1.1. PUBLISHER
This site is published by the GORDON BEDBANK company, a simplified joint-stock company with a capital of 298,000 euros, having its head office at 82 rue Henri Farman, 92130 Issy-Les-Moulineaux France, registered with the Trade and Companies Register of Nanterre under the number 750.988.420. Tel: 01 77 68 16 96. Publication Director: Mr. Fabrice Perdoncini as General Manager of the Gekko-Holding company.
1.2. HOST
OVH
Head office: 2 rue Kellermann – 59100 Roubaix – France
Tel.: 0033 9 72 10 10 07
ARTICLE 1 – DEFINITIONS AND SCOPE OF APPLICATION
1.1. Definitions
The terms and expressions beginning with a capital letter will have, for the purposes of these Terms and Conditions of sale, the meaning given below. The definitions below have the same meaning whether used in the singular or plural.
“Customer”, refers to the User’s customer, the beneficiary of the Services.
“Order”, refers to any reservation made and validated by the User on the company’s website.
“Terms and Conditions”, refer to the present Terms and Conditions of sale.
“Specific Conditions”, refers to the contractual conditions specific to each Service offered by the Service Provider (regardless of name: “Conditions and restrictions,” etc.) available on the Site before validation of any Order.
“Particular Contract”, refers to any contract signed between GORDON BEDBANK and the User or their representative providing for specific provisions different from the present Terms and Conditions.
“Service provider”, refers to the service providers (hoteliers).
“Service”, refers to the accommodation services offered on the Site, as well as ancillary services.
“Site” refers to the accessible site of the GORDON BEDBANK company.
“User”, refers to any travel agent or travel professional who browses the Site, takes note of, and/or places an Order for one or more Services offered on the Site.
1.2. Scope – Acceptance
Ordering Services is reserved for Users who have read the Terms and Conditions in their entirety and have accepted them by checking the box or clicking on the hypertext link provided for this purpose. Without this acceptance, continuing the Order process is technically impossible. Consequently, the User acknowledges, by the sole fact of placing an Order with GORDON BEDBANK, that they have read, accept without reservation, and are bound by these Terms and Conditions, to the exclusion of any other document and in particular any counter-proposals by the User not expressly accepted by GORDON BEDBANK, subject to the provisions applicable to Specific Conditions and Particular Contracts.
The present Terms and Conditions can only be modified by GORDON BEDBANK’s Particular Contracts. In the event of a conflict between the Terms and Conditions and the Particular Contracts of GORDON BEDBANK, the latter shall prevail. The Specific Conditions of the Service Providers are applicable to the offer and to the provision of the Services, as well as to any other document relating to the Services, in the same way as the Terms and Conditions. The acceptance of the Specific Conditions by the User occurs at the time of the Order. The User thereby acknowledges, by the sole fact of placing an Order with GORDON BEDBANK, that they have read, accept without reservation, and are bound by the Specific Conditions. GORDON BEDBANK reproduces the Specific Conditions as communicated to them by the Service Providers and can under no circumstances be held responsible for any dispute relating to the Specific Conditions. The Terms and Conditions are valid from April 1, 2010, and can be modified at any time, without notice, it being understood that such modifications will be applicable to subsequent Orders: the User must consult and accept them when placing the Order, to ensure they are aware of the provisions in force.
ARTICLE 2 – PURPOSE
On the Site, GORDON BEDBANK offers a platform for centralizing hotel references, descriptions, and availability. The Site constitutes a technical interface to inform the User of the Services available to their Customers directly or indirectly from the Service Providers and allows this User to reserve these Services. GORDON BEDBANK offers the User a tool allowing them to reserve the Service on behalf of their Customers. GORDON BEDBANK’s must ensure that this Order and payment ultimately reach the Service Provider, so that this Order, through GORDON BEDBANK, is accounted for and accepted by the Service Provider. This Order will be evidenced by issuing a voucher (see Article 3.2 Placement, modification, and cancellation of Orders, below). GORDON BEDBANK cannot be qualified under any circumstances as a travel agency as per the meaning of Law No. 92 -645 of July 13, 1992.
ARTICLE 3 – ORDERS
3.1. Capacity – Use of the Site
The function of the Site is to assist the User in finding Services and placing Orders they wish to make. The User must be legally capable of contracting and using this Site in accordance with the Terms and Conditions. GORDON BEDBANK provides a Username and password to log in to the Site. This password is used to reserve and cancel the Services online. It is strictly personal and confidential and sharing with other Users constitutes a violation of these Terms and Conditions. Except in the event of fraud, where it is their responsibility to provide proof, the User is financially responsible for the transactions they make on the Site, in particular concerning the use of their Username and password. They also guarantee at all times the veracity and accuracy of the information concerning them provided on the Site and/or to GORDON BEDBANK. In the event that any of this information turns out to be false, incomplete, or obsolete, in the event of fraudulent use of the Site or use in violation of these Terms and Conditions, GORDON BEDBANK reserves the right, without any compensation and without notice, to suspend or close the User’s account and to refuse them future access to all or part of the services offered by GORDON BEDBANK.
3.2. Placement, modification, and cancellation of Orders
The GORDON BEDBANK reservation system is intended for Users and must be used exclusively for individual Customers. Orders are for a maximum of 6 people and 9 people for groups. The subdivision of groups into individual files will not be accepted. GORDON BEDBANK reserves the right to cancel Orders added to the system by a User if they appear to be for the reservation of groups rather than individual Customers, as well as Orders which appear to have the sole purpose of retaining rooms without a genuine intention to reserve. In any event, Orders are only confirmed and final after acceptance by GORDON BEDBANK and are subject to full payment and collection of the cost according to the conditions stipulated in Article 4.2 of the Terms and Conditions. The confirmation of the Order (its acceptance), which includes essential information such as the identification of the Service(s) ordered and the cost, is indicated to the User at the end of the ordering process and evidenced by a voucher, which will be given to the Service Provider as proof of placement of the Order. However, this Order will only become final after full payment and collection of the cost of the Service. All of the conditions for cancellation, possible rectification of Orders and/or reimbursement are available directly on the Site prior to ordering and mentioned on the Order confirmation. Subject to more favorable Specific Conditions offered by a Service Provider prior to ordering, any modification (change of departure or return date, destination, accommodation) or any cancellation by the User, entails, with the exception of force majeure, the payment and retention of 100% of the cost of the Service. All changes and cancellations should always be made through the Site. Access to the message by GORDON BEDBANK or by the Service Provider concerned is proof of timely receipt, modification, or cancellation. To be considered valid, cancellations must be made through the Site (using the ‘My Reservations’ tab) or by phone at 0820 202 297 (Monday to Friday 9:30 am to 6:30 pm local French time). In the event of reimbursement granted to the User, the sums previously paid will be the subject of a credit to be charged against the sums owed by the User to GORDON BEDBANK. Delay in travel prior to the stay by air, rail or land resulting in a failure to check in according to the circumstances provided for by the Specific Conditions, does not exempt the User from the financial cancellation conditions provided for in these Terms and Conditions.
3.3. Evidence
It is expressly agreed that, except in the case of a manifest error on the part of GORDON BEDBANK, of which the User provides proof, the data stored in the information system of GORDON BEDBANK and/or its Service Providers has probative force as to the Orders placed by the User. Data on computers or electronic media constitute valid evidence and as such, are admissible under the same conditions and with the same probative force as any document drawn up, received, or kept in writing.
ARTICLE 4 – FINANCIAL CONDITIONS AND METHOD OF PAYMENT
4.1. Prices and Taxes
The descriptions of the Services presented on the Site are those of the Service Providers. They specify, for each Service, the elements included in the price. Prices are in euros. Prices are considered final upon confirmation of the Order. The prices of the Services are understood to include all taxes, fees and service costs relating thereto. The costs and service charges correspond to costs concerning the Services ordered by the User, borne by the Service Providers and in particular indirect taxes (VAT, other similar taxes) and other costs necessary for processing Users’ Orders. Certain taxes or additional costs (tourist tax, holiday tax, visa fees and/or tourist card, etc.) may be imposed by the authorities of certain States. They are not included in the price of the Services. These additional taxes are the responsibility of the User or the Customer and may have to be paid on-site. Unless expressly stated in the Specific Conditions, the prices of the Accommodation Services indicated on the Site are calculated according to the number of nights and not the number of full days. GORDON BEDBANK reserves the right to modify the cost of a service after confirmation of the Order only in the event of variations in taxes, VAT, or other factors outside its control. In addition, in general, and unless expressly stated otherwise in the Specific Conditions or the Particular Contract, the prices do not include expenses of a personal nature or ancillary to the service, such as insurance, excess baggage, vaccinations, laundry, telephone, drinks, room service, tips, excursions, use of sports facilities, and more generally any service not expressly included in the confirmation of the order. Customers must pay all the supplements they are liable for directly to the Service Provider. GORDON BEDBANK will in no case pay the Service Provider for the personal expenses of Customers. It is the User’s responsibility to draw the attention of their Customers to these conditions and items.
4.2. Payment of the cost
Payment of the cost of the Services purchased by the User must occur upon confirmation of the Order by GORDON BEDBANK.
NB: performance of any Service will be subject to full payment and collection of the corresponding cost, subject to different stipulations in the Particular Contract. Unless otherwise stipulated in the Particular Contract, payments made on the Site are made either by direct debit or by credit card (cards from Visa, Eurocard/Mastercard or American Express networks are accepted) through the intermediary of a secure payment system. Regarding payments by credit card, as GORDON BEDBANK’s business concerns professionals, the 14-day cooling-off period does not apply to credit card payments.
Date of withdrawal of sums:
Non-refundable: the sum of the reservation is debited immediately at the time of reservation
Flexible:
In the event that the payment turns out to be irregular, incomplete, or non-existent, for a reason attributable to the User, the Order for the Services will be deemed to have not been confirmed, the resulting costs being the responsibility of the User, INFINITE HOTEL reserving the right to bring any action that may, if necessary, be taken against the User for compensation for the damages incurred.
ARTICLE 5 – USER’S OBLIGATIONS
5.1. Formalities
It is the User’s responsibility to carefully read and share with their Customer the administrative and/or health formalities necessary for the performance of the Service. The completion of and costs arising from these required legal, customs and health formalities, such as in particular passports, national identity cards, residence cards, parental authorizations, visas, medical certificates, and vaccination records are incumbent on the User or their Customer, depending on the situation.
5.2. Accommodation services
Possession of rooms: It is the User’s responsibility to ensure the Specific Conditions applicable to entering and leaving the rooms are observed, as well as their classification, and to transmit this information to the Customer.
Classification: It is the User’s responsibility to verify the comfort level attributed to the hotels, which appears in the description provided by the Service Provider, which can be consulted on the Site. In addition, it is the User’s responsibility to inform their Customers when the classification is established with reference to local standards in the host country and may therefore differ from French standards.
Meals: It is the User’s responsibility to ensure the Specific Conditions relating to meals are observed, and to share this information with their Customers.
Local taxes: The User must confirm that no additional local tax is imposed by the authorities in the Customer’s destination (tourist tax, holiday tax, etc.) and that it is not to be paid on-site. Otherwise, these additional local taxes will be borne by the User or their Customer; GORDON BEDBANK cannot, in any event, be held liable.
5.3. Special conditions for children
NB: In some hotels, children share a bed or beds with the 2 adults.
On-site, at the request of customers, an additional bed may be provided, depending on availability in the hotels (a supplement may be requested on-site).
5.4. Location of the hotel
Distances are calculated as the crow flies between the hotel location and the tourist site/airport/city concerned. They do not necessarily reflect actual travel distance.
ARTICLE 6 – OBLIGATIONS OF GORDON BEDBANK
In all stages of the Ordering process (access to the Site, consultation, placing of an Order, reservation with the Service Provider, printing of the voucher, or other), GORDON BEDBANK is bound to the User, to the exclusion of any other party, by an obligation of means, both in the process of presenting the Service Provider’s offers and in the receipt and forwarding of reservations and the cost of the Services.
ARTICLE 7 – USER SERVICES AND COMPLAINTS
A telephone number, featured on the voucher, can be reached 24/7 in the case of emergency or any urgent problem at the destination. Examples: overbooking, the hotelier cannot find the reservation, the transfer operator is not at the meeting point, the quality of the services does not correspond to the services reserved, etc.
The User must send Complaints to GORDON BEDBANK by registered letter with acknowledgment of receipt within seven (7) days of the end of the stay.
ARTICLE 8 – GUARANTEES
8.1 Use of the Site
No guarantee is given to the User with regard to the absence of anomalies, errors, or bugs likely to affect browsing on the Site, or the implementation of any functionality available on the Site; correcting these anomalies, errors, or bugs; the absence of interruptions or breakdowns in the functioning of the Site; compatibility of the Site with specific equipment or a specific configuration. The hypertext links on the Site allowing the User to be referred to other websites are intended only to facilitate the User’s searches. In any case, the User declares that they are familiar with the characteristics and limits of their connection to the Internet, in particular technical performance, response times when visiting the Site, querying, or transferring data and the risks related to the security of communications.
8.2 Presentation of the catalog
The responsibility of GORDON BEDBANK is limited to reproducing the information provided unless it can be shown that GORDON BEDBANK has deliberately made said information misleading. No guarantee is given as to the accuracy of the information posted online. In particular, no guarantee is given to the User as to the accuracy of videos, photos or illustrations giving the User only an overview of the Services offered.
8.3. Other
No other guarantee is provided by GORDON BEDBANK to the User or to any other party concerning in particular the performance of the Service.
ARTICLE 9 – INTELLECTUAL PROPERTY
All parts of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, patents, and database law. They are the exclusive property of GORDON BEDBANK and/or the Service Providers. Any use constitutes an infringement which may result in the civil and criminal liability of the author without prior written authorization by GORDON BEDBANK. In this regard, GORDON BEDBANK grants the User a right of reproduction consisting of printing and/or saving the data and information consulted. The User is prohibited from introducing, by any means whatsoever, data likely to modify or affect the content or presentation of the Site. Any hypertext link to the Site, regardless of the type of link, must be the subject of prior authorization by GORDON BEDBANK, acting where applicable in the name and on behalf of the Service Provider holding the right concerned.
ARTICLE 10 – LIABILITY
10.1 Performance of the Service
GORDON BEDBANK cannot under any circumstance be held liable for any non-performance or improper performance of all or part of the Services provided, or for any damages to third parties, direct or indirect, commercial, or financial damages, resulting from the non-performance or improper performance of all or part of the Services provided.
10.2 Use of the Site
The User agrees to hold GORDON BEDBANK harmless from any liability for damages resulting from the use of the Site, regardless of the cause of said damages. Without limiting the scope of the other provisions in these Terms and Conditions, GORDON BEDBANK cannot, in particular, be held liable for damages resulting from the loss, alteration or fraudulent access to data, accidental transmission through the service or by email virus or other harmful elements, the attitude, conduct or behavior of a third party or another User. Under no circumstances will GORDON BEDBANK be liable for direct or indirect and/or immaterial, foreseeable, or unforeseeable damages (including loss of profits or of chance) arising from the supply and/or use or total or partial inability to use the features of the Site.
10.3 Force majeure
GORDON BEDBANK cannot be held responsible for the non-performance or late performance of its obligations if it is the direct or indirect consequence of an event of force majeure in particular, or of a cause or a situation beyond its reasonable control, subject to the provisions of Article 14. Without limiting the general nature of the foregoing, the situations in which GORDON BEDBANK cannot be held liable are as follows: force majeure, outbreak of hostilities, riots, disturbances of public order, acts of terrorism, revolution, acts by a government or official body (including, without limitation, refusal or revocation of a license or consent), fire, floods, lightning, explosions, fog or bad weather, interruption or breakdown of a public service (including, without limitation, electricity, gas, water or telecommunications), renovations undertaken by the Service Provider, strikes, lockouts or boycotts, embargoes, blockades.
10.4 Limitation of liability
In any event, GORDON BEDBANK’s liability is strictly limited to the direct damages suffered by the User, to the exclusion of any other damages suffered by any other third party, including the Customer. With regard to the User, the damages may not exceed the price of the Service concerned.
ARTICLE 11 – TERMINATION
In the event of non-compliance by the User with any of the provisions in the present Terms and Conditions, GORDON BEDBANK reserves the right, without compensation and without notice, to terminate the User’s account, to delete the data and files appearing therein, to remove access to these data or files, or to prohibit the User from accessing all or part of GORDON BEDBANK’s services, without prejudice to any common law actions that may be open to GORDON BEDBANK.
GORDON BEDBANK reserves the right, without compensation and without notice, to modify or suspend the service, temporarily or permanently. The User acknowledges that GORDON BEDBANK cannot be held responsible for any modification or suspension of the service.
ARTICLE 12 – CONFIDENTIALITY
GORDON BEDBANK and the User agree to treat as strictly confidential all information, of whatever nature and on whatever medium, communicated by one of the parties to the other in the course of performing the Order-taking service subject to these Terms and Conditions, with the exception of information in respect of which the party receiving it can provide proof: that it was lawfully in their possession before receiving the information from the other party; or that the information was, on the date of signature of these Terms and Conditions or subsequently, in the public domain; or that the information was communicated to them by a third party in good faith, without that third party having required a confidentiality undertaking in respect of the information. Each of the parties undertakes to take all measures to ensure compliance with this confidentiality obligation and refrain from disclosing to any natural or legal person, either directly or indirectly, the confidential information of which they become aware in the context of these Terms and Conditions and/or to reproduce and or use this information on their own account or on account of third parties, for purposes other than the performance of these Terms and Conditions. Each of the parties undertakes to share the confidential information received only to members of its staff responsible for contributing to the performance of the Terms and Conditions, who have been informed of the confidential nature of this information. The commitments entered into by the parties within the framework of this article will survive the expiration of these Terms and Conditions for a period of 2 years.
ARTICLE 13 – PROCESSING OF PERSONAL DATA
13.1. Order processing
Information and personal data relating to the User (“Personal Data”) is processed by GORDON BEDBANK as data controller within the meaning of the GDPR (European Regulation No. 2016/679 of April 27, 2016), and its partners and service providers as subcontractors, strictly limited to the marketing of its services and/or management of the Order(s) placed by the User on the website of the company (hereinafter the “Site”).
The data is processed and hosted in France following secure protocols. The exclusive purpose of data processing is:
– Performance and management of the reserved service – improvement in the quality of service (personalized offers, tackling fraud, identification of defects, improvement of customer knowledge through anonymized statistical analysis) – marketing communications
The legal basis for this processing is based on the User’s contractual relationship with GORDON BEDBANK or on the User’s consent relating to commercial prospecting.
13.2. Data collected
GORDON BEDBANK collects the following data:
– Personal data input by the User when creating their customer account on the Site. This information is mandatory for the reservation and management of the services purchased; the non-provision of this data may result in the inability to provide the services.
– Personal data concerning the services reserved and related invoicing. This information is mandatory and relevant for the provision of services.
13.3. Data transfer
Your personal data is transferred to our partners in the European Union or outside the Union, in Order to ensure the proper performance of the service reserved on the Site and monitoring of the commercial relationship, in particular:
– To hotels
– To our payment service provider offering remote payment
– With your consent, to service providers involved in our marketing communications
13.4. Retention
Your personal data is kept for the period appropriate to each processing operation and by exception, for a period of 5 years corresponding to the statute of limitations under common law for claims and to meet legal or regulatory obligations.
13.5. Users’ rights
The User has the right to:
– Request access to their data
– Rectification of inaccurate data
– Deletion (right to be forgotten)
– Limitation of processing
– Opposition to the processing of their information and personal data. In such a case, the User is informed that, as a consequence of the deletion of their Personal Data, all, or part of the services for which this information is necessary, in the context of the use of the Site, will no longer be accessible, without GORDON BEDBANK and/or the User’s employer being liable.
– Data portability on a machine-readable medium
– Withdrawal of their consent at any time for collection based on this consent, which can be exercised by contacting GORDON BEDBANK, 82 rue Henri Farman, 92130 Issy-Les-Moulineaux France and/or at the email address rgpd@gekko-holding.com, accompanying this request with proof of identity.
13.6. Contact
The User has the right to appeal against the processing of their data to the Commission Nationale Informatique et Libertés.
ARTICLE 14 – USE OF COOKIES
In Order to provide the most optimal User experience, we measure and analyze the number of pages viewed, the number of visits, visitor activity and frequency of return. To this end, we use “cookie” technology. A cookie does not allow us to identify the User, it records information relating to the navigation of the visitor’s computer on our site (the pages visited, the date and time of the visit, etc.) that we will be able to read during your future consultations. The data collected by cookies is strictly intended for internal use and is never transferred to third parties. The User can deactivate the cookies stored on their device at any time. To do this, they must select the appropriate settings in their browser. This deactivation will prevent access to certain features of the site.
The cookies we use:
– Technical cookies: these cookies allow the User to navigate the site. These cookies are essential for the optimal functioning of the site. If the User decides to deactivate these cookies, some features of the site will be inaccessible.
– Statistics cookies: these cookies allow us to study User behavior on the Site (in particular the number of visits, the number of pages viewed, visitor activity) using the Google Analytics analysis tool.
Cookie management:
The links below explain the process for blocking cookies on Chrome, Firefox, Safari & Internet Explorer browsers.
FIREFOX: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
CHROME: https://support.google.com/chrome/answer/95647?co=GENIE.Platform=Desktop&hl=en
INTERNET EXPLORER: https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d
SAFARI: https://support.apple.com/en-ie/guide/safari/sfri11471/mac
ARTICLE 15 – GENERAL PROVISIONS
The fact that GORDON BEDBANK does not, at a given time, avail itself of one of the provisions of the Terms and Conditions shall not be interpreted as a waiver by GORDON BEDBANK of its right to do so at a later date. If one of the provisions of the Terms and Conditions is declared null and void, it shall be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null, and void was essential and decisive. Any case of force majeure making it impossible to perform the Service, including the interruption of telecommunications, strikes by carriers, hoteliers, or air traffic controllers, removes the obligations on GORDON BEDBANK, as affected by the case of force majeure. Services not performed due to force majeure give rise to reimbursement.
ARTICLE 16 – APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and Conditions, and more generally the Particular Contract that the User concludes with GORDON BEDBANK, is subject to French law. Any dispute relating to the interpretation and/or execution falls under the jurisdiction of the Commercial Court of Paris.
ARTICLE 17 – RELOCATION
In the event of force majeure, the hotel reserves the right to have the Customer fully or partially accommodated in a hotel of an equivalent category for services of the same nature, all of the costs involved in the transfer remaining the responsibility of the chosen hotel.