CERISE by Exhore
Online Standard Terms and Conditions
- Scope of application
- Reservation process
- Acknowledgement of receipt of the reservation
- Cancellation or modification by the customer
- Non-availability of accommodation
- Force majeure
- Staying at the hotel and/or residences
- Privacy protection
- Agreement on evidence
- Applicable law
- Entirety of agreement
- Upgrades & modifications to the general terms of sale
2 – The site enables users to reserve rooms or apartments in different hotels and residences of the Group Cerise under the brand CERISE.
5 – The reservation is subject to the customer agreeing to these terms and conditions; reservations cannot take place without this agreement.
6 – The customer has the option to save and edit these terms and conditions by using the standard functions of his browser or computer.
7 – The site includes the following information:
- The legal notice specifically identifying EXHORE and indicating its corporation rights, registration address, email address, telephone number, corporate headquarters.
- The main features of the offered accommodation (establishment facilities may be viewed at the reservation stage according to the establishment selected).
- The prices.
- Payment methods.
- Terms and conditions of sale.
- Validity of the offer and its price.
- Minimum length of the proposed contract, if applicable.
8 – The customer, prior to ordering the services, declares that the reservation of these services is for personal use.
9 – As the consumer, the customer has specific rights that in theory would be applied where the reserved services would not be for personal use.
10 – All the information available at www.cerise-hotels-residences.com
is shown in French as well as several other languages which will be available in the near future.
11 – The customer confirms that he is fully able to legally commit to these terms and conditions.
1 – The terms and conditions used in this document define the rights and obligations of the parties under the scope of the remote reservation of services offered by EXHORE on its website www.cerise-hotels-residences.com
2 – They govern all the steps required for reservation and post-reservation between the contractual parties.
3. Scope of application
1 – These terms and conditions apply to all reservations made online.
2 – EXHORE reserves the right, without notice or indemnity, to temporarily or permanently shut down the website www.cerise-hotels-residences.com
or its online reservation pages.
3 – EXHORE is not responsible for damages of any nature that may result from these changes and/or from the temporary unavailability or indeed permanent shutdown of all or part of the site or its associated services, such as the online reservation pages.
1 – The customer selects the services presented on the website.
2 – The customer acknowledges having understood the nature, the destination and the methods of reservation of services available on the website and having solicited and obtained the necessary and/or supplementary information to carry out the reservation in complete knowledge of the facts.
3 – The customer is solely responsible for his choice of services and their suitability as to his needs, such that EXHORE shall not be held responsible in this aspect.
4 – The reservation is deemed accepted by the customer at the end of the reservation process.
6. Reservation Process
2 – The reservation is considered to have been made when the reservation form has been received or at the time of prepayment online by bankcard.
3 – Prior to any reservation, the customer shall complete the information required in the reservation form or request.
4 – The customer attests to the truth and accuracy of the information submitted.
7. Acknowledgement of receipt of the reservation
1 – The customer reservation is subject to an acknowledgement of receipt by email.
2 – For online reservations, the emailed acknowledgement of receipt of the reservation summarizes the contract offer, the services reserved, the prices, the terms and conditions of sale concerning the selected rate, any information pertaining to after-sales services and commercial warranties and the address of the vendor’s premises to which the customer should address any complaints.
8. Cancellation or modification by the Client
1 – The customer is reminded, pursuant to article L. 121-20-4 of the Consumer Code, that he does not have the right to retraction as stipulated in article L. 121-20 of the Consumer Code, once the services are provided on a predetermined date or for a predetermined period of time.
2 – Terms of cancellation or modification are stated in the terms and conditions of sale associated with each rate, if applicable.
3 – Pre-paid reservations cannot be modified or cancelled. The paid sums shall not be reimbursed. If this is the case, it shall be stipulated in the rate’s terms and conditions of sale.
4 – In the event that the stay is interrupted, the entirety of the agreed price shall be paid. Prepaid reservations are not entitled to reimbursement.
5 – The description of the establishment includes the latest time by which the client must vacate his bedroom. Failing this, he will be billed for an additional night..
9. Non-availability of accommodation
1 – In the event that for any reason outside its control the establishment is unable to fulfil the reservation which has been made, it will make every effort to find alternative accommodation for you, at its cost, in a hotel and/or a residence of at least an equivalent category, situated nearby
10. Force majeure
1 – The term force majeure refers to any event outside the parties’ control, which is both unforeseeable and insurmountable, preventing either the client or the hotel and/or the residence from fulfilling all or part of the obligations detailed in the contract. Force majeure circumstances or acts of God include those circumstances normally recognised as such by the case law of the French courts.
2 – Neither party may be considered liable vis-a-vis the other in the event of the non-performance of its obligations resulting from force majeure circumstances. It is expressly agreed that for the parties, force majeure will suspend the performance of their reciprocal obligations and that each party will assume the resulting expenses.
1 – EXHORE is obliged to guarantee conformity to services, under the conditions set forth in articles L. 212-1 and s. of the Consumer Code.
2 – The Customer shall receive a contractual guarantee applicable to the service.
1 – All photos are non-contractual If all efforts are made to ensure that the photographs, graphical images and texts reproduced to illustrate the displayed hotels and/or residences provide as accurate as possible of the accommodation offered, variations may occur, in particular as the result of any change of furniture or renovation. The customer has no right to claim against such changes, since these variations have no bearing on the key features of the service.
2 – EXHORE shall not be held responsible for the non-fulfillment or inadequate fulfillment of the reservation in the event of a force majeure, actions of third parties, actions of the customer or of his partners, such as unavailability of the Internet network, no access to the website, external intrusion, computer viruses, or in the event of non-authorized prepayment from the bearer’s bank.
3 – EXHORE accepts no responsibility for any indirect damage as a result, in particular loss of earnings, actions of third parties, actions of the clients or of his partners.
4 – Hyperlinks may link to websites other than the EXHORE website. EXHORE accepts no responsibility for the content of these websites or the services featured on them
13. Staying at the hotel and/or residence
1 – In application of the applicable regulations, upon arrival at the hotel and/or residence the client will be asked to complete a police information form. To do so, the client will be asked to present an identity document to check whether he must complete the police form or not.
2 – Some hotels and/or a residences allow certain pets as long as these are on a lead or in a cage in the common areas of the building (to check whether a hotel and/or a residence accepts pets or otherwise, the client should refer to the hotel and/or residence information sheet on the website). For hygiene reasons, pets are not allowed in the restaurants and dining rooms.
3 – The client agrees to use the bedroom prudently and responsibly. Consequently, any behaviour which is offensive and which adversely affects public order will result in the hotel and/or residence asking the client to leave the establishment with no compensation payable and no reimbursement if payment has already been made. If no payment has yet been made, the client must pay the price for the nights already stayed before leaving the establishment.
4 – Some hotels and/or residences have Site Rules by which their clients must abide. The client agrees and commits himself to comply with these rules. Should the client fail to comply with any provisions of the Site Rules, the hotel and/or residence will be obliged to ask the client to leave, with no compensation payable and no reimbursement if payment has already been made.
5 – Some hotels and/or residences propose WiFi access enabling clients to connect to the Internet. The client agrees that the IT resources made available by the hotel and/or residence will in no way be used for the reproduction, representation, performance, provision or communication to the public of works or items protected by copyright or neighbouring rights, such as text, images, photographs, musical works, audio-visual works, software and video games, without the authorisation of the rights holders, as provided for in volumes I and II of the intellectual property code, when such authorisation is required. If the client fails to comply with the above-mentioned obligations, he risks being charged with counterfeiting or infringement (article L.335-3 of the intellectual property code) punishable by a fine of €300,000 and three years’ imprisonment. The client is also required to comply with the security policy of the hotel's ISP (and/or residence's ISP), including the rules for the use of security features implemented with the aim of preventing the illegal use of IT resources, and to avoid any actions which may adversely affect or otherwise impair such resources.
6- Check-in and check-out times are specific to each property. They are indicated on the description page of each property on the site www.cerise-hotels-residences.com and / or available on simple request at the reception. In case of non-respect of the check-out time, an additional night will be charged. In case of an arrival before the official check-in time, the management reserves the right to charge an additional fee.
We therefore wish to point out that Apartments rented within Aparthotels are not covered by the liability regulations applicable to hotel (and/or residence) operators. Consequently, CERISE by EXHORE does not accept any liability in the event of loss, theft or damage to personal effects suffered within its establishments, which are classified as Holiday Residences, either in respect of the Apartments themselves or their car parks and communal areas.
1 – Complaints referring to the non-fulfillment or inadequate fulfillment shall be, under penalty of foreclosure, brought to the attention of EXHORE in writing within the 24 hours of arrival ( sent to EXHORE’s registered office see above) or directly to the hotel or the residence.
2 - Please note that after making an unsuccessful attempt, formalised in writing, to resolve the dispute, you are entitled to use a mediation procedure by referring the matter to the Paris Mediation and Arbitration Centre, whose contact details are as follows:
CMAP Centre de Médiation et d’Arbitrage de Paris
39 Avenue Franklin Roosevelt
1 – The prices pertaining to the reservation of services are indicated before and during the reservation.
2 – The prices shown are per room for the number of people and the date(s) specified.
3 – The prices are shown inclusive of taxes, in the currency local to the hotel and/or residence, and are valid only for the duration specified on the website.
4 – Unless specified otherwise, supplementary services (breakfast, half-board, full-board …) are not included in the price.
5 – Tourist tax (if applicable) is specified for each rate and shall be paid locally directly to the hotel and/or residence
6 – Prices are inclusive of VAT applicable on the order date and any modification of VAT related taxes shall be automatically reflected in the prices shown.
7 – Any modification to or the introduction of new legal or statutory taxes imposed by the relevant authorities will be automatically passed on to the client through the stated prices on the invoicing date.
8 – EXHORE shall state the total order amount when the customer confirms the reservation.
1 – The customer submits his bank details to guarantee the reservation unless otherwise subject to special conditions or rates:
- By credit card or debit card (Visa, Eurocard / Mastercard, American Express, Aurore card) entering in the relevant fields (data secured) the card number, without spaces, the expiry date and the onscreen code via the payment platform.
2 – The payment is debited at the destination hotel and/or residence
, unless under special conditions or rates where the payment is made at reservation (online prepayment on certain rates)
3 – In the event of no show (reservation that has not been cancelled where the customer is not present), when the booking is guaranteed by bank card, the customer shall be debited the cost of the first night from the bank card specified in the reservation guarantee.
4 – EXHORE has chosen the Miraï reservation engine to guarantee the security of its reservations. Miraï guarantees the secure transmission of clients’ data, using the https protocol, in compliance with data protection rules. Among others, the Mirai reservation system is PCI-DSS certified, an official standard confirming that the company meets security standards for the storage of clients’ data.
The validity of the client’s payment card is checked by the Miraï system then by the hotel and/or residence. A card may be refused for several reasons: stolen card, blocked card, threshold reached, inputting error, etc. In the event of a problem, the client should contact his bank but also the hotel and/or residence to confirm his reservation and payment method
5 – For prepayments, the amount debited at reservation includes: the price of the accommodation, taxes applicable to the accommodation, the price of meals if breakfast is selected and the taxes applicable to meals (as stated in point 12.6.).
6 – Where the rate is subject to online prepayment, the debit is carried out upon reservation.
17. Privacy protection
You accept the provisions of this charter as part of our terms and conditions of sale.
1 - The information collected and requested from the customer referred to as "personal data" that identify him/her either directly (last name, first name) or indirectly (telephone number, email address or postal address) is required to process his/her order and will be given to EXHORE as well as its contractual partners such as hotels and/or holiday residences. Without such information, EXHORE will be unable to confirm a reservation.
We will store your personal data for as long as necessary to process it in accordance with applicable law.
2 - Customers can write to EXHORE using the contact details provided in our legal notice to exercise their rights of access and rectification of information concerning them, that is being processed by EXHORE in accordance with the conditions provided for by applicable law.
Customers have the right to object, free of charge, to the use of their data for market research and commercial purposes.
3 - The customer is hereby notified that all personal data collected will be subject to automated processing for which the controller is EXHORE.
4 - The collection and processing of personal data
Personal data collected from our customers includes:
• Contact Information: Name, first name, e-mail address, telephone number
• Credit card numbers
• “LA CERISE SUR LE GÂTEAU” loyalty scheme membership numbers
• Arrival and departure dates
• Your questions/comments
We will never voluntarily collect sensitive information such as racial or ethnic origins, religious beliefs, political opinions, trade union membership or data concerning your health or sexual orientation.
When you are required to enter personal banking information such as credit card numbers considered sensitive, you will be redirected to a secure site AND YOUR CONSENT WILL be required. Secure Socket Layer (SSL) security technology secures your transactions.
(Terms and Conditions of our supplier MIRAI: https://reservation.mirai.com/MRE/MAgreement.do?idtokenprovider=100375809&language=fr )
Personal data is processed to fulfil our obligations towards our customers and to inform our customers of any special offers and new services offered by EXHORE.
The processing of such information is secured by technical measures that protect your personal data from being accidentally lost or damaged or disclosed or accessible to unauthorized individuals.
c) Why collect your personal data?
Within the scope of managing hotels and tourist residences, personal data is collected to:
- Book your room and stay
- Pay for your room and stay, your extra payments for breakfast, tourist tax and various others.
- Deal with complaints and any claims made
- Subscribe to the “LA CERISE SUR LE GÂTEAU” loyalty scheme
- Participate in our customer satisfaction surveys
- Participate in our competitions, online games
- Receive our information and promotional offers
In order to:
- Fulfil our customer obligations
- Produce and keep legal accounting documents
- Ensure the proper management of consumption and access during your stay in our hotels or tourist residences.
- Process your personal data for our “LA CERISE SUR LE GÂTEAU" loyalty program.
- Keep customers informed on our promotional offers and any new developments at CERISE
- Respond to the qualitative feedback given regarding your stay
- Manage possible subscription cancellations including the right to oppose,
- Ensure the safety of our customers inside the premises at any given moment and in case of force majeure contact them expressly.
- Measure quality and improve our services
- Ensure compliance with applicable laws and legislation
d) Who has access to your personal data:
We give access to the staff members of our hotels and tourist residences who are authorised to consult your personal data within the limits set out above, with the exception of sensitive data. Each member of staff has a username and password to access our reservation and invoicing software.
In the event of force majeure, we may share your personal data (surname, first name, telephone number) with personnel from medical, emergency and legal services.
We may disclose your information to authorities if required by law or as part of an investigation.
We may also transmit your personal data to credit card companies in the context of a collection dispute for any purpose.
5 - Customers are informed on each form requesting personal data which fields are required and which are optional.
6 - Customers authorize EXHORE to disclose their personal data to third parties on the condition that such disclosure is consistent with the fulfilment of EXHORE's obligations under these terms and conditions.
7 – Cookies:
Please note that cookies may have been saved on your device before you changed your browser settings. In this case, clear your browsing history in your browser settings.
You may also delete cookies in the privacy settings of your browser at any time, although this may affect your use of the site.
As part of online advertising programs, third-party providers, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to gather your clickstream data, and to display ads on third-party sites based on your visits to our site.
Users can prevent their data from being used by Google Analytics by downloading and installing the Google Analytics opt-out add-on ( https://tools.google.com/dlpage/gaoptout?hl=en)
8 -Access, modification, the right to oppose,
CERISE - 147 avenue Paul Doumer - 92500 RUEIL-MALMAISON - Tel. +33 (0)1 55 94 06 57
In order to guarantee confidentiality, we will need to identify you in order to act upon your request and ensure its legitimacy. You will be asked for a form of ID such as an ID card or passport.
We will deal with your request as quickly as possible and in accordance with the legislation in force.
18. Agreement of Evidence
1 – The specification of necessary bank details and the acceptance of these terms and conditions and the reservation form or reservation request constitute an electronic signature equivalent in value to a physical signature between the parties
2 – The computerized records retained by EXHORE’s IT systems shall be retained under reasonable levels of security and considered as proof of communication, orders and payments between the parties.
3 – The customer is hereby informed that his IP address is recorded at the time of reservation.
19. Applicable Law
1 – These terms and conditions of sale are governed by French law.
2 – Applicable to both substantive and procedural rules.
20. Entirety of agreement
1 – These terms and conditions, the conditions of sale of the rate reserved by the customer and the reservation form or request express the parties obligations in their entirety.
2 – These terms and conditions override all general or specific conditions communicated by the customer.
3 – In the case of discrepancy between the reservation form and the terms and conditions, only the clauses of the reservation form shall apply for the obligation in question.
21. Upgrades/modifications to the general terms of sale
1 – These general terms of sale may be modified and/or added to at any time by Exhore. In this case, the new version of the general terms of sale will be published online by Exhore. When published online, the new version of the general terms of sale will apply automatically to all clients.
Please consult the further sales conditions applicable to each rate or type of room which can be viewed before selecting the rate of your reservation.
Last updated : May the 18th of 2018
147 avenue Paul Doumer
Tel : +33 (0)1.55.94.06.57