1 – GENERAL PROVISIONS
SINNER (hereinafter the “Company”) is a société par actions simplifiée [simplified joint-stock company] with capital of 6,571,968 euros, with registered offices at 116, rue du Temple – 75003 Paris, France, registered with the register of trade and companies of PARIS under No. 824 561 310 and with intracommunity VAT No. FR30 824561310 – Tel.: +33 (0)1 42 72 20 00 – website: www.sinnerparis.com (the “Website”) – email: contact@sinnerparis.com or booking@sinnerparis.com
It operates the SINNER Hotel (hereinafter the “Hotel”), located at the same address and comprising, in addition to rooms designed for overnight stays, a restaurant, a cocktail bar, a swimming pool and a spa (Spa 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, accommodation services and ancillary services listed hereinafter, between the Company and one or more people reserving an accommodation service at the Hotel (hereinafter the “Client”) or effectively receiving said service at the Hotel (hereinafter the “Beneficiary”). The person effectively staying at the Hotel, 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.
The T&Cs apply to all reservations and services, whether booked directly with the Hotel or via the Website (including through redirection to an online booking tool operated by a third party), by email exchange with the Company, or via a third party (reservation platform or centre, travel agency, etc.).
They apply to individual reservations of five rooms at once or five consecutive nights. Group terms and conditions apply beyond this. These vary depending on the total number of nights and the period of the stay and will be presented to the Client by the Company further to a specific request from the Client specifying the number of nights and the dates of the stay.
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 stay at the Hotel, including these T&Cs and the Charte de Traitement des Données Personnelles [personal data charter].
2 – OFFER AND TERMS AND CONDITIONS OF STAY
The Client is informed of the features and price of the Rooms, depending on the category, and these can be consulted as stated above. A Client making an online reservation is invited to notice and click on the icons and information links throughout the reservation process, to assure themselves of the content of their request and their reservation.
The Client or the Guest is invited to visit the Website, contact the Hotel or ask at the Hotel reception about the terms of the ancillary services provided, or those in addition to overnight stays.
The T&Cs, Rates and other terms and conditions for the Rooms and hotel services offered by the Company are produced for the Rooms’ primary use and purpose, i.e., overnight stays. The Company reserves the right to refuse reservations or interrupt non-compliant Room stays or use, or to offer other Room rental terms or conditions for other purposes such as filming, photography shoots, interviews and showrooms.
Check in/Check out. Guests may check in from 3pm on the day they are due to arrive and must vacate the room at the latest at midday on the day of departure. Past this deadline, an additional night will be invoiced at the Rate in force at the time.
Relocation. In cases of force majeure, an exceptional event that cannot blamed on the Client or the Guest or a technical issue at the Hotel making it impossible for Guests to stay, the Company will do everything in its power to offer alternative accommodation, if possible in a hotel of the same standing as the Hotel. The Company will meet the additional fees incurred due to the relocation. Force majeure means any event beyond the control of the party that owes the obligation, which could not have been reasonably provided for at the time the contract was entered into, and the effects of which cannot be avoided through appropriate measures, which prevents the performance of the obligation. If such prevention is temporary, the obligation is suspended unless the delay in performance justifies termination of the contract. If the prevention is definitive, the contract is terminated as of right and the parties are released from their obligations. Besides the case of force majeure, the Company is not responsible for the failure to perform the services or the poor performance of the services when this is due either to the Client or the Guest or to unforeseen and unavoidable circumstances brought about by a third party. The Client alone must bear the additional fees incurred to continue their trip further to the occurrence of such events. In all cases, the Client, having accepted and effectively benefited from the relocation solution offered by the Company, waives their right to any compensation or claim in respect of the impossibility of staying at the Hotel and the consequences thereof.
3 – RATES
Rates are in euros, per Room and per night, for double occupancy, excluding breakfast, unless expressly indicated otherwise. Reductions cannot be requested for single occupancy. Rates include service and taxes, except tourist taxes and additional taxes (charged by the région or département), which will be added and indicated when the reservation is made, before any payment or confirmation via communication of bank details (see article 4 – RESERVATION). Any changes to the applicable tax or rate or the introduction of a new tax or regulation concerning taxes will be passed on in the price or the final amount invoiced to the Client or the Guest.
The current Rates are displayed in the Hotel reception and on the Website, or can be sent by email if the Client makes a special request to the address booking@sinnerparis.com or, exceptionally, by telephone. Rates are subject to change at any time and without warning until a reservation is confirmed, unless otherwise stated in a quote specifically drawn up for the Client.
Rates may vary depending on the date of the stay (season, day of the week, etc.). The Company may also propose Offers or special or one-off Rates for an event, special occasion or any other reason at the discretion of the Company.
The terms and conditions specific to each Rate (particularly cancellation policies) can be viewed online on the reservation form and platform and in the Hotel reception, or can be sent by email if the Client submits a request to the address booking@sinnerparis.com, or, exceptionally, by telephone.
Rates offered to Clients by intermediaries must be the same as the Rates displayed publicly by the Hotel on the Website or reservation platform or at the Hotel.
During certain periods, the stay must be pre-paid and is not refundable if cancelled. In all other cases, at the time the reservation is made and in order to confirm it, the Client is asked to provide a reservation guarantee in the form of a pre-authorisation charge by providing the details of a valid bank card in the name given for the reservation (cardholder’s name, bank card number, expiry date and cryptogram) via a secure link sent by the Company or directly on the online reservation platform. Pre-authorisation charges are not taken by telephone. A maximum of one euro will be debited to ensure the card is valid. The Company only acknowledges the reservation either upon full pre-payment of the stay by bank transfer or debit or credit card (or in cash if the reservation is made at the Hotel), or upon receipt and validation of the card details provided by the Client and the pre-authorisation charge.
When the Guest checks in upon arrival at the Hotel, a pre-authorisation will also be requested to guarantee their stay (including, for instance, accommodation services, drinks, additional services or other company services, and damages if necessary), for an amount ranging from one night to the entire stay.
The pre-authorisation amount may be increased if the Guest extends their stay, depending on the duration of the additional stay, in order to confirm and guarantee the reservation.
When the Rate chosen by the Client for their reservation is subject to full pre-payment of the stay, or when a one-euro pre-payment is required for the reservation (or order), the payment is binding on the Client.
In all cases, the Company sends the Client an email containing the reservation details, which equates to the firm and final confirmation thereof.
4 – PAYMENT TERMS
The Client or the Guest must pay for the stay in full, including services and goods not included in the reservation and booked by the Client or the Guest during the stay, less any pre-payments already made, if applicable, directly to the Hotel, at the latest upon the Guest’s departure and the return of the Room. The Room keys must be left at the Hotel reception, unless the parties agree otherwise. An invoice is handed to the Client or the Guest setting out all the services performed.
Means of payment. The Company accepts payment:
– in cash (in euros only), only if paid at the Hotel, 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 Hotel, on the reservation platform accessible via the Website, or by 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 from the Client sent to booking@sinnerparis.com (all bank transfer fees are to be paid in full by the Client or the Guest making the payment).
The Company does not accept payments by cheque, chèques-vacances [travel vouchers] or travellers cheque.
Pre-payments can be made using one of the above payment methods. The balance must be paid at the end of the stay in cash, by bank card or, exceptionally, by bank transfer subject to special agreement of the Company.
Gift Vouchers. EVOK COLLECTION Gift Vouchers must be used and disclosed at the time the reservation is made and in accordance with the information on the Voucher. Gift Vouchers cannot be used unless they are disclosed to and validated by the Company in advance, to confirm the reservation.
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, notwithstanding 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 already made to the Company, the latter will have discretionary power to cancel the reservation or offer to any Client or Guest that makes such a request to make a new reservation by making a new payment. The Client or the Guest is liable to the Company for any fees and charges incurred as a result of the payment incident.
(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.
5 – COOLING-OFF PERIOD – CHANGES – CANCELLATION – TERMINATION
Absence of a cooling-off period. There is no cooling-off period for accommodation services at the Hotel and the other ancillary services or goods (property transport services, car rental or other leisure activities, for example) 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 as per the terms and conditions of the Rate chosen by the Client. These terms and conditions can be consulted on the booking form published on the Website, given to the Client directly at the Hotel reception, or shared by email if the Client sends a request to the address booking@sinnerparis.com and are, in any case, brought to the Client’s knowledge before the reservation is made subject to payment or by sending their details and accepting a pre-authorisation charge. They can also be found in the reservation confirmation email sent to the Client. Unless otherwise stated, the reservation can be changed or cancelled free of charge until 24 hours before the reservation (on an hour-by-hour basis), i.e., until 3pm (local time) the day before arrival.
(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 stay, 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, regardless of whether they are staying overnight at the Hotel. In this case, the Company will invoice or, if a pre-payment was made, retain the full cost of the reserved stay.
Financial terms and conditions of the cancellation. In the event of a cancellation of a stay or a termination of a reservation by the Client or the Guest that does not comply with the terms and conditions set out in the Rate, which includes the Guest’s failure to arrive at the Hotel on the arrival date stated at the time of reservation without any communication from the Guest or the Client regarding the postponement of the date of arrival, the reservation will be considered as having been cancelled and the contract terminated in all of its provisions. The first night will be invoiced and debited as per the pre-authorisation provided, including if the Guest postponed their date of arrival during their stay without cancelling the first night in line with the terms and conditions of the Rate. If a pre-payment was requested and made, the Company will retain it in full.
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 (C) at the latest within 14 days of the cancellation. No other amount will be added in respect of this termination for any reason whatsoever, without prejudice to the rights of Clients who have the capacity of consumers to receive damages. Articles L. 214-1 of the French consumer code and 1590 of the French civil code are expressly set aside.
6 – GUEST BEHAVIOUR AND LIABILITY
Generally, Guests are required to keep their personal belongings safe, to refrain from leaving them unattended anywhere on Hotel premises outside their Room and, when they leave the Room, to ensure it is shut and locked. Each Room is equipped with a safe, locked with a code chosen by the Guest. Guests are strongly encouraged to use the safe and are required to place their valuable belongings inside it. Guests are also invited to avoid, whenever possible, bringing belongings and possessions to the Hotel that are clearly superfluous, useless or inappropriate for a trip to or a stay at a hotel.
The Company will not accept any liability in the event of the theft, loss or other disappearance of or damage to these possessions if the Guest has been negligent or careless or when the latter has disregarded the security instructions provided by the Company in the T&Cs and in any other communication or display, particularly at the Hotel itself.
Guests are liable for all damage, deterioration and acts of vandalism that occur to both movable and immovable property in the Hotel or its outbuildings, regardless of whether they belong to the Hotel, during a stay at the Hotel. If appropriate, the Company may ask the Guest to leave the Hotel before the end of their stay. The Client and the Guest are jointly and severally liable for the amount of their full stay as well as damages for the harm suffered.
Guests shall refrain from inviting any person who behaves in a way likely to be detrimental to or cause disruption to the Hotel or to the clients, regardless of whether they are Guests, in or likely to be in the Hotel or its outbuildings. In all cases, Clients and Guests are accountable for the consequences of the wrongful conduct of people they may have invited into the Hotel.
7 – INTELLECTUAL PROPERTY RIGHTS
Clients and Guests are expressly informed that the Hotel and its various spaces 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 product managers and creators. Clients and Guests 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.
8 – HANDLING COMPLAINTS
The Client or the Guest must send any and all complaints by post to SINNER – Service Client – 116, rue du Temple– 75003 Paris, France or by email to booking@sinnerparis.com within 15 days of the end of their stay at the Hotel, 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 15 days after the stay 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.
9 – 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 contact@sinnerparis.com
10 – PERSONAL DATA
11 – STORAGE OF CONTRACTS ENTERED INTO ELECTRONICALLY (C)
When a reservation contract is exclusively entered into electronically (via the online reservation form on the Website, or 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 SINNER – Service Client – 116, rue du Temple – 75003 Paris, France or by email to booking@sinnerparis.com, specifying their name and contact details.
12 – 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 reservations, 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, the quote or 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.
1 – GENERAL PROVISIONS
SINNER (hereinafter the “Company”) is a société par actions simplifiée [simplified joint-stock company] with capital of 6,571,968 euros, with registered offices at 116, rue du Temple – 75003 Paris, France, registered with the register of trade and companies of PARIS under No. 824 561 310 and with intracommunity VAT No. FR30824561310 – Tel.: +33 (0)1 42 72 20 00 – website: www.sinnerparis.com (the “Website”) – email: contact@sinnerparis.com or restaurant@sinnerparis.com.
It operates the SINNER Hotel (hereinafter the “Hotel”), located at the same address and comprising, in addition to rooms designed for overnight stays, a restaurant (hereinafter the “Restaurant”), a cocktail bar and a spa 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 catering services between the Company and one or more people reserving a table at the Restaurant (hereinafter the “Client”) or effectively benefiting from these reservations or receiving these services (hereinafter the “Beneficiary”). The person effectively visiting the Restaurant, 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.
The T&Cs apply to all reservations and services, whether booked directly with the Restaurant, or with the Hotel for the Restaurant, or via the Website (online booking tool operated by a third party company, Sevenrooms), by email exchange with the Company (restaurant@sinnerparis.com) or via a third party (reservation platform or centre, travel agency, etc.).
For tables of more than 7 people, group conditions may apply, depending on the reservation period; the Client will be invited to consult the Company in this regard; unless otherwise stated by the Company, the T&Cs will remain applicable.
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 the Restaurant services, including these T&Cs and the Charte de Traitement des Données Personnelles [personal data charter].
2 – SERVICES
The Restaurant’s menu, including dishes and prices, can be consulted on the Website or at the entrance to the Restaurant, as well as the Restaurant’s opening times. It is handed to the Guests at the table.
However, the Restaurant’s menu is regularly renewed and may change at any time, depending on the season, the market availability and the supplies available. Although the Company endeavours to update the Website as much as possible, the menu displayed at the entrance to the Restaurant or handed to the Guest at the table may therefore differ from that consulted on the Website. The availability of the dishes on the menu provided in the Restaurant cannot be guaranteed throughout the service, given the Restaurant’s supply requirements and the unpredictability of demand for different services.
The photographs of the dishes published on the Website or any other advertising materials of the Restaurant are for informational and illustrative purposes only and are not legally binding.
Certain dishes or menus may be served under certain conditions: dinner or lunch service, minimum number of guests or all guests at the table, for example.
Drinks are never included in the menus and are always priced separately. The wine and food pairing, where applicable, is a separate additional service to be added to the price of the menu with which it is offered.
The Restaurant endeavours to warn about the presence of products likely to cause allergies or intolerances. However, the Client and the Guest are invited to provide as much information as possible about the Guests’ allergies or intolerances at the time of reservation, and at the latest, when the order is taken.
The origin of beef, lamb, pork and poultry, as well as the origin and designation of wines, are indicated on the menus distributed or displayed inside the Restaurant.
Guests are also invited to consult the Charte Ethique – Ambitions pour un meilleur avenir du groupe [Ethical Charter – Ambitions for a better future for the group] to find out about the philosophy and sourcing policy of the EVOK group and its establishments, including the Restaurant, and their commitment to human and social rights and the environment.
The Restaurant is subject to the rules governing public houses. Minors under the age of 16 may not be admitted unless they are accompanied by their fathers, mothers, guardians or any other person over the age of 18 who is responsible for or supervises them. The sale of alcoholic beverages to minors is prohibited. The Restaurant is entitled to require the Guest to provide proof of their majority.
3 – PRICES
Prices are quoted in euros. They include consumption, services and taxes. Any changes to the applicable tax or rate or the introduction of a new tax or regulation concerning taxes will be passed on in the price or the final amount invoiced to the Client or the Guest. They are subject to change at any time and without warning. The prices in force for a given service are shown on the menu displayed at the entrance to the Restaurant and on the menu handed to the Guest at the table or displayed inside the Restaurant at the time of service, from 11:30am for lunch and 6pm for dinner. Prices can also be consulted on the Website, subject to the aforementioned changes to the menu and Website update.
Availability of tables. The Client is invited to consult the type and availability of the Tables for the desired date on the Website, by sending an email to restaurant@sinnerparis.com, by telephoning the Restaurant or by visiting it in person.
The Company and the Restaurant endeavour to communicate information pertaining to Table availability as best possible and as early as possible, but this is subject to change at any time. Table availability is only confirmed and guaranteed upon receipt of a reservation confirmation email from the Company.
The T&Cs and the personal data charter are available on the Website. They can also be sent to the Client by email if expressly requested from restaurant@sinnerparis.com or as a hard copy on request at the Restaurant reception. The reservation and the order imply unqualified acceptance of the T&Cs and the personal data charter.
Reservation terms. A bank guarantee is required for all reservations, provided via the reservation platform (operated by Sevenrooms), or via a 3DSecure link sent by email from the Company to the Client. In the event of no-show or cancellation within eight hours of the reservation (on an hour-by-hour basis), a cancellation fee per cover will be applied and charged to the aforementioned bank guarantee; the amount of the fee is specified when the reservation is made, before the Client provides their bank details. Reservations are only taken into account by the Restaurant once the Client’s bank details have been validated. In all cases, the Company sends the Client an email containing the reservation details, which equates to the firm and final confirmation thereof. In the event of a 15-minute late arrival at the Restaurant without notice, the Company may cancel the reservation. If the Client or the Guest has a Gift Voucher they wish to use for the reservation, they must disclose it at the time the reservation is made in accordance with the instructions and terms of use indicated on the Voucher.
5 – PAYMENT TERMS
The Client or the Guest pays for all consumption directly to the Restaurant at the end of the meal, after deduction, where applicable, of an EVOK COLLECTION Gift Voucher disclosed and validated with the Company at the time of reservation. No Gift Voucher may be taken into account by the Restaurant unless it has first been disclosed to and validated by the Company with a view to reservation, in accordance with the terms of use indicated on the Voucher.
Means of payment. The Company accepts payment:
– in cash (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 Restaurant. The Company accepts the following bank cards: Visa, Mastercard, American Express, Diners Club and JCB;
– by EVOK COLLECTION Gift Voucher as described above.
The Company does not accept payments by cheque, chèques-vacances [travel vouchers] or tickets restaurant [meal vouchers].
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; 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 already made to the Company, the Client and the Guest are jointly and severally liable to the Company for any fees and charges incurred as a result of the payment incident.
6 – COOLING-OFF PERIOD – CHANGES – CANCELLATION – TERMINATION
Absence of a cooling-off period. There is no cooling-off period for catering services referred to in these T&Cs, which must be provided on a specific date or during a specific period.
Changes and cancellation by the Client. Reservations can be modified or cancelled by the Client as per the terms and conditions agreed at the time of reservation. These terms and conditions can be consulted on the reservation form published on the Website, or sent directly to the Client upon request to restaurant@sinnerparis.com and are, in any case, brought to the Client’s knowledge before they provide their bank details. They can also be found in the reservation confirmation email sent to the Client. Unless otherwise stated at the time of reservation,
– this can be cancelled by the Client free of charge until eight hours before the reservation time;
– in the event of no-show or cancellation within eight hours of the reservation (on an hour-by-hour basis), a cancellation fee of 50 euros per cancelled or no-show Guest will be payable and deducted from the bank guarantee.
(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 right to cancel the reservation, or bring it to an end, in the event of the Client’s or the Guest’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 Restaurant or the Hotel; this cancellation will give rise to the payment of cancellation fees under the conditions set out in the paragraph “Changes and cancellation by the Client”, without prejudice to any other damages.
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, where applicable; no other amount will be added in respect of this termination for any reason whatsoever, without prejudice to the provisions of paragraphs (C) above of this Article 6. 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
Guests are required to ensure the security and integrity of their belongings and not to leave them unattended. Guests are also invited to avoid, whenever possible, bringing possessions and belongings to the Restaurant or the Hotel that are clearly superfluous, useless or inappropriate for their experience at the Restaurant. No liability is incurred by the Company in the event of the theft, loss or other disappearance of or damage to these belongings. Clients and Guests are liable for all damage, deterioration and acts of vandalism that occur to both movable and immovable property in the Restaurant, the Hotel or its outbuildings, regardless of whether they belong to the Hotel, during their visit at the Restaurant. If appropriate, the Company may ask the Guest to leave the Restaurant before the end of their meal. The Client and the Guest are jointly and severally liable for the amount of the damages for the harm suffered.
8 – INTELLECTUAL PROPERTY RIGHTS
The Client is expressly informed that the Hotel, the Restaurant and their various spaces 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 product managers and creators. Clients and Guests 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 SINNER – Service Client – 116, rue du Temple – 75003 Paris, France or by email to restaurant@sinnerparis.com no more than eight days after their visit to the Restaurant that gave rise to the complaint, detailing the date and time (lunch or dinner) of the service, their details, and the email addresses, postal addresses and telephone numbers the Company can use to reply to them. 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 Client or the Guest 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 their 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 contact@sinnerparis.com.
10 – PERSONAL DATA
11 – STORAGE OF CONTRACTS ENTERED INTO ELECTRONICALLY (C)
When a reservation contract is entered into electronically (via the online reservation form on the Website, or 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 SINNER – Service Client – 116, rue du Temple – 75003 Paris, France or by email to restaurant@sinnerparis.com, specifying their name and contact details.
12 – APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION
Applicable law. French law is alone applicable to the relationship between the Company and the Client / Guest as regards the offer, formation, performance or discharge of the reservations and 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 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.
1 – GENERAL PROVISIONS
SINNER (hereinafter the “Company”) is a société par actions simplifiée [simplified joint-stock company] with capital of 6,571,968.00 euros, with registered offices at 116, rue du Temple – 75003 Paris, France, registered with the register of trade and companies of PARIS under No. 824 4561 310 and with intracommunity VAT No. FR30824561310 – Tel.: +33 (0)1 42 72 20 00 – website: www.sinnerparis.com (the “Website”) – email: contact@sinnerparis.com or spa@sinnerparis.com
It operates the SINNER 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 Sinner 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 Sinner 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 bath and 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. 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.
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. The Spa (including treatments) is only open to people over the age of eighteen.
Pets are not allowed in the Spa areas.
Opening hours. The Guest is invited to consult the timetables displayed at the entrance to the Spa or to enquire at spa@sinnerparis.com.
Shop. To extend the Spa experience, the products used during the treatments and swimming costumes are available for sale at the Spa. See the EVOK – Boutique General Terms and Conditions of Sale.
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@sinnerparis.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 an EVOK COLLECTION Gift Voucher disclosed and validated with the Company at the time of reservation. No Gift Voucher may be taken into account by the Spa unless it has first been disclosed to and validated by the Company with a view to reservation, in accordance with the terms of use indicated on the Voucher.
Means of payment. The Company accepts payment:
– in cash (in euros only), only if paid at the Hotel, 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, on the reservation platform accessible via the Website, or by secure payment link (VAD). 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 from the Client or the Guest sent to spa@sinnerparis.com (all bank transfer fees are to be paid in full by the Client or the Guest making the payment);
– by a valid EVOK COLLECTION Gift Voucher disclosed to the Company by the Client or the Guest at the time of reservation as described above.
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 referred to in these T&Cs, 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, more than 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.
(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 stay, 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 provisions of paragraphs (C) above of this Article 5. 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 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 Sinner 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 SINNER – Service Client – 116, rue du Temple – 75003 Paris, France or by email to spa@sinnerparis.com within eight days of the end of the service, detailing the dates of the session, 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 15 days after the stay 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 contact@sinnerparis.com.
11 – PERSONAL DATA
12 – STORAGE OF THE CONTRACT ENTERED INTO BY EMAIL (C)
When a reservation contract is 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 SINNER – Service Client – 116, rue du Temple – 75003 Paris, France or by email to spa@sinner.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 reservations, services and orders, and more generally of these general terms and conditions 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, the quote or these general terms and conditions.
(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.
