General conditions of sale
The website www.nomad-hotels.com was created by NOMAD HOTELS, a Public Limited Company listed in the French Trade and Companies Register under no. RCS BREST 794 237 909 having their registered office at 5 rue Colbert, 29 200 BREST and with Intra-Community VAT no. FR 16 794 237 909.
Preamble
NOMAD HOTELS SA operates the website www.nomad-hotels.com (hereafter referred to as ‘the Website’), which is the hotel booking website of NOMAD HOTELS Group.
The website allows rooms to be reserved in the hotels belonging to NOMAD HOTELS Group.
Rooms can also be reserved using a mobile device (on mobile sites and on mobile applications).
The customer confirms that they have obtained all the information needed on the website from NOMAD HOTELS S.A.
Any reservation made on the website or using a mobile device means that the individual making the booking has fully understood and accepted the general terms and conditions of sale and sales conditions for the reserved rate.
The customer shall be asked whether they agree to these general terms and conditions of sale and the rates at the time of booking; reservations cannot be made without this agreement. The customer has the right to save and edit these general terms and conditions by using the standard functionalities of their computer or internet browser.
The website includes the following information:
• legal notice, enabling NOMAD HOTELS S.A to be accurately identified, as well as their company name, address where they are based, email address, telephone number, company headquarters, their individual ID number subject to VAT, and, if it is not the same as the company address, the address of the establishment responsible for the offer.
• main features of the offered accommodation (hotel facilities can be viewed at the reservation stage depending to the hotel selected)
• additional services offered
• prices
• payment methods
• general terms and conditions of sale and sales conditions for the reserved rate
• validity of the offer and its price
• minimum validity period of the proposed contract, if applicable
• accepted payment methods
The main features of the accommodation being booked, as well as its price and availability, are all shown on each page of the website during the booking process.
Prior to booking the services, the customer declares that their booking is for personal use.
The customer has specific rights, which will be called into question if they book the accommodation for purposes relating to their business, industry, manufacturing or employment activities.
All the information available on the website is shown in French, as well as several other languages.
The customer declares that they are fully able to legally commit to these terms and conditions.
Definitions
The terms used in this document are defined as follows:
‘Acknowledgement of receipt’:
An email sent by www.nomad-hotels.com to the customer, summarising the reservation made by the customer and confirming that www.nomad-hotels.com has received the reservation.
‘Booking confirmation’:
A digital document summarising the services which have been reserved by the customer online, as well as the customer’s bank card number, if this has been entered for the purposes of a pre-payment or deposit. Once the booking confirmation has been received, the customer is bound by the contract.
‘Customer’:
Any individual acting in their own personal or professional interests (provided that these are not linked to the hotel business).
‘Consumer’:
Any individual acting for purposes which are outside those of their business, industry, manufacturing or employment activities.
‘Email’:
Any message, whether in text, voice, sound or image format, sent by a public communication network and stored on a network server or on a piece of equipment belonging to the recipient, until the latter receives it.
‘Reservation request’:
A request to reserve a hotel room, submitted by the customer via mobile or internet services.
‘Partners’:
Providers of services available at www.nomad-hotels.com, and in particular, tour operators, car rental companies, train and plane ticket providers.
‘Online reservation’:
Reservation of hotel rooms by submitting an online reservation form on the NOMAD HOTELS S.A. website, available at www.nomad-hotels.com.
‘Service’:
Reservation of hotel rooms of which the main features are shown on the website www.nomad-hotels.com.
‘Mobile services’:
The group of services and protocols which make it possible to connect mobile terminals to the internet and, in particular, enabling individuals to browse and reserve the hotel services supplied by NOMAD HOTELS S.A.
‘Website’:
Electronic service operated by NOMAD HOTELS S.A. on the internet, available at www.nomad-hotels.com.
Subject
These general terms and conditions set out the rights and obligations of the parties when remotely booking the services offered on NOMAD HOTELS S.A.’s website.
They govern all the steps required by the contracting parties during the reservation and after the reservation.
The customer confirms that they are aware of and have accepted these general terms and conditions of sale and the sales conditions for the reserved rate, which are available on the website.
These general terms and conditions also include the policy on personal data protection for customers. By accepting these general terms and conditions, the customer expressly accepts the provisions of this policy.
Scope of application
These general terms and conditions of sale apply to all reservations made online.
Duration
These terms and conditions of sale apply for the entire length of time that NOMAD HOTELS S.A.’s services are shown on the website.
NOMAD HOTELS S.A. reserves the right, without giving notice, to temporarily or permanently shut down to their website or its online reservation pages.
Reservation
The customer makes a selection from the services presented on the website.
The customer confirms that they are aware of the nature, the purpose and the methods of reserving the services on the website and that they have requested and obtained the necessary and/or additional information required to make the reservation in full knowledge of the facts.
On the website, customers may reserve a maximum number of five (5) rooms per person, for their own personal use. The same goes for reservations made on a mobile device. For reservations for business groups, meetings, seminars, etc., please contact us on +33 (0)178 901550 (from abroad),
The customer is solely responsible for selecting the services they wish to reserve and for ensuring that these services meet their needs. As a result, NOMAD HOTELS shall not be held responsible in this regard. Once the reservation process is complete, the booking is deemed as being accepted by the customer.
Reservation process
The customer can reserve a room by using the online reservation form available on the website or on a mobile device.
A room is deemed as being ‘reserved’ once NOMAD HOTELS S.A. has received the reservation form, reservation request or upon online pre-payment by bank card.
Prior to any reservation, the customer shall provide the information required on the reservation form or request.
The customer confirms that the information they have submitted is true and accurate.
The following key steps are included in the reservation process:
Step 1: select a hotel
Step 2: select the dates for your stay
Step 3: select the number of rooms
Step 4: select the type of each room
Step 5: select additional options of each room
Step 6: collect customer’s details
Step 7: select reservation type
Step 8: check the details of the reservation, the total price and the applicable sales conditions. For online reservations only, make any necessary changes to your selection (room, price, option selected).
Step 9: enter bank account details if a guarantee or pre-payment is requested
Step 10: accept the sales conditions for the reserved rate before validating the reservation
Step 11: customer validates the reservation
Confirm receipt of the reservation
The website shall confirm receipt of the customer’s reservation by sending them a receipt of the reservation via email.
For online reservations, the emailed receipt provides a summary of the contract offer, the services reserved, the price, the sales conditions relating to the selected rate (accepted by the customer), the reservation date, information relating to after-sales services, as well as the address of the hotel vendor’s premises to which the customer should address any complaints.
Customer services
For any complaints relating to your hotel reservation, our customer service centre is open Monday through Friday from 8:30am to 8pm (French time) and can be reached using the following telephone numbers: 0805 321010 (from France) and +33 (0)178 901550 (from abroad),
Email: contact@nomad-hotels.com
Postal address:
Nomad Hotels
Service Clientèle Réservation
5 rue Colbert
29200 Brest – France
Cancellation or changes made by customer
Customers are reminded, pursuant to Article L. 121-21-8 12° of the French Consumer Code, that they do not have the right of withdrawal stated in Article L. 121-21 of the French Consumer Code.
The sales conditions for the reserved rate specify how to cancel and/or change the reservation.
Prepaid reservations cannot be changed or cancelled. Payments made in advance, as a deposit, will not be reimbursed. This will be stipulated in the sales conditions for the rate.
Where the sales conditions for the reserved rate allow:
- the reservation can be cancelled directly on the website, under the ‘my account’ tab
- changes to the reservation can be made directly with the hotel, whose telephone numbers are stated on the reservation confirmation sent by email.
If a customer has to leave before completing their full stay, the agreed price will be paid in full. Customers will not be reimbursed for a prepaid reservation.
Unless expressly stated otherwise, the customer must vacate the room before 12 noon on the last day of their reservation. Failure to do so shall result in the customer being charged for an extra night.
Staying at the hotel
Pursuant to the regulations in force in certain countries, customers may be asked to complete a guest registration form on arrival at the hotel. For this reason, customers will be asked to show proof of identity to ascertain whether or not they need to complete the guest registration form.
For hygiene reasons, pets are not allowed in our hotels.
The customer agrees and undertakes to use the room in a responsible manner. Any inappropriate behaviour will result in the hotelier asking the customer to leave the building without any compensation and/or without any reimbursement if payment has already been made. If payment has not been made, the customer must pay for the nights spent already at the hotel before leaving the building.
Some NOMAD HOTELS have their own rules and regulations for customers. The customer accepts and undertakes to abide by said rules and regulations. If the customer fails to abide by any of the provisions of these rules and regulations, the hotelier will be obliged to ask the customer to leave the establishment without any compensation and/or any reimbursement if payment has already been made.
Our hotels provide WIFI access, so customers are able to connect to the internet. The Customer shall ensure that none of the digital resources provided by the Hotel are used, in any way, for the purposes of reproduction or representation, and that none of the materials protected by copyright or related rights, such as texts, images, photographs, musical and audiovisual works, software and video games are made available or communicated to the public without authorisation from the copyright holders, as stated in books I and II of the Intellectual Property Code, where such authorisation is required.
If the customer does not adhere to the abovementioned obligations, this may be perceived as an infringement of copyright regulations (Article L.335-3 of the Intellectual Property Code), which is punishable by a €300,000 fine and three years’ imprisonment.
The customer also agrees to adhere to the security policy of the Hotel’s internet provider, including the conditions of use for the security measures, to prevent the illegal use of digital resources. The customer shall also refrain from committing any act that could jeopardize the effectiveness of these measures.
Guarantees
The customer shall receive a contractual guarantee applicable to the service.
Liability
The photographs shown on the website are for information purposes only. Although every effort is made to ensure that the photographs, graphic images and text used to illustrate the displayed hotels provides as accurate an impression as possible of the accommodation offered, differences may exist, particularly as a result of any change in furniture or renovation.
NOMAD HOTELS S.A shall not be held responsible for the non-fulfilment or inadequate fulfilment of the reservation in the event of a force majeure, actions of third parties such as unavailability of the internet network, lack of access to the website, external intrusion, computer virus, or in the event of non-authorised prepayment from the cardholder’s bank.
Hyperlinks may link to websites other than the NOMAD HOTELS S.A. website. The latter shall not be held responsible for the content of these sites or the services featured on them.
Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for any reason attributable to the customer will lead to cancellation of the order at the customer’s expense, without prejudice to any civil or criminal action that may be brought against the customer.
Complaints
Complaints regarding failure to execute or the poor execution of hotel services must, under penalty of foreclosure, be made known to NOMAD HOTELS S.A. in writing within 8 days from the customer’s departure from the hotel. Complaints should be made out to the hotel directly or to the Customer Services address indicated above.
Price
Prices pertaining to the reservation of services are indicated before and during the reservation. The prices shown are per room for the number of people and the date(s) specified.
The prices are confirmed to the customer as a tax-inclusive amount in the hotel’s commercial currency, which may sometimes differ from the hotel’s local currency. These prices are only valid for the period stated on the Website.
If payment to the hotel is made in a currency other than the currency confirmed on the reservation, the conversion fees will be charged to the customer.
All reservations, regardless of their origin, are payable in the hotel’s local currency, unless indicated otherwise at the hotel.
Unless specified otherwise, additional services (i.e. bar food, snacks, etc.) are not included in the price.
Tourist tax, shown on the rates page, shall be paid on-site directly to the hotel, with the exception of online prepayments where this amount may be included.
Prices take account of the VAT applicable on the day of the reservation and any change to the applicable VAT rate will automatically be reflected in the prices shown on the billing date.
Any change to or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices shown on the billing date.
Foreign currency conversions are given as guidance only and are non-binding. Only the currency confirmed the time of reservation is guaranteed (if this currency is different from the one used at the hotel, the conversion fees will be charged to the customer).
If the quoted rate states that payment is to be made on arrival at or departure from the hotel, and the customer’s currency is not the same as the hotel’s, the rate charged by the hotel may be different to the rate that was indicated when the booking was made. The new rate will take account of any changes in exchange rate that have occurred between the date the booking was made and the dates of the hotel stay.
NOMAD HOTELS S.A. shall indicate the total order amount when the customer confirms the reservation.
Prices may be increased by different taxes depending on the city/country. The customer agrees to pay these different taxes, without challenging NOMAD HOTELS S.A.
Certain promotional offers available online are sold exclusively on the website, i.e. they cannot be bought at the hotel itself.
Payment
Unless under special conditions or if the customer has received a special rate, customers shall provide their bank details as a guarantee of the reservation.
They shall use a credit card or loyalty card for this purpose (Visa, MasterCard, etc. depending on the hotel selected), indicating the following information in the area provided for this purpose (secure entry by SSL encryption): the card number without spaces, its expiration date and the card security code, in order to make the pre-payment via the Ogone/Ingenico Payment Services platform.
Payment is debited at the hotel during the customer’s stay, unless under special conditions or if the customer has received a special rate whereby the payment is made at the reservation stage (online pre-payment on certain rates). This pre-payment is classified as a deposit. Where the rate is not prepaid online, the hotel can request that the customer provides a deposit or allows them to debit the credit card upon arrival. This allows the hotel to guarantee that amounts corresponding to services used at the hotel are paid.
In the event of a no-show (reservation not cancelled – customer did not arrive) when the reservation is guaranteed by bank card, the cost of the first night will be debited as a fixed indemnity from the card specified by the customer in the reservation guarantee. Any additional nights which have been booked shall be cancelled and payment for these shall not be taken unless otherwise indicated in the sale conditions for the reserved rate.
NOMAD HOTELS S.A. has chosen OGONE/ Ingenico Payment Services (Payment Service Provider) to secure card payments made online. The validity of the customer’s payment card is verified by Ogone/ Ingenico Payment Services.
Payment cards may be refused for a number of reasons: stolen or blocked card, credit limit reached, incorrect details entered. In the event of a problem, the customer should contact their bank first and then contact the hotel to confirm the reservation and payment method.
At the time of prepayment, the amount debited for the reservation includes: the price of the accommodation, taxes relating to the accommodation, the price of catering if breakfast is selected, taxes relating to catering and any other additional services selected by the customer.
If a rate is subject to online prepayment, the amount paid in advance (the deposit) is debited when the reservation is made.
Some hotels can generate invoices electronically, in which case the original version will be certified and available online as soon as the reservation has been made.
Respecting personal privacy: personal data protection policy
On any forms collecting personal data, obligatory or mandatory data is marked by an asterisk.
If information is identified as obligatory but not provided by the customer, NOMAD HOTELS S.A. will be unable to register the booking or handle complaints relating to the latter.
Processed information is intended for NOMAD HOTELS S.A., its subsidiaries, its partners, its service providers (particularly for online payment providers) and their hotels. These may be outside of the European Union.
Under pre-contractual measures for the purposes of room reservation or the execution of the contract, the hotel may receive data on customers’ identity, personal and professional life (such as their marital status and occupation), and economic and financial information, in particular for the purposes of hotel reservations and handling complaints.
NOMAD HOTELS S.A. has obtained authorisation from French data protection authority the CNIL (declaration no. 1799384 V0 of 6th October 2014), allowing the former to keep customers’ data for the purposes of managing the hotel’s customer relationships, reservations, customer preferences and marketing and promotional offers.
The customer authorises NOMAD HOTELS S.A. to share their personal data with third parties if this is required for NOMAD HOTELS S.A. to be able to carry out its operations as stated in these terms and conditions and in line with the hotel’s data protection policy.
To be able to execute the hotel reservation contract, customers’ bank details must be transmitted to the hotel’s bank using the payment service provider Ogone, for online payments in particular. The customer consents to this transfer in order for the reservation to be made. Ogone /Ingenico Payment
Services have made a professional commitment to NOMAD HOTELS S.A. to ensure that all possible security and confidentiality assurance measures are taken during the aforementioned data transfers.
The customer has the right to oppose, without charge, the use of their personal data for canvassing purposes, in particular, those which are commercially-related.
They also have the right to access, correct and challenge their personal data, for legitimate reasons, by writing to contact@nomad-hotels.com.
It is very likely that NOMAD HOTELS S.A. will send its customers the company newsletter, promotional offers and a customer satisfaction questionnaire, via email, after staying at the hotel. The customer has the option of unsubscribing from these emails by clicking on the unsubscribe link at the bottom of each marketing email.
Cookies: storing information on how visitors browse the site
We use cookies on our website to store information about how you browse the site (the pages you have visited, the date and time you have visited these pages, etc.). We can use this information during your next visit to our website, to offer you a personalised browsing experience and deals that match your preferences.
This information is stored in your computer for an unlimited period of time. This cookie does not enable us to identify you personally.
You can disable cookies by changing your web browser settings as follows:
For Mozilla Firefox:
- go to ‘Tools’ in the menu bar then click on ‘Options’
- click on the ‘Privacy’ tab
- find the ‘Cookies’ menu and select the option you prefer.
For Microsoft Internet Explorer:
- go to ‘Tools’ in the menu bar then click on ‘Internet Options’
- click on the ‘Confidentiality’ tab
- click on the privacy level you want.
For Opera:
- go to ‘Tools’ in the menu bar then click on ‘Preferences’
- click on the ‘Advanced’ button then select the ‘Cookies’ tab
- click on ‘Manage Cookies’
- select the cookies to be removed.
Rates conditions
These sales conditions complete the General Terms and Conditions of Sale. We take this opportunity to remind you that the online rates shown at www.nomad-hotels.com are non-commissionable.
Agreement on keeping digital records
By entering the necessary bank details and accepting these general terms and conditions, as well as the reservation form or request, this constitutes an electronic signature equivalent in value to a physical signature between the parties.
The digital records kept in NOMAD HOTELS S.A.’s IT systems shall be retained under reasonable levels of security and considered as proof of communication, orders and payments between the parties.
The customer is hereby informed that their IP address is recorded at the time of reservation.
Relocation
If the chosen hotel is not available, or in the event of force majeure, the hotel has the option of relocating the customer (for all or part of their stay) to a different hotel of an equivalent standard for the same type of services, with any additional costs for the room, transport between the two hotels and one telephone call, being covered by the chosen hotel.
Force majeure
NOMAD HOTELS S.A. shall not be held responsible if the customer fails to carry out their obligations resulting from an event of force majeure. Cases of force majeure or unforeseen events are considered to be those which are normally recognised by the case law of the French Law Courts.
Settlement of disputes
NOMAD HOTELS S.A. informs the customer that the hotel may use a standard mediation process or any other alternative method in order to settle disputes, should any arise regarding these general terms and conditions.
Applicable low
These general terms and conditions of sale are governed by French law, without impeding any mandatory protection provisions which may be applicable in the consumer’s country of residence.
Entirety of agreement
These general terms and conditions of sale, the sales conditions for the rate reserved by the customer and the reservation form or request express the parties’ obligations in their entirety.
These terms and conditions override all general or specific conditions communicated by the customer.
The documents constituting the contractual obligations between the parties are, in order of priority; the reservation form or request (covering the specific conditions of the reserved rate) and these general terms and conditions.
In case of any discrepancies between the reservation form and the general terms and conditions, only the provisions on the reservation form shall apply for the obligation in question.
Development of/changes to the general terms and conditions of online sale
NOMAD HOTELS S.A. may change or add to these general terms and conditions of online sale at any time. In this case, the new version of the general terms and conditions of sale will be published online by NOMAD HOTELS S.A. Once published online, the new version of the general terms and conditions of online sale will automatically apply to all customers.
Customers should also consult the supplementary sales conditions related to each rate, room type or service type, which are shown on the price list.
Settlements of disputes
Customers are informed that they have the option of calling upon conventional mediation services, in particular the services provided by the Consumer Mediation Board (article L 534-7 of the Consumer Code), or services provided by existing sector-specific mediation authorities, or they may use any alternative method of settling disputes (arbitration, for example) in the event of disagreement.
If the dispute has not been settled amicably within a period of 60 days following referral of the claim to the hotel or to the customer services department, the customer may refer the claim to the Tourism and Travel Mediator in the case of hotels belonging to the Oceania Hotels or Escale Oceania brands. Contact details for the Mediator are as follows: Mr Jean-Pierre Teyssier, Médiateur Tourisme Voyage, BP 80303, 75823 Paris Cedex 17. Details of dispute referral procedures can be found at the mediator website www.mtv.travel