Terms & Conditions Meetings & Events
SECTION 1: APPLICATION OF THE GENERAL SALES TERMS AND CONDITIONS.
The present General Sales Terms and Conditions apply to services linked with the organization of events (particularly meetings, accommodations, and catering services) provided by Hotel Dame des Arts, hereafter stated as “Hotel”.
These General Sales Terms and Conditions (hereafter the “G.S.T.C.”) are sent to the event organizer (hereafter the “Client”) at the same time as the Group Sales Agreement (hereafter the “Contract”) to allow the Client to make his reservation.
Any reservation implies the Client’s full unreserved acceptance of this G.S.T.C notwithstanding those appearing in any other documents such as brochures, sales documents, oral communications, etc.
In the event of a discrepancy between the conditions appearing in the Contract signed by the Client and those appearing in the G.S.T.C., only the conditions of the Contract will be applicable.
SECTION 2: CONFIRMATION OF THE RESERVATION
The Client must confirm the reservation before the option date specified in the quotation and return a copy of the Contract and the General Sales Terms and Conditions to the Hotel, duly dated, with the client’s initials on each page, signed by the Client together with the handwritten mention “Read and Approved” and with its company stamp.
These documents must be accompanied by the payment of the deposit set forth in Article 9, which constitutes an essential and determining condition of the reservation. Failing that, the establishment(s) shall not confirm the reservation and shall not guarantee the availability of the premises/rooms reserved.
However, the Client will still be bounded by the obligations made herein, in particular regarding the payment terms and the cancellation conditions set out in Sections 9 and 5 hereof.
SECTION 3: CONDITIONS OF EVENT ORGANIZATION
1/ Accommodation
The Client must send the Hotel a rooming list (template of the hotel) by written (by mail or email), no less than 15 days before the participants’ scheduled date of arrival, listing the names of the participants and mentioning, if not known, the name of their direct supervisor.
The “rooming list” is not necessarily used as a base for the final billing. Any reduction in the number of participants mentioned on the rooming list is considered as a partial cancellation leading to the enforcement of Article 5 hereof.
Rooms booked are available as of 3.00 p.m. on the date of arrival. Rooms must be vacated no later than twelve o’clock noon on the date of departure. Any rooms vacated later than this time will be subject to the payment of an additional night at the public daily rate posted by the Hotel.
2/ Meal service
The Client must send in written (by mail or email) to the Hotel, three working days before the first day of the event (Saturdays, Sundays and public holidays excluded),
the exact number of guests to be provided for each meal. The reduction in the number of guests is considered as a partial cancellation of the reservation leading to the enforcement of Section 5 hereof.
The Client has to confirm by written (by mail or email) his choice (category: Menu, Buffet, Cocktail, etc.) no less than 8 working days before the first day of the event. Beyond 8 days, the Hotel reserves the right to impose this choice and the corresponding menus.
It is hereby stipulated that no reduction in price will be granted for any meals not taken and nothing can be taken away by the Client.
3/ Conference room availability
The Client shall inform the Hotel before the date of the event of any substantial changes in the numbers of persons participating in the event. In any event, should the number of participants be less than the number appearing in the Contract, the Hotel may, in the interests of effective management, provide the Client with a space other than the one initially allocated.
Such modification in the allocation of the space shall not lead to the payment of any indemnity. The decrease in the number of participants is considered as a partial cancellation of the booking leading to the enforcement of Section 5 hereof in particular if said reduction relates to the accommodation, dining services or rented premises. If the number of participants is higher than the number specified on the quote, the rental of the premises shall only be confirmed after receipt of the addendum of the contract signed.
Any changes to the contracted set-up (Furniture, allocated meeting room etc..) have to be requested at least 48 working hours prior to the start of the event or meeting. Fees will apply for any changes requested after this deadline, this also includes staffing costs.
4/ Related services
In all cases where related services, such as an orchestra, hostesses, security staff or any type of entertainment are provided directly by the Client without the Hotel’s involvement, these services shall be described in writing to the Hotel no less than 15 days before the first day of the event together with the official legal documents (working permit, company identification etc..)
When these services are provided by outside providers, the Client shall be required to inform the Hotel in writing no less than 15 days before the first day of the event. The Hotel shall not under any circumstance be held liable for the non-provision of the related service or for any damage in connection with the related services.
5/ Specific decoration and arrangements
The Client shall submit to the Hotel for its written approval, no less than 15 days before the first day of the event, any exceptional request not specified herein for any arrangement of the Hotel’s apartments, suites, rooms, salons and conference rooms.
Any installation made by the Client shall comply with the Hotel’s specifications and the safety regulations in force and shall be submitted to the Hotel’s safety commission for prior approval. Any plans for decorations or the installation of stands shall be submitted with five originals to the Hotel on penalty of the authorization to exhibit being refused.
No notice boards or supports requiring holes to be put in the walls, floors and ceilings shall be authorized and no adhesive products, glue, staples or drawing
pins resulting in damage to the premises may be used.
The Client commits that the decoration and arrangements used shall comply with the image of the premises and the Hotel’s brand standards.
6/ No-smoking areas
Public areas and bedrooms of the hotel are all « non-smoking ».
The Client undertakes to ensure that the participants and their guests comply with all hotel’s instructions and rules. (Respect the no-smoking rule in the entire hotel).
7/ Beverages / Banqueting
Alcoholic beverages shall be served exclusively by the Hotel’s staff.
The Hotel reserves the right to refuse to serve alcoholic beverages to people who are intoxicated or not authorized to consume alcoholic beverages.
If the Customer wishes to bring its own beverages, a corkage fee shall apply and shall be charged for each bottle.
It is specified that the Customer may not bring food for the event, in full or in part.
It is noted here that the hotel accepts no responsibility for the food brought by the client.
SECTION 4: MODIFICATION OF SERVICES
Any request by one of the parties for a modification compared to the accepted Contract must be sent by written (mail or email) to the other party. If the other party fails to accept the modification in writing in the 8 days following receipt of the request, the agreement shall be deemed to be still in force according to the terms and conditions determined in the Contract as accepted by the Client.
SECTION 5: CANCELLATION
As invoicing is established based on the services booked, the Client should pay particular attention to the cancellation terms that follow.
Cancellations of all or part of the initial booking must be sent by written to the Hotel (by mail or email).
Any change relating to the date of the event shall be considered as a total cancellation and consequently, the total cancellation terms mentioned below will apply.
1-Total cancellation:
Changing the date of the event is deemed to be a full cancellation giving rise to the application of the terms and conditions relating to cancellation. Failing to pay any of the contractual deposit constitutes a cancellation. In the event of non-compliance with the payment due dates, the hotel shall have the right to demand the Customer to immediately pay the outstanding balance for the event. Payment shall then be received by the hotel within eight days as of the date of the hotel’s written request. In the absence of payment within this time limit, the event shall be deemed to be cancelled by the Customer and can be asked to damage the hotel.
For any total cancellation of the agreement by the Client that is not justified by the Hotel’s failure to fulfil its obligations, a cancellation indemnity shall be charged calculated as follows:
In the event of notice of cancellation received more than 30 days before the first day of the event, the Hotel will retain the deposits paid as an indemnity and will ask any due deposit at cancellation time.
In the event of notice of cancellation received less than 30 days before the first day of the event, the Client shall be required to pay the balance outstanding for the service appearing on the Contract.
2- Partial cancellation:
The reduction in the number of participants or the reduction in the duration of the event shall be deemed to be a partial cancellation.
For any partial cancellation of the agreement by the Client that is not justified by the Hotel’s failure to fulfil its obligations, a cancellation indemnity shall be
charged calculated as follows:
In the event of notice of cancellation received more than 120 days before the first day of the event
10% of the number of rooms per night and/or the number of participants per day and/or total amount of room rental can be cancelled without penalty. For any other cancellation the Client shall be required to pay 40% of the total cancelled cost.
In the event of notice of cancellation received between 120 and 61 days before the first day of the event
10% of the number of rooms per night and/or number of participants per day and/or total amount of room rental can be cancelled without penalty. For any other cancellation the Client shall be required to pay 65% of the total cancelled cost.
In the event of notice of cancellation received between 60 and 31 days before the first day of the event
5% of the number of rooms per night and/or number of participants per day and/or total amount of room rental can be cancelled without penalty. For any other cancellation the Client shall be required to pay 80% of the total cancelled cost.
In the event of notice of cancellation received between 30 days and 8 days before the first day of the event, the Client shall be required to pay 90% of the total cancelled cost. For the catering services, the period for notifying the cancellation shall be between 30 days and 4 days before the first day of the event.
In the event of notice of cancellation received less than 8 days before the first day of the event, the Client shall be required to pay 100% of the total cancelled cost. For the catering services, the period for notifying the cancellation shall be less than 72 hours before the first day of the event.
In the event of no-show (cancellation without notice), the hotel will charge the customer a compensation equal to the whole amount all taxes included of the reserved services for the entire stay.
The Customer shall pay the amount defined in Article 9 of this document in case of no-show
3-Adjustment of the cancellation conditions:
The above terms and conditions relating to cancellation may be adjusted based on the hotel’s operating requirements and on the special or complex nature of the event. In this case, the hotel will send to the client the adjusted cancelation conditions prior to the signature of the agreement. The signature of the client implies the acceptance of those adjusted conditions.
SECTION 6: BOOK-OUT
In the event of unavailability of the Hotel, the Hotel reserves the right to accommodate some or all the participants at a nearby hotel of an equivalent category for services of the same kind. Any expenses in connection with such transfer shall be borne by the Hotel, which may not be pursued for the payment of any indemnity.
SECTION 7: RATES
Rates are contracted in euros. If a payment is made in foreign currency, the exchange rate used will be that in force in the Hotel on the day of payment.
Rates confirmed in the Contract are firm for 15 days as of the date on which the quote was sent to the Client. Beyond this period, rates may be modified, and a new quote will be drawn up by the Hotel.
Rates may be modified in the event of changes in the law and/or regulations that might affect prices, such as changes in the rate of applicable VAT, levying of new taxes, etc.
In any event, if the order (number of rooms and/or participants and/or meals and/or meeting rooms) is at least 20% less than the initial Contract, the Client might be given new rates as a result of the lesser number of services.
SECTION 8: EXTRA CHARGES FOR EXTENDED HOURS
The rental hours for meeting areas are as follows:
9.00 a.m.-6.00 p.m. or 7.00 p.m.-11.00 a.m. beyond these hours, additional rental charges shall be applied on the basis of current rates.
The Client will be invoiced on the basis of current rates, which the Clients acknowledges it knows, for the overtime hours of the staff, i.e. after 2.30 p.m. for lunch/cocktails, and after 11.00 pm for dinner/cocktails.
SECTION 9: TERMS AND CONDITIONS OF PAYMENT
1-Deposit
Payment terms are broken down as follows:
An order reserved more than one year before the date of the event shall result in the payment of:
-a first deposit amounting to 10% of the total cost of the event, payable on the day of reservation,
-a second deposit of 15% of the same total, payable 365 days before the start of the event,
-a third deposit of 25% of the same total, payable 180 days before the start of the event,
-a fourth deposit of 25% of the same total, payable 120 days before the start of the event,
-and a fifth and last deposit of 25% of the same total, payable 60 days before the start of the event.
An order reserved less than one year before the date of the event shall result in the payment of:
-a first deposit of 25% of the total cost of the event, payable on the day of reservation,
-a second deposit of 50% of the same total, payable 120 days before the start of the event,
-and a third deposit of 25% of the same total, payable 60 days before the start of the event
An order reserved less than 30 days before the date of the event shall result in the payment of 100% of the amount, all taxes included, of the reserved services, payable on the day of reservation.
2-Settlement of the Event
The final payment of the invoice will be due at the end of the event and/or upon receipt of the invoice.
To open an account for direct billing, the page “Request to open an Account” must be returned to us for review and decision by our Financial Department.
Upon written approval from the Financial Department of the Hotel, the Invoice's full amount shall be paid within 30 days after receipt of invoice.
Invoices for each of these deposits will be drawn up and sent to the Client. The amount of these deposits will be deducted from the final invoice (balance), subject to the application of any cancellation indemnities.
Unless otherwise provided in the agreement, the invoices for the balance will be drawn up by the Hotel and must be paid on the payment date indicated on the invoices.
3-Term of payment
The amount of these deposits shall be deducted from the final invoice (outstanding balance) subject to the possible charging of cancellation fees.
Unless otherwise provided on the quote, invoices relating to the outstanding balance shall be drawn up by each hotel and shall be paid at the latest within 5 days of the invoice date. No extension of the payment time will be given.
Any extension of the payment time limit is subject to the respect of the credit terms and limits as defined by the hotel.
4-Methods of payment
Paying deposits and invoices can only be done by bank transfer or, failing this, by bank cheques issued by a banking institution located in the same country the event is taking place, by cash (within legal
limit) or credit card.
Bank fees linked with invoices’ payment are payable by the Customer.
In the event of disagreement with respect to part of the invoice, the Client shall pay the uncontested portion of the invoice without delay and stipulate in writing to the Hotel the reasons for the disagreement.
5-Individual payment
Payment for breakfast taken individually outside the areas organized for the group, extra services (laundry, minibar, telephone, etc.) and any other services requested individually by one or more participants shall be made at the reception desk of the Hotel by the participants themselves before their departure. Should any participant(s) who requested any service(s) in addition to those included in the Contract (additional services, meals, etc.) fail to make payment for such services, the invoice shall be sent to the Client, for payment within 5 days after receipt of invoice.
In the event of individual payments, i.e. payments made by each one of the participants for their individual charges, the deposit remitted at the time of booking will be refunded to the Client within 30 days following receipt by the Hotel of the full payment of amounts due for services provided for the event.
6-Late payment
“For any late payment, penalties for delay shall automatically be charged without prior formal notice, equal to three times the legal interest rate in force, along with a lump sum indemnity for collection costs of EUR 40 (not subject to VAT) for each invoice unpaid on its due date (Article D.442-5 of the Commercial Code). When the collection costs incurred exceed the amount of the lump sum indemnity, the Hotel may ask for an additional indemnification upon presentation of the appropriate documentation”.
Any amount which remains unpaid shall be deducted from the deposit and the balance remaining refunded to the Client.
7-Middleman commission
If the event is organized with help of a middleman, the commission will only be calculated on the sums corresponding to the amount of the consumed services and duly collected by the hotels and will be invoiced by the middleman. Collecting the total amount of the event is the precondition for paying the commission
8-Bank Reference
Bank Account: 30004 – Agency Code : 00828 - Key RIB : 76 - IBAN : FR76 3000 4008 2800 0130 9010 976 - BIC / SWIFT : BNPAFRPPXXX
The Client must provide the Hotel with its Intra Community VAT number (company or agency of the European Community only) in order for it to figure on the final invoice.
SECTION 10: PRIOR FORMALITIES
The Client shall be personally responsible for carrying out all necessary prior formalities and the related costs.
The Client commits to obtaining all declarations relating to its activities and/or necessary actions to organize the event and in due course all authorizations in connection with its activities and/or necessary to organize the event to be held in the Hotel.
The Hotel may not be held liable under any circumstance for the Client’s failure to comply with these prior formalities.
The failure to obtain these prior formalities shall result in the enforcement of the cancellation terms in Section 5.
SECTION 11: LIABILITY
The Client undertakes to comply with all the safety standards in force.
The Client shall be solely liable for any damage caused in connection with its activities and/or the event it organizes in the Hotel.
The Client shall be solely liable for the damage caused by it, its agents, the participants and/or their guests and the partners the client is working with.
SECTION 12: INSURANCE – DETERIORATION – BREAKAGE – THEFT – STORAGE
The Hotel may not under any circumstance be held liable for damage of any kind whatsoever, particularly in a case of fire or theft, likely to be sustained by objects or equipment belonging to the Client or the participants during the event being held under this booking. The Client expressly guarantees the Hotel against any sanction in this regard (cf. Section 24 of the G.S.T.).
The Client shall personally ensure the safekeeping of their property and equipment brought on the premises by the Client or by participants, specifically those left in cloakrooms, except for cloakrooms located outside of the rented premises and given in safekeeping to the staff of the Hotel. The Client shall be personally responsible for taking out any insurance (damage, injury, liability) which it may deem necessary. It is specifically recommended that the Client should take out specific insurance covering its major equipment or valuables inasmuch as the Hotel may not be held liable in the event of deterioration or theft of such property.
The Client shall be liable for any damages caused indirectly by the Client (specifically by the participants or their guests), and undertakes, in the event of any damage sustained by the premises used, to cover the cost of restoring such premises to their original condition.
SECTION 13: INTELLECTUAL AND INDUSTRIAL PROPERTY
The Client shall verify that all the forms, designs, logos, names, trade names, trademarks used in the course of or in connection with its activities during the event shall be rights-free, particularly intellectual and industrial property rights. The Hotel shall not be liable in any circumstances for any default, negligence or fault of the Client in this regard.
The Client shall be personally responsible for making all declarations and paying all duties, particularly to the SACEM, for the broadcasting of musical works, and more generally for any entertainment featured on the premises (orchestra, shows, records, etc.).
The Client shall submit proof to the Hotel prior to the event that it has made such declaration to SACEM.
The Client shall not be authorized to use any trademark showing membership of the Marriott group, without prior authorization from Marriott.
SECTION 14: PHOTOGRAPHIC / CINEMA REPORT
The Client must give prior notice to the Hotel of any photographic or cinema report on the premises of the Hotel and of the possible presence of a photographer and/or cinema director, and shall be personally liable for obtaining any authorizations which may be required in this regard and the Hotel’s prior written consent.
Otherwise, the Hotel will have the right to deny access to the photographer or the cameraman.
SECTION 15: ITINERANT / WAREHOUSE SALES
The Client shall check that the participants in any itinerant / warehouse sale organized by it in the Hotel hold the required documents to carry out this activity.
The customer must supply to the hotel a copy of the preliminary declaration for retail sales that must be sent to the mayor of the city where the hotel is located. Fifteen (15) days at the latest before the beginning of the sale, the customer must supply to the hotel a copy of the acknowledgement of receipt or of the deposit slip when the premises are rented for a retail sale, or as soon as an order for goods is made, even if no publicity was made for this event.
Under no circumstances may the duration of the rental exceed the duration stipulated in the administrative authorization, and no sales may exceed 2 months per calendar year in the same establishment. The non-procurement of the written administrative authorization shall entail enforcement of the cancellation terms provided for under Section 5 herein.
The client agrees to return the occupied spaces and meeting facilities in its original state and at its own expense.
SECTION 16: RECRUITMENT
The French Employment Code (Sections 312 and subsequent) prohibits the Hotel from acting, either directly or indirectly, as an employment agency.
In pursuance of the law, the Client shall:
-provide the Hotel with proof that the Client has complied with the regulations set down by the local labour authorities;
-Clearly state its company name on its employment offer advertising materials, whenever interviewing or selection of applicants is to be conducted in the Hotel.
The Client hereby undertakes to provide a written statement to the Hotel, at the same time as the accepted Contract and deposit that the Client has complied with these two conditions.
Under no circumstances shall the staff of the Hotel participate in recruitment operations, in particular by distributing questionnaires to applicants at the reception desk.
SECTION 17: EVENT FORMALITIES
The Client shall return the rented area to its original condition at its own expense.
Any disassembly shall be carried out within three hours of the end of the event and the Hotel’s prior written consent.
Storage before the event
1/ Documentation or brochures up to 1m3
Can be received before the event and for a maximum of 48 hours (working day), the Hotel may keep the goods. Thereafter, storage fees of EUR 400 with taxes shall be charged to the Client per day of storage.
2/ Small equipment (valuable) < 1m3
Before the event and for a maximum of 48 hours (working day) before the first day of the event, the Hotel may keep the equipment without cost. Thereafter, storage fees of EUR 400 with taxes shall be charged to the Client per day of storage.
3/ Major equipment (valuable) > 1m3
The Hotel may keep the equipment before the first day of the event. Storage fees of minimum EUR 400 with taxes shall be charged to the Client per day of storage as soon as the major equipment has been received by the hotel. A meeting room rental may be required if the hotel has no storage space and an additional charge would apply. Any additional charges will be communicated and agreed by the client prior to arrival of the equipment.
Storage after the event
1/ Documentation or brochures up to1m3
After the end of the event and for a maximum of 24 hours (working day), the Hotel may keep the goods. Thereafter, they shall be destroyed and the charges will be invoice to the client.
2/ Small equipment (valuable) < 1m3
After the end of the event and for a maximum of 24 hours (working day), the Hotel may keep the equipment without cost. Thereafter, storage fees of EUR 400 with taxes shall be charged to the Client per day of storage.
3/ Major equipment (valuable) > 1m3
The Hotel may keep the equipment after the end of the event. Storage fees of minimum EUR 400 shall be charged to the Client per day of storage as soon as the event has ended.
A meeting room rental may be required if the hotel has no storage space and an additional charge would apply. Any additional charges will be communicated and agreed by the client prior to arrival of the equipment.
SECTION 18: FORCE MAJEURE
The management of Hotel Dame des Arts reserve the right to cancel the present
contract if events of force majeure oblige them to do so, a full refund of the amounts paid will be immediately executed (non-exhaustive list):
1. Closure of the hotel due to fire,
2. Total or partial closure for renovation work. The hotel will notify the client who signed the contract at least 60 days before the dates of the stays and/or events.
3. The hotel's reputation may be jeopardized by the reservation, or the reservation may cause inconvenience to other hotel guests.
4. The person or entity making the booking is declared bankrupt or becomes insolvent. Once the reservation amount has been refunded, the hotel has no further obligation regarding the event.
Force majeure is any event external to the parties that is both unforeseeable and insurmountable and prevents either the Client or the Hotel from fulfilling all or part of the obligations under the contract. This shall apply in particular in the event of war, natural disaster, unannounced strikes, fire, flooding, government decision, political event, etc. Any breach or cancellation of this contract due to force majeure is not binding on the parties and depending on the circumstances, the event will be rescheduled as soon as possible.
SECTION 19: INDEMNIFICATION
The Client shall be bound, to the extent not covered by the Hotel’s insurance policy, to hold harmless and indemnify the Hotel and all its representatives, agents, employees, from and against any and all demands, claims, damages to persons or property, all sanctions,
SECTION 20: RECOMMENDATIONS
The Client shall ensure that the activities carried on in the Hotel are compatible with the intended purpose of the premises, are not contrary to accepted standards of behavior and do not risk causing any breach of the peace.
The Client shall ensure that the participants do not disturb the normal operations of the Hotel or jeopardize the safety and security of the Hotel and the persons therein.
The Client is not allowed to bring into the Hotel any beverages or food without obtaining an authorization from the Hotel.
SECTION 21: GOVERNING LAW AND JURISDICTION
This agreement is governed by French law. Any dispute in connection with this agreement and the G.S.T.C, in the absence of an amicable settlement, shall be submitted to the exclusive jurisdiction of the French courts and, more specifically, in the event that this sale is concluded between businesses, of the Paris Commercial Court.
