General Terms of Sale

General Terms of Sale

Opal’Inn The hotel offers to its customers,
42 renovated rooms.

1. Préambule

    1. OPAL’INN // SAS BARPADEL operates the website www.hotel-opalinn.com, a hotel booking site.
    2. The site offers the ability to book rooms.
    3. Bookings can also be made via mobile services (mobile internet sites and mobile apps).
    4. Other services can also be booked via the website www.hotel-opalinn.com. The booking is a direct transaction between the Customer and the hotel.
    5. By booking, the Customer acknowledges that he has obtained all necessary information from the website www.hotel-opalinn.com.
    6. By booking via www.hotel-opalinn.com or mobile services the Customer acknowledges that he has fully read and unreservedly accepts these General Terms and the terms and conditions governing special rates.
    7. The Customer’s acceptance of these General Terms and the special terms and conditions governing special rates applies to this booking. A booking cannot be made without this acceptance.
    8. The Customer may save and print these General Terms by using the standard functionalities of his browser or computer.
    9. The website mentions the following information:
  • The legal notice to identify the precise location of the hotel, its business name, business address, email address, phone number, registered address, and VAT number.
  • the key features of the offered accommodation;
  • the additional services offered;
  • the prices;
  • the payment methods;
  • the General Terms of Sale and the terms and conditions governing special rates;
  • the validity period of the offer and its prices;
    the minimum duration of the proposal, if any.

10. The Customer, before ordering the services, declares that he is making the booking for personal use only

11. As a consumer, the Customer has specific rights that would be jeopardized should the booked services not be for personal use.

12.All the information available on the website www.hotel-opalinn.com is presented in French as well as other foreign languages..

13. The Customer declares that it has full legal capacity to enter into this agreement under these General Terms.

2. Definitions

For the purposes of this document, the expressions below have the following meanings:

“Confirmation of receipt”: An email sent to the Customer summarizing the Booking placed by the Customer and confirming that it has been received.

“Booking confirmation”: An electronic document that summarizes the services booked by the Customer via the website, including the details of the bank/credit card used to prepay or to make a deposit. Accepting the booking confirmation makes the Customer contractually liable.

“Customer”: A natural person, with no connection to the hospitality industry, making a booking for personal or business reasons.

“Email”: Any message, in the form of text, voice, sound or picture, sent via a public communication network, stored on a network server or on the recipient’s terminal, until the recipient retrieves it.

“Booking request”: A request to book hotel room(s) made by the Customer using mobile or internet services.

“Partners”:  Service providers, including tour operators, car rental agencies, and train or plane ticket providers.

“Online booking”: A hotel room booking via an electronic booking form on the website www.hotel-opalinn.com.

“Service”: A hotel room booking for essential features presented on the website www.hotel-opalinn.com.

“Mobile services”: The set of services and protocols that allows mobile terminals to connect to the Internet and to view and book hospitality services.

“Website”: Electronic service used by OPAL’INN over the Internet and accessible at www.hotel-opalinn.com.

3. Purpose

These General Terms define the rights and obligations of parties booking services offered by BARPADEL SAS on its website www.hotel-opalinn.com.

They govern all the necessary steps involved in booking, and tracking the booking, between the contractual parties.

The Customer acknowledges that he has read, understood and accepts these General Terms of Sale and the terms and conditions governing the special offers available on the website www.hotel-opalinn.com.

4. Scope

1. These General Terms of Sale apply to all online bookings.

5. Duration

  • These General Terms of Sale apply for the entire period that the online services are available on the website www.hotel-opalinn.com.
  • BARPADEL SAS reserves the right to temporarily or permanently discontinue the website www.hotel-opalinn.com or its online booking page.
  • BARPADEL SAS shall not be liable for any loss of any kind that may result from changes to, or the temporary unavailability or permanent discontinuation of, all or part of the website or associated services, such as the online booking page.

6. Booking

  1. The Customer selects services from those presented on the website.
  2. By booking, the Customer acknowledges that he knows and understands the nature of the services, their intention, and the method for booking the services available on the website, and has requested and received the necessary and/or additional information to allow him to be fully informed of the consequences of booking.
  3. The Customer may, via the website www.hotel-opalinn.com, on a personal basis book up to three (3) rooms per booking. For group and business bookings, including meetings, courses and conferences, please phone the hotel directly.
  4. The Customer is solely responsible for his choice of services and deciding their adequacy for his needs. BARPADEL SAS is therefore not liable for any shortfall to expectations.
  5. By completing the booking process the Customer is deemed to have accepted the booking.

7. Booking process

  1. As Customer, you book via an electronic booking form available online at www.hotel-opalinn.com or via mobile services.
  2. The booking is deemed to have been placed once the booking form or request is received by BARPADEL SAS, or when a bank/credit card prepayment is received.
  3. As Customer, you undertake, prior to booking, to fill in the information requested on the booking request form.
  4. You certify that the information you have provided is true and accurate.
  5. The booking process includes the following steps:
    Step 1: Customer finds a hotel and selects a room and price;
    Step 2: Customer selects one or more additional services (if wanted);
    Step 3: Customer checks the booking details, total price, applicable terms of sale, and cost adjustments (room, rate, additional services), in the case of an online booking only;
    Step 4: Customer enters his personal details;
    Step 5: Customer reads and accepts the General Terms of Sale and the terms and conditions governing the special offer;
    Step 6: Customer’s booking is checked and approved.

8. Customer receives booking confirmation by email.

  1. Customer confirms receipt of booking confirmation by email.
  2. When booking online, the email confirming the booking summarizes the contract, the booked services, prices, terms of sale at the selected price, accepted by the Customer, information regarding after-sales service and warranties, and the vendor’s address to which complaints should be sent.

9. Customer Service

If you have any complaints about your booking, you can phone us 9am – 6:30pm Mondays to Fridays (French time) on the following numbers:

– Tel: 03 21 32 15 15

Our postal address is:

Hotel Opal Inn

168 Boulevard Sainte Beuve

62200 Boulogne-sur-Mer – FRANCE

10. Cancellation or change by Customer

  1. A Customer has the right to cancel under the terms of Article L. 1221-20-4 of the French Commercial Code.
  2. The terms of sale governing the special offer specify the procedure for cancelling and/or changing a booking.
  3. Prepaid bookings cannot be changed or cancelled. Amounts paid in advance as a deposit are not refundable. Where this is the case, it is stated in the terms of sale.
  4. When the terms of sale governing a special offer permit:
    – a booking can be cancelled directly via the website www.hotel-opalinn.com
    – a booking can be altered directly at the hotel provided the phone details are specified in the emailed booking confirmation.
  5. If a stay is interrupted or cut short, the full agreed price remains payable. No refunds are given for prepaid bookings.
  6. Unless otherwise agreed, the Customer must vacate the room by 12 noon of the booked end date. Otherwise, the Customer is charged for an additional night.

11. Hotel stay

  1. The regulations in some countries require the Customer to fill out a police form on arrival. For this purpose, the Customer must present an identity document so the hotel can verify whether he needs to fill out a police form.
  2. The hotel allows pets provided they are kept on a leash or in a cage in all common areas of the establishment. For hygiene reasons, pets are not allowed in areas where food is served.
  3. The Customer undertakes to take care of the room as if it were his own property. Behaviour contrary to public order or morality will result in the Customer being asked to leave the establishment without compensation, and without refund if payment has already been made.
  4. The hotel has Internal Rules that the Customer must obey. The Customer accepts those rules and undertakes to comply with them. Should the Customer breach any of the Internal Rules, he may be asked to leave the establishment without compensation, and without refund if payment has already been made.
  5. The hotel offers free WiFi to allow Customers to connect to the Internet. The Customer undertakes to ensure that the computer resources made available by the hotel are not used to copy, display, make available or communicate to the public works of art or items that are protected by copyright or neighbouring rights, such as words, images, photographs, musical works, audiovisual works, software and video games, without the consent of the owner of those rights as defined in Part I and II of the Intellectual Property Code when such authorization is required.  The Customer has a duty to comply with the hotel’s internet access security policy, including the rules for the use of security measures put in place to prevent the illicit use of computer resources [or other wording used in the company’s IT charter] and to refrain from doing anything that interferes with the effectiveness of such measures. A Customer not complying with the foregoing obligations is liable to be charged with counterfeiting (under Article L.335-3 of the Intellectual Property Code), penalizable by a 300,000 euro fine and three years imprisonment.

12. Warranties

  1. BARPADEL SAS guarantees that its services meet the requirements of Articles L.212-1 et seq. of the French Consumer Code.
  2. The Customer also benefits from a contractual guarantee.

13. Liability

  1. Photos shown on the website are not contractual. Although every effort is made to ensure that the photographs, drawings and text on the website illustrating the hotel offer are as accurate an indication as possible of the accommodation and facilities offered, they may not necessarily reflect subsequent changes in furniture, furnishings or renovations. The Customer has no grounds for complaint should this be the case.
  2. BARPADEL SAS shall not be liable for not making, or incorrectly making, a booking due to force majeure, action by a third party or Customer or partners, including Internet unavailability, inability to access the website, hacking, computer virus, or unauthorized prepayment by the Customer’s bank.
  3. BARPADEL SAS shall not be liable for indirect or consequential loss due to loss of profit, or action by third parties, Customers or partners.
  4. BARPADEL SAS is not liable for the content and services offered on websites unrelated to it, to which Customers may be directed by hyperlinks.
  5. A booking or payment that seems irregular, unenforceable, incomplete or fraudulent for reasons attributable to the Customer will cause the order to be cancelled at the Customer’s cost, without prejudice to further civil or criminal action.

14. Complaints

1. Complaints regarding non-performance or poor performance of hotel services must, in order not to be dismissed, be brought to the attention of BARPADEL SAS in writing within 24 hours of arrival at the hotel, directly to the hotel or to the Customer Service contact indicated above.

15. Prices

  1. The prices applicable to booked services are indicated before and during booking.
  2. The indicated prices are per room for the stated number of persons and dates.
  3. Prices are confirmed to the Customer on a VAT-inclusive basis, in the hotel’s operating currency, and are valid only for the period indicated on the website.
  4. If hotel charges are transacted in a currency different from the currency confirmed at booking, currency-conversion fees are charged to the Customer.
  5. All bookings, regardless of where and how made, are payable in the hotel’s local currency, unless specifically stated otherwise at the hotel.
  6. Unless otherwise stated, additional services (breakfast, half-board, full-board, etc) are not included in the price.
  7. The tourist tax (taxe de séjour) indicated for each rate is to be paid directly to the hotel, at the hotel, unless it was prepaid online or is already included in the price.
  8. The price includes VAT at the prevailing rate on the date of booking and any subsequent change to the applicable VAT rate will be automatically applied to the prices indicated on the invoice date.
  9. Changes to, or introduction of new, statutory or regulatory taxes by competent authorities will be automatically applied to the prices indicated on the invoice date.
  10. Foreign currency equivalents and foreign exchange rates are indicative only and not contractual. Only the currency confirmed when you book is guaranteed (and, if different from the hotel’s operating currency, is subject to currency exchange fees charged to the Customer).
  11. If a price implies that the payment is made at the time that you arrive at or depart the hotel, and the Customer’s currency is not the same as the hotel’s operating currency, the price debited by the hotel may be different from the price indicated at time of booking, as exchange rates may change between the date on which you booked and the date on which you pay.
  12. Prices may be increased by various local taxes. The Customer undertakes to pay such local taxes without disputing them with the hotel.

16. Payment

Unless special terms or rates have been agreed, to guarantee the booking the Customer provides his bank card or credit card (Visa, MasterCard) details, indicating in the appropriate fields (via SSL secure encryption) the card number, with no spaces between numbers, the expiry date, and the visual cryptogramme, in the Crédit Agricole prepayment platform.
Unless special terms or rates have been agreed, or the entire amount has been prepaid at booking (online payments for certain rates), the payment is debited at the hotel at the time of your stay. This prepayment is considered to be a deposit. If a price has not been prepaid online, the hotel may ask the Customer, when he arrives, to pay a security deposit or an authorization to debit the bank/credit card, to guarantee payment for the services that will be used during the stay.
In the case of a no-show (booking not cancelled but Customer not arrived) of a booking guaranteed by bank/credit card, the hotel will debit, as a cancellation fee, the cost of one night from the card that the Customer used to guarantee the booking and will then cancel the entire booked stay.
BARPADEL SAS has chosen Crédit Agricole to operate the secure bank/credit card payment process. The validity of the Customer’s payment card is verified. A payment card can be rejected for several reasons: card stolen, card blocked, limit reached, input error… If there is a problem, the Customer must contact his bank, and the hotel, to confirm his booking and payment method.
If the Customer books several rooms but (for example) prepayment is necessary only for one room, the payment card used on the payment platform pays the prepaid room, and the payment card entered will be used to guarantee the other rooms.
At the time of prepayment, the amount debited at booking includes the price of the accommodation, related taxes, foodservice charges if breakfast is included, foodservice taxes, and all additional services selected by the Customer (as mentioned in point 15.6).
If a price has to be prepaid online, the amount paid in advance, in the form of a deposit, is debited at time of booking.

17. Data Privacy

The personal information requested from the Customer is needed to process the order and to send information regarding the hotel’s products and services.  It is sent to the online payment provider. If the Customer does not enter that information, BARPADEL SA cannot process the booking.
Unless the Customer objects, by booking via www.hotel-opalinn.com he agrees to receive an emailed newsletter from BARPADEL SAS, special offers, and a Customer satisfaction survey after his stay.
The Customer may, free of charge, object to his information being used for prospection and marketing purposes.
The Customer is hereby informed that all personal data collected will be processed by an automated system operated by BARPADEL SAS.
BARPADEL SAS processes this data to:
meet its obligations to the Customer;
notify the Customer of special offers and new services.
Personal data collection forms use an asterisk to indicate mandatory data (information that must be provided).
The Customer authorizes BARPADEL SAS to send his personal data to third parties provided such communication does not contravene these General Terms.
When paying online, the Customer’s bank details must be sent by the payment provider to the hotel’s bank, to execute the hotel booking contract. The Customer is hereby informed that such a data transmission may be to a foreign country that does not have adequate data privacy protection equivalent to the French Data Privacy Act (law on electronic data processing and freedoms). However, the Customer consents to this transmission to execute his contract. As an industry professional, Crédit Agricole promises to BARPADEL SAS to do everything necessary to guarantee the confidentiality of the transmitted data.

18. Agreement on proof

Entering required bank details, accepting these General Terms, and submitting a booking form or request, constitutes an electronic signature which, between the parties, has the same binding power as a handwritten signature.
The electronic files stored in BARPADEL SAS computer systems will be kept in reasonably secure conditions and will be considered as proof of communications, orders and payments between the parties.
The Customer is hereby informed that his IP address is recorded when booking.

19. Change of accommodation

If the selected accommodation is unavailable or in the case of force majeure, the Company reserves the right to move the Customer partially or totally to an equivalent-class hotel with the same type of services, with all moving costs charged to the originally selected hotel, which cannot demand compensation.

20. Force majeure

BARPADEL SAS shall not be liable to the Customer for non-performance of obligations due to force majeure. Force majeure is considered to be irresistible force as recognized in French case law.

21. Dispute resolution

The Customer is hereby informed by the hotel of the possibility of resorting to conventional mediation or other alternative means of settling disputes regarding these General Terms.
If, after informing the hotel and attempting to resolve the dispute amicably, an amicable solution cannot be found within 60 days of informing the hotel, the Customer may refer the dispute to the Tourism and Travel Mediator (Médiateur du Tourisme et du Voyage).Médiation Tourisme Voyage BP 80303 75823 PARIS CEDEX 17 Website: www.mtv.travel

22. Governing Law

These General Terms of Sale are governed by French law.
This applies to both form and substance.

23. Completeness

These General Terms of Sale, the terms and conditions governing special offers reserved for the Customer, and the Booking form or request together constitute the totality of the parties’ obligations.
These General Terms of Sale supersede all special or General Terms communicated by the Customer.
The documents constituting the contractual commitments between the parties are, in decreasing order of priority, the Booking form or request (including the special terms governing the reserved rate) and these General Terms of Sale.
In the case of a discrepancy between the Booking form and the General Terms, the provisions in the Booking form shall be binding.

24. Change/amendment to the General Terms of Online Sales

These General Terms of Sale posted on the Internet may be amended and/or supplemented by BARPADEL SAS at any time. In such a case, the new version of the General Terms of Online Sales will be posted on the website. Once posted on the Internet, the new version of the General Terms of Online Sales will apply automatically to all Customers.

25. Jurisdiction

In the case of a dispute, only the Boulogne-sur-Mer Commercial Court shall be competent to hear the case, even in an emergency proceeding, interlocutory application, plurality of respondents or third-party appeal, regardless of the payment method, or jurisdiction provisions in a buyer’s documents specifying otherwise.