GENERAL TERMS AND CONDITIONS OF SALE
HOTEL PARADISO
Latest version: 27 May 2021
PREAMBLE
MK2 HOTEL is a société par actions simplifiée (simplified joint-stock company) registered in the Paris Trade and Companies Register (R.C.S.) under the number 808 635 585 and whose registered office is located at 55 rue traversière, 75012 PARIS – share capital: 5,000.00 Euros. EU VAT number: FR 11808635585 (hereinafter referred to as “MK2 HOTEL” or “MK2”).
MK2 HOTEL operates the HOTEL PARADISO located at 135 boulevard Diderot, 75012 PARIS (hereinafter “the Hotel”) and the website “mk2hotelparadiso.com” (hereinafter “the Site”) which allows customers to make a reservation at the Hotel and which provides information on the services of MK2 HOTEL.
These General Terms and Conditions of Sale apply to any person wishing to make a reservation for room(s) and any additional services at the Hotel (hereinafter referred to as the “Customer”), in addition to the General Terms and Conditions of Use of the Site (hereinafter referred to as the “General Terms and Conditions of Use”), which can be accessed at the foot of the Site, and which govern the use of the Site more generally.
The General Terms and Conditions of Sale and General Terms and Conditions of Use alone govern the relationship between MK2 and the Customer, in addition to the information contained elsewhere within the Hotel.
MK2 and the Customer are together hereinafter referred to as “the Parties”.
Reservations on the Site are managed by: MEWS SYSTEMS BV – Kleine-Gartmanplantsoen 21, 1017 RP, Amsterdam, The Netherlands (https://www.mews.com/en/).
ARTICLE 1 – BOOKING CONDITIONS
1.1 – Prerequisites
To make a reservation, the Customer must be of legal age and not be incapable of contracting.
Any reservation made with MK2 HOTEL implies the acceptance without restriction or reservation of the entirety of these General Terms and Conditions of Sale by the Customer, who acknowledges having taken the time to examine them, having a perfect knowledge of them and appreciating their meaning and scope.
1.2 – Special rules applicable to the hotel
Registration time
Booked rooms are available from 3:00 p.m.
Time of departure
On the day of departure, rooms must be vacated by 12:00 noon at the latest, except in the case of a late check-out. This service can be offered at the hotel depending on the occupancy rate.
Number of occupants
At the time of booking, the Customer must specify the number of persons who will occupy the room(s) booked, specifying the number of children if applicable.
In the presence of young children, the hotel offers the rental of a baby bed per room and per night. The Customer must make this choice at the time of booking.
If the number of persons arriving at the Hotel does not correspond to the number of persons mentioned at the time of booking, the Hotel may charge for an upgrade (larger room or additional room(s)) or cancel the booking if the occupancy rate does not allow for such an upgrade, in which case the cancellation conditions in Article 5 shall apply to the Customer.
On-site verification
Minors or incapacitated adults must be accompanied by a legal guardian.
The Hotel reserves the right to request the presentation of valid proof of identity.
Equipment
The hotel’s rooms are all furnished and equipped with advanced audiovisual technology.
The Customer undertakes to use the equipment provided solely for the purposes for which it is intended and in accordance with the instructions provided. Any other use and in particular any unauthorised/unplanned manipulation (such as opening, modification, moving outside the room or spaces to which this equipment is dedicated, etc.) is strictly forbidden.
All costs of repair and/or replacement due to damage during the Customer’s stay are at the Customer’s expense.
Security deposit
A security deposit will be required on arrival at the hotel. This deposit will either take the form of a pre-authorisation on the credit card provided on arrival (no debit will be made) or a cash deposit (no paying in will be made) and will be used in the event of any damage, without prejudice to any other rights and remedies. The deposit will be returned to the Customer at the end of his stay if no damage is found.
Wi-Fi access
The hotel provides its guests with free Wi-Fi access.
The Customer is solely responsible for his use of the Internet and agrees not to use the access provided by MK2 to commit acts contrary to the laws and regulations, public order, or morality, or constituting violation of the rights of others of any kind.
Animals
Only small pets are allowed in the hotel.
No smoking
Smoking is strictly prohibited in the hotel.
ARTICLE 2 – MAKING A RESERVATION FROM THE SITE
For all requests for reservations of more than 4 rooms, please contact us at reservation@mk2hotelparadiso.com or by phone at +33 1 88 59 20 01.
2.1 – Booking choices and preferences
To make a reservation from the Site, the Customer is invited to follow the customer path provided for this purpose by filling in:
- His desired dates of arrival and departure.
- A category of room: the Site specifies the characteristics of each room and booking formula.
- The number of occupants, including children (possibility to rent a cot for a small child).
Please note: It is possible to book 2 connecting Paradiso rooms (maximum 4 people including children); triple rooms are only possible in the “Grande Paradiso” category.
- A choice of additional services (e.g. rental of a Playstation 5©, purchase of a bottle of champagne, rental of a baby bed).
- His choice of rate between the flexible reservation rate (hereinafter “FLEXIBLE RATE”) and the non-modifiable reservation rate (hereinafter “NON-MODIFIABLE RATE”) (see description in 2.2 below).
At any time, the Customer has the possibility to go back and modify his choices, as long as he has not filled in his personal data and confirmed the booking at the Booking Confirmation stage (see 2.3 below).
2.2 – RATES
The category FLEXIBLE RATE corresponds to a higher rate in exchange for a lighter guarantee policy and cancellation conditions.
The category NON-MODIFIABLE RATE corresponds to a lower rate in exchange for a stricter guarantee policy and cancellation conditions.
| FLEXIBLE RATE | NON-MODIFIABLE RATE | |
| Guarantee policy | All reservations must be guaranteed with a valid credit card. | Prepayment by credit card of the total amount of the stay debited at the time of booking. |
|
Cancellation
No show |
Cancellation free of charge until 3:00 p.m. (Paris local time) on the day before the scheduled arrival date. Beyond that, the hotel charges for the first night.
|
The amount paid is non-refundable, even in the event of cancellation and/or modification and/or no-show at the hotel. |
It is recalled that by choosing the NON-MODIFIABLE RATE the Customer expressly accepts to be subject to the application of a stricter guarantee policy and cancellation conditions as described above, in return for the benefit of a lower booking rate.
2.3 – Booking confirmation and payment
At the end of the booking process, the Customer must fill in his personal data, at least the name and e-mail address, which are necessary for the processing of the reservation (see Article 7 below concerning the processing of personal data).
The Customer must then confirm his agreement to these General Terms and Conditions of Sale (which can be consulted via the link provided for this purpose).
Finally, the Customer will have to fill in his payment details and, if he chooses a NON-MODIFIABLE RATE, proceed with the pre-payment of the full amount of his reservation (please refer to Article 4 below concerning payment).
Once the reservation has been made via the Site, the Customer will receive an e-mail at the e-mail address given at the time of the reservation, confirming that the reservation has been taken into account and including the reservation references with the details of the transaction made in the case of online prepayment.
The Customer shall take all necessary precautions to keep his booking details secret and to prevent any use by unauthorised persons or any infringement. MK2 declines all responsibility for loss, theft or illegal use of references, as well as in case of mistakes made during the booking.
Any resale/offer to resell, any exchange/offer to exchange, any redistribution/offer to redistribute (including free of charge and/or in the context of competitions) of reservations is strictly prohibited. In the event of violation of the abovementioned prohibition, and more generally, in case of fraud (notably by falsification or attempted falsification) MK2 reserves all rights and actions, notably the right to claim damages.
2.4 – Proof of reservations made on the Site
Unless proven otherwise, according to the means accepted by the French courts, it is accepted by the Parties and expressly accepted by the Customer that the data recorded by MK2 during a booking made on the Website constitute the only proof of all the bookings made by the Customer on the Website, of the conditions under which they were made and of their content.
ARTICLE 3 – PRICES
3.1 – The prices shown on the Site are indicated and payable in euros including VAT. Any applicable taxes, including but not limited to tourist tax, governmental or local taxes, shall be added and shall be paid by the Guest at the Hotel.
3.2 – The Customer is informed that the Hotel’s pricing policy takes into account, in addition to the choice between FLEXIBLE RATE and NON-MODIFIABLE RATE, in particular the reservation period and the number of guests.
3.3 – MK2 reserves the right to change the prices shown on its Website at any time, it being understood that the services are invoiced on the basis of the rates in force at the time the Customer makes the booking.
ARTICLE 4 – PAYMENT
4.1 – The means of payment accepted are specified at the time of booking. Only one method of payment is allowed per online booking.
4.2 – Payment is made at the Hotel on the day of the Customer’s arrival, unless the rate selected implies a pre-payment when booking online (see details of the FLEXIBLE and NON-MODIFIABLE rates in article 2.2 above), in which case the Customer’s bank account will be debited after final validation by the Customer and acceptance of his reservation.
4.4 – Payments on the Site are secured by the Stripe payment system using the SSL encryption protocol. These data can therefore not be detected, intercepted or used by third parties.
Payment data is not stored on our computer systems either.
For any other information or for any payment incident, please contact STRIPE. For more information about Stripe, please visit https://stripe.com/fr. MK2 reserves the right to change its payment service provider at any time, offering similar security guarantees.
ARTICLE 5 – NO RIGHT OF WITHDRAWAL – CONDITIONS FOR CANCELLING A BOOKING
In accordance with the provisions of Article L221-28-12° of the French Consumer Code, the right of withdrawal (provided for in Article L221-18 of the Consumer Code) cannot be exercised for contracts for the provision of accommodation services which must be provided on a specific date or during a specific period.
The cancellation conditions applicable to the Customer depend on his choice between FLEXIBLE RATE and NON-MODIFIABLE RATE at the time of booking:
- Cancellation conditions in the FLEXIBLE RATE category:
Cancellation free of charge until 3:00 p.m. (Paris local time) on the day before the arrival date indicated on the order summary. Beyond that, the hotel charges for the first night.
In the event of no-show at the Hotel on the arrival date indicated on the order summary, the first night will be charged as compensation.
- Cancellation conditions in the NON-MODIFIABLE RATE category:
The amount paid is non-refundable, even in the event of cancellation and/or modification and/or no-show at the hotel.
ARTICLE 6 – INTELLECTUAL PROPERTY AND OTHER RIGHTS ATTACHED TO THE CONTENTS OF THE HOTEL AND THE SITE
The Site and all elements of any kind that it may contain (including texts, graphics, posters, videos, sound content, images, logos, trademarks, various creations, software, databases, etc.) are protected or likely to be protected by intellectual property and/or third party rights. The use of any function of our Site and more generally its consultation does not imply any authorisation or transfer, partial or not, tacit or not, of any nature whatsoever, relating to the Site, to its elements of any nature whatsoever, and to the rights attached to it.
The Hotel, the elements it incorporates (including logo, trademarks) including the works installed therein (paintings, photographs, etc.), as well as the content that may be viewed therein, are protected or likely to be protected by intellectual property and/or third-party rights (hereinafter referred to as “the Protected Elements”). The Customer’s stay at the Hotel does not imply any authorisation or transfer, partial or otherwise, tacit or otherwise, of any kind whatsoever, relating to the Protected Elements and the rights attached thereto.
The Customer expressly undertakes not to use (and not to allow anyone else to use) all or part of our Site and/or the Hotel and/or all or part of the elements they contain, including the Protected Elements they contain, in any way whatsoever, and in particular any reproduction (including fixation, fixed or animated, sound and/or visual capture), distribution, representation, communication making available, modifying, adapting, selling, exchanging, renting, recording, storing, archiving, by any means and process whatsoever resulting in a violation of rights, whether these be intellectual property rights, personal rights (including image rights), and/or any other rights provided for by the regulations in force and/or recognised by case law. A person who is a perpetrator or an accomplice to any of these violations may incur civil and/or criminal liability, and will be subject to all appropriate actions, from MK2 and/or the rights holders on any of the above elements, including the payment of damages, as well as legal and criminal proceedings.
ARTICLE 7 – PERSONAL DATA
The personal data that MK2 may collect and process in the context of the use of the Site by any person are treated in accordance with the French law of January 6, 1978 modified and the European Regulation n°2016/679/EU of April 27, 2016 called “GDPR” and in accordance with the Privacy Policy of the MK2 Group: https://www.mk2.com/politique-confidentialite.
The entity responsible for the processing of personal data on this Site is: MK2 HOLDING (registered with the Trade and Companies Register [R.C.S.] of PARIS under number 538 674 565), whose registered office is located at 55, rue traversière 75012 – Paris.
Any validation of a reservation on the Site implies the acceptance by the Customer of all the conditions of processing of his/her personal data, without restriction or reservation.
Processing of personal data in the event of a reservation made on the Site:
In order to take into account and process reservations on the website, MK2 needs the name, the e-mail address, and the payment data of the Customer.
Optionally and only if the Customer agrees to provide this additional information, MK2 may also collect the following data in order to contact the Customer more easily and/or to offer a more personalized service: first name, telephone number, nationality, and/or any additional information that the Customer would like to provide for the purpose of his visit to the Hotel.
The above data are collected and processed in the context of the conclusion and execution of the contract between MK2 and the Customer, for the purpose of processing the order and for the needs of the exchanges that may result from it.
MK2 is also likely to use these data in the framework of the commercial relationship that may result from the exchanges with the Customer, and in the legitimate interest of MK2 to maintain a database of its customers and prospects.
These personal data are intended for MK2’s teams for the above-mentioned purposes, and if necessary, for its subcontractors. They are kept for the time necessary to achieve the above-mentioned purposes as specified in the MK2 Group Privacy Policy: https://www.mk2.com/politique-confidentialite. This is subject to the limitation periods in force. It may be transferred outside the EU by MK2’s subcontractors. MK2 ensures that all its subcontractors transferring data outside the EU offer a level of data protection equivalent to that imposed by the GDPR XXX.
Processing of personal data in case of subscription to the HOTEL PARADISO Newsletter:
To take into account subscriptions to the newsletter, MK2 needs the e-mail address of the person wishing to subscribe, which MK2 collects and processes on the basis of the person’s consent.
The email address of the person is only intended for MK2’s teams and its provider in charge of sending newsletters for the sole purpose of sending MK2’s newsletters. MK2 processes and retains the person’s email address until they unsubscribe from the newsletter. It is possible to unsubscribe at any time by clicking on the link provided at the bottom of each information e-mail.
The email address of the person may be transferred and stored on servers based in the United States by MK2’s service provider in charge of sending newsletters (Mailchimp). This provider is a trusted third party that guarantees adequate data protection measures. To find out more about Mailchimp: https://mailchimp.com/gdpr/
Your rights:
In accordance with the amended French “Data Protection Act” of 6 January 1978 and the European Regulation n°2016/679/EU of 27 April 2016, you have the right of access, rectification, portability and erasure with respect to your Data, or the right to limit their processing. You may also, for legitimate reasons, object to the processing of your data.
You can exercise your rights:
- Via the contact forms on our Site
- By e-mail to: dpohotelparadiso@mk2.com
- By post to: MK2 Personal Data Protection – 55, rue traversière 75012 Paris
In order to process your request as well as possible, we would be grateful if you could provide us with your first and last name and e-mail address. If there is reasonable doubt about your identity, we reserve the right to ask for a copy of your identity document.
We will respond to you as soon as possible and in any event within one month of receiving your request, which may be extended by a further two months depending on the complexity and number of requests.
If, however, you believe that we have not processed your personal data in accordance with the regulations in force, you have the possibility of lodging a complaint with the CNIL (French Data Protection Authority):
https://www.cnil.fr/fr/plaintes.
For more information on how MK2 Group handles personal data:
MK2 Group Privacy Policy: https://www.mk2.com/politique-confidentialite
ARTICLE 8 – RESPONSIBILITIES
The Customer is solely responsible for his use of the Website, for the observance of these Terms and Conditions of Sale and the Terms and Conditions of Use, and of the applicable, current or future standards, and undertakes to ensure that they are observed by all the persons for whom he is responsible (including children and incapacitated adults) and/or by any person intervening on his behalf, and/or by any person present in the room(s) he has booked, and provides MK2 HOTEL with all guarantees in this respect.
The Customer irrevocably undertakes to indemnify and hold harmless MK2 and/or groupe MK2 against any claim, complaint or demand from third parties of any nature whatsoever (in particular against any complaint or demand from third parties, following the use of the Website, the violation of the Terms and Conditions of Sale, the Terms and Conditions of Use, or the rights of others or public order, etc.) and undertakes to bear the costs and legal fees and/or advice relating thereto as well as any possible sentence, in particular any financial penalty, which could be pronounced against MK2 and/or groupe MK2.) and undertakes to bear the costs and fees of lawyers and/or advisers related to it as well as any possible sentence, in particular any financial penalty, which may be pronounced against MK2 and/or the MK2 group, without prejudice to any damages that may be claimed by MK2 and/or the MK2 group.
8.1 – Customer behaviour in the Hotel:
The Customer undertakes to behave in the Hotel in a manner that does not contravene any laws, regulations, good morals or public order.
The Customer acknowledges and accepts that in the event of behaviour contrary to the above, MK2 reserves the right to ask the Customer to leave the premises without any compensation or refund of any sums paid by the Customer. If the Customer has not already paid the price of all the services ordered, the Customer must pay the balance due before leaving the premises.
The Customer is responsible for any acts of vandalism, damage, deterioration and destruction and more generally for any damage of any nature whatsoever caused to third parties and/or property in the room(s) booked and/or the other premises of the Hotel or its frontage, which may occur as a result of the Customer’s stay, and/or as a result of actions of the Customer and/or the persons for whom he is responsible (whether children or incapacitated adults) and/or any person intervening on his/her behalf and/or anyone present in the room(s) he has booked) Consequently, in the event of such damage, the Customer agrees to compensate MK2 up to the amount of the said damages (and is liable for all for all the aforementioned persons) without prejudice to any other rights and remedies of MK2 or third parties (such as the rights holders of Protected Elements – see article 6 above) notably in damages and interest.
8.2 – Personal effects:
The Customer and/or any accompanying person and/or guest are entirely responsible for any personal belongings they leave in the hotel room or other areas of the hotel. MK2 cannot be held responsible for loss, theft, damage or deterioration of these items.
ARTICLE 9 - FORCE MAJEURE
Neither of the Parties may be held liable towards the other Party for any failure to perform or any suspension of performance of all or part of its obligations (and the consequences thereof), resulting from a case of force majeure, as defined by French law and case law, i.e. any event which, at the time of the conclusion of the contract, was unforeseeable, irresistible and the result of circumstances external to the Parties.
ARTICLE 10 – CONTACT, CUSTOMER SERVICE AND ORDER TRACKING
- For a reservation:
7 days a week from 9:00 a.m. to 7:00 p.m., at: (+33) (0)1 88 59 20 01
By e-mail: reservation@mk2hotelparadiso.com
- To contact the hotel reception:
24 hours a day, 7 days a week on: (+33) (0)1 88 59 20 01
By e-mail: reception@mk2hotelparadiso.com
ARTICLE 11 – APPLICABLE LAW – DISPUTES – MEDIATION
Applicable law and handling of complaints
These General Terms and Conditions of Sale are subject to French law. Any dispute relating to the application, interpretation or execution of these terms and conditions shall be submitted to the jurisdiction of the French courts. The Customer and MK2 will first endeavour to seek an amicable resolution. To this end, the Customer must first inform MK2 of the subject of his complaint by registered letter with acknowledgement of receipt to the following address:
MK2 HOTEL – 55, rue traversière 75012 Paris.
Mediation
In accordance with Article L. 612-1 of the Consumer Code, within a period of one year from the date of his written complaint, the Customer, subject to Article L.152-2 of the Consumer Code, has the right to submit a request for amicable resolution through mediation, with:
SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
site: https://www.sasmediationsolution-conso.fr,
e-mail: contact@sasmediationsolution-conso.fr
Online Dispute Resolution Platform
In accordance with Article 14 of Regulation (EU) No. 524/2013, we inform the Customer that he also has the possibility to file a complaint on the Online Dispute Resolution platform set up by the European Commission (ODR platform). The ODR platform can be accessed by clicking on the following link:
https://ec.europa.eu/consumers/odr.
