General Terms and Conditions of Sale
Direct Individual Sales
Version 1.0 | March 2025
Definitions
For the purposes of these terms, the following terms shall have the following meanings:
T&Cs: these General Terms and Conditions of Sale applicable to the Client and to the Hotels of the ELEMA Group.
Client: any natural or legal person making a reservation for themselves or on behalf of another person, staying in an ELEMA Hotel as part of a professional or personal activity.
Hotel: any hotel establishment operated under the ELEMA Hotels brand.
Reservation Confirmation: summary document sent to the Client by email after their reservation is validated.
Stay: all products and services provided by the Hotel to the Client.
Additional services: any service not included in the room rate (breakfast, parking, pet fee, etc.).
Personal Data: personal data.
Flexible rate: rate allowing free cancellation up to D-1 before 6:00 PM.
Non-refundable rate: prepaid rate that does not allow any cancellation, modification, or refund.
Article 1 — Scope
These T&Cs apply to all individual reservations equal to or less than 7 rooms, made at once, directly on the elema-hotels.com website or with ELEMA Hotels, excluding reservations made by a travel professional or intermediary (OTA).
Beyond 7 rooms, the reservation is considered a group reservation and may be subject to special conditions. The Client is invited to contact the concerned hotel directly.
These T&Cs prevail over any other general conditions not expressly agreed to by the Hotel. The version applicable is the one in effect at the time of the reservation.
These conditions are subject to change at any time. Changes do not apply to already confirmed bookings.
Article 2 — Capacity
The Client declares having the legal capacity to commit to these terms, meaning being of legal age and not under guardianship or curatorship.
The Client agrees to make their reservation for personal or professional needs, limited to a maximum of seven (7) rooms per individual reservation.
The Client certifies the accuracy of the information provided when making the reservation. The Hotel reserves the right to cancel or refuse any reservation from a Client with whom there is a dispute regarding payment of a previous reservation.
Article 3 — Reservation Terms
Any reservation made on the elema-hotels.com website or directly with the Hotel constitutes the formation of a contract between the Client and the Hotel.
For online reservations, the Client follows this process:
Selection of the Hotel, package type, dates, and rate;
Selection of optional additional services;
Entering Client's details;
Review and validation of the reservation summary, total amount, and rate conditions;
Acceptance of these T&Cs prior to validation;
Guarantee of the reservation by entering bank card details;
Receiving Reservation Confirmation by email.
The Client has the ability to review their reservation details and correct any errors before confirming acceptance (art. 1127-2 of the Civil Code). Validation of the reservation implies full acceptance of these T&Cs.
The photographs and visuals on the elema-hotels.com site reflect an accurate image of the services offered, without constituting a contractual commitment in terms of perfect similarity with the actual premises.
Article 4 — Rates
Rates are indicated in euros (€) including all taxes (TTC), per room, for the selected number of people and period. They do not include additional services unless expressly stated otherwise.
The tourist tax is not included in the displayed price. It is collected directly by the Hotel during the stay, in accordance with the deliberations of the relevant local authorities. Its amount varies according to the establishment, room category, and applicable local regulations.
Rates take into account the VAT applicable on the reservation day. Any change in applicable rate will automatically be applied to prices on the billing date. The same applies to any modification or introduction of new legal or regulatory taxes.
Rates displayed on the site may change. Only the amount mentioned in the Reservation Confirmation is contractual.
ELEMA Hotels guarantees the best available rate for bookings made directly on elema-hotels.com compared to rates available on third-party platforms at the time of booking.
Certain promotional rates are offered in exchange for restrictive conditions (full prepayment, non-cancellable, non-refundable). These conditions are clearly stated before booking confirmation.
Article 5 — Payment
Payment for services is made either online at the time of booking (prepaid rates) or directly at the Hotel during the stay (flexible rates).
Online payments are secured by our provider Adyen (PCI DSS Level 1 certified). Bank data is exchanged in encrypted mode via the SSL/TLS protocol. The Hotel does not store raw bank card data at any time.
The booking is only effective if the Client guarantees it by providing valid banking details until the end date of the stay. The Hotel reserves the right to refuse any reservation with incorrect or incomplete banking details.
For flexible rates, a debit authorization is performed as information during booking, without actual account debit. For non-refundable rates, the entire amount is debited at the time of booking.
The Client may be asked to present the bank card used for booking, as well as an identity document, upon arrival at the Hotel, as part of fraud prevention procedures.
Article 6 — Modification, Cancellation, Interruption, and No-show
A. Procedure
Any request for modification or cancellation must be sent directly to the concerned Hotel, by phone, email, or via the link provided in the Reservation Confirmation email. The modification or cancellation is only effective after receipt of written confirmation from the Hotel.
B. Flexible rate — Free cancellation
For flexible rate bookings, any cancellation or modification made before 6:00 PM the day before the scheduled arrival date is free and will result in a full refund if prepayment was made.
Any cancellation received after 6:00 PM the day before the arrival date will result in the billing of one (1) night as a flat-rate indemnity.
The terms of sale of additional services (pet fee, early arrival, kits, etc.) are identical to those of the room rate.
C. Non-refundable rate
Non-refundable rates require full prepayment at the time of booking. No refund will be made for any reason for cancellation, including in cases of force majeure, unless otherwise compulsory by law.
D. No-show
In case of the client's no-show at the hotel on the scheduled date, without prior cancellation of a booking guaranteed by credit card, the hotel will charge a flat-rate indemnity.
This charge varies depending on the reserved rate: for a non-refundable rate, the total amount of the stay will be billed, for a flexible rate, only the first night will be billed. Subsequent nights will be automatically canceled without charge, unless otherwise specified in the sales terms of the reserved rate. The tourist tax is not included in the amounts billed for no-show.
E. Interruption of stay
Any interruption of stay must be reported to the reception before 11:00 AM on the desired interruption day. The amount of unused nights may be refunded only for flexible rate bookings, according to availability and the terms of the originally reserved rate. Any stay started at a non-refundable rate is fully owed.
F. Extension of stay
Any request for extension must be made at the reception before 11:00 AM on the scheduled departure day, subject to availability. The applicable rate will be that in effect on the request date.
G. Reservations through intermediaries (OTA)
For reservations made through third-party platforms (Booking.com, Expedia, etc.), the applicable cancellation conditions are those of the concerned partner, which may differ from these T&Cs. The Client is invited to consult them directly on the booking platform.
Article 7 — Accommodation and Stay Settlement
A. Schedules
Rooms are available from 3:00 PM on the arrival day. They must be vacated by 11:00 AM on the departure day. Exceeding this time may result in additional billing.
An early check-in (before 3:00 PM) or a late check-out (after 11:00 AM) may be offered subject to availability and will incur additional charges according to the conditions in force at each establishment.
In case of late arrival (after 8:00 PM), the Client is invited to inform the Hotel in advance to guarantee reception and room availability.
B. Individual police form
In accordance with Article R.814-1 of the Code of Entry and Stay of Foreigners and of the Right of Asylum, the Client may be asked, upon arrival, to complete an individual police form. The Client must present valid identification.
C. Smoking policy
ELEMA hotels are non-smoking areas except for authorized outdoor areas. Restoration charges may be billed for violations in non-smoking areas.
D. Pets
Pets are accepted in ELEMA establishments subject to a supplement.
Animals must be kept on a leash in common areas and cannot be left alone in the room. The Client is responsible for any damage caused by their pet.
E. Room capacity and occupancy
Each room has a maximum occupancy capacity indicated at the time of booking. For safety reasons, it is not possible to stay in a room with a number of occupants higher than declared. In case of non-compliance observed upon arrival, the Hotel reserves the right to refuse room access, with the first night's amount remaining payable.
F. Conduct and use of premises
The Client agrees to use the room and Hotel spaces as a responsible party. Any behavior contrary to good morals and public order may result in the Client's immediate expulsion without compensation or refund.
The Client is responsible for all direct and indirect damage they may cause to the Hotel, its equipment, and furniture. They agree to compensate the Hotel for the damages suffered, including lost revenue resulting from the inability to rent the damaged room.
G. WiFi
WiFi access is offered to Clients in ELEMA establishments. The Client agrees to use this access in compliance with current regulations, particularly refraining from any acts that infringe on intellectual property rights or constitute unlawful use of IT resources (HADOPI law).
H. Video surveillance
Common areas of ELEMA establishments may be equipped with video surveillance, in accordance with applicable regulations (law n°95-73 of January 21, 1995, and art. L.251-1 et seq. of the Internal Security Code). Recordings are retained under the applicable legal durations.
Article 8 — Relocation
In case of force majeure, exceptional event, or technical problem making the Client's stay in the reserved Hotel impossible, the Hotel will do everything possible to offer alternative accommodation in an establishment of equivalent or higher category.
Relocation costs (possible rate supplement and transfer) will be covered by the Hotel, which cannot be held responsible for any additional indemnity beyond this coverage.
Article 9 — Liability
The Hotel commits to implementing all necessary means to provide the reserved services, under an obligation of means.
The Hotel disclaims any responsibility in case of theft, loss, or damage to the Client's personal belongings during their stay, except for proven fault by the Hotel. In accordance with Articles 1952 et seq. of the Civil Code, the hotelier's liability is automatically engaged for objects deposited with them or in the premises made available; this liability is capped under the legal conditions provided.
The services offered by the Hotel comply with the French regulations in force. The Hotel's liability cannot be engaged in case of non-compliance by the Client with the legislation of their country of origin.
Article 10 — Right of withdrawal
In accordance with Article L221-28 12° of the Consumer Code, the Client does not benefit from the right of withdrawal provided for in Article L221-18 of the Consumer Code, given the nature of the services provided (accommodation services involving a specific execution date or period).
As a result, bookings are subject exclusively to the cancellation and modification conditions defined in Article 6 of these T&Cs.
Article 11 — Data protection — GDPR
The Hotel processes the Client's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and law n°78-17 of January 6, 1978, as amended.
For any information on the collection, use, and protection of your personal data, as well as on the exercise of your rights, please consult our Privacy Policy available on elema-hotels.com.
In accordance with Article L223-2 of the Consumer Code, the Client is informed that they can register free of charge on the Bloctel telephone canvassing opposition list: www.bloctel.gouv.fr
Article 12 — Mediation
Any complaint relating to a stay must be sent by registered letter with acknowledgment of receipt within a maximum of fifteen (15) days from the departure date to the Hotel.
In the absence of a satisfactory response from the Hotel within sixty (60) days from the complaint, the Client can refer free of charge to the Tourism and Travel Mediator (MTV):
MTV Mediator | Tourism and Travel Mediation |
Postal address | BP 80303 – 75823 Paris Cedex 17 |
info@mtv.travel | |
Website | www.mtv.travel |
Referral period | Within 12 months following the first written complaint |
The Client can also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr
Article 13 — Hardship clause
These T&Cs expressly exclude the legal regime of hardship provided for by Article 1195 of the Civil Code. Both the Hotel and the Client waive the right to invoke this article and agree to fulfill their obligations even if the contractual balance is disrupted by unforeseen circumstances during the contract conclusion.
Article 14 — Force majeure
Neither party shall be held liable for non-performance or delay in performing its obligations resulting from a case of force majeure as defined in Article 1218 of the Civil Code, i.e., any external, unforeseeable, and irresistible event making the performance of contractual obligations impossible.
The party invoking force majeure must inform the other party as soon as possible in writing, providing all useful justifications.
Article 15 — Intellectual property
SomnOO Management holds all intellectual property rights related to the elema-hotels.com site and its content (texts, photographs, logos, brands, etc.). Any reproduction, use, or distribution, even partial, without prior written authorization is strictly prohibited and constitutes infringement sanctioned by the Intellectual Property Code.
Article 16 — Pre-contractual Information
In accordance with Article L221-5 of the Consumer Code, the Client acknowledges having received, prior to booking validation, in a readable and understandable manner, the following information:
The essential characteristics of the reserved services;
The total price including taxes of the services (excluding tourist tax);
Payment, cancellation, and modification conditions applicable to the selected rate;
The identity and contact information of the Hotel;
The absence of an applicable right of withdrawal;
The mediation procedure;
Accepted payment methods.
Article 17 — Evolution of the T&Cs
These T&Cs apply from their last update date. They may be modified at any time. The applicable version is the one in force at the time of booking. Changes do not apply to already confirmed bookings. The Client is invited to regularly consult the T&Cs page on elema-hotels.com.
Article 18 — Governing law and jurisdiction
These T&Cs are governed by French law, both for substantive and procedural rules. In case of disputes not resolved amicably or through mediation, the French courts in the district of SomnOO Management's registered office (Annecy) will have exclusive jurisdiction, subject to imperative rules applicable to consumers.