Terms & Conditions
Kislev of New York by le Chandelier de Paris
Enrollment in our trip implies acceptance of the conditions enumerated below.
All registrations must be accompanied by a deposit of € 2,000 per room. The booking confirmation that is sent to you by email is the proof of registration to our package and that you agree and acknowledge our terms and conditions that will be written below.
The balance must be paid no later than January 31st, 2022
Registration takes effect once the deposit is paid after we sent you the booking confirmation.
An indispensable voucher for your arrival at the hotel will be sent to you once the balance is fully paid.
A shortened stay does not entitle the for a refund. A cancellation fee will be calculated on the total cost of the stay, as follows:
General Terms and Conditions of Sale
ARTICLE 1 - Reminder of Articles R211-3 to R211-11 of the French Tourism Code
In accordance with Article R.211-12 of the French Tourism Code, brochures that travel agents offer
to their clients must include the following general terms and conditions from Articles R211-3 to
R211-11 of the Tourism Code in full.
Article R.211-3: Subject to the exclusions provided in the third and fourth paragraphs of Article
L.211-7, any offer or sale of travel or accommodation services shall give rise to the provision of
appropriate documents that comply with the rules defined in this section.
When selling tickets for air travel or regularly scheduled sea travel that are not accompanied by
related services, the seller shall provide the buyer one or more tickets for the entire journey, issued by
the carrier or under its responsibility.
In the case of on-demand transportation, the name and address of the carrier on whose behalf the
tickets are issued must be mentioned.
The separate billing of various elements of a same tourist package does not exempt the seller from its
obligations under the regulatory provisions of this section.
Article R.211-3-1: The exchange of pre-contractual information or provision of contractual
conditions shall be done in writing. This may be done electronically under the validity and
performance conditions provided in Articles 1369-1 to 1369-11 of the French Civil Code. The name
or business name and address of the seller shall be indicated in addition to the seller's registration
number provided in Article L.141-3 or, where applicable, the name, address, and indication of
registration of a federation or union mentioned in the second paragraph of Article R.211-2.
Article R.211-4: Prior to concluding the contract, the seller must communicate information about
the price, dates, and other main elements of the services provided during the travel or stay to the
consumer, such as:
1) The destination, means, characteristics and categories of transportation used;
2) The type of accommodation, its location, comfort level and main features, and its approval and
tourist classification according to the regulations or standards of the host country;
3) The dining services offered;
4) The description of the itinerary when a tour is involved;
5) The administrative and health requirements to be completed by citizens or nationals of another
Member State of the European Union or of a State that is a party to the Agreement on the European
Economic Area, particularly if borders will be crossed, and deadlines for completing these
requirements;
6) The visits, excursions, and other services included in the package or available for an additional
cost, where applicable;
7) The minimum or maximum group size that will permit the travel or stay to be undertaken and, if
the travel or stay is subject to a minimum number of participants, the deadline for informing the
consumer in the event that the travel or stay is canceled; this date cannot be set at less than twenty-
one days prior to departure;
8) The amount or percentage of the price to be paid as a deposit at the time the contract is
concluded and the payment schedule for the balance;
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9) The terms and conditions for revising prices as provided by the contract pursuant to Article
R.211-8;
10) The contractual conditions for cancellation;
11) The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;
12) Information regarding the option to take out an insurance contract covering the consequences of
certain cases of cancellation or an assistance contract covering certain risks, particularly repatriation
costs in case of accident or illness;
13) When the contract includes air transportation services, information about each leg of the flight,
as provided in Articles R. 211-15 to R. 211-18.
Article R.211-5: The prior information given to the consumer binds the seller, unless the seller
expressly reserved therein the right to modify certain elements of it. In this case, the seller must
clearly indicate to what extent such modifications may occur and to which elements.
In any case, changes made to the prior information must be communicated to the consumer before
the contract is concluded.
Article R.211-6: The contract concluded between the seller and the buyer must be written and drawn
up in duplicate, one copy of which is given to the buyer, and signed by both parties. When the
contract is concluded electronically, it shall be done pursuant to Articles 1369-1 to 1369-11 of the
French Civil Code. The contract must include the following clauses:
1) The name and address of the seller and of the seller’s guarantor and insurer, as well as the name
and address of the organizer;
2) The travel destination(s) and, in case of a split stay, the different periods and dates thereof;
3) The means, characteristics, and categories of transportation used, and the dates and places of
departure and return;
4) The type of accommodation, its location, comfort level and main features, and its tourist
classification under the regulations or standards of the host country;
5) The dining services offered;
6) The itinerary when a tour is involved;
7) The visits, excursions, or other services included in the total price of the travel or stay;
8) The total price of the services to be invoiced and an indication of any revisions made to the
invoice pursuant to the provisions of Article R.211-8;
9) An indication, where appropriate, of fees or taxes related to certain services such as landing,
disembarkation or embarkation in ports and airports, as well as occupancy taxes, when not included
in the price of the service(s) provided;
10) The schedule and methods of payment of the price; the buyer’s final payment cannot be less than
30% of the price of the travel or stay and must be made when the documents permitting the travel or
stay to be undertaken are issued;
11) Particular conditions requested by the buyer and accepted by the seller;
12) The methods by which the buyer can submit a claim to the seller for nonperformance or poor
performance of the contract, a claim which must be made as soon as possible, by any means that
allows an acknowledgment of receipt to be obtained from the seller and, where appropriate, reported
in writing, to the tour operator and service provider involved;
13) The deadline for informing the buyer if the seller cancels the travel or stay in the event that the
travel or stay requires a minimum number of participants, in accordance with the provisions of
Article R.211-4(7);
14) The contractual conditions for cancellation;
15) The cancellation conditions provided in Articles R. 211-9, R. 211-10 and R. 211-11;
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16) Information about covered risks and the amount of the guarantees under the insurance contract
covering the consequences of the seller's civil professional liability;
17) Information about the insurance contract taken out by the buyer covering the consequences of
certain cases of cancellation (policy number and name of the insurer) and information about the
assistance contract covering particular risks, especially repatriation costs in case of accident or illness;
in this case, the seller must give the buyer a document specifying at least the risks covered and the
risks excluded;
18) The deadline for informing the seller in the event that the buyer transfers the contract;
19) A commitment to provide the buyer the following information at least ten days before the
planned departure date:
a) The name, address, and telephone number of the seller’s local representative or, failing that, the
names, addresses, and telephone numbers of local bodies that may help the consumer if problems
arise or, failing that, the telephone number for urgently contacting the seller;
b) For travel and stays abroad by minors, a telephone number and an address allowing the child or
responsible party on site to be contacted directly;
20) A clause covering the cancellation and penalty-free reimbursement of the amount paid by the
buyer in case of failure to comply with the information obligation provided in Article R.211-4(13).
21) A promise to give the buyer the departure and arrival times in due time before the start of the
travel or stay.
Article R.211-7: The buyer may transfer his or her contract to a transferee who meets the same
conditions as the buyer to undertake the travel or stay, as long as the travel or stay has not yet begun.
Except in the case of a stipulation that is more favorable to the transferor, the transferor must
inform the seller of his or her decision by any means that allows an acknowledgment of receipt to be
obtained by seven days prior to the start of the trip at the latest. Where a cruise is involved, this
deadline is extended to fifteen days. This transfer is not subject to the seller's prior approval under
any circumstances.
Article R.211-8: When the contract includes an express option to revise the price, within the limits
provided in Article L.211-12, it must mention the precise methods of calculation, both upwards and
downwards, of price variations and, in particular, the amount of related transportation fees and taxes,
the currency or currencies that may affect the price of the trip or stay, the portion of the price to
which the variation applies, and the exchange rate of the currency or currencies used as a reference
when establishing the price that appears in the contract.
Article R.211-9: When the seller is forced to make a change to an essential element of the contract
prior to the buyer's departure, such as a significant increase in the price, and when the seller fails to
comply with the information obligation mentioned in Article R.211-4(13), the buyer may, without
prejudice to any claim for compensation of damages that may be suffered, and after having been
informed by the seller by any means allowing an acknowledgment of receipt to be obtained:
- either terminate the contract and receive an immediate, penalty-free reimbursement of the amount
paid;
- or accept the modification or substitute trip offered by the seller; the parties shall then sign an
amendment to the contract specifying the changes made; any price reduction shall be deducted from
any amount the buyer still owes and, if the payment the buyer has already made exceeds the price of
the modified service, the excess amount must be returned before the departure date.
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Article R.211-10: In the case provided for in Article L.211-14, when the seller cancels the trip or stay
prior to the buyer's departure, the seller must inform the buyer by any means that permits an
acknowledgment of receipt to be obtained; the buyer, without prejudice to any claim for
compensation of any damages suffered, shall obtain from the seller the immediate, penalty-free
reimbursement of the amount paid; in this case, the buyer shall receive compensation at least equal
to the penalty that the buyer would have incurred if the buyer had canceled on that date.
The provisions of this article shall in no way prevent an amicable agreement for the purpose of the
buyer’s acceptance of a substitute trip or stay offered by the seller.
Article R.211-11: When, after the buyer's departure, the seller is unable to provide a major part of the
services provided in the contract representing a non-negligible percentage of the price paid by the
buyer, the seller must immediately take the following measures without prejudice to any claim for
compensation of any damages suffered:
- either offer services to replace the intended services while bearing any additional cost and, if the
services accepted by the buyer are of lesser quality, the seller must reimburse the buyer for the
difference in price upon the buyer’s return;
- or, if the seller cannot offer any replacement service or if such services are refused by the buyer for
valid reasons, provide the buyer, without additional cost, transportation tickets to enable the buyer to
return, under conditions that can be considered equivalent, to the place of departure or to another
place accepted by both parties.
The provisions of this article are applicable in case of noncompliance with the obligation provided in
Article R.211-4(13).
ARTICLE 2 - Content and Scope of Application
These general terms and conditions of sale (“GTC”) shall apply, without restriction or limitation, to
any reservation of a stay in a hotel (“Stay”) offered by the company KISLEV OF NEW YORK, SAS
(with a capital of €3000, registered with the Paris Trade and Companies Register under number 801
300 915, whose registered office is located at 14 rue de Bellefond, 75009 Paris, France) (“KNY”) to
its clients (“Clients”).
The GTC express the entirety of the obligations of KNY and of the Client (“Parties”). They
constitute the sole basis of the commercial relationship between the Parties and, accordingly, the
Client is assumed to accept them without reservation.
These conditions apply to the exclusion of any other conditions, in particular those that apply to
other marketing channels for Stays.
The GTC shall prevail over any other document, particularly over any other general terms and
conditions of purchase, except for particular conditions agreed between KNY and the Client.
They shall be systematically communicated to any Client prior to entering into a Stay contract and
shall prevail, where appropriate, over any other version or any other contradictory document.
Any order or immediate purchase involves unconditional acceptance of the CTC, which shall prevail
over any other terms and conditions.
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The Client declares that it has read and accepted them before making an immediate purchase or
placing an order.
Since the GTC may be subject to subsequent amendments, the version that applies to the Client's
purchase is the version in effect on the day the contract is concluded.
For orders placed on KNY's website, www.mckislev.com, the Client declares that it has read the
GTC and agreed to them by checking the box provided for this purpose before completing the
online order process.
The Client acknowledges that it has the capacity necessary to order the Stays offered by KNY.
ARTICLE 3 - Stays Offered
KNY offers fixed-term Stays to the Client, who may register other members who will accompany the
Client during the chosen Stay (“Participants”).
The Stays offered by KNY include lodging and dining for Clients and Participants according to the
following conditions:
- full board: includes accommodation, breakfast, lunch, and dinner.
- half board: includes accommodation, breakfast, and dinner.
All other services, such as visits, excursions, shows, drinks, tips, and any other personal expenses, are
not included in the Stay and are not in any way the responsibility of KNY.
ARTICLE 4 - Rules of Conduct
Clients and Participants are required to gain knowledge on their own of the rules set out by the place
of accommodation housing them during the Stay and to strictly abide by said rules.
ARTICLE 5 - Theft, Loss and Damage
The Client is informed that KNY accepts no responsibility in case of theft, loss or damage that
occurs to personal items or money belonging to Clients or Participants during a Stay.
ARTICLE 6 - Image Rights
During any Stay, KNY may take photographic or video coverage of Clients and/or Participants
doing activities in order to complete its documentation. If a person involved expresses refusal of this
use, KNY shall delete him or her from said documentation.
ARTICLE 7 - Orders
7.1 Paper Orders
The Client has the option of ordering a Stay by printing, signing, and returning by mail to KNY:
- the registration form,
- the GTC,
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- in addition to all of the necessary documents listed on the registration form,
- accompanied by a deposit, the amount of which is specified on the registration form.
Registration will be considered final when KNY receives the documents mentioned above and the
deposit payment has cleared.
It is the Client's responsibility to verify that the order is correct and to report immediately any error
within a maximum of fifteen (15) days of signing the registration form and before the start of travel
at the latest.
7.2 Internet Orders
For orders placed on KNY's website, the Client selects the Stay the Client wishes to order.
Contractual information is presented in French or English and must be confirmed at the latest when
the Client submits the order.
An order on the KNY website is recorded when the Client accepts the GTC by checking the box
provided for this purpose and submits his or her order.
The Client has the ability to verify the details of his or her order and its total price, and to correct any
errors before confirming acceptance (French Civil Code Article 1127-2).
This confirmation involves acceptance of the entire GTC and constitutes proof of the sale contract.
It is the Client's responsibility to verify that the order is correct and to report any error immediately.
The provision of the Client’s bank details online and the final approval of the order constitute proof
of the Client’s agreement, which will irrevocably lead to:
- a requirement to pay the amount owed for the selected Stay.
- signature and express acceptance of all the transactions completed.
7.3 Order Refusal
KNY reserves the right to cancel or refuse any order from a Client with whom there is a dispute
related to the payment of a prior order.
ARTICLE 8 - Prices
The costs of the Stays offered by KNY are those that appear on the price catalog provided for this
purpose (“Catalog”) at the time the order is recorded.
Prices are expressed in Euros, both exclusive of tax and including tax.
These prices are firm and cannot be revised during their period of validity, as indicated on the
Catalog, but outside of this period of validity, KNY reserves the right to change the prices at any
time.
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The prices do not include processing and management costs, which are charged in addition, under
the conditions indicated in the Catalog, and calculated prior to the placement of the order.
The payment requested from the Client corresponds to the total amount of the purchase, including
these costs.
ARTICLE 9 - Cancellation
9.1 Cancellation by KNY
KNY reserves the right to cancel a Stay that does not include 40 Participants at least 15 days before
the start of the Stay.
KNY may cancel a Stay at any time due to an event that prevents its continuation and is external and
beyond its control.
Where appropriate, KNY shall, at the Client's choice:
- either reimburse the entire amount paid by the Client;
- or issue a credit note in the same amount as the invoice paid by the Client.
9.2 Cancellation by the Client
In accordance with the provisions of Article L.221-28 of the French Consumer Code, registration for
a Stay is not subject to a right of withdrawal.
Clients who wish to cancel an order for a Stay will be reimbursed as follows:
- when cancellation occurs more than 89 days before the start of the Stay, 25% of the total
amount of the Stay will be deducted from the refund;
- when cancellation occurs 89 to 60 days before the start of the Stay, 50% of the total amount
of the Stay will be deducted from the refund;
- when cancellation occurs 60 to 30 days before the start of the Stay, 75% of the total amount
of the Stay will be deducted from the refund;
- when the Client cancels less than 30 days before the start of the Stay, no refund will be
issued;
ARTICLE 9 - Illustrations
KNY makes every effort to provide photos and illustrations that enable the Client to get a glimpse of
the Stays offered.
The purpose of these photos and illustrations is to provide an idea of the type of services but does
not in any way bind KNY beyond this purpose.
ARTICLE 10 - Insurance
Since the concept of civil liability (accident, incident, theft, etc.) may differ from one country to
another depending on the laws in force, KNY strongly advises the Client to be covered by individual
insurance at the time of the Stay.
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ARTICLE 11 - Force Majeure
KNY cannot be held liable if nonperformance or a delay in performance of any of its obligations as
described herein is the result of a case of force majeure, pursuant to French Civil Code Article 1218.
ARTICLE 12 - Personal Data
When registering, Clients and Participants agree to supply their personal data to KNY, which is
necessary to provide the proposed Stay.
Clients and Participants have the right to access, correct, and request deletion and/or portability of
their data from KNY and, in the event of a legitimate reason, a right to object to the processing of
their data, which they may exercise at KISLEV OF NEW YORK - Service relation client [Customer
Relations] - 14 rue de Bellefond, 75009 Paris, France.
Clients who reserve a Stay for Participants guarantee that they have the Participants’ consent and that
they have informed them of how their data will be processed and of their rights under this clause.
ARTICLE 13 - Severability
If one of more provisions of the GTC are found to be invalid or are declared invalid under a law or
regulation or based on a final decision of a competent court, the other provisions shall retain their
full force and scope.
ARTICLE 14 - Non-waiver
If a Party does not make a claim based on the other Party's breach of any of its obligations under the
GTC, this may not be interpreted in the future as a waiver of the obligation in question.
ARTICLE 15 - Interpretation of Headings
In the event of difficulty interpreting between any of the headings appearing above the clauses and
any of the clauses, the headings will be deemed non-existent.
ARTICLE 16 - Language - Applicable Law
By express agreement, purchase and sale transactions completed under the GTC are governed by
and subject to French law.
The GTC are drafted in French and English. In the event of a dispute about the interpretation of the
GTC, the French text shall prevail.
ARTICLE 17 - Jurisdiction
Any disputes that arise based on purchase and sale transactions done under these GTC relating to
their validity, interpretation, performance, termination, consequences and effects which cannot be
resolved amicably between KNY and the Client shall be submitted to the competent courts of the
city of Paris (France).
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ARTICLE 18 - Mediation
The Client may resort to conventional mediation, particularly with the Commission for Consumer
Mediation or with existing sector-specific mediation bodies, or any alternative dispute resolution
method (conciliation, for example) in the event of a dispute.
Kislev of New York By Le chandelier de Paris
14, Rue de Bellefond
75009 Paris France
Tel. : +33(0)1 75 51 34 54