General terms and conditions Hotel

1 – GENERAL PROVISIONS

BRACH Paris (hereinafter the “Company”) is a société par action simplifiées [simplified joint-stock company] with capital of 15,118,097.20 euros, with registered offices at 1-7, rue Jean Richepin – 75116 Paris, France, registered with the register of trade and companies of PARIS under No. 803 406 685 and with intracommunity VAT No. FR54803406685 – Tel.: +33 (0)1 44 30 10 00 – website: www.brachparis.com (the “Website”) – email: contact@brachparis.com or booking@brachparis.com

It operates the BRACH Hotel (hereinafter the “Hotel”), located at the same address and comprising, in addition to rooms designed for overnight stays, a restaurant, a cocktail bar, a sports club (Brach Le Club de Sport) and a spa (Spa by Clarins), which may also serve clients who are not staying at the Hotel.

The Company belongs to the EVOK COLLECTION group, which is committed to a corporate social responsibility (CSR) policy via its Charte Ethique – Ambitions pour un meilleur avenir du groupe [ethical charter: working towards a better future for the group], its adherence to the principles of the United Nations Global Compact, and by joining various French and international think tanks and professional bodies committed to human rights, international labour standards, environmental protection, and anti-corruption initiatives.

Scope of application. These general terms and conditions (T&Cs) apply to all reservations, accommodation services and ancillary services listed hereinafter, between the Company and one or more people reserving an accommodation service at the Hotel (hereinafter the “Client”) or effectively receiving said service at the Hotel (hereinafter the “Beneficiary”). The person effectively staying at the Hotel, whether they are a Client or a Beneficiary, is hereinafter referred to as the “Guest”. The T&Cs are binding on Clients and Guests.

Certain provisions of the T&Cs, indicated with the letter (C), may only concern Guests and Clients acting as consumers within the meaning of the French consumer code, i.e., only natural persons acting for purposes that do not fall within their trade, industrial, craft, independent or agricultural business activity. When the law requires that these provisions extend to non-professionals within the meaning of the French consumer code, i.e., legal entities not acting for professional purposes, this is specified.

The Company reserves the right to amend its T&Cs at any time. Such changes will not, however, have any retroactive effect on reservations or services booked or honoured or being honoured, except in the case of binding statutory adaptations applicable immediately. In the event of a conflict, special terms and conditions entered into between the Company and the Client take precedence over the T&Cs.

The T&Cs apply to all reservations and services, whether booked directly with the Hotel or via the Website (including through redirection to an online booking tool operated by a third party), by email exchange with the Company, or via a third party (reservation platform or centre, travel agency, etc.).

They apply to individual reservations of five rooms at once or five consecutive nights. Group terms and conditions apply beyond this. These vary depending on the total number of nights and the period of the stay and will be presented to the Client by the Company further to a specific request from the Client specifying the number of nights and the dates of the stay.

Client declarations. The Client confirms they are over the age of 18 and have the legal capacity to enter into a contract with the Company and make the reservation in their name and for themselves as well as in the name or on behalf of or for the benefit of the Beneficiaries. The Client declares they use the Website, where applicable, in accordance with these T&Cs. The Client guarantees that the information and data provided during or for the purpose of the reservation, concerning both the Client and the Beneficiaries, is truthful and accurate. The Client undertakes to inform the Beneficiaries of the terms and conditions applicable to their reservation and their stay at the Hotel, including these T&Cs and the Charte de Traitement des Données Personnelles [personal data charter].

2 – OFFER AND TERMS AND CONDITIONS OF STAY

• Rooms and Services associated with the Rooms. The Room categories and the associated rates are provided to the clientele or displayed by the Company
• – in the Hotel reception;
• – on the Website;
• – on the website of the online booking service operator accessible via the Website;
• – on request made directly to the Hotel reception or in an email sent to the Company at booking@brachparis.com.

The Client is informed of the features and price of the Rooms, depending on the category, and these can be consulted as stated above. A Client making an online reservation is invited to notice and click on the icons and information links throughout the reservation process, to assure themselves of the content of their request and their reservation.

The Client or the Guest is invited to visit the Website, contact the Hotel or ask at the Hotel reception about the terms of the ancillary services provided, or those in addition to overnight stays.

• The photographs of the Rooms published on the Website or in catalogues are for informational and illustrative purposes only and are not legally binding. In particular, the furnishing and decoration of the Rooms provided may be different to those of a room in the same category shown in a photograph on the Website or in the catalogues.

The T&Cs, Rates and other terms and conditions for the Rooms and hotel services offered by the Company are produced for the Rooms’ primary use and purpose, i.e., overnight stays. The Company reserves the right to refuse reservations or interrupt non-compliant Room stays or use, or to offer other Room rental terms or conditions for other purposes such as filming, photography shoots, interviews and showrooms.

Check in/Check out. Guests may check in from 3 pm on the day they are due to arrive and must vacate the room at the latest at midday on the day of departure. Past this deadline, an additional night will be invoiced at the Rate in force at the time.

Relocation. In cases of force majeure, an exceptional event that cannot blamed on the Client or the Guest or a technical issue at the Hotel making it impossible for Guests to stay, the Company will do everything in its power to offer alternative accommodation, if possible in a hotel of the same standing as the Hotel. The Company will meet the additional fees incurred due to the relocation. Force majeure means any event beyond the control of the party that owes the obligation, which could not have been reasonably provided for at the time the contract was entered into, and the effects of which cannot be avoided through appropriate measures, which prevents the performance of the obligation. If such prevention is temporary, the obligation is suspended unless the delay in performance justifies termination of the contract. If the prevention is definitive, the contract is terminated as of right and the parties are released from their obligations.  Besides the case of force majeure, the Company is not responsible for the failure to perform the services or the poor performance of the services when this is due either to the Client or the Guest or to unforeseen and unavoidable circumstances brought about by a third party. The Client alone must bear the additional fees incurred to continue their trip further to the occurrence of such events. In all cases, the Client, having accepted and effectively benefited from the relocation solution offered by the Company, waives their right to any compensation or claim in respect of the impossibility of staying at the Hotel and the consequences thereof.

3 – RATES

Rates are in euros, per Room and per night, for double occupancy, excluding breakfast, unless expressly indicated otherwise. Reductions cannot be requested for single occupancy. Rates include service and taxes, except tourist taxes and additional taxes (charged by the région or département), which will be added and indicated when the reservation is made, before any payment or confirmation via communication of bank details (see article 4 – RESERVATION). Any changes to the applicable tax or rate or the introduction of a new tax or regulation concerning taxes will be passed on in the price or the final amount invoiced to the Client or the Guest.

The current Rates are displayed in the Hotel reception and on the Website, or can be sent by email if the Client makes a special request to the address reservation@nolinskiparis.com or, exceptionally, by telephone. Rates are subject to change at any time and without warning until a reservation is confirmed, unless otherwise stated in a quote specifically drawn up for the Client.

Rates may vary depending on the date of the stay (season, day of the week, etc.). The Company may also propose Offers or special or one-off Rates for an event, special occasion or any other reason at the discretion of the Company.

The terms and conditions specific to each Rate (particularly cancellation policies) can be viewed online on the reservation form and platform and in the Hotel reception, or can be sent by email if the Client submits a request to the address booking@brachparis.com, or, exceptionally, by telephone.

Rates offered to Clients by intermediaries must be the same as the Rates displayed publicly by the Hotel on the Website or reservation platform or at the Hotel.

4 – RESERVATION

• The Client is invited to consult the type and availability of the Rooms and the Rates for the desired dates of stay at the Hotel reception, on the Website, by sending an email to booking@brachparis.com or by telephone. The Company endeavours to communicate information pertaining to Room availability as best possible and as early as possible, but this is subject to change at any time. Room availability is only confirmed and guaranteed upon receipt of a reservation confirmation email from the Company as described below.
• The T&Cs and the personal data charter are available on the Website. They can also be sent to the Client by email if expressly requested from booking@brachparis.com or consulted as a hard copy at the Hotel reception. The reservation implies unqualified acceptance of the T&Cs and the personal data charter.

During certain periods, the stay must be pre-paid and is not refundable if cancelled. In all other cases, at the time the reservation is made and in order to confirm it, the Client is asked to provide a reservation guarantee in the form of a pre-authorisation charge by providing the details of a valid bank card in the name given for the reservation (cardholder’s name, bank card number, expiry date and cryptogram) via a secure link sent by the Company or directly on the online reservation platform. Pre-authorisation charges are not taken by telephone. A maximum of one euro will be debited to ensure the card is valid. The Company only acknowledges the reservation either upon full pre-payment of the stay by bank transfer or debit or credit card (or in cash if the reservation is made at the Hotel), or upon receipt and validation of the card details provided by the Client and the pre-authorisation charge.

When the Guest checks in upon arrival at the Hotel, a pre-authorisation charge will also be requested on a bank card in the Guest’s name to guarantee their stay (including, for instance, accommodation services, drinks, additional services or other Company services, and damages if necessary), for an amount ranging from one night to the entire stay.

The pre-authorisation amount may be increased if the Guest extends their stay, depending on the duration of the additional stay, in order to confirm and guarantee the reservation.

When the Rate chosen by the Client for their reservation is subject to full pre-payment of the stay, or when a one-euro pre-payment is required for the reservation (or order), the payment is binding on the Client.

In all cases, the Company sends the Client an email containing the reservation details, which equates to the firm and final confirmation thereof.

4 – PAYMENT TERMS

The Client or the Guest must pay for the stay in full, including services and goods not included in the reservation and booked by the Client or the Guest during the stay, less any pre-payments already made, if applicable, directly to the Hotel, at the latest upon the Guest’s departure and the return of the Room. The Room keys must be left at the Hotel reception, unless the parties agree otherwise. An invoice is handed to the Client or the Guest setting out all the services performed.

Means of payment. The Company accepts payment:

– in cash (in euros only), only if paid at the Hotel, and for amounts under 1,000 euros for Clients and Guests who can prove their tax residence is in France or when the reservation is for business purposes, or 10,000 euros for Clients and Guests who can prove their tax residence is abroad and whose stay is not for business purposes;

– by bank card, at the Hotel, on the reservation platform accessible via the Website, or by secure payment link. The Company accepts the following bank cards: Visa, Mastercard, American Express, Diners Club and JCB;

– by bank transfer to the Company bank details, which will be shared further to an express request from the Client sent to booking@brachparis.com (all bank transfer fees are to be paid in full by the Client or the Guest making the payment).

The Company does not accept payments by cheque, chèques-vacances [travel vouchers] or travellers cheque.

Pre-payments can be made using one of the above payment methods. The balance must be paid at the end of the stay in cash, by bank card or, exceptionally, by bank transfer subject to special agreement of the Company.

Gift Vouchers. EVOK COLLECTION Gift Vouchers must be used and disclosed at the time the reservation is made and in accordance with the information on the Voucher. Gift Vouchers cannot be used unless they are disclosed to and validated by the Company in advance, to confirm the reservation.

Effective payment. Payment will be considered received and effective:
– in the event of payment in cash, once the cash has been handed over;
– in the event of payment by bank card, once the payment provider has validated the payment order;
– in the event of payment by bank transfer, once the funds have been credited to the Company account, notwithstanding applicable provisions in the event of a payment incident.

Payment incident. In the event of a payment incident resulting in the annulment, for any reason whatsoever, of all or part of the payment already made to the Company, the latter will have discretionary power to cancel the reservation or offer to any Client or Guest that makes such a request to make a new reservation by making a new payment. The Client or the Guest is liable to the Company for any fees and charges incurred as a result of the payment incident.

(C) Amounts paid in advance by Clients and Guests with the capacity of consumers under the meaning of the French consumer code start to bear interest at the legal rate three months after the payment until the performance of the service, without prejudice to the Company’s obligation to perform the service. Interest is deducted from the balance to be paid at the time the service is performed.

5 – COOLING-OFF PERIOD – CHANGES – CANCELLATION – TERMINATION

Absence of a cooling-off period. There is no cooling-off period for accommodation services at the Hotel and the other ancillary services or goods (property transport services, car rental or other leisure activities, for example) which must be provided on a specific date or during a specific period.

Changes and cancellation (termination) by the Client. Reservations can be changed or cancelled (terminated) by the Client or the Guest as per the terms and conditions of the Rate chosen by the Client. These terms and conditions can be consulted on the booking form published on the Website, given to the Client directly at the Hotel reception, or shared by email if the Client sends a request to the address booking@brachparis.com and are, in any case, brought to the Client’s knowledge before the reservation is made subject to payment or by sending their details and accepting a pre-authorisation charge. They can also be found in the reservation confirmation email sent to the Client. Unless otherwise stated, the reservation can be changed or cancelled free of charge until 24 hours before the reservation (on an hour-by-hour basis), i.e., until 3 pm (local time) the day before arrival.

(C) In addition, Clients with the capacity of consumers or non-professionals within the meaning of the French consumer code are reminded of the following provisions of this code:

Article L. 215-1-1:

When a contract has been entered into electronically (or has been entered into by another means and the professional, on the day of termination by the consumer, offers the consumer the option of entering into contracts electronically), termination must be made possible under this same arrangement.

As such, the professional must provide the consumer with a free, electronic means of announcing their wish to terminate the contract and perform the steps required to do so. When the consumer announces termination of the contract, the professional must confirm receipt of the announcement and inform the consumer, on a durable medium and within a reasonable time frame, of the date on which the contract comes to an end and the effects of the termination.

A decree establishes the technical arrangements to identify the consumer and ensure easy, direct and constant access to the means mentioned in the second paragraph, as well as arrangements for its presentation and use. It sets out the information that must be provided by the consumer.

Article L. 215-3:

The provisions of this chapter also apply to contracts entered into between professionals and non-professionals.

Other cases of cancellation or termination. The reservation is terminated as of right in the case of force majeure, by unforeseen and unavoidable circumstances brought about by a third party, or by the Client or the Guest making it impossible to perform the service. The Company cannot be held liable on account of the termination or for shortcomings in the performance brought about by these circumstances. The Company is within its rights to cancel the Guest’s reservation or stay, or bring it to an end, in the event of the latter’s disregard for the terms and conditions of use of the services offered by the Company or any behaviour likely to cause any harm whatsoever or disrupt other clients’ stays, regardless of whether they are staying overnight at the Hotel. In this case, the Company will invoice or, if a pre-payment was made, retain the full cost of the reserved stay.

Financial terms and conditions of the cancellation. In the event of a cancellation of a stay or a termination of a reservation by the Client or the Guest that does not comply with the terms and conditions set out in the Rate, which includes the Guest’s failure to arrive at the Hotel on the arrival date stated at the time of reservation without any communication from the Guest or the Client regarding the postponement of the date of arrival, the reservation will be considered as having been cancelled and the contract terminated in all of its provisions. The first night will be invoiced and debited as per the pre-authorisation provided, including if the Guest postponed their date of arrival during their stay without cancelling the first night in line with the terms and conditions of the Rate. If a pre-payment was requested and made, the Company will retain it in full.

If the Company cancels or terminates the reservation without good reason, the Company will reimburse the Client in full for the amounts previously paid by the latter (C) at the latest within 14 days of the cancellation. No other amount will be added in respect of this termination for any reason whatsoever, without prejudice to the rights of Clients who have the capacity of consumers to receive damages. Articles L. 214-1 of the French consumer code and 1590 of the French civil code are expressly set aside.

6 – GUEST BEHAVIOUR AND LIABILITY

Generally, Guests are required to keep their personal belongings safe, to refrain from leaving them unattended anywhere on Hotel premises outside their Room and, when they leave the Room, to ensure it is shut and locked. Each Room is equipped with a safe, locked with a code chosen by the Guest. Guests are strongly encouraged to use the safe and are required to place their valuable belongings inside it. Guests are also invited to avoid, whenever possible, bringing belongings and possessions to the Hotel that are clearly superfluous, useless or inappropriate for a trip to or a stay at a hotel.

The Company will not accept any liability in the event of the theft, loss or other disappearance of or damage to these possessions if the Guest has been negligent or careless or when the latter has disregarded the security instructions provided by the Company in the T&Cs and in any other communication or display, particularly at the Hotel itself.

Guests are liable for all damage, deterioration and acts of vandalism that occur to both movable and immovable property in the Hotel or its outbuildings, regardless of whether they belong to the Hotel, during a stay at the Hotel. If appropriate, the Company may ask the Guest to leave the Hotel before the end of their stay. The Client and the Guest are jointly and severally liable for the amount of their full stay as well as damages for the harm suffered.

Guests shall refrain from inviting any person who behaves in a way likely to be detrimental to or cause disruption to the Hotel or to the clients, regardless of whether they are Guests, in or likely to be in the Hotel or its outbuildings. In all cases, Clients and Guests are accountable for the consequences of the wrongful conduct of people they may have invited into the Hotel.

7 – INTELLECTUAL PROPERTY RIGHTS

Clients and Guests are expressly informed that the Hotel and its various spaces in their capacity as architectural and decorative works, as well as the objects furnishing them and the Company’s promotional or advertising materials (hereinafter the Works, including the Website, catalogue, photographs, logos, furniture, accessories, decorative objects, works of art and the graphic elements used on these materials) are covered by intellectual property rights including authors’ royalties, design rights, marks and patents, held by the Company as well as third parties, particularly product managers and creators. Clients and Guests are therefore strictly forbidden from reproducing the Works and displaying them to the general public.

Any disregard for the intellectual property rights mentioned above constitutes copyright infringement and is punishable by criminal sanctions and an order to pay damages.

8 – HANDLING COMPLAINTS

The Client or the Guest must send any and all complaints by post to BRACH PARIS – Service Client – 1-7, rue Jean Richepin – 75116 Paris, France or by email to booking@brachparis.com within 15 days of the end of their stay at the Hotel, detailing the dates of the stay, their reservation or invoice number, their details, and the email addresses, postal addresses and telephone numbers the Hotel can use to reply to the Guest or Client. The Company can use the means and address of its choice to reply to Clients or Guests if the complaint gives several options. Complaints made more than 15 days after the stay will not be considered. The Company cannot favourably respond to any complaints that do not cite a right conferred upon the Guest or the Client under the contract or the statutory or regulatory provisions. Complaints citing such a right will be assessed by the Company as stated below. The Client and the Guest undertake to cooperate and respond promptly and in good faith to the Company’s requests so the complaint can be handled fairly and efficiently. After having obtained all the information needed to handle the complaint, the Company undertakes to inform the Client or the Guest as soon as possible, and at the latest within 15 days of receipt of all the necessary information, of the outcome of their complaint.

9 – SETTLING DISPUTES (C)

In the event of a disagreement, the Client or the Guest can access a conventional mediation procedure or any alternative way of settling differences of opinion.

Mediation. After having contacted the Company’s Customer Services department as indicated in article 8 – Handling complaints and in the absence of an agreement or a satisfactory response from the department within 60 days, the Client or the Guest can, in order to resolve the dispute out of court, contact the Company’s appointed consumer ombudsman free of charge, as follows: AME Conso – 11 Place Dauphine 75001 Paris, France – Telephone: +33 (0)9.53.01.02.60 – Website:  www.mediationconso-ame.com. Non-professional Clients and Guests, within the meaning of the French consumer code, can also contact the consumer ombudsman in the same way.

Settling disputes online

The Client and the Guest are informed of the existence of the Online Dispute Resolution (ODR) platform run by the European Commission. It can be accessed via this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

The Company’s email address for these purposes is booking@brachparis.com

10 – PERSONAL DATA

• Personal data disclosed on the occasion of Hotel reservations and services are processed by the Company as described in the Company’s personal data charter. The charter also includes the rights of the Client and any Guests who have shared personal data.
• Before making any reservation, the Client and the Guest are invited to read the personal data charter, which can be accessed on the Website or by making a request directly to the Hotel either in person or by email sent to booking@brachparis.com.
• The reservation implies the acceptance, by the Client, of the personal data charter, as well as the T&Cs in force at the time of the reservation. These are attached to the confirmation email mentioned in article 4 – RESERVATION. The Company may, however, update or revise its personal data charter at any time. The Client and the Guest are invited to consult, as regards the terms and conditions of reservations that have already been made and confirmed, the personal data charter and T&Cs attached to their reservation confirmation email.
• The Client and the Guest are reminded that they can sign up to the telemarketing call blocker via the website bloctel.gouv.fr. For more information, the Client and the Guest are invited to consult the personal data charter.

11 – STORAGE OF CONTRACTS ENTERED INTO ELECTRONICALLY (C)

When a reservation contract is exclusively entered into electronically (via the online reservation form on the Website, or by exchange of emails), the Company stores and archives it for ten years after performance of the services. The Client can ask to consult it at any time by sending a request to BRACH PARIS – Service Client – 1-7, rue Jean Richepin – 75116 Paris, France or by email to booking@brachparis.com, specifying their name and contact details.

12 – APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION

Applicable law. French law is alone applicable to the relationship between the Company and the Client or the Guest as regards the offer, the formation, the performance or discharge of the reservations, the T&Cs and the contract.

Court of competent jurisdiction. French courts alone have jurisdiction over disputes between the Company and the Client or the Guest arising from or relating to the offer, formation, performance or discharge of the contract, and more generally in the subject matter or interpretation of the contract, the quote or the T&Cs.

(C) However, if the Client or the Guest party to the dispute has the capacity of consumer under the meaning of the French consumer code, the following have jurisdiction:

• If the Client or the Guest party to the dispute was domiciled in France when the contract was entered into, French courts exclusively;
• If the Client or the Guest party to the dispute was not domiciled in France when the contract was entered into:

• • If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in the European Union, courts in the Member State in which the Client is domiciled; the Client or the Guest party to the dispute may also still bring a case before the French courts;
  • si, au moment de la saisine de la juridiction, le Client ou l’Hôte partie au litige est domicilié en Suisse, en Norvège, en Islande ou au Royaume-Uni, et qu’il était déjà domicilié dans le même Etat au moment de la conclusion du contrat, les juridictions de l’Etat dans lequel le client est domicilié; le Client  ou l’Hôte partie au litige pourra toujours également saisir les juridictions françaises ;
  • si, au moment de la saisine de la juridiction, le Client ou l’Hôte partie au litige est domicilié hors des territoires mentionnés aux alinéas précédents, ou s’il est domicilié en Suisse, en Norvège, en Islande ou au Royaume-Uni mais qu’il ne l’était pas au moment de la conclusion du contrat, les juridictions françaises exclusivement.

When French courts are competent, the competent national court is determined pursuant to the French code of civil procedure. (C) The Client or the Guest party to the dispute can also bring a case before the court of the place where they were living when the harmful event occurred, if this place was in France.

Contract language. In the event of a dispute, only the French version of these general terms and conditions of sale will be binding; it will prevail between the parties over any other version or translation.