Terms and conditions of sale
IMPORTANT: Please read these General Terms and Conditions carefully: they set out the terms and conditions of sale that the Customer accepts upon ordering the Services. These general terms and conditions are enforceable in the same manner as any other signed written contract. If the Customer disagrees with the terms of these General Terms and Conditions, they are not authorized to make a Booking.
Between the undersigned:
The company SOCIETE TOURISME HOSPITALET, a general partnership (société en nom collectif) registered in the Trade and Companies Register under number 382 441 897 00016, with its registered office located at Route de Narbonne – BP 20409 – 11100 NARBONNE, and with VAT number FR 03 382 441 897.
Hereinafter referred to as "CHÂTEAU L’HOSPITALET",
On the one hand,
And
Any natural person wishing to book a room on the website www.chateau-hospitalet.com
Hereinafter referred to as the “Client”,
On the other hand,
It has been set forth and agreed as follows:
Article 1. DEFINITIONS
Client: refers to any natural person browsing and/or wishing to make a Booking on the Site.
General Terms and Conditions: refers to these general terms and conditions of booking.
Contract: refers to these General Terms and Conditions as well as any document appended thereto.
Accommodation: refers to the rooms or suites that CHÂTEAU L’HOSPITALET presents and offers for Booking on the Website.
CHÂTEAU L’HOSPITALET, a general partnership (société en nom collectif) registered in the Trade and Companies Register under number 382 441 8977 00016, whose registered office is located at Route de Narbonne – BP 20409 – 11100 NARBONNE, with VAT number FR 03 382 441 897
Internet refers to various server networks located in multiple places around the world, linked together via communication networks, and communicating by means of a specific protocol known as TCP/IP.
Booking: refers to the reservation of a Service by the Customer on the Website.
Website: refers to the infrastructure developed by CHÂTEAU L’HOSPITALET according to standard Internet formats comprising data of various kinds, notably text, sound, still or moving images, videos, and databases, intended to be consulted by the Customer to learn about and book the Services. The Website is accessible at the following address: www.chateau-hospitalet.com
Services: refers to any service presented and offered for Booking by CHÂTEAU L’HOSPITALET on the site, including Accommodation, breakfast, catering, or Spa services, where applicable.
Guest: refers to the Customer as well as any person on whose behalf the Customer has entered into the Contract and who will use the Services under the conditions set out below. The Customer stands surety for compliance with the provisions of these General Terms and Conditions by the Guest.
Article 2. PURPOSE
CHÂTEAU L’HOSPITALET operates a hotel business for which it offers Services for Booking on the Website.
These General Terms and Conditions define the terms under which CHÂTEAU L’HOSPITALET allows its Customers to Book Services on the Website.
The Customer and CHÂTEAU L’HOSPITALET agree that their relations, as well as access to and use of the Website, shall be governed exclusively by:
These General Terms and Conditions define the rights and obligations of the parties in the context of Booking and the use of the Site.
They are made available to the Client on the Site, where they can be consulted directly.
Using the Website and making a Booking imply:
Each Client agrees to respect the purpose of the Site and to refrain from using it in any manner intended to divert it from its objective of presenting Services and facilitating Bookings.
CHÂTEAU L’HOSPITALET reserves the right to amend its General Terms and Conditions at any time.
In the event of modifications, the applicable General Terms and Conditions are those in force on the date of the Booking by the Customer, a dated copy of which can be provided upon request by CHÂTEAU L’HOSPITALET.
The failure of CHÂTEAU L’HOSPITALET to claim the application of any clause of these General Terms and Conditions or to acquiesce to its non-performance, whether permanently or temporarily, cannot be construed as a waiver by CHÂTEAU L’HOSPITALET of the rights deriving from said clause.
These General Terms and Conditions were updated on 31 April 2021. This edition cancels and replaces previous versions.
Article 3. RULES AND POLICIES OF CHÂTEAU L’HOSPITALET
3.1 Accommodation Categories
CHÂTEAU L’HOSPITALET offers six (6) Accommodation categories for Booking:
– The Hospitalet Superior Room;
– The Hospitalet Junior Suite;
– The Hospitalet Suite;
– The Soleilla Suite;
– The Soleilla Superior Suite;
– The Soleilla Estate Suite;
The detailed characteristics specific to each Accommodation category are presented on the Website
Pets under ten (10) kilograms are admitted in Prestige Accommodations and all suites. A surcharge of thirty (30) euros per day per pet will be charged.
3.2 Breakfast
Each Booking includes breakfast, the price of which is included in the Accommodation rate, unless specified otherwise.
3.3 Check-in and check-out
The Guest may access the Room from 3:00 pm on the day of arrival specified in the Booking confirmation, until 12:00 pm (noon) on the day of departure also specified in the Booking confirmation, unless agreed otherwise by CHÂTEAU L’HOSPITALET. Exceeding the check-out time of the room or suite by the customer will require them to pay for an additional night.
Upon check-in, the Customer will be required to present an identity document as well as the bank card with which the deposit was paid.
3.4 Availability
Accommodations are offered for Booking by CHÂTEAU L’HOSPITALET on the Site subject to availability on the dates selected by the Client.
In the event that an Accommodation category is unavailable after validation of the Booking, CHÂTEAU L’HOSPITALET will inform the Customer by email as soon as possible.
The Booking may then, according to their wishes, be cancelled or modified by the Customer if Accommodation of another category is available.
Article 4. BOOKING
Booking an Accommodation can be made at the reception of Château l'Hospitalet, on the Site, by email, or by telephone.
4.1 Online Booking
4.1.1 Choice of Accommodation
To make a Booking on the Website, the Customer must first pre-select the Accommodation category they wish to book.
The Customer will then be redirected to the partner platform of CHÂTEAU L’HOSPITALET enabling online Booking (Bookassist).
The Customer must then indicate the dates of the stay for which they wish to book the Accommodation. The Customer will then have the choice to confirm the pre-selected Accommodation category if it is indeed available on the desired dates, or modify the said Accommodation category, subject to availability at CHÂTEAU L’HOSPITALET and the displayed nightly rate.
The Client will then have access to a summary of the characteristics of the Accommodation and the Services included in the displayed rate (for example, breakfast, minibar access, etc.).
The Client must then choose their preferred booking option, noting that depending on the option chosen and the resulting price, the Services attached to the Booking will vary (Meals, Valet service, Bouquet of flowers, Wine purchases, etc.). The various Services included with each option are specified at the time of selection.
The Customer must then click on "Book Now".
The Client will then have access to a summary of their Booking, including the Accommodation category, the chosen booking method, the dates of the stay, the number of Guests, and the rate.
The Customer must confirm their Booking by clicking on "Proceed to payment".
4.1.2 Provision of information
Once the Accommodation category is selected, the Customer must provide their contact details, notably their surname, first name, email address, telephone number, and nationality.
All information concerning the Customer is intended for CHÂTEAU L’HOSPITALET in order to register the Customer’s Booking. The information provided is processed and stored by CHÂTEAU L’HOSPITALET in accordance with the Privacy Policy.
Mandatory information includes the Customer's surname and email address. Any other information is provided voluntarily and optionally by the Customer.
4.1.3 Payment
To complete their Booking, the Client must then pay a deposit by credit or debit card (Mastercard, Visa, or American Express) corresponding to the price of one night of the reservation, or the total amount of the booking in the case of a special offer. The Client warrants that they are fully authorised to use the chosen payment method.
For bookings made sixty (60) days or more before arrival, a deposit for the total amount of the Booking is required.
The Booking becomes definitive and confirmed only upon express acceptance by CHÂTEAU L’HOSPITALET and receipt of the deposit.
Once the Booking is validated and payment is made, the Customer will receive a confirmation of their Booking by email at the provided address, summarising:
4.2 Booking by email
Bookings by email should be made at the following address:
reception.hotel@gerard-bertrand.com
The same information as for the online Accommodation Booking will then be requested from the Customer, namely the desired Accommodation category, the number of Guests accompanying the Customer, and the dates of their stay.
The Customer will then receive a Booking summary by email detailing the elements relating to the Booking, and notably:
This summary will be accompanied by the General Terms and Conditions.
The Client must verify the content of this summary as soon as possible and immediately notify CHÂTEAU L’HOSPITALET of any errors or omissions.
The Client must confirm this summary to CHÂTEAU L’HOSPITALET by return email. This email shall constitute confirmation of the Booking by the Client and acceptance of the General Terms and Conditions. The Client must then provide their banking details to allow CHÂTEAU L’HOSPITALET to process the deposit.
The Booking becomes definitive and confirmed only upon express acceptance by CHÂTEAU L’HOSPITALET and receipt of the deposit.
Once the Booking is confirmed by CHÂTEAU L’HOSPITALET and payment is made, the Customer will receive a Booking confirmation by email at the provided address, summarising the details of the Booking.
4.3 Booking by telephone
The Customer may make a Booking by telephone at the following number: +33 (0)4 68 45 28 50 (operator charges apply).
In this case, the same information as for online Accommodation Bookings will be requested from the Customer. Although this order cannot be treated as telephone canvassing governed by the provisions of Article L221-6 of the French Consumer Code, given that the Customer acknowledges and agrees to having initiated the booking, CHÂTEAU L’HOSPITALET will send written confirmation of the offer made to the Customer. In this regard, the Customer acknowledges and agrees that in order to place an order by telephone, they must possess a valid email address to which the contractual documents will be sent.
The Customer shall inform CHÂTEAU L’HOSPITALET by telephone of the Accommodation category they wish to book, the number of Guests accompanying the Customer, and the dates of their stay. At the end of the Booking, CHÂTEAU L’HOSPITALET will summarise the elements concerning their Booking to the Customer, and notably the chosen Accommodation category, the number of Guests, and the dates of the stay.
The Customer shall also indicate the payment method used.
The Customer will subsequently receive a summary by email detailing the elements relating to the Booking, and notably:
This summary will be accompanied by the General Terms and Conditions.
The Client must verify the content of this summary as soon as possible and immediately notify CHÂTEAU L’HOSPITALET of any errors or omissions.
If the Customer validates this summary, they will confirm it to CHÂTEAU L’HOSPITALET by return email. This email shall constitute validation of the Booking by the Customer and acceptance of the General Terms and Conditions. They will provide their banking details to allow CHÂTEAU L’HOSPITALET to charge a deposit.
The Booking becomes definitive and confirmed only upon express acceptance by CHÂTEAU L’HOSPITALET and receipt of the deposit.
Once the Booking is validated and payment is made, the Customer will receive a Booking confirmation by email at the provided address, summarising the details of the Booking.
Article 5. PRICES AND PAYMENT TERMS
5.1 Price
The price of the Booking is the prevailing rate indicated in the Booking summary accessible prior to the confirmation of the Booking.
The price is set by CHÂTEAU L’HOSPITALET at its sole discretion and may be subject to changes and variations over time, particularly depending on booking periods.
The price is inclusive of all taxes (VAT and other applicable taxes on the date of the Booking, excluding the tourist tax) and applies per Accommodation for the number of Guest(s), according to the chosen booking method and selected dates. The tourist tax must be paid directly on site to CHÂTEAU L’HOSPITALET upon check-out.
From 1st January 2024, the tourist tax will be €4.32 per person per night.
The price includes:
– The Accommodation concerned;
– Buffet breakfast served in the restaurant;
– Non-alcoholic beverages from the minibar are not complimentary (except for water);
– Valet parking service is not always complimentary;
– Wi-Fi.
All Bookings are payable in euros.
Any change in the applicable VAT rate, exchange rate, or any other statutory or regulatory taxes imposed by the competent authorities may be reflected in the price of the Accommodation offered for Booking on the Website.
In the event of an additional guest, the following price supplement will apply:
– Child under 3 years old: complimentary
– Child between 3 and 9 years old: forty (40) euros
– Child aged 10 and over, and adult: eighty-five (85) euros
5.2 Payment
The Client must pay a deposit by payment card (Cartes Bancaires, Mastercard, Visa, American Express, Apple Pay, Bancontact, EPS, giropay, iDEAL, Przelewy24, SEPA, Sofort) upon Booking, corresponding to the price of one night of the Booking or the total amount of the booking if it is a special offer.
For bookings made sixty (60) days or more before arrival, a deposit for the total amount of the Booking is required.
For online Bookings, CHÂTEAU L’HOSPITALET has selected Stripe to ensure secure online bank card payments.
The online provision of the credit card number and/or the validation of the Booking and its payment shall constitute full proof of the said Booking in accordance with the provisions of Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies and relating to electronic signatures, and shall render the sums committed for the Booking payable.
This validation constitutes signature and express acceptance of all transactions carried out with CHÂTEAU L’HOSPITALET, and in particular the Booking.
However, in the event of fraudulent use of their bank card, the Customer is invited, as soon as this use is noticed, to contact the customer service of CHÂTEAU L’HOSPITALET by email at the following address: reception.hotel@gerard-bertrand.com
It is expressly agreed that, except in the case of manifest error by CHÂTEAU L’HOSPITALET, the data retained in the computer systems of CHÂTEAU L’HOSPITALET under reasonable security conditions shall constitute probative evidence regarding Bookings made by the Customer.
Data on IT or electronic media constitute valid evidence and, as such, are admissible under the same conditions and with the same evidential value as any document drawn up, received, or kept in writing.
CHÂTEAU L’HOSPITALET reserves the right to refuse any Bookings if they appear abnormally high and/or if the Client fails to comply with these General Terms and Conditions of Sale.
The balance of the Booking is paid directly to CHÂTEAU L’HOSPITALET at check-out. On site, payment may be made by cheque or bank card. CHÂTEAU L’HOSPITALET may request an identity document for fraud prevention purposes.
The Customer warrants that they are fully authorized to use the bank card or chequebook used and that they have sufficient funds to cover the costs of the order. Under no circumstances may CHÂTEAU L’HOSPITALET be held liable for fraudulent use of the Customer’s bank card, chequebook, or bank account.
Any bank charges that may arise from credit card payments remain the responsibility of the Client. These charges correspond to any fees levied exclusively by the Client's banking institution as a result of using their bank card.
Article 6. CANCELLATION OF THE BOOKING
The Customer is informed that, pursuant to Article L 221-28 12° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts providing "accommodation services [...] that must be provided on a specific date or during a specific period". Consequently, the Customer does not benefit from the statutory right of withdrawal provided by the French Consumer Code with respect to the Booking of Accommodation.
Free of charge up to 48 hours before the arrival date in low & mid-season and up to 7 days in high season (from June to September inclusive). Beyond this period, the total amount of the stay will be charged. The Customer is invited to refer to the Booking confirmation, which details the specific cancellation conditions applicable to the Booking made. In this context, all or part of the Booking price may be refunded.
Any refund of the Booking, if applicable, will be made using the same payment method used by the Customer during the initial transaction within a period of 10 days.
The Customer acknowledges that only the cancellation terms stated in the Booking confirmation are enforceable against them, to the exclusion of any other condition.
Article 7. ACCESS TO THE WEBSITE
Access to the Website is free and open to any Customer with an Internet connection.
Costs relating to accessing the Website, notably Internet access, are the exclusive responsibility of the Customer.
The Website is accessible at all times.
CHÂTEAU L’HOSPITALET nonetheless reserves the right, without prior notice or compensation, to close the Site temporarily or permanently, particularly to carry out updates, maintenance operations, modifications, or changes to operational methods, servers, and accessibility hours.
Article 8. INDIVIDUAL POLICE REGISTRATION FORM
Pursuant to Article R.611-42 of the French Code on Entry and Stay of Foreigners and Right of Asylum, upon Booking, non-French nationals will be required to complete and sign a police registration form.
In the event of refusal by the Customer to complete and/or sign the individual police registration form, the Booking will be automatically refused.
The Customer’s data will be processed in accordance with the Privacy Policy.
Article 9. LIABILITY
The Customer undertakes to use the Accommodation and the Website in accordance with their intended purpose, morality, and public order.
The Customer acts as guarantor for compliance with these General Terms and Conditions by the Guests.
Any behaviour contrary to the intended purpose of the Accommodation, good morals, and public order may lead CHÂTEAU L’HOSPITALET to ask the Client to vacate the Accommodation without indemnity and/or refund of sums paid by the Client in respect of the Booking.
CHÂTEAU L’HOSPITALET declines all liability in the event of theft, damage, and/or loss of the Client's personal belongings.
The Customer is liable for any damage and/or deterioration occurring to the Accommodation in which they are staying during the dates indicated on the Booking confirmation.
CHÂTEAU L’HOSPITALET shall not be held liable for any indirect damages arising under these General Terms and Conditions, notably operating loss, acts of third parties, or acts of its partners.
CHÂTEAU L’HOSPITALET cannot ever be held liable for external content—even unlawful—even if the Website contains a link to such content.
CHÂTEAU L’HOSPITALET cannot be held liable for photographs and/or texts that do not allow the Customer to view the Accommodation in a completely and perfectly faithful manner.
CHÂTEAU L’HOSPITALET cannot therefore be held liable in the event of an error in any of these photographs or texts.
CHÂTEAU L’HOSPITALET nevertheless undertakes to describe the Accommodations offered for Booking on the Website with the greatest accuracy or to display a photograph thereof.
In any case, CHÂTEAU L’HOSPITALET cannot be held liable if the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law and provided for in Article 10 of these General Terms and Conditions, or to the fault of the Customer.
CHÂTEAU L’HOSPITALET cannot be held liable by the Customer for any inconvenience or damage inherent in the use of the Internet network, notably service interruptions, external intrusions, or the presence of computer viruses.
The Client is responsible for the proper functioning of their computer equipment as well as their Internet access.
The same applies to potential hypertext links present on the Website.
Article 10. FORCE MAJEURE
Neither CHÂTEAU L’HOSPITALET nor the Client may be held liable if the performance of the Booking is delayed or prevented due to an event of force majeure or fortuitous event, attributable to the other party or a third party, or due to external causes such as industrial disputes, health crises, intervention by civil or military authorities, natural disasters, fires, water damage, or interruptions of the telecommunications or electrical network.
Article 11. INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, design marks, and copyrights are the exclusive property of CHÂTEAU L’HOSPITALET.
Unless stated otherwise, the intellectual property rights in the documents contained on the Website and each of the elements created for this Website are the exclusive property of CHÂTEAU L’HOSPITALET, which grants no licence or any right other than that of consulting the Website.
The reproduction of any page or content of the said Website by the Customer or by any third party is subject to prior written authorization from CHÂTEAU L’HOSPITALET.
The reproduction of any documents published on the Website is authorized solely for informational purposes for personal and private use; any reproduction and any use of copies made for other purposes are expressly prohibited.
It is forbidden to use the trademarks, images, or any other elements over which CHÂTEAU L’HOSPITALET holds intellectual property rights.
It is likewise forbidden to copy, modify, create a derivative work, reverse engineer or assemble, or in any other way attempt to discover the source code (except as provided by law), sell, assign, sub-license, or transfer in any manner whatsoever any right relating to the software and the Site.
It is furthermore prohibited to modify the Website or use modified versions of the Website, including (without this list being exhaustive) for the purpose of obtaining unauthorized access to the Website and accessing the Website by any means other than through the interface provided by CHÂTEAU L’HOSPITALET for this purpose.
The Website as well as any software necessarily used in connection with it may contain confidential information protected by applicable intellectual property rights or any other law.
Clients who maintain a personal website and wish to place, for personal use, a simple link directing visitors directly to the CHÂTEAU L’HOSPITALET website must obtain prior written authorisation from CHÂTEAU L’HOSPITALET.
In any event, any unauthorized link must be removed upon simple request from CHÂTEAU L’HOSPITALET.
Article 12. ARCHIVING AND EVIDENCE
Clicking to validate the Booking and the email confirmation of Booking acceptance constitute an electronic signature which has, between the Customer and CHÂTEAU L’HOSPITALET, the same value as a handwritten signature.
The archiving of Booking confirmations and invoices is carried out on a reliable and durable medium so as to constitute an accurate and lasting copy in accordance with Articles 1366 and 1367 of the French Civil Code.
The computerised records of CHÂTEAU L’HOSPITALET shall be deemed proof of communications, subscriptions, payments, and transactions that have occurred between CHÂTEAU L’HOSPITALET and the Client.
Article 13. DISPUTES
In the event of a dispute with CHÂTEAU L’HOSPITALET, the Customer must first contact CHÂTEAU L’HOSPITALET by email at contact@gerard-bertrand.com or by post at Service Juridique – Route de Narbonne – BP 20409 – 11100 NARBONNE
In the event of an unsuccessful claim with CHÂTEAU L’HOSPITALET or in the absence of a reply within two (2) months, the Customer may submit the dispute with CHÂTEAU L’HOSPITALET to a mediator (Association des Médiateurs Européens) who will endeavour, with complete independence and impartiality, to bring the parties together in order to reach a settlement.
On the mediator’s website (https://www.mediateurseuropeens.org/), the Customer may access a claim form to submit their mediation request.
The Customer and CHÂTEAU L’HOSPITALET remain free to accept or refuse recourse to dispute resolution through mediation, as well as to accept or refuse the solution proposed by the mediator.
Failing an amicable settlement, the competent court to resolve the dispute shall be that of the defendant’s place of domicile or that of the place where the Booking is performed.
If they so wish, and independently of any other dispute resolution procedure with CHÂTEAU L’HOSPITALET, the Customer may also use the online dispute resolution platform provided by the European Union:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
These General Terms and Conditions are governed by French law.
In the event of any difficulty of interpretation arising from a contradiction between the French version and any potential version in another language, the French version alone shall prevail.
Article 14. GENERAL PROVISIONS
14.1 Entire Agreement
CHÂTEAU L’HOSPITALET and the Customer acknowledge that these General Terms and Conditions constitute the entire agreement between them and supersede any prior offer, provision, or agreement, whether written or verbal.
14.2 Good Faith
CHÂTEAU L’HOSPITALET and the Customer agree to perform their obligations in absolute good faith.
14.3 Headings
In case of interpretation difficulties resulting from a contradiction between any of the headings appearing at the beginning of the articles and any of the articles, the headings shall be declared non-existent.
14.4 Severability
If any provision of these General Terms and Conditions should prove to be null and void under an applicable legal rule or a final court decision, it shall be deemed unwritten, without invalidating the General Terms and Conditions as a whole or affecting the validity of its other provisions.
14.5 Domicile
CHÂTEAU L’HOSPITALET and the Client elect domicile at the addresses indicated on the Booking confirmation for the Client, and at the address stated in these General Terms and Conditions of Sale for CHÂTEAU L’HOSPITALET.
For any information regarding the protection of your personal data, please consult our new Privacy Policy
