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General terms and conditions Hotel General terms and conditions Restaurant General terms and conditions Spa
1 – GENERAL PROVISIONS
NOLINSKI PARIS (hereinafter the “Company”) is a société par actions simplifiée [simplified joint-stock company] with capital of 19,134,547 euros, with registered offices at 16, avenue de l’Opéra – 75001 Paris, France, registered with the register of trade and companies of PARIS under No. 803 406 909 and with intracommunity VAT No. FR42809374994 – Tel.: +33 (0)1 42 86 10 10 – website: www.nolinskiparis.com (the “Website”) – email: contact@nolinskiparis.com or spa@nolinskiparis.com.
It operates the NOLINSKI Hotel (hereinafter the “Hotel”), located at the same address and comprising, in addition to rooms designed for overnight stays, a restaurant, a cocktail bar and the Spa Nolinski by La Colline, which may also serve clients who are not staying at the Hotel.
The Company belongs to the EVOK COLLECTION group, which is committed to a corporate social responsibility (CSR) policy via its Charte Ethique – Ambitions pour un meilleur avenir du groupe [ethical charter: working towards a better future for the group], its adherence to the principles of the United Nations Global Compact, and by joining various French and international think tanks and professional bodies committed to human rights, international labour standards, environmental protection, and anti-corruption initiatives.
Scope of application. These general terms and conditions (T&Cs) apply to all reservations and services between the Company and one or more persons reserving an access to or a service at the Spa Nolinski by La Colline of the Hotel (hereinafter referred to as “the Spa”) or effectively benefiting from said service at the Spa (hereinafter referred to, in this order, as “the Client” or “the Beneficiary”). The person effectively benefiting from the service, whether they are a Client or a Beneficiary, is hereinafter referred to as the “Guest”. The T&Cs are binding on Clients and Guests.
Certain provisions of the T&Cs, indicated with the letter (C), may only concern Guests and Clients acting as consumers within the meaning of the French consumer code, i.e., only natural persons acting for purposes that do not fall within their trade, industrial, craft, independent or agricultural business activity. When the law requires that these provisions extend to non-professionals within the meaning of the French consumer code, i.e., legal entities not acting for professional purposes, this is specified.
The Company reserves the right to amend its T&Cs at any time. Such changes will not, however, have any retroactive effect on reservations or services booked or honoured or being honoured, except in the case of binding statutory adaptations applicable immediately. In the event of a conflict, special terms and conditions entered into between the Company and the Client take precedence over the T&Cs.
Client declarations. The Client confirms they are over the age of 18 and have the legal capacity to enter into a contract with the Company and make the reservation in their name and for themselves as well as in the name or on behalf of or for the benefit of the Beneficiaries. The Client declares they use the Website, where applicable, in accordance with these T&Cs. The Client guarantees that the information and data provided during or for the purpose of the reservation, concerning both the Client and the Beneficiaries, is truthful and accurate. The Client undertakes to inform the Beneficiaries of the terms and conditions applicable to their reservation and their session at the Spa, including these T&Cs and the Charte de Traitement des Données Personnelles [personal data charter].
2 – OFFER AND CONDITIONS OF ACCESS
Facilities. The Spa is located on the Hotel premises. It includes a swimming pool, a sauna, a steam room (the Facilities) and areas dedicated to beauty and wellness treatments. The Facilities are reserved for and freely accessible to Clients and Guests staying at the Hotel during opening hours, subject to occupancy and capacity. A one-hour access to the Facilities is also offered to any Guest benefiting from a treatment service for a minimum amount of 180 euros. The internal regulations are displayed at the entrance to the Facilities; the Client and the Guest are required to comply with them.
Treatments. Treatments include massages, facials, body treatments, manicures (hands beauty) and pedicures (feet beauty). These are well-being or beauty treatments, not therapeutic treatments. No medical advice or diagnosis can be provided during treatments. Treatments are provided in the dedicated Spa areas during Spa opening hours. For Guests staying at the Hotel, massages, manicures and pedicures may be provided in the Room; a surcharge of 20% of the service rate will then be applied.
Other services available to Hotel Guests. Hairdressing and make-up services are available exclusively in the Room, as well as individual fitness sessions in the room or outside in Paris.
Other conditions of access. Treatments and access rights to the Facilities are strictly individual. Guests are not permitted to bring other people onto the site except under the aforementioned conditions of access. Minors under the age of twelve accessing the Facilities must be accompanied by a parent or responsible adult. The minimum age is sixteen for facial treatments and eighteen for body treatments.
Pets are not allowed in the Spa areas.
Opening hours. Unless otherwise indicated, the Spa is open for treatments every day of the week from 9am to 9pm. The swimming pool and the Facilities are open from 7am to 11pm.
Arrival. The treatment durations indicated correspond to the actual treatment time. To get the most out of your visit, we recommend that you arrive 15 minutes before your appointment time. If you arrive late, the Company will endeavour to offer the same service if the schedule allows it; otherwise, the duration of the treatment will have to be shortened without any possible reduction in the price.
3 – RATES
The current Rates for the various Spa services are displayed at the entrance to the Spa and on the Website, and indicated in the brochure available for consultation on the Website or on request at the Hotel reception or by email to spa@nolinskiparis.com. Rates are subject to change at any time and without warning until a reservation is confirmed.
5 – PAYMENT TERMS
The Client or the Guest must pay for the treatment in full, including services and goods not included in the reservation and booked by the Client or the Guest during the session, less any pre-payments already made, if applicable, or the amount of a previously disclosed and validated EVOK COLLECTION Gift Voucher.
Means of payment. The Company accepts payment:
– in cash (in euros only), only if paid on site, and for amounts under 1,000 euros for Clients and Guests who can prove their tax residence is in France or when the reservation is for business purposes, or 10,000 euros for Clients and Guests who can prove their tax residence is abroad and whose stay is not for business purposes;
– by bank card, at the Spa or at the Hotel, or by a secure payment link. The Company accepts the following bank cards: Visa, Mastercard, American Express, Diners Club and JCB;
– by bank transfer to the Company bank details, which will be shared further to an express request by email from the Client or the Guest (all bank transfer fees are to be paid in full by the Client or the Guest making the payment);
– by an EVOK COLLECTION Gift Voucher used and validated as described above; Gift Vouchers cannot be used unless they are disclosed to and validated by the Company in advance, to confirm the reservation.
The Company does not accept payments by cheque or chèques-vacances [travel vouchers].
Pre-payments can be made using one of the above payment methods. Payment of the balance at the end of the session cannot be made by bank transfer.
Effective payment. Payment will be considered received and effective, in the event of payment in cash, once the cash has been handed over; in the event of payment by bank card, once the payment provider has validated the payment order; in the event of payment by bank transfer, once the funds have been credited to the Company account; in the event of payment by Gift Voucher, as soon as its reference has been validated and activated by the Company; all of the foregoing being without prejudice to the applicable provisions in the event of a payment incident.
Payment incident. In the event of a payment incident resulting in the annulment, for any reason whatsoever, of all or part of the payment made to the Company, the Client and the Guest are liable to the Company for any fees and charges incurred as a result of the payment incident. In the event of annulment of a payment made in advance, if it is required for the reservation, the Company will have the discretionary right to cancel the reservation, without prejudice, where applicable, to any costs incurred in this respect, or, if possible, to offer to renew it to the Client or the Guest who so requests by making a new payment.
(C) Amounts paid in advance by Clients and Guests with the capacity of consumers under the meaning of the French consumer code start to bear interest at the legal rate three months after the payment until the performance of the service, without prejudice to the Company’s obligation to perform the service. Interest is deducted from the balance to be paid at the time the service is performed.
6 – COOLING-OFF PERIOD – CHANGES – CANCELLATION – TERMINATION
Absence of a cooling-off period. There is no cooling-off period for treatment services, which must be provided on a specific date or during a specific period.
Changes and cancellation (termination) by the Client. Reservations can be changed or cancelled (terminated) by the Client or the Guest, free of charge, until 24 hours before the appointment. Any change or cancellation made within 24 hours of the appointment will be subject to the following fees: 50% of the cost of the treatment for any change or cancellation between 12 hours and 24 hours before the treatment, and 100% of the cost for any change or cancellation less than 12 hours before the treatment or for a no-show. The fees may be added to the Client’s or the Guest’s bill if they are staying at the Hotel, or may be debited from the bank imprint given as a guarantee for the reservation, where applicable. Cancellation times are calculated on an hour-by-hour basis.
(C) In addition, Clients with the capacity of consumers or non-professionals within the meaning of the French consumer code are reminded of the following provisions of this code:
Article L. 215-1-1:
When a contract has been entered into electronically (or has been entered into by another means and the professional, on the day of termination by the consumer, offers the consumer the option of entering into contracts electronically), termination must be made possible under this same arrangement.
As such, the professional must provide the consumer with a free, electronic means of announcing their wish to terminate the contract and perform the steps required to do so. When the consumer announces termination of the contract, the professional must confirm receipt of the announcement and inform the consumer, on a durable medium and within a reasonable time frame, of the date on which the contract comes to an end and the effects of the termination.
A decree establishes the technical arrangements to identify the consumer and ensure easy, direct and constant access to the means mentioned in the second paragraph, as well as arrangements for its presentation and use. It sets out the information that must be provided by the consumer.
Article L. 215-3:
The provisions of this chapter also apply to contracts entered into between professionals and non-professionals.
Other cases of cancellation or termination. The reservation is terminated as of right in the case of force majeure, by unforeseen and unavoidable circumstances brought about by a third party, or by the Client or the Guest making it impossible to perform the service. The Company cannot be held liable on account of the termination or for shortcomings in the performance brought about by these circumstances. The Company is within its rights to cancel the Guest’s reservation or session, or bring it to an end, in the event of the latter’s disregard for the terms and conditions of use of the services offered by the Company or any behaviour likely to cause any harm whatsoever or disrupt other clients’ stays at the Spa or in other areas of the Hotel. In this case, the Company will invoice or, if a pre-payment was made, retain the full cost of the reserved services.
If the Company cancels or terminates the reservation without good reason, the Company will reimburse the Client in full for the amounts previously paid by the latter. No other amount will be added in respect of this termination for any reason whatsoever, without prejudice to the right of the Client who has the capacity of consumer to receive damages. Articles L. 214-1 of the French consumer code and 1590 of the French civil code are expressly set aside.
7 – GUEST BEHAVIOUR AND LIABILITY
Health. The Client and the Guest are invited to provide the Company and the Spa staff, at the time of reservation and again upon arrival, with any useful information concerning the Guest’s health, allergies or injuries. The Guest will be asked to complete a health questionnaire prior to any treatment. This procedure is necessary and strictly intended to enable the Company to provide suitable treatment for the Guest. The personal health data provided on this occasion is only requested and processed to the extent necessary and for the purposes of providing the service, and is not kept after the service has been provided. For strict health or safety reasons, if the Guest or the Client fails to provide certain answers to the questionnaire, the Company may refuse the reservation or the treatment. For further information, please consult the Company’s personal data charter. The Client and the Guest are also invited to check in advance with a doctor that the use of the steam room or the sauna does not pose any risk to the Guest’s health; the heat is not recommended for people suffering from high blood pressure, blood circulation problems, asthma or breathing difficulties.
Belongings. The Guest is required to keep their belongings safe and not leave them unattended anywhere in the Spa or other areas of the Hotel. Guests are also invited to avoid, whenever possible, bringing belongings and possessions to the Spa that are clearly superfluous, useless or inappropriate for a session at the Spa. Where appropriate, valuable objects may be placed in the lockers (to which the Guest keeps the key under their supervision) located in the Spa changing rooms or in the room safe of the Room for Guests also staying at the Hotel. No liability shall be incurred by the Company in the event of the theft, loss or other disappearance of or damage to these belongings.
Discretion and respect. The peace and quiet of the premises must be respected; mobile phones must be set to silent mode. Guests are liable for all damage, deterioration and acts of vandalism that occur to both movable and immovable property in the Spa, the Hotel or its outbuildings, regardless of whether they belong to the Hotel, during their visit. If appropriate, the Company may ask the Guest to leave the Spa or the Hotel. The Client and the Guest are jointly and severally liable for the amount of the service as well as damages for the harm suffered. Guests are reminded that treatments and access to the Facilities are strictly individual; Guests are not permitted to bring other people into the Spa except under the conditions set out in 2 – OFFER AND CONDITIONS OF ACCESS.
8 – INTELLECTUAL PROPERTY RIGHTS
The Client is expressly informed that the Hotel and its various spaces, in particular the Spa Nolinski by La Colline, in their capacity as architectural and decorative works, as well as the objects furnishing them and the Company’s promotional or advertising materials (hereinafter the Works, including the Website, catalogue, photographs, logos, furniture, accessories, decorative objects, works of art and the graphic elements used on these materials) are covered by intellectual property rights including authors’ royalties, design rights, marks and patents, held by the Company as well as third parties, particularly managers and creators of the products, whose treatments are provided at the Spa, and of the signature brand La Colline. Clients are therefore strictly forbidden from reproducing the Works and displaying them to the general public.
Any disregard for the intellectual property rights mentioned above constitutes copyright infringement and is punishable by criminal sanctions and an order to pay damages.
9 – HANDLING COMPLAINTS
The Client or the Guest must send any and all complaints by post to NOLINSKI PARIS – Service Client – 16, avenue de l’Opéra – 75001 Paris, France or by email to spa@nolinskiparis.com within eight days of the service, detailing the dates of the stay, their reservation or invoice number, their details, and the email addresses, postal addresses and telephone numbers the Company can use to reply to the Guest or Client. The Company can use the means and address of its choice to reply to Clients or Guests if the complaint gives several options. Complaints made more than eight days after will not be considered. The Company cannot favourably respond to any complaints that do not cite a right conferred upon the Guest or the Client under the contract or the statutory or regulatory provisions. Complaints citing such a right will be assessed by the Company as stated below. The Client and the Guest undertake to cooperate and respond promptly and in good faith to the Company’s requests so the complaint can be handled fairly and efficiently. After having obtained all the information needed to handle the complaint, the Company undertakes to inform the Client or the Guest as soon as possible, and at the latest within 15 days of receipt of all the necessary information, of the outcome of their complaint.
10 – SETTLING DISPUTES (C)
In the event of a disagreement, the Client or the Guest can access a conventional mediation procedure or any alternative way of settling differences of opinion.
Mediation. After having contacted the Company’s Customer Services department as indicated in article 8 – Handling complaints and in the absence of an agreement or a satisfactory response from the department within 60 days, the Client or the Guest can, in order to resolve the dispute out of court, contact the Company’s appointed consumer ombudsman free of charge, as follows: AME Conso – 11 Place Dauphine 75001 Paris, France – Telephone: +33 (0)9.53.01.02.60 – Website: www.mediationconso-ame.com. Non-professional Clients and Guests, within the meaning of the French consumer code, can also contact the consumer ombudsman in the same way.
Settling disputes online. The Client and the Guest are informed of the existence of the Online Dispute Resolution (ODR) platform run by the European Commission. It can be accessed via this link:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The Company’s email address for these purposes is spa@nolinskiparis.com.
11 – PERSONAL DATA
12 – STORAGE OF THE CONTRACT ENTERED INTO BY EMAIL (C)
When a reservation contract is exclusively entered into electronically (by exchange of emails), the Company stores and archives it for ten years after performance of the services. The Client can ask to consult it at any time by sending a request to NOLINSKI PARIS – Service Client – 16, avenue de l’Opéra – 75001 Paris, France or by email to spa@nolinskiparis.com, specifying their name and contact details.
13 – APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION
Applicable law. French law is alone applicable to the relationship between the Company and the Client or the Guest as regards the offer, the formation, the performance or discharge of the services, the T&Cs and the contract.
Court of competent jurisdiction. French courts alone have jurisdiction over disputes between the Company and the Client or the Guest arising from or relating to the offer, formation, performance or discharge of the contract, and more generally in the subject matter or interpretation of the contract, including the T&Cs.
(C) However, if the Client or the Guest party to the dispute has the capacity of consumer under the meaning of the French consumer code, the following have jurisdiction:
When French courts are competent, the competent national court is determined pursuant to the French code of civil procedure. (C) The Client or the Guest party to the dispute can also bring a case before the court of the place where they were living when the harmful event occurred, if this place was in France.
Contract language. In the event of a dispute, only the French version of these general terms and conditions of sale will be binding; it will prevail between the parties over any other version or translation.