DISCOVER THE HOTEL
Updated: June 2023
These general terms and conditions of sale (“Ts &Cs”) apply to any booking and/or purchase made by a Guest (as defined below) on the website available at: www.midnighthotelparis.com (the “Website”).
The Website is published by Midnight (the “Hotel”).
The Guest may make a booking and/or purchase a Gift at one of the following hotels:
Terms used in the body of these Ts &Cs, including its preamble, and beginning with a capital letter, whether they are used in the singular or plural, shall have the meaning given to them below.
Ancillary Services: refers to the additional products and/or services offered to the Guest when booking a Hotel Accommodation Service (such as, for example, a bottle of champagne, flowers, etc.).
Beneficiary: means the person using the Gift.
Cancellation Policy: refers to the specific terms and conditions applicable to any change to and/or cancellation of a Wellness & Relaxation Service or of a Food & Beverage Service.
Confirmation Email: means the confirmation email sent to the Guest by the Hotel at the email address the Guest provided upon making the booking and/or purchase, recapping the Contract and the booking details (Services booked, Specific Terms and Conditions of Booking, the price and any possible taxes, the price of Ancillary Services, check-in/check-out times, rules applicable to the Hotel stay, booking dates, amount of the pre-authorization hold (security deposit) and/or details of the purchase made.
Contract: means these Ts &Cs, the Specific Terms and Conditions of Booking or the Cancellation Policy, as applicable, as summarized in the Confirmation Email. Food & Beverage Service: means the food and beverage service offered at the restaurant of the Hotel.
Gift: refers to (i) a Gift Voucher, (ii) a Gift Certificate and/or (iii) a Gift Box, as applicable.
Gift Certificate: refers to a document indicating the amount to be redeemed, the terms and conditions applicable to its use, the Hotel where it can be redeemed, the name of the Beneficiary, the validity number and period of validity. A Gift Certificate can be delivered by post in a Gift Box, or by email.
Gift Box: refers to the packaging used for a Gift Voucher or a Gift Certificate when sent by post. A Gift Box contains: (i) a Gift Voucher and/or Gift Certificate with a description of the service; (ii) a holder or box in which the Gift Voucher or the Gift Certificate is presented.
Gift Voucher: means the document setting out the offer, the Hotel, the validity number, the period of validity, the name of the Beneficiary and a description of how to take advantage of an offer at the Hotel. A Gift Voucher can be delivered by post in a Gift Box, or by email
Guest: means a natural person who is of age and has fully legal capacity to agree to these Ts & Cs, acting for his or her own personal purposes, and not as a sales agent, reseller, distributor or similar third party as regards all or some of the Services and/or Gifts. Hotel Accommodation Service: refers to the accommodation service provided by the Hotel, during the dates of the stay chosen by Guests under the terms and conditions set forth herein and/or on the Website.
Services: refers to the Hotel Accommodation Services, the Wellness & Relaxation Services, Food & Beverage Services and other Ancillary Services offered by the Hotel to Guests via the Website.
Specific Terms and Conditions of Booking: refers to the specific terms and conditions applicable to the booking, cancellation, no show, minimum number of persons, and amount of the pre-authorization hold (security deposit) for each Hotel Accommodation Service, which vary depending on the different periods in the season and on the Hotel, and which are available on the Website at the time of the booking and summarized in the Confirmation Email.
This Contract governs the contractual relationship between the Guest and the Hotel with which the Guest books and/or makes a purchase. The Ts & Cs are made available to the Guest on the Website for viewing at any time. The Guest has the possibility of keeping and printing a copy of these Ts & Cs using the standard features of its browser and/or computer.
These Ts &Cs shall prevail over any other document having the same subject matter, with the exception of the Specific Terms and Conditions of Booking and of the Cancellation Policy, which shall be controlling over these Ts &Cs in case of conflict.
The Contract expresses all of the obligations of the parties. No general or specific terms and conditions communicated by the Guest may be incorporated or added to this Contract.
The Website allows the Guest to book one or more Service(s) at the Hotel and/or purchase a Gift. The main characteristics of the Services and/or Gifts are described in this Website. The photographs provided on the Website are not contractual but indicative only.
Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel and/or Services and/or Gifts presented give as accurate a picture as possible of the services offered, variations may occur, specifically due to changes in furniture or possible renovations. If case of doubt or to obtain more information about the Services and/or Gifts, the Guest may contact the Hotel by email or telephone by clicking on the “Contact Us” link on this Website. Under no circumstance may the Hotel incurs any liability for any non-material errors that may occur in this connection.
The Website also provides information on:
The Guest may send a Gift Voucher or a Gift Certificate to a Beneficiary by email. To do so, when placing the order, the Guest chooses “send by email” by checking the corresponding box for delivery of the Gift Voucher or Gift Certificate in PDF format for downloading by the Beneficiary.
The Beneficiary needs to print it and present it the front desk of the Hotel to obtain the service. Only presentation of the original Gift Voucher or Gift Certificate received by post or printed from the email provides entitlement to the service. The Gift is valid for the period of validity indicated on the Gift Voucher or the Gift Certificate, subject to availability at the Hotel.
The Guest acknowledges that Gift services do not include transportation to the chosen Hotel where the service will be provided. In the event of failure to redeem the Gift Voucher or Certificate during its period of validity, or of the loss, theft or destruction of the Gift Voucher or Certificate, the Guest will not be entitled to any refund or compensation whatsoever. However, in case the Beneficiary is unable to redeem his or her Gift Voucher or Gift Certificate within the imparted period, the Guest is invited to contact the Hotel by clicking on the “Contact Us” link available on the Website.
By making a booking and/or purchase, the Guest is deemed to have read, understood and accepted these Ts &Cs in their entirety and withoutreservation. To make an online booking and/or purchase on the Website, the Guest must accept the Ts & Cs, the Specific Terms and Conditions of Booking or the Cancellation Policy, as applicable, accessible via a hypertext link, by checking the corresponding boxes. Without this acceptance, it will not be technically possible to continue the booking process. The Guest acknowledges being informed of the nature, intended use and conditions of booking of the Services and/or Gifts and having requested and obtained all necessary and/or additional information to make the Guest’s booking and/or purchase on a fully-informed basis. Additional checks can be made directly with the Hotel if necessary, by clicking on the “Contact Us” link
available on the Website. The Guest is reminded that it is the sole responsible for its choice of Services and/or Gifts and for ensuring their suitability with its needs, and that no claims may be made against the Hotel on this basis. It is expressly agreed between the parties that all bookings of a Service are nominative and can in no event be transferred to another person, in whole or in part, free of charge or in return for payment.
To book a Hotel Accommodation Service:
Once the Guest has booked a Service and/or ordered a Gift in accordance with Clause 4.1. above, the Guest will receive a Confirmation Email at the email address it provided. When a Service is booked, the booking will only be deemed final after payment has been made in accordance with Clause 6 of these Ts & Cs, except in case of a guaranteed booking via a pre-authorization hold (security deposit) pursuant to Clause 6.2.1.(i): in which case, the booking shall be deemed final upon receipt, by the Guest, of the Confirmation Email.
The Hotel will take an imprint of the Guest’s credit or debit card upon arrival (check-in) as a pre-authorization hold (security deposit) covering the total amount of the Services consumed during its stay and/or to cover any damage or deterioration incurred by the Guest. In addition, a pre-authorization will then be made on the debit or credit card.
Pursuant to Article L. 221-28 12 of the French Consumer Code, the Guest does not benefit from the right of withdrawal under Article L. 221-18 of the French Consumer Code for the Services contemplated hereunder.
Nothing in these Ts &Cs affects the exercise of the Guest’s right of withdrawal for the purchase of a Gift, without having to specify the reason, within a cooling-off period of fourteen (14) days from: (i) for Gift Boxes, the day when the Beneficiary, or a third party designated by the latter other, than the carrier, takes physical possession of the Gift Boxes, or (ii) for Gift Certificates or Gift Vouchers sent by email, receipt of the Confirmation Email.
If the Guest wishes to exercise its right of withdrawal, it needs to inform the Hotel of its decision by means of an unequivocal notice, sent before the expiration of the cooling-off period, by postal mail or by email to the address of the Hotel. To comply with the cooling-off period, it suffices for the Guest to send the notice of exercise of its right of withdrawal before the expiration of the cooling- off period.
The booked Services are exclusively subject to the condition of cancellation and/or change set out in the Specific Terms and Conditions of Booking for the Hotel Accommodation Services and in the Cancellation Policy for Wellness & Relaxation Services and for the Food & Beverage Services, and are recapped in the Confirmation Email. It is recommended that the Guest take out travel insurance corresponding to its needs.
Depending on the Specific Terms and Conditions of Booking or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, if applicable, all or part of the price of the booked Services, which will be deducted from the amounts paid in advance, if any, or debited from the amount of the pre-authorization hold (security deposit) (if the booking was not prepaid) with any possible cancellation fees not covered by the foregoing deduction being charged. The Hotel also reserves the right to put the relevant Service up for sale again.
Should the Hotel cancel performance of the Contract, the Guest has the right, if it is a consumer, to receive an indemnity payment equal to (i) the amount of any payment on account (“Acompte”) made.
In any event, in case of the interruption of the stay for any reason whatsoever ascribable to the Guest, including conduct incompatible with the rules of good conduct referred to in Clause 5.5, the Guest will be required to pay to the Hotel the full amount of the fixed price listed in the Confirmation Email, and no refund of any kind will be made on this basis.
In case of advance payment, this amount will be deducted from the amounts paid in advance. If no payment in advance was made for the Guest’s booking, the Hotel will debit the amount due from the amount of the pre-authorization hold (security deposit).
In case of no-show of the Guest on the scheduled booking date and time, the booking will be cancelled. Depending on the Specific Terms and Conditions of Booking or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, if applicable, all or part of the price of the booked Services, which will be deducted from the amounts paid in advance, if any, or debited from the amount of the pre-authorization hold (security deposit) (when no advance payment is made for the booking). The Hotel also reserves the right to put the relevant Service up for sale again.
Any booking or payment that is irregular, invalid, incomplete or fraudulent for reasons attributable to the Guest will result in the cancellation of its booking, without prejudice to any civile or criminal proceedings that may be brought against the Guest on this basis.
Depending on the Specific Terms and Conditions of Booking or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, if applicable, all or part of the price of the booked Services, which will be deducted from the amounts paid in advance, if any, or debited from the amount of the pre-authorization hold (security deposit) (when no advance payment is made for the booking). The Hotel also reserves the right to put the relevant Service up for sale again.
Any complaints concerning a purchase and/or non-performance or improper performance of the Services should, to facilitate their effective handling, be submitted to the Hotel in writing using the contact information provided in the “Customers Service” section of the Website.
In application of Article R.611-42 of the French Code of Entry and Residence of Foreigners, the Guest authorizes the Hotel to prefill an individual police form known as a “registration form” with the information provided by the Guest when making its booking. Upon arrival, the Guest will be asked to check that the pre-filled information is accurate before signing the form.
Pets may be welcome under certain conditions, at the discretion of the Hotel. For hygiene reasons, unless otherwise indicated by the Hotel, pets are not allowed in eating areas or, as applicable, at the swimming pool and beach. In any case and unless otherwise indicated, pets must be kept on a leash in the common areas of the Hotel.
Pets may not be left alone in the room or unattended when their owner leaves the premises of the Hotel. It is also necessary to ensure that they do not cause any damage to the room or its furnishings, or disturb the peace and quiet of other guests under any circumstances.
Children must be supervised by their parents or a responsible adult. the Guest also agrees to ensure that any children under its responsibility respects the peace and quiet of the establishment under all circumstances.
Wi-Fi is available to the Guest free of charge.
Illegal downloading is strictly prohibited and is the responsibility of Guests. The Guest is required to comply with the Hotel's security policy, including the rules governing the use of security measures implemented to prevent the illegal use of computer resources and to refrain from any action that could undermine the effectiveness of these measures.
The Guest agrees to ensure that the computer resources made available by the Hotel are in no way used for the purposes of reproduction, performance/display, making available or disclosing to the public of any works or items protected by an intellectual property right or by a related right without the prior authorization of the rightsholders of any content protected under the French Intellectual Property Code. The Guest agrees to hold the Hotel harmless from and against any third-party claim and/or complaint asserting a breach of an intellectual property right, and to bear all associated costs and damages.
In this respect, the Guest agrees to indemnify the Hotel for any loss, damages or costs (including reasonable attorney's fees and expenses) incurred by the Hotel in connection with any such claim, as well as any sums paid under settlement agreements and/or as awards of damages against the Hotel.
The Guest agrees to make reasonable and responsible use of its room and of the Hotel facilities, in compliance with the Hotel Code of Etiquette featured in Appendix 2, as well as the Directory of the Hotel. Accordingly, in case of any conduct contrary to accepted standards of behavior, the Hotel reserves the right to ask the Guest to leave the Hotel. In such case, the Guest will be liable for the payment to the Hotel of the agreed price indicated in the Confirmation Email, and will not be eligible for any refund or compensation whatsoever on this basis. In case of payment in advance, the price will be deducted from the amounts paid in advance. In case no payment in advance was made for the booking, the Hotel will debit the amount due from the amount of the pre-authorization hold (security deposit).
Surveillance measures are implemented by the Hotel. CCTV surveillance of the front desk and common areas of the Hotel is in place to ensure the safety and security of persons and property. Safe deposit boxes are available to Guests in the rooms. However, Guests are advised to exercise caution, especially with regard to items of high value.
As indicated above, safe deposit boxes are available in the rooms of the Hotel. In particular, it is recommended that Guests do not leave any valuables on display (especially in rooms and common areas).
Guests are responsible for the room(s) made available, as well as for its furniture and fixtures.
More generally, the Guest agrees to assume responsibility for the consequences arising out of any negligence, fault, or error on its part and for any direct or indirect damages, damage to persons or property or financial loss the Guest may cause to third parties or to the Hotel in connection with the Services.
In the event of damage or deterioration not declared before the Guest’s departure (check out), the Hotel reserves the right to charge the Guest for the cost of rectifying such damage or costs of special cleaning or replacement induced by such damage or deterioration, as well as any additional costs related to the unavailability of the room during this period.
For Hotel Accommodation Services, the price of the booking is per room, for the number of guests and dates selected plus, as applicable, any Ancillary Services selected by the Guest. For Wellness & Relaxation Services, the price of the booking is for the service selected by the Guest, at the date and time selected by the Guest and as per the terms recapped in the Confirmation Email.
The price of the Services is shown on the Website in the currency chosen by the Guest, which may not be the same as that of the Hotel. The Guest is responsible for any currency conversion fees its bank may apply.
The price of the Services is inclusive of all taxes, except for any possible taxes appearing in the Specific Terms and Conditions of Booking and recapped in the Confirmation Email (such as the tourist tax (or equivalent) or services charges), which are paid to the Hotel directly upon arrival.
The price of the Services only covers the services listed in the Confirmationn Email. Any Ancillary Services that may be provided by the Hotel during the Guest's stay and/or any Wellness & Relaxation Service not previously booked and paid for will be in addition to the price indicated in the Confirmation Email.
The Hotel makes every effort to ensure the accuracy of the prices of the Services displayed on its Site. However, in case of manifest error in price, the Hotel reserves the right not to provide any Services whose price is manifestly erroneous. In such case, the Hotel will inform the Guest of the error and, as the case may be, send the Guest a new Confirmation Email if it wishes to maintain its booking at the price actually applicable or else cancel the Services concerned and refund the Guest for any amount the Guest may have prepaid.
The Hotel may change the prices listed on the Website at any time without notice. However, the modified prices will only apply to bookings made after the new prices come into effect.
For Food & Beverage Service, there is no charge for booking on the Website and the price to be paid will depend on what the Guest consume.
The price of the Gifts is listed on the Website in Euros, tax included. The Hotel reserves the right to change its prices at any time. However, the price of the Gifts charged to the Guest will be that in effect when the Guest validates its order. Gifts remain the property of the Hotel until payment in full of their price.
Bookings can only be paid by credit or debit card or bank transfer. In accordance with the conditions set out in the Website and/or in the Specific Terms and Conditions of Booking, upon making the booking on the Website, the Guest will be asked to provide its banking information in order to (i) guarantee its booking of the Services via a pre-authorization hold (security deposit), or to (ii) prepay the Services before its stay. These terms of payment are recapped in the Confirmation Email.
(i) Guaranteed booking of Services If the Specific Terms and Conditions of Booking so provide, the Guest will not pay for the Services when booking them on the Website, but only provide its bank account information in view of a pre-authorization hold (security deposit). In this case, the Guest’s credit or debit card will not be debited at the time of booking on the Website and the Guest will pay for its booking directly at the Hotel. In case of no show, the Hotel will be entitled to charge cancellation fees and, if applicable, all or part of the price of the booked Services, which will be debited from the amount of the pre-authorization hold (security deposit), under the conditions set out in Clause 4.7 above.
(ii) Prepayment of the Services
Depending on the Specific Terms and Conditions of Booking, payment is made:
In the event that, whatever the cause (stop payment order, refusal of the issuing center, etc.), it is not possible to debit the sums owed, the booking will be immediately cancelled. The Guest will be informed by email at the address provided upon making the booking on the Website.
To keep a record of the transaction, the Guest shall save and print its payment receipt.
Gift orders can be paid using Visa, MasterCard, Union Pay or American Express. The total amount of the order will be debited upon validation of the Guest's order.
The Hotel brand, as well as all trademarks whether figurative or not and, more generally, all other trademarks, illustrations, images, and/or logotypes appearing on the Gifts, their accessories or packaging, whether registered or not (the “Brands”) are and shall remain the exclusive property of the Hotel or under license to the Hotel.
The Website and all the graphic, textual, visual and photographic elements contained therein, including in particular all illustrations, figurative or non- figurative trademarks, logos, images, designs, photographs, characters, texts, decors, modes of presentation, graphics or any other element of the Website (hereafter the “Content”) are and shall remain the exclusive property of the Hotel or under license to the Hotel and are protected by intellectual property rights in particular.
The Brands, the Website and/or its Content may not be modified, reproduced, performed/displayed, distributed, posted, marketed, incorporated in a derivative or other work, in whole or in part, in any medium whatsoever. In general, the Brands, the Website and its Content may only be used for the purpose of browsing the Website and, where applicable, to make a booking or place an order.
The use of all or some of the Brands, of the Website and/or of its Content, in particular via downloading, reproduction, transmission or performance/display for any purposes other than contemplated in these Ts & Cs is strictly prohibited.
Either party shall be released from any and all liability if such party’s non- performance of some or all of their obligations hereunder results from an event of force majeure within the meaning of Article 1218 of the Civil Code and case law from the French courts. It is specified, for all intents and purposes, that events of personal convenience are not considered as events of force majeure.
The Hotel invites the Guest to read these Ts &Cs carefully before each booking and/or purchase in case changes have been made. These Ts & Cs may be amended and/or supplemented at any time by the Hotel. In such case, the new version of the Ts & Cs will be posted online on the Website in an easy-to-read and user-friendly format to enable the Guest to easily access and read them. The Ts &Cs thereby modified/supplemented will take effect upon being posted online on the Website and will apply only to purchases and/or bookings made after they have been posted online; any purchases and/or bookings made prior to such posting being governed by the previous version of the Ts & Cs.
In any event, and particularly in the event of a dispute, the Hotel may produce electronic proof of the Guest‘s actions, validations and instructions, and in particular the entry of the required banking information, the electronic records kept in the Hotel's computer systems, as well as the content of messages and transactions with the Guest, using the connection logs, as the Guest hereby acknowledges.
Should any provision of this Contract be held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain valid, applicable and enforceable, unless otherwise provided in such jurisdiction. No failure by a party enforces any of its rights or remedies under these Ts &Cs against the other party shall operate as a waiver of its right to enforce any such right or remedy in the future.
No waiver shall be effective unless it is expressly stated to be a waiver and communicated to the other party in writing. Section headings are for information purposes only, in case of conflict between the headings and the content of the section, the content will control.
No failure by the Hotel to assert any of the provisions of the Contract shall operate as a waiver of its right to assert it subsequently. These Ts &Cs has been translated in the English language for convenience purposes only. In the event of any discrepancy, the French language version shall control.
13.1. The Contract is governed by and shall be construed in accordance with the laws of France, without prejudice to any overriding mandatory provisions of consumer protection law that may apply in the country of residence of the consumer.
Priority should be given to the amicable resolution of any dispute. In case of any dispute arising out of or in connection with the Contract, the Services and/or the Gifts, the Guest agrees to refer the matter, in priority, to the Customers Service of the Hotel as per the contact details below:
Address: 133 rue du Faubourg Saint Denis, 75010 Paris, France
Phone: +33 1 40 36 14 50
After having referred the matter to the Customer Service of the Hotel to attempt to resolve the dispute amicably, in the event of a negative response or no response from the latter within sixty (60) days from the date of the referral, the Guest may refer the matter to:
Association des Médiateurs Européens (AME)
Address: 197 Boulevard Saint Germain, 75007 Paris
Phone: +33 9 53 01 02 69
which will attempt, in a fully independent and impartial manner, to amicably resolve the dispute. The Guest is free to resort to mediation or not. In case of recourse to mediation by the Hotel, the Guest is also free to accept or refuse recourse to mediation. Once the mediator's decision is rendered, each party is free to accept or refuse the solution proposed by the mediator.
The Guest is also reminded that pursuant of Regulation (EU) No. 524/2013 of the European Parliament and of the Council dated May 21, 2013, they can access the online dispute resolution (ODR) platform at the following address: ec.europa.eu/consumers/odr
13.2. Any difficulties arising out of or in connection with the interpretation, performance or termination of the contract, or of these general terms and conditions of sale will be submitted, unless amicably resolved under the above conditions, to the exclusive jurisdiction of the competent courts of paris, including in case of summary proceedings, impleader or multiple defendants. Notwithstanding the foregoing, it is specified that the guest, where a consumer, may choose to bring any dispute either before the courts having territorial jurisdiction under the code of civil procedure, or before the courts of the place of residence of the consumer at the time of entering into the contract, or of the place in which the harm occurred, the foregoing in accordance with Article R. 631-3 of the French consumer code.
The Hotel is conceived as havens for guests to indulge in their beauty and that of their natural surroundings, in a pampering and tailored atmosphere. To ensure every guests’ privacy and tranquility is preserved, we ask guests and visitors to take notice of the Hotel’s Etiquette and comply with the following guidelines.
Any violation of the Hotel’s Etiquette would compel the Hotel Staff to make a report to the Hotel’s local and Central Management and could lead the Hotel to take corrective or preventive measures, including, depending on the nature and the gravity of the offence, restricting access to the Hotel (1) or submitting acceptation of future reservations to specific conditions such as full payment in advance.