PREAMBLE
The www.kopsterhotel.com website, referred to hereinafter as “the Website”, is a hotel booking and catering tool which comprises an e-commerce section.
It is published by the company KOPSTER HOTEL, referred to hereinafter as KOPSTER HOTEL or the “Establishment”, a simplified joint stock company with a capital of €100,000, the registered office of which is located at 67, quai Charles de Gaulle – 69006 LYON and is entered in the Trade and Companies’ Register of Lyon under number 835 083 528.
The website is freely accessible. It is intended for use by the general public, referred to hereinafter as the “Users”.
For the purposes of these General Terms and Conditions of Sale, it is hereby agreed that a User who has validated a booking or an order shall be referred to as the “Customer” and the Customer and KOPSTER HOTEL shall be referred to jointly as the “Parties” and individually as the “Party”.
These General Terms and Conditions of Sale shall apply to all countries and all currencies. All bookings or orders shall presuppose complete adherence to these General Terms and Conditions of Sale.
KOPSTER HOTEL reserves the right to amend these General Terms and Conditions of Sale at any time by publishing a new version of the Website. The applicable General Terms and Conditions of Sale shall be the ones in force on the date of the booking or placement of the order.
ARTICLE 1: GLOSSARY
ARTICLE 2: SCOPE OF APPLICATION
2.1 SCOPE
These General Terms and Conditions of Sale shall apply, without restriction or reservation, to all the services proposed on the Website by KOPSTER HOTEL which operates the above-mentioned website notably for the purpose of room bookings and other additional services associated with temporary accommodation in the establishment.
2.1.2. These General Terms and Conditions of Sale shall apply to all subscription operations, for services defined above, carried out by the Customer.
2.2 TERRITORY
The services featuring on the Website shall be proposed in order to be offered to the Customer by KOPSTER HOTEL to the exclusion of any other setting after a booking has been placed by the Customer.
2.3 DURATION
2.3.1. These General Terms and Conditions of Sale shall apply for the entire duration during which the services are presented on line by KOPSTER HOTEL on its Website www.kopsterhotel.com.
2.3.2. KOPSTER HOTEL reserves the right, without notice or compensation, to close down the Website www.kopsterhotel.com or the online booking area either temporarily or permanently.
2.3.3. KOPSTER HOTEL shall not be liable for damage of any kind which could stem from the temporary unavailability or permanent closure of all or part of the Website or associated services such as the online booking area.
2.4 LEGAL SYSTEM
2.4.1. These General Terms and Conditions of Sale shall be governed by the provisions of Article L. 121-16 et seq of the French Consumer Code.
2.4.2. All bookings placed on the Website with a view to using the services defined above shall be subject to these General Terms and Conditions of Sale and the special terms relating to prices for each of the said services proposed by KOPSTER HOTEL as outlined below.
2.5. AIM
2.5.1. These General Terms and Conditions of Sale define the rights and obligations of the Parties within the framework of the remote booking of services proposed by KOPSTER HOTEL on its Website.
2.5.2. They govern all the necessary stages in the placing and monitoring of bookings between the contracting Parties, including booking maintenance and validity.
ARTICLE 3: CAPACITY AND ACCEPTANCE BY THE CUSTOMER
3.1. All Customers acknowledge that they have the capacity to enter into a contract under the terms described in these General Terms and Conditions of Sale, i.e. that they are of legal age and are not under tutelage or guardianship. However, the Management of the Establishment reserves the right to demand that the Customer present an identification document notably indicating their date of birth on arrival at the Establishment.
3.2. The Customer acknowledges that these terms and conditions form an integral part of the Establishment Contract.
3.3. The Customer accepts that the General Terms and Conditions of Sale, the contractual documents providing information on the services and specific prices of each service, the order forms and the order placement methods are presented online on the Website for the purpose of the conclusion of the Establishment Contract.
3.4. The Customer declares that KOPSTER HOTEL has provided all the necessary information on the Website.
3.5. The Customer acknowledges that he/she has read and accepted these General Terms and Conditions of Sale and all the terms of the proposal before placing the order and has accepted all these terms in full.
3.6. The validation of online bookings on the Website by the Customer presupposes that the latter has consulted and accepted these General Terms and Conditions of Sale beforehand.
3.7. The Customer's agreement to these General Terms and Conditions of Sale shall be confirmed during the booking process prior to the validation of the booking.
3.8. Before placing an order for services, the Customer shall declare that the booking has been placed for his/her personal requirements.
3.9. The Customer shall have the option of saving and editing these General Terms and Conditions of Sale via the Website using the standard functionalities of his/her browser and/or computer from the “GTS” tab.
3.10. The Customer specifically accepts that the entry of the required bank information, the acceptance of these General Terms and Conditions of Sale and the validation of the booking voucher or request shall constitute an electronic signature according to Article 1316-4 of the French Civil Code which shall have the same value as a handwritten signature between the Parties.
3.11. After presenting his/her identity document as specified in Article 3.1 above, the Customer undertakes to complete the individual policy form in the countries concerned by this article in accordance with the provisions of Article R. 611-42 of the French Code governing the entry and residence of foreign nationals.
ARTICLE 4: WEBSITE CONTENT
4.1. The Website shall contain the following information:
4.3. The Website content is the property of KOPSTER HOTEL and its associated partners and is protected by the French and international laws relating to intellectual property. The total or partial reproduction of this content is strictly prohibited and is liable to constitute a copyright infringement. Moreover, KOPSTER HOTEL shall retain ownership of all the intellectual property rights relating to the photographs, presentations, designs, drawings, advertising media, etc. created for the purpose of providing Services to the Customer. The Customer shall therefore refrain from reproducing or using said media without the specific prior written agreement of KOPSTER HOTEL, which may be conditional to financial compensation.
ARTICLE 5: BOOKING
5.1. ONLINE BOOKING METHODS
5.1.1. The Customer may choose from the Services presented on the Website, which offers the possibility to book a room or a table on the basis of transparent contractual prices with or without options or Extras, which are left to the discretion of the Customer.
5.1.2. The Customer acknowledges that he/she is aware of the nature, purpose and booking terms of the Services available on the Website and has obtained the necessary and/or additional information required in order to make the booking with full knowledge of the facts.
5.1.3. The Customer shall have sole responsibility for the choice of Services and their suitability for his/her requirements so that the liability of KOPSTER HOTEL cannot be invoked in this respect.
5.1.4. The booking shall be deemed to have been accepted by the Customer upon completion of the booking process by clicking the “PLACE MY BOOKING!” field.
5.2. ONLINE BOOKING PROCESS
5.2.1. The booking shall be confirmed upon receipt by the Customer of the booking confirmation sent by KOPSTER HOTEL or when the online payment is made by bank card under the terms and conditions set forth in Article 5.2.4. A confirmation screen will then appear online.
5.2.2. The Customer undertakes to provide the requested information prior to all bookings.
5.2.3. The Customer shall confirm the accuracy and precision of the information provided.
5.2.4. The booking procedure, which is secured under the terms and conditions of Article 9 below, includes the following stages, with the proviso that it is always possible for the Customer to go back to a page during the booking process:
Final stage: registration by KOPSTER HOTEL of the booking made by the Customer and allocation of an associated booking confirmation number.
5.3. CREATION OF THE ONLINE CONTRACT
5.3.1. In accordance with Articles 3.10 and 5.2.4, the Establishment Contract shall be created when the Customer's booking is confirmed by KOPSTER HOTEL including the allocation of an associated booking confirmation number as stated in the previous article.
5.3.2. The Establishment Contract may only be created after the Customer has chosen the content of his/her booking, which has been summarised in full in the final stage of the booking process, and has accepted these General Terms and Conditions of Sale and validated the booking by clicking on the “PLACE MY BOOKING!” field. Otherwise, the booking shall be considered to have been interrupted and shall not take effect.
5.3.3. Every time an online booking is made, a summary email is sent to the Customer at the email address provided in the relevant field. This email constitutes acknowledgement of receipt of the booking and booking confirmation summarising the terms of the contract, the services booked, the prices, the price conditions associated with the selected rate, information relating to the after-sale service and commercial guarantees, if applicable, the terms of enforcement of any cancellation rights and the address of KOPSTER HOTEL to which the Customer may send any complaints.
5.4. OTHER BOOKING METHODS (EXCLUDING “ONLINE”)
5.4.1. Telephone bookings
5.4.1.1. The telephone numbers listed on the Website shall be used for telephone bookings as defined below.
5.4.1.2. When a Customer makes a booking request by telephone, KOPSTER HOTEL proposes the available prices and additional associated services depending on the Customer's request on the chosen dates. KOPSTER HOTEL shall request a telephone number and an email address to which the hotel can send these General Terms and Conditions of Sale, a summary of the booking request and, if applicable, a request for bank details so that the booking can be registered with or without payment during the price reservation process and a deposit or guarantee provided with bank card details according to the applicable price determined by the Customer at the time of the booking request.
5.4.1.3. All the information and conditions demanded by KOPSTER HOTEL in response to the Customer's telephone booking request are mandatory formalities required for registering the Customer's booking request made by telephone. Without this information the booking cannot be validated or confirmed.
5.4.1.4. Failure to return the information demanded by KOPSTER HOTEL, at the very least by email, will result in the Customer having no grounds or cause for complaint that his/her booking was not registered, as the Establishment Contract will not have been constituted on account of his/her failure to provide this information and to fulfil these conditions. Only written confirmation of the registration of the booking shall be valid for conclusion of the contract.
5.4.2. Email bookings
5.4.2.1. The email address indicated on the Website page shall be used for email bookings as defined below: reservation@kopsterhotel.com
5.4.2.2. When the booking request is made by email, KOPSTER HOTEL shall propose the available prices and associated additional services according to the Customer's request on the chosen dates, by return of email to the address from which the booking request has been made. KOPSTER HOTEL shall send, by the same return of email, these General Terms and Conditions of Sale, a summary of the booking request and, if applicable, a request for bank details so that the booking can be registered with or without payment during the price reservation process and a deposit or guarantee provided with bank card details according to the applicable price determined by the Customer at the time of the booking request.
5.4.2.3. All the information and conditions demanded by KOPSTER HOTEL in response to the Customer's email booking request constitute mandatory formalities required for registering the Customer's booking request made by email. If the Customer making an email booking request fails to fulfil the requirements set forth by KOPSTER HOTEL in these General Terms and Conditions of Sale, the former shall have no grounds or cause for complaint that his/her booking was not registered. Only written confirmation of the registration of the booking shall be valid as acknowledgement.
5.5.Right of Withdrawal/Cancellation by the Customer
5.5.1. The Customer is reminded, in accordance with Article L. 121-20-4 of the French Consumer Code, that the right to withdrawal provided for in Article L. 121-20 of the French Consumer Code shall not apply if the services are provided on a specific date or according to a defined schedule.
5.5.2. Without prejudice to the provisions set forth in Article 5.5.1, the contractual terms and conditions may, if applicable, provide for a right to cancellation depending on the content of the booking validated by the Customer, as indicated for each price, if the booking is made on the basis of “Flexible rates”. In this case, the Customer shall have been made aware of the associated cancellation terms and conditions which are equally highlighted during the different stages leading to payment.
5.5.3. If the special price conditions allow, either for bookings made on the basis of “Flexible rates” or those made on another basis referring specifically to benefiting from this cancellation right, the Customer's right to cancellation must be exercised before 6 p.m. on the day before his/her arrival (Paris, France time). Late notification of the cancellation shall result in the application of a late cancellation fee corresponding to the first night of accommodation plus any Extras featuring in the Customer's booking, according to the applicable price including all taxes for the booking validated by the Customer.
5.5.4. The right to cancellation defined in Article 5.5.2 may be applied by the Customer on the Website on the “My Account” page after connecting with the confirmation number or email address and password. The booking can then be cancelled using the “Option” tab. By clicking on the “CANCEL MY BOOKING” button, the cancellation shall be confirmed immediately and all package deals associated with this booking shall also be cancelled. An email confirming the cancellation shall then be sent to the Customer.
5.5.4.1 Depending on the offers selected by the Customer, cancellation by telephone may also be possible. This must be accompanied by a mandatory email sent by the Customer and will be followed up with an email confirming the cancellation sent by KOPSTER HOTEL.
5.5.5. If the stay is interrupted, the entire agreed price shall be collected in full with no right to reimbursement, credit note or exchange for the Customer for the part of the stay not availed of in the Establishment. No reimbursement shall be granted for bookings paid for at the time the booking was placed.
5.5.6. Unless specifically agreed otherwise, notably if associated Extras have been reserved, the Customer must vacate the room before 12 noon on the final date of his/her stay. Otherwise, a Late Check-Out option may be offered subject to availability. This shall be charged at a rate of 50% of the price stated for the room on the date of the Late Check-Out. This rate will expire at 6 p.m. French time. After that time, the price of an additional night shall be charged. The prices per night shall vary depending on the room occupied and the date concerned. If a room is not made available, KOPSTER HOTEL reserves the right to access the non-vacated room in order to prepare it for new guests.
5.5.7. Without prejudice to the application of the right to cancellation under the terms and conditions set forth in Article 5.5 for “Flexible rates”, a no show by a Customer at the Establishment (booking not cancelled in the case of a right to cancellation and Customer not present) without KOPSTER HOTEL having been notified to take possession of the booked room, shall result in cancellation of the entire booking with the night or nights booked being made available once again. Payment shall be automatically demanded for the costs associated with the first night booked, including any Extras, plus tax without the Customer being eligible for any reimbursement.
5.5.8. The terms and conditions set forth in Article 6 shall prevail for all booking methods: Internet, email or telephone.
ARTICLE 6: RATES & PRICES
6.1. The prices associated with the reservation of services shall be indicated before and during the booking process. The prices shall be valid in real time and shall be presented in the terms and conditions provided for in Article 5.2.4. Similarly, in the case of other booking methods by telephone or email, the prices shall be valid at the time of the booking request made by the Customer. In all events, the special price conditions associated with each price/room type, or additional services, shall be presented beside each service booked by the Customer.
6.2. The prices stated apply per adult per room and, unless a specific Extra is selected, the chosen price shall by default apply if the room is accessed (check-in) by the Customer from 3 p.m. and vacated (check-out) by 12 noon. A credit card imprint and an identification document shall be requested at the time of check-in. KOPSTER HOTEL reserves the right to debit the credit card whose imprint was provided at the time of check-in if the Customer does not appear by the check-out time.
6.3. The prices are subject to value added tax (VAT) and are displayed inclusive of tax at the rate in force at the time of confirmation of the booking, in Euros or in the currency chosen by the Customer. The prices displayed are only valid for the duration indicated on the Website.
6.4. If the payment is made in a currency other than that of the Customer's country of residence, the Customer shall be required to cover the exchange costs.
6.5. All bookings shall be payable in Euros as stated during the booking process.
6.6. Unless stated otherwise, additional services such as breakfast and other Services and Extras which may have been selected shall not be included in the price. However, the price of these additional services validated in the Customer's booking shall be payable during the online or off-line booking process for prices which differ from the “Flexible rate”. These prices shall also be subject to VAT at the rate in force when the booking was made and, if applicable, according to the applicable regulations for these categories of product or service at a different rate from the one applicable to room bookings.
6.7. Tourist tax: Décines-Charpieu: €1.65 per adult/night
6.8. The prices take into account the applicable VAT on the order date and any changes in rates applicable to VAT shall be automatically reflected in the prices stated, notably in the event of a change to the applicable rate on the date of the stay and any Extras selected compared with the rates applicable at the time of booking.
6.9. If a rate requires that payment be made to the Establishment at the beginning or end of a stay and the Customer's currency is not the same as that of the country in which the Establishment is located, the price debited by the latter may differ from the one indicated at the time of the booking in view of possible exchange rate alterations between the booking date and the dates of the stay in the Establishment.
6.10. Any items taken from the room during the stay shall be charged for at the applicable rates which can be obtained from the Establishment's reception.
6.11. In the event of damage to the room, common areas or particular items or in the case of the theft of decorative items, KOPSTER HOTEL reserves the right to charge the Customer for the damage caused or the stolen items.
ARTICLE 7: PAYMENT
7.1. The Customer shall provide his/her bank details to guarantee the booking except in the case of special terms or prices demanding online payment as stipulated during the booking process and notably those proposed in the “Best available prices” section.
The entry of the means of payment is secured by SSL encryption. The Customer shall be asked to provide the following information in order to complete the booking: card number, validity date and visual cryptogram in the case of online payments via the payment platform provided for this purpose. The same shall apply in the case of bank details requested in the context of bookings made by telephone or email according to the specified form requirements which either demand payment when the booking is made or a guarantee in the form of a bank card imprint depending on the booking price.
7.2. The payment shall be debited by the Establishment during the stay except in the case of special terms or prices when it is debited when the booking is made for prices subject to payment at the time of booking, in accordance with special contractual terms and conditions accepted beforehand by the Customer.
7.3. The service provider chosen by KOPSTER HOTEL to secure online payment by bank card shall verify the validity of the Customer's payment card. A payment card may be refused for a number of reasons: stolen card, blocked card, credit limit reached, input error, etc. In case of difficulties or restrictions, the Customer shall first contact his/her bank to ascertain the reasons and secondly the Establishment to confirm the booking and payment method.
7.4. If the Customer books several rooms but online payment is only required for one room during the booking process, for example, the payment card used on the payment platform can be used, on the one hand, to pay for the room for which online payment is required during the booking process and, on the other as a guarantee for the other rooms.
7.5. When the online payment is made and, in all events, when it is demanded during the booking process, the total amount debited for the booking shall include: the price of the accommodation, the taxes associated with the accommodation and the price of any additional services or Extras.
7.6. In the case of prices for which online payment is required, the corresponding amount shall be debited upon completion of the booking by the Customer by means of an online digital debiting process.
7.7. After a stay at KOPSTER HOTEL and regardless of the booking method used, an invoice shall be drawn up in duplicate by KOPSTER HOTEL with one copy being provided or sent by email to the Customer on his/her departure from the Establishment.
7.8. During the Customer's stay, if the online payment has not been made during the booking process and if the total amount of the Customer's invoice exceeds 400 Euros, the management may demand payment for the service provided during the stay in the forms provided for in this Article 7.
7.9. Payments by cheque shall not be accepted for temporary accommodation services and/or catering services and/or any other services or sales of products presented by KOPSTER HOTEL to the Customer during his/her stay in the Establishment.
7.10 In all events, any Extras or other services which may have been reserved and provided by KOPSTER HOTEL during the Customer's stay which were not paid for when the booking was made shall be settled by the Customer at the latest when he/she checks out.
ARTICLE 8: COMPLAINTS
8.1. The Customer should send any complaints to the Establishment by letter or email at the latest within 7 days of the end of the stay:
KOPSTER HOTEL
12 rue Simone Veil
69150 Décines-Charpieu
hello@kopsterhotel.com
8.1. KOPSTER HOTEL shall guarantee the conformity of its services under the terms and conditions set forth in Article L. 111-2 et seq of the French Consumer Code without prejudice to any additional contractual guarantees which may have been specifically agreed upon between the Parties outside the context of these General Terms and Conditions of Sale according to a written contract which has been duly signed by the Parties.
8.2. KOPSTER HOTEL shall strive to ensure that the photographs, graphic representations and texts provided give as accurate an impression as possible of the accommodation, catering and other additional services proposed. However, THE PHOTOGRAPHS ARE NON-CONTRACTUAL as, on the one hand, the rooms are all of different dimensions even if their prices are identical and, on the other, variations may occur notably due to a change in furniture, new decorations or possible renovations. Subject to availability, with the exception of a booking made with a specific request for a certain room which is confirmed in writing by KOPSTER HOTEL, the Customer shall not be justified in issuing complaints in this context if these variations do not relate to the essential features of the service.
8.3. KOPSTER HOTEL shall not be held responsible for failure to complete a booking or the partial completion of the latter in the case of a force majeure event or an event caused by third parties, the Customer or its associated partners such as the inaccessibility of the Internet or the Website, external intrusion, a computer virus or, in the case of online payments, refusal by the bank to authorise the transaction.
8.4. Whilst KOPSTER HOTEL provides WIFI Internet access in the Establishment and, more specifically, in the rooms, restaurant and common areas, in the event of a complete or partial breakdown of this service which is not the fault of the Establishment for any reason whatsoever during the stay in the Establishment, the Customer shall not be permitted to cancel the booking or receive reimbursement or any compensation whatsoever.
8.5. KOPSTER HOTEL shall not be held responsible for direct and/or indirect damage, in particular loss of profit, or loss of business on account of third parties, the Customer or its associated partners.
8.6. Hypertext links on the Website may link to sites other than the one operated by KOPSTER HOTEL who relinquishes all responsibility for the content of these sites and the services offered.
8.7. Safes shall be available for use by Customers in each room. The Establishment shall not be held responsible under any circumstances for theft or damage caused to valuables left by the Customer in rooms or vehicles parked in the Establishment's car park.
8.8 KOPSTER HOTEL shall not be held responsible for damage caused by animals present in the Establishment, which shall remain the responsibility of their owner or guardian in accordance with the provisions of Article 1242 of the French Civil Code. KOPSTER HOTEL reserves the right to charge the owner or guardian for any damage caused.
ARTICLE 9: DATA PROTECTION, PRIVACY AND IMAGE REPRODUCTION RIGHTS
9.1. The information requested from the Customer during the booking process, which is totally secure from start to finish, is required for the processing of the booking and shall be passed on to KOPSTER HOTEL and/or its online payment service provider.
9.2. In accordance with the provisions of Law n°78-17 of 6 January 1978 relating to data protection, each Customer shall have the right to access, amend, correct and delete information which concerns them under the terms and conditions provided for by the law and regulations in force by contacting KOPSTER HOTEL. The Customer shall also be granted the right to oppose the processing of data which concerns him/her on legitimate grounds. If the Customer requires further information, he/she may refer to the Charter on the Protection of Personal Data [Charte de protection des données personnelles], established by the Lavorel Hotels group governing all personal data collected for each Customer.
9.3. The Customer is hereby informed that the personal data collected during the booking process shall be automatically processed under the responsibility of KOPSTER HOTEL. If the Customer requires further information, he/she may refer to the Charter on the Protection of Personal Data established by the Lavorel Hotels group.
9.4. The Customer's bank details shall be passed on by the payment service provider to the Establishment's bank for implementation of the Establishment Contract particularly in the case of online payments. The Customer is hereby informed that this data transfer may be carried out in foreign countries which are not in possession of adequate data protection facilities in accordance with the Law n°78-17 of 6 January 1978 (Art. 69). However, the Customer shall agree to this transfer for the execution of his/her contract. The payment service provider undertakes with regard to KOPSTER HOTEL to apply all the necessary measures in terms of security and compliance with data confidentiality for said data transfers.
9.5. The reservation of overnight stays and/or Extras in the Establishment concerned and their use by Customers and/or their companions, or even the simple presence within the Establishment, shall in no way grant authorisation for any audio-visual recordings, shots or photographs whether on the premises or in buildings associated with the Establishment including the rooms, with a view to their commercial, promotional or advertising use, use for press relations, public relations, Website illustrations, etc. and more generally, any collective use which could involve a public audience. The interior architecture and graphic creations decorating the common areas and rooms in the Establishment are protected by copyright which shall be reserved in its entirety. All audio-visual recordings, photographs, reproductions or representations of images comprising the premises and buildings associated with the Establishment concerned, except in the case of strictly private use, are subject to the prior authorisation of KOPSTER HOTEL and liable to copyright infringement, sanctioned under the civil and criminal provisions of the French Intellectual Property Code.
ARTICLE 10: MISCELLANEOUS
10.1. These General Terms and Conditions of Sale are governed by French law.
10.2. If one of the provisions of these General Terms and Conditions of Sale is declared null and void in any way and on any grounds whatsoever, it shall be deemed unwritten and shall not bring about the invalidity of the other provisions.Any disputes arising between the Parties in the context of the interpretation and/or execution of these General Terms and Conditions of Sale shall, in the absence of an amicable agreement, be submitted to the exclusive competence of the competent court within the remit of the Court of Appeal of Lyon, with the exception of disputes concerning non-business persons for whom the legal rules of allocation of competence shall apply.
10.3. All rooms are no-smoking areas. If the Customer lights a cigarette inside the Establishment, KOPSTER HOTEL will be legally bound to charge a fine of 300 Euros to the Customer’s bank card.
The www.kopsterhotel.com website, referred to hereinafter as “the Website”, is a hotel booking and catering tool which comprises an e-commerce section.
It is published by the company KOPSTER HOTEL, referred to hereinafter as KOPSTER HOTEL or the “Establishment”, a simplified joint stock company with a capital of €100,000, the registered office of which is located at 67, quai Charles de Gaulle – 69006 LYON and is entered in the Trade and Companies’ Register of Lyon under number 835 083 528.
The website is freely accessible. It is intended for use by the general public, referred to hereinafter as the “Users”.
For the purposes of these General Terms and Conditions of Sale, it is hereby agreed that a User who has validated a booking or an order shall be referred to as the “Customer” and the Customer and KOPSTER HOTEL shall be referred to jointly as the “Parties” and individually as the “Party”.
These General Terms and Conditions of Sale shall apply to all countries and all currencies. All bookings or orders shall presuppose complete adherence to these General Terms and Conditions of Sale.
KOPSTER HOTEL reserves the right to amend these General Terms and Conditions of Sale at any time by publishing a new version of the Website. The applicable General Terms and Conditions of Sale shall be the ones in force on the date of the booking or placement of the order.
ARTICLE 1: GLOSSARY
- “Confirmation Email”: Electronic mail sent by KOPSTER HOTEL in the final stage of the booking or order process. This email summarises the booking validated by the Customer and confirms its receipt by the Website. The Confirmation Email provides confirmation of a booking as defined below.
- “Booking Confirmation”: Paperless document which summarises the features of the services booked on completion of the booking process after validation by the Customer. Booking Confirmation is received after a booking has been made on the Website, when a bank card number is entered in the event of an online payment or a guarantee given prior to final validation.
- “Establishment Contract”: Contract whose subject matter is the provision by KOPSTER HOTEL of all the services defined below which have been ordered by the Customer following validation of an online booking or other type of booking.
- “Customer”: Physical entity of legal age with full legal capacity at the time of entering into the Establishment Contract.
- “Booking Request”: Request to book rooms or tables in the restaurant made by the Customer by mobile communication methods or via the Internet.
- “Online booking”: Bookings made for rooms, tables in the restaurant and any accessories or additional services proposed by KOPSTER HOTEL on its Website.
- “Telephone or e-mail bookings”: Bookings made for rooms, tables in the restaurant and any accessories or additional services proposed by KOPSTER HOTEL by telephone or by email sent by the Customer in response to the booking registration process described in these General Terms and Conditions of Sale.
- “Services”: Services advertised by KOPSTER HOTEL consisting, within the framework of a contract with the Establishment, of the provision of rooms whose main features are presented on the website with or without meals and/or breakfast and other additional services associated with temporary accommodation, notably artistic entertainment. These services provided in accordance with the provisions of Article L. 111-1 of the French Consumer Code are featured on the Website.
- “Extras”: Services advertised by KOPSTER HOTEL consisting, within the framework of a contract between the Establishment and the Customer, of different services which are complementary to those proposed in association with the rooms whose main features are presented on the Website, e.g. “Late Check-Out”.
- “Website”: Electronic service used by KOPSTER HOTEL on the Internet which is accessible via the following URL: www.kopsterhotel.com.
- “WAP”: Communication protocol whose aim is to grant access to the Internet using a mobile terminal.
ARTICLE 2: SCOPE OF APPLICATION
2.1 SCOPE
These General Terms and Conditions of Sale shall apply, without restriction or reservation, to all the services proposed on the Website by KOPSTER HOTEL which operates the above-mentioned website notably for the purpose of room bookings and other additional services associated with temporary accommodation in the establishment.
2.1.2. These General Terms and Conditions of Sale shall apply to all subscription operations, for services defined above, carried out by the Customer.
2.2 TERRITORY
The services featuring on the Website shall be proposed in order to be offered to the Customer by KOPSTER HOTEL to the exclusion of any other setting after a booking has been placed by the Customer.
2.3 DURATION
2.3.1. These General Terms and Conditions of Sale shall apply for the entire duration during which the services are presented on line by KOPSTER HOTEL on its Website www.kopsterhotel.com.
2.3.2. KOPSTER HOTEL reserves the right, without notice or compensation, to close down the Website www.kopsterhotel.com or the online booking area either temporarily or permanently.
2.3.3. KOPSTER HOTEL shall not be liable for damage of any kind which could stem from the temporary unavailability or permanent closure of all or part of the Website or associated services such as the online booking area.
2.4 LEGAL SYSTEM
2.4.1. These General Terms and Conditions of Sale shall be governed by the provisions of Article L. 121-16 et seq of the French Consumer Code.
2.4.2. All bookings placed on the Website with a view to using the services defined above shall be subject to these General Terms and Conditions of Sale and the special terms relating to prices for each of the said services proposed by KOPSTER HOTEL as outlined below.
2.5. AIM
2.5.1. These General Terms and Conditions of Sale define the rights and obligations of the Parties within the framework of the remote booking of services proposed by KOPSTER HOTEL on its Website.
2.5.2. They govern all the necessary stages in the placing and monitoring of bookings between the contracting Parties, including booking maintenance and validity.
ARTICLE 3: CAPACITY AND ACCEPTANCE BY THE CUSTOMER
3.1. All Customers acknowledge that they have the capacity to enter into a contract under the terms described in these General Terms and Conditions of Sale, i.e. that they are of legal age and are not under tutelage or guardianship. However, the Management of the Establishment reserves the right to demand that the Customer present an identification document notably indicating their date of birth on arrival at the Establishment.
3.2. The Customer acknowledges that these terms and conditions form an integral part of the Establishment Contract.
3.3. The Customer accepts that the General Terms and Conditions of Sale, the contractual documents providing information on the services and specific prices of each service, the order forms and the order placement methods are presented online on the Website for the purpose of the conclusion of the Establishment Contract.
3.4. The Customer declares that KOPSTER HOTEL has provided all the necessary information on the Website.
3.5. The Customer acknowledges that he/she has read and accepted these General Terms and Conditions of Sale and all the terms of the proposal before placing the order and has accepted all these terms in full.
3.6. The validation of online bookings on the Website by the Customer presupposes that the latter has consulted and accepted these General Terms and Conditions of Sale beforehand.
3.7. The Customer's agreement to these General Terms and Conditions of Sale shall be confirmed during the booking process prior to the validation of the booking.
3.8. Before placing an order for services, the Customer shall declare that the booking has been placed for his/her personal requirements.
3.9. The Customer shall have the option of saving and editing these General Terms and Conditions of Sale via the Website using the standard functionalities of his/her browser and/or computer from the “GTS” tab.
3.10. The Customer specifically accepts that the entry of the required bank information, the acceptance of these General Terms and Conditions of Sale and the validation of the booking voucher or request shall constitute an electronic signature according to Article 1316-4 of the French Civil Code which shall have the same value as a handwritten signature between the Parties.
3.11. After presenting his/her identity document as specified in Article 3.1 above, the Customer undertakes to complete the individual policy form in the countries concerned by this article in accordance with the provisions of Article R. 611-42 of the French Code governing the entry and residence of foreign nationals.
ARTICLE 4: WEBSITE CONTENT
4.1. The Website shall contain the following information:
- The identification of the company KOPSTER HOTEL indicating its corporate name, the address at which it is established, its registration number and its email address.
- The main features of the accommodation proposed (descriptions for each category of room proposed may be consulted in the “OUR ROOMS” section without having to book) in the establishment, during the booking process in the room availability calendar and when the room is chosen based on the dates selected by the Customer for the booking, may be illustrated by a photograph of a room of the same price. It should be pointed out, however, that the PHOTOS ARE NON-CONTRACTUAL insofar as the interior presentation and decorative elements as well as the room sizes differ from one room to the next.
- The price of each Service relating to the accommodation and the additional services.
- The payment methods.
- The General Terms and Conditions of Sale.
- The term of validity of the offer and its price.
- The minimum contractual term proposed if applicable.
- The absence of a right of withdrawal and, if applicable, the cancellation terms.
4.3. The Website content is the property of KOPSTER HOTEL and its associated partners and is protected by the French and international laws relating to intellectual property. The total or partial reproduction of this content is strictly prohibited and is liable to constitute a copyright infringement. Moreover, KOPSTER HOTEL shall retain ownership of all the intellectual property rights relating to the photographs, presentations, designs, drawings, advertising media, etc. created for the purpose of providing Services to the Customer. The Customer shall therefore refrain from reproducing or using said media without the specific prior written agreement of KOPSTER HOTEL, which may be conditional to financial compensation.
ARTICLE 5: BOOKING
5.1. ONLINE BOOKING METHODS
5.1.1. The Customer may choose from the Services presented on the Website, which offers the possibility to book a room or a table on the basis of transparent contractual prices with or without options or Extras, which are left to the discretion of the Customer.
5.1.2. The Customer acknowledges that he/she is aware of the nature, purpose and booking terms of the Services available on the Website and has obtained the necessary and/or additional information required in order to make the booking with full knowledge of the facts.
5.1.3. The Customer shall have sole responsibility for the choice of Services and their suitability for his/her requirements so that the liability of KOPSTER HOTEL cannot be invoked in this respect.
5.1.4. The booking shall be deemed to have been accepted by the Customer upon completion of the booking process by clicking the “PLACE MY BOOKING!” field.
5.2. ONLINE BOOKING PROCESS
5.2.1. The booking shall be confirmed upon receipt by the Customer of the booking confirmation sent by KOPSTER HOTEL or when the online payment is made by bank card under the terms and conditions set forth in Article 5.2.4. A confirmation screen will then appear online.
5.2.2. The Customer undertakes to provide the requested information prior to all bookings.
5.2.3. The Customer shall confirm the accuracy and precision of the information provided.
5.2.4. The booking procedure, which is secured under the terms and conditions of Article 9 below, includes the following stages, with the proviso that it is always possible for the Customer to go back to a page during the booking process:
- Choice of starting date of the stay (arrival) and final date of the stay (departure).
- If the arrival and departure dates are not entered, a calendar is displayed which features the available or unavailable dates for the selected establishment. The calendar displays the best possible price underneath every available date. It shows the best available price per night per customer. By clicking on the dates, the Customer can select his arrival and departure dates and then access the subsequent stages.
- Choice of number of rooms booked: the Customer determines the number of rooms chosen for the dates of his/her stay by means of a simple click. If several rooms are booked, the booking process continues room by room.
- Choice of number of adults per room: the Customer determines the number of adults per room by means of a simple click.
- Choice of number of children per room: the Customer determines the number of children per room by means of a simple click.
- Choice of rooms and associated prices: The Customer chooses by means of a simple click between the different rooms and available proposed prices based on the information entered in the previous stages including essential features such as the room category on the previously chosen date, the price, level of equipment, any Services and Extras included in special offers, the cancellation terms and payment terms. It is reminded that THE PHOTOS AND VIEWS INCORPORATED IN THE WEBSITE ARE NON-CONTRACTUAL.
- Choice of Services and Extras: the Customer may add one or more Services and Extras according to the information entered during the previous stages subject to availability by means of a simple click. These Services and Extras display prices, quantities and specific features. By clicking on “add” or “add an element”, the Customer can make a selection or enter online booking elements. This does not affect the ability to amend booking elements by backtracking through the previous booking process.
- Booking summary: a summary of the booking is displayed in a section on the left.
Final stage: registration by KOPSTER HOTEL of the booking made by the Customer and allocation of an associated booking confirmation number.
5.3. CREATION OF THE ONLINE CONTRACT
5.3.1. In accordance with Articles 3.10 and 5.2.4, the Establishment Contract shall be created when the Customer's booking is confirmed by KOPSTER HOTEL including the allocation of an associated booking confirmation number as stated in the previous article.
5.3.2. The Establishment Contract may only be created after the Customer has chosen the content of his/her booking, which has been summarised in full in the final stage of the booking process, and has accepted these General Terms and Conditions of Sale and validated the booking by clicking on the “PLACE MY BOOKING!” field. Otherwise, the booking shall be considered to have been interrupted and shall not take effect.
5.3.3. Every time an online booking is made, a summary email is sent to the Customer at the email address provided in the relevant field. This email constitutes acknowledgement of receipt of the booking and booking confirmation summarising the terms of the contract, the services booked, the prices, the price conditions associated with the selected rate, information relating to the after-sale service and commercial guarantees, if applicable, the terms of enforcement of any cancellation rights and the address of KOPSTER HOTEL to which the Customer may send any complaints.
5.4. OTHER BOOKING METHODS (EXCLUDING “ONLINE”)
5.4.1. Telephone bookings
5.4.1.1. The telephone numbers listed on the Website shall be used for telephone bookings as defined below.
5.4.1.2. When a Customer makes a booking request by telephone, KOPSTER HOTEL proposes the available prices and additional associated services depending on the Customer's request on the chosen dates. KOPSTER HOTEL shall request a telephone number and an email address to which the hotel can send these General Terms and Conditions of Sale, a summary of the booking request and, if applicable, a request for bank details so that the booking can be registered with or without payment during the price reservation process and a deposit or guarantee provided with bank card details according to the applicable price determined by the Customer at the time of the booking request.
5.4.1.3. All the information and conditions demanded by KOPSTER HOTEL in response to the Customer's telephone booking request are mandatory formalities required for registering the Customer's booking request made by telephone. Without this information the booking cannot be validated or confirmed.
5.4.1.4. Failure to return the information demanded by KOPSTER HOTEL, at the very least by email, will result in the Customer having no grounds or cause for complaint that his/her booking was not registered, as the Establishment Contract will not have been constituted on account of his/her failure to provide this information and to fulfil these conditions. Only written confirmation of the registration of the booking shall be valid for conclusion of the contract.
5.4.2. Email bookings
5.4.2.1. The email address indicated on the Website page shall be used for email bookings as defined below: reservation@kopsterhotel.com
5.4.2.2. When the booking request is made by email, KOPSTER HOTEL shall propose the available prices and associated additional services according to the Customer's request on the chosen dates, by return of email to the address from which the booking request has been made. KOPSTER HOTEL shall send, by the same return of email, these General Terms and Conditions of Sale, a summary of the booking request and, if applicable, a request for bank details so that the booking can be registered with or without payment during the price reservation process and a deposit or guarantee provided with bank card details according to the applicable price determined by the Customer at the time of the booking request.
5.4.2.3. All the information and conditions demanded by KOPSTER HOTEL in response to the Customer's email booking request constitute mandatory formalities required for registering the Customer's booking request made by email. If the Customer making an email booking request fails to fulfil the requirements set forth by KOPSTER HOTEL in these General Terms and Conditions of Sale, the former shall have no grounds or cause for complaint that his/her booking was not registered. Only written confirmation of the registration of the booking shall be valid as acknowledgement.
5.5.Right of Withdrawal/Cancellation by the Customer
5.5.1. The Customer is reminded, in accordance with Article L. 121-20-4 of the French Consumer Code, that the right to withdrawal provided for in Article L. 121-20 of the French Consumer Code shall not apply if the services are provided on a specific date or according to a defined schedule.
5.5.2. Without prejudice to the provisions set forth in Article 5.5.1, the contractual terms and conditions may, if applicable, provide for a right to cancellation depending on the content of the booking validated by the Customer, as indicated for each price, if the booking is made on the basis of “Flexible rates”. In this case, the Customer shall have been made aware of the associated cancellation terms and conditions which are equally highlighted during the different stages leading to payment.
5.5.3. If the special price conditions allow, either for bookings made on the basis of “Flexible rates” or those made on another basis referring specifically to benefiting from this cancellation right, the Customer's right to cancellation must be exercised before 6 p.m. on the day before his/her arrival (Paris, France time). Late notification of the cancellation shall result in the application of a late cancellation fee corresponding to the first night of accommodation plus any Extras featuring in the Customer's booking, according to the applicable price including all taxes for the booking validated by the Customer.
5.5.4. The right to cancellation defined in Article 5.5.2 may be applied by the Customer on the Website on the “My Account” page after connecting with the confirmation number or email address and password. The booking can then be cancelled using the “Option” tab. By clicking on the “CANCEL MY BOOKING” button, the cancellation shall be confirmed immediately and all package deals associated with this booking shall also be cancelled. An email confirming the cancellation shall then be sent to the Customer.
5.5.4.1 Depending on the offers selected by the Customer, cancellation by telephone may also be possible. This must be accompanied by a mandatory email sent by the Customer and will be followed up with an email confirming the cancellation sent by KOPSTER HOTEL.
5.5.5. If the stay is interrupted, the entire agreed price shall be collected in full with no right to reimbursement, credit note or exchange for the Customer for the part of the stay not availed of in the Establishment. No reimbursement shall be granted for bookings paid for at the time the booking was placed.
5.5.6. Unless specifically agreed otherwise, notably if associated Extras have been reserved, the Customer must vacate the room before 12 noon on the final date of his/her stay. Otherwise, a Late Check-Out option may be offered subject to availability. This shall be charged at a rate of 50% of the price stated for the room on the date of the Late Check-Out. This rate will expire at 6 p.m. French time. After that time, the price of an additional night shall be charged. The prices per night shall vary depending on the room occupied and the date concerned. If a room is not made available, KOPSTER HOTEL reserves the right to access the non-vacated room in order to prepare it for new guests.
5.5.7. Without prejudice to the application of the right to cancellation under the terms and conditions set forth in Article 5.5 for “Flexible rates”, a no show by a Customer at the Establishment (booking not cancelled in the case of a right to cancellation and Customer not present) without KOPSTER HOTEL having been notified to take possession of the booked room, shall result in cancellation of the entire booking with the night or nights booked being made available once again. Payment shall be automatically demanded for the costs associated with the first night booked, including any Extras, plus tax without the Customer being eligible for any reimbursement.
5.5.8. The terms and conditions set forth in Article 6 shall prevail for all booking methods: Internet, email or telephone.
ARTICLE 6: RATES & PRICES
6.1. The prices associated with the reservation of services shall be indicated before and during the booking process. The prices shall be valid in real time and shall be presented in the terms and conditions provided for in Article 5.2.4. Similarly, in the case of other booking methods by telephone or email, the prices shall be valid at the time of the booking request made by the Customer. In all events, the special price conditions associated with each price/room type, or additional services, shall be presented beside each service booked by the Customer.
6.2. The prices stated apply per adult per room and, unless a specific Extra is selected, the chosen price shall by default apply if the room is accessed (check-in) by the Customer from 3 p.m. and vacated (check-out) by 12 noon. A credit card imprint and an identification document shall be requested at the time of check-in. KOPSTER HOTEL reserves the right to debit the credit card whose imprint was provided at the time of check-in if the Customer does not appear by the check-out time.
6.3. The prices are subject to value added tax (VAT) and are displayed inclusive of tax at the rate in force at the time of confirmation of the booking, in Euros or in the currency chosen by the Customer. The prices displayed are only valid for the duration indicated on the Website.
6.4. If the payment is made in a currency other than that of the Customer's country of residence, the Customer shall be required to cover the exchange costs.
6.5. All bookings shall be payable in Euros as stated during the booking process.
6.6. Unless stated otherwise, additional services such as breakfast and other Services and Extras which may have been selected shall not be included in the price. However, the price of these additional services validated in the Customer's booking shall be payable during the online or off-line booking process for prices which differ from the “Flexible rate”. These prices shall also be subject to VAT at the rate in force when the booking was made and, if applicable, according to the applicable regulations for these categories of product or service at a different rate from the one applicable to room bookings.
6.7. Tourist tax: Décines-Charpieu: €1.65 per adult/night
6.8. The prices take into account the applicable VAT on the order date and any changes in rates applicable to VAT shall be automatically reflected in the prices stated, notably in the event of a change to the applicable rate on the date of the stay and any Extras selected compared with the rates applicable at the time of booking.
6.9. If a rate requires that payment be made to the Establishment at the beginning or end of a stay and the Customer's currency is not the same as that of the country in which the Establishment is located, the price debited by the latter may differ from the one indicated at the time of the booking in view of possible exchange rate alterations between the booking date and the dates of the stay in the Establishment.
6.10. Any items taken from the room during the stay shall be charged for at the applicable rates which can be obtained from the Establishment's reception.
6.11. In the event of damage to the room, common areas or particular items or in the case of the theft of decorative items, KOPSTER HOTEL reserves the right to charge the Customer for the damage caused or the stolen items.
ARTICLE 7: PAYMENT
7.1. The Customer shall provide his/her bank details to guarantee the booking except in the case of special terms or prices demanding online payment as stipulated during the booking process and notably those proposed in the “Best available prices” section.
The entry of the means of payment is secured by SSL encryption. The Customer shall be asked to provide the following information in order to complete the booking: card number, validity date and visual cryptogram in the case of online payments via the payment platform provided for this purpose. The same shall apply in the case of bank details requested in the context of bookings made by telephone or email according to the specified form requirements which either demand payment when the booking is made or a guarantee in the form of a bank card imprint depending on the booking price.
7.2. The payment shall be debited by the Establishment during the stay except in the case of special terms or prices when it is debited when the booking is made for prices subject to payment at the time of booking, in accordance with special contractual terms and conditions accepted beforehand by the Customer.
7.3. The service provider chosen by KOPSTER HOTEL to secure online payment by bank card shall verify the validity of the Customer's payment card. A payment card may be refused for a number of reasons: stolen card, blocked card, credit limit reached, input error, etc. In case of difficulties or restrictions, the Customer shall first contact his/her bank to ascertain the reasons and secondly the Establishment to confirm the booking and payment method.
7.4. If the Customer books several rooms but online payment is only required for one room during the booking process, for example, the payment card used on the payment platform can be used, on the one hand, to pay for the room for which online payment is required during the booking process and, on the other as a guarantee for the other rooms.
7.5. When the online payment is made and, in all events, when it is demanded during the booking process, the total amount debited for the booking shall include: the price of the accommodation, the taxes associated with the accommodation and the price of any additional services or Extras.
7.6. In the case of prices for which online payment is required, the corresponding amount shall be debited upon completion of the booking by the Customer by means of an online digital debiting process.
7.7. After a stay at KOPSTER HOTEL and regardless of the booking method used, an invoice shall be drawn up in duplicate by KOPSTER HOTEL with one copy being provided or sent by email to the Customer on his/her departure from the Establishment.
7.8. During the Customer's stay, if the online payment has not been made during the booking process and if the total amount of the Customer's invoice exceeds 400 Euros, the management may demand payment for the service provided during the stay in the forms provided for in this Article 7.
7.9. Payments by cheque shall not be accepted for temporary accommodation services and/or catering services and/or any other services or sales of products presented by KOPSTER HOTEL to the Customer during his/her stay in the Establishment.
7.10 In all events, any Extras or other services which may have been reserved and provided by KOPSTER HOTEL during the Customer's stay which were not paid for when the booking was made shall be settled by the Customer at the latest when he/she checks out.
ARTICLE 8: COMPLAINTS
8.1. The Customer should send any complaints to the Establishment by letter or email at the latest within 7 days of the end of the stay:
KOPSTER HOTEL
12 rue Simone Veil
69150 Décines-Charpieu
hello@kopsterhotel.com
8.1. KOPSTER HOTEL shall guarantee the conformity of its services under the terms and conditions set forth in Article L. 111-2 et seq of the French Consumer Code without prejudice to any additional contractual guarantees which may have been specifically agreed upon between the Parties outside the context of these General Terms and Conditions of Sale according to a written contract which has been duly signed by the Parties.
8.2. KOPSTER HOTEL shall strive to ensure that the photographs, graphic representations and texts provided give as accurate an impression as possible of the accommodation, catering and other additional services proposed. However, THE PHOTOGRAPHS ARE NON-CONTRACTUAL as, on the one hand, the rooms are all of different dimensions even if their prices are identical and, on the other, variations may occur notably due to a change in furniture, new decorations or possible renovations. Subject to availability, with the exception of a booking made with a specific request for a certain room which is confirmed in writing by KOPSTER HOTEL, the Customer shall not be justified in issuing complaints in this context if these variations do not relate to the essential features of the service.
8.3. KOPSTER HOTEL shall not be held responsible for failure to complete a booking or the partial completion of the latter in the case of a force majeure event or an event caused by third parties, the Customer or its associated partners such as the inaccessibility of the Internet or the Website, external intrusion, a computer virus or, in the case of online payments, refusal by the bank to authorise the transaction.
8.4. Whilst KOPSTER HOTEL provides WIFI Internet access in the Establishment and, more specifically, in the rooms, restaurant and common areas, in the event of a complete or partial breakdown of this service which is not the fault of the Establishment for any reason whatsoever during the stay in the Establishment, the Customer shall not be permitted to cancel the booking or receive reimbursement or any compensation whatsoever.
8.5. KOPSTER HOTEL shall not be held responsible for direct and/or indirect damage, in particular loss of profit, or loss of business on account of third parties, the Customer or its associated partners.
8.6. Hypertext links on the Website may link to sites other than the one operated by KOPSTER HOTEL who relinquishes all responsibility for the content of these sites and the services offered.
8.7. Safes shall be available for use by Customers in each room. The Establishment shall not be held responsible under any circumstances for theft or damage caused to valuables left by the Customer in rooms or vehicles parked in the Establishment's car park.
8.8 KOPSTER HOTEL shall not be held responsible for damage caused by animals present in the Establishment, which shall remain the responsibility of their owner or guardian in accordance with the provisions of Article 1242 of the French Civil Code. KOPSTER HOTEL reserves the right to charge the owner or guardian for any damage caused.
ARTICLE 9: DATA PROTECTION, PRIVACY AND IMAGE REPRODUCTION RIGHTS
9.1. The information requested from the Customer during the booking process, which is totally secure from start to finish, is required for the processing of the booking and shall be passed on to KOPSTER HOTEL and/or its online payment service provider.
9.2. In accordance with the provisions of Law n°78-17 of 6 January 1978 relating to data protection, each Customer shall have the right to access, amend, correct and delete information which concerns them under the terms and conditions provided for by the law and regulations in force by contacting KOPSTER HOTEL. The Customer shall also be granted the right to oppose the processing of data which concerns him/her on legitimate grounds. If the Customer requires further information, he/she may refer to the Charter on the Protection of Personal Data [Charte de protection des données personnelles], established by the Lavorel Hotels group governing all personal data collected for each Customer.
9.3. The Customer is hereby informed that the personal data collected during the booking process shall be automatically processed under the responsibility of KOPSTER HOTEL. If the Customer requires further information, he/she may refer to the Charter on the Protection of Personal Data established by the Lavorel Hotels group.
9.4. The Customer's bank details shall be passed on by the payment service provider to the Establishment's bank for implementation of the Establishment Contract particularly in the case of online payments. The Customer is hereby informed that this data transfer may be carried out in foreign countries which are not in possession of adequate data protection facilities in accordance with the Law n°78-17 of 6 January 1978 (Art. 69). However, the Customer shall agree to this transfer for the execution of his/her contract. The payment service provider undertakes with regard to KOPSTER HOTEL to apply all the necessary measures in terms of security and compliance with data confidentiality for said data transfers.
9.5. The reservation of overnight stays and/or Extras in the Establishment concerned and their use by Customers and/or their companions, or even the simple presence within the Establishment, shall in no way grant authorisation for any audio-visual recordings, shots or photographs whether on the premises or in buildings associated with the Establishment including the rooms, with a view to their commercial, promotional or advertising use, use for press relations, public relations, Website illustrations, etc. and more generally, any collective use which could involve a public audience. The interior architecture and graphic creations decorating the common areas and rooms in the Establishment are protected by copyright which shall be reserved in its entirety. All audio-visual recordings, photographs, reproductions or representations of images comprising the premises and buildings associated with the Establishment concerned, except in the case of strictly private use, are subject to the prior authorisation of KOPSTER HOTEL and liable to copyright infringement, sanctioned under the civil and criminal provisions of the French Intellectual Property Code.
ARTICLE 10: MISCELLANEOUS
10.1. These General Terms and Conditions of Sale are governed by French law.
10.2. If one of the provisions of these General Terms and Conditions of Sale is declared null and void in any way and on any grounds whatsoever, it shall be deemed unwritten and shall not bring about the invalidity of the other provisions.Any disputes arising between the Parties in the context of the interpretation and/or execution of these General Terms and Conditions of Sale shall, in the absence of an amicable agreement, be submitted to the exclusive competence of the competent court within the remit of the Court of Appeal of Lyon, with the exception of disputes concerning non-business persons for whom the legal rules of allocation of competence shall apply.
10.3. All rooms are no-smoking areas. If the Customer lights a cigarette inside the Establishment, KOPSTER HOTEL will be legally bound to charge a fine of 300 Euros to the Customer’s bank card.