General Terms and Conditions of Sale for the website www.new-hotel.com

Hereinafter referred to together as “the Parties”

Article 3 – Scope of application

The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the Parties when booking a hotel stay and additional services via the website www.new-hotel.com within the Establishment chosen by them.

They may be subject to subsequent modifications which will be applicable from the time they are posted online on the website www.new-hotel.com. The general terms and conditions applicable to the sale are those in force at the time of the Booking made and paid by the Customer.

Full and complete acceptance of these terms and conditions is made by clicking on the button “I have read and accept the general terms and conditions of sale” at the time of final validation of the Reservation and payment made on the site www.new-hotel.com, which the Customer expressly acknowledges.

They are accessible on the website www.new-hotel.com and prevail over any other version or contradictory document. They apply to the exclusion of all other conditions.
Article 4. – Rooms and services

The essential characteristics of the hotel rooms and additional services offered for booking are indicated on the description associated with the presentation page on the site www.new-hotel.com as well as the sales price including tax.

The Customer is required to read them before any Reservation.

The photographs accompanying the rooms and services are not contractual and cannot engage the responsibility of the Establishment in the event of even minimal discrepancies between the photographs on the Site and the actual appearance of the rooms and other services.

The description of the rooms and services is recalled in the Reservation confirmation.

The Establishment reserves the right to change its list of rooms and services offered on the Site, to modify, add, or delete them. If applicable and if this has an impact on his Reservation, the Customer is informed and has the choice to cancel his Reservation or benefit from equivalent services.

Any Reservation of 5 rooms or more is considered a group Reservation. To make such a Reservation, the Customer is asked to contact the sales department of the place of his Reservation accessible at

• Paris: Stéphanie Segond salesparis@new-hotel.com 01 77 68 67 73;
• Marseille: Florence Turinreservation@newhotelofmarseille.com 04 91 315 315;
• Brussels: Lydia Mielssalesbrussels@new-hotel.be +32 (0)2 230 21 35.

If such a Reservation is made without prior request to the sales department, the Establishment reserves the right to cancel it.

Animals are accepted in the hotel and in the common areas upon prior request. In the absence of agreement from the Establishment, animals will not be accepted.

When it is not included in the price of the stay, breakfast is charged in addition at the rate in force in the Establishment. The Customer is asked to read it before ordering. Breakfast times are also displayed in the establishments concerned by the Reservation.

The arrival time (CHECK IN) is from 3 p.m.

The departure time (CHECK OUT) can be made up to 12 p.m.
 

Article 5 – Reservation Process made online on the website www.new-hotel.com or directly with the Establishment

5.1 Reservations made online

The Customer has the possibility to make a Reservation via the website www.new-hotel.com.

In the event of unavailability of the hotel room or additional services desired by the Customer, these cannot be ordered. If, exceptionally, a hotel room or additional service is unavailable after the Reservation by the Customer, the latter will be informed by email. The Customer has the possibility either to modify his Reservation and obtain re-accommodation in a hotel of a similar category, or to obtain a refund by going to the Site and filling out the contact form.

Depending on the Customer’s requests and browsing, the booking process for hotel rooms and additional services may vary.

The validation of each Reservation is conditioned by the following steps:

• Step 1: selection of the city, the desired hotel, the arrival and departure date, any promotions and/or special offers, the characteristics of the desired room;

• Step 2: the Site presents the details and characteristics of the hotel room and, where applicable, additional services (standard of the double or single room, size, TV, minibar, wifi, breakfast included, not included, etc.), the length of the stay, the total price of the Reservation including the details of applicable taxes and all specific conditions applicable to the Reservation (guarantee policies, cancellation conditions, check-in time, etc.);

• Step 3: the Site presents the summary of the Reservation made by the Customer as well as the applicable rate;

• Step 4: the Customer has the option to modify his Reservation as long as it is not definitively validated;

• Step 5: the Customer checks the information on the Reservation confirmation page and in particular, without this list being exhaustive, the name of the establishment concerned, the dates of stay, the services ordered, the arrival and departure times, whether the Reservation can be cancelled or not, modified or not, refunded or not and completes the information requested to proceed with its validation, namely:
  • their email address;
  • their first and last names;
  • their telephone number
  • their financial information: card type and number, cardholder name, expiration date, security code

Step 6: by clicking on the “BOOK” box, the Customer accepts the General Terms and Conditions of Sale and validates their Reservation.

• Step 7: a payment link is then sent to them by email. To definitively validate their Reservation, the Customer must pay online. In the absence of payment, the Reservation is not valid, which the Customer expressly acknowledges.

• Step 7: Receipt of the summary and validation of the Customer’s Reservation sent by email by the Establishment.

5.2. Reservations made directly with the Establishment

The conditions for reservations made directly with the Establishment are identical to those made online.

The Customer indicates the desired hotel, their arrival and departure dates as well as the characteristics of the room and additional services.

They will then be reminded of the total price of the Reservation and the essential specific conditions applicable to the Reservation, including the conditions for modification, cancellation, refund or non-refund of the Reservation, the dates of the stay, the conditions of arrival and departure, the services ordered.

He must provide the Establishment with:

• his email address;
• his first and last names;
• his telephone number;
• and, where applicable, his financial information: card type and number, cardholder name, expiry date, security code.

 
The Reservation is confirmed by sending a summary and the validation of the Customer’s Reservation is sent by email.

• Accuracy of information

In the event of the provision of inaccurate or erroneous data, the Establishment cannot be held responsible for the impossibility of placing an order, or for any other consequence linked to the inaccuracy of the information provided during the online Reservation.

If the Customer does not receive a Reservation confirmation email, this means that their Reservation could not be validated and therefore processed. The Customer is then invited to contact the Establishment or to start their Reservation again.

In the absence of full payment for the Reservation, it is not validated.

The Customer is responsible for the information they provide and must verify its accuracy. In the event of inaccuracy of the information necessary for the proper execution of the Reservation, the Establishment cannot be held responsible if, as a result, the Reservation cannot be processed, which the Customer expressly acknowledges and accepts.

The information requested is essential for the processing, management, confirmation, processing and invoicing of the Customer’s Reservation. The data collected is processed in accordance with the ERGHOT Group’s Privacy Policy and the regulations in force.

The Customer has a right of access and rectification that he can exercise under the conditions provided for in Article 11.

The Customer is informed of the possibility he has to register on the telephone canvassing opposition list (Bloctel).

• Modification and cancellation of Reservations

Cancellations or modifications of Reservations are possible or not depending on the Reservation conditions. In the event of cancellation or modification of the Reservation, this must be done according to the conditions indicated in the Reservation. Failing this, the Customer will not be able to cancel or modify his Reservation and will not be reimbursed, which he expressly accepts.

• Modifiable, cancellable and refundable Reservation:

When the Reservation is modifiable, cancellable and refundable, the entire stay must be paid on site.

The Customer has the possibility to cancel his reservation free of charge up to 48 hours before his arrival date.
During congress periods, the Reservation can only be cancelled 48 hours before the arrival date.
For any late cancellation or no-show at the hotel, the first night will be charged to the Customer’s credit card.

THE CUSTOMER IS ASKED TO KINDLY REGISTER THEIR CANCELLATION DIRECTLY ON OUR WEBSITE AT THE FOLLOWING ADDRESS: www.new-hotel.com.

• Non-modifiable, non-cancellable and non-refundable reservation:

When the Reservation is non-cancellable, non-modifiable and non-refundable, the full price of the stay is debited immediately from the Reservation. The Customer will not be able to cancel or modify their stay or request a refund. In the event of a no-show at the hotel, they will not be refunded either.

5.5. No-show of the Customer – NO SHOW
In the event of a no-show at the hotel on the first night, the Establishment no longer guarantees the availability of the room for the remainder of the stay of the initial reservation. However, the entire stay will remain due to the Establishment, which will not reimburse the Customer if their Reservation was non-cancellable, non-modifiable and non-refundable. In the event of a Reservation that can be canceled, modified or refunded, the first night will be charged, which the Customer expressly accepts.

Article 6 – Prices – Payment

6.1. Prices

The prices issued are determined by a fine price management practice. These may therefore depend on several parameters such as (non-exhaustive list): the reservation date, the date of stay, the time between these two dates, etc.)

Hotel rooms and additional services are offered at the rate(s) in effect at the time of the Reservation appearing on the Site when the Reservation is validated or indicated in the Reservation confirmation sent to the Customer.

Prices are expressed in €uros, All Taxes Included (TTC) at the legal VAT rate in force and excluding tourist tax(es) which are invoiced in addition and the details of which are given to the Customer during his stay in the hotel.

The rates take into account any discounts, promotions, special operations granted by the Establishment.

The Establishment reserves the right to modify its rates. Where applicable, the rate in force is the one applicable at the time of validation of the Reservation by the Customer.

The total amount of the price of the Reservation including the amount of the price of the reserved room as well as the additional services are indicated to the Customer before final validation of his Reservation. He is also informed of the invoicing of tourist taxes in addition.

Any additional service used, consumed by the Customer during his stay is also invoiced in addition.

An invoice is established according to the information provided by the Customer and sent by email at the time of the final validation of the Reservation and at the end of his stay regarding the tourist tax and any additional services purchased during the Customer’s stay.

6.2. Payment terms

The price is payable in cash, in full, at the time of the Reservation by the Customer in the event of a non-cancellable, non-modifiable and non-refundable Reservation.

When the Reservation is cancellable, modifiable and refundable, the entire Reservation is paid upon arrival at the Establishment.

Payment for Reservations on the Site is made online only

The following payment methods are available:

• Bank card;
• MasterCard;
• American Express;
• Visa;
• E-carte bleue;
• JCB;
• Chèque Vacances.

Payment for Reservations made directly with the Establishments is made via a secure link sent by email or telephone.

The Customer guarantees that he/she is the owner of the means of payment he/she uses to pay for his/her Reservation and that he/she is an adult with the capacity to contract.

The Establishment reserves the right to suspend any Reservation in the event of refusal of payment authorization by financial institutions or following a complaint filed with the police.

Unpaid Reservations are not processed, which the Customer expressly accepts and acknowledges. In such a case, the Establishment cannot be validly held liable.
6.3. Late or non-payment

Any amount not paid on its due date by the Customer will automatically result, from the day after said due date, without the need for any reminder, in the application of late payment penalties of an amount equal to the legal interest rate increased by three (3) points. The aforementioned penalties will run until full payment, on the entirety of the amounts due in principal.

In application of Article D. 441-5 of the French Commercial Code or any provision that may replace it subsequently, in the event of late payment, the Customer will automatically be liable, with regard to the Establishment, in addition to the late payment penalties, for a fixed compensation for recovery costs of forty (40) euros. When the recovery costs incurred are higher than the amount of this fixed compensation, the Service Provider may request additional compensation, upon justification.

Article 7 – Right of withdrawal

In accordance with current legislation (art. L.221-18 12° of the Consumer Code), the right of withdrawal does not apply to “accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or period”.

Article 8 – Mutual obligations of the Parties

8.1. Obligations of the Customer

The Customer is required to use the room in accordance with its use and for the number of people for whom he made his Reservation. It is prohibited to take away objects or materials made available in the room. If applicable, the objects must be returned at the Customer’s expense or will be billed to him.

Similarly, in the event of damage, the amount of repairs remains the responsibility of the Customer. If the damage is noticed after the Customer’s departure, the amount of the repairs will be debited directly from his bank card, which the Customer expressly accepts.

In addition, a deposit may be requested within an Establishment to prevent theft, damage or other damage, which the Customer expressly accepts.

He presents himself in a decent manner and must respect the neighborhood and not make a noise day or night.

In the event of indecent behavior, disrespectful towards other Customers and/or contrary to public order and morality, the Establishment reserves the right to dismiss the Customer without reimbursement or other compensation. If applicable, the entire stay reserved will be due to the Establishment.

Minor children remain under the responsibility of their parents or their companions. The stay of children under 12 years old is free when they stay in the parents’ room and after authorization from the Establishment. Breakfast is offered to them.

For children over 12 years old, the current rate for rooms and services applies to them.

The Establishment is non-smoking. Smoking is prohibited in the rooms and common areas.

The Customer is required to pay the price of his stay as well as the additional services consumed on site.

 
8.2. Obligations of the Establishment

The Establishment makes its best efforts to welcome its Customers in the best conditions.

It provides all the information useful for the Customer’s stay in accordance with the rules of the profession.

It ensures the comfort of everyone’s stay and the quality of the services provided.

Article 9 – Complaints

If the quality of the services does not satisfy the Customer, the latter must immediately inform the Establishment. If necessary, and after verification, the Establishment will take the necessary measures.

Article 10 – Force majeure

Neither Party may be considered in default in the performance of its obligations under these Terms, if such performance is delayed, withheld or prevented as a result of force majeure. Force majeure constitutes any cause beyond the control of the Parties, which they could not reasonably foresee and against which they could not protect themselves. Force majeure includes, without limitation, any fortuitous event, any strike, any partial or complete work stoppage, any lockout, any fire, any riot, any intervention by civil or military authorities, any acquiescence to the regulations or orders of any governmental authorities and any act of war (declared or not), and/or exceptional health crisis leading to the closure of the Establishment.

The Party affected by a case of force majeure must inform the other Party without delay of its inability to fulfill its obligations and specify the proposals it can make to remedy the effects of this force majeure, indicating any reasonable alternative means of execution.

In the event of force majeure, exceptional event or impossibility to provide the service and in particular to make the reserved hotel room available to the Customer, the Establishment may reserve the right to accommodate, in whole or in part, the Customer in another hotel of an equivalent category or to provide a service of the same nature, subject to the prior agreement of the Customer. Reasonable expenses relating to the transfer (potential additional cost of the room, transport and a telephone call) between the two establishments shall be borne by the Establishment.

ARTICLE 11 – Data collection – Data Protection and Freedom of Information

The Customer is informed that the Establishment implements personal data processing in order to enable it to manage, invoicing, follow-up of its Customers’ Reservations as well as commercial prospecting.

The personal data thus processed are recorded in the Establishment’s customer file, and the file thus produced appears in the Establishment’s processing register.

The Establishment makes its best efforts to implement sufficient human, technical, legal and organizational resources to operate the processing in compliance with the regulations on personal data. It undertakes to alert the Client in the event of a violation of its rights or security breaches having a major impact on its data as soon as possible.

In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms and the GDPR, the Customer has the right to access, query, modify, port and delete information concerning him/her, to be exercised at any time with the ERGHOT company by post to the following address NEW HOTEL, 75 Boulevard Charles Livon 13007 Marseille or by email to the following address webmaster.nh@new-hotel.com

For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. After processing the request, this proof will be destroyed.
 

The Customer acknowledges and accepts that his/her personal data is communicated to the group companies for the processing and management of Reservations as well as to third parties linked to the ERGHOT group by contract for the execution of subcontracted tasks necessary for the management of Reservations and without the Customer having to give his/her authorization.

In the event of a proven violation of legal or regulatory provisions, this information may be communicated upon express and reasoned request from the judicial authorities.

ARTICLE 12 – Intellectual property

The content of the Site www.new-hotel.com, namely, without this list being exhaustive: the structure, layout, graphic charter, texts, database, images, photographs, sounds, videos or any other element making up the Site are and remain the property of SAS ERGHOT and are protected by intellectual property law. The brands and in particular the brand “NEW HOTEL”, the trade names and logos appearing on this Site are registered trademarks unless otherwise stated.

The Customer undertakes not to make any use of this content without the prior and express authorization of SAS ERGHOT and/or the group; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement. Where applicable, the liability of the perpetrator of the offense will be incurred without prejudice to any damages that may be requested in addition.

ARTICLE 13 – Applicable law

The provisions of this Contract shall be governed by French law.

ARTICLE 14 – Disputes

In the event of any difficulty that may arise between the Parties during the interpretation or execution of these terms, or following the completion thereof, the Parties undertake to settle their dispute in advance by attempting a prior amicable settlement.

Similarly, in accordance with the regulations on consumer disputes and the provisions of the Consumer Code, the customer has the right to use the mediation service offered by the Establishment free of charge. The consumer mediator thus proposed is AME CONSO.

It can be seized:

• by Internet: mediationconso-ame.com
• or by post (by completing the form available on the website):

Consumer mediation AME CONSO – 197 Boulevard Saint-Germain – 75007 PARIS

The Customer is also informed of the possibility for him to use the European Online Dispute Resolution platform to which he can resort. The Customer can access it from the following link: https://ec.europa.eu/consumers/odr/.

In the absence of an amicable agreement, any difficulty likely to arise between the Parties will be submitted to the competent Courts located within the jurisdiction of the Court of Appeal of AIX-EN-PROVENCE for professionals and before the competent Courts for consumers.

Contact us
For any questions, information or complaints you can leave a message at the following address: webmaster.nh@new-hotel.com