Last updated on June 19, 2024 – Download PDF version.
1. Purpose of the General Terms and Conditions of Sale
The purpose of these general terms and conditions (hereinafter “GTC”) is to set out the terms and conditions under which the company La Suite, a SAS with capital of €100,000, registered in the Biarritz Trade and Companies Register under no. 852142603, whose registered office is located at 11 avenue Edouard VII 64200 Biarritz, represented by its president, VERADAM, duly authorised (hereinafter “La Suite Biarritz” or “Vendor”), sells to a customer (hereinafter the “Customer”) accommodation services and additional services, as described in the Reservation (hereinafter “Services”).
2. Documents making up the contract
The Contract governing the contractual relationship between the Parties (hereinafter the “Contract”) comprises the following contractual elements:
- The Reservation made by the Customer. Reservations may be made on the website published by La Suite Biarritz www.lasuitebiarritz.com or on a partner website (such as Booking or Expedia) (hereinafter the “Site”) or by any other means (telephone, e-mail or at the establishment reception desk).
- These general terms and conditions of sale (GTCS)
- Any special conditions applicable to one or more additional Services
- Information policy on personal data
The Customer declares that he/she is at least 18 years old and has full legal capacity when making the Reservation.
Before making the Reservation, the Customer acknowledges having read the documents making up the Contract. These documents are available on the Site, at the reception of the establishment or in the Seller’s email signature).
Where the Customer is a consumer, these documents contain the mandatory pre-contractual information set out in articles L111-1 and L111-2 of the French Consumer Code, articles L.221-5 et seq. of the French Consumer Code, and articles L224-25-5 et seq. of the French Consumer Code.
3. Description of the services offered by Suite Biarritz
La Suite Biarritz offers its Customers hosting services as well as additional services.
3.1 Hosting services
La Suite Biarritz offers hotel room reservations. The essential characteristics of the rooms and accommodation Services, availability, applicable rates, paying options, as well as the applicable conditions (payment, cancellation, etc.) are mentioned on the Site and, in all cases, indicated to the Customer at the time of the Reservation.
3.2 Additional services
La Suite Biarritz also offers its Customers services that complement the accommodation services. These may include the sale of flowers or bottles of champagne.
The essential characteristics of these additional Services, the applicable prices and the applicable conditions (payment, cancellation, etc.) are mentioned on the Site and, in all cases, indicated to the Customer at the time of booking.
4. Sales process for services booked on the Suite Biarritz website
When the Customer wishes to make a Reservation on the La Suite Biarritz Site, the Steps to follow are as follows:
- Step 1: from the Site, select the Accommodation Services you require: number of people (adults, children, babies), dates and number of nights,
- Step 2: select your accommodation category (standard room, city side, ocean side, junior suite, family, suite, etc),
- Step 3: Customers can view photos of the rooms and, by clicking on “More”, obtain the characteristics of the Accommodation Service they have selected (type of accommodation, facilities, breakfast included). The Site indicates a rate per room and per night “From” for the chosen dates of stay,
- Step 4: once the Customer has chosen a category of accommodation, they are invited to click on “Show rates” to obtain the type of rate (flexible, semi-flexible, non-cancellable, non-refundable) and the total amount applicable, depending on the number of rooms and the number of people required. At this stage, the Customer can also add options (bottle, flowers). The pricing policy, payment terms and cancellation conditions are specified. If you are happy with the information displayed, you can continue by clicking on “Book”,
- Step 5: the summary page for the Booking selected is displayed. The Customer is given a summary of their selection and full information on the price of the Booking (type of rate, breakdown of the price by service, amount of VAT, indication of any tourist tax that may be added, total price),
- Step 6: After clicking on “Continue”, the Customer is invited to enter their contact details and payment information,
The Customer has the option of either paying all or part of their Reservation directly on the Site, or on arrival at the establishment, except in the case of an Accommodation Service for which the words “Non-cancellable, non-refundable” are indicated, where payment is made on the Site,
The Customer is invited to read and accept the confidentiality policy and these general terms and conditions of sale (which may be downloaded and kept on a durable medium). - Step 7: The Customer confirms their Reservation by clicking on “Confirm”.
Once the Reservation has been made, the Customer receives an e-mail confirming the Reservation, including the number and date of the Reservation, as well as a summary (type of accommodation, number of rooms, period reserved, etc).
The Client also receives a copy of the contractual documents relating to their Reservation.
The Seller reserves the right to block a Booking, particularly in the event of suspected or proven fraud (compromise of identifiers, etc).
It is specified that when the Reservation is made on the Site by a consumer, the Contract constitutes a contract concluded at a distance, within the meaning of article L. 221-1 of the French Consumer Code.
5. Prices and payment
5.1 Pricing policy for accommodation services
La Suite Biarritz offers 3 types of rates for accommodation services:
- Flexible rate: cancellation is free up to 3 days before the agreed arrival date.
From 2 days before arrival, 100% of the total amount of the Reservation is due (including Additional Services).
Payment is made on the day of arrival to the bank card used to make the Reservation, which serves as a guarantee of payment. - Semi-flexible rate: cancellation is free up to 8 days before the agreed arrival date. From 7 days before arrival, cancellation charges apply.
From 2 days before arrival, 100% of the total amount of the Reservation is due (including Additional Services).
Payment is made on the day of arrival to the bank card used to make the Reservation, which serves as a guarantee of payment. - Non-cancellable and non-refundable price: the Reservation cannot be cancelled by the Customer. 100% of the total amount of the Reservation is due (including Additional Services).
Payment is made on the day of arrival to the bank card used to make the Reservation, which serves as a guarantee of payment.
5.2 Pricing conditions
The prices applicable to the Services are those in force at the time of the Customer’s Reservation.
These rates may vary according to the category of accommodation, the period selected and the number of people. Rates also differ according to the applicable cancellation policy and whether payment is made via the Site, a partner site or directly on site. Rates are generally lower if the Customer chooses to pay on the Site and if the Booking is indicated as “non-cancellable and non-refundable”.
When confirming a Reservation for a Service, the Customer is given full information about the total price of the Reservation (the type of tariff applicable, the breakdown of the price per Service, the amount of VAT).
Tourist tax is extra. The amount is indicated at the time of booking and must be paid directly to La Suite Biarritz.
The price of Additional Services must also be paid on site on arrival.
Any consumption or expenses incurred by the Customer on site will be payable by the Customer to La Suite Biarritz on the day of departure.
In addition, if the Customer does not vacate the Room(s) before the time indicated (generally 12.00 noon on the day of the end of the Reservation), the Customer will be charged for additional hours or nights. Any modification or addition of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the payment.
5.3 Terms of payment
The Customer provides his/her payment details either to prepay the Reservation before the stay, (ii) or as a guarantee for the reservation.
The guarantee of the Reservation by credit card refers to the recording of the Customer’s payment details at the time of the Reservation. The Customer’s bank card is not debited and payment for the stay is made directly to La Suite Biarritz on the day of arrival.
An invoice will be sent in electronic format to the e-mail address communicated by the Customer at the time of booking; if the Customer wishes to receive an invoice in paper format, he/she must expressly request this from La Suite Biarritz.
With the express agreement of the establishment, and if the Customer has not prepaid the Reservation on the Site, La Suite Biarritz may, on the day of the Customer’s arrival, make a request to the Customer’s bank for authorisation to charge the Customer’s bank card up to the amount of the Reservation and a flat-rate amount.
to cover any consumption or expenses incurred by the Customer on site (drinks, tourist tax, etc.). This lump sum is determined by La Suite Biarritz according to the number of people and the number of nights booked.
This pre-authorisation request corresponds to a reserve for subsequent payment, authorised by the Customer’s bank, which temporarily reduces the ceiling of the bank card used to guarantee the possibility of the subsequent debit.
At the time of prepayment of a “non-cancellable and non-refundable” Reservation, the amount of the deposit that is debited includes the total amount indicated at the time of reservation and, where applicable, the price of the options selected by the Customer.
6. Cancellation and modification of reservation
6.1 Non-application of the right of withdrawal
The Consumer Customer is hereby informed that the Consumer Code in principle provides for a right of withdrawal of 14 days for contracts concluded at a distance.
However, in certain cases, this right of withdrawal does not apply.
Article L. 221-28 paragraph 12 of the French Consumer Code excludes this right for contracts relating to accommodation services that must be provided on a specific date or for a specific period.
6.2 Cancellation or modification conditions implemented by La Suite Biarritz
The cancellation policy for Services depends on the type of tariff applicable to the Customer’s Reservation:
- Flexible rate: cancellation is free up to 3 days before the agreed arrival date.
From 2 days before arrival, 100% of the total amount of the Reservation is due (including Additional Services). - Semi-flexible rate: cancellation is free up to 8 days before the agreed arrival date. From 7 days before arrival, cancellation charges apply.
From 2 days before arrival, 100% of the total amount of the Reservation is due (including Additional Services). - Non-cancellable, non-refundable price: it is not possible for the Customer to cancel the Reservation. 100% of the total amount of the Reservation is due (including Additional Services).
6.3 Cancellation insurance (optional)
In addition to La Suite Biarritz’s cancellation policy, the Customer may, if he/she so wishes, subscribe to the optional Safebooking cancellation insurance service offered by the third-party service provider Gritchen Affinity.
In this context, the Customer acknowledges that he/she has read and accepts the summary of the insurance as well as the conditions of sale of the cancellation insurance offered by the third-party service provider Gritchen: https://www.secure-bookings.com/Terms/Insurance/Safebooking- en.pdf?_gl=1*imj299*_gcl_au*Mzc5OTc2MDM0LjE3MTU2OTQxNjc.
7. Customer commitments
If requested to do so by Suite Biarritz, the Customer undertakes to provide the establishment with his/her identity papers and, if necessary, to complete a police form.
The Customer undertakes to comply with these GTC and to behave in a respectful and decent manner within the establishment. In this respect, he/she undertakes to comply with the house rules made available to him/her in the room reserved.
In particular, the Customer undertakes not to:
- inviting to the establishment a person who has not been declared in advance at reception; – smoking in the establishment;
- damaging or stealing furniture or equipment provided on the premises
- more generally, any behaviour contrary to public order and morality.
The Customer is responsible for all damage caused by him/her and/or his/her guests within the establishment and shall bear all costs incurred as a result of such damage and/or failure to comply with the aforementioned rules. La Suite Biarritz reserves the right to invoice the Customer in this respect and to debit the Customer’s means of payment for the amount of the costs relating to such damage.
8. Responsibility of the Suite Biarritz
Provisions applicable only to consumer customers who have made a Reservation on the La Suite Biarritz website:
In accordance with the legal provisions in force, the Seller is automatically liable to the Customer for the proper performance of the obligations arising from a Contract concluded at a distance. However, the Seller may be exonerated from all or part of its liability by proving that the failure to perform or improper performance of the Contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the Contract, or to a case of force majeure.
Provisions applicable to all customers :
Subject to the application of the aforementioned mandatory provisions relating to distance contracts for consumer customers, the Vendor shall only be held liable in the event of a proven fault on the part of the Customer.
The Customer is solely responsible for the choices he makes and the information he provides to the Vendor. Accordingly, the Parties agree that the Vendor may not be held liable if the Services are unsuited to the needs and information expressed by the Customer.
The Seller is only responsible for the Services expressly assigned to it under this Contract.
Nor is the Seller responsible for any harmful consequences linked to the communication network or Internet access failures.
The Seller may only be held liable for direct damage attributable to it in respect of the performance or non-performance, even partial, of its obligations under the Contract, it being specified that indirect damage is excluded.
Thus, the Vendor may not be held liable for any indirect loss, loss of opportunity, loss of data, damage to image or any other special loss or event beyond its control or for any reason not attributable to it.
By express agreement between the Parties, the Vendor’s liability is limited to the sum of €500 for all direct damages combined, except in the event of a proven breach.
9. Insurance
The Seller has taken out a professional liability insurance policy to cover any direct physical, material or immaterial damage that it may cause in the context of this Contract.
10. Force majeure
Neither of the Parties may be held liable for any delay or failure due to the occurrence of a case of force majeure as usually recognised by the case law of the French courts.
The Party wishing to invoke a case of force majeure must notify the other Party by registered letter with acknowledgement of receipt as soon as possible after becoming aware of such an event. As soon as the effects of the force majeure event invoked have disappeared, the Party affected will immediately resume performance of its obligation.
In the event that the effects of the event constituting force majeure persist for more than 15 days, the Parties agree that this Contract may be terminated by operation of law at the initiative of the most diligent Party by registered letter with acknowledgement of receipt, without this affecting the terms of payment for the Services performed.
11. Personal data
In the course of providing the Services, the Vendor has access to the Customer’s personal data. All of the Customer’s personal data processed by the Vendor is subject to a confidentiality policy, in accordance with the provisions of Act no. 78-17 of 6 January 1978 (known as the “Data Protection Act” or “LIL”) and the General Regulation on the Protection of Personal Data (“RGDP”) no. 2016/679.
The Customer acknowledges having read this policy at the latest when concluding the Contract and accepts its terms unreservedly.
12. Intellectual property rights
The Vendor holds the intellectual property rights relating to its Site and the Services offered. The Customer acknowledges that this Contract does not confer upon him any right of ownership over these intellectual property elements. The provision of these elements in the context of browsing the Site and/or making a Reservation may not be analysed as the transfer of any intellectual property rights, within the meaning of the French Intellectual Property Code.
Thus, the right of access and use granted to the Customer hereunder is exclusive of any transfer of intellectual property rights. This applies in particular to the rights referred to in articles L 122-1, L 122-6 and L 122-7 of the French Intellectual Property Code.
The Customer is strictly forbidden to make any other use of the intellectual property elements referred to above, and in particular any reproduction, adaptation, modification, representation, translation, arrangement, distribution or decompilation, without this list being exhaustive.
The Customer undertakes not to infringe the rights of the owner in any way whatsoever and not to take any action that may result in the infringement of all or part of the elements of the Site and/or the Services.
The Customer is hereby informed that any use that does not comply with the provisions of these terms and conditions may expose him/her to legal action (unfair competition, counterfeiting, etc.).
The Customer is hereby informed that the Holder may use pre-existing works for which it has obtained the rights necessary for their use.
13. Evidence agreement
The Customer acknowledges the validity and evidential value of electronic exchanges and recordings made by the Vendor and accepts that said recordings have the same evidential value as a handwritten document signed by hand. All data and computer or digital files recorded on the Site as well as on the Vendor’s reservation software will be considered as proof of the facts to which they relate.
14. Miscellaneous
Each of the clauses of this Contract must be interpreted, as far as possible, in such a way that it is valid under the law applicable to it. If any provision of this Agreement is found to be illegal, invalid or unenforceable by any competent court or administrative authority pursuant to an enforceable decision, such provision shall be deemed unwritten, without affecting the validity of the remaining provisions, and shall be replaced by a valid provision of equivalent effect, which the Parties undertake to negotiate in good faith, and as the Parties would have agreed had they known of the illegality, invalidity or unenforceability of the said provision. The fact that a Party does not avail itself of any provision of this Contract shall under no circumstances constitute a waiver of its right to demand compliance with each of its clauses and conditions.
15. Applicable law – Jurisdiction
This Contract is governed by French law.
Pursuant to articles L 611-1 et seq. of the French Consumer Code, the Customer has the right to have recourse free of charge (excluding any legal or expert fees) to a consumer mediator with a view to the amicable resolution of a dispute between the Customer and the Seller.
The Seller adheres to the service of the mediator whose coordinates are as follows: Médiation Tourisme et Voyage BP 80 303 75 823 Paris Cedex 17 – Website: www.mtv.travel
After the Customer has approached the Vendor in writing without success, the matter may be referred to the Ombudsman’s service for any consumer dispute that has not been settled within 30 calendar days.
Since 15 February 2016, the European Commission’s online platform for the amicable settlement of disputes has been open to the public. Any consumer who encounters a dispute with a company located in the territory of the European Union may submit a request for mediation via this European platform. The Customer may also consult the European Commission’s website dedicated to consumer mediation: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
In the event of a dispute with a Customer which has not been settled amicably, jurisdiction is expressly assigned to the court of the defendant’s place of residence, in accordance with article 42 of the Code of Civil Procedure.
Provisions applicable to professional customers :
Any dispute arising from the interpretation, performance or termination of this Contract shall be subject to a prior attempt at amicable settlement by the Parties.
In the absence of an amicable settlement within thirty (30) days of notification of the dispute by the most diligent Party, the dispute will fall within the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Pau, notwithstanding multiple defendants or the introduction of third parties, even for emergency proceedings or protective proceedings.