepted when booking on the hotel’s website.
Upon arrival, the Customer will be asked to present his identity document in order to ensure his obligation to complete a Police form. Moreover, a deposit will be requested from the Customer by pre-authorization by credit card or cash.
The Hotel is a completely non-smoking area. The Customer will be held responsible for direct and/or indirect consequential damages resulting from the action of smoking in the Hotel. Therefore, he will be liable for the full amount of the cost of cleaning and restoring the damaged element or space to its original state.
Animals are not allowed in the establishment.
The Customer’s personal belongings left in the Hotel room or in the Hotel public areas are entirely his responsibility. The Hotel cannot be held responsible for the loss, theft, deterioration or damage caused to the said belongings.
The Customer accepts and undertakes to use the room as a good father. Furthermore, any behaviour contrary to morality and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation and/or without any refund if a payment has already been settled. In the event that no payment has yet been made, the Customer has to pay the rate of the nights consumed before leaving the establishment.
The Customer will be held liable for all direct and /or indirect consequential damages, of which he is the author, observed in the reserved room or that he could cause within the Hotel. Consequently , he commits to compensate the Hotel for the amount of the said damages, without prejudice to any damages that may be due, costs of proceedings and lawyers hired by the Hotel.
A wifi access (paid or free) allowing customers to connect to the internet may be offered according to the Hotel’s policy in force. The Customer undertakes that the computer resources made available to him by the Hotel will not be used in any way for the purposes of reproduction, representation, provision or communication to the public of works and objects protected by copyright or any related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code where such permission is required. If the Customer doesn’t comply with the aforementioned obligations, he could be accused of an offence of counterfeiting (article L.335-3 of the Intellectual Property Code), punishable by a €300.000 fine and a three-year imprisonment. The Customer is also required to comply with the security policy of the Hotel’s internet service provider, including the rules for using the security assets implemented with the aim of preventing the illicit use of computer resources and to refrain from any act that undermines the effectiveness of these assets.
Unless expressly provided otherwise, the Room will be made available to the Customer the day of his arrival at 3 pm and the Guest will leave the room on the day of his departure at 10am. Otherwise , an additional night will be charged to the Customer. The Guest will have to check his departure date. In case of early departure, a fee equivalent to a one-night stay will be charged, unless the Customer has notified the Hotel at least 24 hours before his departure.
The Provider commits to use its best efforts to provide the Services reserved by the Customer in the context of an obligation of means.
The Customer will be granted an eight-day period with effect from his date of departure from the Hotel to issue written reservations and claims relating to the Service provision, with all supporting documents, against the Hotel.
No complaint could be legitimately accepted in case of non-respect of these requirements and deadlines by the Guest.
In the absence of reservations or claims expressively issued in this deadline by the Customer when receiving the Service, these ones will be deemed to comply with the order, in quantity and quality.
In case of change of the locations of the booking:
In any exceptional situation, in case of absolute necessity or impossibility to make the booked room available to the Customer, the Hotel reserves the option to accommodate totally or partially the Guest in a hotel of the same category, for services of the same nature and subject to the Customer’s agreement.
Article 6 - RIGHT OF WITHDRAWAL.
In conformity with the article L.221-28 of the Consumption Code, the Guest has no right of withdrawal laid down in Article L.221-18 of the Consumption Code, due to the nature of the services provided.
Therefore, the contract is permanently concluded upon booking by the Customer in accordance with the clauses determined in the GTCS herein expressed.
ARTICLE 7 - THE PROVIDER’S RESPONSIBILITY-GUARANTEE.
The Service Provider ensures, in accordance with legal requirements and without additional payment, the Guest, against any non-conformance or any latent defect, coming from a default of realisation of the Services reserved and actually paid in the conditions and in accordance with the clauses defined by the GTCS herein presented.
The Services provided through the Hotel’s website comply with the regulations in force in France. The Provider’s responsibility could not be undertaken in case of non-respect of the legislation of the country, in which the Services are provided; the Customer, who is only responsible for the choice of the ordered services, has to check.
ARTICLE 8 - DATA PROTECTION.
In compliance with French Law 78-17 of 6 January 1978, it is recalled that the nominative data that is requested from the Customer are necessary to process his booking and to issue an invoice, inter alia.
These data are processed and designated to the Hotel and may be communicated to potential partners in charge of the execution, the processing, the administration and the payment of any booking as well as the Customer’s stay.
Furthermore, the Hotel may send by mail to the Guest: his information mail, special offers and a satisfaction survey after his hotel stay.
The processing of the information communicated through the Hotel's website has been the subject of a statement to the CNIL.
The Customer has, in accordance with the French and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right may be exercised under the conditions and according to the modalities defined on the Hotel's website.
The wholeness of personal data will be automatically deleted after two years.
ARTICLE 9 - INTELLECTUAL PROPERTY.
The content of the Hotel's website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a counterfeiting.
ARTICLE 10 - UNFORESEEABILITY.
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all Service Provider operations to the Customer. The Service Provider and the Guest,each of them, therefore waives the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseeability, which is provided for therein, undertaking to fulfil his obligations even though the contractual balance is being upset by any unforeseeable circumstances when concluding the sale, although their execution would be excessively expensive and to withstand all the economical and financial consequences.
ARTICLE 11 - FORCE MAJEURE.
No case of force majeure could be accepted for any cancellation, aside from a COVID case with a certificate of a positive test.
ARTICLE 12 : MISCELLANEOUS PROVISIONS.
These General Terms and Conditions of Sale, the Personal Data Charter, the Terms of Sale of the rate reserved by the Customer, the Booking Request, the Booking Confirmation by the Customer, constitute the entire agreement of the parties within the limits of its purpose. They shall replace and cancel, accordingly, in this limit, any verbal or written agreement that may be prior to them.
No tolerance, whatever its nature, magnitude, duration or frequency, may be considered as creator of any right and may not lead to limit, in any way whatsoever, the possibility to invoke each of the clauses of these GTCS, at any time, without any restriction.
Any clause of these General Terms and Conditions of Sale that may be declared null or unlawful by a judge would be ineffective, but its nullity could not affect the other stipulations, nor affect the validity of the GTCS as a whole or their legal effects.
ARTICLE 13 - GOVERNING LAW.
The General Terms and Conditions of Sale herein expressed and the operations resulting from them are governed by and subject to the French law.
These GTCS are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in the event of a litigation.
ARTICLE 14 - LITIGATIONS.
All litigations, to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale, could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their aftermath and which could not have been resolved between the Hotel and the Customer will be subject to the competent courts under the conditions of common law.
The Customer is informed that he may in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Mediation Code, art. L 612-1) or any alternative mode of litigation resolution (e.g. conciliation) in the event of a dispute.
ARTICLE 15 - PRE-CONTRACTUAL INFORMATION - CUSTOMER’S ACCEPTANCE.
The Customer acknowledges having been informed, prior to the booking processing and the contractual conclusion, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
. the essential characteristics of the Services, in light of the used communication medium and the concerned Service;
. the rate of the Services and additional fees;
. in default of immediate performance of the contract, the date or period within which the Service Provider undertakes to provide the reserved Services;
. information relating to the Service Provider’s identity, his postal, telephone and electronic contact details, and its activities, if they are not apparent from the context,
. information relating to legal and contractual guarantees and how they are implemented;
. the functionalities of the digital content and, where applicable, its interoperability;
. the possibility of resorting to conventional mediation in the event of a litigation,
. information about important contractual conditions.
. accepted means of payment.
The fact that a natural person (or legal entity) makes a reservation on the Hotel's website implies adherence and full acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly acknowledged by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Service Provider.
ARTICLE 16 - RESPONSIBILITIES.
Bercail cannot be held responsible for the loss of personal belongings of the organisers or their guests. However, we will do their utmost to help you in your research.
RECEPTION.
ARTICLE 1 - RATE.
All Rates are expressed in euros and are mentioned excluding taxes (20% and 10% to date). The prices of our quotes are firm, unless the VAT rate in force changes.
ARTICLE 2 - BOOKING / CANCELLATION.
Available dates can be booked upon request. In the event of a placed option, this one is valid for 8 days (renewable if the date remains free and at the Customer’s explicit request). Booking confirmation will only take place after the signature of a quote, these conditions and the payment of a deposit to the height of 30% of the said quote.
In case of cancellation less than 7 days before the reservation begins, the customer will be liable up to 30% of the signed quote. In case of cancellation within 72 hours before the start of the reservation, the compensation will amount to 70% of the signed quote.
No case of force majeure can be retained for any cancellation, except the COVID case on proof of a positive test certificate.
ARTICLE 3 - ORGANISATION.
The Customer commits to modify , at least 48 hours beforehand, the exact number of waited persons when receiving. This number will be only recognised and counted for the invoicing.
ARTICLE 4 - RESPONSIBILITIES.
Bercail cannot be held liable for the loss of personal objects belonging to the organisers or their guests. However, we will do the utmost to help you in your quest.
ARTICLE 5 - CONDITIONS OF PAYMENT.
The Customer undertakes to pay the amount of the invoice upon receipt thereof. The deposit paid will be deducted from the overall cost of reception.