General Terms and Conditions of Sale

HÔTEL HANA

Article 1 – Purpose and scope

These General Terms and Conditions of Sale (“GTCS”) govern all bookings of accommodation and related services made with the establishment Hôtel HANA, whether via its website, by telephone or directly. They are governed by French law, without prejudice to the mandatory provisions applicable in the consumer’s country of residence. Any booking implies the client’s full and unreserved acceptance of these GTCS, which are brought to their attention prior to ordering. The client declares that they have the legal capacity to enter into a contract.

The applicable GTCS are those in force on the date of booking. Any special conditions and rate conditions communicated to the client shall prevail in the event of conflict. The invalidity of any provision shall not affect the validity of the remaining provisions.

These GTCS govern bookings made directly with the establishment. Bookings made through a third-party platform or distributor are also subject to that intermediary’s specific conditions; in the event of conflict, the rate conditions expressly accepted at the time of booking shall prevail as regards payment, modification and cancellation terms.

The client may save or print these GTCS. They are drawn up in French; where a translation exists, the French version shall prevail, subject to applicable mandatory rules.

Article 2 – Identity of the seller

The contract is entered into with the company operating the establishment (the “Seller”):

HOTEL HANA – Simplified joint-stock company (SAS) with share capital of €12,012

Registered office: 4 rue Lamennais, 75008 Paris · Establishment: Hôtel HANA, 17 rue du Quatre-Septembre, 75002 Paris

SIREN: 842 016 792 · RCS: Paris 842 016 792 · NAF code: 5510Z (Hotels and similar accommodation) for the establishment · VAT: FR56 842 016 792

Contact: telephone +33 1 87 89 61 98 – email reception@hotelhana.fr

Article 3 – Booking

Bookings are made via the online booking system or directly with the establishment. The booking is firm and final upon receipt of the confirmation, or upon prepayment by credit card. The client certifies the accuracy of the information provided. The establishment promptly sends an email summarising the services booked, the prices, the rate conditions accepted and its contact details. All bookings are made in the client’s name and may not be transferred to a third party.

The button used to confirm an online booking bears the words “order with obligation to pay” or a similar unambiguous wording. Accepted means of payment are indicated at the latest at the start of the booking process.

The essential characteristics of each room category and of the bookable services are presented before the order is placed. Photographs are for illustrative purposes only; only the essential characteristics expressly stated in the booking confirmation are contractually binding.

Before final confirmation of an online booking, the client may review the details of their order and its total price and correct any errors. Final confirmation entails an obligation to pay. The establishment may refuse a booking for a legitimate reason, in particular in the event of fraud, non-payment or a previous dispute concerning payment for a stay.

The confirmation sent on a durable medium sets out, in particular, the booking number, the dates of stay, the room category, the number of occupants, the services included, the total price and the applicable rate conditions. If this confirmation is not received, the client must contact the establishment to check that the booking has been duly registered.

Electronic records kept under reasonable security conditions constitute proof of bookings, communications and payments, unless proven otherwise. Where a contract concluded electronically relates to an amount of 120 euros or more, it is archived for ten years in accordance with Articles L. 213-1 and D. 213-1 et seq. of the French Consumer Code; the client may request access to it from the establishment.

Article 4 – Rates and prices

Prices are quoted per room, inclusive of all taxes, according to the date and the number of guests. The applicable rates are those displayed in the booking engine at the time of ordering. Should the VAT rate change or a new statutory tax be introduced between the booking date and the date of stay, the price will be adjusted accordingly on the invoicing date. Unless otherwise stated, additional services (breakfast, half board, etc.) are not included. The tourist tax is payable in addition and settled on site, unless included in an online prepayment.

In accordance with the French Order of 18 December 2015 on price display for commercial tourist accommodation, the final price payable is communicated before the booking is confirmed and includes any service essential to it. It is specified whether breakfast and internet access are offered and whether or not they are included. The prices of ancillary services are available at reception and in the rooms in the manner brought to the client’s attention.

A bottle of water is provided in the room. This is included in the price of the lodging and incurs no additional charge.

Article 5 – Payment terms

Depending on the rate selected, payment is made at the time of booking (prepayment) or during the stay. Bank details are processed securely and are not retained beyond what is necessary for the guarantee or payment of the booking.

The establishment may request a bank pre-authorisation to guarantee payment for the stay, for services consumed on site and for any damage attributable to the client or to persons for whom they are responsible. This pre-authorisation is not a debit. Any amount actually charged must correspond to a justified claim, without prejudice to the establishment’s right to claim the balance if the amount exceeds the guarantee.

In the event of a declined payment, an invalid card or the impossibility of carrying out the required pre-authorisation, the establishment may decline to confirm the booking or cancel it after informing the client and, where time allows, inviting them to provide another means of payment.

A detailed bill is given to the client where the amount of the service is 25 euros or more including VAT or, regardless of the amount, upon request, in accordance with the French Order of 8 June 1967 on the issuing of bills in hotels and restaurants.

Article 6 – Cancellation and modification conditions

Cancellation and modification conditions are those attached to the rate selected by the client, specified at the time of booking and restated in the confirmation.

Flexible rates: free cancellation up to the deadline stated in the confirmation.
Non-refundable / prepaid rates: no cancellation, modification or refund; the full amount of the service remains due.

If the stay is cut short by the client, the full agreed price remains due.

In the event of a no-show without cancellation within the applicable deadline, the booking is deemed cancelled by the client and the amounts provided for in the conditions of the selected rate remain due. In the event of arrival after the announced time or after the first booked day, the client must inform the establishment to prevent the booking from being treated as a no-show.

Article 7 – Arrival and departure

Unless otherwise specified at the time of booking, rooms are available from 3:00 pm on the day of arrival and must be vacated by 12:00 noon on the day of departure; failing this, an additional night may be charged. Proof of identity and a police registration form may be requested on arrival.

The establishment may require the presentation of an original, valid identity document; a copy or an image on a phone may be refused. Any minor must be accompanied by an adult who assumes responsibility for them, or present the authorisations and supporting documents previously accepted by the establishment.

In accordance with Articles R. 814-1 to R. 814-3 of the French Code on the Entry and Residence of Foreign Nationals and the Right of Asylum, all foreign guests must complete and sign an individual police registration form upon arrival. This form is kept for six months and handed over, on request, to the police or gendarmerie.

Article 8 – Client obligations and use of services

The client undertakes to use the room and facilities peacefully, in compliance with the house rules and the tranquillity of other guests. The Wi-Fi access provided must not be used to reproduce, represent or communicate to the public protected works without the authorisation of the rights holders, failing which the penalties provided for by the French Intellectual Property Code (Article L. 335-3) shall apply. The room may only be occupied by the persons declared at the time of booking, within the limit of its authorised capacity. Access by outside visitors is subject to the establishment’s prior consent and to compliance with the applicable identification and security rules.

It is forbidden to smoke or vape in the rooms and in areas where this is indicated, to disturb the peace or security of the establishment, or to carry out any unlawful activity there. Any serious breach may result in the immediate termination of the stay, without refund of services already consumed and subject to the financial consequences attached to the booked rate.

The rooms and areas of the hotel are intended exclusively for accommodation. Any filming, photo shoot or recording carried out for professional or commercial purposes, or intended for public or paid distribution, is subject to the prior written authorisation of the Management.

The client is liable for direct and substantiated damage caused by themselves or by persons for whom they are responsible to the rooms, equipment and areas of the establishment. Reasonable cleaning, repair or replacement costs thereby incurred may be invoiced to the client upon presentation of the corresponding supporting documents.

The production of any pornographic or sexually explicit content is strictly prohibited.

Any breach may result in the immediate termination of the stay, without refund, as well as legal proceedings to obtain compensation for all losses suffered by the hotel.

Article 9 – Liability and force majeure

For distance contracts, the Seller is automatically liable for the proper performance of the obligations arising from the contract. It may be released from all or part of its liability only if it proves that the non-performance is attributable to the client, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure, in accordance with Article L. 221-15 of the French Consumer Code.

If the booked room cannot be made available, the establishment may offer, subject to the client’s consent, accommodation of an equivalent category for services of the same nature; any additional cost and transport between the two establishments shall be borne by the establishment. The client may refuse this solution and obtain an immediate refund of the sums paid for the services not provided. Force majeure means an event meeting the conditions of Article 1218 of the French Civil Code. If the impediment is temporary, performance of the affected obligations is suspended; if it is permanent, the contract is automatically terminated for the services prevented, which are refunded. The establishment’s liability for items brought by travellers is governed by Articles 1952 to 1954 of the French Civil Code and may not be excluded beyond the limits authorised by those provisions. Subject to mandatory provisions, the establishment is liable for direct and proven damage attributable to it and is not liable for any non-performance attributable to the client or to force majeure.

Article 10 – Right of withdrawal

In accordance with Article L. 221-28 12° of the French Consumer Code, the right of withdrawal does not apply to contracts for accommodation services provided on a specific date or for a specific period. Bookings made are therefore not subject to the right of withdrawal; any non-cancellable booking commits the client to paying the full agreed amount.

Article 11 – Complaints and mediation

Any complaint may be sent in writing to the establishment (contact details in Article 2). If the complaint does not result in an amicable solution, the consumer may refer the matter free of charge to the consumer mediator, within a maximum of one year from their written complaint to the Seller (Articles L. 612-1 et seq. of the French Consumer Code):

Referral to the mediator requires a prior written complaint to the establishment and compliance with the admissibility conditions set by the French Consumer Code. Recourse to mediation is optional and does not deprive the client of the right to bring the matter before the competent court.

AVENIR CONSO – 197 boulevard Saint-Germain, 75007 Paris – https://www.avenir-conso.com/

Article 12 – Personal data

The processing of the client’s personal data is described in the legal notice and privacy policy of the establishment and of the Chapitre Six group. The client has the rights of access, rectification, erasure, restriction, portability and objection provided for by the GDPR (EU) 2016/679, which they may exercise with the group DPO or with the operating company. The legal bases, retention periods and recipients of the data are set out therein.

The guest also has the right, in accordance with applicable regulations, to restrict the processing of their data and to data portability. They may exercise these rights by contacting the group’s or the operating company’s Data Protection Officer (DPO) and may file a complaint with the French Data Protection Authority (CNIL) at www.cnil.fr.

Where the client’s telephone number is collected at the time of booking, any telephone marketing is prohibited without their prior consent, except where it takes place in the context of the performance of an ongoing contract under the conditions provided for in Articles L. 223-1 and L. 223-2 of the French Consumer Code. This consent is free, specific, informed, unambiguous and revocable at any time.

Article 13 – Governing law and competent jurisdiction

These GTCS are governed by French law. Failing an amicable resolution, any dispute relating to their formation, validity, interpretation, performance or termination shall be brought before the competent courts, in accordance with the mandatory rules applicable to consumer relations.