LEGAL NOTICE
PUBLISHER
The website accessible at the URL www.joli-mome.co (the ‘Site’) is owned and published by HÔTELLERIE DU 11 BATIGNOLLES, a simplified joint stock company with capital of €500,000, registered in the Paris Trade and Companies Register under number 940 739 402, whose registered office is located at 30 rue Bassano, 75016 Paris, and whose intra-community VAT number is FR17940739402. For further information, please contact contact@moonh.co
INTELLECTUAL PROPERTY
The Site as a whole, and each of its constituent elements (including, without limitation, texts, diagrams, sitemaps, software, animations, images, photographs, illustrations, videos, graphic or editorial representations, logos, etc.) are works protected by the French Intellectual Property Code and by any other applicable international legislation.
HÔTELLERIE DU 11 BATIGNOLLES (the “Company”) is exclusively authorised (directly or by virtue of licences or permissions) to use the elements composing the Site, the domain names, trademarks, designs and models, together with the images and editorial content reproduced on the Site.
Any use of all or part of the Site—particularly by downloading, reproduction, transmission, representation or dissemination—for purposes other than the user’s personal, private and non-commercial consultation and use of the Site is strictly prohibited. Any breach exposes the author to the sanctions provided for by the Intellectual Property Code (including for copyright and trademark infringement) and by the Civil Code (civil liability).
The creation of any hyperlink to any web page or element of the Site is prohibited without the Company’s prior written authorisation, which may be revoked at any time. Any content, website or other medium containing a hyperlink to the Site or to any of its elements is not under the Company’s control; the Company therefore declines all responsibility (including editorial responsibility) regarding access to such sites and their content.
Photos & cinemagraphs: © Joli Môme
AVAILABILITY OF THE SITE
The Company endeavours, as far as possible, to keep the Site permanently accessible, but is under no obligation to do so. Access to the Site may be interrupted, in particular for maintenance or updates, or for any other reason, including technical or editorial, without prior notice to users and without liability for any consequences of such interruptions, whether to users or any third party.
Furthermore, the Company cannot be held liable if users are unable to access all or part of the Site due to any technical fault or problem, including but not limited to:
failure and/or congestion of the Internet network;
failure of Internet service providers;
human error or electrical fault;
any malicious intervention;
any software or hardware malfunction;
a force majeure event.
LIABILITY
The Company uses its best efforts to ensure the accuracy and updating of the information published on the Site and reserves the right to modify the content at any time without notice.
However, the Company cannot guarantee the accuracy, precision or completeness of the information made available on the Site. Such information does not constitute a guarantee or commitment by the Company to the user. In particular, the Company cannot be held liable for:
any imprecision, inaccuracy or omission in said information;
any damage resulting from third-party unauthorised access (intrusion) leading to a modification of said information; and
more generally, any direct or indirect damage of whatever cause, origin, nature or consequences, related to access (or the impossibility of access) to the Site, its content, its use and/or the reliance placed on any information originating from it.
GENERAL TERMS AND CONDITIONS OF SALE
INTRODUCTION
1.1 The Site allows customers to book rooms and additional services at the Joli Môme hotel (the “Hotel”).
1.2 These General Terms and Conditions of Sale (the “General Terms and Conditions”) apply to the booking of rooms and additional services at the Hotel (the “Services”) and are those in force on the date your booking is confirmed on the Site. They cancel and replace any prior general terms and conditions previously posted online and/or accepted by the Customer.
1.3 Any booking on the Site requires consultation and unconditional acceptance of the General Terms and Conditions. You are advised to download and/or print the General Terms and Conditions to retain a copy on the date of any booking, as they may be amended. However, any amendment made after a booking is confirmed will not apply to that booking.
1.4 The Customer accepts the General Terms and Conditions and the specific (including financial) conditions of each booking by proceeding with the booking and ticking the box “By choosing to book, I acknowledge that I have read and accept Joli Môme’s General Terms and Conditions of Sale and Privacy Policy” (or any similar box presented on the Site).
1.5 The Customer acknowledges that all necessary information is available on the Site, including: the Hotel’s full contact details (see the “Website Terms of Use” section), the principal and essential characteristics of the accommodation and additional services offered, these General Terms and Conditions, the specific conditions applicable to each offer and/or accommodation and/or additional service(s), the Privacy Policy, the prices of accommodation and additional services offered, the maximum number of accommodations that may be booked by a Customer, the accepted payment methods, and the duration of the contract concluded between the Customer and the Hotel.
1.6 “Customer(s)” means any natural person placing an order on the Site as a consumer, for private or professional purposes, but not related to the hotel industry.
1.7 As a consumer, the Customer benefits from rights which may be called into question if the Services are booked in the context of a professional, commercial, industrial, craft or liberal activity.
1.8 Only Customers who (i) have reached the age of majority (eighteen in most countries) and (ii) have the legal capacity to enter into contracts are permitted to order Services on the Site.
1.9 Information provided on the Site is presented in French and in English.
2. PURPOSE
2.1 These General Terms and Conditions of Sale define the terms and conditions applicable to online booking of Services on the Site.
2.2 The General Terms and Conditions of Sale do not govern the offer, booking or ordering of Services provided by entities other than Joli Môme and on other websites and/or mobile applications. Before confirming any order for Services via third-party websites or mobile applications, you are advised to check their general terms and conditions of sale, as Joli Môme cannot in any circumstances be held liable for the provision of Services offered by third parties.
2.3 The General Terms and Conditions of Sale apply to all stages of the Customer’s booking of Services and to the follow-up of that booking.
3. BOOKING
3.1 The Site offers an online booking process for hotel rooms (up to a maximum of four (4) rooms per booking) and additional services.
3.2 The accommodation offers presented on the Site are accompanied by an information page setting out: where applicable, the type of applicable commercial offer (for example: “Book now and save”, “Last-minute promotion −10%”, “Flexible rate”, “Room and breakfast”, “Your birthday at the hotel”); a description of the room(s) concerned; any ancillary services included in the offer; the cancellation and modification terms applicable to the booking; where appropriate, any specific terms of sale; the payment terms and methods; and these General Terms and Conditions of Sale.
3.3 From time to time, the Site offers commercial promotions available exclusively on the Site (and not via any third-party site), including temporary offers referred to as “Best Offers Guaranteed”. Where applicable, the Customer is invited to consult the specific terms applicable to these offers, which are brought to their attention at the time of booking. These commercial offers may be amended at any time by Joli Môme, which is contractually bound only by bookings validated by the Customer and cannot be held liable for the modification or withdrawal of a commercial offer on the Site.
3.4 The Customer selects the Services offered on the Site. The Customer is solely responsible for the choice of Services and their suitability for the Customer’s needs; Joli Môme cannot be held liable in this respect.
3.5 The Customer may book a maximum of four (4) rooms on the Site. For any booking of a higher number of rooms, or for any request for a service not listed on the Site, please contact Joli Môme directly. For bookings of five (5) rooms or more, group terms may apply, which may include the payment of a deposit by the Customer and specific cancellation and modification terms. For further information, please contact Joli Môme.
3.6 The booking is deemed accepted by the Customer upon completion of the booking process.
3.7 The Customer warrants the truthfulness and accuracy of the information provided when booking Services. Joli Môme reserves the right not to process any booking made by a person who makes fraudulent use of the Site or who does not comply with these General Terms and Conditions of Sale.
4. BOOKING PROCESS
4.1 Bookings are made by the Customer using a dematerialised booking form available on the Site.
4.2 When booking, the Customer must provide certain mandatory information, including personal data necessary for Joli Môme to process the booking. Joli Môme reserves the right to refuse any booking in the absence of such data or if it is incorrect. The Customer must also indicate the number of persons benefiting from the Services and their ages; any guest aged over 13 is considered an adult.
4.3 The booking procedure on the Site includes the following steps:
Step 1: On the Site homepage (www.joli-mome.co), select the arrival date.
Step 2: A secure page opens showing the offers available for the selected Hotel and date, with the option to refine or amend any choices (arrival and departure dates, number of room(s), number of guests, etc.).
Step 3: Review and select an offer.
Step 4: Where applicable, select one or more additional Services.
Step 5: Check the booking details, total price and applicable conditions, and amend choices if necessary.
Step 6: Provide the Customer’s contact details.
Step 7: Enter card details if a guarantee or prepayment is required.
Step 8: Review and accept the General Terms and Conditions of Sale, the Privacy Policy and, where applicable, any special terms of sale before validating the booking.
Step 9: Validation of the booking by the Customer.
5. BOOKING CONFIRMATION
5.1 The Site acknowledges receipt of the Customer’s booking by sending an email containing: (i) the corresponding booking reference number; (ii) a summary of the booking, in particular the Services booked, the price of the Services, and the terms of sale applicable to the selected rate as accepted by the Customer; (iii) the General Terms and Conditions of Sale and, where applicable, information on after-sales service, together with the contact address for submitting any complaints.
5.2 The booking is deemed firm and final upon receipt of this booking confirmation email sent by Joli Môme to the Customer.
5.3 The duration of the contract concluded between the Customer and the Hotel corresponds to the duration of the accommodation Service provided for in the booking.
6. CANCELLATION OR AMENDMENT OF A BOOKING BY THE CUSTOMER
6.1 Pursuant to Article L.221-28 of the French Consumer Code, the Services offered on the Site do not allow the right of withdrawal provided for in Articles L.221-18 et seq. applicable to distance contracts.
6.2 The terms of sale for the booked rate specify the conditions for cancelling and/or amending the booking.
6.3 Prepaid bookings cannot be amended and/or cancelled. Amounts paid in advance constitute a deposit (arrhes) and will not be refunded; this is indicated in the rate’s terms of sale, brought to the Customer’s attention and accepted by the Customer.
6.4 Where cancellation of a booking is possible, the Customer must contact the Hotel’s customer service directly. Contact details are available on the Hotel’s Site.
6.5 Certain commercial offers available on the Site include specific conditions regarding cancellation and amendment; these are detailed in their Special Conditions shown in the offer description.
6.6 Unless different special conditions apply, cancellation or amendment is only possible free of charge if made at least 48 hours before the scheduled arrival time stated in the booking. For any cancellation made less than 48 hours before the scheduled arrival, one (1) night’s penalty will be automatically debited from the Customer’s credit card provided at the time of booking.
6.7 To amend a booking on the Site, the existing booking must be cancelled under the above conditions and a new booking made.
7. NO-SHOW AND EARLY DEPARTURE
7.1 Each booking made on the Site provides for a check-in time of 15:00 and a check-out time of 12:00. The Customer must arrive at the Hotel before 18:00 or notify the Hotel in case of late arrival. If the Customer fails to appear at the Hotel after 18:00, one (1) night’s penalty will be automatically charged to the Customer’s credit card provided at the time of booking, except where the booking has been prepaid on the Site.
7.2 If the reserved room is vacated after the required check-out time (12:00), an additional night will be charged to the Customer as a penalty.
7.3 Any curtailment of the stay before the departure date provided for in the booking will result in payment of the full agreed price.
8. PRICE OF SERVICES
8.1 The price of the Services is indicated on the Website before booking on the offer description page, as well as during the booking process.
8.2 The prices indicated are per room, for the number of people indicated, according to the period selected, and only include the Services strictly mentioned in the booking.
8.3 The price of each Service is indicated inclusive of all taxes (including VAT), excluding tourist tax, and details the amount of VAT applicable to the Service.
8.4 The euro is the commercial currency for the booking, so payment must be made in this currency. The prices displayed on the Website in different currencies are estimates and do not accurately reflect the amount to be paid, which is indicated in euros when the Customer confirms the booking.
8.5 The prices mentioned on the Website are subject to change at any time by Joli Môme, without prior notice or warning. Only the price indicated in the booking confirmation is contractual.
9. PAYMENT OF THE PRICE
9.1 Unless otherwise specified, payment for the Services shall be made at the Hotel at the end of the stay. In the event of prepayment, the sums paid constitute a deposit and are not refundable to the Customer.
9.2 In the event of a no-show at the Hotel or late cancellation resulting in a penalty night, the Customer’s bank details provided at the time of booking will be used to settle the corresponding penalties.
10. HOTEL STAY
10.1 In accordance with current French regulations, the Guest may be asked to fill out a police form upon arrival at the Hotel. In order to verify whether the Guest is subject to this formality, they will be asked to provide proof of identity.
10.2 The Joli Môme hotel welcomes certain animals provided they are kept on a leash or in a cage in the common areas of the establishment. For more information on these conditions, the Customer is advised to contact the Hotel directly. Throughout the stay, the animal remains the sole responsibility of the Customer.
10.3 During their stay, the Customer undertakes to use the room rented to them in a reasonable manner and with due care. The Hotel may ask the Customer to leave the Hotel without any compensation being paid and to pay for the entire Service booked, in particular in the event of: behavior contrary to public decency or public order, any damage, deterioration, acts of vandalism caused by them or their employees or persons in their care, during their occupation of the premises, to any movable or immovable property, furniture, decoration or any other item present in the Hotel. In addition, the Customer will be required to pay full compensation for any damage caused by his/her actions, Joli Môme having full authority and being able to take any appropriate action to obtain compensation for the damage suffered.
10.4 Joli Môme provides Customers with free Wi-Fi internet access throughout the Hotel. The Customer undertakes not to use the IT resources made available to them for fraudulent or illegal purposes, and in particular to commit any act of infringement of third-party rights and/or illegal downloading of works protected by copyright or related rights, punishable under Article L.335-2 of the Intellectual Property Code.
11. RELOCATION – FORCE MAJEURE
11.1 In the event that the room reserved at a Hotel is unavailable, Joli Môme reserves the right to accommodate the Customer, either fully or partially, in a Hotel of an equivalent or higher category offering Services of the same nature. The transfer will be entirely at the expense of Joli Môme, with no additional costs being charged to the Customer by the hotel.
11.2 Joli Môme shall be released from any liability for failure to fulfill its obligations in the event of events constituting force majeure, for the duration of the force majeure event, and undertakes to make all reasonable efforts to limit its effects.
11.3 For the purposes of this Article, force majeure is understood to mean any event or fact that the parties could not reasonably foresee and control at the time of booking due to its external, unpredictable, and irresistible nature. In addition to those recognized by French courts and tribunals, the following are considered cases of force majeure: total or partial strikes, internal or external to the Hotel, terrorism, wars or uprisings, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, computer system failure paralyzing the normal pursuit of its activity by a Party.
12. PERSONAL DATA
12.1 Pursuant to Law No. 2018-493 of June 20, 2018 on the protection of personal data and General Data Protection Regulation No. 2016/679 (GDPR), the Customer is informed that the information provided during the booking process has been processed for the purposes of managing bookings and Customers, billing and payment requirements, and commercial prospecting.
12.2 The Customer is also informed that the hotel has a video surveillance system in the common areas of the building for the safety of persons and property.
12.3 The Customer has the right to access, rectify, transfer, and delete personal data concerning them, which they may exercise by contacting Joli Môme at the following email address: contact@moonh.co 12.4 The Customer can obtain information on how Joli Môme processes their personal data by consulting the Privacy Policy or by sending a request to the following email address: contact@moonh.co or to the address of our head office: 7 rue Mayran, 75009 Paris (France).
12.4 The Customer may use the Bloctel service, a free service that allows them to register their number, that of their spouse, or that of their children, to opt out of telemarketing calls to these numbers. Decree No. 2022-1313 of October 13, 2022 stipulates that, as of March 1, 2023, telephone solicitation of consumers will only be permitted Monday through Friday, from 10 a.m. to 1 p.m. and from 2 p.m. to 8 p.m. However, it will be prohibited on Saturdays, Sundays, and public holidays. This regulation will apply both to people who are not registered on the “Bloctel” telephone solicitation opposition list and to those who are registered but are being solicited in connection with an existing contract. Information: https://www.bloctel.gouv.fr/
13. MEDIATION – JURISDICTION
13.1 In the event of a dispute arising after referral to the establishment at contact@moonh.co and without a satisfactory response within a period of up to one year, the customer may refer the matter to the Association des Médiateurs Européens (European Mediators Association), whose contact details are given below:
AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris
13.2 The platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&Ing=FR may be used for online dispute resolution.
14. 14. GENERAL PROVISIONS
14.1 The General Terms and Conditions of Sale are modified regularly, in particular in light of regulatory changes. The new General Terms and Conditions of Sale will apply on the date of their publication on the Website.
14.2 The General Terms and Conditions of Sale, including the Privacy Policy, the General Terms and Conditions of Use of the Website and, where applicable, the specific terms and conditions applicable to certain offers, constitute the entire agreement between the Customer and Joli Môme concerning their booking on the Website and supersede all previous general terms and conditions of sale.
14.3 In the event that any provision of these General Terms and Conditions of Sale is declared invalid in whole or in part, for any reason whatsoever, the other provisions shall remain in force.