General Terms and Conditions of Sale

MELT BORDEAUX GARE, a simplified joint-stock company (SAS) with a share capital of €1,000, whose registered office is located at 332 rue Lecourbe, 75015 Paris, registered with the Paris Trade and Companies Register under number 87917117100017, intra-community VAT number FR08879171171, operating the establishment JOST Bordeaux, hereinafter referred to as the “Establishment” or “JOST Bordeaux”.

1. Preamble

The customer declares, prior to ordering services, that the reservation of these services is made for personal use.
As a consumer, the customer has specific rights, which would be affected if the reserved services were used for purposes falling within the scope of their commercial, industrial, craft, professional or agricultural activity.
All information accessible on the website and any mobile services enabling the reservation of services is presented in French and, depending on the medium, in other languages.
The customer declares that they have full legal capacity to be bound by these general terms and conditions.
The customer’s agreement to these General Terms and Conditions of Sale and the conditions of the reserved rate takes effect at the time of reservation. No reservation can be made without this agreement.
The customer may save and print these General Terms and Conditions of Sale using the standard features of their browser or computer.

2. Booking platform and services

The Establishment markets its services through the JOST website, any mobile services, and where applicable, through distribution partners.
The website and mobile services enable in particular the reservation of rooms as well as additional services offered by the Establishment.
Certain services may also be offered through third-party partners. In such cases, the applicable conditions may fall entirely or partly under the relevant partner, which the customer acknowledges and accepts.
The customer declares that they have obtained all necessary information available on the website, mobile services or the reservation channels used.
Any reservation implies full and unreserved consultation and acceptance of these General Terms and Conditions of Sale as well as the conditions of the reserved rate.
The essential characteristics of the accommodation offered, prices and availability dates are presented on the establishment page and during the reservation process.

3. Definitions

For the purposes of these terms:

“booking confirmation email”: electronic message summarising the reservation made by the customer and confirming its receipt by the Establishment or its reservation system.

“conditions of the reserved rate”: specific conditions applicable to each reservation, in particular regarding payment, modification, cancellation and refund.

“reservation confirmation”: dematerialised document summarising the characteristics of the reserved services and contractually binding the customer.

“customer”: natural person acting for purposes outside the scope of their professional activity.

“reservation request”: request made by the customer via the website, mobile services or an authorised partner.

“partners”: third-party service providers or distributors enabling the marketing of the Establishment’s services.

“online reservation”: reservation made via a dematerialised form or reservation system.

“service”: accommodation service or additional service marketed by the Establishment.

“mobile services”: digital services accessible from a mobile device enabling the consultation and, where applicable, the reservation of services.

“website”: electronic service enabling the presentation and reservation of the Establishment’s services.

4. Purpose

These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of the remote reservation of services offered by the Establishment.
They govern all steps necessary for the reservation and monitoring of the reservation between the contracting parties.
The customer acknowledges having read and accepted these General Terms and Conditions of Sale as well as the conditions of the reserved rate accessible at the time of reservation.
These General Terms and Conditions of Sale also incorporate the rules applicable to the protection of personal data.

5. Scope of application

These General Terms and Conditions of Sale apply to all reservations made via the website, mobile services or any marketing channel authorised by the Establishment.

6. Duration

These General Terms and Conditions of Sale apply for the entire duration during which the Establishment’s services are available online.
The Establishment reserves the right, without notice, to temporarily or permanently close access to its website, mobile services or online reservation system.

7. Enforceability of the general terms and conditions

The version of the General Terms and Conditions of Sale enforceable against the customer is the version in force at the time of reservation.

8. Reservation

The customer selects services presented on the website, mobile services or through the Establishment’s partners.
The customer acknowledges having been informed of the nature, purpose and terms of reservation of the available services and having obtained the necessary information to make their reservation with full knowledge of the facts.
The customer is solely responsible for their choice of services and their suitability for their needs. The Establishment’s liability may not be sought in this regard.
The reservation is deemed accepted by the customer upon completion of the reservation process.
Group reservations, meetings, seminars, privatisations or events may be subject to separate specific conditions.

9. Reservation process

Reservations made by the customer are completed via a dematerialised form or online reservation system.
The reservation is deemed formed upon receipt of the reservation request by the Establishment or upon online prepayment by credit card, depending on the reserved rate.
The customer undertakes, prior to any reservation, to complete the information requested.
The customer certifies the accuracy and truthfulness of the information provided.
The reservation process includes in particular the following steps:
1. searching for the establishment, selecting the room and rate;
2. optional selection of additional services;
3. verification of the reservation details, total price and applicable conditions;
4. entry of the customer’s contact details;
5. entry of credit card details for guarantee or prepayment purposes;
6. consultation and acceptance of these General Terms and Conditions of Sale and the conditions of the reserved rate;
7. confirmation of the reservation by the customer.

10. Booking acknowledgement

Every reservation gives rise to the immediate sending of an email to the address provided by the customer.
This acknowledgement sets out in particular the reserved services, prices, conditions of sale applicable to the selected rate, the date of reservation and useful information for after-sales service and the handling of complaints.

11. Customer service

For any complaint relating to a hotel reservation, the customer may contact the Establishment using the contact details provided on the website, the reservation confirmation or the hotel listing.

12. Cancellation or modification by the customer

In accordance with article L.221-28 of the French Consumer Code, the customer does not have the right of withdrawal provided for in article L.221-18 of the same code for accommodation services provided on a specific date or at a specific frequency.
The conditions of the reserved rate specify the cancellation and/or modification terms applicable to the reservation.
Prepaid reservations may not be modified or cancelled unless expressly stated otherwise. Amounts paid in advance are non-refundable where the rate conditions so provide.
Where the rate conditions permit:
- cancellation may be made via the reservation channel used;
- modification may be made directly with the Establishment or in accordance with the terms set out in the reservation confirmation.
In the event of early departure by the customer, the full agreed price may remain due in accordance with the conditions applicable to the reserved rate.
Unless otherwise stated, the customer must vacate their room before the check-out time indicated by the Establishment on the last day of the reservation. Failing this, an additional night may be charged.
All reservations are personal and may not be transferred to a third party without the prior express agreement of the Establishment.

13. Stay at the hotel

In accordance with applicable regulations, the customer may be asked upon arrival to present a valid identity document and, where applicable, to complete a registration form.
Certain animals may be admitted, subject to the Establishment’s own rules and provided they are kept on a lead or carried in a suitable container in common areas. For hygiene reasons, they are not permitted in dining areas, unless otherwise provided by law.
The customer undertakes to use the rented premises, room and equipment made available in a peaceful, careful and appropriate manner.
Any behaviour contrary to public decency, public order, safety, hygiene or the proper functioning of the Establishment may lead the Establishment to ask the customer to leave the premises without compensation or refund.
The Establishment may have internal regulations. The customer undertakes to comply with these throughout their stay.
Where WIFI access is provided, the customer undertakes not to use the IT resources made available for unlawful or fraudulent purposes or in a manner that infringes the rights of third parties.

14. Warranties

The customer benefits, where applicable, from the legal and contractual warranties applicable to the reserved services.

15. Liability

15.1 General provisions

Photographs, visuals, descriptions and representations appearing on the website, mobile services or partner materials are for indicative purposes only. Despite the care taken in their presentation, variations may occur, in particular due to renovations, layout changes, event programming or changes in furnishings.
The Establishment shall not be held liable for the non-performance or improper performance of the reservation in cases of force majeure, third-party action, customer fault, unavailability of the internet network, inability to access the site, external intrusion, computer viruses or an unauthorised prepayment by the cardholder’s bank.
Hypertext links may redirect to other websites. The Establishment accepts no liability for the content of those sites or the services offered thereon.
Any irregular, inoperative, incomplete or fraudulent reservation or payment attributable to the customer may result in the cancellation of the order at the customer’s expense, without prejudice to any civil or criminal action.

15.2 Partner services

Partners remain responsible for the content, offers and services published on their own websites, mobile services or tools.

16. Complaints

Complaints relating to the non-performance or improper performance of services must, to facilitate their handling, be brought to the attention of the Establishment in writing within a reasonable time following the departure date, directly with the hotel or its customer service.
In the event of a dispute, the customer should contact the operating company of the establishment where they stayed.

17. Prices

The prices applicable to the reservation of services are indicated before and during the reservation.
Prices are per room or per service, for the number of persons and the date selected.
Prices are confirmed to the customer as all-inclusive amounts in the Establishment’s trading currency and are only valid for the period indicated at the time of reservation.
If payment at the hotel is made in a currency other than that confirmed on the reservation, exchange costs remain the customer’s responsibility.
All reservations, regardless of their origin, are payable in the local currency of the Establishment, unless otherwise stated.
Unless otherwise indicated, additional services such as breakfast, dining, events, half-board or other supplementary services are not included in the price.
The tourist tax, where applicable, is to be paid directly on site, unless otherwise stated in the conditions of the reserved rate.
Prices take into account the VAT rate applicable on the date of the order. Any change in the VAT rate or creation of a legal or regulatory tax will automatically be reflected in prices at the date of invoicing.
The total amount of the order is indicated upon confirmation of the reservation.
Certain promotional offers are available exclusively online and not at the hotel reception.

18. Payment

The customer provides their bank details as a guarantee for the reservation, except for special conditions or rates, via a secure payment environment.
Online payments are processed via Mews. On-site payments may be made via the Establishment’s payment terminals, subject to the payment methods accepted on site.
The credit card used must be valid at the time of the stay. The Establishment may ask the customer to present the credit card used for the guarantee or prepayment as well as a valid identity document for fraud prevention purposes.
Payment is made either during the stay or at the time of reservation in the case of prepayment, in accordance with the conditions of the reserved rate.
For non-prepaid rates, the Establishment may request a security deposit or a debit authorisation upon arrival in order to guarantee payment for services consumed on site.
In the event of a no-show, that is a reservation that was not cancelled followed by the customer’s failure to appear, the Establishment may charge as a fixed penalty the amount of the first night to the credit card provided as guarantee, unless stricter specific provisions are set out in the reserved rate.
In the event of a bank refusal, the customer should contact their bank and, where applicable, the Establishment in order to confirm their reservation and payment method.
At the time of prepayment, the amount charged includes the price of accommodation, accommodation-related taxes and, where applicable, the price of any additional services selected and their related taxes.
Certain establishments may issue invoices or bills electronically.

19. Retention – Archiving

The Establishment ensures, where required by regulation, the retention of the written record of the conclusion of the contract for the applicable legal duration and guarantees the customer’s access thereto under the conditions provided by law.
Contractual documents may be retained in electronic or paper format.

20. Privacy and personal data protection

The Establishment processes personal data necessary for the management of reservations, stays, payments, complaints and customer relations.
The customer is informed, on each data collection form, of whether responses are mandatory or optional.
If mandatory information is not provided, the Establishment may be unable to record the reservation or provide certain services.
The information collected is intended for the Establishment, its service providers, its technical partners and, where applicable, its payment service providers.
Personal data is processed in accordance with applicable regulations, in particular the GDPR, as well as the current privacy policy.
The customer has the right to access, rectify, erase, restrict, object to and, where applicable, port their data, under the conditions provided by law.
Any request relating to personal data may be sent to: [email protected].

21. Proof agreement

The entry of required bank details and the electronic acceptance of these General Terms and Conditions of Sale, the conditions of the reserved rate and the reservation form have the same value between the parties as a handwritten signature.
Computerised records kept in the systems of the Establishment or its service providers will be retained under reasonable security conditions and considered as proof of the communications, orders and payments between the parties.
The customer is informed that their IP address may be recorded at the time of reservation.

22. Relocation

In the event of an exceptional occurrence, unavailability of the reserved room or force majeure, the Establishment reserves the right to accommodate the customer wholly or partially in an establishment of equivalent category or offering comparable services. Any additional room cost as well as reasonable transport costs between the two establishments shall remain the responsibility of the originally reserved Establishment.

23. Force majeure

Force majeure means any event external to the parties, unforeseeable, irresistible and beyond their control, preventing the performance of all or part of the obligations set out in the contract.
Neither party may be held liable to the other in the event of non-performance resulting from a force majeure event. The performance of obligations shall be suspended for the duration of such event.

24. Dispute resolution

The customer is informed of the possibility of recourse, in the event of a dispute relating to these General Terms and Conditions of Sale, to a conventional mediation procedure or any other alternative dispute resolution method, under the conditions provided by the French Consumer Code.
After having contacted the Establishment to attempt to resolve the dispute amicably, and in the event of a negative response or no response within a reasonable time, the consumer customer may contact the MTV Mediation Tourisme Voyage mediator, in accordance with the procedures and contact details in force at the time of referral.
The customer is also informed of the existence of the European online dispute resolution platform, under the conditions provided by applicable regulations.

25. Applicable law

These General Terms and Conditions of Sale are governed by French law, without prejudice to any mandatory protective provisions that may be applicable in the consumer’s country of residence.

26. Entirety

These General Terms and Conditions of Sale, the conditions of the reserved rate and the reservation form or request express the entirety of the parties’ obligations.
No general or specific conditions communicated by the customer may be incorporated into these General Terms and Conditions of Sale.
The contractual documents applicable between the parties are, in descending order of priority: the reservation form or request, the specific conditions of the reserved rate, and then these General Terms and Conditions of Sale.
In the event of a conflict between the reservation form and these General Terms and Conditions, the provisions set out in the reservation form shall prevail for the obligation concerned.

27. Severability

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or final decision by a competent court, the remaining provisions shall retain their full force and effect.

28. Language

The language of authority is French.
If these General Terms and Conditions of Sale are translated, the French version shall prevail in the event of any dispute, disagreement, difficulty of interpretation or performance.

29. Updates to the online terms and conditions of sale

These General Terms and Conditions of Sale may be modified and/or supplemented at any time by the Establishment. The new version will be published online and will apply from the date of publication for any new reservation. Previous reservations remain subject to the version accepted at the time of reservation.

The customer is also invited to consult the additional conditions linked to each rate, room type, service type or promotional offer.