Hôtel Apollo Opéra

Terms & Conditions

Drawn up in Paris, 20 March 2023

These Terms & Conditions are drawn up in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Definitions and interpretation

Capitalised terms used herein, where not previously defined, have the meaning given below:

"Client" means a natural person, of legal age, acting for personal purposes and having full legal capacity to enter into these terms.

"Booked rate sale conditions" means the specific conditions of each booking made by the Client.

"Booking confirmation" means the document summarising the details of the booking made by the Client, sent by the website or the Hotel to the Client.

"Booking request" means any request for a hotel room booking made by the Client.

"Hotel" means Hôtel Apollo Opéra, operated by SARL Hôtel Apollo Opéra with share capital of €385,000, with its registered office at 32 rue de Douai, 75009 Paris, registered with the Paris Trade and Companies Register under number 501 689 855.

"Partners" means any service providers who have entered into a service agreement or partnership agreement with the Hotel.

"Service" means any hotel room booking service made by the Client on the Hotel's website.

"Hotel website" means the website dedicated to the Hotel, accessible at: www.apollo-opera.fr

Article 1 — Scope

These Terms & Conditions apply, without restriction or reservation, to any purchase of hotel room booking services and related services ("the Services") offered by the Hotel ("the Provider" or "the Hotel") to consumers and customers ("the Clients" or "the Client") on the Hotel's website.

The main characteristics of the Services are presented on the Hotel's website. The Client must read them before making any booking. The choice and purchase of a Service are the sole responsibility of the Client.

The Client declares that they:

The Hotel's contact details are as follows: Hôtel Apollo Opéra, 32 rue de Douai, 75009 Paris.

These terms apply to the exclusion of all other terms, in particular those applicable to other sales channels for the Services.

The Client is informed that the Hotel enters into partnership agreements with third-party travel providers to allow the Client, using the services offered by these partners on their websites, to search for, select and book rooms at the Hotel. Any booking made under these conditions implies full and unreserved consultation and acceptance by the Client of the partner's specific conditions, the booked rate's sale conditions, and these Terms & Conditions.

These Terms & Conditions are accessible at any time on the Hotel's website and shall prevail, where applicable, over any other version or contradictory document. Unless proven otherwise, data recorded in the Provider's IT system constitutes proof of all transactions concluded with the Client.

The Hotel keeps the written record evidencing the conclusion of the contract, in electronic or paper format, for a maximum period of 5 years.

The Client is informed that their IP address is recorded at the time of booking. In accordance with the French Data Protection Act of 6 January 1978, the Client has, at any time, a right of access, rectification and objection regarding all of their personal data, by writing and providing proof of identity to: Hôtel Apollo Opéra, 32 rue de Douai, 75009 Paris.

Validation of the booking of Services by the Client constitutes acceptance, without restriction or reservation, of these Terms & Conditions. As these Terms & Conditions may be amended at a later date, the version applicable to the Client's purchase is the one in force on the website at the date of booking.

Article 2 — Bookings

The Client selects the services they wish to book on the website, following these steps:

  1. Selection of room type and rate;
  2. Selection of related services, if applicable;
  3. Review and confirmation of the booking details, total amount and rate conditions;
  4. Entry of contact details;
  5. Entry of payment card details, in the case of a guarantee or prepayment;
  6. Review and acceptance of the Terms & Conditions and of the selected rate's conditions, prior to confirming the booking;
  7. Confirmation of the booking.

The Client acknowledges having read and understood the nature, purpose and booking terms of the Services offered by the Hotel, and having obtained the information necessary to make their booking with full knowledge. The Client is solely responsible for their choice of services and their suitability to their needs.

The Client undertakes to complete the information requested on the booking request and certifies the accuracy of the information provided. Contractual information is presented in French and is confirmed no later than when the Client validates the booking.

For bookings made exclusively online, a booking is registered once the Client accepts these Terms & Conditions by ticking the relevant box and confirms their booking. This confirmation implies acceptance of these Terms & Conditions in full and constitutes proof of the sales contract.

The sale of Services shall only be considered final once the Provider has sent the Client confirmation of acceptance of the booking by email, and after full payment has been collected.

The Hotel reserves the right to cancel or refuse any booking from a Client with whom there is a dispute regarding payment of a previous booking. Each booking is personal to the Client and may under no circumstances be transferred to a third party.

Cancellation of a Flexible rate booking: if the Client cancels a Flexible rate booking after it has been accepted by the Hotel, less than 24 hours before the scheduled stay date, an amount equal to the total cost of the first night will be due to the Provider and charged to the Client as damages.

Cancellation or modification of a Non-Cancellable Non-Refundable rate booking: an amount equal to 100% of the total prepaid amount will be due to the Provider and charged to the Client, including in the event the Client does not show up on the scheduled arrival date.

Article 3 — Rates

The Services offered by the Provider are supplied at the rates in force on the Hotel's website at the time the booking is registered. Prices are expressed in euros, before and after tax, and take into account any discounts granted by the Provider.

These rates are fixed and non-revisable during their period of validity as indicated on the Hotel's website; outside this period, the Provider reserves the right to change prices at any time. Rates apply per room, for the number of guests and date selected.

Rates are confirmed to the Client as a total amount including tax (excluding tourist tax) in the Hotel's trading currency, and take into account VAT at the rate applicable on the date of booking. Rates do not include the tourist tax, payable directly to the Hotel on site.

Unless stated otherwise on the site, related services (breakfast, etc.) are not included in the price. Foreign currency conversion is provided for information only and is not contractual. An invoice is issued by the Provider and given to the Client when the booked Services are provided.

Article 4 — Payment terms

For payment in full at the time of booking (Non-Cancellable Non-Refundable rate): the price is payable in full, in cash, on the day the booking is confirmed by the Client, by secure payment (credit cards: Visa, MasterCard, American Express, other cards). The Client provides their card details at the time of booking; payment data is exchanged in encrypted form via the SSL protocol.

The Client must present the card used to pay for the booking upon arrival at the Hotel, and may be asked to show proof of identity as part of card fraud prevention procedures.

For payment in full at the time the services are provided (Flexible rate): the price is payable in full, in cash, on the day the booked Services are provided, by secure payment. Upon the Client's arrival, the Hotel will ask the Client to pay a security deposit or to authorise a charge to their payment card, to guarantee payment of services consumed on site.

In both cases, the Provider shall not be required to supply the Services ordered by the Client if the price has not first been paid in full under the above conditions, and payments shall only be considered final once the amounts due have actually been collected by the Provider.

Article 5 — Provision of services

The Services booked by the Client will be provided under the conditions set out in these Terms & Conditions, supplemented by the rate's sale conditions, which the Client read and accepted when booking on the Hotel's website.

Upon arrival, the Client will be asked to present proof of identity in order to complete a police registration form.

The Hotel is entirely non-smoking. The Client will be held liable for any damage resulting from smoking inside the Hotel, and will be responsible for the full cost of cleaning and restoring the damaged item or area.

Pets, provided they are kept on a leash or in a carrier in the Hotel's common areas, may be accepted in accordance with the Hotel's policy in force, subject to an additional charge. For hygiene reasons, pets are not allowed in dining areas.

The hotel provides a safe in each room or at reception so guests can store valuables. In accordance with Articles 1952 and 1953 of the French Civil Code, the hotelier is liable, as custodian, for clothing, luggage and personal belongings brought by guests onto the premises, even if the deposit was not formally recorded. In the event of loss, theft or damage to the Client's personal belongings, the Hotel's liability may be engaged, unless the damage results from the Client's own fault or a case of force majeure. However, this liability does not apply to items left outside the safe provided, unless the Client proves the loss results from a fault of the establishment.

The Client agrees to use the room as a reasonably careful occupant. Any behaviour contrary to public decency or public order will lead the Hotel to ask the Client to leave the establishment, without any compensation or refund if payment has already been made. The Client will be held liable for the full extent of any damage they cause within the room booked or elsewhere in the Hotel, and undertakes to compensate the Hotel for the amount of such damage.

WIFI access (free or paid) may be offered in accordance with the Hotel's policy in force. The Client undertakes not to use the IT resources made available by the Hotel to reproduce or communicate to the public any work protected by copyright without authorisation, and to comply with the security policy of the Hotel's internet service provider.

Unless otherwise stated, the room is made available to the Client from 2pm on the day of arrival, and must be vacated by 12pm on the day of departure; failing this, an additional night will be charged. In the event of early departure, charges equivalent to one night will apply, unless the Client has notified the Hotel at least 24 hours before departure.

The Client has a period of 8 days from their departure date from the Hotel to submit, in writing, any reservations or complaints regarding the provision of the Services, together with all relevant supporting documents. Failing this, the Services will be deemed to conform to the booking, in quantity and quality.

In case of relocation: in the event of an exceptional occurrence, force majeure, or the impossibility of making the booked room available to the Client, the Hotel reserves the right to accommodate the Client, in whole or in part, in a hotel of equivalent category, for services of the same nature, subject to the Client's prior agreement.

Article 6 — Right of withdrawal

In accordance with Article L221-28 of the French Consumer Code, the Client does not have the right of withdrawal provided for in Article L221-18 of the same code, given the nature of the services provided. The contract is therefore concluded definitively as soon as the Client makes the booking.

Article 7 — Provider liability, warranty

The Provider guarantees, in accordance with legal provisions and at no additional cost, the Client against any lack of conformity or hidden defect arising from a failure in the provision of the Services booked and actually paid for. The Services provided comply with regulations in force in France; it is the Client's responsibility to verify compliance with the legislation of the country in which the Services are provided.

Article 8 — Data protection

Pursuant to French law 78-17 of 6 January 1978, the personal data requested from the Client is necessary for processing their booking and issuing invoices. This data is intended for the Hotel and may be shared with partners responsible for performing, processing and managing bookings and payments.

The Hotel may also send its customers newsletters, promotional offers, or a satisfaction questionnaire by email following their stay. The Client has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification and objection regarding information concerning them.

Article 9 — Intellectual property

The content of the Hotel's website is the property of the Provider and its partners, and is protected by French and international intellectual property law. Any total or partial reproduction of this content is strictly prohibited.

Article 10 — Unforeseeability

These Terms & Conditions expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the French Civil Code. The Provider and the Client each waive the right to invoke this article, undertaking to fulfil their obligations even if the contractual balance is disrupted by circumstances unforeseeable at the time of sale.

Article 11 — Force majeure

The Parties shall not be held liable if the failure to perform, or delay in performing, any of their obligations described herein results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.

Article 12 — Miscellaneous provisions

These Terms & Conditions, the booked rate's sale conditions, the booking request and the booking confirmation constitute the entire agreement between the parties, within the limits of their subject matter. Should any clause of these Terms & Conditions be declared void or unlawful by a competent court, it shall be deemed null without affecting the validity of the remaining Terms & Conditions.

Article 13 — Governing law, language

These Terms & Conditions, and the transactions arising from them, are governed by and subject to French law. They are drawn up in French; should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 14 — Disputes

All disputes arising from purchase and sale transactions concluded under these Terms & Conditions, which could not be resolved between the Hotel and the Client, shall be submitted to the competent courts under ordinary law.

The Client may, in any event, resort to conventional mediation, in particular through the Consumer Mediation Commission, or any alternative dispute resolution method. In accordance with Article 14 of Regulation (EU) No 524/2013, you may access the European online dispute resolution platform at: ec.europa.eu/consumers/odr

Article 15 — Pre-contractual information, Client acceptance

The Client acknowledges having received, prior to booking, in a clear and understandable manner, these Terms & Conditions and all the information listed in Article L221-5 of the French Consumer Code, including in particular:

The act of booking on the Hotel's website by any person implies full adherence to and acceptance of these Terms & Conditions, and an obligation to pay for the Services ordered.

Drawn up in Paris, 20 March 2023.
SARL Hôtel Apollo Opéra