Terms and Conditions of Sale
La Maison Hugo
Article I. General provisions
These general terms and conditions of sale (the “General Terms and Conditions of Sale” or “Terms and Conditions”) apply without restriction or reservation and define the rights and obligations of the parties in connection with the booking of apartments (the “Services”) offered by SAS ARTEMIS, operating under the trade name “La Maison Hugo” (the “Service Provider”) to customers, whether consumers or otherwise (the “Customer”).
The Customer is required to read these Terms and Conditions before making any booking. The choice and purchase of a Service are the sole responsibility of the Customer.
The Customer declares that they have read and accepted these General Terms and Conditions of Sale before entering into the contract for the provision of the Services. Validation of the Service booking by the Customer constitutes full and unconditional acceptance of these General Terms and Conditions of Sale.
These Terms and Conditions apply to the exclusion of any other terms and conditions, in particular those applicable to other sales channels for the Services.
These General Terms and Conditions of Sale include our personal data protection policy (the “Privacy Policy”), which is also available on the Website (as defined below). By accepting these Terms and Conditions, the Customer expressly accepts the provisions of this Privacy Policy.
Article II. Booking conditions
Booking process
Bookings may be made by the Customer on the Service Provider’s website (www.lamaisonhugo.com) (the “Website”) or directly by telephone or email.
The process leading to the booking of one or more apartments includes the following steps (non-exhaustive list):
- Choice of accommodation;
- Entry of the stay dates;
- Entry of the number of persons (adults and, where applicable, children) staying in the selected accommodation;
- Selection of the rate (“Non-Refundable” or “Flexible”);
- Validation of the stay;
- Entry of personal and payment information;
- Confirmation of payment;
- Notification to the Customer that the booking has been successfully registered (via a dedicated screen on the Website, followed by a confirmation email).
It is the Customer’s responsibility to verify the accuracy of the booking confirmation and to immediately notify the Service Provider of any error.
Additional conditions following the booking
For all bookings, the name of the holder of the payment method must be identical to the name used to make the booking.To this end, the Service Provider reserves the right to request a photo of the Customer holding the payment method. In the event of any doubt or inconsistency, the Service Provider shall not be bound by the booking and may unilaterally cancel it, without any refund or compensation being due to the Customer.
If the booking was made by a company on behalf of a third-party individual with whom it has a contractual relationship (agent, employee, service provider, etc.), the Customer must provide the Service Provider with confirmation of the booking made on their behalf by that company, showing all information relating to the booking, together with any relevant evidence proving that they are the person on whose behalf the booking was made. In the event of any doubt or inconsistency, the Service Provider shall not be bound by the booking and may unilaterally cancel it, without any refund or compensation being due to the Customer.
Rates
The prices applicable to the booking of the Services are indicated at the time of booking. In this context, the Customer may choose between two rates: “Non-Refundable” or “Flexible”.
The full amount of the stay is charged on the date of booking. Consequently, in the event of a no-show or cancellation by the Customer, the choice of either the “Non-Refundable” or “Flexible” rate determines whether or not the amount charged may be refunded, according to the criteria described in Article III (Cancellation Conditions) below.
The sale of Services shall only be considered final once the Customer has received confirmation from the Service Provider accepting the booking and once the full amount of the stay has been collected by the Service Provider.
The prices indicated:
- apply per apartment, for the number of persons and dates selected;
- are confirmed to the Customer inclusive of all applicable taxes and in euros;
- are valid only for the period indicated on the Website.
All bookings, regardless of the Customer’s nationality, are payable in the local currency of our accommodation establishments (euros).
Unless expressly stated otherwise, additional services (for example, additional cleaning) are not included in the price indicated at the time of booking.
The prices take into account the VAT applicable, where relevant, on the date of the order, and any change in the applicable VAT rate will automatically be reflected in the prices shown on the invoice date. The same applies to the local tourist tax.
Any new legal or regulatory tax imposed by the competent authorities will automatically be reflected in the prices applicable on the invoice date. The Customer agrees to pay the various applicable taxes without dispute.
Security deposit
A security deposit (the “Security Deposit”) is required for every booking.
On the day before the scheduled start date of the stay, the Service Provider will send the Customer an email containing a “security deposit link” to provide the Customer’s bank card details and obtain a pre-authorisation on that account for an amount corresponding to the Security Deposit.
No amount will be charged in respect of the Security Deposit except in accordance with these General Terms and Conditions of Sale and in the event of damage identified by the Service Provider in the accommodation after the Customer’s departure and/or any amount remaining unpaid in respect of the stay.
Any booking for which the corresponding Security Deposit has not been validly arranged no later than the date scheduled for the handover of the keys to the accommodation will be cancelled by the Service Provider, without any refund or compensation being due to the Customer. The Service Provider shall not be held liable in such circumstances.
Article III. Payment terms & Cancellation Conditions
Right of withdrawal (not applicable)
The Customer is informed that, for accommodation Services that have been booked, they do not have the right of withdrawal provided for under Article L. 222-18 of the French Consumer Code, which is excluded pursuant to Article L. 221-28, paragraph 12, of the French Consumer Code for contracts relating to accommodation services that must be provided on a specific date or during a specified period.
Cancellation process and refund terms
Cancellation or modification of a booking may be made directly with the Service Provider by email or telephone.
The specific conditions and options selected by the Customer at the time of booking (in particular, the choice between the “Non-Refundable” and “Flexible” rates) determine the applicable cancellation terms:
- “Non-Refundable” rate: this rate does not allow any refund in the event of a no-show or cancellation, regardless of the reason;
- “Flexible” rate:
- 100% of the booking amount will be refunded to the Customer if the booking is cancelled no later than the 15th day before the scheduled start date of the stay;
- 50% of the amount will be refunded to the Customer if the booking is cancelled between the 14th day and the 3rd day before the scheduled start date of the stay;
- no refund will be made by the Service Provider if the booking is cancelled within 48 hours of the scheduled arrival date; the Customer may, where applicable, assert their rights under their individual insurance policy.
In the event of an interruption of the stay (unexpected departure by the Customer), no refund shall be made.
In the event of cancellation by the Service Provider for reasons attributable to the Service Provider (and not due to any fault, negligence or inaction on the part of the Customer), the Service Provider will fully refund the amount paid for the booking.
Late check-out
Unless expressly agreed otherwise, the Customer must vacate the apartment no later than 11:00 a.m. on the last day of the stay as stated in the booking or, in the event of an extension of the stay requested by the Customer and accepted by the Service Provider, on the last day thus agreed. Failing this, an additional night will be charged to the Customer at the rate applicable on the day of departure.
Payment for all Services shall be made directly on the Website.
The price is payable in full on the date of booking by the Customer, in accordance with the terms specified in Article II (Booking Conditions) above, by secure payment (Visa, MasterCard, American Express and other payment cards), as follows:
- The Customer enters their bank card details directly in the designated area, including the card number without spaces, expiry date and security code. The transmission of the card number and expiry date is secured by SSL encryption and data protection technology (in accordance with applicable standards) and PCI security standards. The Customer’s payment card is also subject to validity checks by the various parties and partners involved and may be refused for various reasons, including a stolen or blocked card, exceeded spending limit, data entry error, etc.
- In such cases, the Customer shall contact the bank that issued the relevant payment method directly, or the relevant establishment to provide another means of payment and thereby confirm that the booking is effective.
For each payment made by bank card, the Customer must send the Service Provider a photo of the credit card, which must bear the same name as the name used for the booking.
The online payment methods available are expressly stated on the Website, and the list may change over time.
The credit card used for payment may be requested by the establishment upon the Customer’s arrival.
The Service Provider shall be entitled, when the Customer presents the bank card used for payment, to request identification documents for the purpose of preventing bank card fraud.
Furthermore, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or suspend performance of its obligations.
Article IV. Stay – Customer commitments and liability
Suitability of the booking
The Customer is solely responsible for the choice of Services they have booked and for their suitability for their needs.
The Customer is also solely responsible for the information provided in connection with the bookings made, and shall therefore bear full responsibility for any provision of inaccurate or fraudulent information.
Compliance with laws and the Terms and Conditions
The Customer undertakes to comply with French laws and regulations as well as with the provisions set out in these General Terms and Conditions of Sale. In the event of any breach by the Customer, the Customer shall be liable for any damage caused by them to the Service Provider and/or any third party. Any breach may, where applicable, result in the Service Provider charging the Security Deposit.
Payment of the price
By making a final booking, the Customer undertakes to pay the full price thereof (including taxes).
Any booking or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer shall result in cancellation of the booking at the Customer’s expense, without prejudice to any claim for compensation against the Customer.
Mandatory police registration form
Pursuant to Articles R.611-42 et seq. of the French Code governing the entry and residence of foreigners and the right of asylum (CESEDA), the Customer must provide, as part of the online check-in procedure, the identification information required by the applicable regulations.
Any Customer of foreign nationality is required to complete an individual police registration form electronically before accessing the accommodation.
The data collected are strictly limited to the information legally required and are retained for a maximum period of six (6) months, in accordance with the applicable regulations.
Use of the rented premises
The Customer agrees and undertakes to use the apartment in a reasonable and responsible manner. Any conduct contrary to public decency or public order shall require the Service Provider to terminate the Customer’s stay. The Customer must then immediately leave the apartment and the building, without being entitled to any refund or compensation of any kind from the Service Provider.
Within the Service Provider’s building (building entrance, courtyard, stairways, common areas and apartments):
- Smoking and vaping are strictly prohibited (including at the windows);
- Pets are not permitted.
Any breach of the above provisions will systematically result in the Security Deposit being retained.
Lawful use of IT resources
The Customer also undertakes to ensure that the IT resources made available by the Service Provider (in particular computer equipment and the Wi-Fi network) are in no way used for the reproduction, representation, making available or communication to the public of works or subject matter protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the rights holders referred to in Books I and II of the French Intellectual Property Code where such authorisation is required.
The Customer undertakes not to access any unlawful content. The Customer must also comply with the security policy of the Service Provider’s Internet access provider, including the rules governing the use of security measures implemented to prevent unlawful use of IT resources, and must refrain from any act that could impair the effectiveness of such measures.
Theft, loss or damage to the Customer’s property
The Service Provider shall not be liable in the event of theft, loss or damage to belongings belonging to the Customer or brought by the Customer into the accommodation.
Damage caused to the Service Provider or third parties
The Customer shall be liable for any damage, deterioration or act of vandalism that may arise from the occupation of the premises, whether committed by the Customer or by any occupant or staff for whom the Customer is responsible, affecting the property, fixtures and equipment within the accommodation and common areas, as well as the Internet network made available to the Customer, including data loss, viruses and service disruption.
The Customer shall also be liable for any personal injury, harm to individuals, assault or sexual abuse committed against an employee of the Service Provider or another customer.
Article V. Force majeure
The parties to these General Terms and Conditions of Sale shall not be held liable in the event of non-performance or delay in the performance of any of their obligations as described herein due to an event of force majeure within the meaning of Article 1218 of the French Civil Code.
Article VI. Complaints
Any complaint must first be sent by registered letter with acknowledgement of receipt (LRAR) to Artémis SAS, 3 rue Victor Hugo, 93100 Montreuil, received no later than fifteen (15) days after the date on which the event giving rise to the damage occurred. After this period, no complaint may be considered.
Any legal action must first be preceded by an attempt to reach an amicable settlement of the dispute. For this purpose, the Customer undertakes to contact the Service Provider’s customer service department, either at the above address or by email (hello@lamaisonhugo.com).
In the event of failure, the Service Provider and the Customer may choose to implement an alternative dispute resolution mechanism, such as conventional mediation or conciliation (Articles 1530 et seq. of the French Code of Civil Procedure / Articles L.611-1 et seq. of the French Consumer Code).
Article VII. Personal data protection
The Customer’s personal data are collected and processed in the strictest confidentiality, in accordance with our Privacy Policy.
As data controller, the Service Provider complies with the provisions of French Law No. 78-17 of 6 January 1978, as amended, relating to Data Processing, Files and Freedoms, and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (the “GDPR”).
In this context, the Service Provider’s contact details are as follows:
- Artémis SAS
- Registered office: 13 rue Henri Dunant, 94130 Nogent-sur-Marne
- Email: hello@lamaisonhugo.com
Article VIII. Intellectual property and counterfeiting
The Service Provider owns the intellectual property rights or holds the rights of use over all elements accessible on the Website, including texts, images, graphics, logos, icons, sounds, software, etc.
Any reproduction, representation, modification, publication or adaptation, in whole or in part, of any element of the Website, regardless of the means or process used, is prohibited without the Service Provider’s prior written authorisation.
Any unauthorised use of the Website or any of the elements it contains shall be deemed to constitute the offence of copyright infringement, punishable in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code, and shall be subject to legal proceedings.
Article IX. Website information
The purpose of the Website is to provide information concerning the activities of the Service Provider, which endeavours at all times to provide information on the Website that is as accurate as possible.
However, the Service Provider shall not be liable for omissions, inaccuracies or failures to update information, whether attributable to the Service Provider or to third-party partners providing such information.
All information provided on the Website is for information purposes only and may change. Such information is provided subject to any amendments made since it was published online.
Article X. Applicable law – Competent jurisdiction
These General Terms and Conditions of Sale are governed by French law.
Any dispute directly or indirectly related to the performance of these General Terms and Conditions of Sale, concerning the booking of one or more apartments or the performance of additional services related to accommodation services, shall be subject to the exclusive jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal, regardless of the Customer’s nationality.
These General Terms and Conditions of Sale are drawn up in the French language. If they are translated into one or more foreign languages, only the French version shall be legally binding.
If a court or competent authority determines that all or part of any provision of these General Terms and Conditions of Sale is invalid or unenforceable, the provision concerned shall be deemed deleted to the extent required. The validity and enforceability of the remaining provisions of these General Terms and Conditions of Sale shall not be affected.
Article XI. Pre-contractual information – Customer acceptance
The Customer acknowledges that, prior to placing their order and entering into the contract, they were provided, in a clear and understandable manner, with these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the French Consumer Code, including in particular the following information:
- the essential characteristics of the Services;
- the price of the Services and any additional fees;
- the cancellation conditions;
- information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, where these do not already appear from the context;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of having recourse to conventional mediation in the event of a dispute;
- information stating that the Customer does not benefit from a right of withdrawal in connection with the Services.
