Terms and conditions
PREAMBLE
The www.bourgogne-montana.com website, hereinafter referred to as "the site", is a hotel reservation tool.
It is published by Biografy Group, a company with share capital of €28,841,835, whose registered office is at 32, avenue de l'Opéra - 75002 PARIS and which is registered with the Paris Trade and Companies Register under number RCS 429 706 781. Intra-Community VAT FR 55 429 706 781. To contact us: contact@biografygroup.com or by telephone on 01 53 09 30 30.
For the application of these general terms and conditions of sale, it is agreed that the customers and HOTEL BOURGOGNE & MONTANA will be collectively referred to as the "Parties" and individually referred to as the "Party" and that the user who has validated a reservation or an order will then be referred to as the "Customer".
These general conditions of sale apply to all countries and all currencies. Any reservation or order implies full acceptance of the general terms and conditions of sale.
HOTEL BOURGOGNE & MONTANA reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale applicable remain those in force on the date of the reservation or order.
ARTICLE 1: GLOSSARY
"Confirmation email": electronic mail sent by HOTEL BOURGOGNE & MONTANA as the final step in the reservation or order process. This summarises the reservation validated by the customer and confirms its receipt by the www.bourgogne-montana.com website. The confirmation email constitutes a booking confirmation as defined below.
"Booking Confirmation": A dematerialised document which summarises the characteristics of the services booked at the end of the booking process and its validation by the Customer. The Booking Confirmation is issued, in particular, after a booking has been made on the www.bourgogne-montana.com website, during which the Customer's bank card number is entered as part of an online payment or guarantee before proceeding with the final validation.
"HOTEL BOURGOGNE & MONTANAL Contract": Contract for the provision by HOTEL BOURGOGNE & MONTANAL of all the services defined below and which have actually been ordered by the Customer following validation of his/her reservation online or by another reservation method.
"Customer": An individual of legal age who has full legal capacity at the time of signing the establishment's contract.
"Reservation request": Request for reservation of rooms or tables in the restaurant, made by the customer via mobile communication services or the Internet.
"Mobile services": All services and protocols enabling mobile telephones to be connected to the Internet, and enabling in particular the consultation and reservation of services provided by HOTEL BOURGOGNE & MONTANA.
"Online Reservation": Reservation of rooms, restaurant tables and any accessories or additional services offered by the HOTEL BOURGOGNE & MONTANA on its website www.bourgogne-montana.com.
"Booking by telephone or e-mail": Booking of rooms or additional services offered by HOTEL BOURGOGNE & MONTANA by telephone call or by sending an e-mail by the Customer, in accordance with the booking registration process as described in these general terms and conditions of sale.
"establishment": Refers to the HOTEL BOURGOGNE & MONTANAL establishment with rooms or any other ancillary services offered on the www.bourgogne-montana.com website.
"Services": Services marketed by HOTEL BOURGOGNE & MONTANAL consisting, within the framework of a contract with the establishment, of the provision of rooms, the essential characteristics of which are presented on the website www.bourgogne-montana.com, with or without the provision of meals and/or breakfasts and other complementary services linked to temporary accommodation, in particular artistic entertainment. In accordance with the provisions of article L. 111-1 of the French Consumer Code, these services are listed on the www.bourgogne-montana.com website.
"Extras": services marketed by the HOTEL BOURGOGNE & MONTANA consisting, within the framework of a contract between the establishment and its customers, of services different from and complementary to those offered in the provision of rooms, the essential characteristics of which are presented on the www.bourgogne-montana.com website.
"Website": electronic service operated by HOTEL BOURGOGNE & MONTANA on the Internet and accessible via the following URL: www.bourgogne-montana.com.
"WAP": communication protocol whose purpose is to allow access to the Internet using a mobile terminal.
ARTICLE 2: SCOPE OF APPLICATION
2.1 SCOPE
These general terms and conditions apply, without restriction or reservation, to all the services offered on the www.bourgogne-montana.com website by HOTEL BOURGOGNE & MONTANA, which operates the aforementioned site, in particular for the purposes of booking rooms and other services complementary to temporary accommodation in the establishment.
2.1.2. These General Terms and Conditions apply to all subscription operations for the services defined above carried out by the Customer.
2.2 TERRITORY
The services listed on this website are offered to be provided to the Customer by HOTEL BOURGOGNE & MONTANA in one of its establishments to the exclusion of any other location following an effective reservation by the Customer.
2.3 DURATION
2.3.1. These general terms and conditions shall apply for as long as the HOTEL BOURGOGNE & MONTANA provides its services online on its www.bourgogne-montana.com website.
2.3.2. HOTEL BOURGOGNE & MONTANA reserves the right, without notice or compensation, to temporarily or permanently close the www.bourgogne-montana.com website or the online reservation space.
2.3.3. HOTEL BOURGOGNE & MONTANA shall not be liable for damages of any kind that may result from the temporary unavailability or permanent closure of all or part of the site or the services associated therewith, such as the online reservation area.
2.4 LEGAL STATUS
2.4.1. These general terms and conditions are subject to the provisions of articles L. 121-16 et seq. of the French Consumer Code.
2.4.2. Any reservation for the consumption of the services defined above, made on the www.bourgogne-montana.com website, is subject to the present general and special terms and conditions of tariffs for each of the said HOTEL BOURGOGNE & MONTANA services set out below.
2.5. PURPOSE
2.5.1. These general terms and conditions define the rights and obligations of the parties in the context of the remote booking of services offered by HOTEL BOURGOGNE & MONTANA on its website www.bourgogne-montana.com.
2.5.2 They govern all the steps necessary for the reservation and follow-up of the reservation between the contracting parties, its maintenance and its validity.
ARTICLE 3: CAPACITY AND ACCEPTANCE OF THE CUSTOMER
3.1 All Customers acknowledge that they have the capacity to contract under the conditions described in the general conditions presented below, i.e. that they are of legal age and not under guardianship or curatorship. However, the Management of the establishment reserves the right to ask the Customer, on arrival at the establishment, for proof of identity including, in particular, an indication of his/her date of birth.
3.2. The Customer acknowledges that these conditions are an integral part of the establishment's contract.
3.3. The Customer accepts that the General Terms and Conditions, the contractual documents informing him/her of the specific services and rates for each of the services, as well as the order forms and the procedures for doing so, are presented to him/her online on the www.bourgogne-montana.com website for the purposes of concluding the Facility Agreement.
3.4. The Customer declares that he/she has obtained all necessary information from HOTEL BOURGOGNE & MONTANA on the www.bourgogne-montana.com website.
3.5. The Customer acknowledges having read these general terms and conditions, having accepted them and all the terms of the proposal before placing the order and having accepted all the terms.
3.6. Any validation of an online booking on the www.bourgogne-montana.com website by the Customer implies prior consultation and acceptance of these general terms and conditions.
3.7. The Customer's agreement to these general terms and conditions is obtained during the booking process, prior to validating the booking.
3.8. Prior to ordering the services, the Customer declares that the reservation of these services is made for his/her personal needs.
3.9. The Customer has the option of saving and editing these General Terms and Conditions from the www.bourgogne-montana.com website using the standard functions of their browser and/or computer, in particular under the "General Terms and Conditions" tab.
3.10. The Customer expressly accepts that entering the required bank details, accepting these general terms and conditions and validating the voucher or booking request constitute an electronic signature within the meaning of article 1316-4 of the French Civil Code, which has the same value between the parties as a handwritten signature.
ARTICLE 4: CONTENT OF THE SITE
4.1. The Site contains the following information:
Identification of the HOTEL BOURGOGNE & MONTANA company, indicating its corporate name, the address at which it is established and its e-mail address.
The essential characteristics of the accommodation offered (the information sheets for each category of rooms offered can be consulted before booking under the heading "ROOMS" for each of the establishments concerned, during the booking process under the room availability calendar and when choosing the room according to the dates chosen by the Customer for his/her booking, which may be illustrated by a photographic image of a room at the same rate. It should be noted, however, that PHOTOS ARE NOT CONTRACTUAL insofar as the elements of interior presentation or decoration as well as the size of the rooms are different within the same establishment or from one establishment to another).
The prices of each of the services relating to accommodation and additional services.
Terms and conditions of payment.
The general terms and conditions of sale.
The period of validity of the offer and its price.
The minimum duration of the proposed contract, if applicable.
The absence of a right of withdrawal and, where applicable, the cancellation procedure.
4.2. All the information on the www.bourgogne-montana.com website is presented in French and English.
ARTICLE 5: RESERVATIONS
5.1. ONLINE BOOKING PROCEDURES
5.1.1. The Customer chooses the services presented on the www.bourgogne-montana.com website, which offers the possibility of reserving a room or a table, according to transparent contractual rates with or without options or Extras left to the Customer's free choice.
5.1.2. The Customer acknowledges that he/she is aware of the nature, purpose and booking terms of the services available on the www.bourgogne-montana.com website and that he/she has requested and obtained the necessary and/or additional information in order to make his/her booking with full knowledge of the facts.
5.1.3. The Customer is solely responsible for the choice of services and their suitability for his/her needs, such that HOTEL BOURGOGNE & MONTANA may not be held liable in this respect.
5.1.4. The reservation is deemed to have been accepted by the customer at the end of the reservation process by clicking on the "CONFIRM RESERVATION" field.
5.2. ONLINE BOOKING PROCESS
5.2.1. The reservation is confirmed upon receipt by the customer of the reservation confirmation sent by HOTEL BOURGOGNE & MONTANA, or upon online payment by credit card under the conditions set out in article 5.2.4. A confirmation screen will then appear online.
5.2.2. The Customer undertakes, prior to any reservation, to complete the information requested.
5.2.3. The Customer certifies that the information provided is true and accurate.
5.2.4. The reservation procedure, which is secured under the conditions of article 9 below, includes the following stages, it being specified that it is always possible for the Customer to reverse the reservation process:
Choice of place of stay: the Customer selects the establishment by choosing the town in which they wish to stay.
Choice of start date of stay (arrival) and end date of stay (departure)
If the arrival and departure dates are not entered, a calendar is displayed showing the days available or fully booked for the previously selected establishment. For each available day, the calendar shows the best available rate under the date. This shows the best available rate per night and for a customer. By clicking on the dates, Customers can select their day of arrival and departure and access the following stages.
Choosing the number of rooms booked: The Customer clicks on the number of rooms chosen for the dates of their stay. If several rooms are booked, the booking process continues room by room.Selecting the number of adults per room: The Customer selects the number of adults per room by clicking on it.
Choice of number of children per room: The Customer chooses the number of children per room by clicking on it.
Choice of rooms and associated rates: By clicking, the Customer chooses between the different rooms and rates available based on the information entered in the previous steps, including their essential characteristics, such as the category of the room on the date previously chosen, its price, its level of equipment, any Extras included for special offers, cancellation conditions and payment conditions. Customers are reminded that any photos or perspectives included on the site are non-contractual.
Choice of Extras: the customer can add, by a simple click and subject to availability, one or more extras proposed on the basis of the information entered in the previous stages. These extras display prices, quantities and special features. By clicking on "add" or "add an element", the Customer completes the selection and entry of the elements that are the subject of the online reservation, without prejudice to the possibility of modifying the elements of the reservation by going back to the previous reservation process.
Booking summary: the booking summary is displayed in a box on the left.
Finalising the booking: by clicking on the "confirm my booking" button, the Customer validates the elements summarised and displayed making up their booking and the fields required for the Customer to enter their identity, contact details, including postal address, e-mail address and telephone number, and the type of holiday, as well as the method of payment and details of the bank card used for online payment, and to provide a guarantee by means of bank card details depending on the price chosen, appear; acceptance of these general terms and conditions; final confirmation by the Customer of their booking by clicking in the "Confirm booking" field at the bottom of the page. Before confirming their reservation, the Customer may write a request for clarification or a special request in a field dedicated to this purpose, "special requests", which is not contractually guaranteed by HOTEL BOURGOGNE & MONTANA unless a written reply is received when the request is registered with the possibility of providing the requested service including the indication of its price, if applicable, for acceptance by the Customer. By clicking on "Confirm reservation", the Customer pays, or gives their guarantee by credit card depending on the rate they have booked. Last stage: registration by HOTEL BOURGOGNE & MONTANA of the reservation made by the Customer and allocation of a booking confirmation number.
5.3. FORMATION OF THE ONLINE CONTRACT
5.3.1. In accordance with articles 3.10 and 5.2.4, the Hotel Contract is formed at the time of confirmation of the Customer's reservation by HOTEL BOURGOGNE & MONTANA including the allocation of the relevant reference number as stated in the previous article.
5.3.2. The establishment's contract can only be formed once the Customer has chosen the content of his/her reservation, which has been fully summarised at the last stage of the reservation process, has accepted these general terms and conditions and has validated his/her reservation by clicking on the "Confirm reservation" button. Failing this, the booking is considered to have been interrupted and can have no effect.
5.3.3. In all cases of online reservations, a summary e-mail is sent to the Customer at the e-mail address indicated in the field reserved for this purpose. This e-mail constitutes an acknowledgement of receipt of the reservation and the confirmation of the reservation which summarises the terms of the contract, the services reserved, the prices, the price conditions relating to the tariff selected, information relating to after-sales service and commercial guarantees if any, the procedures for exercising any right of withdrawal or cancellation, as well as the address of HOTEL BOURGOGNE & MONTANA to which the Customer may submit any complaints.
5.4. OTHER BOOKING METHODS (EXCLUDING ONLINE)
5.4.1. Booking by telephone
5.4.1.1. Reservations by telephone as defined below are made on the telephone numbers listed.
5.4.1.2. When the Customer requests a reservation by telephone, the HOTEL BOURGOGNE & MONTANA will offer the available rates and related additional services according to the Customer's request for the dates requested. The HOTEL BOURGOGNE & MONTANA also requests a telephone number and an e-mail address where the HOTEL BOURGOGNE & MONTANA will send the Customer these general terms and conditions of sale as well as a summary of the Customer's reservation request and, if applicable, the request to provide bank details for the purposes of registering their reservation, with or without payment during the reservation process of the price, a deposit or a guarantee by bank card details depending on the applicable rate determined by the Customer at the time of their reservation request.
5.4.1.3. All the information and conditions required by HOTEL BOURGOGNE & MONTANA in response to the Customer's reservation request by telephone constitute essential formalities for the registration of the Customer's reservation made by telephone. Failing this, the reservation cannot be validated or confirmed.
5.4.1.4. By sending back the information required by HOTEL BOURGOGNE & MONTANA, at least by e-mail, the Customer will not be able to complain about the non-registration of his/her reservation, the establishment's contract not being formed as a result of the Customer's failure to provide such information and conditions. Only written confirmation of the reservation will be deemed to constitute the conclusion of the contract.
5.4.3. Booking by e-mail
5.4.3.1. Reservations by e-mail, as defined below, must be sent to the e-mail address indicated on the site pages, i.e. bmontana@bourgogne-montana.com.
5.4.3.2. When a reservation request is made by e-mail, the HOTEL BOURGOGNE & MONTANA will propose, by return e-mail to the address from which the reservation request is made, the available rates and related additional services, according to the Customer's request for the dates requested. By the same return e-mail, the HOTEL BOURGOGNE & MONTANA will send the Customer these general terms and conditions of sale at his/her request, together with a summary of his/her reservation request and, where applicable, a request for bank details for the purposes of registering his/her reservation, with or without payment during the reservation process of the price, a deposit or the guarantee deposit of a security deposit by bank card details according to the applicable rate determined by the Customer at the time of his/her reservation request.
5.4.3.3. All the information and conditions required by HOTEL BOURGOGNE & MONTANAL in response to the Customer's reservation request by e-mail constitute substantial formalities for the registration of the Customer's reservation made by e-mail. Should the Customer, having made a reservation request by e-mail, fail to comply with the requirements of the HOTEL BOURGOGNE & MONTANA's present general terms and conditions of sale, the Customer may not complain that his/her reservation has not been registered. Only the written confirmation of the reservation is valid.
5.5 Right of Withdrawal / Cancellation by the Customer :
5.5.1 In accordance with article L. 121-20-4 of the French Consumer Code, the Customer is reminded that he/she does not have the right of withdrawal as provided for in article L. 121-20 of the French Consumer Code, if the services are provided on a specific date or at a specific time.
5.5.2. Without prejudice to the provisions of article 5.5.1, the contractual conditions may, where applicable, provide for a right of cancellation, depending on the content of the reservation validated by the Customer, and as indicated for each rate, when the reservation is made under the heading "Flexible rate / Tarifs flexibles". In this case, the customer has been informed of the relevant cancellation conditions. These conditions are also indicated during the various stages leading up to payment.
5.5.3. If the specific conditions of the rate allow it, either for bookings made under the heading "Flexible rate" or under another heading expressly mentioning the benefit of this right of cancellation, the right of cancellation by the Customer must be exercised before 6pm, the day before arrival - Paris time (France). Late notification of cancellation will result in the application of late cancellation charges equal to the first night's accommodation, plus any extras included in the Customer's reservation, according to the rate applicable to the reservation validated by the Customer, all taxes included.
5.5.4. The right of cancellation defined in article 5.5.2 may be exercised by the Customer on the www.bourgogne-montana.com website, on the my account page, after logging in with his/her confirmation number or email and password. The option tab then proposes cancellation of the reservation. By clicking on the OK button, the cancellation will take effect immediately and all packages associated with this booking will also be cancelled. An email confirming the cancellation will then be sent to the customer.
5.5.4.1 Depending on the offers selected by the customer, cancellation by telephone is also possible. This must be accompanied by an email from the Customer, followed by a cancellation confirmation email from the HOTEL BOURGOGNE & MONTANA.
5.5.5. In the event of interruption of the stay, the full agreed price will be collected, with no right to reimbursement or to any credit or exchange for the Customer for the part of the stay not used in the establishment. In the case of reservations where payment is made at the time of booking, no refund will be granted.
5.5.6. Unless otherwise expressly stipulated, particularly in the case of extras purchased for this purpose, the customer must leave the room before 12.00 p.m. on the day of the end of his/her stay. Failing this, and subject to availability, a late check-out will be offered. This will be billed at 50% of the room rate on the day of the late check-out. This rate will end at 6pm French time. After this time, an additional night will be charged. Overnight rates will vary according to the room occupied and the day monopolized. If a room is not available, the HOTEL BOURGOGNE & MONTANA reserves the right to access the unoccupied room in order to prepare it for new arrivals.
5.5.7. Without prejudice to the application of the right of cancellation under the conditions of article 5. 5 for "Flexible rates", any no-show or no-show (reservation not cancelled in the event of a right of cancellation and customer not present) without prior notice from the establishment in order to take possession of the room booked by the Customer, shall constitute release of the reservation in its entirety, implying the return to availability of the night(s) booked, and shall automatically result in the first night's charges relating to the stay booked being payable, including all extras booked, all taxes included, without any right to reimbursement for the benefit of the Customer.
5.5.8. The conditions set out in article 6 apply to all reservation methods: internet, email, telephone or social networks.
ARTICLE 6: RATES & PRICES
6.1. The prices for the reservation of services are indicated before and during the reservation process. The prices are valid in real time and are displayed in accordance with the conditions set out in article 5.2.4. Similarly, for other reservation methods by telephone or e-mail, the rates are valid at the time of the reservation request made by the Client. They are also accessible under the heading "view of available rates on the calendar". In any case, the specific conditions of each rate/room type or additional services are listed opposite each of the services booked by the Client.
6.2. The prices indicated are per room and per adult, it being specified that the chosen rate implies by default and unless a particular "extra" is subscribed for this purpose, a check-in by the Client at 3 pm and a check-out at 12 pm. At check-in, a credit card imprint and a piece of identification will be required. In the event of a no-show, BOURGOGNE & MONTANA HOTEL reserves the right to charge the credit card left as an imprint during check-in.
6.3. Prices are subject to value added tax (VAT) and are displayed in the amount including VAT at the rate in force at the time of confirmation of the reservation, in Euros or in the currency selected by the client. The prices displayed are valid only for the period indicated on the website.
6.4. If the payment is made in a currency other than the currency of the customer's country of residence, the customer will be responsible for the exchange costs.
6.5. All reservations are payable in Euros as specified during the reservation process.
6.6. Unless otherwise stated, any additional services and extras selected are not included in the price. However, the price of these additional services validated in the Customer's reservation is payable during the online or offline reservation process if the rate is different from the "Flexible rate". These rates are also subject to VAT at the rate in effect at the time of the reservation, if applicable, depending on the regulations applicable to these categories of products or services at a rate other than that applicable to the room reservation.
6.7. Tourist tax: the amount of the tourist tax is provided per day and per person, as an indication, and is subject to change. This tax is collected for the benefit of the municipality of Paris and must be paid on site during the stay.
6.8. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the prices indicated, in particular in the event of a change in the rate applicable on the day of consumption of the stay and the Extras subscribed to compared to the rates applicable at the time the reservation was made.
6.9. If a rate implies that payment is made at the establishment at the time of arrival or departure of your stay, and the client's currency is not the same as that of the country in which the establishment is located, the rate debited by the latter may be different from the one communicated at the time of reservation, taking into account possible changes in exchange rates between the date of reservation and the dates of stay at the establishment.
6.10. Any item stolen from the room during the stay will be charged at the current rate. Rates available at the reception of each establishment.
6.11. In the event of damage to the room, common areas or various objects, the BOURGOGNE & MONTANA HOTEL reserves the right to charge the customer for the damage caused.
ARTICLE 7: PAYMENT
7.1. The Customer provides his or her bank account details as a guarantee for the reservation except for special conditions or rates requiring online payment as stipulated during the reservation process and, in particular, those offered under the heading "internet, best available rate".
The entry of the means of payment is secured by SSL encryption. The following information will be requested in order to finalize your reservations: card number, validity date and visual cryptogram in the case of online payment via the payment platform dedicated to this purpose. The same applies to the communication of bank details required for reservations made by telephone or e-mail, according to the conditions of form required, which imply either payment at the time of reservation, or the requirement of a deposit by credit card imprint, depending on the reservation rate.
7.2. The payment is debited at the establishment during the stay, except in the case of special conditions or rates where the payment is debited at the time of reservation when certain rates are subject to the requirement of payment during the reservation process according to the particular contractual conditions previously accepted by the Client.
7.3. The service provider chosen by BOURGOGNE & MONTANA HOTEL to secure online payments by credit card, checks the validity of the Customer's payment card. The payment card may be refused for several reasons: stolen card, blocked card, ceiling reached, input error, etc. In the event of difficulty or impediment, the Customer must contact his or her bank to identify the origin of the problem and the establishment to confirm the reservation and the method of payment.
7.4. If the customer books several rooms, but payment online and in any case during the booking process is only required for one room, for example, in this case the payment card used on the payment platform can be used to pay for the room concerned by the online payment and in any case during the booking process, and can also be used as a guarantee for the other rooms.
7.5. At the time of the online payment and in any case when it is required during the reservation process, the amount that is debited at the time of the reservation includes: the price of the accommodation, the taxes related to the accommodation, the price of the complementary services or "extras".
7.6. In the case of a fare subject to online payment, the debit is made at the time of completion of the reservation by the Customer following a computerized online debit process.
7.7. Following a stay in one of the establishments BOURGOGNE & MONTANA HOTEL and regardless of how the reservation was made, an invoice is drawn up in duplicate by BOURGOGNE & MONTANA HOTEL, one copy of which is given to or sent by email to the Customer upon departure from the establishment.
7.8. During the Client's stay, if the payment, online and in any case during the reservation process, has not already been made, and if the amount of the Client's invoice exceeds the value of 400 Euros, the Management may demand payment of the service provided, in respect of the said stay, in the manner provided for in the present article 7.
7.9. Payment by cheque is not accepted, whether for temporary accommodation and/or catering services and/or any other services or sales of products provided by the BOURGOGNE & MONTANA HOTEL to the Customer during his or her stay in the establishment.
7.10 In any event, any "Extras" or other services booked and delivered by the BOURGOGNE & MONTANA HOTEL during the Customer's stay and not paid for in advance at the time of booking must be paid for by the Customer at the latest at the time of Check-out.
ARTICLE 8: CLAIMS
8.1. For any complaint the Customer is invited to send a letter or an email to :
HOTEL BOURGOGNE & MONTANA
3, rue de Bourgogne
75007 Paris France
Email: bmontana@bourgogne-montana.com
8.1. The BOURGOGNE & MONTANA HOTEL is bound by the guarantee of conformity of the services, under the conditions set out in articles L. 111-2. of the Consumer Code, without prejudice to any additional contractual guarantee that may be specifically agreed between the parties, outside of these general conditions, following a written contract duly signed by the parties.
8.2. The BOURGOGNE & MONTANA HOTEL endeavours to ensure that the photographs, graphics and texts provided give as accurate an idea as possible of the accommodation, food and other additional services offered. However, the Photographs are not contractual, because, on the one hand, the various rooms, even when they are at an identical rate, all have different dimensions, and, on the other hand, variations may occur, in particular, due to changes in furniture, new decoration or possible renovations. Subject to availability, with the exception of a reservation made with an express request for the allocation of a particular room and confirmed in writing by BOURGOGNE & MONTANA HOTEL, the Customer shall not be entitled to any claim in this respect, provided that these variations do not affect the essential characteristics of the service.
8.3. The BOURGOGNE & MONTANA HOTEL shall not be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, third party action, action by the customer or action by its partners such as the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or, in the case of online payment, the refusal of the bearer's banker to authorize the transaction.
8.4. Although the BOURGOGNE & MONTANA HOTEL offers a wifi internet access service in the establishment, in the event of a total or partial malfunction of this service, for whatever reason, during the stay in the establishment, the Customer shall not be entitled to cancel the reservation, nor to a refund of the reservation, nor to any compensation whatsoever.
8.5. BOURGOGNE & MONTANA HOTEL shall not be held liable for any indirect and/or immaterial damage, in particular loss of profit, loss of operation, third-party action, action by the Customer or action by its partners.
8.6. Hyperlinks on the www.bourgogne-montana.com website may lead to sites other than the BOURGOGNE & MONTANA HOTEL website, which is not responsible for the content of these sites or the services offered.
8.7. The hotel declines all responsibility in case of loss or theft of objects or money in the common areas or in the room, if they have not been placed in the safe.
8.8 The BOURGOGNE & MONTANA HOTEL cannot be held responsible for damage caused by animals present in the establishment, as these remain the responsibility of their owner or keeper in accordance with the provisions of Article 1385 of the Civil Code. The BOURGOGNE & MONTANA HOTEL reserves the right to invoice the owner or guardian, at the rate of the damage caused.
ARTICLE 9: TOURISM AND TRAVEL OMBUDSMAN
In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes, when the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the consumer mediator.
The complaint must be referred to the mediator within one year of the initial complaint.
The MTV Médiateur Tourisme Voyages mediator can be contacted directly online at the following address:
Or by post:
MTV Travel Tourism Ombudsman
BP 80 303
75823 PARIS CEDEX 17
ARTICLE 10: ONLINE DISPUTE RESOLUTION PLATFORM
In accordance with Article 14 of Regulation (EU) No. 524/2013, we inform the Customer that he also benefits from the possibility of filing a complaint on the online dispute resolution platform set up by the European Commission (RLL platform). The RLL platform can be accessed by clicking on the following link:https://ec.europa.eu/consumers/odr.
ARTICLE 11: INFORMATION TECHNOLOGY, PRIVACY AND RIGHT TO PERSONAL PORTRAYAL
11.1. The information requested from the Customer during the secure reservation process is mandatory if marked with an asterisk for Biografy Group, acting as the data controller, its service providers (payment, online reservation) acting on behalf of BOURGOGNE & MONTANA HOTEL.
They allow the processing of the order, the management of the customer file and the management of the newsletter.
With regard to the newsletter, the Customer may agree to receive by e-mail or sms, special offers and information on any new service created by the BOURGOGNE & MONTANA HOTEL. The Customer is informed that he/she can unsubscribe at any time by clicking on the link dedicated to this purpose in the e-mail or sms.
The information communicated to BOURGOGNE & MONTANA HOTEL is kept for a period of time in accordance with the legal provisions in force.
In accordance with the provisions of the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms modified, each Customer has a right of access, of correction, opposition, erasure of information relating to it by addressing to bmontana@bourgogne-montana.com.
11.2 By accepting these General Terms and Conditions of Sale, the Customer acknowledges and accepts that BOURGOGNE & MONTANA HOTEL may need to collect the Customer's telephone details in order to provide the Services.
In accordance with Article L. 223-2 of the French Consumer Code, and Law No. 2014-344 of March 17, 2014 relating to consumption, the Customer has the option of registering free of charge on the BLOCTEL telephone anti-solicitation list(www.bloctel.gouv.fr) in order to no longer be canvassed by telephone. The Customer can register free of charge on this list on the BLOCTEL website.
11.3. The reservation of overnight stays and/or Extras in the establishment concerned and their consumption by Customers and/or their companions, or even mere presence in the establishment, in no way authorizes any audiovisual recording, filming or photography operation whatsoever in the premises and outbuildings of the establishment, including the rooms, with a view to their commercial, promotional, advertising, press or public relations use, illustration of an Internet site, etc., and more generally any use that is collective or likely to involve a public. The interior architecture and graphic creations adorning the common areas and rooms of the establishment are protected by copyright, the rights of which are fully reserved. Any audiovisual recording, filming, reproduction or representation of images involving the premises and outbuildings of the establishment concerned, other than for strictly private use, is subject to the prior authorization of BOURGOGNE & MONTANA HOTEL, under penalty of infringement punishable, in particular, by the civil and criminal provisions of the French Intellectual Property Code.
ARTICLE 12: MISCELLANEOUS
12.1. These terms and conditions are governed by French law.
12.2. In the event that any provision of these terms and conditions is declared null and void or ineffective in any way and for any reason whatsoever, it shall be deemed unwritten and shall not invalidate the other provisions.
All disputes that may arise between the parties in connection with the interpretation and/or execution of these terms and conditions shall be submitted, in the absence of an amicable agreement, to the exclusive jurisdiction of the competent court within the jurisdiction of the Court of Appeal of Paris, with the exception of disputes concerning non-traders, for which the legal rules of attribution of jurisdiction shall apply.
12.3. Please note that all rooms are non-smoking. If you light a cigarette inside the BOURGOGNE & MONTANA HOTEL, we will be obliged to charge a cleaning fee of 80 euros to your credit card.
12.4. There are many decorative items in our rooms. If you like them as much as we do, you can buy them. If you happen to leave with one or more items, the BOURGOGNE & MONTANA HOTEL will charge your credit card directly. Our prices are available at reception.
12.5. The restaurant and rooms are accessible to people with reduced mobility. Please let us know your requirements when booking.