Sales Policy

HÔTÂ HOTELS SA is a public limited company, registered in the Commercial Register of the Canton of Jura under the identifier CHF-233.772.122, with its registered office located at 8 rue de l’avenir in Delémont – Switzerland (hereinafter referred to as “HOTA HOTELS”).

HOTA HOTELS publishes and operates the websites hotahotels.com. HOTA HOTELS also acts as the “Manager” and “Franchisor” of Hota Hotels in Switzerland. The operating companies of the Hota Hotels listed below undertake to comply with the following general terms of service:

Quai de la Gare SA (Hota Hotel Saint-Imier)

La Beuchire SA (Hota Hotel Porrentruy)

The following terms and conditions (hereinafter referred to as the “General Terms and Conditions“) aim to define the terms and conditions under which HOTA HOTELS allows its customers (hereinafter referred to as the “Client(s)“) to benefit from all services, particularly reservation services, available on this Site and described more fully below (hereinafter collectively referred to as the “Services“).

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

The Client is invited to carefully read these General Terms and Conditions, the prior acceptance of which is mandatory for the reservation of any Service offered on the Site. It is advisable for every Client to save and print these General Terms and Conditions using the standard functionalities of their browser and computer. The Client must also consult the Specific Conditions listed in the tariff schedule, which are specific to each Establishment.

HOTA HOTELS reserves the right to modify or supplement, at any time, in whole or in part, these General Terms and Conditions. In such a case, the new version of the General Terms and Conditions will be available on the Site with its effective date. Clients are advised to regularly review the General Terms and Conditions to be aware of any possible modifications. In any case, the Client will only be bound by the current version of the General Terms and Conditions at the time of booking their Service.

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

2.1 HOTA HOTELS SERVICES

HOTA HOTELS offers on its Site (i) hotel room reservation services or other types of accommodations (“Accommodation Services“) (2.1.1) and (ii) complementary services to said Services (“Complementary Services“) (2.1.2). The Accommodation Services and the Complementary Services are hereinafter collectively referred to as the “HOTA HOTELS Services“.

2.1.1 ACCOMMODATION SERVICES

The Site allows the reservation of rooms in hotels or other types of accommodations operated under a HOTA HOTELS 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 (guarantee policies, cancellation conditions, check-in time, member rate conditions, etc.) of the Establishments offered are presented during the booking process as described in Article 3 below.

In this regard, it is specified that each Establishment has its own specific sales conditions applicable to the selected rate, also available on the Site (hereinafter the “Specific Conditions“), which are brought to the Client’s attention before any reservation on the Site. Thus, for example, the Specific Conditions may detail check-in and check-out times, guarantee policies, cancellation deadlines, Wi-Fi access, specific conditions applicable to children, pet eligibility (provided they are kept on a leash or in a cage in the common areas of the establishment, as animals are never allowed in dining areas for hygiene reasons).

In accordance with regulations in force in certain countries, the Client may be asked, upon arrival at the Establishment, to fill out a police form. To do so, the Client must present an identity document to allow the Establishment to verify if a police form needs to be completed by the Client.

Clients who have opted for the Online Check-in service declare their authorization for HOTA HOTELS and/or the Establishment to pre-fill the police form with the information provided to them during the reservation.

Upon arrival at the Establishment, the Client must sign the police form after ensuring the accuracy of the pre-filled information and after modifying it if necessary.

In the event that the Client refuses to fill out or sign the police form, they acknowledge being informed that the Establishment will be entitled to refuse them the provision of the reserved accommodation.

2.1.2 COMPLEMENTARY SERVICES

The Site also allows the reservation of Complementary Services, such as breakfast, a bottle of champagne upon the Client’s arrival, or the upgrade of Accommodation Services.

2.2 PARTNER SERVICES

HOTA HOTELS enters into partnership and distribution contracts with third-party websites (“Partners“) to allow the Client to search, select, and book rooms in Establishments of different brands distributed by HOTA HOTELS on the partner’s website (hereinafter the “Partner Services“).

The sales conditions applicable to these Partner Services are available on the Partner’s website.

The Client selects any Service presented on the Site or those of its partners by following the designated process.

3.1 RESERVATION OF HOTA HOTELS SERVICES

Reservations for HOTA HOTELS Services are made by the Client on the Site. The reservation process varies according to the Client’s navigation and request; it includes steps for booking stays with one or more Complementary Services.

Any reservation is deemed to be made upon the Client’s click on the “finalize your reservation” page, (i) in the case of a prepaid reservation, on the “Pay” button, or (ii) in the case of a reservation to be paid at the Establishment, on the “Confirm” button.

The Client may make a reservation for HOTA HOTELS Services on behalf of one or more other person(s), up to a maximum of 7 (seven) rooms. Beyond this limit, the reservation made by the Client will be subject to the conditions applicable to groups and available on hotahotels.com. For reservations concerning business groups, meetings, seminars, etc., it is necessary to visit the “Groups” section of the hotahotels.com Site.

3.2 RESERVATION OF 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 website and mobile services of the Partners.

4.1 PRICES

Prices related to the reservation of Services are indicated before, during, and after the reservation.

For Accommodation Services, the prices indicated are per room for the selected number of person(s) and date, unless otherwise specified in the Specific Conditions of each Establishment.

Upon confirmation of the reservation of a Service, the total price is indicated to the Client in VAT amount in the commercial currency of the Establishment (which in some cases may differ from the local currency of the Establishment) and is only valid for the duration indicated on the Site.

If the total price of the Service reservation is debited at the Establishment in a currency other than that confirmed on the reservation, currency exchange fees are borne by the Client. Note that if a conversion from the currency confirmed on the reservation to another currency appears on the Site, it is provided purely for indicative purposes and is not contractual, taking into account the possible fluctuation of exchange rates between the reservation date and the stay dates at the Establishment.

Unless otherwise stated on the Site, options (e.g., breakfast, half-board, full-board, etc.) not offered at the time of booking the Service are not included in the price.

The tourist tax, presented during the booking process of the Service, is to be paid directly on-site to the Establishment, unless in the case of online prepayment before the stay where this amount may be included. Prices include the VAT applicable on the day of booking, and any changes to the applicable 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 be automatically reflected in the price indicated on the billing date.

Finally, some promotional offers are only available on the Site and are sold exclusively online and not at the reception of the Establishment.

4.2 BEST PRICE GUARANTEED

If the Client finds a lower price elsewhere within 24 hours of booking on the Site and no later than 48 hours before the scheduled arrival date at the Establishment, HOTA HOTELS and/or the Establishments undertake(s) to match the lowest rate and offer(s) a discount of (i) 10%.

4.3 PAYMENT

4.3.1 General provisions

The Client provides their payment details either (i) for prepayment of the reservation before the stay, (ii) as a guarantee for the reservation, (iii) or as part of the online check-out procedure offered as part of the Online Check-in Service as described in paragraph 4.4 below, by directly entering, in the designated area (secure entry via SSL encryption) when it comes to a credit card, the credit card number without spaces between the digits, as well as its expiration date (it is specified that the credit card used must be valid at the time of the stay) and the CVV code as part of a prepayment via the payment platforms mentioned below.

HOTA HOTELS has chosen Worldline to secure online payments by credit card. The Client’s payment card is subject to validity checks by these partners and may be refused for several 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 method of payment.

The online payment methods (cards, wallets, etc.) available and mentioned on the payment page of the Site may include Visa and Mastercard, American Express, JCB, Diners, China UnionPay, Post Finance, ELO, Bancontact, Sofort, iDeal, Przelewy24, PayPal, Alipay, WeChat, Sharegroop, Banque Casino. 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 means of payment, but the Client must present to the Establishment the credit card that was used to guarantee the reservation or make the prepayment. The Establishment may also ask the Client to present an ID for the purpose of preventing credit card fraud.

An invoice will be sent in electronic format to the email address provided by the Client during their reservation; if the Client wishes to receive a paper invoice, they must expressly request it from the relevant Establishment.

4.3.2 Prepayment

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

The amount debited during the reservation includes the total amount indicated during the reservation (including all applicable taxes, except for tourist taxes for unclassified Establishments) and, if applicable, the price of options selected by the Client, as described in Article 4.1 above.

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

4.3.3 Bank Guarantee

The reservation guarantee by credit card refers to the collection of the Client’s payment data during the reservation. The Client’s credit card is not charged, and payment for the stay is made directly to the Establishment on the day of arrival or departure, depending on the Establishment, unless the Client does not show up at the Establishment and has not previously canceled their reservation according to the cancellation conditions of the reserved rate.

4.3.4 Pre-authorization

It is up to each Establishment to define the rules regarding pre-authorization.

If the Client has not prepaid their stay online, the Establishment may, on the day of the Client’s arrival, make a request for authorization (also called “pre-authorization”) from the Client’s bank on the credit card for an amount up to the reservation amount and a flat amount to cover any expenses or additional charges incurred by the Client on-site (breakfast if not included in the rate, restaurant, bar, tourist tax if applicable, etc.). This flat amount is determined by the Establishment based on the number of people and the number of nights reserved.

Example: 2 nights at CHF 150 + estimated CHF 50 for extras = authorization request for CHF 350.

The pre-authorization request is not an immediate debit but rather a reservation for subsequent payment, authorized by the Client’s bank, which temporarily reduces the credit card limit used to guarantee the possibility of subsequent debit. In some cases, depending on the Client’s bank, the pre-authorization request may appear as a pending debit on the bank account associated with the card used.

When the pre-authorization request has been activated and confirmed by the bank:

if the Client presents themselves to the Establishment, payment for the entire stay is made directly to the Establishment on the day of arrival or departure, depending on the Establishment, which then requests the release of the pre-authorization request from the Client’s bank. Any expenses or additional charges incurred by the Client on-site will be paid by the Client on the day of departure to the Establishment; if the Client does not show up at the Establishment on the first day of their reservation, the Establishment sends a debit request to the Client’s bank.

In rare cases, the pre-authorization request may result in a debit by the Client’s bank even before the actual debit occurs. In this case, the debit will not be made twice. Any remaining balance in favor of the Client will be automatically credited back to the Client by the bank.

If the reservation is canceled after the pre-authorization request has been activated in accordance with the cancellation conditions of the reserved rate, a cancellation request for the pre-authorization request is automatically sent to the cardholder’s bank. In rare cases, this cancellation may appear as a refund.

It should be noted that the release of the pre-authorized amount (or refund) usually takes twenty-four (24) to forty-eight (48) hours, but the delay can extend to seven (7) working days or more, depending on the cardholder’s bank.

To activate a pre-authorization request, the Client is asked to provide their credit card details as part of the reservation guarantee. The Client is informed in advance of the characteristics of the pre-authorization request. Credit card data is only retained by HOTA HOTELS’ payment service provider, as part of a strict policy on the security of banking data.

In case of pre-authorization, the Client may benefit from the Online Check-in service, which allows them to receive their invoice by email and simply drop off their keys at the end of their stay.

4.3.5 Client No-show

Unless otherwise provided in the Specific Conditions of each Establishment, in the event of a Client’s no-show on the first day of their reservation for an Accommodation Service, the Client’s reservation will be fully canceled, and the Establishment will put the reserved Accommodation Services back on sale:

In the case where the reservation subject to a no-show is a non-cancelable and/or non-exchangeable and/or non-refundable reservation, the Establishment will retain, as a deposit, the total amount paid by the Client during their reservation; In the case where the reservation subject to a no-show is a cancelable and/or exchangeable and/or refundable reservation guaranteed by credit card, the Establishment will debit the credit card provided at the time of booking for the VAT amount of the first reserved night. Additional nights (beyond the first night) will be canceled free of charge. The Client is informed that in such a case, the Establishment will put its rooms back on sale. The Client will not be entitled to any refund or compensation.

At the time of prepayment of a non-cancelable/non-exchangeable/non-refundable reservation, the deposit amount debited includes the total amount indicated during the reservation and, if applicable, the price of options selected by the Client, as described in Article 4.1 above.

4.4 ONLINE CHECK-IN SERVICE

To use the Online Check-in service, the Client must comply, without reservation, with the provisions set out in this article.

To facilitate and expedite the Client’s arrival and/or departure from the Establishment, HOTA HOTELS has implemented the Online Check-in service, a digital procedure allowing the Client to digitize their check-in, before their stay and provided that their reservation is eligible for this service.

The Client will receive, 48 hours before the scheduled arrival date at the Establishment, an invitation from the Establishment offering them the opportunity to benefit from the Online Check-in service.

For each Service reservation, the Specific Conditions specify the cancellation and/or modification terms of the reservation.

Reservations with prepayment cannot be modified and/or canceled. Deposits (prepaid amounts) will not be refunded. In this case, it is mentioned in the Specific Conditions.

When the Specific Conditions allow:

• Cancellation of a Service reservation can be done directly on the Website through the “View or cancel your reservation” section;
• Modification of a Service reservation can be done directly with the Establishment, whose contact details, including telephone, are specified on the reservation confirmation sent by email.

In the event of a Service interruption caused by the Client, the full agreed price will be charged. In the case of reservations with prepayment before the stay, no refund will be granted.

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

The Client is solely responsible for their choice of Services on the Site and their suitability for their needs, such that HOTA HOTELS cannot be held liable in this regard.

The Client is also solely responsible for the information provided at the time of creating their account and/or making any reservation of a Service. HOTA HOTELS shall not be liable for any incorrect or fraudulent information provided by the Client. Furthermore, the Client alone is responsible for the use of their account and any reservations made, whether in their own name or on behalf of third parties, including minors, unless they can demonstrate fraudulent use not resulting from any fault or negligence on their part. In this regard, HOTA HOTELS must be immediately notified of any misuse or fraudulent use of their email address, to the customer service whose contact details are provided in Article 9.

The Client agrees to use the Site and the Services offered therein in compliance with applicable regulations and these General Terms and Conditions. In the event of the Client’s breach of their obligations under these General Terms and Conditions, the Client is liable for any damages caused to HOTA HOTELS or third parties. Accordingly, the Client undertakes to indemnify HOTA HOTELS against any claims, actions, or lawsuits of any kind that may arise and to indemnify HOTA HOTELS for any damages, expenses, or any other compensation related thereto.

In particular, by making a definitive reservation of a Service, the Client agrees to pay the price and abide by the specific terms and conditions relating thereto. Specifically:

• 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 the Client’s expense, without prejudice to any action HOTA HOTELS may take against the Client;
• The Client must not invite into the Establishment anyone whose behavior is likely to harm the Establishment;
• The Client must not bring into the Establishment (rooms and common areas) any drinks or food from external sources unless expressly authorized by the Establishment in advance;
• The Client must not smoke as all HOTA HOTELS establishments are 100% non-smoking; meaning that smoking is prohibited within the Establishment, including in the rooms;
• The Client must not disrupt the operation of the Establishment or compromise the safety of the Establishment or the individuals therein;
• More broadly, any behavior contrary to public morals and public order within the Establishment as well as non-compliance with the Establishment’s Internal Regulations, will lead the manager of the Establishment and/or any other service provider to request that the Client leave the premises 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;
• Minors may only stay at an Establishment accompanied by an adult and with personal identification. If the accompanying adult is someone other than the parents, they must have parental authorization from the child’s parents. The Establishment may request these documents;
• The Client also undertakes to ensure that the computer resources made available to them by the Establishment (including the WiFi network) are not used in any way for the reproduction, representation, provision, or communication to the public of works or objects protected by copyright or neighboring rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code where such authorization is required. The Client must also comply with the internet service provider’s security policy of the Establishment, including the rules for using the security measures implemented to prevent the unlawful use of computer resources and refrain from any acts that may impair the effectiveness of these measures.

The Client is responsible for any damage caused by them and/or their guests within the Establishment and bears all costs incurred by such damages and/or by the non-compliance with the aforementioned rules. HOTA HOTELS reserves the right to intervene if necessary and to take any appropriate measures against the Client.

HOTA HOTELS undertakes, as an obligation of means, to provide access to the Site and the Services offered in accordance with the General Terms and to act diligently and competently, making every reasonable effort to remedy any malfunction brought to its attention.

However, HOTA HOTELS may find it necessary to temporarily suspend the Site without notice, especially for technical maintenance reasons, without this resulting in its liability.

The Client acknowledges and accepts that HOTA HOTELS cannot be held responsible for any inconvenience or damage related to the use of the Internet network, including, but not limited to:

• Poor transmission and/or reception of any data and/or information on the Internet;
• Failure of any receiving equipment or communication lines;
• Any malfunction of the Internet network preventing the proper functioning of the Site and/or the reservation of Services.

The Site may contain hyperlinks to other websites edited and managed by third parties for which HOTA HOTELS disclaims all responsibility for the content of these websites and the services offered therein. In this regard, it is specified that partners are responsible for promoting the offers displayed on their own websites. The decision to consult third-party websites is therefore the sole responsibility of the Client.

The Establishments are operated by legal entities separate from the company HOTA HOTELS.

None of the parties shall be held 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 expenses arising therefrom. Force majeure events are those typically recognized by the case law of the Court of Cassation. If the force majeure event lasts for more than thirty (30) days from its occurrence, these General Terms and Conditions may be terminated by either party without either of them being entitled to claim damages.

In the event of force majeure, exceptional circumstances, or impossibility to perform the Service, particularly to provide the room reserved in the Establishment to the Client, the Establishment may reserve the right to accommodate the Client, in whole or in part, in an Establishment of equivalent category or to provide a Service of the same nature, subject to the prior agreement of the Client. Reasonable expenses related to the transfer (any additional cost of the room, transportation, and a phone call) between the two Establishments shall be borne by the initially chosen Establishment.

To make a reservation for a Service available on the Site, the Client can contact the respective Hota Hotel between 7 a.m. and 10 p.m.

For any questions related to the proper execution of a Service booked on the Site (requests for additional information, modification, or cancellation of a reservation), the Client is invited to contact directly the concerned Establishment: the Establishment’s contact details are provided (i) in the email and reservation confirmation page and (ii) on the Establishment’s profile page on the Site.

For any comments and/or complaints regarding a reservation of a Service on the Site (complaints, non-performance, or improper performance of the Service), please contact the respective hotel.

To facilitate the processing of complaints, it is advisable to address complaints to the customer service regarding the non-performance or improper performance of the Services in writing within eight (8) days after the date of service completion.

In its dealings with the customer service, the Client undertakes to remain courteous and not to make derogatory remarks, especially towards HOTA HOTELS, the Establishments, the entities of its group, or its employees or collaborators, respecting the rules of common sense and politeness. HOTA HOTELS reserves the right to take appropriate measures against the Client in case of prejudicial or reprehensible behavior (especially unpleasant, malicious, or insulting) towards HOTA HOTELS, the Establishments, the entities of its group, or its employees or collaborators.

When the Client uses the Site, especially when making a reservation, HOTA HOTELS and the entities of the HOTA HOTELS group implement personal data processing as described in the “Personal Data Protection Policy” accessible on the hotahotels.com website.

The Client is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses and information by the presence of an asterisk.

Failure to provide information identified as mandatory may result in HOTA HOTELS being unable to record a reservation, manage the Client’s participation in the loyalty program, and handle the Client’s complaints.

Thus, the information collected as part of the Client’s reservation is intended for HOTA HOTELS, its entities, its partners, its service providers (including online payment providers), and the Establishments for the purpose of executing the reservation or taking pre-contractual measures. Once the guarantees provided by the applicable regulations have been put in place, the Client’s data may be transferred from Switzerland to countries that do not, from the perspective of the European Union, ensure an equivalent level of data protection.

In order to secure payment transactions, the entities of the HOTA HOTELS group implement a personal data processing specifically aimed at determining the level of fraud risk associated with each transaction. On this occasion, HOTA HOTELS and the Establishments may use the services provided by the HOTA HOTELS group’s risk prevention provider to refine their analysis. Depending on the results of the analyses conducted, the HOTA HOTELS group may take security measures, in particular requesting the Client to use another booking channel or another payment method. These measures will have the effect of suspending the execution of the reservation or, if the result of the analysis does not guarantee the security of the order, canceling it. The fraudulent use of a means of payment resulting in a payment default may result in the Client being listed in the HOTA HOTELS group’s incident file, which may lead the HOTA HOTELS group to block future payments or perform additional checks.

The Client may exercise at any time the rights he/she has under the regulations on the protection of personal data. All relevant information for this purpose is provided in the “Personal Data Protection Policy”.

The entry of the required banking information as well as the acceptance of these General Terms and Conditions and the Specific Terms and Conditions electronically constitute an electronic contract between the parties, which serves as evidence between the parties of the reservation of the Service and the enforceability of the amounts due in execution of said reservation.

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 may be integrated therein.

In the event of a contradiction between the Specific Terms and Conditions and the General Terms and Conditions, the Specific Terms and Conditions shall be solely applicable for the obligation in question. In the event of a contradiction between, on the one hand, the general conditions, of any nature whatsoever, of a partner and, on the other hand, these General Terms and Conditions, the stipulations of these General Terms and Conditions shall be solely applicable for the obligation in question.

The governing language is French. If the General Terms and Conditions were to be 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 regarding the relations existing between the parties.

The Client acknowledges and accepts that HOTA HOTELS may assign these General Terms and Conditions as well as all rights and obligations attached thereto, to any third parties, without the prior written consent of the Client. The Client agrees that such assignment releases HOTA HOTELS 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 HOTA HOTELS.

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

The General Terms and Conditions are governed by Swiss law, without prejudice to any potentially applicable mandatory protective provisions of the consumer’s country of residence.

The Client is informed by HOTA HOTELS of the possibility to resort to a conventional mediation procedure in case of dispute concerning these General Terms and Conditions.

Delémont, March 27, 2024