The hotel industry is a pillar of France's economy and tourism. Behind the apparent simplicity of booking a room, however, lies a complex legal relationship governed by specific rules. Whether you are a traveller looking for accommodation or a professional running an establishment, knowing the rights and obligations of each party is fundamental to ensuring that your stay runs smoothly and that you know how to react in the event of unforeseen circumstances. This article provides an overview of the essential points: booking, the stay, the crucial issue of safety and the regulatory aspects of running a business.
Booking a hotel: what you need to know
The contract between you and the hotel is formed as soon as you agree on the room and the price. This is not a simple furnished rental, as the hotelier provides a range of services (reception, cleaning, etc.). When you make a reservation, particularly from a distance, you are often asked to pay a deposit to guarantee your booking. Unless explicitly stated otherwise, this sum is considered to be a "deposit": if you cancel, you lose it; if the hotelier cancels, he must reimburse you twice as much. This rule offers a degree of flexibility compared with a firm commitment.
Please note, however, that unlike many online purchases, you generally do not have a 14-day right of withdrawal for a fixed-date hotel reservation. Once the reservation has been confirmed, it is binding, subject to the specific cancellation conditions set out in the tariff chosen. To find out more about hotel contract and its implications, please consult our dedicated article.
With the rise of online booking platforms (OTAs), French law now prohibits OTAs from imposing "rate parity" clauses on hoteliers. This means that hoteliers have the right to offer cheaper rates directly (on their own website, by telephone, etc.). So don't hesitate to compare!
During the holiday: everyone's duties
Once you arrive at the hotel, each party has obligations to fulfil. For the guest, the main obligation is to pay the agreed price for the room and services used. They must also make normal use of the premises and respect the internal regulations and the peace and quiet of the other occupants.
For its part, the hotelier must provide the service promised (the room corresponding to the reservation, services included). They have a very clear obligation to provide information on prices: these must be clearly and prominently displayed, including VAT, outside the hotel, at reception and in each room, for all services offered. They must also guarantee guests "peaceful enjoyment" of their room, i.e. ensure that they are not unduly disturbed. Lastly, the hotelier may not refuse to let an available room without a legitimate reason (safety, previous behaviour of the customer, etc.), and may not impose the consumption of additional services (tied selling prohibited).
Safety: a shared challenge
Safety is a major concern. What happens if an incident occurs? The rules differ depending on the nature of the damage.
If a guest is injured in the hotel (falls, etc.), the hotelier is not automatically liable. They have a "best endeavours" obligation: they must have taken reasonable precautions to avoid the accident. It is up to the customer to prove that the hotelier was at fault (negligence, lack of maintenance, etc.) in order to obtain compensation.
However, the rules are stricter for goods brought in by guests (luggage, personal effects, etc.). Articles 1952 to 1954 of the Civil Code establish the hotelier's presumed liability in the event of theft or damage occurring in the establishment. The customer does not have to prove that the hotelier is at fault in order to receive compensation. However, there is a ceiling on this compensation (in principle, 100 times the price of the room per day for items in the room, and 50 times for items in a vehicle in a private car park). This ceiling only rises (unlimited liability) if the customer proves that the hotelier is at fault or if the hotelier has refused to keep valuables on deposit without a valid reason. The hotelier may also be exonerated in the event of force majeure or gross negligence on the part of the guest (e.g. leaving the door wide open). For a detailed examination of the hotelier's liability For information on personal injury or theft of goods, please read our article on this subject.
Hotel operations: key regulatory points
For the operator, several regulatory aspects are essential. Star classification, although optional, is an important marketing and information tool. If the operator is a tenant, the hotel lease is governed by the same rules as commercial leases, but with some specific features, particularly concerning the improvements that can be made and their impact on the rent. For a fuller analysis, see our article dedicated to the legal and regulatory framework for hotel operations.
Finally, like any establishment open to the public, the hotel must comply with strict fire safety and accessibility standards for people with disabilities. Compliance with these rules is mandatory and monitored. It should also be noted that old mechanisms such as the hotelier's lien (to guarantee payment) or the hotel warrant (for financing) have recently been abolished.
Whether you are a hotelier or a guest, do you have a legal question about a booking, a stay or an incident? Our firm is on hand to analyse your situation and advise you, particularly on aspects relating to commercial law for professionals in the sector.
Frequently asked questions
What is the difference between a hotel and a simple furnished rental?
A hotel not only provides furnished accommodation, but also a range of associated services (reception, regular cleaning, supply of linen, etc.), which is not generally the case with a traditional furnished rental.
Is a star rating compulsory for a hotel?
No, official classification (from 1 to 5 stars) is not compulsory in France, but it is strongly recommended as it informs customers about the level of service and helps the hotel to position itself commercially.
Can a tenant hotelier carry out work freely in his establishment?
He may carry out improvement work at his own expense, but must notify the owner before starting any work. The owner's agreement is only required if the work affects the shell (structure of the building).
What is a "deposit" when booking a hotel?
Unless otherwise stated, a sum paid at the time of booking is considered to be a deposit. This means that the customer can cancel and lose the deposit, and the hotel can cancel and refund double the deposit.
Can I cancel my online hotel reservation free of charge?
In general, no. The 14-day right of withdrawal for distance contracts does not apply to accommodation provided on a specific date. Cancellation conditions depend on the tariff you chose when you booked.
Can a hotel refuse to take me in?
Yes, but only if there is a legitimate reason (e.g. the hotel is fully booked, you behaved unacceptably during a previous stay, security risk). A refusal without a valid reason or based on discrimination is illegal.
Is the hotel responsible if I injure myself in the hotel?
Not automatically. He is liable only if you can prove that he committed a fault (negligence, lack of maintenance, defective equipment, etc.) that caused your injury.
What should I do if my belongings are stolen from my hotel room?
You must inform the hotel management as soon as possible and lodge a complaint with the police or gendarmerie. Keep all receipts for the stolen goods.
What is the maximum compensation if my belongings are stolen from my hotel?
In principle, compensation is capped at 100 times the room rate per day (for in-room property), except in the event of proven fault on the part of the hotelier or unjustified refusal to deposit (unlimited).
Is the hotel responsible if my car is stolen from its car park?
Yes, if the theft takes place in a car park that the hotel has private use of (its own car park, garage, etc.). In this case, compensation is capped at 50 times the room rate per day (unless the hotel is proven to be at fault). The hotel is not liable if the vehicle is parked on the public highway.
EN 
FR