Terms and Conditions for Night and Spa customers
Last updated on June 29, 2018, at 12:22 pm.
Article 1 - Definitions
These general terms and conditions of sale (hereinafter referred to as the "GTC") are proposed by NUITETSPA, a company with a capital of €10,000, registered in the RCS on 22-07-2016 and whose registered office is located at 40 rue de la république 69270 Couzon au Mont d'or.
We will then designate:
- "site": the site and all its pages.
- "services": all the services that can be subscribed to on the site.
- "service provider": NUITETSPA, a legal entity, as a service provider, puts partners wishing to rent their property(ies) in contact with customers looking for this (these) type(s) of property(ies) on the site.
- partner": a legal or natural person proposing to rent one or more properties for the purpose of accommodation on the NUITETSPA website
- "the customer": the Internet user, individual or professional, making a reservation on the site, this is the tenant of the property proposed by the site
- "tax" means any sales tax, value added tax (VAT), goods and services tax, tourist tax, accommodation tax, costs that accommodation providers may have a legal obligation to collect and remit to administrative authorities, as well as similar indirect municipal, state, federal or national taxes or other withholding and income or profits tax.
Internet users visiting the Site and interested in the Services offered by the NUITETSPA service provider are invited to read these "GTCs" carefully, to print them and/or save them on a durable medium, before placing an order on the Site.
The Client acknowledges having read the "GTC" and accepts them in full and without reservation.
Article 2 - Application and modification of the General Terms and Conditions
NUITETSPA reserves the right to modify the "GTC" at any time by publishing a new version of them on the Site, specifying at the top of this document the latest date of update.
The "GTCs" applicable to the Client/Lessee are those in force on the day of his order on the site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this site.
Article 3 - Purpose of the Site and acceptance of the customer
This site offers an online booking platform on which partners (landlords) can create and publish advertisements for accommodation that customers (tenants) can consult in order to book the said accommodation.
The Site is freely and freely accessible to any Client, who by its use agrees to comply with and be bound by the provisions and stipulations of these "GTC", which govern access to the site, the application, services and content.
The acquisition of a service implies the acceptance of the entirety of the present "GTC", which acknowledges having read it fully and in the same way as regularized between the client and the partner.
This acceptance is concretized by the validation of the following sentence:
"I accept the general terms and conditions of sale nuitetspa.com Read the T&Cs"
Checking this box will be deemed to have the same value as a handwritten signature from the client. This acceptance presupposes that the Customer has the necessary legal capacity to do so. As a result, NUITETSPA only addresses adults.
Article 4 - Online booking / Terms and conditions
At the time of booking, the Customer undertakes to provide accurate personal information. (Surname, first name, e-mail address, postal address, telephone number...) Non-exhaustive list. The Client is solely responsible for the veracity, accuracy and relevance of the data provided.
By making an online reservation, the customer agrees to enter into a contractual agreement with one of the partners and accepts that NUITETSPA may only act as an intermediary.
All the customer's personal data will be transmitted to the partner.
The reservation is final as soon as the deposit is paid. The customer then receives a confirmation email to the email address he himself provided when he made the reservation.
Prices, availability, information and images concerning the properties presented on the NUITETSPA website are published via an extranet fed directly by the partners.
All information concerning the goods is therefore the sole responsibility of the partner. The housing proposals contained on the NUITETSPA website do not in any way constitute a form of approval by NUITETSPA.
Article 4 -1 Condition of validity of gift vouchers
Gift vouchers are valid for one year from the date of purchase of the voucher.
Gift vouchers purchased on the site can be used at all partners presented on the site.
Gift vouchers cannot be combined with promotional offers or promotion codes.
Article 4 -2 Condition of validity of discount codes
Each partner, like NUITETSPA, has the possibility of establishing promotional codes for its single- or multiple-use establishment.
These promotional codes can be established by different means:
- all kinds of advertising (mailing, social networks...)
- customer gift
- loyalty gift
- welcome gift....
- commercial arrangement established with the client
Each promotional code will have its own conditions both in the discount granted, which may be understood as a net sum or percentage and in the period of validity, the number of uses... The promotional codes will strictly indicate the possible places of use, or the days and dates of possibility of use...
All conditions being specific to each voucher, they will be defined directly on it.
Article 4 -3 Sale of options
Each partner is free to choose the options they wish to make available to the consumer.
Attention, the photos are not contractual.
The decorations with rose petals, for example, can change according to your host's wishes.
The Champagne made available is either mum or Charles laffitte. Depending on stocks, we may have to supply other products of equivalent quality and price.
Article 5 - Booking procedure and description of the booking process
The services offered are those listed on the site, they are within the limits of the availability of the rented property. Each property is accompanied by a description drawn up by the partner.
The photographs of the properties presented on the NUITETSPA website are intended to reflect a true and fair view of the properties offered but do not constitute a contractual commitment on the part of NUITETSPA insofar as it cannot control and ensure a perfect similarity with the physical properties rented by the partners.
The customer's reservation will be defined below. In order to make a reservation, the customer chooses the property or properties they wish to rent on the dates they define. The reservation may be modified at any time until its final validation.
The customer will be required to provide a certain amount of personal data and is responsible for doing so accurately. The reservation as well as the customer's data and any other information may be modified at any time until its final validation, so the customer could not hold NUITETSPA liable in the event of failure to receive a confirmation of reservation, or any other document making necessary information visible to the customer if this results from incorrect information on his part on his personal data. Thus, all information such as arrival times etc. are deemed to be safe and read by the customer. Failing this, he alone shall bear the consequences due to such negligence.
The booking page will indicate the necessary data such as exact costs, rates and locations.
To make the reservation you will have to click on the validate space (after having accepted the conditions and GTC):
The customer will then be sent back to the PayPal online payment platform. The payment of his deposit will be completely secure. It is not necessary for the customer to have a PayPal account, he can book simply by using his credit card.
As soon as payment has been made, the reservation is final, and the customer is informed by sending an e-mail confirming the reservation, summarizing all the content of the reservation, the cost of the reservation and a summary of important information.
Article 6 - Prices and payment terms
The cost of the service offered by the NUITETSPA website is included in the rental price, without any additional charge for the customer.
In accordance with the ALUR law of 24 March 2014, the cost of NUITETSPA's service represents a commission paid by the partner in the form of a connection fee corresponding to a percentage of the rental cost.
Unless otherwise stated, the prices appearing on the site are prices understood in Euros net to be paid.
The company NUITETSPA collects the sums due for the reservation made by the customer for the benefit of the partner.
NUITETSPA reserves the right to modify any content on the site including its prices. Nevertheless, the price shown on the site, the day of the order will be the only one applicable to the Customer.
The Customer can place his order on this Site and must make his payment via the PayPal site offered by the NUITETSPA website.
NUITETSPA may, without prior request, receive any amount of money due thanks to data relating to Customers' means of payment.
Payment via PayPal made on the NUITETSPA website is made on behalf of the partner, with NUITETSPA only paying itself through the connection fees.
The partner can provide for the payment of a deposit in order to guarantee the reservation, the Customer is invited to make the payment directly on the PayPal site integrated into NUITETSPA.
The services and options offered on the site in addition to the nights are specific to each property and defined by the partner himself.
NUITETSPA does not market options and/or services in addition to overnight stays, it cannot be held responsible for the absence or failure to implement a service offered by the partner.
The company NUITETSPA will archive invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 121-16-3 of the Consumer Code.
The tourist tax will be levied on arrival by the partner, this tax is per person and per night may differ from one city to another, the customer is invited to check in advance before making any reservation on the NUITETSPA website.
In the event of payment of the rejected balance, NUITETSPA reserves the right to use the bank imprint collected at the time of payment of the deposit by the customer for the benefit of the partner in order to debit the amount of the outstanding balance or any other amount of money due.
The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
The payment methods authorized for the payments of the balance on the spot are defined directly by the partner. They are visible on your booking confirmations and property sheets via the partners' "GTCs".
Article 6 -1 Invoices
The Customer will have access to an invoice for any payment made.
Invoices relating to the payment of instalments will be sent by e-mail to Customers as soon as payment has been received. These invoices will show the exact identity of the partners.
Invoices relating to the payment of balances made on arrival must be requested by the client from the partner. These will be sent by email to customers and will include payments made on arrival.
Article 7 - Cancellation procedures and consequences of failure to submit
The general cancellation conditions are as follows and apply to all partner institutions:
- Deposits are non-refundable.
- In case of cancellation up to 7 days before the rental date, the full night is due. In this respect, NUITETSPA may debit the balance or any other amount remaining due on behalf of the partner without prior request.
- In case of no presentation, the entire night is due. In this respect, NUITETSPA may debit the balance or any other amount remaining due on behalf of the partner without prior request.
Arrival times are fixed and clearly indicated by the partners on the property sheet, these times are also recalled on the booking confirmations. The partner's own "T&Cs" will specify its delay policy. Beyond the margin established by the partner, if the client is still absent it will be a no-show.
Only the partner is authorized to change the customer's arrival time. Requests to modify arrival times must be sent by email by the customer and are subject to acceptance by the partner.
By default, the general conditions of arrival are as follows:
You will be expected on site by a receptionist for only 20 minutes.
Beyond that, we will have to agree on a new appointment time according to our availability.
A second receptionist will be appointed on site at the agreed time.
20 extra cost for the second presentation. ( WARNING THIS PRESENTATION IS SUBMITTED TO OUR AVAILABILITIES); in the event of unavailability on our part, it will be a no-show.
Arrival after 8pm: Cost 30€
In case of staff waiting: Cost of additional delay for each additional half hour: 30€ (Each half hour started is due)
Closing - No receptions after 8:30 pm.
Beyond that no arrival is possible.
(except written authorization by email)
Requests for changes may result in the application of the terms and conditions for cancelling the reservation.
Article 8 - Length of stay
The duration of the Clients' stay is clearly established thanks to the arrival and departure times visible on the descriptive sheets of the goods and on the Clients' booking confirmations.
Any extension of stay without the partner's consent is therefore prohibited.
The partner may request compensation in the event of an extension without consent by invoicing the ex-price option to the Customer(s), for example. The price of this option may vary according to the partners and is clearly established on the description of the partner's property.
NUITETSPA may debit this amount due on behalf of the partner in the event of a proven extension.
Article 9 - Claims / Absolute necessity
Any claim following a stay or otherwise must be made to the partner. Its identity is clearly established on invoices provided by e-mail to customers. In the event of force majeure, if the partner is unable to receive the customer, the latter will be refunded the amount of the deposit paid at the time of booking or may keep this amount in the form of a credit note in order to make a new booking.
Article 10 - Damage caused to the property(ies) subject to rental and security deposit
The customer is responsible for the rented property, as such he is required to return it in the same condition as he received it.
The client acknowledges and agrees to be solely responsible for his acts, omissions and those of any person accompanying him or to whom the client/tenant has in turn granted accommodation.
The partner may choose to request within its "GCVs" in the description of its property to request a security deposit, the nature, amount, time limits and methods of return of which will be specified.
Tenants are required to respect the neighbourhood.
Some establishments may prohibit the use of private equipment at night. (between 23h00 and 08h00)
Please check with the establishments before booking.
Each announcement will mention the possible need for a security deposit for the leased property.
Article 11 - Customer service - Data processing and liberties - Personal data policy
Customer service on this Site is available by mail at the following e-mail address: email@example.com or by post at the address indicated in the legal notices.
The personal data requested by NUITETSPA on this site are essential for the proper processing of the reservation. These personal data that are requested by NUITETSPA on this site are essential for the proper processing of the reservation. These personal data are only intended for the company NUITETSPA and the partner concerned by the reservation on the NUITETSPA website. They are intended to facilitate closer contact with the partner institution. This personal information includes name, first name, address, city, postal code, telephone number, e-mail address, etc.
In accordance with Law No. 78-17 of 6 January 1978, the customer is informed that personal data of a personal nature communicated on the NUITETSPA website are processed by computer, unless he expressly objects. The user has the right to access and/or delete information concerning him/her. It will be sufficient to make a written request to the customer service at the above-mentioned address.
Nuit et Spa keeps the personal data collected only for the time necessary to process requests from users and partners or for the time required by current law, beyond this period, Nuit et Spa will delete the personal data collected.
This computerized data processing has not been declared to the CNIL.
Nuit et Spa takes all necessary precautions to preserve data security.
Data access necessarily requires authentication via access codes and passwords. The Nuit et Spa site also uses the https protocol.
Article 12 - Responsibility of NUITETSPA
NUITETSPA is not a real estate broker, real estate agent or insurer.
NUITETSPA does not exercise any control over the behaviour of site users (partner and/or customer), the application of the services, or regarding hosting.
NUITETSPA excludes any liability for the accommodation offered with regard to the security of goods or persons within the establishments that are the sole responsibility of the partner.
In the event of an event affecting the client's person or property during the stay, NUITETSPA shall not be held liable, the partners retaining their civil and criminal liability.
The customer acknowledges the evidential value of NUITETSPA's automatic registration systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
NUITETSPA cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure.
Regarding the services offered, NUITETSPA will not incur any liability for any indirect damage due to the presented, operating loss, loss of profit, damage or costs, which may occur.
The choice of a service is the sole responsibility of the Customer.
The total or partial inability to use the service may not give rise to any compensation, reimbursement or liability of NUITETSPA.
The Customer expressly acknowledges that he/she uses the Site at his/her own risk and under his/her sole responsibility.
The site provides the Client with information for information purposes only, which may contain imperfections, errors, omissions, inaccuracies and other ambivalence that do not entail the liability of NUITETSPA.
In any case, NUITETSPA cannot be held responsible:
- Any direct or indirect damage suffered by one of the partners or the customer, in particular with regard to loss of profits, loss of profit, loss of customers, loss of data that may result from the use of the Site, or on the contrary the impossibility of its use.
- A malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or the use of a browser not often used by the Customer.
- The content of advertisements and other external links or sources accessible by Customers from the Site.
The photographs and visuals of the properties presented on the Site are not contractual in nature, and NUITETSPA cannot therefore be held liable if the characteristics of the properties offered for rent differ from the visuals on the Site or if the latter are incorrect or incomplete.
NUITETSPA does not guarantee the goods offered by the partners.
Article 13 - Intellectual property rights
All the elements of this Site belong to the company NUITETSPA, or are used by the company NUITETSPA with the authorization of their owners (the partners).
Any reproduction, representation, adaptation of logos, textual content, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.
The brands and logos contained in the Site may be registered by NUITETSPA, or possibly by one of its partners.
NUITETSPA reserves the right to use the content of the data provided by the partners as it sees fit.
The NUITETSPA site may contain advertisements whose content is not the responsibility of NUITETSPA.
Any person making their representations, reproductions, interweaving, diffusions and reruns shall be liable to the penalties provided for in Articles L. 713-2 et seq. of the Intellectual Property Code.
Article 14 - Independence of the clauses and titles of these "GTCs
If any provision of the "GTC" is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the "GTC" and shall not affect the validity and enforceability of the remaining provisions.
These "GTC" replace all previous or contemporaneous written or oral agreements.
The "GTCs" are not transferable, transferable or sublicensable by the Client itself.
A printed version of the "GTC" and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the "GTC".
The parties agree that all correspondence relating to these "GTCs" must be written in French.
In the event of any difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 15 - Applicable law
These "GTC" are governed by and subject to French law.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal proceedings. In accordance with the decree of 30 October 2015 on the mediation of consumer disputes, NUITETSPA encourages the customer to request mediation before any dispute arises.
Unless otherwise provided by public policy, any legal action relating to the execution of these "GTC" shall be subject to the jurisdiction of the courts of the NUITETSPA company's registered office, subject to any specific jurisdiction arising from a specific legal or regulatory text.
Dear customers, please be aware that we translate our GTCs ourselves from French into English for your comfort. We cannot be held responsible for a lack of language. Please refer to the T&Cs in French in case of uncertainty.