Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
HÔTEL LES MOUETTES – AJACCIO
1. PURPOSE
These General Terms and Conditions of Sale, hereinafter the “T&Cs”, set out the rights and obligations of the parties in connection with the booking and sale of the services offered by Hôtel Les Mouettes.
They apply in particular to bookings made directly with the hotel, through the official Hôtel Les Mouettes website and its booking engine, and by telephone or email, subject to any special conditions expressly agreed.
The guest acknowledges having read, prior to booking, these General Terms and Conditions of Sale and the specific conditions attached to the selected rate.
Any booking implies unreserved acceptance of these T&Cs and of the conditions of sale of the rate booked.
In the event of any conflict between these T&Cs and the specific conditions expressly attached to the chosen rate and brought to the guest’s attention at the time of booking, the specific conditions shall prevail for the provisions concerned.
2. BOOKINGS, RATES AND CONDITIONS OF STAY
The guest selects the services offered by Hôtel Les Mouettes and acknowledges having received the information needed to make the booking in full knowledge of the facts.
It is the guest’s responsibility to check that the services chosen meet their needs and that the information provided when booking is accurate, in particular the dates of stay, the number and identity of occupants, the room category, the rate selected and its conditions, and any additional services.
2.1 – Booking and confirmation
Bookings are made online on our website. The procedure includes selecting the stay and rate, providing the information required for the booking, entering card details where a guarantee or payment is required, reading and accepting these T&Cs and the specific conditions of the selected rate, and then confirming the booking.
A booking is considered firm and final only after written confirmation from the hotel and once a deposit has been taken or card details have been secured as a guarantee.
This confirmation summarises in particular the services booked, the dates of stay, the price and the main conditions applicable to the selected rate.
The guest is invited to check the information in this confirmation and to report any error or discrepancy without delay.
2.2 – Access and conditions of stay
-Opening hours to the public: 7.30am to 11pm.
*Arrival: rooms are available from 3pm on the day of arrival. Any arrival after 9pm must be notified in advance and approved by the hotel. Hôtel Les Mouettes does its utmost to allow early check-in when circumstances permit, but cannot guarantee it. A valid identity document and a bank card will be requested on arrival.
*Departure: rooms must be vacated by 12 noon on the day of departure at the latest. Any overrun will be charged as an additional night.
-Access to the hotel: as Hôtel Les Mouettes is a private establishment, the owners reserve the right to refuse access or to cancel any booking without justification and without compensation for services already consumed if the guest’s behaviour, in particular towards staff and other guests, is not in keeping with the values of the establishment.
2.3 – Rates
-Prices for services are shown before and during booking.
Accommodation rates are quoted per night and per room ((Based on double occupancy), according to the occupancy conditions specified at the time of booking. Rates are quoted in euros and include VAT at the applicable rate. Tourist tax is not included in the room price and is payable in addition, at the rate set by the competent authorities at the time of the stay.
Additional services not expressly included in the rate booked are charged separately.
-Hôtel Les Mouettes applies dynamic pricing to its rooms and suites.
Hôtel Les Mouettes rates may therefore vary according, among other things, to the period, availability, room category, length of stay, booking conditions and current commercial offers.
Consequently, the rate for the same room category on the same date may change between two visits to the website or booking engine, until the booking has been finally confirmed.
The applicable rate is the one confirmed to the guest at the time of booking. Any subsequent change to the rates offered by the hotel has no effect on a booking already confirmed.
Once the booking has been confirmed, any subsequent increase or decrease in the rates offered by the hotel has no effect on the price of the booking already concluded.
2.3.1 – Rates offered on the official Hôtel Les Mouettes website
Unless expressly stated otherwise, the rates displayed on the official website www.hotellesmouettes.fr and its booking engine are direct-sale rates intended exclusively for individual guests booking directly with Hôtel Les Mouettes. Accommodation rates are quoted per night and per room, according to the occupancy conditions specified at the time of booking.
These rates are net and non-commissionable. They are not negotiated rates or rates intended for travel agencies, tour operators, intermediaries, business introducers or other travel professionals.
If a travel agency, tour operator or any other travel professional nevertheless makes a booking through the public website or booking engine of Hôtel Les Mouettes, that booking remains subject to the conditions of the public rate selected and gives no entitlement to any commission, rebate, discount or other remuneration, unless expressly agreed in writing in advance by Hôtel Les Mouettes.
Providing, entering or recording an IATA number or any other professional identifier, at the time of booking or afterwards, does not in itself make the booking commissionable and in no way constitutes a commitment by Hôtel Les Mouettes to pay a commission.
2.3.2 – Rates for agencies and travel professionals
Hôtel Les Mouettes welcomes collaboration with travel agencies and other travel professionals under a specific rate grid and commercial conditions, separate from the direct-sale rates offered to individual guests on its website.
Travel agencies and travel professionals wishing to benefit from the professional conditions of Hôtel Les Mouettes are invited to use the GDS channels or to contact the hotel’s sales department directly before making any booking.
2.3.3 – Promotional offers
Promotional offers are subject to availability and to the specific conditions stated at the time of booking. Unless expressly stated otherwise, they are valid for the periods indicated, are not retroactive and cannot be combined with other offers. They do not apply to groups or to agencies or professionals benefiting from specific rate conditions.
2.4 – Payment terms
Unless specific provisions related to the health situation apply, a deposit (arrhes) is required to guarantee any booking. The deposit amounts to 30% of the total price of the stay and is payable on booking by bank card, bank transfer or cheque. (For any promotional offer, full prepayment is required.)
The deposit paid will be deducted from the final amount of the invoice on departure. In accordance with Article 1590 of the French Civil Code, deposits paid are non-refundable, in particular in the event of cancellation or no-show.
A valid bank card may also be requested as a guarantee.
The balance of the stay is due on arrival and is non-refundable in the event of early departure. Any booking made and not honoured on the day of arrival will be charged in full.
In the event of refused payment, an invalid bank card, inability to process payment or failure to pay the required sums within the stipulated time, the hotel may consider the booking as not guaranteed and, where appropriate, cancel it after informing the guest.
2.5 – Photographs and presentation of rooms
The photographs shown on the Hôtel Les Mouettes website, its booking engine and its various communication materials are intended to illustrate the different categories of Rooms & Suites offered by the hotel.
These photographs are not contractual. They show one or more rooms representative of the category concerned and do not guarantee allocation of the specific room photographed at the time of booking.
3. CAPACITY, OCCUPANCY AND GUEST RESPONSIBILITY
3.1 – Capacity and occupancy of rooms and suites
Rooms have a maximum capacity of 2 people, with the option of adding a cot for a child up to and including 3 years of age. (A supplement applies according to the current rate grid.)
Classic, Charm and Superior Rooms can accommodate a maximum of 2 people, with the option to add a cot for a child up to and including 3 years of age. (Subject to a supplement in accordance with the current price list.)
Signature Rooms can accommodate a maximum of 2 adults and 1 child under 12 years of age (supplement of €90 per night for the child) OR 3 adults (supplement of €90 per night for the third person)
Deluxe Suites can accommodate a maximum of 3 adults (supplement of €90 per night for the third person) OR 2 adults and 2 children aged 4 to 10 inclusive. (Supplement of €90 per night per child).
The number of people occupying the room may not exceed the maximum authorised capacity.
4. DAMAGE, THEFT AND GUEST RESPONSIBILITY
4.1 Damage
The guest undertakes to respect the hotel and the objects and works of art on display there.
Any damage found in a room or in the common areas will be invoiced immediately for repair or replacement costs. The hotel will automatically debit the corresponding amount from the guest’s bank card once the damage has been established. A security deposit may be required on arrival for extended stays or exclusive hire of the establishment.
4.2 Theft and Personal Belongings
The hotel accepts no liability for the loss, theft or damage of guests’ personal belongings in the rooms or common areas. A safe is provided in every room, and guests are strongly advised to keep their valuables in it. The hotel can in no case be held liable for theft from vehicles parked in the car park, even when secure.
4.2.1 – Lost property
The guest remains responsible for their personal belongings throughout their stay and is invited to check, on departure, that nothing has been left behind in the room or elsewhere in the hotel. A safe is provided in every room, and guests are strongly advised to keep their valuables in it.
Subject to the mandatory legal provisions applicable to the innkeeper’s liability, Hôtel Les Mouettes cannot be held liable for personal belongings left or forgotten by the guest after departure.
If something has been forgotten, the guest should contact Hôtel Les Mouettes with a sufficiently precise description of the item and details of their stay so that the necessary searches can be made. Items found on the premises are kept by Hôtel Les Mouettes for a maximum of one (1) year from the date they are found, depending on the nature and condition of the item, storage constraints and the applicable legal provisions. Where the item has been identified and found, Hôtel Les Mouettes may, at the guest’s request, arrange for its return or shipment.
All costs of packaging, transport, shipping, any insurance and any other costs relating to the return of the item are borne entirely by the guest. The hotel may request payment of these costs before any shipment. Items are shipped to the address and by the method specified by the guest. Once the item has been handed to the carrier, the carrier’s conditions of transport and liability apply.
At the end of the applicable storage period, unclaimed items may be dealt with in accordance with the legal provisions in force.
5. CANCELLATION, AMENDMENT AND NO-SHOW
The guest is reminded that, in accordance with Article L.221-28 of the French Consumer Code, accommodation services provided on a specific date or for a specific period are not subject to the right of withdrawal applicable to certain distance contracts.
The specific conditions of the rate booked set out the applicable cancellation and amendment terms.
Certain rates, in particular prepaid, promotional or non-refundable rates, may be subject to more restrictive specific conditions. These are brought to the guest’s attention before the booking is confirmed.
5.1 – Cancellation conditions – Flexible rate
Unless otherwise expressly stated at the time of booking, the following conditions apply to bookings made at the flexible rate:
*Cancellation up to 30 days before the arrival date: the booking may be cancelled free of charge. The deposit paid is refunded to the guest.
*Cancellation less than 30 days and more than 72 hours before the arrival date: the deposit paid, normally 30% of the total amount of the stay, is retained by Hôtel Les Mouettes. No further amount is charged.
*Cancellation less than 72 hours before the arrival date: the full amount of the booked stay is due.
*No-show or early departure: the full amount of the booked stay is due.
5.2 – Amending a booking
Requests for amendments are subject to availability. Where an amendment is accepted, the new applicable rate may differ from that of the original booking depending on the dates, availability and rate conditions for the new stay.
6. HOUSE RULES AND CONDUCT
The guest undertakes to use the rooms and areas of Hôtel Les Mouettes for their intended purpose and to respect the peace and quiet of other guests, the staff, and the hotel’s safety and operating rules.
Any behaviour that endangers the safety of people or property, disturbs the peace of the hotel, or offends public decency or public order may lead Hôtel Les Mouettes to ask the guest to leave the premises, without prejudice to any sums still due or any damage caused.
6.1 – Respect for the Premises and Other Guests
All indoor areas of the hotel, including the rooms and suites, are strictly non-smoking. Any breach in these areas may result in a charge of €250 for cleaning and deodorising. Smoking is nevertheless permitted in the outdoor areas of the hotel and on room terraces.
Pets (under 10 kg) are accepted only on prior request and subject to the hotel’s approval. Their presence in the room is subject to the supplement set out in the current rate grid.
Any excessive noise may result in immediate eviction without refund of services already consumed.
6.2 – Use of facilities and equipment
The hotel’s various areas and facilities may be used in accordance with their opening hours, capacity, rules of use and any booking conditions. Access to certain areas or services may be subject to prior booking, age restrictions, weather conditions or specific safety rules.
6.2.1 Electric Bike Hire
Hôtel Les Mouettes offers an electric bike hire service.
6.2.2 Conditions of use and guest responsibility
Hire is reserved for adult guests or for minors accompanied by an adult and under that adult’s responsibility.
The guest acknowledges having read the safety instructions before using the bike.
Wearing a helmet is strongly recommended; helmets can be provided on request.
The user is solely responsible in the event of an accident, fall or damage caused to themselves, to others or to public or private property. The hotel accepts no liability in the event of improper use.
In the event of theft, damage or failure to return the bike, the guest will be charged the cost of repair or replacement. Card details may be retained for this purpose.
The guest bears full responsibility for any breach of the Highway Code and undertakes to comply with the rules in force.
6.2.4 Cancellation and Deposit
Any confirmed hire is due and non-refundable in the event of late cancellation or non-use.
A deposit may be requested before the bike is handed over.
7. LIABILITY
Hôtel Les Mouettes cannot be held liable for the non-performance or improper performance of a service where this results from force majeure, from the guest’s own actions, or from the unforeseeable and insurmountable act of a third party, under the conditions laid down by the applicable regulations.
The guest remains responsible for the accuracy of the information provided when booking and for compliance with these T&Cs.
Any booking or payment that is fraudulent or irregular for a reason attributable to the guest may lead to cancellation of the booking, without prejudice to any other rights the hotel may have.
8. COMPLAINTS
Any difficulty encountered during the stay should, as far as possible, be brought to the attention of reception immediately so that Hôtel Les Mouettes can seek a solution. Any complaint after the stay must be sent in writing to:
Hôtel Les Mouettes****
505, bvd Albert 1er – 20000 Ajaccio – France
Email: [email protected]
The complaint must state the booking reference and be accompanied by the information needed to examine it.
9. PRIVACY AND PERSONAL DATA
Personal data provided by the guest are collected and processed for the purposes of managing their booking, stay, invoicing and customer relationship and, where the regulations and the guest’s choices allow, for marketing communications.
These data are processed in accordance with the applicable personal data protection regulations, in particular the General Data Protection Regulation (GDPR).
The guest has the rights provided for by the applicable regulations, in particular the rights of access, rectification, erasure, restriction and, under the conditions laid down by law, objection.
Full details of how personal data are processed are set out in the Hôtel Les Mouettes privacy policy.
10. EVIDENCE AGREEMENT
Electronic confirmation of the booking, acceptance of these T&Cs and of the specific rate conditions, and the information recorded by the computer systems used by Hôtel Les Mouettes constitute evidence of the exchanges, bookings and transactions between the parties, subject to the applicable legal provisions.
Booking confirmations, electronic correspondence and transaction data may be kept under the conditions laid down by the regulations.
11. FORCE MAJEURE
Neither party may be held liable for failure to perform its obligations where this results from an event meeting the legal criteria for force majeure.
Should such an event occur, the parties will endeavour, as far as possible and in compliance with the applicable regulations, to find a solution suited to the circumstances.
12. AMICABLE SETTLEMENT OF DISPUTES
In the event of any difficulty or dispute relating to a booking or stay, the guest is invited to contact Hôtel Les Mouettes first in order to seek an amicable solution.
These T&Cs are governed by French law, without prejudice to any mandatory provisions that may apply to the consumer by virtue of their place of residence.
13. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
These General Terms and Conditions of Sale, the specific conditions of the selected rate and the booking confirmation together form the contract applicable to the booking.
In the event of any conflict between these T&Cs and a specific condition expressly applicable to the selected rate, the specific condition shall prevail for the obligation concerned.
No specific condition or request from the guest or an intermediary may alter the terms of the booking without the express acceptance of Hôtel Les Mouettes.
Hôtel Les Mouettes may amend these T&Cs at any time.
The version applicable to a booking is the one brought to the guest’s attention and accepted when the booking was made. Any new version applies to bookings made after it is published online.
14. GOVERNING LAW
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the competent courts are determined in accordance with the applicable legal rules, in particular the provisions protecting consumers.
15. CONSUMER MEDIATION
In accordance with the provisions of the French Consumer Code, after first sending a written complaint to Hôtel Les Mouettes and in the absence of a satisfactory amicable solution, the consumer may refer the matter free of charge to the consumer mediator to which the hotel belongs.
Competent mediator: AVENIR CONSO
Address: 197, bvd Saint Germain – 75007 PARIS
Website: https://www.avenir-conso.com/
Details of how to refer a matter are available on the mediator’s website.