Terms and Conditions

Individual Direct Sales

For the purposes hereof, the following terms shall have the following meanings:

• GTC: these General Terms and Conditions of Sale applicable to the Customer and the Hotel.
• Customer: natural or legal person making a reservation on his/her own behalf or on behalf of another person and/or the person staying at the Hotel as part of his/her professional or personal activity.
• Reservation Confirmation: document summarising the details of the reservation made by the Client, sent by the website or the Hotel to the Client.
• Hotel: the hotel belonging to the TIMHOTEL Group.
• Additional services: all services not included in the stay.
• Stay: all the products and services provided by the Hotel for the Client.
• DCP: personal data

Article 1.GENERAL PROVISIONS

These General Terms and Conditions apply to individual bookings of 5 rooms or less, made on a one-off basis, excluding those made by a travel professional, made directly in TIMHOTEL hotels or on our website www.timhotel.com. Online bookings can be made until 11.59pm for arrival on the same day.

Reservations for more than 5 rooms are group bookings and may be subject to special conditions. For these bookings, please contact the hotel directly.

For the hotel La Lanterne & Spa by Timhotel, bookings over €1,500 will be subject to special conditions and additional guarantees.

The main characteristics of the Services are presented on the website and the Customer is required to read them before making any reservation. The Customer is solely responsible for choosing and purchasing a Service.

The Customer undertakes to comply with and to ensure compliance with all the provisions set out in this document, as well as with legal and regulatory requirements.

These conditions of sale may be modified at any time, and the conditions applicable will be those in force on the date the reservation is made.

These General Terms and Conditions will prevail over any other general terms and conditions of sale not expressly approved by the TIMHOTEL SAS group, owner of the TIMHOTEL brand.

As these GCS may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website at the date of the reservation.

Article 2.CAPACITY

The Customer acknowledges that he/she has the capacity to enter into commitments under these GCS and, more generally, to enter into contracts, i.e. that he/she is of legal age and not under guardianship.

The Customer undertakes to book hotel rooms and ancillary services for his/her personal needs and for bookings of a maximum of five (5) rooms.

The Customer undertakes to complete the information requested on the reservation request and attests to the truthfulness and accuracy of the information provided.

The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute over payment of a previous reservation.

Article 3.TERMS AND CONDITIONS OF RESERVATION

The Customer declares that he/she has read the General Terms and Conditions (including the policy on the use of DCP) and has accepted them.

Any reservation made on the TIMHOTEL website constitutes the formation of a contract concluded remotely between the Client and the Hotel.

For bookings made exclusively via the internet, when the Customer accepts these by ticking the box provided for this purpose before the online booking procedure is implemented, the Customer selects the services he/she wishes to book on the website, in accordance with the following procedures:

1. Selection of the Hotel, the type of room, the period and the rates;
2. Selection of any additional services where applicable;
3. Providing contact details by creating a Customer account or logging into one if one already exists;
4. Checking and validating the details of the reservation, the total amount of the reservation and the rate terms and conditions;
5. Consultation and acceptance of the General Terms and Conditions and the terms and conditions of the fare selected before validating the booking;
6. Enter their credit card details in the case of a guarantee or prepayment;
7. Receipt of the Booking Confirmation by email to the address indicated in the customer account;

The Client has the opportunity to check the details of their booking, its total price and to correct any errors before confirming their acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of the entirety of these GCS and constitutes proof of the sales contract.

TIMHOTEL acknowledges receipt of the booking by sending an e-mail summarising: the type of booking made, any additional services booked and any applicable tourist taxes, the booking dates, the rate, the total amount to be paid and details of this amount, the conditions of sale linked to the rate selected and accepted by the client, customer service information and the hotel address to which the client may send a complaint if they so wish.

The Customer acknowledges that he/she has taken cognisance of the nature, purpose and reservation terms and conditions of the Services offered by the Hotel and that he/she has requested and obtained the information necessary to make his/her reservation with full knowledge of the facts. The Customer is solely responsible for his/her choice of Services and their suitability for his/her needs, such that the Hotel may not be held liable in this respect.

The photographs appearing on any communication medium reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the actual locations.

Article 4 - CUSTOMER ACCOUNT

It is possible to create a "Customer account" provided that the Customer becomes a member of the Loyalty Programme. A Customer account may be created by the Hotel when a stay is purchased locally.

To this end, the Customer is asked to provide a certain amount of personal information, such as, but not limited to, his/her first and last name, email address, postal address and telephone number.

In this respect, the Customer undertakes to provide accurate information and remains responsible for keeping his/her data up to date, and must therefore notify the Hotel immediately of any changes.

Registered Customers may access their Customer account by logging in using their user name and password (e-mail address provided at the time of registration).

The Customer is entirely responsible for protecting the password he/she has chosen, and is encouraged to use complex passwords. If the Customer forgets his/her password, he/she may generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section, and the Customer shall therefore refrain from transmitting or communicating it to a third party. Failing this, the Vendor may not be held liable for unauthorised access to a Customer's account.

The Customer account enables the Customer to consult all orders placed on the Site as a Member.

If the data contained in the Customer account section were to disappear as a result of a technical breakdown or a case of force majeure, the Vendor may not be held liable, as this information has no evidential value but is for information purposes only.

The pages relating to the Customer account may be freely printed by the Customer holding the account in question, but do not constitute proof of any kind; they are for information purposes only and are intended to ensure efficient management of the Customer's orders or contributions.

The Hotel shall keep the written record of the conclusion of the contract in electronic or paper format for a maximum period of 10 years for any contract concluded with the Customer corresponding to an amount in excess of 120 euros including tax, in accordance with article L.213-1 of the French Consumer Code.

The Customer is free to close his/her account on the Site. To do so, he/she must send an e-mail to the Hotel indicating that he/she wishes to delete his/her account. The Customer's data may not be recovered. The Hotel reserves the exclusive right to delete the account of any Customer who has contravened these GTC (including, but not limited to, when the Customer has knowingly provided incorrect information when registering and creating his/her personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer, who shall not be entitled to claim any compensation as a result. This exclusion shall not preclude the Hotel from taking legal action against the Customer, when justified by the facts.

Article 5.RATES

Rates are indicated before and at the time of booking by the Customer and are per room for the number of people and the period selected.

Rates are quoted in euros (€) and apply only to the services strictly mentioned in the reservation.

Conversion into foreign currency is given for information purposes only and is not contractual. If a rate involves payment directly to the Hotel on the Customer's arrival or departure and the Customer's currency is not the same as that of the Hotel, the rate debited by the Hotel may be different from that communicated at the time of booking, taking into account changes in the exchange rate between the date of booking and the date of payment. Charges specific to the Customer's bank may apply.

Tourist taxes are not included and must be paid directly on site when the Customer arrives at the Hotel. The Customer undertakes to pay these various taxes to the Hotel without any dispute.

The rates mentioned on the site are subject to change without notice and only the price (excluding tourist tax) mentioned in the booking confirmation is binding.

Rates are confirmed to the Customer in the commercial currency of the Hotel and include VAT at the rate applicable on the date of the reservation; any change in the VAT rate will automatically be reflected in the rates indicated on the invoice date. The same will apply to any change or introduction of new legal or regulatory taxes imposed by the competent authorities.

Article 6.PAYMENT

Payment for all services is made either via the Internet or directly to the hotel (with the exception of pre-payable bookings at the time of booking).

A secure payment service (Wordline) is available on the TIMHOTEL website.

For bookings made exclusively on the internet, the Client provides his/her bank details, specifying the name of the bank card, the bank card number, the validity date (the bank card must be valid until the end date of the stay) and the cryptogram. Payment data is exchanged in encrypted mode using SSL protocol.

The following credit cards are accepted: Visa, MasterCard, American Express.

Reservations are only confirmed if the Client guarantees his/her reservation by providing a credit card number with a validity date valid at the time of the Client's stay. The hotel reserves the right to refuse any reservation if the credit card number is incorrect.

At the time of booking, for bookings without prepayment, an authorisation to debit the credit card will be issued by the secure payment service provider in place on the site (Wordline). This authorisation will be issued for information purposes only and will under no circumstances constitute a debit to the account. For prepayment bookings, the full amount of the stay will be debited at the time of booking by the same secure payment service provider (Wordline).

For reservations made on site, the Hotel will ask the Customer to pay the total amount of his/her stay on arrival.

The Customer must present the bank card used to pay for the online reservation at the Hotel, and may be asked to show proof of identity as part of the procedures to prevent bank card fraud.

If the Customer is unable to provide the same card, the Hotel may request a new payment.

The Hotel shall not be obliged to provide the Services ordered by the Customer if the price has not first been paid in full in accordance with the above conditions.

Payments made by the Customer shall not be considered final until the sums due have actually been received.

Article 7 - MODIFICATION (POSTPONEMENT / INTERRUPTION) OR CANCELLATION OF A BOOKING

A.Procedure

The request must be made by the following means:

• either by notifying the hotel concerned directly as soon as possible at reception, or by telephone or e-mail ;
• or by clicking on the link provided for this purpose in the reservation confirmation e-mail

The Customer will receive confirmation of the cancellation by e-mail. The reservation change is firm and definitive only after the Customer has received confirmation from the Hotel.

B.Cancellation or postponement

Any request to cancel or postpone a reservation must be made before 4pm one (1) day before the start of the stay for Flexible Rate reservations.

A refund will be made for the cancelled part of the holiday (by the same method of payment as that used to pay for the holiday) if the conditions of the offer allow.

Some tariffs do not allow any changes or cancellations, as full prepayment is required at the time of booking.

The date of receipt of the written request for cancellation (by email or post) will be the date on which the reservation is effectively cancelled.

C. Interruption

Any interruption to a stay must be requested from the hotel reception before 11am on the day of the interruption.

In the case of a simple or guaranteed reservation, the price of the cancelled part of the stay will be refunded to the account of the card used for the initial payment.

For all other methods of payment, the price of the cancelled part of the holiday will be refunded by sending a cheque or by bank transfer.

D.Extensions

Any extension of the stay must be requested from the hotel reception before 11 a.m. in order to be taken into account. If the extension is possible, the Client will immediately pay the amount corresponding to the night's stay.

E. No-shows

In the event that the Client does not show up at the Hotel and in the absence of notification of cancellation before 4 p.m. one day before the start date of the stay:

• If the reservation has been guaranteed by the provision of the Client's bank details, the price of the first night (excluding tourist tax and additional service(s)) will automatically be invoiced and debited as a flat-rate indemnity and the remainder of the stay booked will be cancelled free of charge. The remaining nights will be cancelled;
• If the reservation has been guaranteed by prepayment of the entire stay, no refund will be made.

In the case of "non-refundable" bookings, the total price payable is paid in full at the time of booking, unless expressly stated otherwise in the terms and conditions of the offer. This sum will not be refunded under any circumstances, either with regard to the room or to any additional services. If the customer fails to arrive on the scheduled arrival date, even if the hotel has been notified by any means whatsoever, the booking will be cancelled in its entirety and the hotel will charge the full amount of the booking to the customer to cover cancellation costs.

If the stay is interrupted due to the Client's fault, the full amount of the agreed price will be collected.

Article 8.PROVISION

The Services acquired by the Customer, which include hotel room reservations and ancillary services, will be provided in accordance with the following terms and conditions.

In accordance with Article R. 814-1 of the French Code de l'Entrée et du Séjour des Etrangers et du Droit d'Asile (Code on the Entry and Residence of Foreigners and the Right of Asylum), the Client may be asked to complete an individual police form upon arrival at the Hotel, at the time of check-in. In this case, the Client must show proof of identity to enable the Hotel to check whether or not the form should be completed.

Unless expressly agreed otherwise, the room will be made available to the Client on the day of arrival from 2 p.m. and the Client will leave the room on the day of departure no later than 12 p.m. Failing this, an additional night will be charged to the Client. The Client must check his/her departure date.

In the event of force majeure or exceptional circumstances, the Hotel reserves the right to accommodate Customers in a nearby hotel of equivalent category, without any change in rates.

Each room can accommodate a maximum number of occupants (adults and children), as indicated at the time of booking. For safety reasons, it is not possible to stay in a room with more occupants than the number declared and authorised. If, on arrival, the Hotel finds that this is the case, it will be obliged to refuse access to the room, with payment for the 1st night remaining due in full. The Hotel will endeavour to offer, within the limits of availability, a room with a suitable capacity, with the rate for this new room applying.

The Hotel is an entirely non-smoking area, unless an exception is indicated on site. The Customer is liable for any direct and/or indirect, consequential damage resulting from smoking or vaping in areas where this is not expressly permitted, including at the window or on the terrace/garden. In particular, the Customer is liable for the full amount of the costs of cleaning and restoring the damaged element or area to its original state.

Animals are strictly forbidden in all TIMHOTEL Hotels.

The Client undertakes not to invite any person whose behaviour is likely to cause harm, as the hotel reserves the right to intervene if necessary.

The Client accepts and undertakes to use the room as a good father of the family. Any behaviour contrary to good morals and public order will consequently lead the Hotel to ask the Client to leave the premises without any compensation and without any reimbursement if payment has already been made. If no payment has yet been made, the Client must pay the price of the nights consumed before leaving the Hotel.

The Customer shall be held liable for all direct and/or indirect, consequential damage caused by him/her in the room booked or that he/she may cause within the Hotel, and consequently undertakes to compensate the Hotel up to the amount of said damages and interest that may be due, procedural and legal costs incurred by the Hotel, as well as costs resulting from the Hotel's inability to let the room to other customers due to the alleged damage.

WIFI access (with or without a charge) enabling Clients to connect to the Internet will be offered in accordance with the Hotel's current policy. The Client is required to comply with the terms and conditions of the Hotel's Internet service provider, including the rules for using the security measures implemented to prevent the illicit use of IT resources, and to refrain from any act that undermines the effectiveness of these measures.

Article 9 - LIABILITY

The Hotel undertakes to use its best efforts to provide the Services reserved by the Customer, on a best-efforts basis.

In accordance with legal provisions and without additional payment, the Hotel guarantees the Customer against any lack of conformity or latent defect resulting from a failure to provide the Services reserved and actually paid for under the terms and conditions defined in the General Terms and Conditions of Sale.

The Services provided via the Hotel's Internet site comply with the regulations in force in France. The Hotel may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for choosing the Services requested, to check.

Article 10.ACCOMMODATION

In the event of force majeure, an exceptional event or technical problems in the hotel that make the Client's stay impossible, the hotel will do everything in its power to find alternative accommodation in a hotel of the same category or a higher category (except in extreme cases). The Hotel will then be responsible for the cost of the accommodation (additional rate and transfer) and will not be liable for any additional compensation whatsoever.

Article 11: DATA PROCESSING AND PRIVACY

TIMHOTEL processes personal data in accordance with regulations. To find out more, consult our " Policy on the use of personal data ".

In application of article L223-2 of the French Consumer Code, the customer is informed that he/she has the possibility of registering free of charge on the national list of opposition to telephone canvassing, known as "Bloctel" (www.bloctel.gouv.fr).

Article 12 - RIGHT OF WITHDRAWAL

In accordance with article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L221-18 of the Consumer Code, given the nature of the services provided.

Consequently, the Services acquired by the Customer are subject exclusively to the cancellation and modification conditions set out in the GTCS and the Customer may not invoke the right of withdrawal.

Article 13.COMPLAINTS

Any complaint must be sent by registered post with acknowledgement of receipt to TIMHOTEL SAS - 60, rue Marcel Dassault - 92100 Boulogne Billancourt, no later than 15 days after the departure date. In the absence of reservations or complaints expressly made within this period by the Client on receipt of the Services, these will be deemed to be in accordance with the reservation, in terms of quantity and quality.

In accordance with Article L.612-1 of the French Consumer Code, "any consumer has the right to have recourse, free of charge, to a mediator with a view to the amicable resolution of a dispute between him/her and a professional". To this end, the Hotel guarantees effective recourse to a consumer mediation system by adhering to the charter of the Médiation du Tourisme et du Voyage - MTV.

After having contacted the TIMHOTEL customer service department in an attempt to resolve the dispute amicably, and in the absence of a satisfactory response or in the absence of a response within sixty (60) days of the complaint, the customer may refer the matter to the Médiateur du Tourisme et du Voyage (Tourism and Travel Ombudsman), whose contact details are as follows:

- Postal address for complaints: MTV Médiation Tourisme et Voyage BP 80303 - 75823 PARIS CEDEX 17

- Email: info@mtv.travel

- Information: http://www.mtv.travel

The Tourism and Travel Ombudsman may be contacted within twelve (12) months of the first complaint.

Any consumer may also have recourse to the European online dispute resolution platform accessible at the following address: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show

Article 14: INTELLECTUAL PROPERTY

With regard to the use of the website, TIMHOTEL SAS is the owner of all intellectual property rights relating to the website.

The elements accessible on the site, in the form of texts, photographs, images, icons, sounds, videos, software and databases, are also protected by intellectual and industrial property rights and other private rights held by Paninvest.

Unless expressly agreed in writing by TIMHOTEL SAS, it is expressly forbidden to reproduce, exploit, distribute or use in any way whatsoever, even partially, elements present on the website, or to distribute a simple hypertext link.

Article 15.IMPREVISION

The General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the French Civil Code for all services provided by the Provider to the Customer. The Hotel and the Customer therefore each waive their right to invoke the provisions of Article 1195 of the French Civil Code and the regime of unforeseeability provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.

Article 16: FORCE MAJEURE

The Hotel and the Customer shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.

Article 17.ATTRIBUTION OF JURISDICTION

THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH FRENCH LAW. THIS APPLIES TO BOTH SUBSTANTIVE AND FORMAL RULES. IN THE EVENT OF A DISPUTE, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION.

Any disputes that may arise between users in connection with the interpretation and/or performance of these terms and conditions shall, failing amicable agreement, be subject to the exclusive jurisdiction of the courts in accordance with the legal rules governing the allocation of jurisdiction in force.

Article 18.EVOLUTION AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The present General Terms and Conditions of Sale are applicable from the date of their last update and for the entire duration of the TIMHOTEL online services. They may be amended and/or supplemented at any time. We therefore invite you to consult them regularly.

The General Terms and Conditions of Sale applicable are those in force at the time of booking.

Any changes made to the General Terms and Conditions of Sale will not apply to bookings already made on the Site.

Article 19.PRE-CONTRACTUAL INFORMATION - ACCEPTANCE BY THE CUSTOMER

The Customer acknowledges that, prior to making a booking and concluding the contract, he/she has been provided, in a legible and comprehensible manner, with these GTS and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information:

• The essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
• The price of the Services and related costs;
• In the absence of immediate performance of the contract, the date or deadline by which the Hotel undertakes to provide the reserved Services;
• Information relating to the identity of the Hotel, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,
• Information relating to legal and contractual guarantees and how they apply;
• The functionalities of the digital content and, where applicable, its interoperability;
• The possibility of recourse to conventional mediation in the event of a dispute;
• Information on important contractual conditions.
• The means of payment accepted.