General terms and conditions
Capitalized terms used herein without prior definition shall have the meanings set forth below:
“Customer” means a natural person of legal age, acting for his/her own personal needs and having full legal capacity to enter into commitments hereunder.
“Conditions of sale of the reserved fare” refers to the specific conditions of each reservation made by the Customer.
“Reservation Confirmation” means the document summarizing the details of the reservation made by the Customer, sent by the website or the Hotel to the Customer.
“Reservation Request” refers to any request made by the Customer to reserve a hotel studio.
“Hotel” refers to the SeaYouSoon SASU hotel with capital of €5,000, whose registered office is located at 7, rue de la Pompe- 06400 CANNES, registered with the RCS under number 797 823 788.
“Partners” refers to all service providers who have entered into a service contract or partnership agreement with the Hotel.
“Service” refers to any studio reservation service provided by the Customer on the Hotel’s website.
“Hotel website” refers to the website dedicated to the Hotel, accessible at https://SeaYouSoonCannes.com.
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of Studio reservation services and related services (‘the Services’) offered by the Hotel (‘the Provider’ or ‘the Hotel’) to consumers and non-professional customers (‘the Customers’ or ‘the Customer’) on the Hotel’s website.
The main features of the Services are presented on the Hotel’s website.
It is the Customer’s responsibility to familiarize himself/herself with them before making a reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares:
● Have full legal capacity to enter into commitments under these General Terms and Conditions of Sale.
● To reserve studios and related services for his/her personal needs.
● Be able to save and print the present General Sales Conditions.
The contact details of the Hotel are as follows:
SeaYouSoon Inn Cannes
7, rue de la Pompe
06400 CANNES
These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to other sales channels for Services.
The Customer is hereby informed that the Hotel has entered into partnership agreements with third-party travel service providers in order to enable the Customer to search for, select and reserve studios in the Hotel by using the services offered by these partners on their websites. Any studio reservation made under these conditions implies the Customer’s full and unreserved consultation and acceptance of the service provider’s special terms and conditions, the terms and conditions of sale for the rate booked and these general terms and conditions of sale. The Customer declares that he/she has obtained all necessary information from the Hotel, which is available on the website.
The present General Terms and Conditions of Sale are accessible at all times on the Hotel’s website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Customer. Thus, the entry of bank details, the acceptance of the General Terms and Conditions of Sale, the Tariff Terms and Conditions of Sale or the Reservation Request have the same value between the Hotel and the Customer as a handwritten signature on paper. The computerized records stored in the Hotel’s computer systems shall be kept under reasonable security conditions and shall be considered proof of communication, orders and payments between the Hotel and the Customer.
The Hotel shall keep the written record of the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
Customers are informed that their IP address is recorded at the time of booking.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and object to all personal data at any time, by writing in writing and providing proof of identity to : SeaYouSoon Inn Cannes – 7, rue de la Pompe – 06400 CANNES
The present General Terms and Conditions of Sale also include the Personal Data Charter.
The Customer declares that he/she has read these General Terms and Conditions of Sale (including the Privacy Policy) and has accepted them by checking the appropriate box before proceeding with the online booking procedure, as well as the General Terms and Conditions of Use of the Hotel’s website.
Validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the Hotel’s website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website at the date of the reservation.
These General Terms and Conditions of Sale are applicable while the services offered by the Hotel are online on the Hotel’s website. The Hotel reserves the right to temporarily or permanently close access to its website.
ARTICLE 2 – Reservations
The Customer selects on the website the services he wishes to reserve, according to the following procedures:
1. Selection of studio type and rate
2. Selection of any additional services
3. Verification and validation of booking details, total booking amount, price conditions.
4. Provide contact details
5. Enter credit card details in case of guarantee or prepayment.
6. Consultation and acceptance of the general conditions of sale and the conditions of the selected fare before validating the booking.
7. Confirmation of booking
The Customer acknowledges that he/she has read and understood the nature, purpose and reservation terms of the Services offered by the Hotel, and that he/she has requested and obtained the information necessary to make a reservation with full knowledge of the facts. The Customer is solely responsible for his or her choice of services and their suitability for his or her needs, and the Hotel cannot be held liable in this respect.
The Customer undertakes to complete the information requested on the reservation request and attests to the truthfulness and accuracy of the information provided.
Contractual information is presented in French and is confirmed at the latest when the reservation is validated by the Customer.
For bookings made exclusively via the Internet, a booking is registered on the Service Provider’s website when the Customer accepts these General Terms and Conditions of Sale by ticking the appropriate box and validates the booking. The Customer has the opportunity to check the details of his reservation, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the French Civil Code). Confirmation implies acceptance of the present General Sales Conditions in their entirety, and constitutes proof of the sales contract.
It is therefore the Customer’s responsibility to check the accuracy of the reservation and to immediately report any errors.
The sale of Services will only be considered definitive once the Service Provider has sent the Customer confirmation of acceptance of the reservation by e-mail, and once the Service Provider has received the full price or the 30% deposit.
Any reservation made on the Hotel’s website constitutes the formation of a distance contract between the Customer and the Supplier.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute over payment of a previous reservation.
Each reservation is nominative and may under no circumstances be transferred to a third party.
Cancellation, modification of a reservation :
In the event of cancellation of the reservation by the Customer after its acceptance by the Hotel more than 30 days before the scheduled date of stay, for any reason whatsoever, a sum corresponding to 30% of the amount of the stay will be automatically acquired by the Provider and invoiced to the Customer, by way of damages, in compensation for the prejudice suffered.
In the event of cancellation by the Customer, 30 days or less before the scheduled date of stay for any reason whatsoever, a sum corresponding to 100% of the total amount of the stay will be automatically acquired by the Provider and invoiced to the Customer. The same shall apply in the event of the Customer’s failure to arrive on the scheduled arrival date.
ARTICLE 3 – RATES
The Services offered by the Provider are provided at the rates in effect on the Hotel’s website at the time the reservation is recorded by the Provider. Prices are expressed in Euros and include VAT.
Rates take into account any discounts granted by the Supplier under the conditions specified on the Hotel’s website.
These rates are firm and non-revisable during their period of validity, as indicated on the Hotel’s website, the Provider reserving the right, outside this period of validity, to modify prices at any time.
Rates are quoted before and at the time of booking. They are per studio for the number of people and the date selected.
Rates are confirmed to the Customer in the Hotel’s commercial currency, inclusive of all taxes. They take into account the rates applicable on the day of booking; any change in the applicable rate will automatically be reflected in the rates indicated on the billing date. The same applies to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
The payment requested from the Customer corresponds to the total amount of the purchase, including tourist tax.
Conversion into foreign currency is given for information only and is non-contractual. If a rate involves payment directly to the Hotel on the Customer’s arrival or departure, and the Customer’s currency is not the same as that of the Hotel, the rate debited by the Hotel may be different from that communicated at the time of booking, taking into account changes in the exchange rate between the date of booking and the date of payment.
ARTICLE 4 – PAYMENT TERMS
In the case of cash payment on the day of booking or the 30% deposit:
Payment on the day the reservation is confirmed by the Customer, in accordance with the terms specified in the “Reservations” article above, by secure payment:
– by credit card: Visa, MasterCard, American Express.
At the time of booking, the Customer provides his/her bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end date of the stay) and the cryptogram.
Payment data is exchanged in encrypted mode using SSL protocol.
The customer must present the credit card used to pay for the reservation at the hotel. The Customer may be asked to show proof of identity in order to prevent credit card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in accordance with the above conditions.
Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.
In the event of cash payment or payment of the balance of 70% upon provision of the Services:
The price is payable in cash, in full, on the day of provision of the Services booked under the conditions defined in the “Provision of Services” article below and as indicated on the invoice sent to the Customer, by secure payment:
– by credit card: Visa, MasterCard, American Express.
Payment data is exchanged in encrypted mode using SSL protocol.
The Customer may be asked to show proof of identity in order to prevent credit card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not first been paid in full in accordance with the above conditions.
Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.
ARTICLE 5 – Provision of Services
The Services booked by the Customer, which include studio reservations and ancillary services, will be provided in accordance with the following terms and conditions, under the conditions set out in these General Terms and Conditions of Sale, supplemented by the Tariff Terms and Conditions of Sale, which the Customer has read and accepted when booking on the Hotel’s website.
On arrival, the Customer will be asked to show proof of identity to ensure that he/she is required to complete a Police Form.
The Hotel is an entirely non-smoking area. The customer will be held responsible for any direct and/or indirect, consequential damage resulting from smoking in the Hotel. They will therefore be liable for the full cost of cleaning and restoring the damaged item or area to its original state.
Pets are not allowed in the hotel.
Any personal belongings left in the hotel studio or in the public areas of the hotel are the sole responsibility of the customer. The Hotel cannot be held responsible for the loss, theft, deterioration or damage caused to said belongings.
The customer accepts and undertakes to use the studio in good manners. Any behavior contrary to good morals and public order will lead the hotel to ask the customer to leave the establishment without any compensation or refund if payment has already been made. If no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
The customer will be held responsible for all direct and/or indirect, consequential damage caused by him/her in the studio reserved or which he/she may cause within the hotel. Consequently, he/she undertakes to compensate the Hotel for the amount of said damage, without prejudice to any damages and interest that may be due, as well as legal and court costs incurred by the Hotel.
WIFI access (free of charge) enabling customers to connect to the Internet may be offered in accordance with the Hotel’s current policy. The customer undertakes to ensure that the computer resources made available by the hotel will not be used in any way for the purpose of reproducing, representing, making available or communicating to the public works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorization is required. Should the customer fail to comply with the aforementioned obligations, he or she runs the risk of being accused of counterfeiting (article L.335-3 of the French Intellectual Property Code), punishable by a fine of 300,000 euros and three years’ imprisonment. The customer is also required to comply with the security policy of the hotel’s Internet service provider, including the rules governing the use of security measures implemented to prevent the unlawful use of IT resources, and to refrain from any action that might undermine the effectiveness of these measures.
Unless expressly agreed otherwise, the studio will be made available to the Customer on the day of arrival at 3 pm and the Customer will leave the studio on the day of departure at 11 am. Failing this, an additional night will be charged to the Customer. Customers must check their departure date. In the event of early departure, a fee equivalent to the total remaining stay will be charged.
The Service Provider undertakes to use its best efforts to provide the Services booked by the Customer, on a best-efforts basis.
The Customer shall have a period of 8 days from the date of departure from the Hotel in which to make any reservations or complaints concerning the provision of the Services, in writing, to the Hotel, together with all relevant supporting documents.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
In the absence of reservations or complaints expressly made within this time limit by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the reservation, in terms of quantity and quality.
In the event of relocation:
In the event of an exceptional event, force majeure or the impossibility of making the reserved studio available to the Customer, the Hotel reserves the right to accommodate the Customer in whole or in part in a hotel of an equivalent category, for services of the same nature and subject to the Customer’s prior agreement.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with article L 221-28 of the French Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the French Consumer Code, given the nature of the services provided.
The contract is therefore definitively concluded as soon as the reservation is made by the Customer in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 – Service Provider’s liability – Warranty
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect, arising from a failure to perform the Services reserved and effectively paid for under the conditions and according to the terms defined in these General Terms and Conditions of Sale.
The Services provided via the Hotel’s website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which must be verified by the Customer, who is solely responsible for the choice of Services requested.
ARTICLE 8 – Data protection
In accordance with the French Data Protection Act 78-17 of January 6, 1978, we remind you that the personal data requested from the Customer is necessary for the processing of his/her reservation and, in particular, for the preparation of invoices.
This data is processed and intended for use by the Hotel, and may be communicated to any partners entrusted with the execution, processing, management and payment of reservations and the Customer’s stay.
The Hotel may also send its customers newsletters, promotional offers and satisfaction surveys by e-mail.
The processing of information communicated via the Hotel’s website has been declared to the CNIL.
In accordance with current national and European regulations, customers have a permanent right of access, modification, rectification and opposition with regard to information concerning them.
This right may be exercised under the terms and conditions defined on the Hotel’s website.
The personal data protection policy can be consulted in the Personal Data Protection Charter available on the Hotel’s website.
ARTICLE 9 – Intellectual property
The content of the Hotel’s website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 – Unforeseeability
The present General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the French Civil Code for all Service operations from the Service Provider to the Customer. The Service Provider and the Customer hereby waive the right to avail themselves of the provisions of Article 1195 of the French Civil Code and of the unforeseeable circumstances provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
ARTICLE 11 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is due to a case of force majeure, as defined in article 1218 of the French Civil Code.
Article 12: MISCELLANEOUS PROVISIONS
The present General Terms and Conditions of Sale, the Personal Data Charter, the Terms and Conditions of Sale of the fare booked by the Customer, the Booking Request, the Booking Confirmation by the Customer, constitute the entire agreement of the parties within the limits of its purpose. They consequently replace and cancel, within this limit, any prior verbal or written agreement.
No tolerance, whatever its nature, scope, duration or frequency, may be considered as creating any right whatsoever and may not lead to limiting in any way whatsoever the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction whatsoever.
Any clause of the present General Terms and Conditions of Sale which may be declared null and void or illegal by a competent judge shall be rendered ineffective, but its nullity shall not affect the other stipulations, nor the validity of the General Terms and Conditions of Sale as a whole or their legal effect.
ARTICLE 13 – Applicable law – Language
The present General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 14 – Disputes
Any and all disputes arising out of or in connection with the purchase and sale transactions entered into pursuant to these general terms and conditions of sale, concerning the validity, interpretation, performance, termination, consequences and consequences thereof, and which cannot be resolved between the Hotel and the Customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 15 – Pre-contractual information – Customer acceptance
The Customer acknowledges having been provided, prior to the booking and conclusion of the contract, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information:
● the essential characteristics of the Services, taking into account the communication medium used and the Service concerned ;
● the price of the Services and related charges;
● in the absence of immediate execution of the contract, the date or deadline by which the Service Provider undertakes to provide the reserved Services;
● information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- information on legal and contractual warranties and how they apply;
- the functionalities of digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information on important contractual conditions.
- the means of payment accepted.
The fact that a natural person (or legal entity) makes a reservation on the Hotel’s website implies full and complete acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.