Online sale
You will find below the General Terms and Conditions of Sale applicable to the hello@vairstay.com website.
Please note that STA provides its customers and site users with a customer service department that can be contacted as follows:
By telephone: 06 19 97 95 24 (price of a local call) or from abroad +33 6 19 97 95 24 (rate of a call to France according to the telephone operator's conditions in force), from 10 a.m. to 7 p.m. Monday to Friday, Paris time.
By email to: support@vairstay.com
By post to the following address: 20 Rue Bachaumont, 75002 Paris
Capitalized terms refer to the following definitions:
The “Company” refers to STA, whose head office is located at 20 rue Bachaumont 75002 PARIS, registered in the PARIS Trade and Companies Register under number 910 442 466, whose intracommunity VAT number is FR52910442466.
The “Site” refers to the website(s) accessible via the URL link www.vairstay.com.
The “User” refers to any person browsing the Site.
The “Service”: The Site enables customers to book rooms and additional services at various partner hotels (hereinafter the “Hotels”), including the possibility of taking a three-dimensional virtual tour of the rooms and the hotel.
The "Reservation” refers to any purchase of a Service by the Customer from the Company via the Site.
The “Customer” refers to the individual or legal entity subscribing a Service with the Company.
The “General terms and conditions of sale” or “GSC” refers to the present general sales conditions, applicable within the framework of the contractual relationship between the Company and its Customers, which include the confidentiality policy that may be available on the Site and any element of the Site to which they expressly refer.
The "Partner” means any professional partner with whom the Company has a business relationship in connection with the provision of the Service and to whom the Customer may be referred in connection with the provision of the Service.
1.1 The Site enables customers to book rooms and additional services at various partner hotels (hereinafter the “Hotels”).
1.2 The present terms and conditions of sale (the “Terms and Conditions”) are applicable to the reservation of rooms and additional services within the Hotels (the “Services”) and are those in force on the date of confirmation of your reservation on the Site.
1.3 Any reservation on the Site requires consultation and unconditional acceptance of the General Terms and Conditions of Sale. It is recommended that you download and/or print the General Terms and Conditions of Sale in order to keep a copy on the day of booking, as they are subject to change. However, any changes made after confirmation of a booking cannot be applied to that booking.
1.4 The Customer's acceptance of the General Terms and Conditions of Sale and of the terms and conditions, in particular the financial terms and conditions, of each reservation made occurs by making the reservation “By choosing to make a reservation, I acknowledge that I have read and accepted the General Terms and Conditions of Sale and the Company's Privacy Policy” or any other similar box proposed on the Sites.
1.5 The Customer acknowledges having all the necessary information on the Site, including in particular:
1.6 The expression “Customer(s)” refers to any natural person who makes a Reservation on the Site, as a consumer, for private or professional purposes, but not related to the hotel business.
1.7 Being a consumer, the Customer benefits from rights that may be called into question in the event that the Services are booked by him/her in the exercise of a professional, commercial, industrial, artisanal or liberal activity.
1.8 Only Customers (i) having reached the age of majority (eighteen in most countries) and (ii) having the legal capacity to enter into contracts, are authorized to make Reservations for Services on the Sites.
1.9 The information provided by the Sites is presented in French, as well as in English. Should one or more additional languages be added by the hotel, the Company cannot be held liable for any errors or defects in the translation of the Site.
2.1. Purpose. The General Terms and Conditions of Sale define the terms and conditions applicable to online reservations of Services on the Sites. The General Terms and Conditions of Sale apply to all stages of the reservation of Services by the Customer and to the follow-up of his reservation.
2.2. Access to the GCS. The General Terms and Conditions of Sale are accessible at all times on the Site and prevail, where applicable, over any other version, previous or future. The GCS take effect from the date of their update, indicated at the top of the present document, and apply to the exclusion of all other conditions, in particular those applicable to sales through other distribution and marketing channels.
2.3. Acceptance of the GCS. Prior to any Reservation, the Customer declares that he/she has read and accepted the General Terms and Conditions, which implies unreserved acceptance of the General Terms and Conditions. By accepting, the Customer acknowledges that, prior to any Reservation, he/she has received sufficient information and advice from the Company on the Site, enabling him/her to ensure that the content of the Reservation is suited to his/her needs. The GTS constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.
By completing the Reservation process, the Customer declares that he/she is of legal age and capable of entering into a contract under the law of his/her country, or declares that he/she represents, by virtue of a valid mandate, the person for whom he/she is subscribing to the Service. In any case, the Customer guarantees that he/she has the necessary authorizations to use the payment method selected when validating the Reservation.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
2.4. Scope of the GCS. The Customer may request a copy of the version of the GCS applicable to his Reservation at any time. No specific condition, at the Customer's initiative, may be added to and/or replace the present terms and conditions. The Company reserves the right to stipulate special conditions for its Services, special offers, special guarantees, etc., which are provided to the Customer prior to the Reservation. The fact that the Company, at any given time and for any reason whatsoever, does not avail itself of a breach by the Customer of any of the obligations contained herein, shall not be construed as a waiver of the right to avail itself thereof for the future.
3.1 Reservations. The Site offers an online reservation process for hotel rooms and accommodation services.
3.2 Accommodation. Accommodation offers presented on the Site are accompanied by an information sheet including :
3.3 Services. The Customer selects the Services offered on the Site. The Customer is solely responsible for the choice of Services and their suitability for the Customer's needs, and the Company cannot be held liable in this respect.
3.4 Booking process. The reservation is deemed accepted by the Customer at the end of the reservation process.
3.5 Information. The Customer attests to the truthfulness and accuracy of the information provided when booking Services. The Company reserves the right to refuse any reservation made by a person who makes fraudulent use of the Sites or who does not comply with these General Terms and Conditions of Sale.
3.6 Information on Services. The Services governed by the GTCS are described and presented as accurately as possible. However, the Company shall not be held liable for any errors or omissions in this presentation, unless such errors or omissions constitute a substantial part of the offer in question.
The Service is provided to the Customer for the duration specified on the Site at the time of the Customer's Reservation.
5.1 Booking steps. Reservations are made by the Customer online at www.vairstay.com.
At the time of booking, the Customer must provide a certain number of compulsory details, including certain personal details necessary for the Company to process the booking. The Company reserves the right to refuse any booking if these details are missing or incorrect. The Customer must also indicate the number of people benefiting from the Services, as well as their age (adult, child, baby).
The booking procedure on the Site includes the following steps:
5.2 Payment obligation. Any Reservation received by the Company is deemed to be firm and definitive, entailing full and complete acceptance of the General Terms and Conditions of Sale under the conditions stipulated, and the obligation to pay for any Service ordered. The reservation is deemed firm and definitive upon receipt of the reservation confirmation e-mail sent by the Company to the Customer.
5.3. Electronic signature The online provision of the Customer's bank details and the final validation of the Reservation will constitute (i) proof of the Customer's agreement (ii) payment of the sums due for the Reservation made and (iii) signature and express acceptance of all operations carried out during the Reservation on the Site (checkbox, uncheckbox, validation click, etc.).
5.4. Booking validation. After having read and accepted the General Terms and Conditions on the Reservation page, the Customer is directed to a summary page of his Reservation, on which he provides his bank details before validating his payment. It is the Customer's responsibility to check the Reservation summary information and correct it if necessary, before validating the Reservation payment. This second click definitively confirms the Customer's Reservation.
5.5. Payment system. The Company may not be held liable in any way whatsoever for any bugs or malfunctions of any kind relating to the payment system accessible as part of the Service.
5.6. Booking confirmation. The Customer receives an email confirming and summarizing the Reservation as soon as the payment has been validated by the Company or its payment service provider.
The Site acknowledges receipt of the reservation made by the Customer by sending an e-mail containing (i) the corresponding reservation number, (ii) a summary of the reservation and in particular the Services reserved, the price of the Services, the conditions of sale applicable to the selected rate, accepted by the Customer, (iii) the General Terms and Conditions of Sale, where applicable, information relating to after-sales service as well as the contact address to which complaints may be submitted.
The Customer expressly declares that he has checked his SPAMS. The Company may not be held liable in the event that the e-mail confirming and summarizing the Reservation is received in SPAMS and/or those of the hotel where the reservation was made.
5.7. Price display. The price of the Services is indicated on the Site before the reservation on the description sheet of the offer, as well as during the reservation. Payment will be made in euros only. Any display of prices in currencies other than euros is for information purposes only.
5.8. Proof of transaction. Computerized registers, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, Reservations and payments between the parties. Reservation forms and invoices are archived on a reliable and durable medium that can be produced as proof.
6.1 The price of the Services is indicated on the Site before the reservation on the description sheet of the offer, as well as during the reservation.
6.2 The rates indicated are per room, for the number of people indicated, according to the Hotel and the period selected, and only include the Services strictly mentioned in the reservation.
6.3 The price of each Service is indicated inclusive of all taxes, excluding tourist tax, and details the amount of VAT applicable to the Service.
6.4 The euro is the commercial currency of the reservation, and payment must therefore be made in this currency. Prices displayed on the Site in different currencies remain estimates and do not accurately reflect the amount to be paid, indicated in euros when the reservation is confirmed by the Customer. Tourist tax must be paid directly to the hotel.
6.5 Prices quoted on the Site may vary at any time, without prior notice. Only the price indicated in the reservation confirmation is contractual.
6.6 Validation of the Reservation renders payable all sums due in respect thereof. By validating the Reservation, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to its bank to debit the bank account whose details have been provided by the Customer, according to any due dates indicated in the Reservation summary.
6.7 To pay for a Reservation, the Customer may choose from all the payment methods made available by the Company on the Site. Payment of the Price by the Customer is made exclusively by PSP (Payment Service Provider). In this respect, the bank cards accepted are those validated by the establishment with the payment service provider.
6.8 The Company reserves the right to suspend any Reservation processing and any Service delivery in the event of refusal to authorize payment by bank card by officially accredited organizations or in the event of non-payment. In particular, the Company reserves the right to refuse to honor a Reservation from a Customer who has not paid in full or in part for a previous Reservation, or with whom a payment dispute is in progress.
The Company may contact the Customer to request additional documents in order to execute payment of the Reservation. The Company may rely on information provided by the Reservation analysis system. The provision of the requested documents is necessary for the Company to confirm the Reservation. In order to combat credit card fraud, the Company may carry out a visual check of means of payment before making the Service available. In the event of fraudulent use of the Customer's credit card, the Customer is invited to contact the Company as soon as such use is detected, without prejudice to any steps that the Customer may take with his bank.
6.9 The interest and penalties provided for by law apply in the event of default or late payment by the consumer Customer.
In accordance with article L 221-28 of the French Consumer Code, the customer has no right of withdrawal for accommodation and catering services.
8.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User. The Company may not be held liable for any material damage arising from use of the Site. In addition, the User undertakes to access the Site using recent, virus-free hardware and with an up-to-date, latest-generation browser. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access, in order to access the Site and the Service.
8.2. Maintenance. The Site may be subject to maintenance and the Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site or the Service in order to carry out maintenance (in particular by means of updates) or for any other reason, without such interruption giving rise to any obligation or compensation.
8.3. Contractual liability.
Site access. The Company uses all reasonable means at its disposal to ensure continuous, high-quality access to the Site and the Service, but is under no obligation to do so. In particular, the Company cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control, which may prevent access to the Site or Service.
Availability of rooms and additional services. The Company uses all reasonable means at its disposal to ensure that the Service runs smoothly. Nevertheless, the Company cannot be held responsible for any dispute concerning the availability of rooms or additional services within the hotel during the reservation process.
Virtual tours and images. Photographic plates, images and 3D models used for virtual tours of the hotel, in particular concerning rooms and additional services, are provided for information purposes only. All photographs, images and 3D models used for the virtual tour of the hotel are not contractually binding.
8.4. Use in good faith - Third-party sites. Any contribution space on the Site to which the Customer may have access as part of a Service, including on social networks and groups, must be used in good faith. The Customer shall refrain from making any defamatory, threatening, hateful, intolerant, obscene, etc. remarks, and from any disparaging publication likely to infringe the rights of the Company, of other Users, of third parties or contrary to the law.
The Company reserves the right to refuse access to all or part of the Site, Service, contribution areas and groups, or to limit access rights to contribution areas and groups, unilaterally and without prior notice to any Customer who fails to comply with the GTC, any conditions of use of the Site, Service and/or any third-party sites, platforms and tools accessible within the framework of the Service or, more generally, any legal or regulatory obligation.
The Customer undertakes to inform himself/herself of the conditions of use of any third-party sites, social networks, platforms and tools accessible as part of the Service, and to comply with them. The Company has no control over these conditions and declines all responsibility in the event of the Customer's banning or dispute with these third-party sites.
The Company cannot be held responsible for any saturation of third-party platforms and tools accessible as part of the Service, or more generally for any malfunction of the Site linked to a reservation made simultaneously by several customers on the Site or any other reservation system managed by the Hotel.
9.1 Pursuant to Law n°2018 - 493 of June 20, 2018 on the protection of personal data and the General Data Protection Regulation n°2016/679 (RGPD), the Customer is hereby informed that the information provided at the time of booking has been subject to personal data processing for the purposes of reservation and Customer management, billing and payment requirements, as well as for commercial prospecting purposes.
Customers' personal data will not be kept longer than is strictly necessary for the purposes indicated. Certain data enabling proof of a right or contract to be established may be subject to an intermediate archiving policy for a period corresponding to the prescription and foreclosure periods of any legal or administrative actions that may arise.
In accordance with the Data Protection Act and the RGPD, the Customer or any person concerned by the processing has, in accordance with the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be the subject of an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
The Customer is hereby informed and accepts that the Site and/or the Service may include technical devices which enable usage to be tracked (user account connected, IP address, type of application used, various logs of connection and use of the User account, etc.) and which are likely to be used as part of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site.
Requests to exercise these rights may be sent by e-mail to support@vairstay.com.
Any person affected by data processing has the right to lodge a complaint with the French Data Protection Authority (Commission Nationale Informatique et Libertés).
9.2 The Customer may obtain information on how the Company processes his personal data by consulting the Privacy Policy or by sending a request to the following e-mail address: support@vairstay.com or to the address of its registered office: sis 20 rue Bachaumont 75002 PARIS.
9.3 By accepting the present General Terms and Conditions of Sale, the Customer acknowledges and accepts that the Company may need to collect his/her telephone details in order to provide the Services.
In accordance with Article L. 223-2 of the French Consumer Code, and Law no. 2014-344 of March 17, 2014 on consumer affairs, the Customer has the option of registering, free of charge, on the BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone. Customers can register free of charge on this list at https://conso.bloctel.fr/index.php/inscription.php.
For more information on automated data processing and how to exercise your rights, Users may consult the privacy policy accessible at any time on the Site, and the information on cookies used by the Company - https://www.vairstay.com/politique-de-confidentialite.
The User may access Partner or third-party websites via hypertext links available on the Site or within the framework of a Service. These websites are designed and managed under the responsibility of third parties and are not subject to the Terms and Conditions. Consequently, the User is encouraged to review the contractual terms of use or sale, as well as the privacy policies or any other legal information applicable to these Partner or third-party websites.
The Company does not exercise any control over these websites or their content and disclaims all liability regarding their content and the use made by any third party of the information provided therein. This clause applies to all content provided by Partners.
If a third-party website directs its users to the Site, the Company reserves the right to request the removal of the hypertext link pointing to the Site if it considers that the link does not comply with its rights and legitimate interests.
11.1 In the event that the reserved room within a Hotel becomes unavailable, the Hotel must provide the Client with alternative accommodation in its own establishment, in a room of equivalent or higher category. If the Hotel is unable to offer such a replacement solution, it must then propose accommodation in another establishment of an equivalent or higher category, in an equivalent or superior type of room. The change and any associated costs will be entirely borne by the Hotel, without any additional charges being incurred by the Client or the Company.
11.2 The Company shall be released from any liability for failure to fulfill its obligations in the event of circumstances constituting force majeure, for the duration of the force majeure event. The Company undertakes to make all reasonably necessary efforts to limit the effects of such an event.
11.3 For the purposes of this Article, force majeure refers to any event or circumstance that the parties could not reasonably foresee or control at the time of booking, due to its external, unpredictable, and irresistible nature. Force majeure includes, but is not limited to, events recognized by French courts, as well as total or partial strikes (internal or external to the Hotels), terrorism, wars or uprisings, adverse weather conditions, epidemics, blockages of transport or supply chains for any reason, earthquakes, fires, storms, floods, water damage, or failures of the computer systems, including the Company’s systems and/or third-party systems, which render the normal continuation of operations by a Party impossible.
12.1 Ownership of Intellectual Property Rights
The Company or its Partners hold all intellectual property rights related to the Site and the Service. These rights include, but are not limited to, all content, texts, images, videos, graphics, logos, icons, sounds, software, tools, and materials available on the Site or provided within the framework of the Service.
12.2 No Transfer of Rights
Access to the Site and the Service does not grant the User or the Client any rights to the intellectual property associated with the Site and the Service, which remain the exclusive property of the Company or its Partners.
12.3 Restrictions on Use
The User or Client may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, or exploit, in any manner or on any medium, all or part of the Site or the Service without the prior written consent of the Company or its Partners.
12.4 Unauthorized Use and Legal Action
Any unauthorized use of all or part of the Site or the Service, by any means or for any purpose, may result in appropriate legal actions, including but not limited to the suspension of access to the Service or actions for infringement.
12.5 Limited License for Service Content
In consideration of the payment required at the time of booking, the content, techniques, know-how, and methods provided, as well as any other information related to the Service, are subject to a strictly personal, non-transferable, and non-exclusive right of use. This license is valid only for the duration of the selected Service as defined at the time of booking and lasts solely for the duration of the contract.
12.6 Client Responsibility
The Client shall be held liable for any unauthorized sharing or transmission of the Service's content. The Client guarantees that all their personnel or agents with access to restricted content of the Site or the Service will respect the intellectual property rights of the Company or its Partners.
12.7 Protection of Distinctive Signs
All distinctive signs used by the Company are legally protected. Any unauthorized use of these signs may lead to legal proceedings. The Company reserves the right to terminate the Client's access to the Service in case of any violation of its intellectual property rights, without prejudice to any penalties or claims for damages.
13.1 Client Reviews
Clients may post reviews on the Site or the Google internet page. They agree to provide an honest and accurate account of their consumer experience. These reviews are subject to monitoring by the Company. Reviews are published in their entirety, regardless of whether they are positive or negative. However, a review may be refused publication for any of the following reasons:
The moderation is conducted automatically, with automated systems identifying illegal content, such as offensive, obscene, copyright-infringing, or data protection-violating remarks. If the Company refuses to publish a review, the Client will be informed by email within 7 days of the decision to reject the review. Clients can modify or delete their reviews at any time. In all cases, the Company reserves the right to contact the User who posted a review on the Site.
13.2 Client References
Clients may be contacted by the Company to be cited as beneficiaries of the Service. With the Client's consent, the Company may use the Client's name, the review they provided about the Service, and an objective description of the Service delivered to them in its reference lists and proposals. This includes communications directed at prospects and other clients, such as on the Site, for promotional and advertising purposes, during discussions with third parties, in communications to its staff, in internal forecasting documents, or as required by legal, regulatory, or accounting obligations.
13.3 Authorization for Use
When the Client provides written content, videos, and/or photographs to the Company to share their feedback or testimony regarding the Service, and in cases where the Client posts comments or publications about the Company (e.g., on social media) that include their username and profile picture, the Client authorizes the Company to use this content for promoting its commercial activities.
Such content may be protected by image rights and/or copyright. In these cases, the Client grants the Company the right to adapt (in format) and reproduce this content on all media, including as commercial references and/or reviews. For instance, the Company may capture screenshots of social media posts about the Company or its Services and reproduce them on the Site as testimonials.
The Client acknowledges that they are fully compensated for these rights and will not claim any additional remuneration for the use of their rights under this clause. These rights are granted for the lifetime of the Client, plus an additional 70 years, and apply worldwide.
The Company reserves the right to request additional authorizations from the Client for any uses not covered by this clause or on an ad hoc basis.
The Company reserves the right to modify the terms, conditions, and provisions of the General Terms and Conditions (GTC) at any time and without prior notice in order to adapt them to changes in the Site, its operation, or the characteristics of the Service. The applicable terms are those accepted by the Client and sent to the Client in the case of distance selling, by any means of communication on a durable medium.
Modifications to the GTC made by the Company will not apply to Services already subscribed to, except for clauses related to the technical evolution of the Service, provided that such changes do not result in an increase in price or a reduction in the quality or characteristics that the non-professional Client or consumer relied upon when entering into the agreement.
The Client may also be asked to accept the modified GTC. If the Client does not accept the changes, the previously accepted version of the GTC will continue to apply until the Service has been fully performed.
15.1 Warranty
Except under the conditions of any applicable legal or commercial warranties, the Company is under no obligation of result and provides no express or implied guarantees, including, but not limited to, guarantees concerning the continuity, performance, outcome, or sustainability of the Service provided, all of which are subject to uncertainty.
15.2 Responsibility of Users and Clients
The User or Client is solely responsible for the interpretations they make of the information provided as part of the Services, the advice they derive or receive within the framework of the Services, and any adaptations they implement for their own activities. The use of this information is carried out under the sole responsibility of the Client and at their own risk, which the Client expressly accepts.
The Client acknowledges that they have received sufficient information and advice before committing and understands that any desired outcome inherently involves risks.
The Client declares that they fully understand that the Services offered are informational in nature and do not obligate the Company to achieve any specific results on behalf of the Client.
15.3 Limitation of Liability
Under no circumstances shall the Company be held liable for damages such as data loss, file loss, operational downtime, commercial harm, or lost profits. Similarly, the Company shall not be held liable for any direct or indirect damage to the User's equipment arising from accessing the Site or Service, caused either by the use of equipment that does not meet the specified requirements or by the occurrence of a bug or incompatibility.
The General Terms and Conditions (GTC), as well as all purchase and sale operations referred to therein, are governed by French law. They are written in the French language. In the event they are translated into one or more languages, only the French text shall prevail in case of dispute.
The invalidity of any contractual clause does not render the GTC void as a whole. The temporary or permanent non-application of one or more clauses of the GTC by the Company shall not constitute a waiver of the other clauses, which shall continue to have effect, nor a waiver of the right to enforce those clauses in the future.
The Client agrees that the Company may transfer the present contract to its affiliates or to an acquirer without prior consent from the Client.
17.1 Amicable Resolution
In the event of a dispute, the Client shall first contact the Company to attempt to reach an amicable resolution.
17.2 Mediation
If difficulties arise in the application of this contract, the consumer Client residing in Europe may, before taking legal action, seek the assistance of a consumer mediator identifiable on the website: https://www.economie.gouv.fr/mediation-conso.
The mediator will attempt, independently and impartially, to bring the parties together to reach an amicable solution. The parties remain free to accept or reject the mediation process and, if mediation is pursued, to accept or reject the solution proposed by the mediator.
In this context, any European consumer may also use the Online Dispute Resolution (ODR) platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
17.3 Competent Court
Any dispute concerning the interpretation or execution of these terms of use shall fall under the jurisdiction of the court in the domicile of the website owner.