DEFINITIONS AND INTERPRETATIONS

Capitalized terms used herein without prior definition shall have the meanings set forth below:
“Customer” means a natural person of legal age, acting for his or her own personal needs and having full legal capacity to enter into commitments hereunder.

“Conditions of sale of the reserved rate” refers to the specific conditions of each reservation made by the Customer.
“Reservation Confirmation” means the document summarizing the details of the reservation made by the Customer, sent by the website or the Hotel to the Customer.
“Reservation Request” refers to any request made by the Customer to reserve a hotel room.

“Hotel” refers to the Hotel Face à la mer ***, a South African company, operated by SAS HOTEL FACE A LA MER, registered with the South African Trade and Companies Registry under South Africa number 572 021 988; VAT number ZA1286868769 with share capital of € 47606.00 and registered office at 2001 Johannesburg; telephone number +27 11 123 456.

Partners” refers to all service providers who have entered into a service contract or partnership agreement with the Hotel.
“Service” refers to any hotel room reservation service provided by the Customer on the Hotel’s website.
“Hotel website” refers to the website dedicated to the Hotel, accessible at https://www.hotel.com/.

 

ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of hotel room reservation services and related services (‘Hotel and Services’) offered by the Hotel (‘the Provider’ or ‘the Hotel’) to consumers and non-professional customers (‘the Customers’ or ‘the Customer’) on the Hotel’s website.
The main features of the Services are presented on the Hotel’s website.
It is the Customer’s responsibility to familiarize himself/herself with them before making a reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares :

• Have full legal capacity to enter into commitments under these General Terms and Conditions of Sale.
• Book hotel rooms and ancillary services for personal use.
• Be able to save and print these Terms and Conditions.

The contact details of the Hotel are as follows:

Hotel Face à la mer 

Plage d’Ushaka

2001 South Africa

These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to other sales channels for the Services.
The Customer is hereby informed that the Hotel has entered into partnership agreements with third-party travel service providers in order to enable the Customer to search for, select and reserve rooms in the Hotel by using the services offered by these partners on their websites. Any reservation of hotel rooms made under these conditions implies the Customer’s full and unreserved consultation and acceptance of the service provider’s special terms and conditions, the terms and conditions of sale of the rate reserved and these general terms and conditions of sale. The Customer declares that he/she has obtained all necessary information from the Hotel, which is available on the website.

The present General Terms and Conditions of Sale are accessible at all times on the Hotel’s website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Customer. Thus, the entry of bank details, acceptance of the General Terms and Conditions of Sale, the Tariff Terms and Conditions of Sale or the Reservation Request, between the Hotel and the Customer has the same value as a handwritten signature on paper. The computerized records stored in the Hotel’s computer systems shall be kept under reasonable security conditions and shall be considered as proof of communication, orders and payments between the Hotel and the Customer.

The Customer declares that he/she has read these General Terms and Conditions of Sale (including the Personal Data Charter) and has accepted them by ticking the appropriate box before proceeding with the online reservation procedure, as well as the General Terms and Conditions of Use of the Hotel’s website.
Validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges that he/she has the capacity required to contract and purchase the Services offered on the Hotel’s website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website at the date of the reservation.
These General Terms and Conditions of Sale are applicable while the services offered by the Hotel are online on the Hotel’s website. The Hotel reserves the right to temporarily or permanently close access to its website.

ARTICLE 2 – Reservations
The customer selects the services he wishes to reserve on the website, as follows:
1. Selection of room type and rate
2. Verification and validation of reservation details, total amount of the reservation, rate conditions, etc.
3. Enter your contact details
4. Enter credit card details in case of guarantee or prepayment.
5. Consultation and acceptance of the general terms and conditions of sale and the conditions of the selected fare before validating the booking.

6. Booking confirmation

The Customer acknowledges that he/she is aware of the nature, purpose and reservation terms of the Services offered by the Hotel, and that he/she has requested and obtained the information necessary to make a reservation with full knowledge of the facts. The Customer is solely responsible for his or her choice of services and their suitability for his or her needs, and the Hotel cannot be held liable in this respect.
The Customer undertakes to complete the information requested on the reservation request and attests to the truthfulness and accuracy of the information provided.
Contractual information is presented in French and is confirmed at the latest when the reservation is validated by the Customer.

The sale of Services shall be deemed final only after the Provider has sent the Customer confirmation of acceptance of the reservation by e-mail and after the Hotel has verified the Customer’s credit card provided as a guarantee or the Hotel has received payment in full, in accordance with the terms of the rate booked by the Customer.
Any reservation made on the Hotel’s website constitutes the formation of a distance contract between the Customer and the Supplier.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute over payment of a previous reservation.
Each reservation is nominative and may under no circumstances be transferred to a third party.
Cancellation of a reservation at the Flexible rate:
In the event of cancellation of the reservation at the Flexible rate by the Customer after its acceptance by the Hotel less than 48 hours before the planned date of stay, for whatever reason, a sum corresponding to the total amount of the 1st night’s stay will be automatically acquired by the Hotel and invoiced to the Customer, by way of damages, in compensation for the prejudice suffered.

Cancellation / Modification of a reservation at the Non-Cancellable Non-Refundable rate:
In the event of cancellation or modification of the reservation at the Non-Cancellable Non-Refundable rate by the Customer, for any reason whatsoever, a sum corresponding to 100% of the total prepaid amount will be automatically acquired by the Hotel and invoiced to the Customer. The same shall apply in the event of the Customer’s failure to arrive on the scheduled arrival date.

ARTICLE 3 – RATES
The Services offered by the Provider are provided at the rates in force on the Hotel’s website at the time the reservation is recorded by the Provider. Prices are expressed in dollars, excluding VAT and including VAT.

Rates take into account any discounts granted by the Provider under the conditions specified on the Hotel’s website.
These rates are firm and non-revisable during their period of validity, as indicated on the Hotel’s website, the Provider reserving the right, outside this period of validity, to modify prices at any time.

Rates are quoted before and at the time of booking. They are per room for the number of people and the date selected.
Rates are confirmed to the Customer in the Hotel’s commercial currency and include VAT (excluding tourist tax). They include VAT at the rate applicable on the day of booking; any change in the applicable VAT rate will automatically be reflected in the rates indicated on the invoice date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.

Rates do not include tourist tax, which can be paid directly to the hotel.
The Customer undertakes to pay these various taxes to the Hotel without any dispute.
Any payment requested from the Customer at the time of booking corresponds to the total amount of the purchase, with the exception of this Tax.
Unless otherwise stated on the Site, ancillary services (breakfast, etc.) are not included in the price.
Conversion into foreign currency is given for information only and is non-contractual. If a rate involves payment directly to the Hotel on the Customer’s arrival or departure, and the Customer’s currency is not the same as that of the Hotel, the rate debited by the Hotel may be different from that communicated at the time of reservation, taking into account changes in the exchange rate between the date of reservation and the date of payment.
An invoice is drawn up by the Hotel and given to the Customer on departure.

ARTICLE 4 – PAYMENT TERMS
In the event of cash payment on the day of booking (Non-Cancellable Non-Refundable Tariff):
The price is payable in cash, in full, on the day the reservation is confirmed by the Customer, in accordance with the terms specified in the “Reservations” article above, by secure payment:
– by bank cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).
At the time of booking, the customer provides his/her bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end date of the stay) and the cryptogram.
Payment data is exchanged in encrypted mode using SSL protocol.
The customer must present the credit card used to pay for the reservation at the hotel. The Customer may be asked to show proof of identity in order to prevent credit card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in accordance with the above conditions.

Payments made by the Customer are considered final once the amounts due have been received by the Hotel.
In the event of cash payment on provision of services (Flexible Rate):
The price is payable in cash, in full, on the day of provision of the Services booked under the conditions defined in the article “Provision of Services” below and as indicated on the invoice given to the Customer, by secure payment:
– by bank cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).
Payment data is exchanged in encrypted mode using SSL protocol.

One week before the Customer’s arrival date, the Hotel will pre-authorize the amount of the first night booked on the credit card provided by the Customer at the time of booking, and may ask the Customer, upon arrival, to pay a security deposit or authorize the debiting of his/her bank card, in order to guarantee payment of the sums corresponding to the services consumed on site.
In this case, the Customer must provide his/her bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end date of the stay) and the cryptogram.
The Customer may be asked to show proof of identity as part of procedures to prevent credit card fraud.
The Hotel shall not be obliged to provide the Services ordered by the Customer unless the price has first been paid in full in accordance with the above conditions.
Payments made by the Customer shall not be considered final until the Hotel has received the amounts due.

ARTICLE 5 – Provision of Services
The Services reserved by the Customer, which include hotel room reservations and any ancillary services, will be provided in accordance with the following terms and conditions, under the conditions set out in these General Terms and Conditions of Sale, supplemented by the Tariff Terms and Conditions of Sale, which the Customer has read and accepted when booking on the Hotel’s website.
On arrival, the Customer will be asked to show proof of identity to ensure that he/she is required to complete a Police Form.
The Hotel is an entirely non-smoking area. The customer will be held responsible for any direct and/or indirect, consequential damage resulting from smoking in the Hotel. They will therefore be liable for the full cost of cleaning and restoring the damaged item or area to its original state.
Animals are not accepted, in accordance with the Hotel’s current policy.
The Customer is solely responsible for any personal belongings left in the Hotel room, particularly outside the safe or in the public areas of the Hotel. The Hotel may not be held responsible for the loss, theft, deterioration or damage caused to said effects.
The customer accepts and undertakes to use the room responsibly. Any behavior contrary to public morality and order will lead the Hotel to ask the Customer to leave the room.

and legal fees incurred by the Hotel.
Free WIFI access enabling customers to connect to the Internet is provided in accordance with the Hotel’s current policy. The customer undertakes to ensure that the computer resources made available by the Hotel will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorization is required. Should the customer fail to comply with the aforementioned obligations, he or she runs the risk of being accused of counterfeiting (article L.335-3 of the French Intellectual Property Code), punishable by a fine of $300,000 and three years’ imprisonment. The customer is also required to comply with the security policy of the hotel’s Internet service provider, including the rules governing the use of security measures implemented to prevent the unlawful use of IT resources, and to refrain from any action that might undermine the effectiveness of these measures.

computer resources and to refrain from any action that might impair the efficiency of these resources.
Unless expressly agreed otherwise, the room will be made available to the Customer on the day of arrival at 2 pm and the Customer will leave the room on the day of departure at 11 am. Failing this, an additional night will be charged to the Customer. Customers must check their departure date. In the event of early departure, a fee equivalent to one night’s accommodation will be charged, unless the Customer has notified the Hotel at least 24 hours prior to departure.
The Hotel undertakes to use its best efforts to provide the Services reserved by the Customer, on a best-efforts basis.
The Customer shall have a period of 8 days from the date of departure from the Hotel in which to express any reservations or complaints concerning the provision of the Services in writing to the Hotel, together with all relevant supporting documents.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.

ARTICLE 6 – RIGHT OF WITHDRAWAL
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 French Consumer Code, given the nature of the services provided.
The contract is therefore definitively concluded as soon as the reservation is made by the Customer in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.

ARTICLE 7 – Liability of the Service Provider – Guarantee
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect arising from a failure to perform the Services reserved and actually paid for under the conditions and according to the terms defined in these General Terms and Conditions of Sale.
The Services provided via the Hotel’s website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for choosing the Services requested, to check.