General Terms and Conditions

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Article I. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

These General Terms and Conditions of Sale (GTCS) apply to the reservation made by the Client. These GTCS are available to Clients on our website. Any reservation therefore implies the Client’s full and unreserved acceptance of these terms.

Article II. RESERVATION ORGANIZATION

For all Clients, reserved rooms are made available from 2:00 PM on the day of arrival. They must be vacated by 12:00 PM (noon) at the latest on the day of departure; any stay exceeding this time may result in a surcharge.

1/ Reservations can be made directly at the hotel, via the hotel’s website or partner websites, by email, or by telephone. Unless it is a last-minute booking, this reservation method is subject to confirmation by the Hotel. A reservation confirmation is automatically sent to the client, regardless of the booking source.

2/ For a reservation to be finalized—whether last-minute or not—the client must provide a credit card imprint at the Hotel reception BEFORE arrival, except for reservations made via our partners who have their own specific procedures.

If the reservation is made on the hotel’s website, the client pays the first night online as a guarantee.

If the reservation is made on a partner’s website, the Hotelier retrieves the bank details provided by the Client on said site. In this case, the Hotelier agrees to use these details only in the event of a cancellation, as specified in Article III of these GTCS.

If the reservation is made directly with one of our partners, the partner sends the Hotel a written confirmation of the booking with the Client’s information, without an advance payment or the transmission of credit card details.

Article III. CANCELLATION

As billing is based on the services ordered for the entire stay, the Client is encouraged to pay close attention to the cancellation conditions defined below.

1/ The following are considered cancellations:

Change of reservation dates

Oral or written notice of the Client’s non-arrival for personal reasons

Non-arrival (No-show) without notice

Failure to comply with Hotel rules

2/ Cancellations of all or part of the initial reservation must be accepted in writing by the Hotel, which may, however, refuse the request to modify services without stating a reason. In the absence of written acceptance from the establishment, the reservation is maintained under the initial terms, and the Hotel cannot be held liable for any compensation.

3/ The Client pays for the days consumed. However, cancellation fees may apply depending on certain situations (to be discussed with the Reservations Department).

4/ Cancellation Deadlines:

Free cancellation, up to 48 hours before the arrival date

Payment of the first night (excluding tourist taxes and non-refundable, if cancelled 24 hours before the arrival date or on the day of arrival)

5/ Exclusions to the application of cancellation conditions:

Death of a family member: a death certificate and proof of relationship must be provided,

Hospitalization of the client or a family member: a hospital admission certificate specifying the reason for admission must be provided,

Major disaster at the client’s primary residence (fire, destruction, burglary): supporting documentation required.

Article IV. RELOCATION

In the event of non-availability of the establishment, force majeure, technical problems in the Hotel, or for any other reason, the Hotel reserves the right to accommodate Clients, fully or partially, in a hotel of an equivalent category for services of the same nature. The Hotel cannot be held liable for any additional compensation.

Article V. PRICE

Rates are expressed in Euros. The applicable rates are those in effect on the day the reservation is made. Rates are increased by the tourist tax. They may be modified in the event of legislative and/or regulatory changes likely to lead to price variations, such as: changes in the applicable VAT rate, the introduction of new taxes, etc. The VAT rate applied is the rate in effect on the date of invoicing. In any case, if the reservation (number of rooms and/or meals) proves to be at least 10% lower than the initial reservation, the Client may be assigned new rates due to the reduced services. Article VI. PAYMENT TERMS

1/ Deposit

Only for groups: it must be paid either remotely by telephone by credit card, by mail by bank check, or by bank transfer directly to the Hotel’s account. In the case of a reservation on partner sites for which payment cannot be made online, credit card details are collected by the Hotelier, who agrees to use them only in case of cancellation as specified in Article III: Cancellation.

2/ Prepayment

Prepayment refers to any payment made at the time of reservation by the Client. The amount debited during the reservation includes the total amount indicated at the time of booking, excluding tourist taxes.

3/ Bank guarantee

The guarantee of the reservation by credit card refers to the collection of the Client’s payment data at the time of booking. The Client’s credit card is not debited, and payment for the stay is made directly to the Establishment on the day of arrival or departure (depending on the Establishment), unless the Client fails to show up and has not previously cancelled their reservation according to the cancellation conditions of the reserved rate.

4/ Balance

For a hotel room, it must be settled no later than the day of departure. Cash, checks, credit cards, and holiday vouchers (chèques-vacances) are accepted.

5/ Default of payment

In the event of failure to pay by the contractual due date, late payment penalties shall be due from the day following the invoice due date at a rate of 15% per annum, applied to the total amount (including tax) of the invoice. Furthermore, a fixed indemnity of €40 (excluding tax) per debt will be due the day after the invoice due date, to which will be added an additional indemnity to cover all costs incurred in the event of formal recovery proceedings. It is noted here that any payment occurring more than 60 days after the invoice issuance date is legally considered an abusive practice and is subject to criminal penalties. Furthermore, any failure to pay by the contractual due date will make the total amount of debts owed by the Client immediately due and will result in a change in payment terms; specifically, the Client must prepay any new reservation request until the total payment of the debts owed to the Hotel is made. In the event of unpaid checks, fees may be added.

Article VIII. BREACHES AND DAMAGE BY THE CLIENT

The Client agrees and undertakes to use the room in a reasonable manner (en bon père de famille). Any behavior contrary to public decency and public order will lead the Hotelier to ask the Client to leave the establishment without any compensation and/or without any refund if payment has already been made. Regarding disruptive behavior disturbing public order and the peace of other guests, the Hotelier may decide to collect a security deposit equivalent to one night’s stay, excluding tourist taxes. This type of situation is classified as a breach of Hotel rules (see Article III).

1/ Extra persons: The Client undertakes not to bring additional persons without the express permission of the Hotelier and not to sublet the accommodation. Otherwise, the Hotelier reserves the right to refuse the room rental and retain the deposit.

2/ Access to swimming pool and Squash: The Client undertakes to respect the Internal Regulations for the use of the aforementioned services; furthermore, use by minors is under the full responsibility of parents or legal guardians. Access to squash is subject to the responsibility and authorization of the T-squash association.

Article IX. INSURANCE – DAMAGE – BREAKAGE – THEFT

The Client certifies that they have taken out civil liability insurance to cover any damage caused in the establishment during their stay. The Client is responsible for the safekeeping of property and equipment brought by them. They are specifically invited to take out specific insurance for large equipment or valuable items, as the establishment’s liability cannot be engaged in the event of deterioration or theft of said property. The Client is responsible for all damage caused by them and undertakes, in the event of damage to the premises made available, to bear the costs of restoring these premises. Under no circumstances can the establishment be held responsible for damage of any kind, particularly fire or theft, likely to affect objects or equipment deposited by the Client during the stay. Similarly, any parcel, package, etc., delivered to the hotel before and during the stay may be received by the hotel, but the latter shall in no case be responsible for any incident, deterioration, incorrect number of packages, damaged packages, or any delivery problem. The Client agrees to contact the supplier or carrier directly in the event of a problem. The Client and their insurers waive all recourse against the hotel, its staff, and its insurers for any direct or indirect damage resulting from the total or partial destruction of any equipment, movable objects, fittings, values, or goods, as well as the loss of use or disturbance of enjoyment of the premises. Additionally, any hotel property disposed of by the client in their room or common areas will be invoiced in case of theft or damage.

Article X. ANIMALS

Animals are not allowed in the hotel. Any Client who arrives with an animal will be refused access to the hotel, and the cancellation conditions of Article III will apply.

Article XI. TOBACCO

Smoking is permitted on room terraces and outdoor spaces (provided). It is strictly forbidden to smoke or vape inside the rooms. The client is liable to a fine if they trigger the fire alarm system in this case.

Article XII. LIABILITY

The Hotel’s liability cannot be sought in the event of a change in structure of any kind: sale of the establishment, closure of the establishment, etc. Photos presented on the website are not contractual. Although every effort is made to ensure that photographs, graphic representations, and texts reproduced to illustrate the Hotel provide as accurate an overview as possible of the services offered, variations may occur, particularly due to changes in furniture or potential renovations. The Client may not make any claim as a result. The Hotel shall not incur any liability for any indirect damage resulting from these presents, notably loss of business, acts of third parties, acts of the Client, or acts of its partners.

Article XIII. FORCE MAJEURE

The obligations contained herein shall not apply or shall be suspended if their performance becomes impossible due to a case of force majeure, such as: acts of public authority, hostilities, war, “fait du Prince” (government action), natural disaster, fire, flood, strikes without notice, etc. The parties must make every effort to prevent or reduce the effects of non-performance caused by a force majeure event; the party wishing to invoke a force majeure event must immediately notify the other party of the start and end of this event, otherwise it cannot be released from its liability.

Article XIV. MODIFICATION

These GTCS may be modified at any time. In this case, the Hotel will transmit the modifications to the Client before the start of the services. From then on, the new version of the GTCS will apply to the relationship between the parties.

Article XV. PARTIAL NULLITY

The nullity of one or more articles of these GTCS shall not result in the nullity of the whole. All other stipulations herein shall remain applicable and produce their full effect.

Article XVI. COMPLAINTS AND DISPUTES

In the event of a dispute, claim, or disagreement regarding part of the invoice, the Client undertakes to pay the undisputed part without delay and to indicate in writing to the establishment concerned the reason and amount of the dispute within 7 days from the end of the stay. After this period, the service and billing are considered accepted and cannot give rise to subsequent claims by the Client. In case of litigation, and failing an amicable agreement, the competent courts shall be those of the location of the registered office of the company operating the establishment.

Article XVII. APPLICABLE LAW

The applicable law is French law.

Article XVIII. ADDRESS FOR SERVICE (ELECTION DE DOMICILE)

All written communications between the parties (mail, notifications, email, etc.) must be sent to the Hotel at its postal or electronic address, and to the Client at the postal or electronic address indicated in the reservation.

Article XIX. ANCILLARY SERVICES

Services offered by the Hotel such as package bookings, excursions, or equipment rental are governed by the sales conditions of the service providers concerned.

Article XX. RIGHT OF WITHDRAWAL

Article L. 221-28 defines cases where the right of withdrawal cannot be exercised.

Article L.221-28-12° of the Consumer Code provides that for contracts for “provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period,” the consumer does not benefit from the right of withdrawal when contracting remotely.

However, Article L.221-5 of the Consumer Code states that:

“Prior to the conclusion of a sale or service provision contract, the professional communicates to the consumer, in a legible and understandable manner, the following information:

1° Information provided for in articles L. 111-1 and L. 111-2;

2° Where the right of withdrawal exists, the conditions, time limit and procedures for exercising this right as well as the standard withdrawal form, whose presentation conditions and mentions are fixed by decree in Council of State;

3° Where applicable, the fact that the consumer bears the cost of returning the goods in case of withdrawal and, for distance contracts, the cost of returning the goods when these, by their nature, cannot normally be returned by post;

4° Information on the consumer’s obligation to pay costs when exercising their right to withdraw from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network for which they have expressly requested execution before the end of the withdrawal period; these costs are calculated according to the terms fixed in article L. 221-25;

5° When the right of withdrawal cannot be exercised in application of article L. 221-28, the information that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses their right of withdrawal; (…)” .

Consequently, within the framework of the distance selling of the services we offer, the consumer does not benefit from and cannot exercise their right of withdrawal.

Article XXI. CONSUMER MEDIATOR

Article XXII. TELEMARKETING OPPOSITION SYSTEM (BLOCTEL)

The client is informed that they can register for free on the Bloctel telemarketing opposition list in order to no longer be contacted by telephone by a professional with whom they do not have an ongoing contractual relationship.

Registration and information: https://www.bloctel.gouv.fr.

CATERING AND EVENT ROOMS

1/ Rates: The rates indicated are in euros, service included, and include the VAT applicable on the day of the reservation. Any change in the applicable rate, or any modification or introduction of new legal taxes established by the competent authorities, will be automatically reflected in the prices indicated on the billing date. It is specified that catering and drinks not consumed as part of a package cannot result in any price reduction whatsoever. It is the hotel client’s responsibility to assess before booking whether the price is acceptable (displayed at reception, requested by telephone or email). No dispute regarding the price of the service can be considered at a later date.

2/ Reservations and methods of payment: Reservations can be made by telephone, email, mail, or on-site.

Reservation confirmation A reservation is only effective and confirmed upon receipt of a 30% deposit of the service price, accompanied by the return of the quote or commercial proposal marked “good for agreement” (bon pour accord). Failure to receive and successfully clear the deposit will result in the establishment not confirming the reservation and not guaranteeing the service. We reserve the right to request a 30% deposit for any reservation exceeding 15 people.

Menu confirmation The commercial proposal or quote may include a choice between several menus. In order to fully satisfy the client, the client must indicate their final choice to the restaurant at the latest six days before the service. After this deadline, the restaurant cannot guarantee the service of certain dishes or wines composing the menu.

Number of guests higher than planned at the time of reservation If the number of guests is higher than the announced number, a supplement will be billed based on the unit rate indicated in the initial commercial proposal or quote.

Additional services not included in the commercial proposal or quote Any additional service not included at the time of reservation—drinks, dishes—will be subject to additional billing on the day of the service.

However, in the event of an excessive addition of participants:

• Our rooms cannot be held responsible for the potential impact on the quality of the service;
• If this addition implies exceeding the capacity of the restaurant, Restaurant Le Chevalier will be obliged to refuse the additional participants and can in no way be held responsible or liable for a refusal of entry for safety reasons.

Payment for all services is made directly at Restaurant Le Chevalier or at the reception, or may be transferred to the hotel bill. Reservations, regardless of their origin, are payable in euros only. Restaurant Le Chevalier accepts the following credit cards: Visa, American Express, and Mastercard, as well as payments in cash, checks, restaurant vouchers, or holiday vouchers.

3/ Image rights: During your visit to the restaurant, we may ask for your consent to be photographed. Once your consent is given, we may use the photographs for any public projection, advertising, press, social networks, website, electronic publications, postcards, or decorative objects.

4/ Client responsibility: The client is deemed to have taken out civil liability insurance for any damage potentially caused by their guests during the service, whether it be damage inflicted on other clients present or on the restaurant’s property. The client shall be solely responsible for all losses, breakages, and damage that may be caused by their guests to property and equipment belonging to the restaurant or those made available to the client for rental. The restaurant declines all responsibility in the event of damage to or theft of valuables, handbags, briefcases, clothing, etc., belonging to guests or any equipment stored in its lounges.

5/ Payment terms: In certain cases agreed upon in advance with the client in the quote or commercial proposal, the invoice will be issued on the day of the service and must be settled on-site at the end of it. In any event, billing for the service will be issued no later than the end of the month by the accounting department and must be paid upon receipt of the invoice. Any sum not paid by the due date mentioned on the invoice will automatically, and without prior notice, produce late payment penalties at a rate equal to 1.5 times the legal interest rate. Any dispute regarding billing can only be taken into account within eight days following the date the invoice was sent.

6/ Jurisdiction: In the absence of an amicable settlement of any dispute or contestation regarding the interpretation or application of these general conditions, the Commercial Court of Basse-Terre shall have sole jurisdiction.