In accordance with the provisions of Article 6 III-1 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, we inform you that: this site is the property of SOCIETE HOTELLIERE FRANCO MONEGASQUE – SIRET No. 95680125200019 – NAF Code 5510Z (site: https://www.hotelbusby.fr; email: contact@hotelbusby.com; Phone: +33493881941); the publication director of the website is Eric TRONCONI in his capacity as Manager; the service provider ensuring direct and permanent storage is the company OVH SARL 2 rue Kellermann – 59100 Roubaix – France (Additional information: www.ovh.com, RCS Lille Métropole 424 761 419 00045)
For any information, please contact us at contact@hotelbusby.com.
INTRODUCTION
1.1 The site allows the booking of rooms and additional services at Hotel Busby (hereinafter the “Hotel”) by guests.
1.2 These general terms and conditions of sale (the “General Terms and Conditions of Sale”) apply to the booking of rooms and additional services at the Hotel (the “Services”) and are those in effect on the date of confirmation of your booking on the Sites. They cancel and replace all general terms and conditions of sale previously posted online and/or accepted by the Guest.
1.3 Any booking on the Site requires consultation and unconditional acceptance of the General Terms and Conditions of Sale. It is recommended to download and/or print the General Terms and Conditions of Sale in order to keep a copy as of the date of a booking, since they are subject to modification. However, any modification occurring after confirmation of a booking cannot be applied to that booking.
1.4 The guest’s acceptance of the general terms and conditions of sale and the conditions, particularly financial, of each booking made occurs by proceeding with the booking “By choosing to book, I acknowledge having read and accepted the General Terms and Conditions of Sale” or any other similar box offered on the site.
1.5 The guest acknowledges having all necessary information on the site, which includes in particular:
_the complete contact details of Hotel Busby, which can be consulted in the “contact us” section and at the bottom of the page,
_the main and essential characteristics of the accommodations and additional services offered to guests,
_these General Terms and Conditions, the specific conditions applicable to each offer and/or accommodation and/or additional service(s),
_the rates for accommodations and additional services offered to guests,
_the maximum number of accommodations that can be booked by a Guest,
_the accepted payment methods and procedures,
_the duration of the contract concluded between the guest and the Hotels.
1.6 The term “Guest(s)” refers to any individual who places an order on the Site, as a consumer, for private or professional purposes,
1.7 Only guests (i) who have reached the age of majority (eighteen in most countries) and (ii) who have the legal capacity to enter into contracts are authorized to order services on the sites.
1.8 The information provided by the site is presented in French, as well as in several foreign languages.
SUBJECT
2.1 The General Terms and Conditions of Sale define the terms and conditions applicable to online booking.
2.2 The General Terms and Conditions of Sale do not govern the offer, booking, or ordering of Services offered by entities other than and on other websites and/or mobile applications.
2.4 The General Terms and Conditions of Sale apply to all stages of booking Services by the Guest and to the follow-up of their booking.
BOOKING
3.1 The site offers an online hotel room booking process
3.2 The accommodation offers presented on the site are accompanied by an information sheet including:
where applicable, the type of commercial offer applicable (for example: “2 for 3 nights promotion”, “Last minute”, “Flexible rate”, “Room and breakfast”..).
a description of the room(s) concerned,
the ancillary services included in the offer,
the cancellation and modification conditions applicable to the booking,
where applicable, the specific terms of sale applicable,
the payment terms and conditions,
the General Terms and Conditions of Sale.
3.3 The Guest selects the Services offered on the Sites. They are solely responsible for the choice of Services and their suitability to their needs, so that Hotel Busby’s liability cannot be engaged in this regard.
3.4 The Guest can book a maximum of four (4) rooms on the site. For any booking of a greater number of rooms or for any other service request not appearing on the site, please contact Hotel Busby directly. In case of booking five (5) rooms or more, group conditions may be applied, involving in return the payment of a deposit by the guest and the application of specific cancellation and modification conditions. For any information in this regard, please contact reception
3.5 The booking is deemed accepted by the Guest at the end of the booking process.
3.6 The Guest certifies the truthfulness and accuracy of the information provided when booking Services. Hotel Busby reserves the right not to process any booking from a person who makes fraudulent use of the site or who does not comply with these General Terms and Conditions of Sale.
BOOKING PROCESS
4.1 When booking, the Guest must provide a certain amount of mandatory data, including certain personal data necessary for processing the booking by Hotel Busby, which reserves the right to refuse any booking in the absence of this data or due to its erroneous nature. The Guest must also indicate the number of people benefiting from the Services.
4.2 The booking procedure on the site includes the following steps in particular:
Step 1: Selection on the homepage of the Site www.hotelbusby.com, of the arrival date,
Step 2: Opening of a secure page indicating the available offers for the Hotel and the indicated date, and offering the Guest the possibility to specify or modify any of the choices made (arrival and departure dates, number of room(s), number of people…),
Step 3: Consultation and selection of an offer,
Step 4: Selection, where applicable, of one or more additional Services,
Step 5: Verification of the booking details, its total price and applicable conditions and possible modification of choices made,
Step 6: Provision by the Guest of their contact details,
Step 7: Entry of bank details in case of guarantee or prepayment request,
Step 8: Consultation and acceptance of the General Terms and Conditions of Sale, and, where applicable, the specific terms of sale before validation of the booking by the Guest,
Step 9: Validation of the booking by the Guest.
BOOKING CONFIRMATION
5.1 The Site acknowledges receipt of the booking made by the Guest by sending an email containing the corresponding booking number, the booking summary and in particular the Services booked, the price of the Services, the terms of sale applicable to the selected rate, accepted by the Guest, the General Terms and Conditions of Sale
5.2 The booking is deemed firm and final upon receipt of this booking confirmation email sent by Hotel Busby to the Guest.
5.3 The duration of the contract concluded between the Guest and the Hotel corresponds to the duration of the accommodation Service provided for by the booking.
CANCELLATION OR MODIFICATION OF A BOOKING BY THE GUEST
6.1 In application of Article L.221-28 of the Consumer Code, the Services offered on the site do not allow the exercise of the right of withdrawal provided for in Articles L.121-21 and following of the Consumer Code regarding distance selling contracts.
6.2 The terms of sale of the booked rate specify the cancellation and/or modification procedures for the booking.
6.3 Bookings with prepayment cannot be subject to any modification and/or cancellation. The amounts paid in advance constituting a deposit, they cannot be subject to any refund, which will be indicated in the terms of sale of the rate brought to the Guest’s attention and accepted by them.
6.4 When cancellation of a booking is possible, a specific “cancel a booking” link is available on the customer area of the site, allowing cancellation of a booking by entering the email address provided during booking and the booking number indicated in the booking confirmation email.
6.5 Certain commercial offers present on the site include specific conditions on cancellation and modification of the booking; these are detailed in their Specific Conditions appearing in the offer description sheet.
6.6 Unless different specific conditions apply, cancellation or modification of a booking is only possible free of charge within a minimum period of 48 hours before the arrival time provided for by the booking. For any cancellation occurring less than 48 hours before the arrival time, the entire stay will be charged to the Guest’s credit card indicated at the time of booking.
6.7 In order to modify a booking on the site, the booking made must be cancelled under the aforementioned conditions and a new booking must be made.
6.8 In the case of Covid-19 contamination before the stay, no exceptional provision is made to benefit from cancellation, modification, credit, or refund of the booking. If the guest has paid a deposit, this commits them and implies their obligation to pay for the entire stay.
NO-SHOW AND INTERRUPTION OF STAY
7.1 Any booking made on the site provides for an arrival time at 2:30 PM and a departure time at 11:30 AM. The Guest must present themselves at the Hotel before 8:00 PM or notify the hotel in case of late arrival.
7.2 In case of vacating the booked room after the required departure time (12:00 PM), an additional night will be charged to the Guest as a penalty.
7.3 Any interruption of the stay before the departure date provided for in the booking will result in payment of the entire agreed price.
PRICE OF SERVICES
8.1 The price of the Services is indicated on the site before booking on the offer description sheet, as well as during the booking.
8.2 The rates indicated are per room, for the number of people indicated and the selected period, and include only the Services strictly mentioned in the booking.
8.3 The price of each service is indicated including all taxes, excluding tourist tax, and details the amount of VAT applicable to the Service.
8.4 The euro is the commercial currency of the booking, so payment must be made in this currency. The prices displayed on the site in different currencies remain estimates and do not accurately reflect the amount to be paid, indicated in euros when validating the booking by the Guest. The tourist tax amounts to 2.01 euros in 2024, per person per night. It is to be paid directly on site at the Hotel.
8.5 The prices mentioned on the site are subject to modification at any time by Hotel Busby, without prior notice or warning. Only the price indicated in the booking confirmation is contractual.
PAYMENT OF PRICE
9.1 Unless different specific conditions apply, payment of the price of the Services is made at the Hotel, at the beginning of the stay. In case of prepayment, the amounts paid constitute a deposit and cannot be subject to any refund to the Guest.
9.2 Furthermore, Hotel Busby reserves the possibility to proceed, particularly during booking, with a pre-authorization on the Guest’s bank card in order to guarantee payment of the price of the Services as well as any consumption or expenses by the Guest on site. The pre-authorization is not an immediate debit but corresponds to an amount blocked on the Guest’s account, authorized by the bank, which temporarily reduces the Guest’s account balance in order to guarantee the possibility of a subsequent debit.
9.3 Any card used during booking must be presented upon arrival at the hotel. If the guest is unable to present this card, it must be re-credited, and a new payment method presented by the guest will then be debited.
9.4 In case of no-show at the Hotel or late cancellation resulting in full payment of the booking, the Guest’s bank details provided at the time of booking will be used for payment of the corresponding penalties.
STAY AT THE HOTEL
10.1 In application of French regulations in force, the Guest may be asked to complete a police form upon arrival at the Hotel. In order to verify whether the Guest must be subject to this formality, an identity document will be requested.
10.2 Hotel Busby welcomes certain animals provided they are kept on a leash or in a cage in the common areas of the establishment. For more information on these reception conditions, the guest is advised to contact the Hotel directly. Throughout the stay, the animal remains under the full responsibility of the guest. For hygiene reasons, animals are not allowed in dining rooms.
10.3 During the stay, the Guest undertakes to use the room rented to them in a reasonable manner. The Hotel may ask the Guest to leave the Hotel without any compensation being paid to them and to pay for the entire booked Service, particularly in case of: behavior contrary to public morals or public order,
any damage, degradation, act of vandalism occurring due to their actions or those of their employees or persons under their responsibility, during occupation of the premises, to any movable or immovable property, furnishings, decoration, or any other nature present in the Hotel.
In addition, the Guest will be required to fully reimburse the damage caused by their actions, Hotel Busby having full authority and being able to initiate any useful action in order to obtain compensation for the damage suffered.
10.4 Hotel Busby provides Guests with WiFi internet access throughout the Hotel.
The Guest undertakes that the computer resources made available to them will not be used for fraudulent or illegal purposes, and in particular in order to commit any act of infringement of third-party rights and/or illegal downloading of works protected by copyright or related rights, sanctioned by Article L.335-2 of the Intellectual Property Code.
RELOCATION – FORCE MAJEURE
11.1 In case of unavailability of the booked room within a Hotel, Hotel Busby reserves the possibility to accommodate the guest totally or partially in a Hotel of equivalent or superior category and offering Services of the same nature.
11.2 Hotel Busby will be released from all liability for non-performance of its obligations in case of events constituting force majeure, for the duration of the force majeure event, and undertakes to make all reasonably necessary efforts to limit its effects.
11.3 For the application of this Article, force majeure is understood as any event or fact that the parties could not reasonably foresee and control at the time of booking due to its external nature to the parties, unforeseeable and irresistible. Thus, in particular, are considered cases of force majeure, in addition to those recognized by French courts and tribunals, total or partial strikes, internal or external to the Hotels, terrorism, wars or uprisings, bad weather, epidemics, blocking of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, computer system failure paralyzing the normal continuation of its activity by a Party.
PERSONAL DATA
12.1 In application of Law No. 2018-493 of June 20, 2018 on the protection of personal data and the General Data Protection Regulation No. 2016/679 (GDPR), the Guest is informed that the information provided during booking has been subject to personal data processing for the purposes of managing bookings and Guests, billing and payment needs, as well as for commercial prospecting purposes.
12.2 The Guest is also informed that the hotel has a video surveillance system within the common areas of the building for the security of persons and property.
12.3 The Guest has a right of access, rectification, portability, and deletion of personal data concerning them, which they can exercise with the hotel’s services by writing to the following email address: contact@hotelbusby.com
12.4 The Guest can obtain information on how the hotel processes their personal data by sending a request to the following email address: contact@hotelbusby.com or to the address of our head office: 38 rue maréchal joffre 06000 Nice
APPLICABLE LAW – MEDIATION – JURISDICTION
14.1 These General Terms and Conditions of Sale are governed by French law.
14.2 All complaints relating to non-performance or poor performance of Services by the Hotel must be reported by the Guest, under penalty of time bar, by registered letter with acknowledgment of receipt, within fifteen days following the departure date from the Hotel to:
the following postal address: 38 rue maréchal joffre 06000 Nice
the email address contact@hotelbusby.com
The hotel will endeavor to handle this complaint as best as possible and reach a resolution of the dispute in accordance with the interests of both parties.
14.3 In the absence of an amicable settlement of the dispute, the Guest has the possibility to refer the matter to the Tourism Travel Mediator, at the following address:
MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex.
For more information on the Tourism Travel Mediator, the Guest can consult its website: www.mtv.travel/.
14.4 In case of complaint relating to Services, an alternative dispute resolution solution is offered to the Guest, who can file a complaint on the Online Dispute Resolution (ODR) platform via the address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
GENERAL PROVISIONS
15.1 The General Terms and Conditions of Sale are modified regularly, particularly in consideration of regulatory changes. The new General Terms and Conditions of Sale will apply as of their publication date on the site.
15.2 The General Terms and Conditions of Sale, including the Privacy Policy, the General Terms of Use of the Site and, where applicable, the specific conditions relating to certain offers, constitute the entire contract concluded between the Guest and the hotel regarding their booking on the Sites and cancel all previous general terms and conditions of sale.
15.3 In the event that any of the provisions of these General Terms and Conditions of Sale is declared null and void in whole or in part, for any reason whatsoever, the other provisions will remain in force.
