Terms and conditions of sale

CERISE by Exhore

1. Preamble

2. Object

3. Scope

4. Duration

5. Booking

6. Booking process

7. Acknowledgement of receipt and booking

8. Cancellation or modification by the customer and responsibility of the establishment

9. Relocation

10. Force majeure

11. Guarantees

12. Liability

13. Stay in a hotel and/or tourist residence

14. Claims

15. Prices

16. Payment

17. Respect for privacy

18. Agreement on evidence

19. Governing law

20. Entire agreement

21. Evolution / modification of the terms and conditions of sale

 

1. Preamble

  1. EXHORE operates the www.cerise-hotels-residences.com website, the EXHORE Group’s hotel reservation site.
    • SAS EXHORE: 147 AV PAUL DOUMER 92500 RUEIL MALMAISON
    • RCS NANTERRE: 499 188 290 Intra-community VAT: FR21 499 188 290
    • Phone: 01 55 94 06 57 contact@exhore.fr
  2. The website allows you to book rooms at the EXHORE Group’s CERISE hotels and residences.
  3. The customer declares that he/she has obtained all the necessary information from EXHORE on the www.cerise-hotels-residences.com website.
  4. Any reservation via the www.cerise-hotels-residences.com website implies consultation and acceptance of these general conditions.
  5. The customer’s agreement to these terms and conditions is obtained at the time of booking; no booking is possible without this agreement.
  6. The customer has the option of saving and editing these general terms and conditions using the standard functions of their browser or computer.
  7. The site contains the following information:
    • The legal notice allowing precise identification of EXHORE and indicating the company name, the address where it is established, its e-mail address, its telephone number, its registered office.
    • The essential characteristics of the accommodation on offer (property information sheets for each establishment can be consulted when booking).
    • Prices.
    • Payment terms.
    • Terms and conditions of sale.
    • The period of validity of the offer and its price.
    • The minimum duration of the proposed contract, if any.
  8. The customer declares that they have the full legal capacity to enter into an agreement under these terms and conditions.
  9. As a consumer, the customer has specific rights, which would be called into question in the event that the booked services are not for personal purposes.
  10. All the information available on the www.cerise-hotels-residences.com website is presented in French, English and Spanish.
  11. The customer declares that he/she has full legal capacity to enter into commitments under these terms and conditions.
  12. List of companies and establishments governed by these General Terms and Conditions of Sale:

Terms of sale - CERISE Hôtels et Résidences

2. Objet

1 – These terms and conditions define the rights and obligations of the parties regarding the remote booking of services offered by EXHORE on its website www.cerise-hotels-residences.com

2 – They govern all the steps necessary for the booking and subsequent management of the booking by the contracting parties.

3 – The customer acknowledges having read and accepted these general terms and conditions of sale, which are available on the www.cerise-hotels-residences.com website.

3. Scope

These terms and conditions apply to all online bookings.

4. Duration

  1. The present general conditions of sale apply throughout the period during which the services are put on line by EXHORE on the www.cerise-hotels-residences.com website.
  2. EXHORE reserves the right, without prior notice or compensation, to temporarily or permanently close the www.cerise-hotels-residences.com website or the online booking space.
  3. EXHORE is not responsible for any damage of any kind that may result from these changes and/or temporary unavailability or the permanent closure of all or part of the website or the services associated with it, such as the online booking area.

5. Booking

  1. The customer chooses the services presented on the website.
  2. The customer declares that they have read the description, destination and booking terms for the services available on the website and have requested and obtained the necessary and/or additional information to make their booking with full knowledge of the facts.
  3. The customer is solely responsible for their choice of services and ensuring that they are suitable for their needs. EXHORE cannot be held liable in this regard.
  4. The booking is deemed accepted by the customer at the end of the booking process.

6. Booking process

  1. Bookings made by the customer are made using the online booking voucher available on the www.cerise-hotels-residences.com website.
  2. The booking is deemed to have been made upon receipt of the booking voucher or when prepaying online by bank card.
  3. Prior to any booking, the customer shall complete the information requested on the voucher or booking request.
  4. The customer is responsible to ensuring that all information provided is accurate and correct.

7. Acknowledgement of receipt of booking

  1. The customer’s booking shall be acknowledged by email.
  2. As part of the online booking process, the acknowledgement of receipt of the booking by email will summarize the contract offer, the services booked, the prices, the conditions of sale relating to the selected rate and the address of the seller’s establishment to which the customer can submit any claims.

8. Cancellation or modification by the customer or the host (CERISE establishment)

  1. In accordance with article L. 121-20-4 of the Consumer Code, the customer is reminded that they do not have the right of withdrawal as provided for in article L. 121-20 of the Consumer Code as long as the services are provided on a specific date or at a specific frequency.
  2. Cancellation or modification conditions are indicated in the conditions of sale attached to each rate, if applicable.
  3. Bookings with pre-payment will not be subject to any changes or cancellations. The amount paid shall not be refunded. In this case, this will be mentioned in the conditions of sale for the rate.
  4. In the event of early departure, the entire price agreed will be charged. For bookings with pre-payment, no refund will be issued.
  5. The description for the establishment will indicate the time by which the customer is required to vacate the room. Failure to do so will result in the customer being charged for an additional night.
  6. In the event of a cancellation by the CERISE establishment (other than force majeure) CERISE will do its utmost to find a solution and relocate the customer to a facility of the same category or higher. if no relocation solution can be found:
    • The customer will be refunded the full amount that they have paid so far.
    • In accordance with legislation, in the event of cancellation by the establishment, the customer must be refunded twice the amount paid where a deposit has been charged (Article 1590 of the Civil Code).
    • In the event of an interruption during the stay, the customer will be refunded in proportion to the nights not used.

9. Relocation

In the event that, for reasons beyond its control, an establishment is unable to honour the booking, it will make its best efforts to relocate the customer at the establishment’s own expense to a nearby hotel and/or tourist residence of at least equivalent category.

10. Force majeure

  1. Force majeure refers to any event external to the parties that is both unpredictable and insurmountable that prevents either the customer or the establishment from honouring all or part of the obligations provided for in the contract. Force majeure or fortuitous events are considered to be those usually recognized by the jurisprudence of the French Courts and Tribunals.
  2. Neither party may be held liable towards the other party in the event of non-performance of its obligations as a result of force majeure. It is expressly agreed that force majeure suspends each parties mutual obligations and that each party shall bear the burden of the resulting costs.

11. Guarantees

  1. EXHORE is required to guarantee the conformity of the services offered, as set out in Articles L. 212-1 et seq. of the Consumer Code.
  2. The customer benefits from a contractual guarantee for the service.

12. Responsibility

  1. Photographs shown are not contractual in nature. While every effort is made to ensure that photographs, graphic representations and texts reproduced to illustrate the establishments provide as accurate an overview as possible of the accommodation services offered, variations may occur, in particular, due to changes in furniture or possible renovations. The customer cannot submit any claim as a result, as long as these variations do not relate to the essential characteristics of the service.
  2. EXHORE shall not be held liable for the failure of third parties, the customers or its partners to honour a booking, either wholly or in part, as a result of force majeure, such as unavailability of internet services, impossibility of access to the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder’s bank.
  3. EXHORE accepts no liability for any indirect damages arising hereunder, in particular operating losses incurred by third parties, the customer or its partners.
  4. Hyperlinks may refer to sites other than the EXHORE website. EXHORE accepts no responsibility for the content of these sites or the services they offer.

13. Stay in a hotel and/or tourist residence

  1. In accordance with current regulations, upon arrival at the hotel or tourist residence, the customer will be asked to complete a police form. For this, the customer will be required to present a valid ID in order to check whether or not they need to complete the police form.
  2. Some establishments accept certain animals as long as they are kept on a lead or in a cage in the establishment’s common areas (to check whether or not an establishment accepts animals, the customer should refer to the establishment details on the website). For hygiene reasons, pets are not allowed in dining areas.
  3. The customer accepts and undertakes to use the room in a prudent and responsible manner. Any unethical behaviour or public order offences will result in the establishment asking the customer to leave the premises without any compensation or refund if payment has already been made. If no payment has yet been made, the customer must pay the full price of the nights used before leaving the establishment.
  4. Some establishments also have their own Internal Regulations that customer must observe. The customer accepts and undertakes to comply with these regulations. In the event that the customer fails to comply with any of said Internal Regulations, the establishment will be obliged to ask the customer to leave the establishment without any compensation or refund if payment has already been made.
  5. Some properties offer Wi-Fi access so that guests can connect to the internet.The customer agrees not to use the computer resources made available by the hotel or tourist residence in any way for the reproduction, representation, sharing or communication to the public of works or objects protected by copyright or similar rights, such as text, images, photographs, musical works, audiovisual works, software or video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code, where such authorization is required. If the customer does not comply with the aforementioned obligations, they risk being accused of an infringement offence (Article L.335-3 of the Intellectual Property Code), punishable by a fine of up to 300,000 euros and three years’ imprisonment. The customer is also required to comply with the security policy of the hotel or tourist residence’s Internet service provider, including any rules implemented in order to prevent the illicit use of IT resources and any act that undermines the effectiveness of these resources.
  6. The arrival time and departure time are specific to each establishment. In the event that the customer remains in their room past the specified check-out time, an additional night will be charged. If the customer arrives before their room is available, the management reserves the right to charge a supplement.

Holiday residence:

Please note that rentals concerning a tourist residence do not fall under the responsibility of CERISE.

Consequently, CERISE by EXHORE cannot be held liable in the event of loss of theft or damage to personal effects in establishments classified as Tourist Residences, either in apartments, common areas or in the car park.

14. Claims

  1. Any claims concerning poor service or a failure to honour a booking, under penalty of forfeiture, must be brought to the attention of EXHORE in writing within 24 hours of arrival (using the contact details of EXHORE’s Headquarters indicated below) or directly to the hotel or tourist residence.
  2. If a prior attempt to resolve the dispute with EXHORE, in writing, has proved unsuccessful, you have the option of resorting to a mediation procedure by referring the matter to the Paris Mediation and Arbitration Centre, whose contact details are as follows:

Online Sales Disputes:

Online Disputes Resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Contact:
https://ec.europa.eu/consumers/odr/main/?event=main.complaints.odrList#inline-nav-3

15. Price

  1. The prices of the services booked are indicated before and at the time of booking.
  2. Les prix indiqués s’entendent par chambre pour le nombre de personne(s) et le(s) date(s) sélectionnée(s).
  3. The prices indicated are per room for the number of people and date(s) selected. Prices are displayed in the local currency of the hotel or tourist residence and are only valid for the duration indicated on the website.
  4. Unless otherwise stated, additional services (breakfast, half board, full board, etc.) are not included in the price.
  5. Tourist taxes (if applicable), as indicated for each rate, are to be paid on site to the hotel or tourist residence.
  6. Prices shown include VAT applicable on the day of the booking, and any change in the VAT applicable will be automatically reflected in the prices shown.
  7. Any modification or introduction of new taxes imposed by the relevant competent authorities will automatically be reflected in the prices indicated on the date of invoicing.
  8. When confirming the customer’s booking, EXHORE will indicate the total amount of the order.

16. Payment

  1. The customer shall be required to provide their bank details as a guarantee of the booking, except under special conditions or for special rates:
    • By credit or debit card (Visa, Eurocard/Mastercard, American Express) indicating in the space provided (secure entry) the card number, without spaces, as well as the expiry date and the name of the cardholder, for pre-payment
  2. Payment will be debited at the hotel or tourist residence during the stay, except in the case of special conditions or rates where payment is debited at the time of booking (pre-payment on certain rates).
  3. In the event of a no show (booking not cancelled – customer not present), the customer will be charged the amount for the first night on the credit card that was given as a booking guarantee.
  4. EXHORE has chosen the Mirai booking engine to secure its booking process. Mirai guarantees the secure transmission of customer data under the https protocol in compliance with data protection regulations.
  5. In particular, Mirai’s reservation system is PCI-DSS certified, an official standard accrediting the company’s compliance with security standards for the storage of customer data.
    • The validity of the customer’s payment card is verified by Mirai and then by the hotel or tourist residence.
  6. The card used for payment may be refused for one of several reasons: stolen card, blocked card, card limit reached, erroneous details, etc. In case of a problem, the customer will have to contact their bank and also contact the hotel or tourist residence to confirm their booking and payment method.
  7. In the case of pre-payment, the amount charged at the time of booking includes: the price of the accommodation, related taxes, the price of breakfast (if applicable) and taxes related to catering (as mentioned in point 12.6.). Where rates are subject to online prepayment, the amount shall be charged at the time of booking.

17. Respect for privacy

We have adopted a charter detailing our privacy policy, the 8 articles of which you will find below if relevant.

You are required to accept the provisions of this charter as an integral part of our terms and conditions of sale.

1. The information requested and collected from the customer called “personal data”, which makes it possible to identify the customer, either directly, such as their surname or first name, or indirectly, such as their telephone number, e-mail address or postal address, are necessary in order to process their order and will be communicated to EXHORE and its contractual partners, such as hotels or tourist residences. If this information is not provided, EXHORE will not be able to register the customer’s booking.

Before providing this information, we recommend that you carefully read the articles below explaining our customer privacy policy.

We will retain your personal data for the period necessary for the purposes of data processing in accordance with applicable legislation.

2. The customer may write to EXHORE, using the details contained in the legal notice, to exercise their rights of access and rectification with regard to their personal data that is subject to processing by EXHORE under the conditions provided for by applicable legislation.

The customer has the option to object, free of charge, to their personal data being used for prospecting purposes, in particular, with regards to marketing.

3. The customer is informed that all personal data collected will be subject to automated processing and the data controller will be EXHORE.

4. The collection and processing of personal data

a. Collection

The personal data collected from customers is:

    • Contact details: Surname, first name, email address, telephone number
    • Credit card numbers
    • The “CERISE sur le gâteau” loyalty programme membership number
    • Arrival and departure dates
    • Your questions/comments

We are committed to never deliberately collecting sensitive information, such as details regarding race, ethnicity, religious beliefs, political opinions, trade union affiliations, health or sexual orientation.

However, personal banking data and credit card numbers are also considered sensitive. In order to collect these details, you will be directed to a secure site and be required to GIVE YOU EXPLICIT CONSENT.

Your transactions will be secured using encryption technology (Secure Socket layer). General terms and conditions of our service provider MIRAI: https://reservation.mirai.com/MRE/MAgreement.do?idtokenprovider=100375809&language=fr)

b. Processing

Personal data will be processed so that we can fulfil our obligations to the customer and inform them of special offers and any new services offered by EXHORE.

This data is processed using technical measures to protect your personal data to prevent damage, loss or disclosure or access to unauthorised persons.

c. Why do we collect your personal data?

As part of our hotel and tourist residence business, in order to:

    • Allow you to book your room, your stay
    • Enable you to pay for your room, your stay, your additional costs, breakfasts, tourist tax and other miscellaneous fees…
    • Ensure the correct processing of disputes or possible complaints
    • Allow you to participate in our “CERISE sur le gâteau” loyalty programme
    • Allow you to participate in our satisfaction surveys
    • Allow you to participate in our competitions and online games
    • Allow you to receive our news and promotional offers

In order to:

    • Meet your customer obligations
    • Maintain legally required accounting documents
    • Ensure that access and the general management of your booking is handled correctly during your stay in our hotels or tourist residences.
    • Ensure the processing of your personal data as part of our “CERISE sur le gâteau” loyalty programme.
    • Inform you about our promotional offers and news about the CERISE group
    • To allow you to provide qualitative feedback about your stay
    • To allow the processing of unsubscriptions, taking into account the right of opposition
    • Ensure the safety of hotel customers at any given time and contact them in case of force majeure.
    • To measure quality and therefore improve our services
    • To ensure compliance with regulations and legislation

d. Who has access to your personal data:

We provide access to your personal data to authorised staff in our hotels and authorised tourist residences within the framework set out above, with the exception of sensitive data.

Each staff member has a login and password to access our booking and invoicing software.

In the event of force majeure, we may share your personal data (surname, first name, address, telephone number) with medical, first aid and potential legal service personnel.

We may share your information with the authorities if required to do so by law or as part of an investigation.

We may also transmit your personal data to credit card companies for different collection purposes.

5. The customer is informed on each personal data collection form as to whether each field is mandatory or optional.

6. The customer authorizes EXHORE to communicate their personal data to third parties on condition that such communication is compatible with the performance of the operations incumbent on EXHORE under these terms and conditions.

7. Cookies:

The website you are visiting uses cookies. This enables the site to access information already stored on your device and write information to it.

These cookies are used to enable and facilitate browsing on the website, in particular, by remembering your browsing preferences as defined during your session and to compile anonymous statistics on visits.

You may refuse the use of cookies by selecting the appropriate settings on your browser.

The way these settings can be modified will depend on your browser but is generally easy to do: you can either activate a private browsing function or simply refuse or limit cookies by consulting the links below to the main deactivation tutorials:

https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies 
https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en
http://www.apple.com/fr/privacy/use-of-cookies
https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies

Please note that cookies may have been stored on your device before you set your browser preferences: if this is the case, clear your browsing history, again using your browser settings.

You can also delete cookies at any time using your browser’s privacy options, although this may restrict your use of the website.

In order to operate online advertising services, third-party advertisers, including Google, use their own cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to obtain information about your browsing behaviour.

 

The use of cookies is governed by Article 32 II of Law No. 78-17 of 6 January 1978, implementing Article 5.3 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002, as amended by Directive 2009/136/EC.

 

 

8. Access, modification, right of opposition
CERISE – 147 avenue Paul Doumer – 92500 RUEIL-MALMAISON – Phone: 01 55 94 06 57

In order to guarantee confidentiality, we will have to identify you in order to process your request and ensure its legitimacy.

You will be asked for a means of identification such as an ID card or passport.

We are committed to processing your request as soon as possible and in accordance with current legislation.

18. Agreement on evidence

  1. The entry of required banking details, as well as the acceptance of these terms and conditions and the voucher or booking request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

     

  2. Computerized records stored on EXHORE’s computer systems will be kept under reasonable security conditions and considered as proof of communications, orders and payments made between the parties.
  3. The customer is informed that their IP address is recorded at the time of booking.

19. Applicable legal jurisdiction

  1. These terms and conditions of sale are governed by French law.
  2. This is the case for the substantive rules and procedural rules.

20. Entire agreement

  1. These terms and conditions, conditions of sale for the rate booked by the customer and the voucher or booking request set out all obligations concerning the parties.
  2. No general or specific conditions communicated by the customer may be incorporated into these terms and conditions.
  3. In the event of a contradiction between the booking voucher and the terms and conditions, the provisions set out in the booking voucher shall be the only provisions applicable to the obligation in question.

21. Modifications to the terms and conditions of sale

  1. These terms and conditions of sale may be amended and/or supplemented by EXHORE at any time. In such an instance, the new version of the terms and conditions of sale will be posted online by EXHORE. As soon as it is published online, the new version of the terms and conditions of sale will automatically apply to all customers making bookings from that date, except for bookings prior to the date of online publication for which the previous version of the terms and conditions of sale shall remain applicable.

Please consult the additional conditions of sale related to each rate/type of room. They will appear on the conditions for the rate proposed, presenting before selecting the rate for your booking.

Last update: 07 Décembre 2023
EXHORE
147 avenue Paul Doumer
92500 RUEIL-MALMAISON
Phone: 01.55.94.06.57
contact.cerise@exhore.fr