Business name of operating company: SOCIETE D’EXPLOITATION HOTELIERE AIGLE NOIR – SEHAN
Telephone: +33 (0)1 60 74 60 00
Share capital: 8 000 €
Individual VAT number: FR75 419536370
SIRET number: 419 536 370 00051
Photo credit: © Maxime Ledieu - Béatrice Lécuyer-Bidal, Istock -
The purpose of these general conditions dated January 1, 2020 (hereinafter the "General Conditions") is to define the terms and conditions under which AIGLE NOIR HOTEL allows its customers (hereinafter the "Customer (s)") ) to benefit from all the services, in particular reservation, available on this Site and described more fully below (hereinafter together the “Services”).
Prior to any reservation of a Service on the Site, the Customer declares (i) that he is acting for personal purposes which are not part of his commercial, industrial, craft, liberal or agricultural activity and (ii) have full legal capacity allowing him to commit under these General Conditions
The Customer is invited to carefully read these General Conditions, the prior acceptance of which is compulsory for the reservation of any Service offered on the Site. It is recommended that all Customers save and print these General Conditions using the standard functionalities of their browser and computer.
L'Aigle Noir Hôtel reserves the right to modify or supplement, in whole or in part, these General Conditions at any time. In this case, the new version of the General Conditions will be available on the Site with its date of entry into force. Customers are advised to regularly consult the General Conditions to be aware of any possible modification. In any event, the Customer will only be bound by the one version of the General Conditions in force at the time when the Customer makes the reservation for his Service
The Customer is only required to pay, if applicable, all of the technical means giving him access to the Site.
2. DESCRIPTION OF SERVICES
2.1 SERVICES at The Black Eagle Hotel
L'Aigle Noir Hôtel offers on its Site (i) Reservation services for hotel rooms or other types of accommodation (“Accommodation Services”) (2.1.1) and (ii) services complementary to said Services ( "Additional Services") (2.1.2).
The Accommodation Services and the Additional Services are hereinafter collectively referred to as the “L'Aigle Noir Hôtel Services”.
2.1.1 ACCOMMODATION SERVICES
The Site allows the reservation of rooms in the L'Aigle Noir Hotel (hereinafter the "Establishment").
The essential characteristics, the dates of availability, the price, the options offered, the payment conditions and the special conditions of sale applicable to the selected tariff (guarantee policies, cancellation conditions, time of registration, conditions of the member tariff, etc.) of the proposed Establishment are presented during the booking process as described in article 3 below.
In this regard, it is specified that the Establishment has its own specific conditions of sale applicable to the selected rate also available on the Site (hereinafter the "Special Conditions") which are brought to the attention of the Customer before any reservation on the Site. Thus, by way of example, the Registration and departure times, the warranty policy, the cancellation period, access to WiFi, the specific conditions applicable to children, the specific conditions may be detailed in the Special Conditions. eligibility of animals as long as they are kept on a leash or in a cage in the common areas of the establishment (for hygienic reasons, animals are never allowed in the catering rooms).
Finally, in application of the regulations in force in certain countries, the Client may be asked, upon arrival at the Establishment, to fill out a police form. To do this, the Customer will be asked to present an identity document in order to check whether or not it must complete the police form.
2.1.2 ADDITIONAL SERVICES
The Site also allows the reservation of Additional Services, such as breakfast, a bottle of champagne on arrival of the Client or the upgrade of Accommodation Services.
Complementary Services also cover travel services within the meaning of article 3.1 of Directive (EU) 2015/2302 of 25 November 2015 relating to package travel and related travel services, which may form with Accommodation Services either a "linked travel service" or a "tourist package" according to the criteria specified by the said Directive. This information is communicated to the Customer before booking these services in the Special Conditions specific to each offer.
2.2 PARTNER SERVICES
L'Aigle Noir Hôtel may be required to conclude partnership and distribution contracts with third party websites ("Partners") in order to allow the Client to search, select and reserve rooms in his establishment in this case, applicable sales conditions to these Partner Services are available on the Partner's website.
3. RESERVATION ROUTE
The Customer chooses any Service presented on the Site or those of its partners by following the route provided for this purpose.
3.1 RESERVATION OF AIGLE NOIR HOTEL SERVICES
Reservations for AIGLE NOIR HOTEL Services are made by the Client on the Site.
The booking route varies according to the navigation and the request of the Client; it includes the following stages:
- Step 1: enter the dates of stay, the number of adults and children, and then be able to display in the following step:
- Step 2: the price and details of all the options offered (example: breakfast if I chose a breakfast rate not included)
- Step 3: the price and the proposed detail of the Cancellation insurance, the total price of the reservation including the details of the applicable taxes and all the applicable Special Conditions (guarantee policies, cancellation conditions, check-in time, etc.) , The summary of the reservation of the Service (s) with: (i) the reminder of the main characteristics (length of stay, characteristics of the Accommodation Service and / or the Additional Service (s), amount including tax with details of the applicable taxes) and, (ii) the Customer's information of his contact details by filling in all the mandatory fields (indicated by an asterisk) as well as his information. Room occupancy and any Requests;
- Step 4: finalization of the reservation of the Service (s) by the Customer with: (i) the information of his means of payment, either in case of prepayment of the reservation, partial or total, before the stay , either in the event of a request for a reservation guarantee for the Accommodation Services and: (ii) consultation and acceptance of the General Conditions and Special Conditions relating to the reservation before its validation by the Client;
- Step 5: taking into account the reservation of the Service (s) by the AIGLE NOIR HOTEL;
- Step 6: an email confirming the reservation of the Service (s) is sent to the Customer summarizing the Service (s) reserved, the price (s), the Special Conditions accepted by the Customer, the date of the reservation made, the information relating to after-sales service and access to the General Conditions as well as the address of the Establishment to which the Customer can submit complaints.
All reservations are deemed to have been made upon receipt by the Customer of the confirmation email.
The Customer can make a reservation for Services at the Aigle Noir Hotel on behalf of one or more other person (s), within the limit of 10 (ten) rooms maximum. Beyond this, the reservation made by the Client will be subject to the conditions applicable to groups and available on the website. For reservations concerning business groups, meetings, seminars, etc., it is necessary to go to the dedicated section Companies / PRO.
3.2 RESERVATION OF PARTNER SERVICES
Reservations made by the Customer via Partner Services are made through the website and mobile services of each Partner. The reservation is made directly between the Client and the Partners, following the steps on the Partners' website and mobile services.
4. PRICES AND PAYMENT
The prices relating to the reservation of the Services are indicated before, during and after the reservation.
For Accommodation Services, the prices indicated are per room for the number of people and the date selected
When confirming the reservation of a Service, the total price is indicated to the Customer in amount inclusive of tax in the commercial currency of the Establishment (which in some cases may be different from the local currency of the Establishment) and is valid only for the duration indicated on the Site.
If the total price for the reservation of the Service is debited at the Establishment in a currency other than that confirmed on the reservation, the exchange costs shall be borne by the Customer. Note that if a conversion of the currency confirmed on the reservation into another currency appears on the Site, it is given for information only and is not contractual, taking into account in particular the possible evolution of exchange rates between the date of reservation and the dates of stay at the Establishment.
Unless otherwise stated on the Site, options (for example, breakfast, etc.) which are not offered when the Service is booked are not included in the price.
The tourist tax, presented during the reservation process of the Service, is to be paid directly on site at the Establishment, except in the case of online prepayment before the stay where this amount can be included
The prices take into account the VAT applicable on the day of booking and any change in the rate applicable to VAT will be automatically reflected in the price indicated on the invoice date.
Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the price indicated on the date of invoicing.
Finally, promotional offers are only available on the Aigle Noir Hotel website and are sold exclusively directly, on the internet and at the reception of the establishment.
The Customer communicates his payment data either (i) to prepay the reservation before the stay, (ii) or as a guarantee of the reservation, indicating directly, in the area provided for this purpose (secure entry by SSL encryption) when '' it is a bank card, the bank card number, without spaces between the digits, as well as its validity date (it is specified that the bank card used must be valid at the time of the stay) and the visual cryptogram as part of a prepayment via the payment platforms mentioned below.
Our partner AVAILPRO uses some of the most advanced current technologies in internet security. All booking steps are secured using Secure Socket Layer (SSL) technology, the benchmark technology in this area. Your information is encrypted and protected through server authentication and encryption of data flows. The security certificate used is issued by the accredited third party company Thawte and used by the Availpro reservation system. You can check the validity of the certificate in the window provided during the "SECURE TRANSACTION" reservation process.
In addition, the reservation system is hosted in a secure server environment equipped with biometric security, firewalls and other advanced technologies to avoid interference and prevent any intrusion.
In the event of a problem, the Customer must contact his bank on the one hand, and the Establishment or any other entity, on the other hand, to confirm his reservation for the Service and his method of payment.
The means of payment authorized online (cards, wallet, etc.) are mentioned on the Site's payment page. This list is subject to change.
In the event of payment to the Establishment or any other entity, each Establishment or any other entity may accept different means of payment, but the Customer must present to the Establishment the bank card which enabled him to guarantee the reservation or to make the prepayment. . The establishment may also ask him to present an identity document for the purpose of preventing credit card fraud.
If the Customer has not prepaid their stay online, the Establishment may ask the Customer, upon arrival, for a security deposit or authorization to debit the bank card in order to guarantee payment of the sums corresponding to the services consumed on the spot.
In the event of a “no show” of a reservation for an Accommodation Service (ie reservation not canceled by the Client who does not show up) guaranteed by bank card, the Establishment will charge the Client, as a lump sum indemnity , of the amount of the first night on the bank card which was given as a reservation guarantee and any additional nights of the reservation will be canceled without charge, unless otherwise indicated in the Special Conditions.
At the time of prepayment, the amount which is debited when the Service is booked includes the total amount indicated during the booking (including all applicable taxes) and, where applicable, the price of the options selected by the Customer, such as described in article 4.1 above.
5. CANCELLATION OR MODIFICATION OF THE RESERVATION OF A SERVICE
For Accommodation Services (reservation of rooms within an Establishment or other types of accommodation), the Customer is reminded that he does not have the right of withdrawal provided for in article L. 221-18 of Consumer Code, in accordance with article L. 221-28 paragraph 12 of the Consumer Code which excludes this right for contracts relating to the provision of accommodation services which must be provided on a date or specified period.
For each reservation of Service, the Special Conditions specify the terms of cancellation and / or modification of the reservation.
Reservations with prepayment will not be subject to any modification and / or cancellation. The deposit (the sums paid in advance) will not be subject to any refund. In this case, it is mentioned in the Special Conditions.
When the Special Conditions allow it:
• the cancellation of the reservation of a Service can be done directly on the Site;
• the modification of the reservation of a Service can be made directly with the Establishment, whose contact details, in particular by telephone, are specified on the confirmation of the reservation sent by email.
In case of interruption of a Service by the Customer, the entire agreed price will be cashed. In the case of reservation with prepayment before the stay, no refund will be granted.
In the presence of an Accommodation Service, unless expressly stipulated to the contrary in the Special Conditions, the Customer must leave the establishment's room before the schedule indicated by the Establishment, generally 12.00 hours on the day of the end of the booking. Otherwise, he will be billed for an additional night.
6. CUSTOMER COMMITMENTS AND RESPONSIBILITY
The Customer is solely responsible for his choice of the Services on the Site and their suitability for his needs, so that the responsibility of the Aigle Noir Hotel cannot be sought in this regard.
The Customer is also solely responsible for the information communicated at the time of the creation of his account and / or of any reservation for a Service. l'Aigle Noir Hôtel cannot be held responsible in the event of erroneous or fraudulent information communicated by the Client. In addition, only the Customer is responsible for the use of his account and for any reservation made, both in his personal name and on behalf of third parties, including minors, unless he demonstrates fraudulent use resulting from no fault , nor negligence on his part. In this regard, l'Aigle Noir Hôtel must be immediately informed of any misuse or fraudulent use of its email address to customer service, the contact details of which are specified in article 9.
The Customer agrees to use the Site and the Services offered there, in compliance with the applicable regulations and these General Conditions. In the event of failure by the Customer to fulfill its obligations under these General Conditions, the latter is liable for damage caused by him to the Aigle Noir Hôtel or to third parties. As such, the Customer agrees to indemnify the Aigle Noir Hôtel against all claims, actions or remedies of any kind that may result therefrom and to indemnify it for any damage, costs or compensation whatsoever relating thereto.
The Customer, in particular, undertakes by making a final reservation for a Service, to pay the price and to comply with the Specific Conditions relating thereto. Indeed :
- Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the reservation of the Service at the Customer's expense, without prejudice to any action that Aigle Noir Hôtel could bring to the against the latter;
- Any behavior contrary to morality and public order within the Establishment as well as non-compliance with the Internal Rules of the Establishment, will cause the director of the Establishment and / or any other service provider to request the Customer to leave the premises without any compensation and / or without any refund if payment has already been made. In the event that no payment has yet been made, the Customer must pay the price of the Services consumed before leaving the premises;
- The Customer also undertakes that the computer resources made available to him by the Establishment (in particular the WiFi network) are in no way used for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or by a neighboring right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided in books I and II of the intellectual property code when this authorization is required. The Customer is also required to comply with the security policy of the Internet service provider of the Establishment, including the rules for using the security means implemented in order to prevent the illicit use of resources computer systems and to refrain from any act affecting the effectiveness of these means.
7. COMMITMENTS AND RESPONSIBILITY OF L AIGLE NOIR HOTEL
L'Aigle Noir Hôtel undertakes, as part of an obligation of means, to provide access to the Site and the Services offered in accordance with the General Conditions and to act diligently and competently and to do everything within its limits reasonable, in order to remedy any malfunction brought to its attention.
L'Aigle Noir Hôtel may, however, be obliged to temporarily suspend the Site without notice, in particular for technical maintenance reasons, without this resulting in its liability.
The Client acknowledges and accepts that Aigle Noir Hôtel cannot be held liable for any inconvenience or damage related to the use of the Internet, including, without this list being exhaustive:
- poor transmission and / or reception of any data and / or information on the Internet;
- the failure of any receiving equipment or communication lines;
- any malfunction of the Internet preventing the proper functioning of the Site and / or the reservation of the Services.
The Site may refer to hypertext links to other websites published and managed by third parties for which the Aigle Noir Hôtel accepts no responsibility for the content of these websites and the services offered there. In this regard, it is specified that the partners are responsible for promoting the offers posted on their own websites. The decision to consult third party websites is therefore the full responsibility of the Client.
8. FORCE MAJEURE
Neither party can be held responsible towards the other party for non-performance of its obligations resulting from a case of force majeure. It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party bears the burden of the costs arising therefrom. Are considered force majeure cases usually recognized by the case law of the Court of Cassation. If the case of force majeure were to last more than thirty (30) days from its occurrence, these General Conditions may be terminated by any of the parties without any of them being able to claim award of damages.
In the event of force majeure or another exceptional event which prevents carrying out the Service and in particular to make the room of the Establishment reserved available to the Customer, the Establishment may reserve the possibility of accommodating, fully or partially, the Customer in an Establishment of equivalent category or perform a Service of the same nature, subject to the prior agreement of the Client.
9. CUSTOMER SERVICE AND CLAIMS
For any complaint relating to a reservation of a Service on the Site, the Aigle Noir Hotel is at your disposal. Go to the Access and Contact section. To facilitate the processing of complaints, it is advisable to send complaints to customer service relating to the non-performance or poor performance of the Services in writing within eight (8) days after the date of completion of the Service.
10. PERSONAL DATA
When the Customer uses the Site, in particular when he makes a reservation, the Aigle Noir Hôtel and the legal entities of the Atypio Group process personal data under the conditions described in the "Legal notices" page accessible in the lower banner of the Site. The Customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses and information by the presence of an asterisk.
Failure to provide information identified as mandatory, the Aigle Noir Hotel may not be able to register a reservation, manage complaints from the latter.
Thus, the information collected as part of the Customer's reservation is intended for the Aigle Noir Hotel, its entities, its partners, its service providers (including online payment providers) and Establishments for the needs of the 'execution of the reservation or the taking of pre-contractual measures. Once the guarantees provided for by the applicable regulations have been put in place, the Customer's data may be transferred from Europe to countries which do not, from the point of view of the European Union, provide an equivalent level of Data protection.
In order to secure payment transactions, the partner Aigle Noir Hôtel implements in particular personal data processing intended to determine the level of risk of fraud associated with each transaction. On this occasion, the Aigle Noir Hôtel partner can use analyzes leading to taking measures such as suspending the execution of the reservation or, if the result of the analysis does not guarantee the security of the order, canceling it. The fraudulent use of a means of payment generating a default may result in the Customer being entered in the hotel incident file, which may lead the hotel to block future payments or to carry out additional checks .
The Customer may at any time exercise the rights available to him under the regulations on the protection of personal data. All the information useful for this purpose is indicated on the Legal Notices page.
The entry of the required bank information as well as the acceptance of these General Conditions and the Special Conditions by electronic means constitutes an electronic contract between the parties which is proof between the parties of the reservation of the Service and of the exigibility of the sums due in execution of said reservation.
The applicable General Conditions and Special Conditions express the entirety of the obligations of the parties. No other condition communicated by the Customer may be incorporated into it.
In case of contradiction between the Special Conditions and the General Conditions, the Special Conditions will be the only applicable for the obligation in question. In the event of contradiction between on the one hand, the general conditions, of whatever nature, of a partner and on the other hand, these General Conditions, the stipulations of the present will be the only applicable for the obligation in question .
If one or more stipulations of the General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a decision passed in res judicata of a competent court, the others stipulations will keep their full force and scope.
The authentic language is French. If the General Conditions were to be the subject of a translation into a foreign language, the French language will prevail over any other translation in the event of a dispute, litigation, difficulty in the interpretation or execution of these conditions and more generally concerning relations between the parties.
The Client acknowledges and accepts that AIGLE NOIR HOTEL may assign these General Conditions as well as all the rights and obligations attached to them, to any third party, without the Client's prior written consent. The Client accepts that such an assignment releases AIGLE NOIR HOTEL for the future. The Customer may not assign the General Conditions, nor the rights and obligations attached to them to third parties without the prior written consent of AIGLE NOIR HOTEL.
12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The General Conditions are governed by French law, without obstructing any mandatory protective provisions applicable in the country of residence of consumers. The Client is informed by AIGLE NOIR HOTEL of the possibility of resorting, in the event of a dispute relating to these General Conditions, to a conventional mediation procedure or to any other alternative method of dispute resolution, under the conditions provided for in Title I of the Book VI of the Consumer Code.
After entering the Establishment to try to resolve the dispute amicably, and in the event of a negative response or no response within sixty (60) days of the referral, the Customer can enter the Mediator of Tourism and Travel - BP 80303 - 75823 Paris Cedex 17. The modalities of referral to the Mediator and his contact details are available by clicking on the website www.mtv.travel. The referral to the Mediator can be made within twelve (12) months after the first complaint.
The referral form for this Mediator is accessible from the following link: http://ww5.eudonet.com/V7/app/specif/EUDO_03874/FormDossierLitige/FormulaireDossierLitiges/index.aspx.
AIGLE NOIR HOTEL also informs the Customer of the existence of a European online dispute resolution platform (“RLL”) which it can use. The Customer can access it from the following link: http://ec.europa.eu/consumers/odr/.