PRELIMINARY ARTICLE – DEFINITIONS
The terms and expressions used in these general terms and conditions of sale, identified by the first letter in capital letters, in the singular or plural, have the meaning defined in this article, unless the context requires a different meaning:
« CGTS » means the present General Terms and Conditions of online sale.
« Site » means the website https://galliahotel.fr/en/
« Customer » means any natural person contracting for needs and/or use outside of their professional activity on the Site.
« Hotel » means the Gallia Hotel located at 24 Bd Berthollet 73100 Aix-les-Bains.
« Stay » means at least one night at the Hotel and an initial duration of less than six (6) nights (short stay).
ARTICLE 1. PURPOSE AND ACCEPTANCE OF THE CGTS
The present CGTS apply to all Hotel Stay reservations made by Customers on the Site.GALLIA HÔTEL and the Client agree that their relationship will be governed exclusively by these CGTS, to the exclusion of any other conditions previously available on the Site, or any other specific condition of the Client.
GALLIA HÔTEL reserves the right to modify these CGTS at any time by sending the Customer a new version or by publishing a new version on its Site. The applicable CGTS are those in force on the date of the reservation by the Client.
The Client declares, prior to placing an order, that he has read and accepted these CGTS without reservation. Consequently, placing an order on the Site implies full and complete acceptance of these CGTS, which the Client expressly acknowledges.
It is expressly agreed that long stays, i.e. stays with an initial duration of more than six nights, are subject to separate general terms and conditions of sale.
For the purposes of the present document, it is agreed that GALLIA HÔTEL and the Client are hereafter collectively referred to as the “Parties” and individually as the “Party”
ARTICLE 2. PRIOR INFORMATION AND FORMATION OF THE CONTRACT
In accordance with article L111-1 of the French Consumer Code, GALLIA HÔTEL informs the Client, in a legible and comprehensible manner, of the essential characteristics and prices of the “standard”, “classic”, “comfort” and “family” rooms available on the Site, prior to the reservation, which the Client expressly acknowledges.
GALLIA HÔTEL also provides the Customer with information relating to its identity, postal, telephone and electronic contact details and its activities, as well as information relating to legal guarantees, in particular the legal guarantee of conformity and the legal guarantee of hidden defects, and any commercial guarantees, as well as, where applicable, after-sales service and information relating to other contractual conditions.
In addition, the Client receives the information provided for in articles L. 221-5 and L. 221-11 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these CGTS.
The reservation is firm and definitive as soon as the Client validates the reservation on the Site. The Client has previously read and accepted the CGTS and transmitted his/her bank details for pre-authorization of the first night.The CGTS and the confirmation of the reservation form the contract between the Parties.
ARTICLE 3. BOOKING ON THE SITE FOR SHORT STAYS
Reservation requests are made online directly on the Site.
It is specified that the photos appearing on the Site or on any other medium or document, and any indication of the surface areas of the rooms are in no way contractual and do not bind the Hotel.
The Client may make a reservation request for half-board directly with GALLIA HÔTEL via the contact form. Reservations are nominative and personal.
Consequently, the transfer of the reservation contract by a customer to a third party is prohibited, except with the express prior agreement of the Hotel. In such a case, the Customer must inform the Hotel by any written means that allows for acknowledgement of receipt, no later than seven (7) days prior to the start of the Stay, indicating the contact details of the new beneficiary or beneficiaries and ensuring that they meet the same conditions as the Customer in order to make the stay.
The Client browses the Site and makes a reservation request at the Hotel from the rooms offered on the Site, indicating the dates of the Stay to find out the availability for the desired period. The Customer may consult the essential characteristics of the rooms and their presentation.
The Client makes a reservation request on the Site after having indicated the period of stay.
For any reservation request for a period of more than six nights, the Customer is invited to contact the Hotel directly by e-mail, telephone, post or directly via the contact form on the Site. These CGTS are not applicable to long-term stays, which are covered by a separate legal document. The hotel will send the Client, by e-mail or by post, a pre-reservation proposal with the desired dates, current rates corresponding to the chosen service and the general conditions corresponding to the request.
When booking a Stay on the Site, the Client shall provide the contact details required to request a reservation from the Hotel, the dates of the Stay, and his/her bank details for pre-authorization (bank imprint).
The Customer undertakes to provide accurate and complete information. The information communicated by the Client when making a reservation is binding.
GALLIA HÔTEL is not responsible for any errors in information relating to the reservation in the event of an error in the personal information provided by the Customer.
To finalize his reservation request, the Client enters his bank details as a guarantee of prepayment.
Before validating his request, the Client is invited to check the elements of his reservation request and, if necessary, identify and correct any errors.
To validate their request, the Client ticks the box “I have read and accept the general terms and conditions of sale” before clicking on “CONFIRM MY BOOKING”, which is valid as a pre-authorisation of the bank card as a guarantee of the booking.
The Client then receives a booking confirmation. The Client accepts that the computerised registration systems are proof of the purchase and its date.
ARTICLE 4. AVAILABILITY
The prices displayed are those applicable to the period of stay indicated by the Client. Availability is updated as soon as possible by GALLIA HOTEL. It is possible that technical and/or computer problems may result in the availability of a room not actually available being displayed. A room shown as available may also become unavailable if several Customers present on the Site reserve it at the same time. The first Client to make a reservation request will have priority. If the room is unavailable, the reservation request will be refused by GALLIA HÔTEL, which may contact the Client as soon as possible to inform him/her of the situation and offer an alternative option if one exists. Failing this, the pre-authorization by bank print will not be entered by GALLIA HÔTEL under any circumstances
ARTICLE 5. CONDITIONS OF OCCUPATION OF THE PREMISES DURING THE STAY
5.1. Reception and handing over of keys
The Guest is welcomed at the hotel reception. The Client undertakes to take possession of his/her room on the agreed date, during the opening hours of the reception.
The Client undertakes to prove his/her identity on the day of his/her arrival at the Hotel. He/she must carry his/her reservation confirmation. Minors must be accompanied by an adult.
The rooms are available on the day of arrival from 16:00. On the day of departure, the rooms must be vacated by 11:00 am at the latest.
In the event of a delayed departure without the agreement of the hotel manager, the Client will be charged a flat rate of €30 per additional hour. Any hour started will be invoiced in full.
In the event of a late arrival, during the closing hours of the reception, the Client must inform the Hotel in advance in order to organise his reception and the handing over of the room keys. In the absence of prior notification, the Customer shall not be entitled to claim any compensation in this respect, and the Hotel shall not be held liable under any circumstances.
5.2. Life during the Stay
The room will be made available to the Customer in a clean and tidy condition.
The rooms presented to the Client comply with French safety standards and are equipped with the facilities required for the classification of the Hotel.
In order to ensure the peace and quiet of the Hotel, the Client shall be required to respect good practices such as, in particular, the fact that the Hotel is a non-smoking establishment, that animals are not allowed in the restaurant, even if they are kept on a lead, etc.
The Client must report any damage or breakage that occurs during his/her Stay, and make any complaint or other request to the reception desk so that the necessary measures can be taken.
5.3. Departure and end of stay
No material, equipment, furniture and objects installed in a room may be removed or moved.
The Client will be responsible for any damage to or removal of items contained in the room and will be liable to reimburse them at their cost, or for the cost of restoring and cleaning them, including bedding.
In the event of damage to the premises (walls, ceilings, paintwork, sanitary facilities or other), the Customer will be invited by the Hotel to be present to observe the damage and make any observations that will be indicated in the inventory report. For any objective damage found, the Customer shall be required to reimburse the cost of repairs, according to the assessment made by the repairer at the request of the Hotel.
In the event of loss of keys, the sum of €50 will be charged to the Client.
The contract of sale shall be terminated automatically without further formality in the event of the Customer’s failure to fulfil one of his or her essential obligations or in the event of behaviour likely to disrupt the stay of other Customers or the operation of the Hotel. In this case, the Client shall immediately return the keys and may be evicted without notice or compensation.
In the event of disturbance at night after 10 p.m. and after a warning has been given without success, the Hotel reserves the right to evict the Customer from the room and the establishment with the assistance of the police; this eviction will put a definitive end to the Customer’s stay, without any compensation.
Cleaning during and at the end of the Stay is included in the price of the reservation.
However, the Client must leave the room in a suitable state and respect all the instructions displayed in the establishment.
If this is not the case, after informing the Client who may make any observations, an amount corresponding to the cost of repairing and cleaning the room may be invoiced to the Client.
The Customer must ensure that the doors and windows of his/her room are closed when he/she is absent.
The Hotel may not be held liable in the event of theft without breaking and entering.
Similarly, they must not leave any object or material on the terrace/balcony of their room, if applicable, or in the common areas of the establishment, and ensure that their room is locked. In the event of failure to comply with these instructions, the Hotel may not be held liable under any circumstances
ARTICLE 6. MINORS
Minors remain under the full responsibility of their parent(s), legal representative(s) and/or accompanying person(s) for the entire duration of their Stay in the establishment. The Hotel may only book a stay for minors if they are under the responsibility of an accompanying adult
ARTICLE 7. ANIMALS
Only small pets are allowed, provided that the Hotel is informed of this at the time of the reservation request, for a supplement of €10 per day to be paid by the Client at the end of his/her Stay.
It is recommended that Clients contact the Hotel directly to ensure that their pet is accepted as well as the conditions of its presence, as it must not cause any inconvenience to other people present in the Hotel or to the neighbourhood (noise, hygiene, smell) and the pet must remain under the supervision of its owner or guardian throughout the Stay. The Client must provide the animal’s health record.
ARTICLE 8. CANCELLATION, MODIFICATION, OR INTERRUPTION OF THE STAY
As a matter of principle, any confirmation of a reservation by GALLIA HÔTEL is firm and final and commits the Client.
The Client may make a request to GALLIA HÔTEL for the interruption, modification or cancellation of their Stay up to 24 hours before the date of interruption or cancellation up to 2pm. For any cancellation or interruption beyond the deadline indicated above, GALLIA HÔTEL will take the sum corresponding to the pre-authorisation (bank imprint on the day of the online reservation) for the first night as compensation.
ARTICLE 9. NO RIGHT OF WITHDRAWAL
The Client is informed that, in application of article L121-28 of the French Consumer Code, the right of withdrawal is not applicable to the provision of accommodation, transport, catering and leisure services which must be provided on a specific date or at a specific time.
ARTICLE 10. TOURIST TAX – ECO RECYCLING PARTICIPATION TAX
The tourist tax (which is entirely paid to the municipality of Aix-les-Bains) is not included in the establishment’s rates.
The current amount is displayed at the hotel reception.
As an indication, the amount in force in 2023 is 1.13 euro per night and per person over 18 years old.
The tourist tax is to be paid on site at the Hotel, either on arrival or on departure of the Client.
Based on the same principle, a flat rate “Eco Recycling” contribution, not included in the Hotel’s rates, may be collected from the Client for the preservation of the environment and the sorting of waste. To date, the municipality of Aix les Bains has not set up such a contribution.
ARTICLE 11. FINANCIAL CONDITIONS
On the day of the reservation request by the Client on the Site, GALLIA HÔTEL requires a bank imprint from the Client as a pre-authorisation guaranteeing the payment of the first night. The pre-authorisation is released when the Customer pays for the Stay (the amount of the pre-authorisation is visible for up to 30 days on the account depending on the bank), or is deducted in the event of the Customer’s no-show or late cancellation.
Prices are in euros, net and inclusive of all taxes, excluding tourist tax. The Client agrees to pay the balance of the total amount of the reservation before leaving the Hotel.
11.2. Payment methods
The following methods of payment are accepted on site:
Any costs associated with these methods of payment are to be borne by the Customer.
11.3. Security of payments
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating his/her bank card details, the Client authorizes GALLIA HÔTEL to debit his/her bank card for the amount corresponding to the price including all charges, in the event that GALLIA HÔTEL is obliged to take the pre-authorization guaranteeing payment for the first night.
To this end, the Client confirms that he/she is the holder of the bank card to be debited and that the name on the bank card is indeed his/her own. The Customer shall communicate the sixteen digits and the expiry date of his/her credit card as well as, if applicable, the visual cryptogram numbers.
ARTICLE 12. RESPONSABILITY
GALLIA HÔTEL cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an impossibility of accessing the Site, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with French jurisprudence.
GALLIA HÔTEL may not be held liable if the Client has not complied with its commitments under the contract, in particular, compliance with these CGTS, all the internal rules in force at the Hotel, and in general, all the instructions, instructions and recommendations relating to the occupation of the rooms and the proper execution of the Stay at the Hotel.
GALLIA HÔTEL has taken out professional civil liability insurance with a reputable company.
In any event, in cases where GALLIA HÔTEL’s liability could be sought, its liability is strictly limited to the foreseeable loss within a ceiling equivalent to the amount (excluding VAT) of the sums received in respect of the disputed service
The information relating to the thermal baths and other leisure activities (hiking, mountain biking, paragliding, etc.) presented on any document made available at the reception desk are documents drawn up by external service providers and are not binding on the Hotel. For further information, the Client should contact these service providers directly. The service must be booked directly with these service providers, who are entirely responsible for its organization and smooth running.
ARTICLE 13. FORCE MAJEURE
GALLIA HÔTEL cannot be held responsible for any delay or contractual failure resulting from a case of force majeure, i.e. an event external to the Parties, irresistible and unforeseeable.
The performance of obligations incumbent on GALLIA HÔTEL shall be suspended by the occurrence of an event constituting force majeure within the meaning of the case law of the French courts.
In such circumstances, GALLIA HÔTEL shall warn the Client in writing within seven (7) days of the date of occurrence of the events, the obligations binding GALLIA HÔTEL and the Client being suspended by operation of law, without compensation, from the date of occurrence of the event.
If the event lasts for more than thirty (30) days from the date of its occurrence, the obligations binding GALLIA HÔTEL and the Client may be terminated by the most diligent Party without either Party being able to claim damages.
ARTICLE 14.INTELLECTUAL PROPERTY
The intellectual property rights affixed to the commercial documents, digital media, namely the brands owned by GALLIA HÔTEL, drawings and models, graphics on the documents, the graphic charter of the Site, the GALLIA HÔTEL logo, domain name, etc. are and remain the exclusive property of GALLIA HÔTEL.
The present CGTS, as well as the simple placing of an order by the Client, or a pre-reservation, do not in any way imply the transfer of intellectual property rights on all of the said documents, media, etc.
Also, the Client shall refrain from reproducing and/or using, for any purpose whatsoever, and/or creating confusion with the name and/or brand(s) belonging to GALLIA HÔTEL and/or any distinctive sign held by GALLIA HÔTEL. In particular, the Client shall refrain from creating an internet site under the name “GALLIA HÔTEL” or equivalent.
ARTICLE 15. PERSONAL DATA
15.1. Type of data collected
The personal data collected and subsequently processed by GALLIA HÔTEL is that which the Customer voluntarily transmits as part of the reservation process via the website, a request for information via the contact form, the management of the customer’s registration file, the management of payment. This may include the following information: Civility, surname, first name, age, date of birth, postal address, e-mail address, telephone number, company name, bank details.
15.2. Purposes of collecting personal data
Clients authorize GALLIA HÔTEL to save this personal information in a secure GALLIA HÔTEL file, for the purposes of the pre-booking process via the website or by post for Medium and Long Stays, a request for information via the contact form; the management of the client’s registration file, the management of payment.
15.3. Transmission of data to third parties
The personal data collected may be transmitted to GALLIA HÔTEL’s service providers (IT service providers, hosts, etc.) in order to respond favorably to the customer’s requests, insofar as this is necessary for the purposes set out above.
However, GALLIA HÔTEL undertakes not to transmit the data provided to other third parties, except at the request of an administrative or legal authority, and outside the European Union.
15.4. Duration of data storage
Customers’ personal data is kept by GALLIA HÔTEL for a period that does not exceed the time required for the purposes for which it is collected and processed and, in any event, for a maximum period of three (3) years after its collection for prospective customers.
15.5. Customers’ rights
Customers are informed that, in accordance with current French and European regulations, they have the following rights, subject to providing proof of their identity:
For any questions or requests relating to the protection of privacy, Clients may contact GALLIA HÔTEL at the following e-mail address: email@example.com or by post at the following address SAS GALLIA 24 Boulevard Berthollet 73100 Aix-les-Bains.
GALLIA HÔTEL will endeavour to respond to any request for access, rectification or opposition or any other additional request for information made by a Client within a reasonable period of time, which may not exceed one (1) month from receipt of the request.
The Customer is informed that if he/she does not wish to be the subject of commercial prospecting by telephone, he/she can register free of charge on a list of opposition to canvassing, for example: www.bloctel.gouv.fr.
15.6. Complaint to the competent authority
If the Client considers that GALLIA HÔTEL is not complying with its obligations regarding its personal data, it is reminded that it may submit a complaint or a request to the competent authority.
It is reminded that in France the competent authority is the CNIL to which the Client can send a request electronically by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.
ARTICLE 16. PROBATIVE FORCE OF ELECTRONIC WRITINGS
The electronic writings between the Parties have evidential value with regard to the CGTS. Consequently, it is expressly agreed that, unless there is a manifest error or proof to the contrary, the data kept by GALLIA HÔTEL in its information system has evidential value between the Parties in the event of a dispute.
ARTICLE 17. CUSTOMER SERVICE – COMPLAINTS
For any information, question or complaint, GALLIA HÔTEL’s customer service is available to the Client:
ARTICLE 18. COMPLETENESS OF THE PARTIES’ AGREEMENT
The provisions of these CGTS, which express the entirety of the will of the Parties, entirely replace all previous agreements, discussions and negotiations that may have existed between them and relating to the subject of these CGTS.
ARTICLE 19. INDEPENDENCE OF CLAUSES
If one or more of the provisions of these CGTS are held to be invalid, the validity of the other provisions shall not be called into question unless they are inseparable from the invalidated provision.
ARTICLE 20. NON-WAIVER
The fact that GALLIA HÔTEL does not avail itself at any time of a prerogative recognized by these CGTS shall not be interpreted as a waiver by the latter to avail itself of the corresponding prerogative at a later date.
ARTICLE 21. APPLICABLE LAW – MEDIATION – COMPETENT COURTS
These CGTS are subject to French law. In the event of a dispute relating to the application of these CGTS, the Customer is informed that he/she may have recourse free of charge to a consumer mediator, after the failure of an attempt at amicable settlement directly with GALLIA HÔTEL, in accordance with the provisions of the consumer code.
To this end, the Customer is informed that GALLIA HÔTEL has appointed the following mediator:
The Customer is informed that he can initiate the mediation procedure directly from the website https://www.mediationconso-ame.com via the form dedicated to this purpose, or by post to the following address when his file is complete:
197 Boulevard Saint Germain,
In addition, the Customer has the possibility of using the European platform of online settlement of disputes (RLL) available by following the link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
In the absence of mediation, the jurisdictional competence is that of the French courts. The competent court will be designated according to the rules of procedure in force in France.