General terms and conditions
The present document constitutes the general booking conditions (the "GTC") of Etablissements Gogaille. The T&C will be accessible at https://gogaille.fr/terms/general-conditions (the "Site"). By making a reservation with our Establishments, you (the "Customer" or "You") accept the present GTC, and acknowledge having read our Personal Data Protection Policy available here.
PRELIMINARY ARTICLE - DEFINITIONS
In the following, the terms below will have the following meaning:
"Client": means a natural person of legal age who has full legal capacity at the time of signing the reservation contract, or a legal entity duly represented by a natural person with the capacity and legal authority to represent it. "Establishments": means the hotel or tourist establishments under the Gogaille brand name for which it is possible for a Client to make a Reservation.
The Establishments are the following:
"GOGAILLE Limoges": refers to SAS GOGAILLE LIMOGES, with a capital of 10,000 Euros, registered in the Limoges Trade and Companies Register under number 902.903.897 and whose Head Office is located in Limoges (87000), 8 rue Adrien Dubouché (France). Gogaille Limoges Establishment: 4 rue de la Préfecture 87000 Limoges
"GOGAILLE": refers to the company GOGAILLE, a simplified joint stock company with a capital of 102,000 Euros, registered in the Bordeaux Trade and Companies Register under number 809.853.963 and whose Head Office is located in BORDEAUX (33000), 5 allées de Tourny (France), which owns the GOGAILLE brand under which the Establishments are operated. For the purposes of the present document, GOGAILLE acts in the name and on behalf of all the Establishments.
"Service(s)": refers in particular to the accommodation services offered and provided by the Establishments, as well as all the ancillary services also offered by the Establishments (catering, karaoke hire, extras, etc.). Reservation(s)": refers to any reservation of a Service in one of the Gogaille Establishments, whether made online, by telephone or by e-mail. "Site": electronic service operated by GOGAILLE on the Internet and accessible at the URL address http://www.gogaille.fr
ARTICLE 1 – SCOPE OF APPLICATION
1.1 Scope
These GTC apply, without restriction or reservation, to all Reservations made with Establishments under the GOGAILLE brand.
Specific conditions may nevertheless be applicable in the case of group Reservations or for particular events.
1.2 Duration
These GTC apply for the entire duration of the marketing of temporary accommodation and other complementary services offered by the Establishments under the GOGAILLE brand.
GOGAILLE reserves the right, without prior notice or compensation, to temporarily or permanently close down, in whole or in part, the establishments, the Website, the online reservation space or any other reservation process.
GOGAILLE will not be held responsible for any damage of any kind that may result from the temporary unavailability of all or part of the Site or the reservation procedures.
GOGAILLE reserves the right to adapt or modify these GTC at any time. In case of modification, the GTC in force at the time of the Reservation will be applied.
1.3 Legal regime
These GTC are subject to the provisions of articles L. 221-1 et seq. of the Consumer Code.
Any Reservation is subject to these GTC as well as to the specific conditions for each of the Services offered by GOGAILLE.
1.4 Object
The present GTC define the rights and obligations of the parties in the context of the Reservations of Services offered by GOGAILLE.
The GTC govern all the steps necessary for the making and follow-up of the Reservation, its maintenance and validity, and the payment of the related price.
ARTICLE 2 - CAPACITY AND ACCEPTANCE OF THE CUSTOMER
All Customers acknowledge that they have the capacity to contract under the conditions described in the GTCs presented below, i.e. that they are of legal age and are not under guardianship or curatorship. To this end, GOGAILLE reserves the right to ask the Customer, on arrival at the Establishment, for proof of identity, indicating in particular their date of birth.
Any minor must be accompanied by a person who can prove that they have parental authority over the minor. Foreign customers are obliged to fill in an individual police form online during the registration process, in accordance with the provisions of article R.611-42 of the French Code of Entry and Residence of Foreigners.
The Customer acknowledges that these GTC are an integral part of the Reservation contract that he/she concludes with GOGAILLE and that he/she has read them before validating his/her Reservation and has freely accepted all the terms. The Customer therefore accepts that the GTC, or any other contractual document informing him/her of the characteristics of the Services and associated special rates, are presented to him/her online on the Website for the purposes of concluding the Reservation contract. The Client therefore declares that he/she has obtained from GOGAILLE and the Establishments all the necessary information prior to making the Reservation.
Any validation of a Reservation by the Client requires the prior acceptance of these GTC in their entirety. The Customer has the option of saving and editing these GTC from the Site using the standard functions of their browser and/or computer. The Client expressly accepts that the entry of the banking information required during the Reservation process, the acceptance of these GTC and the validation of the Reservation request (in particular by the Client clicking on the "validate" button) constitute an electronic signature within the meaning of Article 1367 of the French Civil Code, which has, between the parties, the same value as a handwritten signature.
ARTICLE 3 – RESERVATION
The Site offers the Customer the possibility of reserving a room in the Establishment of his choice, according to transparent contractual rates with or without options or extras left to the free subscription of the Customer.
The Customer acknowledges that he/she has read the characteristics of the selected Hotel and the booking procedures for the Services available on the Site, and that he/she has requested and obtained all necessary and/or additional information in order to make his/her Reservation in full knowledge of the facts.
The Customer is solely responsible for the choice of Services and their suitability for his/her needs, so that GOGAILLE and the Establishments cannot be held liable in this respect.
For any reservation made prior to the opening of an Establishment: it is deemed to have been made subject to the Establishment being open and the premises reserved being accessible on the date of the Customer's stay. In the event of non-availability, the Client will be informed at the latest 15 (FIFTEEN) days before the planned date of arrival. GOGAILLE will then offer the Client a reservation in an establishment of similar or lower standing. The Client will be free to accept the change of establishment or to cancel the Reservation.
Under no circumstances may GOGAILLE be held responsible for a delay in the opening date or a change in the proposed establishment. The delay in the opening date or the change of establishment will not entitle the Customer to any compensation from GOGAILLE or any other subsidiary of the group.
3.1 Online booking process
Gogaille uses the secure payment method provided by ADYEN through a distance selling contract concluded with ADYEN. At no time does Gogaille have knowledge of the Customer's credit card number.
All the data related to the credit card data (credit card number and expiration date) are encrypted in SSL and directly sent to the payment processing center. The encryption means and services used to secure the transactions have been declared or authorized in accordance with the legislation in force.
Adyen B.V. is a company registered in Amsterdam (The Netherlands) under number 34259528, whose registered office is located at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, The Netherlands. For information, the Customer can visit the following website: https://www.adyen.com.
Reservations made by the Client can be made via an online reservation tool on the Site.
The Reservation is deemed accepted by the Client at the end of the Reservation process by clicking on the "Validate" button.
The Reservation is deemed to have been made as soon as GOGAILLE has sent confirmation of the Reservation.
The Customer undertakes, prior to any Reservation, to complete the information requested. The Client attests to the truthfulness and accuracy of the information provided.
The secure Reservation procedure includes the following stages - it being specified that it is always possible for the Customer to abandon the Reservation before definitively validating it, or to go backwards in the Reservation process by clicking on the previous stage to modify the data:
Page 1 :
- Choice of the place of stay: the Customer determines by a click the Establishment by choosing the city in which he wishes to stay;
- Choice of the start date of the stay (check-in date) and the end date of the stay (check-out date) on the calendar;
- Choice of the number of travelers;
Page 2 : choice of the type and size of the room, then choice of the rate;
Page 3 : choice of arrival time and departure time;
Page 4 : choice of ages
Page 5 : choice of extras (optional)
Page 6 : reserve for someone else (optional)
Page 7 : billing address (optional)
Page 8 : the client accepts the general conditions and clicks on pay to finalize his reservation.
GOGAILLE acknowledges receipt of the Client's Reservation by sending an e-mail to the Client at the e-mail address previously provided.
In the case of online reservations, the acknowledgement of receipt of the Reservation by e-mail summarises the essential characteristics of the Reservation: the Services reserved, the rates, the main reservation conditions applicable, as previously accepted by the Client, the dates of stay, information relating to Customer Service, as well as the address of the Establishment to which the Client may submit any complaints.
3.2 Reservation by telephone or e-mail
When a reservation request is made by telephone or e-mail, the selected establishment offers - by telephone or e-mail sent to the number or e-mail address used to send the reservation request - the rates available in real time and the related additional services according to the Client's request for the dates requested.
These GTC and the summary of the Customer's Reservation request are also sent to the Customer by e-mail.
3.3 Right of withdrawal - Cancellation
The Customer is reminded, in accordance with article L.221-28 12° of the French Consumer Code, that he/she does not have the right of withdrawal as provided for in article L.221-18 of the French Consumer Code, as soon as the Services are provided on a specific date or according to a specific frequency.
Without prejudice to the above provisions, the contractual terms and conditions may, where applicable, provide for a cancellation option when the Reservation is made under the heading "Flexible rate", depending on the terms and conditions of the Reservation validated by the Customer as indicated for each rate. In this case, the Client is informed of his right to cancel and of the related contractual conditions, which he is reminded of before validating his Reservation and also in the confirmation of his Reservation sent by the selected Establishment.
If the particular conditions of the Reservation allow it (i.e. for "Flexible rates" booked), the right of cancellation by the Customer must be exercised at the latest before the local arrival time of the country of the Establishment on the day of the customer's arrival. If the customer has chosen an early arrival time, the latter shall apply. If no early arrival time has been selected, the facility's predefined arrival time of 4:00 pm applies. Late notification of cancellation will result in the application of late cancellation fees: these fees are equal to one night's accommodation, plus any extras listed in the Customer's Reservation, according to the applicable rate, all taxes included.
The Customer can use his right of cancellation on the Site by clicking on the "Cancellation" button which takes the Customer to the page dedicated to this purpose and where the Customer must follow the steps indicated in order to make the exercise of his right effective. The Customer is reminded that Reservations linked to a non-refundable rate cannot be modified or cancelled. The amounts paid will not be refunded or exchanged.
In the event of interruption of the stay, apart from any cancellation conditions purchased by the client at the time of reservation, the entire price of the Reservation will be cashed without any right to reimbursement or to any credit or exchange for the Client for the unused portion of the Services in the Establishment. Unless otherwise expressly agreed, the Client must leave the room before noon (12.00AM) on the day of the end of his stay. Failing this, he/she will be charged for a private night's stay at the rate in effect on that day.
Without prejudice to the application of the right of cancellation under the conditions mentioned above for the "Flexible Rate", any failure by the Client to arrive at the establishment without prior notification to the establishment to take possession of the reserved room, shall constitute the release of the Reservation in its entirety, implying the availability of the reserved night(s) and shall automatically result in the payment of all the costs relating to the reserved stay, including all the nights and extras reserved, taxes included, without any right to reimbursement to the Client.
ARTICLE 4 - FEES - PAYMENT
4.1 Rates
The rates relating to the Reservation of Services are indicated before and during the Reservation process. The rates are valid in real time regardless of the method of Reservation selected by the Customer: the rates are valid at the time of the Reservation request made by the Customer. In any event, the specific rate conditions related to each rate/type of room or additional services appear opposite each of the Services for which the Customer has made a Reservation.
The rates displayed are valid only for the period indicated on the Site.
The rates indicated are per room, for the number of person(s) and the dates selected by the Client, and - unless a special extra is subscribed for this purpose - the rates concern a check-in by the Client at 4:00 p.m. and a check-out at 12:00 p.m.
The tourist tax indicated for each rate is directly deducted by Gogaille and paid to the town hall: it is included in the price of the Reservation.
The rates are subject to value added tax (VAT) and are displayed in the amount including VAT at the rate in force at the time of the confirmation of the reservation in the currency of the country according to the IP address of connection. The prices take into account the VAT applicable on the day of the Reservation and any change in the applicable VAT rate will automatically be reflected in the prices indicated, in particular in the event of a change in the rate applicable on the day of consumption of the stay and of the extras subscribed to in relation to the rate applicable at the time the Reservation is made.
All Reservations, regardless of their origin, are payable in the local currency indicated for the Establishment. The foreign currency conversion indicated at the time of the Reservation is given as an indication and is not contractual. Only the currency confirmed at the time of the Reservation is guaranteed. If the payment is made in a currency other than the currency of the country where the Reservation was made (IP address location), the exchange fees will be charged to the Client.
The rates are systematically indicated during the Reservation process on the Site. The same applies to the total price of the Reservation before validation by the Client, and this until the last step, with the acknowledgement of receipt of the Reservation also summarizing the content of the Reservation and the rate applied.
No discount or rebate will be applied by the Establishments for payment prior to the dates and conditions set out in these GTC or online by payment during the Reservation process or on the invoice issued by the Establishments.
The existence of rates indicated as "Best Rate" at the time of the online Booking process, or offline (by phone or e-mail), are in no way exclusive of the existence of a rate at a lower price for the same services, which would have been offered before or which would be offered after the process, under an identical or different commercial wording, but which are no longer or not yet in force at the time of the reservation. To this end, the creation of rates at a lower price than that indicated in the reservation, and which would be in force at a time other than that at which the reservation is made, can never give rise to the application of these lower rates to the benefit of the Client. Only the contractual rate, in force at the time of the reservation, is valid between the parties.
4.2 Payment
In order to validate the Reservation, the Client must communicate his bank details for the purposes of payment of his Reservation.
The Customer must then communicate the details of his credit card (Visa, Mastercard International, Eurocard/Mastercard, American Express) by indicating directly in the area provided for this purpose the number of the card, without any space between the digits, as well as its date of validity and the visual cryptogram via the payment platform dedicated to this purpose. The same applies to the communication of bank details required for Reservations made by telephone or e-mail according to the conditions indicated below, which imply either payment at the time of the Reservation, or the requirement of a deposit by credit card imprint depending on the price of the Reservation.
The service provider chosen by GOGAILLE to secure bank payments and the communication of bank details, checks the validity of the Customer's payment card. The payment card may be refused for several reasons: stolen card, blocked card, ceiling reached, input error, etc. In case of difficulty or impediment, the Customer should contact his bank to identify its origin and to proceed with his Reservation.
In all cases, an invoice is drawn up in duplicate by GOGAILLE, one copy of which is made available to the Client on his/her account when he/she leaves (checks out) the Establishment at the end of the stay.
In any case, any Extra or other Service that has been booked and provided by the Establishment during the Customer's stay, except in the case of prior payment of this Service, must be paid by the Customer at the latest at the time of Check-out.
It is specified that payment by cheque is not accepted, whether for temporary accommodation and/or catering services, extras, and/or any other services or sales of products provided by the Establishments to the Customer during his stay.
ARTICLE 5 – COMPLAINTSFor any complaint relating to a Reservation made in one of the Establishments, the Client must send a letter or e-mail to the Establishment reserved at the corresponding addresses mentioned in the preliminary article of these GTC.
In the event of a technical problem and/or overbooking, preventing the Establishment from proceeding with the reservation made by the Client, GOGAILLE undertakes to inform the Client as soon as possible and to reimburse him/her immediately for the price of the reservation. The Customer may not claim any additional indemnity, penalty or compensation from GOGAILLE.
The Customer is informed of the possibility of having recourse, in the event of a dispute relating to these General Conditions, to a conventional mediation procedure or any other alternative method of dispute resolution, under the conditions set out in Title I of Book VI of the Consumer Code.
After having referred the matter to the Customer Service Department in an attempt to resolve the dispute amicably, and in the absence of a satisfactory response or of a response within sixty (60) days from the date of referral, the Customer may thus refer the matter to the Tourism and Travel Mediator by e-mail via the referral form available on the website https://www.mtv.travel, or by post to the following address
Association de Médiation Tourisme et Voyage (MTV) 17 avenue Carnot 75017 PARIS
ARTICLE 6 – LIABILITY - FORCE MAJEURE
6.1 Non-completion of the Reservation
In all cases, GOGAILLE cannot be held responsible in the event of the Reservation not being completed and/or not being recorded, and in particular due to the fact that the Customer has not correctly made the Reservation in accordance with the conditions set out in these GTC and according to what is displayed on the Customer's fixed or mobile computer terminal during the online Reservation process.
6.2 Limitations of the Internet network
Furthermore, by booking on the Website, the Customer acknowledges and accepts the characteristics and limits of the Internet network, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, the risks associated with the connection, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network.
GOGAILLE cannot be held responsible for malfunctions that may affect the Internet network and de facto the Website, or for any configuration problem or problem linked to a given terminal or browser.
GOGAILLE does not guarantee either that the Website will function without interruption, or that it will not contain any computer error. Similarly, hypertext links on the Website may lead to other websites, and GOGAILLE accepts no responsibility for the content of these sites or the services offered.
Consequently, GOGAILLE cannot be held responsible, directly or indirectly, in the event of routing problems or communication breakdowns, difficulties or impossibility of connection or breakdown of the Website server. In particular, GOGAILLE cannot be held responsible for any damage, material or immaterial, direct or indirect, caused to Customers, their computer equipment and the data stored on it, and for the consequences that this may have on their personal, professional or commercial activity.
Similarly, although the Establishments offer, more particularly in the rooms or apartments reserved, an Internet access service by Wifi, in the event of total or partial failure of this service for any reason whatsoever, during the period of stay in the Establishment, the Client shall have no right to cancel the Reservation, nor to any compensation whatsoever.
6.3 Force Majeure
GOGAILLE cannot be held responsible for the total or partial non-performance of its obligations under the Reservation in the event of a force majeure event within the meaning of case law and article 1218 of the Civil Code, or more generally for any act of a third party, act of the Client or act of commercial partners, and in particular, but not exclusively, in the event of unavailability of the Internet network, impossibility of access to the Site, external intrusion, computer viruses or in the event of unauthorised prepayment by the Client's bank.
The execution of GOGAILLE's obligations will then be suspended in the event of the occurrence of an event that would prevent their total or partial fulfilment: GOGAILLE will notify the Customer as soon as possible.
6.4 Warranty
GOGAILLE endeavours to ensure that the photographs, graphic representations and texts reproduced to represent the Establishments give as accurate an idea as possible of the accommodation, catering and other complementary Services offered.
However, the photographs are not contractually binding because, on the one hand, the various rooms, even when they are all at the same rate, are all of different sizes, and on the other hand, variations may occur, particularly due to changes in furniture, new decorations or renovations. With the exception of a Reservation made with an express request for the allocation of a room and which is confirmed in writing by the establishment, the Client may not make any claim for this reason, as long as these variations do not affect the essential characteristics of the Service.
6.5 Valuables
Safes are available to customers in the Establishment for any deposit of valuables so that the Customer may, on arrival at the Establishment, request the use of this service, at no extra cost.
Under no circumstances will GOGAILLE be responsible for theft or damage to valuables left by the Client in the rooms or in the vehicles parked in the parking lot of the Establishment. Consequently, by express agreement between the parties, it constitutes a fault on the part of the Customer, for which he/she will bear all the consequences, not to store personal effects, objects and jewelry with a value estimated at more than 1,500 Euros by the Customer, in the strongboxes of the Establishment so that they can be placed in a safe place. In the same way, by express agreement between the parties, it is notably a fault of the Client to leave the door of his/her room unclosed, unlocked, as well as the windows of the room during his/her stay.
GOGAILLE cannot be held responsible for damage caused by animals present in the Establishment, as these remain under the responsibility of their owner or guardian in accordance with the provisions of article 1243 of the Civil Code.
ARTICLE 7 – PERSONAL DATA - IMAGE RIGHTS
The information requested from the Client during the Reservation process, which is fully secured from start to finish, is necessary for the processing of the Reservation and will be communicated to the reserved Establishment and to the online payment provider.
The Customer is informed that the processing of this personal data is governed by our personal data protection policy, which describes the way in which GOGAILLE, in its capacity as data controller, collects, uses, protects and shares the personal data of its Customers and contacts, as well as the rights that Customers have with regard to their personal data. This personal data protection policy is an integral part of these GTCs: the Client must accept them before validating their Reservation.
By making a Reservation, the Customer agrees that GOGAILLE may collect personal data concerning him/her, in particular in order to (i) fulfil its obligations towards the Customer by including him/her in the customer file, (ii) make the Reservation, (iii) inform the Customer, by e-mail of special offers and any new similar services created by GOGAILLE, information which the Customer can systematically remove by unsubscribing or refusing to communicate their personal data to third parties by activating the link dedicated to this purpose which appears on the Reservation confirmation e-mail sent to the Customer.
During the Reservation process, the Client is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers, respectively by the presence or absence of an asterisk.
In particular, when paying online, the Customer's bank details must be transmitted by the payment service provider to the Establishment's bank, for the execution of the contract. The Customer is informed that this transfer of data may therefore be carried out in foreign countries which do not have adequate protection of personal data within the meaning of the law n°78-17 of January 6, 1978 (art.69). However, the Customer agrees to this transfer for the execution of his contract. The payment service provider is committed to GOGAILLE to take all security measures and respect the confidentiality of the data for the said data transfers.
ARTICLE 8 – MISCELLANEOUS
Hosting of the website: AMAZON WEB SERVICES EMEA SARL 38 av. John F. Kennedy L-1855 Luxemburg These T&Cs are supplemented by the Legal Notice, the Personal Data Protection Policy and the Cookies Notice. These T&Cs are governed by French law. In the event that any of the provisions of these T&Cs are declared null or void, in any way and for any reason whatsoever, they will be deemed unwritten and will not invalidate the other provisions. All disputes which may arise between the parties on the occasion of the interpretation and/or execution of these GTC will be subject, in the absence of an amicable agreement, to the exclusive jurisdiction of the competent court within the jurisdiction of the Court of Appeal of Paris, with the exception of disputes concerning non-commercial persons and for which the legal rules of attribution of material jurisdiction apply.