LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use of the Site govern access to and use of the Site.
If you do not agree with these General Terms and Conditions of Use, please leave the Site immediately. By continuing to use the Site, you acknowledge that you have been informed of the existence of these General Terms and Conditions of Use of the Site, that you accept them and that you undertake to comply with them.
1. PUBLISHER
The Internet site accessible at the url address www.hotelalba.com (the “Site”) is published by SASU RCUBE, a simplified one-person company with capital of 15,000 euros, registered with the Rennes Trade and Companies Register under number 444 243 323, whose registered office is at 19A rue de Châtillon, 35000 Rennes (France).
Telephone: +33 (0)2 99 40 37 18
Email : info@hotelalba.com
Intracommunity VAT No: FR33444243323
2. PUBLICATION DIRECTOR
Mr Yann Marequa.
3. HOSTING
The Site is developed, maintained and hosted by OVH, whose registered office is located at 2 rue Kellermann, 59100 Roubaix, France.
4. INFORMATION AND LIABILITY
The information published on the Site, including its appearance and characteristics, is non-contractual. This information in no way constitutes an assertion, a guarantee or any commitment whatsoever on the part of SASU RCUBE with regard to any product or service.
SASU RCUBE accepts no responsibility, express or implied, for its completeness, accuracy or suitability for any purpose whatsoever.
SASU RCUBE has made every effort to ensure that the information accessible via the Site is accurate. However, we do not guarantee in any way that this information is accurate, complete and up-to-date.
SASU RCUBE makes no warranty, express or implied, concerning all or part of the Site. Under no circumstances may SASU RCUBE be held liable for any direct or indirect damage of any kind arising from the use of the Site.
The user is solely responsible for the use of such information.
The user undertakes not to transmit to this Site any information that may give rise to civil or criminal liability and undertakes not to divulge through this Site any information that is illegal, contrary to public order or defamatory.
SASU RCUBE or its host cannot be held responsible for the content of other sites or resources available on the Internet that may be accessed via hypertext links.
5. MODIFICATIONS TO THE SITE AND TO THE GENERAL CONDITIONS OF USE OF THE SITESASU RCUBE reserves the right to modify or correct, at any time and without notice, the contents of the Site, whatever their nature.
These General Terms and Conditions of Use of the Website may also be amended or corrected at any time without prior notice, in particular as a result of changes in legislation. The new General Terms and Conditions of Use of the Site will apply from the date of their posting on the Site. By using the Site after these changes have been made, you accept the new Terms and Conditions of Use of the Site and undertake to comply with them.
We therefore invite you to consult them regularly.
7. INTELLECTUAL PROPERTY
The Website and its content are the exclusive property of SASU RCUBE or are used by the latter with the authorisation of their owner. They are protected by intellectual property rights, in particular trademark rights and literary and artistic property rights. The content of the Site includes all the elements of which it is composed, and in particular, without this list being limitative, all photographs, images, illustrations, texts, graphics, multimedia (audio and video), brands, logos and software used for the design and operation of the Site.
The use and reproduction of all elements published on the Site are authorised solely for information purposes for personal and private use, to the exclusion of any commercial use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Thus, the content of the Site may not, in whole or in part, be sold, reproduced, distributed, modified, presented to the public, displayed or integrated into a derivative work, for public or commercial purposes, or presented on another Internet site and, in general, on any medium whatsoever. Any infringement of these General Terms and Conditions of Use of the Website and/or the intellectual property rights of SASU RCUBE constitutes an act of counterfeiting for which the counterfeiter may be held civilly and criminally liable, and may give rise to legal proceedings by SASU RCUBE.
8. PROTECTION OF PERSONAL DATA AND COOKIES
To find out how SASU RCUBE protects personal data and cookies, please consult our “confidentiality policy” section, which can be accessed by clicking here.
9. DISPUTE RESOLUTION – MEDIATOR
Any complaint concerning the Site, the Services provided by SASU RCUBE and/or one of the hotels and/or restaurants of the SASU RCUBE group (the “Hotel-Restaurant”) must be notified by the Internet user and, where applicable, by a Customer under the conditions provided for in the General Terms and Conditions of Sale, by registered letter with acknowledgement of receipt to :
The following postal address SASU RCUBE, 19A rue de Châtillon, 35000 Rennes, France.
The e-mail address info@hotelalba.com.
SASU RCUBE will endeavour to deal with this request as best it can and to resolve the dispute in accordance with the interests of the parties.
If the dispute cannot be settled amicably, the Customer may refer the matter to the Tourism and Travel Ombudsman, Mr Jean-Pierre Teyssier, at the following address:
MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex.
For more information on the Tourism and Travel Mediation officer, the Customer may consult his website: www.mtv.travel/.
10. APPLICABLE LAW AND COMPETENT COURTS
These General Terms and Conditions of Use of the Site are governed by French law, without any conflict of laws rules being applicable. The competent courts of Paris shall have exclusive jurisdiction to hear any dispute arising from the use, interpretation, performance or termination/end of these conditions.
Credits photos : Margot Sib
GENERAL TERMS AND CONDITIONS OF SALE
The Internet site accessible at the url www.hotelalba.com (the “Site”) is published by SASU RCUBE, a one-person simplified joint stock company with capital of 15,000 euros, registered in the Rennes Trade and Companies Register under number 444 243 323, with its registered office at 19A rue de Châtillon, 35000 Rennes (France).
For further information, please contact info@hotelalba.com.
1. INTRODUCTION
1.1 The Website enables customers to book rooms and additional services in the SASU RCUBE hotel and restaurant (hereinafter the “Hotel-Restaurant”).
1.2 These general terms and conditions of sale (the “General Terms and Conditions of Sale”) apply to the reservation of rooms and additional services within the Hotel-Restaurant (the “Services”) and are those in force on the date your reservation is confirmed on the Site. They cancel and replace any general terms and conditions of sale previously published online and/or accepted by the Customer.
1.3 Any booking on the Site requires consultation and unconditional acceptance of the General Terms and Conditions of Sale. It is recommended that you download and/or print out the General Terms and Conditions of Sale in order to keep a copy on the day of a booking, as they are subject to change. However, any changes made after confirmation of a booking cannot be applied to that booking.
1.4 The Customer accepts the General Terms and Conditions of Sale and the terms and conditions, in particular the financial terms and conditions, of each reservation made by proceeding with the reservation “By choosing to make a reservation, I acknowledge that I have read and accepted the General Terms and Conditions of Sale and the Confidentiality Policy of SASU RCUBE” or any other similar box proposed on the Site.
1.5 The Customer acknowledges having all the necessary information on the Site, which includes in particular:
the full contact details of SASU RCUBE, which can be consulted in the “Legal Information / General Terms and Conditions / General Terms and Conditions” section,
the main and essential characteristics of the accommodation and additional services offered to customers,
these General Terms and Conditions, the special terms and conditions applicable to each offer and/or accommodation and/or additional service(s) and the Confidentiality Policy,
the price of the accommodation and additional services offered to customers,
the maximum number of accommodations that may be booked by a Customer,
the methods and means of payment accepted,
the duration of the contract between the Customer and the Hotel-Restaurant.
1.6 The expression “Customer(s)” refers to any individual who places an order on the Site, as a consumer, for private or professional purposes, but not related to the hotel-restaurant industry.
1.7 Being a consumer, the Customer benefits from rights which may be called into question in the event that the Services are booked by the Customer in the context of the exercise of a professional, commercial, industrial, craft or liberal activity.
1.8 Only Customers (i) who have reached the age of majority (eighteen in most countries) and (ii) who have the legal capacity to enter into contracts, are authorised to order Services on the Site.
1.9 The information provided by the Site is presented in French, as well as in several foreign languages.
2. SUBJECT
2.1 The General Terms and Conditions of Sale define the terms and conditions applicable to the online booking of Services on the Website.
2.2 The General Terms and Conditions of Sale do not govern the offer, reservation or order of Services offered by entities other than SASU RCUBE and on other Internet sites and/or mobile applications. We recommend that, before confirming any order for Services via third party websites or mobile applications, you check their general terms and conditions of sale, since SASU RCUBE cannot under any circumstances be held responsible for the provision of Services offered by third parties.
2.4 The General Terms and Conditions of Sale apply to all stages of the reservation of Services by the Customer and to the monitoring of the reservation.
3. RESERVATION
3.1 The accommodation offers presented on the Site are accompanied by an information sheet including :
- where applicable, the type of commercial offer applicable (for example: “Book now and pay less”, “Last minute promotion -10%”, “Flexible rate”, “Room and breakfast”, “Your birthday at the hotel”, etc.),
- a description of the room(s) concerned,
- the ancillary services included in the offer,
- the cancellation and modification conditions applicable to the reservation,
- where applicable, the special terms and conditions of sale,
- the terms and conditions of payment,
- the General Terms and Conditions of Sale.
3.2 The Site occasionally proposes, for certain Hotels and Restaurants in particular, commercial offers that are only accessible on the Site, to the exclusion of any other third-party site, such as temporary offers known as “Best Rate Guaranteed” or “Secret Hotel”. Where applicable, the Customer is invited to consult the specific conditions applicable to these offers, which are brought to his/her attention at the time of booking. These commercial offers may be modified at any time by SASU RCUBE, which is only contractually bound by the reservations validated by the Customer and cannot be held liable for the modification or withdrawal of a commercial offer on the Site.
3.3 The Customer selects the Services offered on the Web Site. The Customer is solely responsible for the choice of Services and their suitability for the Customer’s needs, and SASU RCUBE cannot be held liable in this regard.
3.4 For any other request for a Service that does not appear on the Site, please contact SASU RCUBE directly. In the case of reservations of five (5) rooms or more, group conditions may be applied, involving in return the payment of a deposit by the Customer and the application of special cancellation and modification conditions. For any information in this respect, please contact SASU RCUBE.
3.5 The reservation is deemed to have been accepted by the Customer at the end of the reservation process.
3.6 The Customer attests to the truthfulness and accuracy of the information provided when booking Services. SASU RCUBE reserves the right not to accept any reservation made by a person who makes fraudulent use of the Site or who does not comply with these General Terms and Conditions of Sale.
4. BOOKING PROCESS
4.1 Reservations are made by the Customer by means of a dematerialised reservation form accessible on the Web Site.
4.2 When making a reservation, the Customer must provide a certain number of mandatory details, including certain personal details necessary for SASU RCUBE to process the reservation. SASU RCUBE reserves the right to refuse any reservation if these details are missing or incorrect. The Customer must also indicate the number of people benefiting from the Services, as well as their age, any minor over the age of 13 being considered an adult.
4.3 The booking procedure on the Site includes the following stages:
Step 1: Selection on the pages of the Hotel-Restaurant, of the Site www.hotelalba.com, of the wish to reserve a room,
Step 2: Opening of a secure page showing the offers available for the Hotel-Restaurant selected and the date indicated, and offering the Customer the possibility of specifying or modifying any of the choices made (dates of arrival and departure, number of room(s), number of people, etc.),
Step 3: Consultation and selection of an offer,
Step 4: Selection of one or more Additional Services, if applicable,
Step 5: Checking the details of the booking, its total price and the applicable conditions, and modifying any choices made,
Step 6: The Customer provides their contact details,
Step 7: Entry of bank details in the event of a guarantee or prepayment request,
Step 8: Consultation and acceptance of the General Terms and Conditions of Sale, the Privacy Policy and, where applicable, the special terms and conditions of sale before the Customer validates the booking,
Step 9: Validation of the booking by the Customer.
5. RESERVATION CONFIRMATION
5.1 The Website acknowledges receipt of the reservation made by the Customer by sending an e-mail containing (i) the corresponding reservation number, (ii) a summary of the reservation and in particular the Services reserved, the price of the Services, the conditions of sale applicable to the selected tariff, accepted by the Customer, (iii) the General Terms and Conditions of Sale, where applicable, information relating to after-sales service as well as the contact address to which complaints may be submitted.
5.2 The reservation is considered firm and definitive upon receipt of this reservation confirmation e-mail sent by SASU RCUBE to the Customer.
5.3 The duration of the contract concluded between the Customer and the Hotel-Restaurant corresponds to the duration of the Accommodation Service specified in the reservation.
6. CANCELLATION OR MODIFICATION OF A RESERVATION BY THE CUSTOMER
6.1 Pursuant to article L.121-21-8 of the French Consumer Code, the Services offered on the Site do not allow the exercise of the right of withdrawal provided for in articles L.121-21 et seq. of the French Consumer Code with regard to distance selling contracts.
6.2 The conditions of sale for the fare booked specify the terms and conditions for cancelling and/or modifying the booking.
6.3 Bookings made in advance cannot be modified and/or cancelled. As the sums paid in advance constitute deposits, they may not be reimbursed. This will be indicated in the fare sales conditions brought to the Customer’s attention and accepted by him/her.
6.4 When it is possible to cancel a booking, a specific “cancel an order” link is available on the home page of the Site, enabling a booking to be cancelled by entering the e-mail address provided when the booking was made and the booking number indicated in the booking confirmation e-mail.
6.5 Certain commercial offers on the Site include special conditions for cancelling and modifying bookings. These are detailed in the special conditions included in the description of the offer.
6.6 Unless there are special conditions to the contrary, a reservation can only be cancelled or modified free of charge at least 5 days before the scheduled arrival time of the reservation during the month of October. For cancellations made before this time, the total cost of the stay will automatically be debited from the Customer’s credit card indicated at the time of booking.
6.7 In order to modify a reservation on the Site, the reservation made must be cancelled in accordance with the above conditions and a new reservation must be made.
6.8 In the case of contamination at Covid-19 prior to the stay, there is no exceptional provision for cancellation, modification, credit note or reimbursement of the reservation. If the customer has paid a deposit, this is binding and implies an obligation to pay for the entire stay.
7. NO-SHOW AND INTERRUPTION OF STAY
7.1 Any reservation made on the Site provides for an arrival time of 3:00 pm and a departure time before 11:30 am. The Customer must arrive at the Hotel-Restaurant before 6:00 p.m. or notify the hotel in the event of a late arrival. If the Customer fails to arrive at the Hotel-Restaurant after 6:00 p.m., a one-night penalty will be automatically debited from the Customer’s credit card indicated at the time of reservation, unless the reservation was prepaid on the Site.
7.2 If the reserved room is vacated after the required check-out time (11.30 a.m.), an additional night will be charged to the Customer as a penalty.
7.3 Any interruption to the stay before the departure date specified in the reservation will result in payment of the full price agreed.
8. PRICE OF SERVICES
8.1 The price of the Services is indicated on the Site before the reservation is made on the offer description sheet, as well as during the reservation process.
8.2 The prices indicated are per room, for the number of people indicated, depending on the Hotel-Restaurant and the period selected, and only include the Services strictly mentioned in the reservation.
8.3 The price of each Service is indicated inclusive of all taxes, excluding tourist tax, and details the amount of VAT applicable to the Service.
8.4 The euro is the commercial currency of the booking, and payment must therefore be made in this currency. Prices displayed on the Websites in different currencies remain estimates and do not accurately reflect the amount to be paid, which is indicated in euros when the booking is validated by the Customer.
8.5 The prices mentioned on the Site may be modified at any time by SASU RCUBE, without prior mention or notice. Only the price indicated in the booking confirmation is contractual.
9. PAYMENT OF THE PRICE
9.1 Unless there are specific conditions to the contrary, payment of the price of the Services is made at the Hotel-Restaurant, at the end of the stay. In the event of prepayment, the sums paid constitute a deposit and may not be reimbursed to the Customer.
9.2 Furthermore, SASU RCUBE reserves the right to pre-authorise the Customer’s bank card, in particular upon arrival at the Hotel-Restaurant, in order to guarantee payment of the price of the Services as well as any consumption or expenses incurred by the Customer on site. The pre-authorisation is not an immediate debit but corresponds to a sum blocked on the Customer’s account, authorised by the bank, which temporarily reduces the Customer’s account balance in order to guarantee the possibility of a subsequent debit.
9.3 In the event of a no-show at the Hotel-Restaurant or a late cancellation resulting in an overnight penalty, the Customer’s bank details provided at the time of booking will be used to pay the corresponding penalties.
10. STAY AT THE HOTEL
10.1 In application of current French regulations, the Customer may be asked to complete a police form on arrival at the Hotel-Restaurant. In order to verify whether the Customer is subject to this formality, he/she will be asked to show proof of identity.
10.2 During the stay, the Customer undertakes to make reasonable use of the room rented to him/her. The Hotel-Restaurant may ask the Customer to leave the Hotel-Restaurant without any compensation being paid and to pay the full amount of the Service booked, particularly in the event of : behaviour contrary to public decency or public order, any damage, deterioration or act of vandalism caused by the Customer or the Customer’s employees or persons for whom the Customer is responsible, during the occupation of the premises, to any movable or immovable property, furnishings, decorations or any other items present in the Hotel-Restaurant.
In addition, the Customer will be required to reimburse SASU RCUBE in full for any damage caused by its actions, and SASU RCUBE will have the right to take any useful action in order to obtain compensation for the damage suffered.
10.3 SASU RCUBE provides Customers with wifi Internet access throughout the Hotel-Restaurant.
The Customer undertakes to ensure that the computer resources made available are not used for fraudulent or illegal purposes, and in particular in order to commit any act of infringement of third party rights and/or illegal downloading of works protected by copyright or related rights, as sanctioned by article L.335-2 of the French Intellectual Property Code.
11. RELOCATION – FORCE MAJEURE
11.1 In the event that the room reserved in the Hotel-Restaurant is unavailable, SASU RCUBE reserves the right to accommodate the Customer in whole or in part in a Hotel-Restaurant of equivalent or higher category and offering Services of the same nature. The transfer will be entirely at the expense of SASU RCUBE, with no additional costs being charged to the Customer by the Hotel-Restaurant.
11.2 SASU RCUBE will be released from all liability for the non-fulfilment of its obligations in the event of events falling under a case of force majeure, for the duration of the event of force majeure, and undertakes to make all efforts reasonably necessary to limit the effects thereof.
11.3 For the purposes of this Article, force majeure is defined as any event or fact that the parties could not reasonably foresee and control at the time of booking due to its external, unforeseeable and irresistible nature. In addition to those recognised by French courts and tribunals, the following are considered to be cases of force majeure: total or partial strikes, whether internal or external to the Hotels, terrorism, wars or uprisings, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fire, storms, floods, water damage, breakdown of the computer system paralysing the normal pursuit of its activity by a Party.
12. HEALTH REGULATIONS – HEALTH PROTOCOL
In application of current health legislation and regulations, SASU RCUBE’s Hotel-Restaurant undertakes, in the context of its services and in compliance with its health protocol, to comply with the various official rules and recommendations in force.
SASU RCUBE undertakes to do everything possible to preserve and ensure the health safety of its Customers and, more generally, all of its partners. As a result of this obligation to use its best endeavours, SASU RCUBE may only be held liable in the event of a proven fault or negligence.
Furthermore, in the event that a Customer acts, directly or indirectly, on his/her own initiative or at the instigation of a third party, in violation of the health protocol implemented by SASU RCUBE’s Hotel-Restaurant and, more generally, in violation of all of the measures implemented by the Hôtel-Restaurant de la société SASU RCUBE to comply with the applicable health regulations, SASU RCUBE may not be held liable for any direct or indirect damage and/or consequences of any kind resulting from such a violation.
13. PERSONAL DATA
13.1 Pursuant to Law no. 2018 – 493 of 20 June 2018 on the protection of personal data and General Data Protection Regulation no. 2016/679 (RGPD), the Customer is hereby informed that the information provided at the time of booking has been subject to the processing of personal data for the purposes of managing reservations and Customers, billing and payment requirements, as well as for commercial prospecting purposes.
13.2 The Customer is also informed that the hotels and restaurants have a video surveillance system in the common areas of the building for the purpose of protecting people and property.
13.3 The Customer has the right to access, rectify, port and delete personal data concerning him/her, which he/she may exercise by contacting SASU RCUBE by writing to the following e-mail address: info@hotelalba.com.
13.4 The Customer may obtain information about the way in which SASU RCUBE handles his personal data by consulting its Confidentiality Policy or by sending a request to the following e-mail address: info@hotelalba.com or to the address of our registered office: 19A rue de Châtillon, 35000 Rennes (France).
13.5 By accepting these General Terms and Conditions of Sale, the Customer acknowledges and accepts that SASU RCUBE may need to collect the Customer’s telephone and e-mail details in order to provide the Services.
In accordance with Article L. 223-2 of the French Consumer Code, and Law No. 2014-344 of 17 March 2014 on consumer affairs, the Customer may register free of charge on the BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr) in order to stop being approached by telephone. The Customer can register free of charge on this list at: https://conso.bloctel.fr/index.php/inscription.php.
14. APPLICABLE LAW – MEDIATION – JURISDICTION
14.1 These General Terms and Conditions of Sale are governed by French law.
14.2 Any claims relating to the non-performance or poor performance of the Services by a Hotel-Restaurant must be notified by the Customer, under penalty of foreclosure, by registered letter with acknowledgement of receipt, within fifteen days of the date of departure from the Hotel to :
To the following postal address SASU RCUBE, 19A rue de Châtillon, 35000 Rennes.
e-mail address: info@hotelalba.com.
SASU RCUBE will do its utmost to deal with this complaint and reach a resolution of the dispute in accordance with the interests of both parties.
14.3 If the dispute cannot be settled amicably, the Customer may refer the matter to the Tourism and Travel Ombudsman, Mr Jean-Pierre Teyssier, at the following address:
MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex.
For more information on the Tourism and Travel Ombudsman, the Customer may consult his website: www.mtv.travel/.
14.4 Notwithstanding the foregoing, any difficulty relating to the interpretation, performance and validity of these General Terms and Conditions of Sale will be subject to the exclusive jurisdiction of the competent courts of Paris.
15. GENERAL PROVISIONS
15.1 The General Terms and Conditions of Sale are amended from time to time, particularly in consideration of changes in legislation. The new General Terms and Conditions of Sale will apply on the date of their publication on the Sites.
15.2 The General Terms and Conditions of Sale, including the Confidentiality Policy, the General Terms and Conditions of Use of the Site and, where applicable, any special conditions specific to certain offers, constitute the entire contract concluded between the Customer and SASU RCUBE concerning his/her reservation on the Site and cancel all previous general terms and conditions of sale.
15.3 In the event that one of the stipulations of these General Terms and Conditions of Sale is declared null and void in whole or in part, for any reason whatsoever, the other stipulations will remain in force.