Terms and Conditions of Services

• For Accommodation Services (the reservation of rooms at an Establishment or other types of accommodation), it is noted that consumer law provides an exemption to the usual right of withdrawal or cancellation for contracts concerning the provision of accommodation services to be provided at a specified date or period.
  
• For each reservation of a Service, the Special Conditions specify the conditions to cancel and/or modify the reservation.
• Reservations with prepayment will not be subject to any changes and/or cancellations. The deposit (money paid in advance) will not be reimbursed. This is noted in the Special Conditions.
• When the Special Conditions allow:
  • the cancellation of the reservation of a Service can be made directly on the Site in the “Change or Cancel Your Reservation” section; and         
  • the modification of the reservation of a Service can be done directly with the Establishment, whose contact information, including telephone number, is specified on the reservation confirmation e-mail.
• In the event of an interruption of a Service by the Customer, the entire agreed-upon price will be charged. No refund will be granted in the event of a reservation with pre-payment prior to the stay.
• In the case of an Accommodation Service, unless otherwise expressly stipulated in the Special Conditions, the Customer must leave the room of the Establishment before the time indicated by the Establishment, generally 12 noon on the last day of the reservation. Otherwise, the Customer will be charged for an additional night.

• The Customer is solely responsible for their choice of Services on the Site and their suitability for their needs, so that Ennismore cannot be pursued for liability in this regard.
  
• The Customer is also solely responsible for the information provided when creating their account and/or any reservation of a Service. Ennismore cannot be held liable for any erroneous or fraudulent information provided by the Customer. In addition, only the Customer is responsible for the use of their account and any reservation made, both on behalf of the Customer and on behalf of third parties, including minors, except to demonstrate fraudulent use arising from no fault or negligence on the part of such Customer. In this respect, the Customer must immediately inform Ennismore of any hacking or fraudulent use of their e-mail address by contacting its customer service department, whose details are provided in clause 9.
  
• The Customer agrees to use the Site and the Services offered therein in compliance with the applicable regulations and these Terms. In the event of a breach of the Customer’s obligations under these Terms, the Customer is liable for damages caused by him/her to Ennismore or third parties. In this regard, the Customer commits to guaranteeing Ennismore against all claims, actions or recourse of any kind that may arise and to compensate for any damages, fees or any compensation related thereto.
  
• The Customer, in particular, commits to making a final reservation of a Service, pay the price thereof and comply with the Special Conditions relating thereto.
• Subject to any Specific Conditions:
  • any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the Service reservation at the expense of the Customer, without prejudice to any action that Ennismore may bring against such a Customer;
    
  • the Customer shall not invite into the Establishment any person whose behaviour is likely to be disruptive to the Establishment and/or to the stay of other Customers;
    
  • the Customer shall not bring into the Establishment (communal areas and/or bedrooms) beverages or food from outside sources, unless clearly permitted in advance by the Establishment in question;
  • the Customer shall not smoke in public premises and should only smoke in bedrooms if they have been classified as a smoking room and booked in advance as such a room. Some Establishments are 100% non-smoking, which means that smoking in the bedrooms and any part of the Establishments is forbidden;
    
  • the Customer shall not disrupt or interfere with the operations of the Establishment including its staff shall not compromise the safety of the Establishment or the persons within;
    
  • more broadly, any behaviour contrary to good morals and public order at the Establishment, as well as any violation of the Internal Regulations of the Establishment will cause the Director of the Establishment and/or any other service provider to ask the Customer to leave the premises without any compensation and/or refund if a payment has already been made. In the case where no payment has yet been made, the Customer must pay the price of the Services consumed before leaving the premises;
    
  • any minor must be accompanied by an adult and be in possession of a personal identity document; this adult may be any person with parental consent (the Establishment may be able to request proof of this parental consent); and
    
  • the Customer also undertakes to ensure that the computer resources made available by the Establishment (including the Wi-Fi network) are not used in any way to reproduce, represent, make available or communicate to the public works or objects protected by copyright or related intellectual property rights, such as text, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the right holders provided for in Books I and II of the Intellectual Property Code when such authorisation is required. The Customer is also required to comply with the security policy of the internet access provider of the Establishment, including the guidelines for the security measures implemented to prevent the illicit use of resources and to refrain from any act undermining the effectiveness of such measures.
• The Customer will be liable for all damage caused by him and/or his guests within the Establishment and shall bear all costs arising from such damage and/or failure to comply with the above rules. Ennismore reserves the right to intervene if necessary and to take any appropriate action against the Customer.

• Ennismore undertakes, within an obligation of means, to provide access to the Site and the Services offered in accordance with the Terms, to act with diligence and competence, and to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention.
  
• Ennismore may, however, be forced to temporarily suspend the Site without notice, especially for technical reasons involving maintenance, without incurring liability.
  
• The Customer acknowledges and accepts that Ennismore’s liability does not extend to any inconvenience or damage arising from the use of the internet network, including, but not limited to:
  • the poor transmission and/or reception of any data and/or information over the internet
  • the failure of any reception equipment or lines of communication; and
    
  • any malfunction of the internet network that prevents the Site from operating properly and/or reserving the Services.
• The Site may redirect users to web links of other websites that are published and managed by third parties for which Ennismore disclaims any liability for the content of such websites and the services offered therein. In this respect, it is specifically noted that partners are responsible for the promotion of the offers published on their own websites. The decision to consult third-party websites is therefore the full and complete responsibility of the Customer.
• The Establishments are operated by legal entities separate from Ennismore.
  
• Ennismore and the Establishments are bound by a contract under which Ennismore provides hotel know-how, brands and various services including distribution, sales, marketing and loyalty services.
• Ennismore serves as an intermediary between each of the Establishments and the Customer.  Ennismore has a mandate regarding the negotiation, training and marketing of Ennismore Services at the Establishments. It is noted that the Establishments are operated by legal entities that are distinct from Ennismore.
• The Customer may not hold Ennismore liable for any shortcomings attributable to the Establishment. Information about the Establishment is available:
• in the booking confirmation e-mail; and
• on the Establishment’s profile on the Site.
  
• The Customer acknowledges and agrees that in the event of litigation and/or a complaint relating to a stay at an Establishment or the reservation of an Ennismore Service, the Customer undertakes to exclusively contact the operating company of the Establishment concerned and that in this respect, the Customer cannot in any way seek the liability of Ennismore or any Ennismore group company for deficiencies attributable to the Establishment. Information concerning the Establishment is available in the booking confirmation e-mail.

• Neither of the Parties can be held liable to the other party in the event of the non-fulfilment of its obligations resulting from a Force Majeure Event. It is expressly agreed that a Force Majeure Event suspends the performance of the reciprocal obligations of the Parties and that each Party bears the burden of the costs arising therefrom.
  
• If a Force Majeure Event lasts more than thirty (30) days after its occurrence, these Terms may be terminated by any of the Parties without any of them being able to claim damages.
  In the case of a Force Majeure Event, an exceptional event or impossibility to carry out the Service and, in particular, making the room of the Establishment available to the Customer, the Establishment may reserve the option of providing accommodation to the Customer, in whole or in part, at an Establishment in the equivalent category or perform a Service of the same nature, subject to the prior agreement of the Customer. The reasonable expenses relating to the transfer (additional cost of the rooms, transportation and a phone call) between the two Establishment shall be payable by the concerned Establishment in accordance with the existing standard procedure of the said Establishment.
  
• For the purposes of these Terms, “Force Majeure Event” means an event of an extraordinary nature, which was not caused by the Party claiming for it and which was beyond the reasonable control of the Party claiming it (“Claiming Party”).   
• Force Majeure Event includes any:
  • strike, labour walkout or other labour interruption/disputes;
  • acts of God;
  • failure of power;
  • civil commotion, riots or insurrections;
  • acts of terrorism;
  • war/invasion;
  • embargos, sanctions or similar restrictions;
  • damage or destruction;
  • earthquake, hurricane, flood, fire;
  • material disruption in airline or other transportation systems;
  • act of a Governmental Authority;
  • local, regional or world threats or outbreak of infectious disease, epidemic or pandemic disease(s); and
  • travel advisories or alerts issued by any Governmental Authority or any international agency or body.
• Force Majeure Event does not include any party’s failure to pay or reimburse any amounts due hereunder as and when due.

• Customer Service is at your disposal to address any claim relating to a Service on the Site.
  You can reach us at help.accor.com.
• Or you may write to us at:
  
  Customer Service for Reservations
  2 Rue de la Mare Neuve
  91021 Evry – FRANCE
  
• To facilitate the processing of complaints, it is advisable to send the complaints in writing to the Customer Service Department concerning the non-performance or poor performance of the Services within eight (8) days after the date of completion of the Service.
  
• In its relations with the customer service department, the Customer undertakes to remain courteous and not to make any derogatory comments, in particular with regard to Ennismore, the Establishments, the entities of its group or its employees or collaborators, in accordance with the rules of common sense and politeness. Ennismore reserves the right to take all appropriate measures against the Customer in the event of prejudicial or reprehensible behaviour (in particular unfortunate, malicious or insulting behaviour) with regard to Ennismore, the Establishments, entities of its group or its employees or collaborators.

• When the Customer uses the Site, in particular when making a reservation, Ennismore and Ennismore group entities process personal data as described in the “Ennismore Group Privacy Policy” – see Ennismore Privacy Policy
  
• Thus, the information collected as part of the Customer’s reservation is intended for Ennismore , its entities (including ACCOR S.A. and its group entities), its partners, its service providers (in particular online payment service providers) and the Establishments for the purpose of executing the reservation or taking pre-contractual measures. Once the guarantees provided for by the applicable regulations have been put in place, the Customer’s data may be transferred from Europe to countries that do not ensure, from the point of view of the United Kingdom and the European Union, an equivalent level of data protection.
  
• In particular, in order to secure payment transactions, Ennismore group entities process personal data to determine the level of fraud risk associated with each transaction. On this occasion, Ennismore and the Establishments may use the Ennismore group risk prevention service provider to refine their analysis. Depending on the results of the investigations carried out, Ennismore group may take security measures, in particular requesting the Customer to use a different reservation channel or an alternative payment method. These measures will have the effect of suspending the execution of the reservation or, if the result of the analysis does not guarantee the safety of the order, of cancelling it. Fraudulent use of a means of payment leading to payment default may result in the Customer being entered in the Ennismore group incident file, which may lead Ennismore group to block future payments or carry out additional checks.
  
• The Customer may at any time exercise his rights under the regulations on the protection of personal data. All the information required for this purpose is set out in the “Ennismore Group Privacy Policy” – see Ennismore Privacy Policy.

• The input of the required bank information and the acceptance of these Terms and the Special Terms and Conditions by electronic means constitute an electronic contract between the Parties which is proof between the Parties of the reservation of the Service and the payment of the sums due upon the execution of said reservation.
• The Terms and the applicable Special Conditions constitute the entirety of the obligations of the Parties. No other condition communicated by the Customer may be incorporated herein.
  
• In the event of a contradiction between the Special Conditions and the Terms, the Special Conditions will be the only ones applicable for the obligation concerned. In case of contradiction between, on the one hand, the general terms and conditions, of whatever nature, of a Partner and these Terms, on the other, the stipulations of these Terms will be the only ones applicable to the obligation at issue.
• If one or more stipulations of these Terms are deemed to be invalid or declared as such under a law, regulation or following a decision adjudicated by a competent jurisdiction that has become final, any other stipulations shall remain in force to their full extent.
  
• The authentic language is English. If the Terms are translated into a foreign language, the English language will prevail over any other translation in the event of any dispute, litigation, difficulty of interpretation or in the fulfilment of these conditions and, in a more general manner, regarding the relations between the Parties.
  
• The Customer acknowledges and agrees that Ennismore may assign these Terms and all of the rights and obligations attached thereto to any third party without the prior written consent of the Customer. The Customer agrees that such assignment releases Ennismore for future deeds. The Customer may not assign the Terms, nor the rights and obligations attached thereto to third parties without the prior written consent of Ennismore.

• These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
• The choice of governing law shall not restrict you of any protections you are granted by law in the country you are from.

• After having appealed to Customer Service or the Establishment to try to resolve the dispute amicably, and in the event of a negative answer or the absence of an answer within sixty (60) days from the referral, the Customer can contact the Mediator for Tourism and Travel – BP 80303 – 75823 Paris Cedex 17 for the Ennismore group subsidiary and managed establishments and for the Ennismore franchised establishments that have decided to resort to the Mediator for Tourism and Travel.
  • The Mediator’s referral procedure and contact information are available by clicking the following link: https://all.accor.com/gb/support/reservations/you-stayed/faq/i-want-to-contact-a-mediator-after-a-dispute-during-my-stay-unsolved-amicably.shtml on the Reservation tab in the Help and Support section, or at the website www.mtv.travel.
  • The referral to the Mediator can be done within twelve (12) months after the first complaint.
  • The Mediator’s referral form is accessible at the following link: https://cloud7.eudonet.com/Specif/EUDO_03874/FormulaireDossierLitiges/home.aspx.
• In the event of dispute at an Establishment located in Portugal that could not have been settled by the Establishment concerned or by Customer Service, the Customer is invited to make a claim on the complaint platform provided for this purpose, available on the presentation page of the Establishment concerned. The platform is accessible at the following link: www.livroreclamacoes.pt.
• Ennismore also informs the Customer of the existence of a European Online Dispute Resolution (“ODR“) Platform to which the Customer may resort. The Customer may access it at the following link: http://ec.europa.eu/consumers/odr/.

In the event of an interruption of a Service by the Customer, the entire agreed-upon price will be charged. No refund will be granted in the event of a reservation with pre-payment prior to the stay.

14.1 Cancellation or modification of a service reservation

For Accommodation Services (the reservation of rooms at an Establishment or other types of accommodation), it is noted that the Customer does not have the right of withdrawal provided for in Article L. 221-18 of the French Consumer Code, in accordance with Article L. 221-28 paragraph 12 of the French Consumer Code, which excludes this right for contracts concerning the provision of accommodation services and/or a treatment to be provided at a specified date or period.

For each reservation of a Service, the Special Conditions specify the conditions to cancel and/or modify the reservation.

Reservations with prepayment will not be subject to any changes and/or cancellations. The deposit (money paid in advance) will not be reimbursed. This is noted in the Special Conditions.

When the Special Conditions allow, the modification of the reservation of a Service can be done directly with the Establishment, whose contact information, including telephone number, is specified on the reservation confirmation e-mail.

In the event of an interruption of a Service by the Customer, the entire agreed-upon price will be charged. No refund will be granted in the event of a reservation with pre-payment prior to the stay.

In the event of dispute at an Establishment located in Portugal that could not have been settled by the Establishment concerned or by Customer Service, the Customer is invited to make a claim on the complaint platform provided for this purpose, available on the presentation page of the Establishment concerned. The platform is accessible at the following link: www.livroreclamacoes.pt.

14.2 Miscellaneous

In accordance with article L.223-1 of the French Consumer Code, Customer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on a telephone prospecting opposition list. This list is accessible via the following site: www.bloctel.gouv.fr.

“Maison Delano Paris”: means the company Q Hotels and Restaurants France, a simplified joint-stock company under French law, registered under number 502860968, whose registered office is at 4 Place de la Concorde – 75008 Paris, with share capital of 2,509,900 Euros – intra-community VAT number FR19502860968.

Establishment Maison Delano Paris 4 Rue d’Anjou, 75008 Paris, France

Email: paris@maisondelano.com

Phone number: +33183968888