GENERAL TERMS AND CONDITIONS
This site is published by HOTEL CORPORATE SYSTEM, a simplified joint-stock company with capital of 100 000 €, entered in the Nanterre Trade and Companies Register with No. 519 693 212, with its registered office at 82 rue Henri Farman, 92130 Issy-les-Moulineaux,, France.
HOTEL CORPORATE SYSTEM offers an accommodation and travel booking service on its website “www.hcorpo.com” (hereinafter, the “Site“).
ARTICLE 1 – DEFINITIONS, PURPOSE AND SCOPE OF APPLICATION
The definitions hereinafter shall have the same meaning regardless of whether they appear in the singular or in the plural.
- “User” means any person using the Site to browse, obtain information, reserve, order and/or buy one or more Services offered on the Site.
- “Partner” means all Services providers (hotelier, transfer agent, insurer).
- “Service” means all accommodation, travel and insurance services offered on the Site.
- “Order” means any reservation made and confirmed by the User on the “www.hcorpo.com” website.
- “Specific Conditions” means the contractual conditions specific to each Service (whatever their designation: “Conditions and restrictions” etc.), which can be accessed on the Site prior to confirmation of each Order.
- “Special Agreement” means any contract signed between HOTEL CORPORATE SYSTEM and the User or his/her representative making specific provisions that deviate from the present general terms and conditions of sale.
- “Consumer” means any person who is the beneficiary of the Services
On the Site, HOTEL CORPORATE SYSTEM operates a centralized reference platform with descriptions and availability information for hotels. The Site constitutes a technological interface allowing Users to supply information on Services offered to Customers directly or indirectly by Service Providers, and enabling the User to reserve the said Services with Service Providers by placing an order on HOTEL CORPORATE SYSTEM platform.
HOTEL CORPORATE SYSTEM offers to the User a tool to enable him/her to reserve a Service on behalf of his/her Customers, whilst HOTEL CORPORATE SYSTEM aims to ensure that such Orders and payment therefore are communicated to the Service Provider; thus such Orders are taken into account and accept by the Service Provider through HOTEL CORPORATE SYSTEM as intermediary.
Such Orders are given effect by provision of a voucher (see Article 2.2 Placing, Amending and Cancelling Orders hereinafter).
In consequences, HOTEL CORPORATE SYSTEM acts solely as an intermediary between the Service Provider and the User and can not be considered as acting as reseller of the Service Provider.
Under no circumstances does HOTEL CORPORATE SYSTEM constitute a travel agent within the meaning of the article L211-1 of the French Tourism Code.
1.3 Scope of application
The present general terms and conditions of sale (hereinafter, “General Terms and Conditions“) shall govern the offer and provision of Services.
Ordering Services is a facility reserved for only those Users who are familiar with the General Terms and Conditions in their entirety and who have accepted the said terms and conditions by checking the box or clicking on the hypertext link provided for this purpose. In the absence of such acceptance, it is impossible for the User to proceed with the ordering process. Consequently, completion of the ordering process on the Site requires the User’s express acceptance of the present General Terms and Conditions.
Specific Conditions of our Partners (hereinafter, “Specific Conditions”) also apply to the offer and provision of Services in the same way as the General Terms and Conditions. Acceptance of the Specific Conditions by the User is effected when a firm order is placed.
Thus being the confirmation.
The General Terms and Conditions are valid from 1st April 2010 and may be amended at any time, without notice, it being understood that such amendments shall not apply to orders for Services which have already been placed. It is thus imperative that the User reads and accepts the General Terms and Conditions when placing his/her order, in particular, in order to ensure consultation of the provisions currently in force.
ARTICLE 2 RESERVATIONS
2.1 Capacity – Site Use
The objective of the Site is to help the User to research Services and to place appropriate Orders. The User must have legal capacity to enter into contractual agreements and to use the Site in compliance with the General Terms and Conditions.
A user name and password shall be provided by HOTEL CORPORATE SYSTEM to enable connection to the Site. The said password facilitates online reservation and cancellation of Services (hotels, transfer, etc.). It is strictly personal and confidential and providing the password to other users or to third parties shall constitute breach of contract.
Except in the event of fraud, in which case the User is required to supply evidence thereof, the User bears financial responsibility for his/her actions on the Site, in particular, for all use made employing his/her user name and password. Similarly, the User shall ensure the veracity and accuracy of his/her information provided on the Site.
Fraudulent use of the Site or use in contravention of the present General Terms and Conditions shall entitle the User to be refused access, at any time, to the Services offered by HOTEL CORPORATE SYSTEM or to other Site functions.
2.2 Placing, Amending and Cancelling Orders
The HOTEL CORPORATE SYSTEM reservations system is available to companies and must only be used for individual customers. Reservations can be made for a maximum of 4 rooms. Reservations for groups must be requested by completing the specific form which you will find under the menu: “GROUP PRICING”.
Dividing groups into individual orders is not permitted. HOTEL CORPORATE SYSTEM reserves the right to cancel reservations added to the system by the User where these seem to us to constitute reservations for groups rather than for individuals and where reservations appear to us to have the sole objective of blocking rooms.
In the event of a difference between the terms and conditions of the reservation and site conditions, the terms and conditions of the reservation shall prevail.
Confirmation of the Order, which includes its key elements, such as identification of the Service/s ordered and the price, is indicated to the User at the end of the order process and given effect by a voucher which should be provided to the hotel or Service Provider as proof of the Order.
All terms for cancellation, correction of Orders and/or refund are directly accessible on the Site prior to reservation and are also provided on the confirmation of Order.
In the absence of particular provisions set out on the Site prior to reservation, any amendment (change of departure or arrival date, destination, accommodation) or cancellation sought by the User shall entail, with the exception of force majeure events and unless more favourably agreed with the relevant Partner, an indemnity payment in a sum corresponding to 100% of the price of the Services.
All amendments and cancellations must always be effected by means of the Site. Access to the message by HOTEL CORPORATE SYSTEM or by the relevant service provider shall constitute evidence of arrival in the event of delays, amendment or cancellation. In order to be valid, cancellations must be made via the Site and, where the latter is impossible, in writing. Cancellations must not be made by telephone.
In the event that a refund to the User is agreed, sums previously paid shall be the object of an asset to be applied to the sums due to the User by HOTEL CORPORATE SYSTEM.
Delays to air, rail or other ground travel which lead to late registration shall not release the User from his/her obligation to meet the financial cancellation terms set out in the present General Terms and Conditions.
It is expressly agreed that, unless in the event of clear error on the part of HOTEL CORPORATE SYSTEM of which the User shall adduce evidence, data stored in the information system of HOTEL CORPORATE SYSTEM and/or its Partners shall have probative force in terms of orders made by the User. Data stored on computer or electronic device shall constitute valid evidence and, as such, is admissible under the same terms and with the same probative force as any document done, received or maintained in writing.
ARTICLE 3 – SERVICE DETAILS
The object of the present article is to set out details of Services provided, in the interests of informing the User. The said details are not exhaustive and do not replace the Partners’ Specific Conditions.
The User undertakes to become familiar with any administrative and/or health requirements necessary to take the trip in question. It is incumbent upon the User to meet such requirements – police, customs and health requirements – by means, in particular, of obtaining a passport, national identity card, residence card, parental permission, visa, medical certificate, vaccination card, and the User shall bear any expenses thereby incurred.
We would draw the User’s attention to the fact that the law in certain countries requires passport validity in excess of 6 months beyond the return date. Furthermore, children who are 15 years old or younger absolutely must possess identity papers in their own name. If the User finds it impossible to depart on the specified date, notably as a result of failure to observe such administrative and health requirements, the price paid cannot be refunded under any circumstances.
We wish to draw the User’s attention to the fact that additional, local taxes may be imposed by the local authorities in certain countries (tourist tax, resort fee, etc.) and must be paid on the spot. Such additional, local taxes, where in existence, are payable by the User.
ARTICLE 4 – FINANCIAL CONDITIONS AND METHOD OF PAYMENT
4.1 Pricing and Taxes
Service descriptions presented on the Site specify, for each Service, the features included in the price. Prices are provided in Euro. Prices are deemed to be definitive upon confirmation.
Service prices are generally understood to include all taxes, fees and expenses for the relevant service. Fees and expenses for the Service correspond to the costs associated with the Services ordered by the User, borne by the Partners; notably, indirect taxes (VAT and other similar taxes) and other expenses necessary to process the User’s orders.
Certain taxes or additional expenses (tourist tax, resort fee, visa fee and/or tourist card, etc.) may be imposed by the authorities in certain countries. Such taxes or additional expenses are not included in the Service price. Additional taxes, where in existence, are chargeable to the Customer and may need to be paid on the spot.
HOTEL CORPORATE SYSTEM is entitled to alter the price after receipt of order confirmation only in the event of changes to taxes, VAT or other factors outside our control.
Furthermore, generally, and unless otherwise stated to the contrary, the following are not included in the price: all expenses of a personal nature or incidental to the service provided, such as insurance, excess baggage fees, vaccination costs, laundry expenses, telephone expenses, drinks, room service, tips, charges for excursions and use of sports facilities, and, more generally, any service not expressly included in the confirmation of reservation. Customers must pay any additional expenses owing directly to the hotel prior to their departure. HOTEL CORPORATE SYSTEM shall not, in any case, reimburse hotels for the personal expenditure of customers.
Where the order includes an accommodation Service, prices are calculated based on the number of nights stayed and not on the number of full days.
Payment for the price of Services purchased by the User must be made upon confirmation of the order unless otherwise specified under special conditions agreed between HOTEL CORPORATE SYSTEM and the User by means of a Special Agreement.
Unless otherwise provided in a Special Agreement, payments made via the Site shall be effected either by direct debit or by bank card (Blue Card, Visa, Eurocard/Mastercard and American Express are accepted) by means of the secure payment system.
In the event that payment is identified as irregular, incomplete or non-existent, on account of a reason attributable to the User, purchase of the Services shall be cancelled, resultant costs charged to the User and civil or criminal proceedings may, where applicable, be brought against the User.
ARTICLE 5 – USER SERVICES AND COMPLAINTS
All requests for information, further information and complaints should be made to HOTEL CORPORATE SYSTEM within 30 days of the end of stay:
Complaints will only be admissible where the difficulties to which they relate were reported to HOTEL CORPORATE SYSTEM during the trip in order that attempts to remedy the difficulties could be made to reduce the detriment to the User.
No other complaint shall be accepted relating to loss, damage or theft of luggage, clothes or personal items under the supervision of the User throughout his/her stay, absent proven fault attributable to HOTEL CORPORATE SYSTEM or its Partners.
ARTICLE 6 – LIABILITY / WARRANTY
6.1 Site Use
No guarantee is provided to the User in terms of:
- the absence of anomalies, errors and bugs likely to affect navigation of the Site or use of any function offered on the Site; or in terms of
- the possibility of correcting such anomalies, errors or bugs; or in terms of
- freedom from interruption or breakdown of Site functionality; or in terms of
- compatibility of the Site with particular equipment or configurations.
HOTEL CORPORATE SYSTEM may not, under any circumstances, be held liable for direct or indirect damages or non- pecuniary losses, whether foreseeable or not (including lost profit or loss of a chance) resulting from the provision and/or use or total or partial impossibility of use of Site functions.
In any case, the User declares his/her familiarity with the characteristics and limits of the internet, in particular, its technical capabilities, response times when browsing, searching or downloading data and the risks associated with communication security.
HOTEL CORPORATE SYSTEM being an intermediary between the User and the Service Provider, it assumes no liability for the execution of the Services between User or his/her Customer and the Service Provider. In this respect, HOTEL CORPORATE SYSTEM is in no way liable for any faults committed by either party. In this context, It is the responsibility of the User and his/her Customer to refer to the general terms and conditions, the cancellation conditions, the personal data management policy and the internal regulations of the Service Provider.
Services Providers are liable for the Services, and in particular for reception condition and cleanliness of the accommodations. In this respect, HOTEL CORPORATE SYSTEM does not carry out any cleanliness and security audit of Service Providers, except prior request subject to additional pricing by HOTEL CORPORATE SYSTEM .
Consequently, HOTEL CORPORATE SYSTEM may not be held liable for any non-performance or poor performance of all or part of the planned Services, and for any damage to a third party, direct or indirect, commercial or financial prejudice, resulting from the non-performance or poor performance of all or part of the planned Services.
Any complaint or claim concerning the Service (including the tariff), conditions or special requests of the User or his Customer dealt with by the Service Provider, HOTEL CORPORATE SYSTEM being in no way liable for these complaints and claims, or for the Services, and declining all liability in this respect.
In the event that the reservation has to be cancelled due to government restrictions or travel constraints, the User and his Customer will contact the Service Provider the terms and conditions of any refund or credit note.
HOTEL CORPORATE SYSTEM may in no way be required to make a refund without the prior, express and written agreement of the Service Provider.
6.3 Force majeure
HOTEL CORPORATE SYSTEM may not be held liable for non-performance or delayed performance of its obligations where this is the direct or indirect consequence of a force majeure event, in particular, or of a cause or situation falling outside the reasonable scope of its control, subject to the provisions of Article 10.
Without limiting the generality of the foregoing, circumstances in which the liability of HOTEL CORPORATE SYSTEM may not be engaged are as specified hereinafter: force majeure events, outbreak of hostilities, riot, civil disturbance, administrative decisions, including those hindering travel, pandemic, epidemic, terrorist acts, revolution, act by a government or official body (including, but not limited to, refusal or revocation of a license or permission), fire, flood, lightning, explosion, fog or inclement weather, interruption or breakdown of public services (including, but not limited to, electricity, gas, water or telecommunications), renovation undertaken by a Service Provider, industrial action, lock-out, boycott, embargo, blockade
6.4 Limitation of liability
Without prejudice to any claims or liability that may be established against HOTEL CORPORATE SYSTEM, in application of the legal and contractual provisions, it is recalled that the liability of the latter is in any case strictly limited to its obligations defined in these general conditions as defined in article 2 purpose. Under no circumstances can it be held liable for any indirect and/or immaterial damage, such as loss of profit, operating loss.
In this respect, the liability of HOTEL CORPORATE SYSTEM is strictly limited to the direct detriment suffered by the User in accordance with the reservation on the Site, to the exclusion of all other detriment suffered by any other third party, including the Customer.
With regard to the User, the detriment suffered may not exceed the amount of the Service concerned and in any event the insurance ceiling covering the loss.
ARTICLE 7 – INTELLECTUAL PROPERTY
7.1. General Remarks
The Site, its contents and all the features it comprises, are creations of which HOTEL CORPORATE SYSTEMS, and/or, where applicable, its Partners, are holders of all intellectual property rights and/or rights of use, in particular, under copyright law, database law, trademark law and the law governing design rights.
The Site and its software, databases, texts, news, analyses, images, photographs, graphics, logos, sounds or any other data contained on the Site shall remain the exclusive property of HOTEL CORPORATE SYSTEM and/or its Partners or, where applicable, of their respective owners who have granted rights of use to the former.
The User is granted a non-exclusive, non-transferable right of use to the Site and the data contained on the Site, in a private capacity. The right thus granted consists of (i) a right to consult the data and information contained on the Site online and (ii) a right of reproduction by means of printing and/or saving the data and information consulted. The said right of use is understood to be solely for strictly private use.
Any other use of the Site, in particular, commercial use, on the part of the User is prohibited. The User, in particular, undertakes to comply with the following non-exhaustive prohibitions: prohibition on reproducing and/or representing for any usage other than private use, sale, distribution, transmission, translation, adaptation, dissemination and communication in whole or in part in any form whatsoever of any feature, information or data on the Site.
Furthermore, the User undertakes not to input, by any means whatsoever, data likely to modify or affect Site contents or presentation of the Site. Any hypertext link to the Site, of whatsoever type, must receive prior authorisation by HOTEL CORPORATE SYSTEM, acting for and on the account of the holder of the right concerned, by paper or electronic means.
ARTICLE 8 – APPLICABLE LAW AND COMPETENT JURISDICTION
The present General Terms and Conditions, and, more generally, the contract concluded between the User and HOTEL CORPORATE SYSTEM shall be subject to French law. Any litigation in relation to their interpretation and/or implementation shall be submitted to the jurisdiction of the French courts.
ARTICLE 9 – PERSONAL DATA
In the context of this article, terms « Personal Data », « Controller », « Processor », « Data Subject », « Process » and « Joint Controller » have the same meaning as that provided for in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of Personal Data and on the free movement of such Data (« GDPR »).
9.1 Process executed by HOTEL CORPORATE SYSTEM as Controller related to Orders
In the context of the Orders, HOTEL CORPORATE SYSTEM is brought to process Customer’s Personal Data transmitted by User. Individually or jointly, HOTEL CORPORATE SYSTEM and User (hereafter “Party” or “Parties”) expressly acknowledge and declare :
- Neither Party process Personal Data in the name and on behalf of and according to the instructions of the other Party;
- They do not jointly determine the purposes and means of Personal Data Processing.
In consequences, Parties acknowledge that :
- Neither Party is Processor of the other Party;
- They are not Joint Processor;
- They both act separately and individually as Controller, on the process they carry out for their own sake.
Source and categories of Personal Data
User transmits to HOTEL CORPORATE SYSTEM Personal Data related to his Consumers, strictly necessary for Orders realization.
For Orders realization, HOTEL CORPORATE SYSTEM agrees and accepts to receive Personal Data transmitted by User, being understood that the transmission of Personal Data is carried out by means of the Site.
Parties’ common obligations:
Parties respectively undertake to:
- Comply with the provisions of the Personal Data protection legislation in force applicable to them;
- To provide reasonable mutual assistance in the performance of their respective obligations under applicable Personal Data protection legislation.
Specific obligations of User:
User undertakes to transmit to HOTEL CORPORATE SYSTEM:
- Personal Data faithfully collected;
- To the extent possible, accurate and up-to-date Personal Data.
Specific obligations of HOTEL CORPORATE SYSTEM:
HOTEL CORPORATE SYSTEM undertakes to :
- Process Personal Data strictly for the realization of Orders;
- To respect the rights of the Data Subjects and process their request to exercise their rights in accordance with the requirements of the Personal Data protection legislation in force;
- To respond to any notification made by the User concerning the correction or deletion of Personal Data or the limitation of the Processing carried out at the request of a Data Subject, in accordance with the requirements of the Personal Data protection legislation in force;
- To inform Data Subjects about the Processing it carries out on their Personal Data and their rights in relation, in accordance with the provisions of the Personal Data protection legislation applicable to the indirect collection of Personal Data in force;
- To implement appropriate technical and organizational security measures to ensure the security and confidentiality of Personal Data.
HOTEL CORPORATE SYSTEM also undertakes to process the Personal Data transmitted by User only for purposes compatible with those for which they were transmitted, except with the prior and express consent of User and Data Subjects.
9.2 Processing implemented by HOTEL CORPORATE SYSTEM as Controller within the framework of the management of the User file
Within the framework of these Terms and Conditions and in order to ensure their proper management, HOTEL CORPORATE SYSTEM is led to process the Personal Data of the User’s employees and representatives who are natural persons.
HOTEL CORPORATE SYSTEM undertakes to process User’s employees and representatives Personal Data, in accordance with the regulations in force relating to the protection of Personal Data, as well as its Personal Data Protection Charter, accessible on its website at address http://www.gekko-holding.com, which is an integral part of the present document. User undertakes to inform his staff collaborating with HOTEL CORPORATE SYSTEM of the provisions of this article.
To offer Users the best possible experience, we measure and analyse how many times they visit the website, the number of pages viewed, their activity and how often they return.
We do this using technology known as “cookies”. Cookies do not allow us to identify Users but simply record their browser information, such as the pages visited and the dates and times of those visits, that can then be used when they next return to the website.
The data collected by our cookies are strictly for internal use and are never provided to third parties. While Users can disable cookies at any time using their browser’s privacy settings, some of the website’s features may no longer be accessible.
We use the following types of cookies:
- Technical cookies: allow the User to browse the Site, and are critical to ensuring it operates efficiently. If these cookies are disabled, certain features will no longer be accessible;
- Statistical cookies: we use Google Analytics to compile statistical data on how Users navigate the website (frequency of visits, number of pages viewed and activity).
The links below explain how to block cookies in Firefox, Chrome, Internet Explorer and Safari: Firefox: https://support.mozilla.org/en-US/kb/block-websites-storing-site-preferences
Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies Safari: https://support.apple.com/kb/PH21411?locale=fr_CA&viewlocale=en_US
ARTICLE 10 – GENERAL PROVISIONS
The fact that HOTEL CORPORATE SYSTEM does not rely, at one time or another, on one of the provisions in the present General Terms and Conditions may not be construed as a waiver of its right to rely on the same provision in future.
Where one of the provisions of the present General Terms and Conditions is null or void, it shall be declared invalid, without the validity of the other provisions being affected thereby, unless the provision declared null and void was indispensable and determinant.
Any force majeure event making performance of the service impossible, including interruption of telecommunications, industrial action by travel agents, hoteliers or air traffic controllers shall exempt HOTEL CORPORATE SYSTEM from its obligations which are affected by the force majeure event. Services that are not performed on account of a force majeure event shall give rise to a refund. Nevertheless, the said failure to perform shall not give rise to damages and interest.
ARTICLE 11 – ALTERNATIVE ACCOMMODATION
In the event of force majeure, the hotel reserves the option of accommodating the customer for all or part of his/her stay in a hotel of an equivalent category for similar services – all costs incurred by such transfer shall be borne by the chosen hotel.