Last update : 23/03/2023
|ANY USE OF THE SITE FOR ANY PURPOSE WHATSOEVER IMPLIES THE USER'S UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE.|
The website is published by Casper BidCo whose information is available here. (hereinafter "CASPER BIDCO" or "the Operator")
The terms mentioned below have the following meaning in these General Terms and Conditions of Use:
These General Terms and Conditions of Use (the "Terms and Conditions of Use") define the legal framework governing access to the website and mobile applications (the "Site") and their uses.
These Terms and Conditions of Use are in French and are intended to apply between Casper Bidco and any user wishing to access the Site and/or use the Services.
In this context, CASPER BIDCO acts as a mere technical intermediary. Its role is limited to hosting the offers proposed by the hotel companies on the Site and putting them in contact with the Users.
It is expressly stated that the hotel companies are professionals.
These General Terms and Conditions of Use do not govern the booking of a stay, which is governed by the General Terms and Conditions of Sale available here.
By accessing or using the Site, you agree to be bound by these General Terms and Conditions of Use. If you do not agree with these Terms and Conditions of Use, please do not access or use the Site.
The User thus undertakes to read these Terms and Conditions of Use carefully when accessing the Site and is asked to download them, print them and keep a copy.
These Terms and Conditions of Use are available at the bottom of each page of the Site by means of a hypertext link and can be consulted at any time.
By using the Site and the mobile applications, the User acknowledges that he/she has the necessary means and skills to use the proposed functionalities.
The equipment required to access and use the Site is at the User's expense, as are any telecommunication costs incurred by their use.
6.1. Content of the Operator's intervention as a mere intermediary
The Site published by CASPER BIDCO makes it possible to put in contact, electronically, hotel companies and Users for the reservation of stays.
CASPER BIDCO has no control over the booking of stays and does not intervene in the transaction between the hotel company and the User.
The booking contract is therefore concluded between the hotel company and the User, with CASPER BIDCO acting as a mere technical intermediary.
The information on the booking conditions and the hotel presentation sheets is prepared by the hotel companies.
CASPER BIDCO does not charge the hotel company or the customer for the connection.
The customer will pay for the reservation of his/her stay, and if necessary, for additional paid services related to his/her stay, directly to the hotel company.
These Terms and Conditions of Use do not, under any circumstances, confer on Users the status of employee, agent or representative of the Operator.
6.2. General pre-contractual information obligation: fairness, clarity and transparency
6.2.1. General provisions
As an online platform operator, CASPER BIDCO acts in a neutral, clear and transparent manner.
The Operator does not have any capital link or any legal dependency with any of the hotel companies listed on the Site which would influence the ranking or referencing of offers.
6.2.2. Financial transparency
In accordance with Article 242 bis of the General Tax Code, the Operator undertakes to:
Once your stay is over, you will receive a form by email to summarise your experience. You will be able to evaluate and describe what you liked during your stay in a hotel listed on the B&B HOTELS website.
Your review will then be published on the page of the hotel where you stayed. This way, you can share your comments with all Internet users.
For more details, you can consult the T&Cs dedicated to Accessible Notices here
The User can also give his/her opinion on his/her browsing experience on the Site. These opinions are collected via a pop-up window proposing that the user rate and comment on their browsing experience. These ratings and comments are stored in a tool and analysed to improve the online user experience. Such reviews will not be published on the Site.
8.1. General provisions
The website and mobile applications allow you, via a single online entry point, to access your past and future bookings, to book your room in any of the hotels listed on the B&B HOTELS website and to provide reviews, feedback and comments related to your stay in the hotels listed on the B&B HOTELS website. All offers, booking conditions and contracts relating to a hotel listed on the B&B HOTELS website are offered to you and are to be accepted from the hotel company of the hotel concerned, in accordance with the General Terms and Conditions of Sale of B&B HOTELS applicable for bookings made at a B&B HOTELS hotel. In the event of any contradiction or ambiguity between the provisions of these Terms and Conditions of Use and those of the applicable General Terms and Conditions of Sale with regard to their subject matter, the provisions of the General Terms and Conditions of Sale shall prevail.
The website and mobile applications also allow you to subscribe to the loyalty programme offered by our Site.
8.2. Ranking of offers
From the Site, the User can access the different offers for stay of the hotel companies.
The hotel companies' offers are ranked by default according to the following criteria:
When searching by city or point of interest, the hotels are sorted by distance from the location sought.
In the city pages, the order is decided by the countries.
Finally, the offers are ranked in order of price, with the cheapest always being offered first.
Upon voluntary action by the user, the ranking can be modified. The sorting function will allow you to classify hotels according to different criteria such as distance, cheapest price, best rating given by customers. The filter function will restrict the display of hotels according to criteria chosen by the User such as price range, facilities and services available, customer ratings or type of hotel. The hotels will appear in ascending order of distance for a given search, and the User can then select the option to sort by price. Then, the hotels will be listed in a personalised manner following the recommendations of an intelligent algorithm that will take into account the Customer's habits, prioritising their tastes according to their purchase history or browsing to facilitate their reservation on the B&B HOTELS website.
In order to access and use the Site or certain Services, you may be required to register with the Site and/or the Services in question. If so, please follow the instructions on your screen.
By using the Site, you acknowledge that:
In order to finalise the creation of your account or to access certain services of the Site, you will need to choose your password.
The password must meet at least these four conditions:
>minimum 14 characters
You are required to keep your password confidential.
The User shall be solely responsible for the use of his/her password or actions taken through his/her account.
In the event that a User discloses or uses his/her password in a manner contrary to its intended purpose, the Operator may delete his/her account without notice or compensation.
Under no circumstances shall the Operator be held responsible for the usurpation of a User's identity. Any access and action carried out from a User's account shall be presumed to be carried out by that User, insofar as the Operator is not obliged to and does not have the technical means to ensure the identity of persons accessing the Site from the account.
Any loss, misappropriation or unauthorised use of a User's password and the consequences thereof are the sole responsibility of the User, who must notify the Operator without delay by e-mail to the following address email@example.com.
The User may close his/her account at any time by sending an email to firstname.lastname@example.org provided that there are no current reservations. The Operator will send an email to the User confirming the closure of his/her account.
10.1. Obligations of Users
When using the Site, each User undertakes to not breach public order and to comply with the laws and regulations in force, to respect the rights of third-parties and the provisions of these Terms and Conditions of Use.
Each User is obliged to:
In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1881 relating to the freedom of the press, the User undertakes to not disseminate messages or information:
The User is solely responsible for his/her use of the Services.
10.2. Obligations of the Operator
The Operator's general obligation is a best efforts obligation. The Operator shall have no obligation to achieve a result or reinforced best efforts obligation of any kind.
The Operator undertakes to do everything in its power to ensure continuity of access to and use of the Site 24/7.
However, the Operator draws the attention of Users to the fact that current Internet communication protocols do not allow the transmission of electronic exchanges (messages, documents, identity of the sender or recipient) to be guaranteed in a certain and continuous manner.
Furthermore, in accordance with the provisions of Articles L.111-7 et seq. of the Consumer Code, as an online platform operator, the Operator undertakes to provide clear, transparent and fair information on the terms and conditions of its intervention.
Any User having the status of consumer can register free of charge on the BLOCTEL list of opposition to telephone canvassing https://www.bloctel.gouv.fr/
In accordance with law no. 2020-901 of 24 July 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when the canvassing takes place in the context of the performance of an ongoing contract and is related to the subject of the said contract, including when the consumer is offered products or services related to or complementary to the subject of the ongoing contract or likely to improve its performance or quality.
For the creation of the User's account, the collection of information at the time of registration on the Site is necessary and mandatory for the Operator.
When booking a hotel room or registering for the loyalty programme, the User is asked to provide personal data.
When using the mobile applications, geolocation data is also collected in order to offer personalised Services.
This data is processed in compliance with Law no. 78-17 of 6 January relating to information technology, files and freedoms and Regulation no. 2016-679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The User has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.
12.1. General provisions
With the exception of the content of the hotel companies, all rights, titles and interests related to the Site, its content, features, graphics, database, data and generally any information contained therein, including, but not limited to, all trademarks, copyrights, logos, trade names, illustrations, images, designs, are the sole and absolute property of the Site's publisher and/or its licensors.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
Acceptance of these Terms and Conditions of Use constitutes recognition by the User of the Operator's intellectual property rights and an undertaking to respect them.
12.2. Rights granted to you
The publisher of the Site grants you a personal, non-exclusive, non-transferable and free license to access and use the Site and its content in accordance with these Terms and Conditions of Use, for personal, non-commercial purposes.
You are not authorised to (i) reproduce, display, extract, adapt and/or translate the Site and/or its content or any part of its content, except as permitted under these Terms and Conditions of Use; (ii) make available to any third-party, directly or indirectly, the Site and/or its content or any part of its content; (iii) extract or re-use the content of the Site or any part of its content, in whole or in part, in any format or on any medium whatsoever; (iv) circumvent any protection or access restriction measures applying to the Site and/or its content or any part of its content.
For any use of the Site and/or its contents or any part of its contents outside the framework defined above, including, inter alia, for commercial purposes, you must obtain the prior written authorisation of the publisher of the Site. You are prohibited from using the Site and/or its content or any part of its content in an illegal, fraudulent, unacceptable or inappropriate manner. You may not use any automated means to use the Site and/or its content or any part of its content, including, among other things, the integrated databases.
12.3. Rights you grant
By uploading and posting content to the Site, you grant the publisher of the Site and its affiliates the non-exclusive, irrevocable, transferable, and royalty-free right to reproduce, represent, adapt and translate your content, which includes, without limitation: (i) copying your content by any means, known or unknown, such as, but not limited to, physical (paper), electronic, digital (including online); (ii) displaying or publishing your content on the Site or on any other medium, known or unknown, such as, but not limited to, physical (paper), electronic, digital (including online), and any other medium of dissemination; (iii) the adaptation of your content, which includes, without limitation, the right to modify, edit, incorporate your content, in whole or in part, into other works and/or create derivative works; and (iv) the translation of your content into any language or format. These rights are granted on a global scale, for the maximum period of protection of intellectual property rights set out under the applicable law and for any purpose, including, without limitation, for information, communication, marketing and advertising purposes.
You agree that you are not authorised to download or post any content that is governed by the intellectual property rights of a third-party, trade secret or any other proprietary rights of a third-party, unless you are the owner of such rights or have permission from the legal owner of the rights, or content that is deemed illegal under applicable laws and regulations, including, without limitation, any content that may (i) be defamatory or libellous, (ii) justify or deal with crimes against humanity, (iii) incite hatred based on ethnicity, gender, sexual identity or disability or encourage child pornography, (iv) provoke or promote acts of terrorism, (v) encourage any type of violence, including violence against women.
In general, and given the purpose of the Site, you agree to always behave ethically with respect to the content you download or post to the Site.
The Site incorporates content generated by Users, including you ("UGC"). This UGC may include, without limitation, notices, feedback, comments and other information related to such content. We are not responsible for the opinions expressed in this UGC. The opinions and other statements made by Users are theirs alone. The corresponding Users are solely responsible for the UGC. Its accuracy, completeness and reliability are neither guaranteed nor endorsed by the Site Publisher or its affiliates. You take full responsibility for your content and may be held liable in all respects for your content.
The Operator is solely the host of the said UGC.
14.1. General principles
The Operator declines all responsibility in particular:
In the event of abnormal use or illicit use of the Site, the User shall be solely responsible for any damage caused to third-parties and the consequences of any claims or actions that may result.
14.2. Links to third-party websites/offers
The Site may include hyperlinks to third-party websites or offers. These hyperlinks and third party offers are provided for information purposes only. We are not responsible for (i) the availability of such websites or third-party offers or (ii) the accuracy or reliability of their content. Unless we expressly state otherwise, we do not endorse these websites or third-party offers or their content.
14.3. Hosting status
Users acknowledge that the Operator acts as a host within the meaning of Article 6 I 2° of the law of 21 June 2004 on confidence in the digital economy, known as the "LCEN".
In this respect, the Operator reserves the right to remove any content that has been reported to it and that it considers to be manifestly illicit within the meaning of Article 6 I 2° of the LCEN.
Notification of manifestly unlawful content by a User or any other third-party must be made by:
In accordance with Article 6 I 5° of the LCEN, the notification, to be valid, must include the following elements:
14.4. Disputes between hotel companies and Users
It is specified that any request or complaint from a User relating to a booked stay must be addressed to the hotel company, which is solely responsible for the execution of the Sales contract.
The methods of settling disputes are freely determined by each hotel company.
The Operator shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these Terms and Conditions of Use is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation. If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of any of the above events, the Operator shall endeavour to inform the User as soon as possible.
Any question or complaint concerning the use of the Site and the Services offered may be made in the following manner:
The provisions of these Terms and Conditions of Use are severable. If any of these provisions become invalid, illegal or unenforceable, in whole or in part, they shall be severed and deleted to the extent required, and the remaining provisions shall remain in force. Your failure to exercise or enforce any right or provision of these Terms and Conditions of Use, or the Site Publisher's failure to exercise or enforce any right or provision of these Terms and Conditions of Use, shall not constitute a waiver of such right or provision.
These Terms and Conditions of Use apply to all Users browsing the Site.
The Terms and Conditions of Use may be modified and updated by the Operator at any time, in particular to adapt to legislative or regulatory changes.
The applicable Terms and Conditions of Use are those that are in force at the time of browsing the Site.
In such a case, you will be informed in case of modification by specific warnings published on the Site.
THESE TERMS AND CONDITIONS OF USE AND THE RELATIONSHIP BETWEEN ANY USER AND THE OPERATOR ARE GOVERNED BY FRENCH LAW.
In the event of a dispute arising between the Operator and a User concerning the interpretation, performance or termination of this Agreement, the Parties shall endeavour to settle it amicably.
In such a case, the User is first invited to contact the Operator's mediation service at the following address email@example.com.
If no agreement is reached, an optional mediation procedure will be proposed, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including its validity.
Pursuant to Article L. 616-1 of the Consumer Code, the Operator shall inform the consumer of the contact details of the consumer ombudsman to whom it is associated. The consumer user may thus contact the Tourism and Travel Ombudsman, whose contact details are as follows
- Postal address for referrals: MTV Médiation Tourisme et Voyage BP 80303 - 75823 PARIS CEDEX 17
- Email: firstname.lastname@example.org
- Information: http://www.mtv.travel
The Tourism and Travel Ombudsman may be contacted within twelve (12) months of the first complaint.
Consumers may also have recourse to the European Online Dispute Resolution Platform at the following address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The Party wishing to initiate the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
Since mediation is not compulsory, the consumer User or the Operator may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT.