Terms and Conditions

GENERAL INFORMATION

H1 is a Single-Member Limited Liability Company (SARLU), NIF : 3001865125, STAT Number : 56101 12 2014 0 01553, registered with the Trade and Companies Register of Antsirabe under number  RCS 2014 B 00046, with its registered office located at Lot II L 81 C Bis Ankorondrano (hereinafter referred to as 'H1')."

H1 operates and manages the website https://www.hotelh1-madagascar.com (a responsive website), which serves as an online hotel booking platform and offers other complementary services (hereinafter referred to as the 'Site'). To contact us : +261 38 09 171 91

1. PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms") aim to define the terms and conditions of the reservation services available on the website : https://www.hotelh1-madagascar.com (hereinafter referred to as the "Site"), through which HOTEL H1 enables its customers (hereinafter referred to as the "Client(s)") to benefit from a range of services, including reservation, as further described herein (hereinafter collectively referred to as the "Services").

Before making any reservation for a Service on the Site, the Client declares that they are acting for personal purposes that do not fall within the scope of their commercial, industrial, artisanal, professional, or agricultural activity, and that they have the full legal capacity to commit themselves under these General Terms.

The Client is invited to carefully read these General Terms, the prior acceptance of which is mandatory for the reservation of any Service offered on the Site. It is recommended for every Client to save and print these General Terms using the standard functionalities of their browser and computer.

The Client must also consult the specific conditions listed in the rate list, which are specific to each Establishment.

HOTEL H1 reserves the right to modify or supplement, at any time, all or part of these General Terms. In such a case, the new version of the General Terms will be available on the Site with its effective date. It is advisable for Clients to regularly consult the General Terms to be informed of any possible modifications. In any event, the Client will only be bound by the sole version of the General Terms in force at the time the Client makes the reservation.

These General Terms and Conditions are accessible at any time on the website and shall prevail, if necessary, over any other version or conflicting document. Unless proven otherwise, the data recorded in the hotel's computer system constitutes proof of all transactions concluded with the CLIENT.

The Client is solely responsible for paying for all technical means giving them access to the Site.

The choice and purchase of a Service are the sole responsibility of the CLIENT.

These conditions apply to the exclusion of all other conditions, particularly those applicable to other distribution channels of the Services.

The CLIENT declares having read these General Terms and Conditions and accepted them by ticking the box provided for this purpose before implementing the online booking procedure. The validation of the reservation of Services by the CLIENT constitutes acceptance without restriction or reservation of these General Terms and Conditions.

2. DESCRIPTION OF HOTEL H1 ACCOMMODATION SERVICES

HOTEL H1 offers on its Site reservation services for hotel rooms and complementary services to said Services.

The Site allows for the reservation of rooms in hotels operated under the HOTEL H1 brand (hereinafter collectively referred to as the "Establishments").

The essential characteristics, availability dates, price, options offered, payment conditions, and specific sales conditions applicable to the selected rate (cancellation conditions, check-in time, etc.) of the offered Establishments are presented during the reservation process as described in paragraph 3 below.

In this regard, it is specified that each Establishment has its own offers, products, services applicable to the selected rate, which are made known to the Client during the reservation process on the Site. Thus, for example, details may be provided regarding check-in and check-out times, cancellation deadlines, Wi-Fi access, specific conditions applicable to children, the eligibility of pets as long as they are kept on a leash or in a cage in the common areas of the establishment (for hygiene reasons, pets are never allowed in rooms and dining areas).

In accordance with the regulations in force in the country, the Client will be asked, upon arrival at the Establishment, to fill out a police form. To do so, the Client must present identification to allow the Establishment to conduct verification.

Upon arrival at the Establishment, the Client must sign the police form after ensuring the accuracy of the information that has been filled out and modifying it if necessary.

In the event that the Client refuses to fill out or sign the police form, it is acknowledged that the Establishment will be entitled to refuse to provide the reserved and prepaid accommodation to the Client, without the Client having the right to claim a refund from the Establishment.

3. RESERVATION PROCESS

3.1 RESERVATION OF HOTEL H1 SERVICES

The Client may make a reservation for Hotel H1 Services on behalf of one or more other person(s), up to a maximum of 3 (three) rooms in each Establishment. Beyond this limit, the reservation made by the Client must be requested via email to the relevant H1 Establishment. For reservations concerning business groups, meetings, seminars, etc., it is also necessary to contact the Establishment by email.

Any reservation is deemed confirmed upon the Client's click on the "finalize your reservation" page, and in the case of a prepaid reservation, on the "Pay" button.

For reservations concerning business groups, meetings, seminars, etc., it is necessary to contact the Commercial Service at the following contact details: +261 38 09 171 91 - contact@hotelh1-madagascar.com

3.2.1 The Reservation is made on the Site by the CLIENT. The CLIENT is solely responsible for the choice of Services and their suitability for their needs, so that the responsibility of the HOTEL cannot be sought in this regard.

3.2.2 In order to reserve one or more rooms on the Site, the CLIENT must indicate the desired arrival date, the number of nights and/or the desired departure date. They must also specify the accommodation details, the number of people included in the reservation, and accordingly select from the proposed rooms, considering the maximum capacity of each room.

If desired, the CLIENT may select one or more Optional Services from those offered. To confirm the reservation, the CLIENT must provide their personal details as well as their bank details and then click on the "VALIDATE" button.

3.2.3 The CLIENT agrees to provide the necessary information to confirm their reservation. They attest to the accuracy and truthfulness of this information. It is their responsibility to undertake the necessary verifications to ensure the accuracy of this information, particularly regarding the email address provided by them.

The online reservation of accommodation services by the CLIENT implies the full payment of the entire price at the end of the reservation process.

3.2.4 All occupants of the room must provide the front desk of the HOTEL with a copy of a valid identification document. In accordance with current legal regulations, every client, whether Malagasy or foreign national, must fill out an individual police form upon arrival.

3.2.5 Any refusal by the CLIENT to comply with these formalities may result in the cancellation, at their own expense, of their reservation. No compensation of any kind will be paid to the CLIENT.

3.2.6 Any reservation is deemed confirmed upon receipt of the reservation confirmation by the HOTEL at the email address provided by the CLIENT during the reservation process. A notification by email will be sent to the client 72 hours before the scheduled Check-In date, and cancellation will be possible 48 hours before the Check-In date without payment confirmation.

3.2 RESERVATION OF PARTNER SERVICES

HOTEL H1 enters into partnership and distribution contracts with third-party websites to allow the Client to search, select, and book rooms in various H1 Establishments on the partner website (hereinafter referred to as the "Partner Services").

Reservations made by the Client via Partner Services are made through the website and mobile services of each Partner. The reservation is made directly between the Client and the Partners, following the steps on the Partner's website and mobile services. The terms and sales rates applicable to these Partner Services are available on the Partner's own website.

4. PRICE AND PAYMENT

 4.1 PRICE

4.1.1 For Accommodation Services, the prices indicated are per room for the number of person(s) specified by the CLIENT and the selected date. The prices related to the reservation of Services are indicated before, during, and after the reservation.

 4.1.2 Upon confirmation of the reservation of a Service, the total price is indicated to the Client in Ariary (with equivalence in Euros or other currencies) and includes all taxes. It is valid only for the duration specified on the Site. The prices include the applicable VAT on the day of booking, and any changes to the VAT rate will automatically be reflected in the price indicated on the billing date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the price indicated on the billing date.

4.1.3 Unless otherwise stated on the Site, optional services (for example, breakfast, half board, full board, etc.) that are not offered at the time of booking are not included in the price.

4.1.4 The tourist tax and any applicable exchange fees are already included in the price.

 4.1.5 Finally, certain promotional offers are only available and sold on the Site and not at the hotel reception. 4.1.6 Please note that if a conversion of the currency confirmed on the reservation to another currency appears on the Site, it is provided for informational purposes only and is not contractual, especially considering the possible fluctuation of exchange rates between the booking date and the dates of stay at the Establishment. Based on the total price in Ariary, it is converted in accordance with the exchange rate of the day provided by the Central Bank of Madagascar.

4.2 PAYMENT

 4.2.1 Payment is made online only by credit card (VISA Master Card) or Mobile Money (MVola, Airtel Money). The Client provides their banking information directly in the designated area (securely encrypted by SSL), including the card number, without spaces between the digits, as well as the expiration date and the CVV code.

4.2.2 Invoices for any Optional Services not reserved online must be fully paid by the CLIENT upon presentation of the invoice(s) on the day of arrival or departure at the hotel reception.

 4.2.3 In case of non-payment by the due date, the client's reservation will be automatically canceled.

4.3 NO SHOW

In the event of the Client's non-appearance on the first day of their reservation for Accommodation Services, the Client's reservation will be entirely canceled, and the HOTEL will make the reserved Accommodation Services available for sale

The HOTEL will retain all sums paid by the Client at the time of their reservation. The Client will not be entitled to any refund or compensation of any kind.

4.4 GENERAL PROVISIONS

The Client provides their payment information to prepay the reservation before the stay, directly indicating, in the designated area (securely encrypted by SSL) when using a credit card, the credit card number, without spaces between the digits, as well as its expiration date and the CVV (Card Verification Value) via the payment platforms mentioned below.

H1 has chosen Cybersource/Mvola/Airtel Money to secure online payments by credit card and Mobile Money. The Client's payment card undergoes a validity check by these partners and may be refused for various reasons: stolen or blocked card, reached limit, input error, etc. In case of any issues, the Client should contact their bank on one hand, and the Establishment or any other entity on the other hand, to confirm their reservation of the Service and their payment method.

The online payment methods (VISA cards, Mobile Money) available and mentioned on the payment page of the Site may include Visa and Mastercard, Mvola, and Airtel Money. This list is subject to change.

In case of payment at the Establishment or any other entity, each Establishment or any other entity may accept different payment methods, but the Client must present the credit card used to guarantee the reservation or make the prepayment to the Establishment. The Establishment may also request identification for the purpose of preventing credit card fraud.

An invoice will be automatically sent electronically to the email address provided by the Client during the reservation; if the Client wishes to receive a paper invoice, they must expressly request it from the relevant Establishment. A hotel reservation certificate is available on the website for the client if needed.

Prepayment refers to any payment made by the Client at the time of booking. Once the prepayment is made, the Client receives a confirmation email of their reservation.

The amount debited during the reservation includes the total amount indicated at the time of booking (including all applicable taxes).

The actual debit of the reservation amount may require some processing time. If the reservation amount is not debited at the end of the processing period, the reservation will be canceled.

All reservations that have not been paid by the specified deadline will be automatically canceled by the Establishment.

The client will need to make a new reservation and proceed with payment so that the Establishment can process the reservation accordingly.

5. CANCELLATION OR MODIFICATION OF A SERVICE RESERVATION

5.1 RIGHT OF WITHDRAWAL

It is reminded to the client that there is no right of withdrawal on the accommodation service after payment. However, date modifications based on room availability can be made under the following conditions :

• More than 48 hours before check-in : Free modification.
• Between 24 hours and 48 hours before check-in : 30% of the invoice amount will be retained by the establishment, and the rest will be considered as a credit for a future accommodation.
• Less than 24 hours: The entire payment will be retained, and the client will not be entitled to any refund or modification.

6. ARRIVAL/DEPARTURE

In the case of Accommodation Services, unless expressly stated otherwise in the Specific Conditions, the Client must vacate the room of the Establishment before the time indicated by the Establishment, typically 12 :00 PM on the day of the end of the reservation. Otherwise, an additional night will be charged.

7. CLIENT'S OBLIGATIONS

7.1 The CLIENT is solely responsible for their choice of Services on the Site and their suitability for their needs, so that the responsibility of the HOTEL cannot be sought in this regard. The CLIENT is also solely responsible for the information provided at the time of booking a Service. In case of transmission of incorrect or fraudulent information, the responsibility of the HOTEL cannot be sought. It is reminded that only the CLIENT is responsible for the use of their account and any reservations made, both on their own behalf and on behalf of third parties, including minors, unless demonstrating fraudulent use not resulting from any fault or negligence on their part. Any information regarding any diversion or fraudulent use of their email address must be communicated to the HOTEL immediately.

7.2 The CLIENT agrees to use the Site and the Services offered therein in compliance with applicable regulations and these General Conditions. In the event of the CLIENT's failure to fulfill its obligations, their liability will be incurred for any damage caused as a result of this non-compliance suffered by the HOTEL or any third party. In this respect, the CLIENT undertakes to indemnify the HOTEL against all claims, actions, or recourse of any nature that may result from it and to indemnify it for any damages, costs, or any related compensation.

7.3 By making a definitive reservation of a Service, the CLIENT undertakes to pay the price and to respect the Specific Conditions relating thereto. Indeed, any reservation or payment that is irregular, ineffective, incomplete, or fraudulent for reasons attributable to the CLIENT will result in the cancellation of the Service reservation at their expense, without prejudice to any action that the HOTEL may take against them.

The CLIENT must not invite into the HOTEL any person whose behavior is likely to harm the latter.

The CLIENT must not bring into the HOTEL (rooms and common areas) beverages or food from external sources unless the HOTEL has clearly authorized it beforehand.

The HOTEL is a non-smoking area ; smoking is prohibited, including in the rooms, however, ventilated common areas are allowed.

The CLIENT must not disrupt the operation of the HOTEL and must not compromise its security or the safety of those present therein. The HOTEL reserves the right to intervene if necessary and to take appropriate measures against the CLIENT. Any behavior contrary to the provisions of the Internal Regulations and/or to safety and/or hygiene principles, to morality, and/or to public order may lead the HOTEL to ask the CLIENT to leave the establishment without any compensation and/or without any refund if payment has already been made. If no payment has yet been made, the CLIENT must pay for the services consumed before leaving the premises.

7.4 The CLIENT is responsible for all damages caused by them and/or their guests within the HOTEL and bears all costs incurred by these damages and/or by non-compliance with the aforementioned rules, without the CLIENT being entitled to any compensation/refund.

7.5 Any damage caused by the CLIENT to the room or to the common areas made available to them will be directly charged to them at the cost of replacement as new, including, if applicable and without limitation, cleaning fees and the cost of immobilizing the room.

8. MINORS

8.1 Minors can only stay in the HOTEL accompanied by an adult and must have their own personal identification. If the accompanying adult is someone other than the parents, they must have a parental authorization from the minor's parents. The HOTEL may request these documents.

8.2 Beyond 2 years old, a child is counted in the room's occupancy.

8.3 Within the HOTEL premises, minors remain under the supervision and responsibility of their legal guardian and/or accompanying adult. H1 establishments with swimming pools do not have a lifeguard and completely disclaim any incidents that may occur; only the accompanying adult will be held responsible.

9. INTERNET ACCESS

9-1 The HOTEL offers free WIFI access allowing the CLIENT to connect to the internet. The CLIENT agrees that the computer resources made available to them by the HOTEL are used only in accordance with the rights protected by intellectual property law, and particularly with respect to copyright. The CLIENT is also required to comply with the internet access provider's security policy of the HOTEL, including the rules for using security measures implemented to prevent the unlawful use of computer resources and to refrain from any act that may impair the effectiveness of these measures.

9-2 Internet service providers vary from one city to another for our establishments. The quality of service and any technical interruptions, beyond the control of H1, will not be its responsibility.

9-3 Internet access availability varies from one establishment to another. Some provide access to the rooms, while others limit access to the restaurant or reception. The CLIENT can consult this information on the website before making a reservation, under the specific conditions of each establishment.

10. PETS

For health and safety reasons, all animals are prohibited within the HOTEL premises. Any violation of this rule entitles the Establishment to refuse or expel the Client without the latter being entitled to a refund. Any damage caused by the animal will be charged to the Client.

11. ENGAGEMENTS AND RESPONSIBILITIES OF THE HOTEL

11.1 The obligation incumbent upon the HOTEL is one of means. This implies providing access to the website and services in accordance with these General Conditions, by acting diligently, competently, and making reasonable efforts to remedy any malfunction brought to its attention. However, the HOTEL may be required to temporarily suspend the website without notice, particularly for technical maintenance reasons, without incurring liability. The CLIENT acknowledges and accepts that the HOTEL cannot be held responsible for any inconveniences or damages related to the use of the Internet network, particularly in the event of poor transmission or reception of data, failure of receiving equipment, failure of communication lines, or malfunction of the Internet network impeding the proper functioning of the website and/or the reservation of services.

Hyperlinks may be present on the website, directing to other internet sites. The HOTEL disclaims all responsibility for accessing and the content of these sites, as well as the services offered therein. The photographs presented on the website and/or the catalog are not contractual. Although every effort is made to make them as representative as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or renovations. No claim can be made by the CLIENT in this regard.

11.3 All information regarding tourist, sports, and leisure activities in the vicinity of the HOTEL is provided by the Tourist Offices and is provided to the CLIENT for informational purposes. The HOTEL cannot be held responsible in the event that one of these activities no longer exists or does not operate during the stay.

12. FORCE MAJEURE AND RELOCATION

Neither party shall be liable to the other party for failure to perform its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the burden of the costs resulting therefrom. Cases usually recognized as force majeure by the jurisprudence of the Court of Cassation shall be considered as force majeure. If the force majeure event lasts for more than thirty (30) days from its occurrence, these General Conditions may be terminated by either party without either party being entitled to claim damages.

In the event of force majeure, the HOTEL may be obliged to partially or totally modify its services, both regarding accommodation and optional services. Services not provided will not be invoiced, but no compensation may be claimed by the CLIENT.

If it becomes impossible to make the reserved room available to the CLIENT due to exceptional circumstances, force majeure, or impossibility to provide the Service, the HOTEL will make its best efforts to accommodate the CLIENT fully or partially in a hotel with a rate and category that most closely matches the offer of the concerned Establishment, subject to the prior agreement of the CLIENT. All reasonable expenses related to this transfer shall be borne by the HOTEL.

13. CONTACT, CUSTOMER SERVICE, AND COMPLAINTS

13.1 The HOTEL's team is available to assist the CLIENT in booking services available on the website by phone, 7 days a week and 24 hours a day, at the numbers indicated for each establishment on the website.

 13.2 For any questions regarding a Service booked on the website, the CLIENT is invited to contact the HOTEL using the contact information provided on the reservation confirmation sent by email. 13.3 For any remarks and/or complaints regarding the booking of a Service on the Website, the HOTEL's Customer Service is at the disposal of the CLIENT

By electronic means, by sending an email to: contact@hotelh1-madagascar.com, in the "Contact" section. To facilitate the handling of complaints, it is advisable to address complaints to the customer service regarding the non-performance or improper performance of the Services in writing electronically within eight (8) days after the date of the Service's realization. In their interactions with the customer service, the CLIENT undertakes to remain courteous and not to make derogatory remarks, particularly towards the HOTEL, its group entities, or its employees or collaborators, in accordance with the rules of common sense and politeness. H1 reserves the right to take any appropriate action against the CLIENT in case of harmful or reprehensible behavior (including offensive, malicious, or insulting behavior) towards the HOTEL, its group entities, or its employees or collaborators.

14. PERSONAL DATA

The HOTEL implements all necessary measures to comply, notably ensuring the confidentiality and security of personal data transmitted by the CLIENT.

When the Client uses the Site, especially to make a reservation, the H1 group processes personal data in accordance with the "Personal Data Protection Charter". The mandatory or optional nature of the responses is indicated by an asterisk on the data collection forms. Failure to provide mandatory information may prevent HOTEL H1 from recording a reservation, managing participation in the loyalty program, and processing Client complaints.

The data collected during the reservation are intended for HOTEL H1, its entities, partners, service providers (including online payment service providers), and establishments for the execution of the reservation. If necessary safeguards are in place, the Client's data may be transferred to countries that do not provide an equivalent level of data protection according to their location.

To secure payment transactions, HOTEL H1 uses data processing to assess the risk of fraud. Security measures may be taken if results indicate a risk, such as requesting the use of another booking channel or another payment method. Fraudulent use of a payment method may result in the Client being registered in the incident file of the H1 group, leading to future payment blocks or additional checks.

The Client can exercise their rights regarding data protection at any time, as detailed in the "Personal Data Protection Charter". Failure to transmit data related to the Client's reservation prevents the completion and analysis of the transaction.

HOTEL may collect data, including through the use of cookies, in accordance with applicable law. A cookie is a computer file stored on the hard drive of the Client's computer. Its purpose is to indicate a previous visit by the Client to the website https://www.hotelh1-madagascar.com. The Client can disable the use of cookies by selecting the appropriate settings in their browser; however, such disabling may prevent the use of certain website features.

15. INTELLECTUAL PROPERTY

All elements of the website https://www.hotelh1-madagascar.com, including any editorial content, logos, images, photos, graphics of any nature whatsoever, are protected by copyright, trademark, or patent law. They are the exclusive property of the HOTEL. Therefore, any total or partial reproduction of elements from this site is strictly prohibited, unless expressly and priorly authorized by the HOTEL. It is also strictly prohibited to collect and use the information available on the site for commercial purposes.

16. MISCELLANEOUS

16.1 Entering the required banking information and accepting these General Terms and Conditions and the Specific Terms and Conditions electronically constitutes an electronic contract between the parties, which serves as proof between the parties of the reservation of the Service and the enforceability of the amounts due in execution of said reservation.

 16.2 The General Terms and Conditions and the Specific Terms and Conditions applicable express the entirety of the parties' obligations. No other condition communicated by the Client can be integrated therein. In the event of contradiction between the Specific Terms and Conditions and the General Terms and Conditions, the Specific Terms and Conditions shall be the only applicable ones for the obligation in question.

 16.3 If one or more provisions of the General Terms and Conditions are held to be invalid or declared as such under a law, regulation, or following a final and binding decision of a competent court, the other provisions shall remain in full force and effect.

 16.4 The governing language is French. If the General Terms and Conditions are translated into a foreign language, the French language shall prevail over any other translation in the event of dispute, litigation, difficulty in interpretation, or execution of these conditions and more generally concerning the relationship between the parties.

 16.5 The CLIENT acknowledges and agrees that HOTEL H1 may assign these General Terms and Conditions as well as all rights and obligations attached thereto, to any third party, without the prior written consent of the CLIENT. The CLIENT agrees that such assignment releases HOTEL H1 for the future. The CLIENT may not assign the General Terms and Conditions, nor the rights and obligations attached thereto to third parties without the prior written consent of HOTEL H1.

17. LAW APPLICABLE AND DISPUTE RESOLUTION

 17.1 The General Terms and Conditions are governed by Malagasy law.

 17.2 In the event of a dispute, the HOTEL and the CLIENT will attempt to resolve it amicably.

17.3 If amicable resolution fails, the competent court is that of Antananarivo.