The legal notices

LEGAL NOTICES

Publishing company :

URL : www.hotelmaisonmontmartre.com
Company : QH PARIS PORTE MONTMARTRE
Legal form : SAS
Registered office : 22 rue Maurice Grimaud à l'angle du 32 avenue de la Porte de Montmartre, 75018 Paris
SIRET : 813 785 078 00029
Share capital: 1.600.000€.
RCS : RCS de Paris 813 785 078
Intracommunity VAT : FR76 813 785 078
APE Code : Hotels and similar accommodation (5510Z)
Phone : +33 1 83 75 51 51
Email : h7565@theoriginalshotels.com
Director of the publication, legal representative : M David DONGAIS

Webmaster/Creation Website : MMCréation

URL : www.mmcreation.com
Company : MMCréation
Legal form : Limited liability company (SARL)
HEAD OFFICE : 32 avenue de Wagram - 75008 Paris
SIRET : 339 237 992 00047
SHARE CAPITAL : 38 112,00€ (€)
RCS : 339 237 992 R.C.S. PARIS
Intracommunity VAT : FR 76 339 237 992
APE code : 6312Z
Email : info@mmcreation.com

Hosting and Publication: OVH

URL : www.ovh.com
Company: OVH
Legal form: Société par actions simplifiés (SAS)
HEAD OFFICE: 2 rue Kellermann - 59100 Roubaix - France
SIRET : 424 761 419 00045
SHARE CAPITAL: €10,069,020
RCS : Lille Métropole 424 761 419
Intracommunity VAT : FR 22 424 761 419
APE code : 6311Z
Tel : +33 9 72 10 10 07
Email : cil@ovh.net

Definitions

GCU : means the present General Terms and Conditions of Use of the Internet Site www.hotelmaisonmontmartre.com.
Customer: any professional or natural person capable of the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site subject of the present general conditions.

Content: All the elements constituting the information present on the Site, in particular texts - images - videos.

User Account: refers to the space reserved for the storage of User data.

Personal Data: refers to all information relating to an identified or identifiable individual.

Hotelier : designates the hotel and/or restaurant professionals referenced by the Editor and offering their services on the Site.

Parties : means, jointly, a User and the Editor, within the framework of an online reservation.

Data Subject : means the natural person concerned by a Processing of Personal Data

Service: refers to the non-residential accommodation, catering and other related services provided by Hotel Owners and which can be booked via the Site.

Service: refers to the set of tools set up by the Editor, allowing the User to book services with the establishments listed by the Editor.

Processing of Personal Data : means any operation or set of operations concerning such data, whatever the process used, and in particular the collection, recording, organization, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of provision, reconciliation or interconnection, as well as the blocking, erasure or destruction. The processing is said to be "automated" when the processing carried out results in the computerized constitution of files or databases, whatever the means or computer support, as well as any procedure of consultation, remote transmission of personal information, whatever the means of telecommunication used.

User: designates the natural or legal person, individual or professional, who makes an online reservation.

Visitors: refers to the natural or legal persons, individuals or professionals who, for whatever reason, consult one or more pages of the Site without benefiting from the Services.

 

1. Privacy policy - protection of personal data

Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the website https://hotelmaisonmontmartre.com/ the identity of various stakeholders in its implementation and monitoring:

Responsible for publication: Guilpain - - dguilpain@axioncom.fr
The person in charge of publication is a physical person or a legal entity.
Webmaster: Société MM Création - 32 Avenue de Wagram 75008 Paris - - +33(0)1 45 74 76 00
Host: ovh-2 rue Kellermann 59100 Roubaix 1007
Data protection delegate : Dongais - david.dongais@actimum-consulting.com

 

The Publisher endeavors to use appropriate administrative, technical and organizational means to protect Personal Data. To this end it complies with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as with the provisions still in force of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms.

As the purposes and means of processing are defined jointly by the Publisher in the context of booking Services on the Site and by the Hotel Owner in the context of invoicing, payment and execution of the Services, they are considered to be jointly responsible for processing.

The User is required to check the specific box provided for this purpose, in order to consent to the collection and processing of his/her personal data. Otherwise, access to the service will be denied.

If the User has reason to believe that his interactions on the Site are no longer secure, he should contact the Publisher using the contact details in the "Contact" section.

 

1.1. COLLECTION OF PERSONAL DATA

The Editor collects personal data relating to the Users of the Site, strictly necessary for the provision of the Services, namely:
Identification data: title, last name, first name, postal address (with postal code, city, country), email, telephone number, billing address, and, if applicable, age of children.

Usage history data: Loyalty Program membership, milestone dates, previous stays or interactions as a User, products and/or services used, requests for services and/or special arrangements:

Membership or Loyalty Program data; Milestone dates; Previous stays or interactions as a customer, products and services purchased, requests for services and special arrangements; Customer preferences and personalized data; Social network account identifiers, profile picture and other data already public, or information made available by linking to social network and loyalty accounts.

The collection of personal data is carried out:
- By means of online questionnaires that the User fills in as part of the various requests for information made to him (Reservation, Questionnaires, Customer Account Preferences, etc.) ;
- By means of the integration of data from the User's account(s) on Social Networks. To be implemented, this data integration must be expressly authorized by the User by validating the proposal made in this sense;

 

Use of cookies:
In addition to the collection of personal data defined above, data may also be collected during navigation on the Site via a cookie installed in the User's and/or Visitor's computer.
The cookie is a block of data that does not allow the User/Visitor to be identified but which is used to record information relating to his/her navigation on the Site (pages consulted, date and time of consultation, etc.). This information can be read by the Site during subsequent connections.
The User and/or the Visitor has the option of accepting or opposing the recording of "cookies" by checking the box provided for this purpose. The consent given is valid for 13 months.
The Editor undertakes never to communicate the contents of these "cookies" to third parties, except in the event of legal requisition.

 

1.2. PURPOSE OF THE COLLECTION AND PROCESSING OF PERSONAL DATA

Personal data are collected and processed by the Publisher in order to
- Allow the User to book Services,
- Facilitate the execution by the Hotel Owner of the Services booked by the User,
- Optimize the management of the User's satisfaction questions:
- Transmission and collection of pre and post stay questionnaires,
- Access to contact forms,
- To adapt the offer to the User's preferences:
- Account creation,
- Request for quotation and other contact points of the customer journey,
- Customer service,
- Facilitate the management of the loyalty program and Guest Management System (customer knowledge management tool)
- Ensure that the content of the site is presented in the most efficient way (display, navigation, etc);
- To allow the User to participate interactively in the services of the Site, subject to his express and prior agreement;
- To inform the User of any change in the Site's offer;
- To organize marketing operations, subject to the User's express and prior agreement.

 

1.3. STORAGE OF PERSONAL DATA

The personal data collected are stored in a secure database on the Publisher's and/or Subcontractor's servers.
The Users' personal data is kept :

• When a Service has been booked, for a period of five years, corresponding to the limitation period of common law in contractual matters (Article 2224 of the Civil Code);
• When no Service has been reserved, for a period of three years, for commercial solicitations;
• Credit card details are not recorded or kept in the Site's databases.

 

1.4. TRANSFER OF PERSONAL DATA

In order to achieve the purposes referred to in paragraph "b" of this article, the personal data collected may be transferred to third parties, including

• Hoteliers, for the provision of the Service,
• the banking platform, for the realization of the online prints,
• online hotel reservation platforms, including TravelClick,
• commercial partners (travel agencies, all operators, etc.)

The User is informed that in the context of the transfer of data necessary for the provision of the Service, Personal Data may be communicated to persons located outside the European Union (hereinafter "EU") and/or the European Economic Area (hereinafter "EEA").
The validation of the present TOS implies the User's express authorization for the transfer of his data outside the EU and the EEA, for the sole purpose of providing the Service. In this case, the Publisher will ensure that the transfer of the User's personal data is carried out within the framework of a data transfer agreement established on the basis of the standard contractual clauses adopted by the European Commission or by a control authority with the approval of the European Commission.

 

1.3. STORAGE OF PERSONAL DATA

The personal data collected are stored in a secure database on the servers of the Publisher and/or the Subcontractor.

Users' personal data is retained:

• When a Service has been reserved, for a period of five years, corresponding to the common law limitation period in contractual matters (article 2224 of the Civil Code);
• When no Service has been reserved, for a period of three years, for commercial solicitation purposes;
• Credit card data is not recorded or stored in the Site's databases.

 

1.4. TRANSFER OF PERSONAL DATA

In order to achieve the objectives referred to in paragraph "b" of this article, the personal data collected may be transferred to third parties, in particular

• Hoteliers, for the provision of the Service,
• The banking platform, for producing online printing,
• Online hotel booking platforms, including TravelClick,
• Commercial partners (travel agencies, all operators, etc.).

The User is informed that as part of the transfer of data necessary for the provision of the Service, Personal Data may be communicated to persons located outside the European Union (hereinafter "EU") and/or the European Economic Area (hereinafter “EEA”).

Validation of these T&Cs implies the express authorization of the User for the transfer of their data outside the EU and the EEA, for the sole purpose of providing the Service. In this case, the Publisher will ensure that the transfer of the User's personal data is carried out within the framework of a data transfer contract established on the basis of standard contractual clauses adopted by the European Commission or by a supervisory authority having received approval from the European Commission.

 

2. Terms of use

2.1 - Purpose : The purpose of these Terms and Conditions is to define the terms and conditions for the provision of the Service by the Publisher to Users. They do not apply to the execution of the Services for which only the Hoteliers are responsible.

2.2 - Validity : Any use of the Service implies the User's full and unreserved acceptance of the GCU.
The Publisher reserves the right to adapt or modify the GCU at any time. For each order, the applicable TOS are those in force on the day of the validation of the order by the User.

Any contrary or different provision invoked by the User, in the absence of express and written acceptance of the Editor, will be inopposable to the latter, whatever the moment when it could have been brought to its knowledge. The fact that the Editor does not take advantage at a given time of any of the provisions of the TOS cannot be interpreted as a waiver to take advantage of it later. In the event that a clause of this Agreement is or becomes null and void or voidable, this shall not affect the validity of the other clauses, and the disputed clause shall be deemed unwritten.

2.3 - Access to the Service: Access to the Service is reserved for persons with full legal capacity and is subject to acceptance of these TOU.
The User is required to check the specific box provided for this purpose, in order to accept the application of the GCU. Otherwise, access to the Service will be denied.

 

3. Online booking procedures

3.1 - Posting of Services: The Hotel Owners are solely responsible for the information provided about the Services on the Site: photos, descriptions, etc.
Any complaint may be addressed to the Site's Customer Service Department, which will contact the Hotel Owner concerned.

3.2 - Prices: Prices are set by each Hotelier for its own Services. They are indicated in Euros "including VAT". In certain cases, prices may be displayed in the local currency of the place where the Service is to be performed and the price paid.

The Hotel Owner has the right to modify its prices at any time. The price applicable to a reservation is the one displayed in the reservation validation.
The price displayed will be increased by a tourist tax payable directly to the Hotel, the amount of which will be stipulated on the reservation confirmation.

3.3 - Reservation: The User selects the Service(s) offered on the Site by clicking on the button provided for this purpose. The whole selection is displayed in the "Total Price" tab.

At any time, before the validation of the reservation, the User can cancel or modify the selected Services, visualize the details, the characteristics, the quantities, the amount to pay, etc.

A summary of the reservation is presented to the User before proceeding with the validation.

3.4 - Payment
The total amount of the reservation must be paid directly to the hotel.
However, the User will be asked to provide his or her credit card identification details in order to guarantee the reservation.

In the case of special pre-payment offers and hotels requiring a deposit or advance payment at the time of booking, no deduction is made by the Publisher. Any payment, regardless of its nature, is made between the Hotel Owner and the User, outside the Website, and has no impact on the confirmation of the reservation.

The User shall be informed by the Hotel Owner of the amount and conditions of payment of the deposit or advance and must be expressly accepted by the User. These exchanges must be made exclusively in writing and communicated by the Hotel Owner to the Publisher.

 

3.5 - Confirmation of the reservation: An e-mail confirming the reservation, which implies a commitment by the Hotel Owner, is sent by the Site to the User after the availability has been checked automatically and immediately. If the User does not receive this e-mail, he/she must contact the Publisher's Customer Service.

In the case of special pre-payment offers and hotels requiring a deposit or advance payment at the time of reservation, the reservation confirmation becomes firm and definitive only after receipt of said payment by the Hotelier.

The confirmation of the reservation will be archived by the Site and considered as proof of the nature of the agreement and its date.

3.6 - Performance of Services: The Services are performed by the Hotel Owner in accordance with the reservation confirmation. The User is advised to go to the chosen hotel with a copy of the reservation confirmation.

3.7 - Cancellation - Right of withdrawal: In accordance with the provisions of 12° of Article L.221-28 of the French Consumer Code, purchases of accommodation services, other than residential accommodation, catering or leisure activities provided on a specific date or according to a specific schedule, do not benefit from the right of withdrawal.

The cancellation policy is specific to each Hotelier. Users wishing to cancel their reservations must contact the Hotel Owner directly using the contact information provided in the reservation confirmation.

4. Responsibility

Of the Editor - The Editor undertakes to provide the Services with diligence and according to the rules of the art, it being specified́ that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

The Publisher provides Users with tools and technical means enabling them to book the Services. Its responsibilitý is limited to the provision of these means, as described herein.

The Publisher undertakes to carry out regular checks in order to verify the functioning and accessibilitý of the Site. In this respect, he reserves the facultý to interrupt momentarily the access to the Site for maintenance reasons.

The Publisher cannot be held responsible for difficulties or momentary impossibilities of access to the Site which would have for origin circumstances which are external to it, force majeure, or which would be due to disturbances of the telecommunication networks.

The Editor reserves the right to insert on any page of the Site and any communication to the Users any advertising or promotional messages in a form and under conditions of which the Editor will be the sole judge.

The Editor can in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would access through the Site.

The Editor is not responsible for the contents, advertisements, products and/or services available on such third party websites and mobile applications which are governed by their own terms of use.

The Editor is not responsible for transactions between the User and any advertiser (including its partners) to which the User is directed through the Site and shall not be party to any dispute with these third parties concerning the delivery of products and/or services, guarantees, declarations and other obligations of any kind to which these third parties are bound.

From the Hotel Owner - The Hotel Owners are solely responsible, with respect to the Users, for all the guarantees due under the Services, by the service providers, under the conditions of common law.

The User - The User undertakes to provide accurate information and to keep it up to date with any changes affecting it.

The User undertakes to use the Site, the Services and the Services strictly in accordance with the law. He takes this commitment both for himself and for the persons in whose name he could act.

The User must take the necessary measures to save by his own means the information of his User Account that he considers necessary. The copies that he would like to obtain can be obtained as stated in article 2 a and b.

It is strictly prohibited to use the Services for the following purposes

• the exercise of illegal or fraudulent activities or activities that infringe on the rights or safety of third parties,
• undermining public order or violating applicable laws and regulations,
• intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
• sending unsolicited emails and/or commercial solicitations,
• manipulations intended to improve the referencing of a third site,
• the use of the Site to disseminate information or links redirecting to a third party site,
• assistance or incitement, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
• and more generally any practice that diverts the Services to purposes other than those for which they were designed.

It is strictly forbidden for Users to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Site.

The following are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Publisher's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any infringement of security and authentication measures, (vi) any act that may damage the financial, commercial or moral rights and interests of the Editor, the Hotelkeepers and/or other Users, and more generally (vii) any breach of these terms and conditions.

It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Site, as well as to the information hosted and/or shared there.

In case of breach of any of the provisions of these TOU or more generally, of violation of laws and regulations in force by a User, the Editor reserves the right to take any appropriate action and in particular to:
1. suspend the access to the Site and to the Services of the User, author of the breach or the infringement, or having participated in it,
2. delete his User Account,
3. to publish on the Site any information message that the Editor will consider useful,
4. to warn any concerned authority,
5. take any legal action.

BLOCTEL DEVICE:
To no longer receive unsolicited commercial telephone calls, you can register on the Bloctel list: https://www.bloctel.gouv.fr/

5. Intellectual property of the publisher

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by the Editor within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies and more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorization of the Editor, and, if necessary, of the Artists, are strictly prohibited and may be subject to legal proceedings.

6. Settlement of disputes

6.1 - Language : The Editor reserves the right to translate the Site and its contents into any language of his choice. However, only the French language will be used in the event of a dispute.

6.2 - Applicable law : The present GTU as well as the Services provided are subject to French law.

6.3 - Invalidity: If one or more stipulations of the GCU are held to be invalid or declared null and void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

6.4 - Non-waiver : The fact that the Editor does not take advantage of a breach by the User of any of the obligations arising from these GTUs cannot be interpreted for the future as a waiver of the obligation in question.

6.5 - Mediation: Users not acting for professional purposes have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute concerning the execution of these GTUs that may arise between them and the Publisher and/or the Hotel Owner, in accordance with the conditions set forth in Articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.

After having contacted the customer service department and in the absence of a satisfactory response within 1 month, the customer may refer the matter to the Tourism and Travel Mediator, whose contact details are given below:
Postal address: Tourism and Travel Mediation
BP 80 303 75 823
Paris Cedex 17
Website: www.mtv.travel

6.6 - Competent jurisdiction: In the event that an amicable solution, including mediation, could not be found, any dispute concerning the validity, interpretation and/or execution of the present contract, the competent jurisdiction will be designated in accordance with common law.