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General Terms and Conditions of Sale

 

 INTRODUCTION

L.HOTEL SNC, 43 boulevard Raspail, 75006 Paris, with share capital of €12,128,788, listed on the Paris Trade and Companies Register under no. 451 324 867 (hereinafter referred to as “L’HOTEL LUTETIA” or “HOTEL LUTETIA” or “Hotel”), publishes a website at the following URL: hotellutetia.com (hereinafter “the Website”).

Its Siret number is 45132486700022 and its intra-community VAT number is FR16451324867. Its telephone number is: + 33 (0)1 49 54 46 00 and its email is: [email protected]

CLAUSE 1. SCOPE

In order to be able to be a customer within the meaning of these general terms and conditions of sale (hereinafter “GTCS”), you must be a natural person at least 18 years of age, have the legal capacity to be able to fully commit to these GTCS, and act as a consumer, in other words act for purposes that do not fall within the scope of your commercial, industrial, craft, self-employed or agricultural business (hereinafter “the Customer”).

In making a booking, the Customer warrants that it fulfils all of the above criteria. It undertakes to use the Website and the services of HOTEL LUTETIA in its name and on behalf of the beneficiaries of the services ordered on the Website, whom it warrants to have full authority to represent. The General Terms and Conditions of Sale shall be binding on these beneficiaries, with the Customer undertaking, prior to placing the order, to inform them and to obtain their consent.

HOTEL LUTETIA reserves the right, at any time, not to enter into a contract with a Customer who uses the Website fraudulently or who is in breach of these GTCS.

These GTCS apply to any booking by a Customer of one or more services with HOTEL LUTETIA, as referred to in Clause 4 below, on the Website or by telephone or email, or directly on site at HOTEL DU LUTETIA located at 45 boulevard Raspail, 75006 Paris, France.

HOTEL LUTETIA and the Customer are collectively referred to as “the Parties”.

For any booking made as part of or on the occasion of an event taking place in a dedicated area of HOTEL LUTETIA (event, seminar, etc.), which is attended or organised by the Customer, the Customer is invited to contact the specialised events department of HOTEL LUTETIA, as separate, specific terms and conditions shall apply. The relevant department can be contacted at the email address: [email protected]. The events page on the Website also provides information on the main offers available.

The GTCS are available to the Customer on the Website where they can be read directly at any time.

The GTCS are also available to the Customer at the Hotel reception.

CLAUSE 2. GENERAL PROVISIONS

These GTCS shall apply as long as they appear on the Website.

HOTEL LUTETIA may modify and update these GTCS at any time, without prior notice. However, the GTCS applicable to a booking shall be those in force on the date of the booking.

We therefore advise that you print them and keep them, as they may change.

CLAUSE 3. PURPOSE

 These GTCS define the rights and obligations of the Parties when booking the service(s) offered by HOTEL LUTETIA as described in Clause 4 below (hereinafter “the Service” or “the Services”).

These GTCS therefore constitute the contract binding the parties. A booking implies the Customer’s full and complete acceptance of the obligations described therein, both in its name and in the name of any beneficiaries for whom it is making a booking, where applicable.

CLAUSE 4. SERVICES COVERED BY THE GENERAL TERMS AND CONDITIONS OF SALE AND ESSENTIAL CHARACTERISTICS

As things stand, the main services of HOTEL LUTETIA are hotel accommodation services (hereinafter “the Accommodation Services”), and related services, such as restaurants, the SPA (steam room, sauna), and the swimming pool (hereinafter “the Related Services”).

Services that are ancillary to the above services are also available, such as fitness classes, massages, treatments, hairdressing salon (hereinafter “the Ancillary Services”).

The Accommodation Services, the Related Services and the Ancillary Services are collectively referred to as “the Services”.

Specific offers, and/or gift vouchers and/or gift cards and/or gift certificates (hereinafter “the Gift Vouchers”) may combine the performance of several Services at special rates and under special conditions.

The Services may change without notice, and the Customer is advised to regularly review their existence and characteristics on the Website.

The essential characteristics of the Services are described in detail on their dedicated pages on the Website. The Customer is asked to read them before making a booking. The essential characteristics of the Services may also be communicated by the Hotel teams directly on site through different postings and where the Hotel teams are available for any information.

In addition, certain services may not be booked online; bookings may only be made directly at the Hotel or by telephone.

Photographs on the Website and sales documentation have no contractual value, even though HOTEL LUTETIA makes every effort to ensure that the Service is as close as possible to the photographs representing it.

The Services are provided in accordance with the standards and regulations in force in the relevant business sector.

In case of doubt or to obtain additional information about the Services, the Customer may contact HOTEL LUTETIA by email or telephone. Its contact details are in the “contact” tab on the Website.

Internet users or Customers may also place orders to purchase products marketed by HOTEL LUTETIA in its shop. The general terms and conditions specific to that distance selling activity shall apply and are on the relevant page of the Website.

CLAUSE 5. BOOKING

Prior to booking any Service(s), HOTEL LUTETIA invites the Customer to carefully read the GTCS as well as the cancellation policy which is present on each booking page for a room and/or suite and/or offer and/or Service on the Website.

5.1. Booking of Accommodation Services
5.1.1. Booking procedures

The Service(s) may be booked directly via the Website, by telephone, email, or on site at the Hotel.

Bookings may also be made through a third party – such as, for example, a travel agency. In the latter case, these GTCS shall not apply. The general terms and conditions of sale of the third parties shall apply with regard to the booking terms and HOTEL LUTETIA shall not be held liable in this respect.

For Accommodation Services, the Customer is informed – at the time of booking – of the maximum occupancy capacity of the room and/or suite booked and may not, under any circumstances, exceed that capacity. If necessary, the Customer must book an additional room.

In the event that he/she wishes to have a cot added to his/her room and/or suite, the Customer shall be responsible for checking whether such an addition is possible with HOTEL LUTETIA, by telephone or email, at least 72 hours in advance. The Customer shall then be informed of any resulting additional cost, it being specified that the provision of a cot for a baby up to 3 years old inclusive as well as the provision of a chaise longue or an additional bed for children aged 4 to 12 inclusive is free of charge. However, the provision of an additional bed for children over the age of 12 is charged at €150 per night.

All bookings are personal and the Customer is prohibited from transferring the benefit of a room and/or suite to a third party in any way whatsoever.

The Customer shall communicate his/her booking request to HOTEL LUTETIA using the dedicated pages on the Website, or by telephone, and/or email and/or directly at the HOTEL LUTETIA reception, such that HOTEL LUTETIA can check the availability of the Service on the desired dates.

5.1.2. Booking Confirmation

A booking is only firm and final after receipt of the confirmation sent by email by HOTEL LUTETIA to the Customer to the email address initially provided by the Customer, and subject to the provision of the Customer’s bank details for the purposes of (i) a valid guarantee as defined below and/or (ii) payment and/or prepayment (by paying a deposit) of the booking by the Customer under the conditions referred to in Clause 9 below.

An invoice will be sent to the Customer in electronic format to the email address provided by the Customer at the time of booking.

If the Customer wishes to receive an invoice in paper format, he/she must expressly request HOTEL LUTETIA.

5.2. Booking of Ancillary Services and of the Brasserie

Depending on the type of Service desired, the Customer may book Ancillary Services, as well as one or more tables at the Brasserie, either on the Website, by telephone, email, or directly at the Hotel reception.

The booking service on the Website for the Brasserie is subject to its own terms and conditions of use, which the Customer must read prior to booking one or more tables.

To book treatments and classes, the Customer will be required to provide his/her bank details to guarantee the booking. Payment pre-authorisation for the price of the treatment is then obtained by the Hotel. In this case, the Customer’s bank card is not debited at the time of booking on the Website and the Customer shall pay the Hotel directly for the treatment or class once on site. However, the amount of the treatment or class may be temporarily made unavailable by the Bank. Such unavailability depends on the Customer’s contract with his/her Bank and you are therefore advised to ask your Bank.

If the Customer fails to attend the treatment session or class booked, the Hotel shall be entitled to charge for the treatment or class, the price of which shall then be deducted in accordance with the payment pre-authorisation.

In any event, the booking of a treatment or class can only be deemed to be definitively confirmed once the Hotel’s confirmation email has been sent, after the validity of the Customer’s bank card has been verified and the payment pre-authorisation has been obtained.

For hair salon Ancillary Services, bookings can only be made by telephone and/or at the Hotel or SPA reception.

5.3. Booking Gift Vouchers/Certificates

For Gift Vouchers or certificates offered by HOTEL LUTETIA (hereinafter “Gift Vouchers”), the terms and conditions of use are on the dedicated page on the Website and are also available at HOTEL LUTETIA, particularly at reception.

If the Customer wishes to purchase a Gift Voucher via the Website, his/her attention is drawn to his/her right of withdrawal, as referred to in Clause 6 below, which will not apply to Gift Vouchers purchased directly at the Hotel.

In any event, an order for Gift Vouchers is only deemed to have been made after payment has been confirmed.

In the event of payment confirmation, the Gift Voucher will either be sent to the Customer at the email address provided when the order was placed, or sent directly to the end user and beneficiary of the Gift Voucher at the email address provided by the Customer when placing the order if the Customer so requests. On this occasion, the Customer warrants that it has obtained the beneficiary’s permission to send and use his/her contact details.

For the booking of Services by a Beneficiary using a Gift Voucher, the booking terms are also on the Gift Vouchers page of  the Website and are available at the Hotel reception.

CLAUSE 6. RIGHT OF WITHDRAWAL

For Accommodation Services and for Ancillary Services which cannot be ordered remotely via the Website:

Pursuant to Article L. 221-28(12) of the French Consumer Code, the Customer does not have a right of withdrawal for certain services. Thus, Accommodation Services and Ancillary Services that cannot be ordered remotely do not grant entitlement to a right of withdrawal. The Customer may therefore only cancel or modify his/her booking under the conditions set out in these GTCS.

For Gift Vouchers and Ancillary Services that are booked remotely via the Website with pre-authorisation for payment:

As an exception, and only with regard to Gift Vouchers and Ancillary Services that can be booked via the Website and that are subject to a payment pre-authorisation, the Customer benefits from the right of withdrawal referred to in Article L 221-28 of the French Consumer Code.

It should be noted that the same purchases or bookings made directly at the Hotel do not entitle the Customer to such right of withdrawal.

When entitled to a right of withdrawal, the Customer has a period of 14 days from receipt of the email confirming the order for the Gift Voucher or Ancillary Service in question to withdraw. If the 14-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended to the next working day.

The full amount paid will be refunded within a maximum of 14 days from the date of exercise of the right of withdrawal.

Pursuant to the provisions of Article L. 221-25 of the French Consumer Code, the Customer’s attention is drawn to the fact that if:

  • he/she wishes to deliver a Gift Voucher, or to have a Gift Voucher delivered, to the Beneficiary within the 14-day period above, or
  • if the Beneficiary wishes to use the Gift Voucher within the same period, or
  • the Beneficiary wishes to benefit from the relevant Ancillary Service within that period,

… it must inform HOTEL LUTETIA in writing, thus waiving its right of withdrawal.

In the absence of such information in writing, the Service referred to on the Gift Voucher or the relevant Ancillary Service may only be performed at the end of the 14-day period above.

To exercise this right of withdrawal, the Customer must notify HOTEL LUTETIA in writing of its decision to withdraw. In this respect, the Customer may use the model right of withdrawal appended to these GTCS. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the will to withdraw.

This notification must be sent within the 14 calendar days above to HOTEL LUTETIA at its email address: [email protected]

CLAUSE 7. CANCELLATION / MODIFICATION / NO-SHOW / INTERRUPTION

7.1. Cancellation or modification by the Customer
7.1.1. For Accommodation Services

The Customer may be entitled to cancel the booking with such an option depending on (i) the room and/or suite concerned, and (ii) the desired dates of stay.

To find out the cancellation terms that are open to him/her, the Customer must – prior to making his/her booking – read the cancellation policy on the page dedicated to the room and/or suite and/or offer that he/she wishes to book after entering the desired booking dates.

The Customer undertakes to read this and to only make the corresponding booking if the cancellation terms are satisfactory, since a booking may result in the deposit paid not being refunded as well as in compensation payable to HOTEL LUTETIA, particularly in the event of late cancellation. The HOTEL LUTETIA teams are available by telephone to provide any clarification.

The Customer may also make a change to his/her booking, either:

  • From the “modify your booking” tab on the Website provided that the cancellation policy allows this and provided that the changes can be validly implemented due to the availability of the desired modified Service,
  • By contacting the HOTEL LUTETIA teams by telephone so that they can check whether the desired Services are available on the desired new dates and inform the Customer of any resulting price changes.

In any event, a change request must be made, between 72 hours and 24 hours prior to the date of arrival at the Hotel specified in the original booking, depending on the category of room or suite.

7.1.2. For restaurant services

The terms and conditions of use specific to the Brasserie define the terms and conditions of cancellation and/or modification.

For special events such as “Afternoon Tea” or one-off events (Valentine’s Day, Christmas, New Year), the payment, prepayment and cancellation terms are specified on a case-by-case basis on the dedicated pages of the Website.

7.1.3. For Ancillary Services (coaching, fitness classes, massages, treatments, hair salon)

Except in the event of Force Majeure, the Customer undertakes to cancel any Ancillary Services at least 6 hours before the time of the appointment. After this period, the entire price of the relevant Service will be charged to the Customer, and the corresponding amount may be debited from his/her bank account using the payment pre-authorisation. In the absence of payment pre-authorisation, the Customer undertakes to make the corresponding payment.

7.1.4. For Gift Vouchers

These may not be cancelled or modified; only the right of withdrawal referred to in Clause 6 above can be exercised by the Customer.

7.2. Cancellation by HOTEL LUTETIA

In the event of cancellation by HOTEL LUTETIA, and except in cases of force majeure, the Customer shall receive compensation of double the amount of the deposit paid, in accordance with the provisions of Article L.214-1 of the French Consumer Code.

7.3. No Show

If the Customer fails to show up on the start date of his/her booking – without there being any cancellation on his/her part – HOTEL LUTETIA shall be entitled to charge a cancellation fee corresponding to the price of the Services booked, and may retain the deposit paid by the Customer, or – in case of full payment of the price of the booking – retain the said price.

7.4. Interruption of a stay

In any event, in the event that a Customer interrupts a stay for any reason whatsoever, except in the event of Force Majeure, the Customer shall be required to pay HOTEL LUTETIA the full price referred to in the Confirmation email, as well as the price of any additional service he/she may have ordered during his/her stay at the Hotel, and no reimbursement of any kind shall be granted.

In the event of prepayment, the amount will be kept in full by the Hotel, with the Customer remaining liable for any additional services ordered,

In the event of payment of a deposit, said deposit shall be kept by the Hotel, with the Customer being immediately liable for any difference payable, and HOTEL LUTETIA shall deduct the amount due from any sums retained as security in the event of pre-authorisation. In the event of pre-authorisation without payment of a deposit, the Customer may be charged for the Services booked, which shall be debited from his/her bank account.

As an exception to the foregoing, if HOTEL LUTETIA manages, despite the short period, to allow a third party to benefit from the interrupted Service under the same pricing terms, only the Services actually used by the Customer prior to the interruption will be charged.

CLAUSE 8. PRICE

8.1. Price of the Service(s)

For the Accommodation Services, the price is per room, for the number of persons, per date. The price of the accommodation includes free access by Customers to the steam room, sauna, swimming pool and fitness room, but not to the Ancillary Services above. The prices of rooms and/or suites and/or offers may also include other services which will be specifically referred to on the page for the relevant room and/or suite and/or offer, while also being available at the HOTEL LUTETIA and at reception.

For Ancillary Services, the booking price depends on the service chosen by the Customer, the date and time selected, and is displayed on the booking page and is recalled in the Confirmation email. Prices are also displayed within the HOTEL LUTETIA and can also be viewed at the Hotel reception.For Restaurant Services, the prices are indicated by the restaurant at the time of the order, with the menu showing the prices of main dishes and drinks, which are also available on the Brasserie and bars page on the Website and at the Hotel.

For Gift Certificates sold, including several Services where applicable, the price is displayed on the dedicated page on the Website, and is also available at HOTEL LUTETIA and can be viewed at reception.

8.2. Taxes

Prices include all taxes (including VAT), except for tourist tax which will be payable directly to the Hotel.

The prices take into account the VAT applicable on the day of the booking. Any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date.

Similarly, any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.

CLAUSE 9. PAYMENT TERMS / DEPOSIT / PREPAYMENT / BOOKING GUARANTEE / PRE-AUTHORISATION

Payment for Services and/or their total or partial prepayment and/or any necessary pre-authorisation may be made by credit card (Visa, Mastercard, American Express, UnionPay) on the Website, by telephone or email or directly on site at HOTEL LUTETIA.

It can also be made via the secure link sent by HOTEL LUTETIA to the email address indicated by the Customer at the time of booking.

Payment may also be made by bank transfer.

Finally, payment can be made in cash, exclusively upon payment on site at HOTEL LUTETIA, in compliance with the payment ceilings set by French law.

Payment by cheque is not accepted.

The Customer is required to provide his/her bank details to guarantee his/her booking of any Services and/or to cover any damage for which he/she is liable, and/or to prepay all or some Services before his/her stay and/or to pay any balance due on the day of his/her departure and/or to cover any cancellation fees that may be due.

For Accommodation Services:

In all cases, the amount to be paid will appear on the Website page dedicated to booking the desired room and/or suite and/or offer after the Customer has entered the desired dates of stay.

Depending on (i) the room and/or suite and/or offer booked and (ii) the desired booking dates, the payment, cancellation and modification policies may vary.

Depending on the applicable policy available on the booking page, the Customer may be required to:

  • Either not pay anything immediately, but provide his/her bank details to guarantee the booking of any Services. Pre-authorisation to debit the amount is then obtained by the Hotel (hereinafter “the guarantee”).

In this case, the Customer’s bank card is not debited when booking via the Website and the Customer shall pay the Hotel directly for his/her booking once on site. However, the total amount of the Services booked may be made temporarily unavailable by the Bank, depending on the Customer’s contract with his/her Bank, and you are therefore advised to contact your bank for more information.

In the event of a no-show, the interruption of a stay, or cancellation outside the agreed cancellation terms, the Hotel shall be entitled to charge all or part of the price of any Services booked, which shall then be deducted pursuant to the payment pre-authorisation. The amount actually debited will depend on the applicable cancellation policy available on the booking page or, in the case of no-show, referred to in paragraph 7.3 above.

  • Either the full cost of any Service(s) ordered on the date of the booking is payable,
  • Or only part of the price thereof is payable, by means of a deposit, the balance being intended to be paid no later than on the day of the Customer’s departure except in the event of a stay of more than 10 days as stated below. In any event, payment pre-authorisation will also be obtained at the time of booking in order to guarantee payment of any balance due.

The booking may only be deemed to be final and confirmed once the above payments have been made, or once bank details have been transmitted and approved, and payment pre-authorisation has been obtained.

If, for any reason whatsoever, the Customer’s bank account cannot be debited, or if the sums necessary for the guarantee are not available, the booking cannot be considered to be valid and HOTEL LUTETIA shall be immediately free to grant use of the room and/or suite and/or offer desired to any other person on the dates desired by the Customer.

In such a case, HOTEL LUTETIA shall inform the Customer by email at the email address provided at the time of booking.

Upon arrival, the Customer must present the credit card used at the time of booking to HOTEL LUTETIA, as well as a valid identity document. HOTEL LUTETIA may take an imprint of his/her credit card on site in order to verify the validity of that card and for the purposes of any Guarantees.

Upon departure from HOTEL LUTETIA, the Customer must pay all outstanding sums, including in particular the full cost of any Ancillary Services from which he/she has benefited during the stay.

In the event of a stay of more than 10 consecutive days at HOTEL LUTETIA, the Customer must make partial payments, every 7 days from his/her arrival, for any Services used to date.

CLAUSE 10. TERMS AND CONDITIONS OF STAY AT THE HOTEL LUTETIA

10.1. Pets

HOTEL LUTETIA authorises one pet weighing less than twelve (12) kilograms, subject to the Customer paying an additional amount of €50 per night.

The Customer undertakes to inform HOTEL LUTETIA of the arrival of a pet prior to the start of his/her stay.

The Customer undertakes to keep his/her pet on a leash or to carry it in a transport cage in the common areas.

For hygiene reasons, pets are not allowed in restaurant areas.

The Customer is liable for any damage caused by his/her pet, in particular to the staff and equipment of HOTEL LUTETIA, as well as to other customers and more generally to any third party.

The Customer is informed that staff will not clean rooms if a pet is present.

10.2. Children

Children must be supervised by their parents or, otherwise, by a responsible adult designated by the persons with parental authority. In any event, a child may only sleep alone in a room and/or suite if he/she is 14 years of age or above.

With regard to the SPA, children between 5 and 16 years old are permitted to access the pool every day at the times defined by HOTEL LUTETIA and displayed at the SPA reception. Accompaniment by a parent or by a responsible adult designated by those with parental authority is mandatory. That person will effectively supervise the children in the changing rooms and in the pool and surrounding areas. Boys are asked to change in the men’s changing rooms and girls are asked to change in the ladies’ changing rooms.

For safety reasons, no children under the age of 16 are permitted in the sauna, steam room or fitness room.

Body treatments and massages are available to guests over the age of 16.

10.3. No smoking

In accordance with French laws and regulations, smoking is strictly prohibited inside Hotel Lutetia.

The Customer is only authorised to smoke in the designated areas, in accordance with the legislation in force.

Any Customer who violates the smoking ban shall be subject to penalties, including special cleaning fees and fines in accordance with local regulations.

HOTEL LUTETIA reserves the right to charge additional fees to customers in the event of material damage caused by smoking in unauthorised areas.

10.4. Damage and breakages

During his/her stay, the Customer is responsible for the room and furniture provided. The Customer undertakes to return his/her room in a state of cleanliness that is consistent with the condition in which it was in at the time of arrival.

In general, the Customer shall be liable for any consequences resulting from his/her negligence, fault and error, and more generally, for any direct and indirect, material or immaterial damage caused to third parties or to HOTEL LUTETIA and its teams, which may be connected to such negligence, fault or error.

10.5. Terms of use of the SPA and its facilities

The Customer is informed that:

  • Running around the swimming pool and diving is prohibited;
  • It is advised that you do not remain in the sauna or steam room for more than the recommended duration;
  • The consumption of any food or beverage inside the sauna and steam room is prohibited;
  • Anyone who does not practise sports regularly or who practises physical and sports activities only occasionally is advised to tailor their exertion levels and to use the Spa facilities in moderation.

Customers must be fully aware of the internal regulations, the entry terms and conditions, the terms of use of the various facilities and equipment and of the risks incurred in the event of non-compliance with the safety regulations displayed. As safety is guaranteed by the good condition of the facilities and by strict compliance with the operating rules of the Spa, users must respect them. HOTEL LUTETIA shall not be held liable in the event of an accident due to non-compliance with the recommendations in these GTCS or in the documents referred to above.

A limited number of unnamed lockers are available to Customers and to Akasha Club Members. At the end of the day, HOTEL LUTETIA reserves the right to open any lockers that remain closed and to remove any clothing, items and accessories therein. These shall be kept and made available to their owners, and shall be returned to them, on request to the reception of HOTEL LUTETIA.

As a result, HOTEL LUTETIA cannot be held liable for the disappearance of any items stored as a locker does not have the same security as a safe.

The Customer shall therefore refrain from placing any valuables therein, as the Hotel shall not be liable in the event of loss and/or theft and/or damage.

CLAUSE 11. CONDITIONS APPLICABLE TO CERTAIN SERVICES AND SECURITY

11.1. Parking and valet parking

HOTEL LUTETIA offers the Customer the ability to use the hotel car park to park his/her vehicle.

HOTEL LUTETIA also has a valet parking service.

In the two cases referred to above, the Customer declares that he/she has all authorisations and in particular insurance for the vehicle.

In using the valet parking services, the Customer expressly authorises the staff of HOTEL LUTETIA to drive the vehicle to park it and confirms that he/she has the necessary insurance.

In accordance with Article 1954 of the French Civil Code, HOTEL LUTETIA is liable for the Customer’s valuables left in a vehicle, under the conditions referred to in Article 1954 of the French Civil Code.

11.2. Laundry service

Several types of service are possible and a description thereof is available in each room.

The amount of those services is also available in each room.

HOTEL LUTETIA accepts no liability in the event of the shrinkage or discolouration of garments, unless the Customer previously informed the Hotel of any washing instructions for garments, the specificities of which he/she alone knows.

11.3. Safety of persons and property

The Customer undertakes to comply with all the safety standards in force at HOTEL LUTETIA.

In order to ensure the Customer’s safety, HOTEL LUTETIA has several security measures in place:

  • CCTV of the reception and common areas,
  • Safes are available in rooms,

However, Customers are advised to exercise caution, particularly with regard to high-value items.

In accordance with the provisions of Article 1953 of the French Civil Code, in the event that items are stolen from a Customer’s room or from the Hotel premises, the damages payable are limited to 100 times the price per day of the room or suite.

11.4 Wi-Fi network

Customers may access the Hotel Wi-Fi free of charge.

The Customer shall refrain from any unlawful activity using the Hotel’s Wi-Fi network and shall not compromise its security.

The Hotel shall not be held liable for the consequences of improper or unlawful use of its network by the Customer.

CLAUSE 12. PROTECTION OF PERSONAL DATA

To enable the online booking of its Services and the signing of the contract, HOTEL LUTETIA shall collect personal data essential for the registration, processing and confirmation of bookings, such as, in particular: the title, surname, first name, age, home address, billing address, email address, telephone numbers (work, home, mobile) of each Customer.

As stated in the Privacy Policy also reproduced on the Website, the data controller is L.HOTEL SNC located at 43 boulevard Raspail, 75006 Paris, listed on the Paris Trade and Companies Register under no. 451 324 867.

The Customer may object to the processing of his/her personal data. However, in such a case, HOTEL LUTETIA will not be able to respond favourably to his/her booking as the collection and processing of the Customer’s data is essential for performing the Services.

The Customer’s personal data is collected and processed in accordance with the legislation in force on the protection of personal data.

The Customer is informed that his/her data may solely be disclosed, in whole or in part, to the employees and service providers (in particular subcontractors) of HOTEL LUTETIA involved in the performance of the Services, who are bound by confidentiality and security commitments, in accordance with the legislation in force on the protection of personal data.

The Customer’s personal information will be retained for as long as necessary until the Services are performed by HOTEL LUTETIA, unless the Customer exercises his/her right to delete his/her data, or unless a longer retention period is authorised or imposed pursuant to a legal or regulatory provision. During this period, HOTEL LUTETIA shall implement all resources to ensure the confidentiality and security of the Customer’s personal data, so as to prevent its damage, erasure or access by unauthorised third parties.

However, some recipients of your data are located outside the European Union, in the United States as well as in the United Kingdom.

The following guarantee has been made to ensure an adequate level of protection of your information since the European Commission declared, by decision of 10 July 2023, that the United States offered a level of protection of personal data equivalent to the European Union and therefore adequate for any commercial activity. This was also the case for the United Kingdom pursuant to a decision of 28 June 2021. If this situation were to change, HOTEL LUTETIA would ensure that the transfer is regulated, in accordance with GDPR requirements (standard protection clauses adopted by the European Commission or the CNIL, binding corporate rules approved by the CNIL, code of conduct approved by the CNIL or certification issued by an accredited certification body).

In addition to the cases set out above, HOTEL LUTETIA will take adequate measures to ensure the protection of your personal information, for example by ensuring that such transfers comply with the conditions of EU standard clauses or any other adequate transfer mechanism, in accordance with applicable data protection legislation.

Pursuant to the regulations applicable to personal data, the Customer has the following rights which he/she may implement by providing proof of his/her identity (in order to verify the Customer’s true identity):

  • he/she may exercise his/her right to access and know his/her personal data, by writing to the following email address: [email protected].
  • he/she can ask for the information to be corrected, by writing to the following email address: [email protected];
  • he/she may ask for his/her personal data to be removed, in accordance with applicable data protection laws, by writing to the following email address: [email protected];
  • The Customer may ask for his/her data to be updated by writing to the following email address: [email protected].
  • he/she may request the portability of his/her personal data, by writing to the following email address: [email protected].

During the implementation time of the above operations by the data controller, the Customer may restrict the processing of his/her data, also by writing to the following email address: [email protected].

The Customer may also exercise the aforementioned rights by writing to Lutetia, DPO, 45 boulevard Raspail, Paris, 75006 France

For any additional information or complaint, please contact the French Data Protection Authority (CNIL) (more information at www.cnil.fr).

CLAUSE 13. BLOCTEL

Pursuant to Article L. 223-1 of the French Consumer Code, the Customer may register with a Bloctel telephone marketing opt-out list (www.bloctel.gouv.fr) free of charge in order to no longer be approached by a professional by telephone, except in the case of solicitations made pursuant to a contract in progress and relating to the purpose of that contract.

CLAUSE 14. INTELLECTUAL PROPERTY

The trademarks reproduced on the Website as well as all figurative and non-figurative trademarks and more generally, all other trademarks, illustrations, images and logos appearing on the Website either (i) are and shall remain the exclusive property of HOTEL LUTETIA or (ii) are the subject of a user licence granted to HOTEL LUTETIA alone.

Any total or partial reproduction, modification or use of those trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express, prior consent of HOTEL LUTETIA, is strictly prohibited.  The same applies to any combination or convergence with any other trademark, symbol, logo and more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model or patent affecting, as the case may be, the Services or the Website, which are the property of HOTEL LUTETIA, or the personal use of which has been granted by the owner.

The Customer is informed that various works of art are present within HOTEL LUTETIA, without HOTEL LUTETIA necessarily holding the reproduction and representation rights or secondary and derived rights relating thereto. Therefore, prior to reproducing any work present in the Hotel in whole and/or in part, the Customer shall be responsible for checking with the teams of HOTEL LUTETIA that the reproduction and/or dissemination thereof does not require prior authorisation from their author. In any event, HOTEL LUTETIA cannot be held liable in the event of the unauthorised reproduction and/or representation and/or use of these works.

CLAUSE 15. FORCE MAJEURE

The Parties agree to apply Article 1218 of the French Civil Code and the case law of the French courts. Thus, force majeure occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of signing the contract and the effects of which cannot be avoided by appropriate measures, impedes the debtor from performing its obligation.

Events of personal convenience are not considered to be events of force majeure.

The performance by the parties of their obligations shall be suspended in the event of the occurrence of a force majeure event which would hinder or delay performance. However, if the force majeure event definitively impedes the performance of their obligations, the contract binding the parties shall immediately end.

The parties shall notify each other immediately of the occurrence of such a force majeure event.

When the suspended performance of their obligations continues for a period of more than one hundred and twenty days, the Customer will be entitled to cancel the booking in progress and HOTEL LUTETIA will then refund the booking in full.

CLAUSE 16. GOOD CONDUCT

The Customer shall use the private and common areas of the Hotel made available to it in a prudent and responsible manner. Any conduct inconsistent with common decency and public order may authorise HOTEL LUTETIA to ask the Customer to leave the Hotel.

CLAUSE 17. APPLICABLE LAW AND DISPUTE RESOLUTION

These GTCS are subject to French law, unless there are mandatory provisions to the contrary arising from Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).

Pursuant to Article L. 612-1 of the French Consumer Code, any consumer has the right to appeal to a consumer mediator free of charge for the amicable resolution of a dispute between them and a professional.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, we offer a consumer mediation system.

The chosen mediation entity is: CNPM MÉDIATION CONSOMMATION.

In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM MÉDIATION CONSOMMATION – 27, avenue de la Libération – 42400 Saint-Chamond

In addition, the European Commission has set up a dispute resolution platform that collects any consumer complaints following an online purchase and sends them to the competent national mediators. This platform can be reached at the following link: http://ec.europa.eu/consumers/odr/

If the GTCS were to be translated into another language, the French version will take precedence.

Any difficulties relating to the interpretation, performance or expiry of the GTCS or of the Services shall be subject, in the absence of an amicable agreement under the above conditions, to the jurisdiction of the French Courts.

In accordance with the provisions of Regulation No 44/2001 of 22 December 2000:

  • the Customer may choose to bring any dispute either before one of the courts with territorial jurisdiction pursuant to the French Code of Civil Procedure, or the court in the place where the Customer resided at the time of signing the contract, or at the time of the harmful event, in accordance with Article R. 631-3 of the Consumer Code;
  • the Hotel may refer the matter to the court in the place where the Customer is domiciled.

APPENDIX

MODEL LETTER FOR USING THE RIGHT OF WITHDRAWAL PROVIDED FOR IN CLAUSE 6

(Please only complete and return this form if you wish to withdraw)

For the attention of [the professional insert his/her name, geographical address and email address here]:

I hereby notify you of my decision to withdraw in relation to the Gift Voucher and/or the ancillary Service booked and paid for online below:

Booking made on (X) / confirmed on (X)

Consumer name:

Consumer address:

Signature of the consumer (only in case of notification of this form on paper):

Date:

General Terms and Conditions of Use

L.HOTEL SNC, 43 boulevard Raspail, 75006 Paris, with share capital of €12,128,788, listed on the Paris Trade and Companies Register under no. 451 324 867 (hereinafter referred to as “L’HOTEL LUTETIA” or “HOTEL LUTETIA” or “Hotel”), publishes a website at the following URL: hotellutetia.com (hereinafter “the Website”).

Its Siret number is 45132486700022 and its intra-community VAT number is FR16451324867. Its telephone number is: + 33 (0)1 49 54 46 00 and its email is: [email protected].

PREAMBLE:

Our general terms and conditions of use (hereinafter “GTCU”) define and govern the terms and conditions of use of our Website and determine the respective rights and obligations of the user and the publisher in the use thereof.

In accessing our Website, you certify that you have read and shall comply with our GTCU.

The Website at the URL www.hotellutetia.com and all its features and content belong to HOTEL LUTETIA.

CLAUSE 1: GENERAL PROVISIONS 

These GTCU come into force on the date they are posted online. Consultation and use of the Website implies unreserved acceptance of these GTCU and compliance with the legal and regulatory provisions in force.

It is therefore your responsibility to read these GTCU as soon as you connect to the Website for the first time and to consult them regularly.

CLAUSE 2: ACCESSIBILITY AND AVAILABILITY OF THE WEBSITE

The Website is accessible free of charge via the Internet and can be viewed from a computer connected to the Internet via a browser.

All costs necessary to access the services (computer equipment, Internet connection, etc.) shall be borne by the Internet user accessing the Website (hereinafter “the User”).

HOTEL LUTETIA reserves the right to modify or to temporarily or permanently interrupt the operation of all or part of the Website, without prior notice, for maintenance or other purposes, which the User expressly accepts. HOTEL LUTETIA will do its utmost to remedy these inconveniences quickly.

CLAUSE 3: ERRORS AND CORRECTIONS

HOTEL LUTETIA does not represent or warrant that the Website, its content or its publications are free from errors, viruses or other harmful elements related to Internet constraints.

HOTEL LUTETIA is authorised to improve and/or modify the features, functionalities, content and publications of the Website at any time.

CLAUSE 4: LIABILITY 

The User acknowledges that the characteristics and constraints of the Internet do not warrant the security, availability or integrity of data transmissions. The User undertakes to take all appropriate measures to protect his/her own data, information system and/or software from any intrusion and contamination by any viruses.

HOTEL LUTETIA cannot be held liable in the event of the suspension or interrupted operation of the Website, the unavailability, inability to access or poor conditions of use of the Website attributable to inappropriate equipment, any internal malfunctions within the User’s Internet service provider, Internet network congestion, or for any other reasons external to HOTEL LUTETIA.

HOTEL LUTETIA accepts no liability for any loss, prejudice, liability or damage of any kind resulting from your use of the Website.

The User shall not fraudulently access or remain on the Website, impede or alter the operation of the Website, in particular through a virus or malware, or cause any damage to the Website.

CLAUSE 5: INTELLECTUAL PROPERTY

5.1.     Website Ownership

HOTEL LUTETIA declares that the Website is its property within the meaning of the provisions of the French Intellectual Property Code or, otherwise, that it has acquired all the rights necessary for its operation. The User shall not directly or indirectly infringe the intellectual property rights of HOTEL LUTETIA in any way whatsoever.

The granting of a right of use to the User shall not transfer any proprietary right to the Website and/or to its content.

In accordance with the provisions of the French Intellectual Property Code, all use of the Website and its Content, that is not expressly authorised by HOTEL LUTETIA pursuant to these GTCU, is unlawful, and is likely to constitute an infringement.

5.2.  Ownership of Content

The content of the Website (hereinafter the “Content”) is protected by copyright and, more generally, by intellectual property law.

The information on the Website is only available for consultation by the User, in the absence of express, prior consent.

Any total or partial use of the Website or of its content, by any process whatsoever and on any medium whatsoever, for commercial or advertising purposes, is prohibited and shall render the User liable.

CLAUSE 6: RESTRICTIONS ON USE OF THE WEBSITE

Any use not expressly authorised by HOTEL LUTETIA hereunder is unlawful.

Consequently, the User shall not:

  • use network monitoring or discovery software to determine the architecture of the Website or to extract data relating to its use or Users;
  • use robots or other software, automatic systems or manual processes to monitor or copy the Website;
  • use the Website, including the content delivered to the User, in conjunction with a generative AI solution regardless of the method of data delivery;
  • use the Website to transmit false, misleading, fraudulent or unlawful communications.

CLAUSE 7: ACCOUNT

The User may create an account with “Discovery Loyalty” in order to join the THE SET DISCOVERY and GHA DISCOVERY loyalty programme, via a hypertext link on our Website directing you to the www.thesetcollection website. That website is published by THE SET COLLECTION and has its own privacy and membership policies, which the User must read.

CLAUSE 8: AMENDMENTS TO THE GTCU

Our GTCU reflect our current practices and may be amended and updated from time to time. When changes are made, the “Date Updated” at the bottom of the GTCU is amended to indicate the effective date of such changes.

Those changes are published by posting them online and are deemed to be unreservedly accepted when you access the Website after they have been posted online.

We advise you to consult our GTCU regularly.

CLAUSE 9: APPLICABLE LAW – JURISDICTION

These GTCU are drawn up in accordance with French law. Pursuant to Article L. 612-1 of the French Consumer Code, any consumer has the right to appeal to a consumer mediator  free of charge for the amicable resolution of a dispute between them and a professional.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, we offer a consumer mediation system.

The chosen mediation entity is: CNPM MÉDIATION CONSOMMATION.

In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM MÉDIATION CONSOMMATION – 27, avenue de la Libération – 42400 Saint-Chamond

In addition, the European Commission has set up a dispute resolution platform that collects any consumer complaints following an online purchase and sends them to the competent national mediators. This platform can be reached at the following link: http://ec.europa.eu/consumers/odr/

Any difficulties relating to the interpretation, performance or expiry of the GTCU or of the Services shall be subject, in the absence of an amicable agreement under the above conditions, to the jurisdiction of the French Courts.

In accordance with the provisions of Regulation No 44/2001 of 22 December 2000:

  • the User may choose to bring any dispute either before one of the courts with territorial jurisdiction pursuant to the French Code of Civil Procedure, or the court in the place where the User resided at the time of signing the contract, or at the time of the harmful event, in accordance with Article R. 631-3 of the Consumer Code;
  • the Hotel may refer the matter to the court inf the place where the User is domiciled.

CLAUSE 10: ADVERTISING

The Website may contain advertising and sponsorship materials. Advertisers and sponsors are responsible for ensuring that the materials submitted for publication on our Website are accurate and compliant with the applicable law. HOTEL LUTETIA accepts no liability in the event that the documents issued by advertisers or sponsors are unlawful, inaccurate or contain any errors or omissions.

CLAUSE 11: THIRD-PARTY CONTENT

Third-party content (such as a blog) may be published on the Website or may be accessed through links on the Website.

HOTEL LUTETIA accepts no liability for any violations, errors, misinterpretations of law, defamation, slander, omissions, lies, obscenity, pornography or vulgarity that may appear in statements, opinions, representations or any other form of content issued by third parties and published on our Website or on other websites accessible via hypertext links on our Website.

The User certifies that he/she has understood that any information and opinions expressed in third-party content are not approved by HOTEL LUTETIA and do not reflect its thoughts or opinions.