HOTEL & RESTAURANT

LES TROIS VOILES

General Terms and Conditions of Sale

Article 1 — Provider Identification and Scope of Application

These General Terms and Conditions of Sale (hereinafter “T&Cs”) are agreed between:

  • The Provider: Hôtel-Restaurant Les Trois Voiles (hereinafter “the Establishment”), attached to Port Napoléon and operated by Groupe Port Adhoc, whose registered office is located at Rue Canal Saint Antoine l’Ermite, Presqu’île du Mazet, 13230 Port-Saint-Louis-du-Rhône.

  • The Client: Any natural person of legal age or legal entity (hereinafter “the Client”) making an online reservation on the Establishment’s website, whether for a hotel room via the Mews platform or for a restaurant table via the TheFork booking tool.

These T&Cs apply to the exclusion of all other conditions, including those applicable to bookings made through other channels (telephone, email, travel agencies, etc.).

The Client acknowledges having read these T&Cs and having accepted them without reservation prior to making any booking. The confirmation of a booking constitutes full and unreserved acceptance of these T&Cs.

Article 2 — Offers and Services Provided

2.1 Accommodation

The Establishment offers various categories of rooms for booking, the characteristics, availability, and rates of which are presented in real time on the website via the Mews platform. Published photographs and descriptions are for indicative purposes only and bind the Establishment solely to the provision of services corresponding to the essential features described.

2.2 Catering & Restaurant Services

The Establishment offers table bookings for lunch and/or dinner service via the TheFork platform. The menus and à la carte options available on the booking date are provided for guidance only and are subject to change according to seasonal availability.

The Establishment draws the Client’s attention to the fact that published offers are valid subject to availability.

Article 3 — Booking Process

3.1 Room Bookings (via Mews)

Room bookings are completed online through the following steps:

  1. Selection of arrival and departure dates, room type, and number of guests;

  2. Verification of the booking summary and applicable rate;

  3. Entry of the Client’s personal details;

  4. Choice of payment method and entry of banking details via the secure interface of the Mews platform;

  5. Final confirmation of the booking by the Client following acceptance of these T&Cs.

The booking is confirmed upon transmission of a confirmation email sent to the Client at the email address provided during booking. This email serves as proof of booking and constitutes a binding contractual document.

3.2 Table Bookings (via TheFork)

Table bookings are completed online through the following steps:

  1. Selection of the date, time slot, and number of guests;

  2. Entry of the Client’s personal details and any relevant information (allergies, dietary requirements, special occasions);

  3. Final confirmation of the booking.

The booking is confirmed upon transmission of a confirmation email and/or SMS sent to the Client. In the absence of confirmation, the booking shall not be deemed final.

The Establishment reserves the right to refuse or cancel any booking in the event of a manifest anomaly, attempted fraud, or inappropriate behaviour during a previous visit.

Article 4 — Rates

The applicable rates are those displayed on the website on the date the booking is confirmed. Unless otherwise stated, prices are expressed in euros (€) and include all applicable taxes, notably VAT at the prevailing rate.

Tourist tax, the amount of which is fixed by resolution of the municipality of Port-Saint-Louis-du-Rhône, is collected separately and shall be paid by the Client directly to the Establishment during their stay.

The Establishment reserves the right to modify its rates at any time. Confirmed bookings shall, however, remain at the rate in effect on the day of their confirmation.

Promotional offers or special rates may be offered on an ad hoc basis. These are subject to their own specific eligibility and validity conditions.

Article 5 — Payment Terms

5.1 Accommodation

Payment for hotel bookings is processed via the secure Mews platform. Depending on the selected rate, payment may occur:

  • At the time of booking: the total amount or a deposit is debited immediately;

  • Upon arrival: banking details are recorded as a guarantee at the time of booking, and payment is settled on-site.

Accepted payment methods are specified during the booking process on the Mews platform (Visa, Mastercard, American Express bank cards, etc.).

5.2 Catering & Restaurant Services

As a general rule, table bookings via TheFork do not require advance payment. Settlement of the restaurant bill takes place on-site at the end of the meal using the payment methods accepted by the Establishment (bank card, cash).

However, for certain specific bookings (groups, private menus, special events), a deposit or partial prepayment may be requested. The applicable terms will be specified at the time of booking.

5.3 Payment Security

Banking transactions processed via the Mews and TheFork platforms are secured using encryption protocols compliant with current standards (SSL/TLS protocol, PCI-DSS standard). The Establishment at no point retains the Client’s full banking details.

Article 6 — Cancellation and Modification Terms

6.1 Cancellation and Modification of Hotel Bookings

The cancellation and modification terms applicable to a hotel booking are those of the rate selected by the Client at the time of booking. These conditions are explicitly stated on the rate description page and in the confirmation email.

As a general rule, the following conditions apply, unless otherwise stated for the chosen rate:

  • Flexible Rate: free cancellation or modification up to 48 hours prior to the scheduled arrival date. Past this deadline, one night’s stay will be charged;

  • Non-refundable Rate: no refund shall be granted in the event of cancellation or modification, regardless of the date.

All cancellations must be made via the link provided in the confirmation email or directly through the Mews platform. The Establishment shall not be held liable for any cancellation not carried out via this channel.

6.2 Cancellation of Restaurant Bookings

The Client undertakes to notify the Establishment as soon as possible should they be unable to attend on the date and time booked, and at the latest:

  • 24 hours prior to the booking time for tables of 1 to 6 covers;

  • 48 hours prior to the booking time for tables of 7 covers or more.

Cancellations may be made via the booking management link provided by TheFork, by email, or by telephone with the Establishment.

Where a deposit was paid upon booking, cancellation within the aforementioned deadlines shall entitle the Client to a full refund of said deposit. Beyond these deadlines, the deposit shall be retained as a cancellation fee.

6.3 No-Show

A “no-show” refers to any Client who fails to arrive at the Establishment on the scheduled date and time without having previously cancelled their booking within the specified timeframes. In such cases, the late cancellation conditions set out above shall apply.

Article 7 — Hotel Stay Regulations

7.1 Check-In and Check-Out

Check-in time is from 3:00 pm onwards, and check-out time is 11:00 am at the latest, unless otherwise agreed with the Establishment.

Any late check-out or early check-in shall incur additional charges in accordance with the Establishment’s current rates. Luggage storage requests may be made at reception.

7.2 Room Occupancy

Rooms are allocated for the exclusive use of the Client and the individuals specified at the time of booking. Any undeclared additional occupants are strictly prohibited and may result in additional charges or refusal of stay.

The Client is liable for any damage caused to the Establishment’s property during their stay. The Establishment reserves the right to charge the bank card registered as a guarantee in the event of proven damage.

7.3 House Rules

The Client agrees to abide by the Establishment’s house rules, including rules regarding the peace and quiet of other guests, the strict no-smoking policy in rooms and communal areas, and general cleanliness. Any severe breach may result in immediate eviction of the Client without refund.

7.4 Pets

Pets are admitted subject to prior declaration at the time of booking and payment of a surcharge, the amount of which is specified on the website. Certain room categories may not be suitable for accommodating pets.

Article 8 — Liability of the Establishment

The Establishment undertakes to provide the booked services in accordance with professional standards and the descriptions published on its website.

The Establishment cannot be held liable in the event of:

  • Non-performance or improper performance resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code (Code civil) (pandemic, natural disaster, strike, etc.);

  • An unpredictable and insurmountable act by a third party unconnected with the provision of services;

  • Fault or negligence attributable to the Client.

Regarding the safekeeping of personal belongings and valuables, the Establishment declines all liability for valuable items not deposited in the in-room safes or at reception. In accordance with Articles 1952 to 1954 of the French Civil Code (Code civil) applicable to hoteliers, the Establishment’s liability is limited pursuant to applicable statutory provisions.

The Establishment shall not be held liable for technical malfunctions of the Mews and TheFork platforms beyond its control.

Article 9 — Right of Withdrawal

In accordance with Article L.221-28, 12° of the French Consumer Code (Code de la consommation), the right of withdrawal set out in Articles L.221-18 et seq. of said Code does not apply to contracts for the provision of accommodation services (other than residential accommodation), catering services, or leisure services that must be provided on a specific date or during a specific period.

Consequently, no 14-day right of withdrawal applies to bookings made with the Establishment. The cancellation conditions set out in Article 6 of these T&Cs apply.

Article 10 — Protection of Personal Data

In connection with bookings made via its website, the Establishment collects and processes personal data relating to the Client (surname, first name, email address, telephone number, payment card details for guarantees or payments, stay preferences). This processing is carried out for the following purposes:

  • Booking and stay management;

  • Booking-related communication (confirmations, reminders, modifications);

  • Legal and accounting obligations;

  • Service improvement (subject to Client consent).

Personal data collected is processed on the legal basis of performance of a contract (Article 6.1.b of the GDPR) and legal obligations to which the Establishment is subject (Article 6.1.c of the GDPR).

The Client has the right to access, rectify, erase, restrict, object to, and request portability of their data, in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act (Loi Informatique et Libertés). These rights may be exercised by sending an email request to the Establishment’s contact address.

The Mews and TheFork platforms act as data processors on behalf of the Establishment and are subject to their own privacy policies, accessible on their respective websites. The Client is encouraged to review them.

In the event of a complaint regarding the processing of their personal data, the Client may contact the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés — CNIL — www.cnil.fr).

Article 11 — Cookies and Website Browsing

The Establishment’s website may use cookies intended to enhance the browsing experience and enable the proper functioning of integrated booking tools (Mews, TheFork). The Client is informed of the use of these cookies during their first visit and may configure their preferences in accordance with applicable legal provisions.

Article 12 — Intellectual Property

All elements composing the Establishment’s website (texts, photographs, illustrations, logos, visual identity, etc.) are protected by intellectual property law and remain the exclusive property of the Establishment or its rights holders. Any reproduction, representation, distribution, or exploitation, whether in whole or in part, without the prior written authorization of the Establishment, is strictly prohibited.

Article 13 — Complaints and Mediation

Any complaint relating to a booking or service must be sent to the Establishment as soon as possible, by email or by registered post with acknowledgement of receipt to the address of the registered office.

In the event of a dispute that cannot be settled amicably within a reasonable timeframe, the consumer Client may have recourse free of charge to a consumer mediation service, pursuant to Articles L.616-1 and R.616-1 of the French Consumer Code.

The Establishment adheres to the following mediation scheme: the Client may refer the matter to the Tourism and Travel Ombudsman — Médiation Tourisme Voyage (MTV), BP 80 303, 75823 Paris Cedex 17 — www.mtv.travel.

The European Commission also provides an Online Dispute Resolution (ODR) platform accessible at: https://ec.europa.eu/consumers/odr.

Article 14 — Applicable Law and Jurisdiction

These T&Cs are governed by French law.

In the event of a dispute arising from the interpretation, performance, or termination of these T&Cs, and failing an amicable resolution, the competent courts shall be those within the jurisdiction of the Establishment’s registered office, unless otherwise provided by mandatory statutory provisions.

For Clients acting as consumers within the meaning of European Union law, protective jurisdiction rules under Regulation (EU) No 1215/2012 shall remain applicable.

Article 15 — Miscellaneous Provisions

If one or more provisions of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation, or following a final and binding court decision, the remaining provisions shall retain their full force and effect.

The failure of the Establishment to enforce a breach by the Client of any of the obligations referred to in these T&Cs shall not be construed as a definitive waiver of the obligation in question.

These T&Cs may be modified at any time by the Establishment. The applicable version is that in force on the date the booking is confirmed by the Client. It is the Client’s responsibility to check the latest version of the T&Cs before making any new booking.