The www.aquabella.fr web site (hereafter “the Site”) is published by SARL Hôtel Aquabella listed in the Trade & Companies Register of Aix en Provence under number 421936642, represented by Michel ALBANESI in his/her capacity as Gérant (hereafter “the Hotel”).
Site users explicitly acknowledge that they have read and understood these General Terms of Sale (GTS). Users browsing the Site and using the proposed services expressly and unconditionally accept these GTS.
Users not wishing to accept these GTS in their entirety expressly undertake not to use the Site.
These terms of sale apply to all bookings made in the Hotel. All offers proposed are exclusively reserved for private individuals. For bookings for business groups, meetings, seminars, etc., go to the Site's “Seminars and Banquets” section.
These GTS apply for as long as offers are placed online by the Hotel, which reserves the right to temporarily or permanently close its website or the online booking area without prior notice or compensation.
it cannot accept any liability for any damage resulting therefrom for the Customer, or in the event of any modification to the offers and/or temporary unavailability or permanent withdrawal of any part of the Site or related services.
Before making a booking, the Customer declares (s)he has full legal capacity to commit. In order to benefit from the statutory protective provisions of consumer law, the Customer must specifically state that (s)he is making the booking for himself/herself.
The Customer further represents that (s)he has read these GTS and accepts them unconditionally in their entirety. (S)he finally represents that (s)he has taken cognizance of the nature, purpose and booking arrangements of the services offered on the Site, and where necessary has sought and obtained all the necessary information to make the booking with full knowledge of the facts.
The Customer alone is responsible for his/her choices and their fitness for purpose, and the Hotel hereby accepts no responsibility for any damage or dispute in this respect. The Client's purchase is deemed final on completion of the booking process.
5. BOOKING PROCESS
Before making an online booking on the Site, the Customer undertakes to complete all fields marked as required with an asterisk on the booking form or request.
The booking is deemed final when the Hotel receives the Customer's booking form or request, or when prepayment is made online with a bank card.
The Customer certifies that the information provided to the Hotel is truthful and accurate.
The booking procedure is as follows:
- step 1: where applicable, select one or more additional services;
- step 2: check the details of the booking, its total price, the applicable terms of sale and any adjustments to the booking (room, rate, additional service), only when making an online booking;
- step 3: enter your contact details;
- step 4: read and accept the GTS and the terms of sale at the reserved rate;
- step 5: confirm your booking.
6. RECEIPT NOTIFICATION OF THE BOOKING
The customer receives a receipt notification by e-mail when the booking is registered, which recaps the offer, the services purchased, the prices, the terms of sale concerning the selected rate accepted by the customer, information on the after-sales service and warranty, and the address of the Partouche group establishment to which (s)he can send complaints.
7. CUSTOMER SERVICE
The Hotel's booking service is at the disposal of the Customer for any complaints concerning a hotel booking on Monday to Friday at 08h30 to 17h30 at 04 42 99 15 18.
Customers are reminded that, in accordance with the provisions of article L. 121-20-4 of the Consumer Code, they do not have the right to cancel provided for by article L. 121-20 of the Consumer Code.
8. MODIFICATION - CANCELLATION
The terms of sale at the reserved rate specify how to cancel and/or modify the booking.
Bookings requiring prepayment cannot be modified or cancelled. Sums paid in advance are a part payment and cannot be refunded. In such cases, this is stated in the terms of sale at the reserved rate.
When the terms of sale at the reserved rate so permit, the booking can be cancelled directly on the Site. If the stay is curtailed, the full price as agreed is due and collected.
9. STAYING AT THE HOTEL
Unless specifically stated otherwise, Customers must arrive at the Hotel by 15pm o'clock, and the room must be vacated on the day of departure by 12am o'clock. Failing which, they will be billed for an additional night.
In accordance with regulations currently in force in France, Customers must present proof of identity to check whether or not they have to fill in a police registration form.
Customers undertake to use their room with due care and attention. Any conduct flouting common decency and law and order will cause the Hotel to ask the Customer to leave the establishment without the right to claim any refund or compensation if payment has already been made.
The Hotel offers its Customers free WiFi. Customers undertake to ensure that the IT facilities put at their disposal by the Hotel are in no way used to reproduce, represent, publicly display or communicate works or items protected by copyright or similar rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the consent of the holders of the rights specified in books I and II of the Intellectual Property Code when such consent is required. Customers are required to comply with the security policy of the Hotel's Internet access provider, including the rules governing the use of security measures implemented to prevent the unlawful use of IT resources [or any other wording used in the company's IT charter], and to refrain from any act detrimental to the effectiveness of such measures. Customers breaching the aforementioned obligations would be in infringement of copyright (article L.335-3 of the Intellectual Property Code), an offence punishable by a 300,000 euro fine and three years' imprisonment.
In accordance with the provisions of articles L. 212-1 et seq of the Consumer Code, the Hotel is required to guarantee the Customer the conformity of the services it offers, which in normal conditions of use or other conditions reasonably foreseeable by the professional must present the degree of security one can legitimately expect and not harm the health of persons.
The Hotel accepts no liability for non-performance or partial performance of the booking in case of force majeure caused by a third party, Customers or their partners, such as unavailability of the Internet or access to the web site, external intrusion, a computer virus or a prepayment unauthorized by the cardholder's bank.
Neither will the Hotel accept liability for any consequential damage suffered by Customers in respect of their booking.
The photographs on the site are not contractually binding. Even though every effort is made to ensure that the photographs, graphics and texts illustrating the hotels give as accurate as possible a representation of the hospitality services offered, they may not reflect any changes in the furniture or changes further to refurbishment works. Customers cannot make any claims in this respect.
Hyperlinks may direct users to other sites, and the Hotel assumes no liability regarding the content of such sites and the services they offer.
Any booking or payment that is illegal, inoperative, incomplete or fraudulent for a reason attributable to the Customer will entail cancellation of the order at the Customer's expense, without prejudice to any civil or criminal action against the latter.
Any complaints concerning the misfeasance or non-performance of the hotel's services must, under penalty of foreclosure, be reported to the Hotel's booking service within 24 hours of arrival at the Hotel in a letter sent to the address specified in clause 1 above.
Customers are apprised of the price of the services on the Site when they make their booking.
The prices are stated per room for the number of persons and the date(s) selected by the customer. The rates are confirmed to the customer in euros inclusive of tax and are only valid for the period stated on the Site.
If payment to the Hotel is made in a different currency from the one stated in the booking, the foreign exchange charges are payable by the customer. All orders, irrespective of their origin, are payable in the hotel's local currency, barring special conditions indicated in situ.
Unless otherwise stated and barring special theme packs, additional services including but not limited to breakfast, half-board, full board are not included in the price.
The tourist tax applying to each rate must be paid directly to the Hotel in situ.
Prices include VAT at the current rate on the day of the order, and any change in the said rate will automatically be reflected in the prices stated on the date of billing.
Any modifications or introductions of new statutory or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices stated on the date of billing.
If a rate requires payment to be made on arrival at or departure from the Hotel and the Customer's currency is different from the Hotel's, the payment debited by the Hotel may be different from the price stated at the time of booking, due to possible changes in the exchange rate between the date of booking and the dates of stay at the Hotel.
The Hotel notifies the Customer of the total amount of the order in the booking confirmation e-mail.
Customers must enter the credit or debit card number (Visa, Mastercard, American Express, Diners Club, etc.) directly in the area provided for the purpose (input secured by SSL encryption), without any spaces between the digits, as well as the card's expiry date, to guarantee their booking.
Payment is debited at the Hotel at the end of the stay, unless special terms or rates were applied or when the payment is debited at the time of booking (online prepayment for certain rates). Prepayments are treated as part payments.
If a booking is made without online prepayment, the Hotel may ask Customers on arrival for a margin deposit or for permission to debit their credit card in order to guarantee payment of any additional services requested by the Customer in situ.
In the event of a no show (a booking not cancelled – a customer who does not show) for a booking payment guaranteed by a bank card, the Hotel will use the bank card, the details of which are provided by the Customer to guarantee the booking, to charge the Customer for the first night, barring special cancellation terms specified in the booking confirmation.
If a Customer books several rooms but prepayment is only required for one of them, the payment card used to make the booking will serve as guarantee for payment of the other rooms and/or supplements. When a prepayment is made, the amount debited from the Customer includes: the price of the accommodation, the related taxes, the price of the catering if breakfast is included, as well as the taxes relating to the catering and any other additional services selected by the Customer.
For a booking requiring online prepayment, the sums paid constitute part payment, are debited at the time of booking and are retained by the Hotel.
15. NO-DISCLOSURE CLAUSE
16. AGREEMENT ON PROOF
Entering the required bank details and acceptance of the GTS and the booking form or request constitutes a digital signature that is as valid between the Parties as a handwritten signature.
16. TRANSFER TO ANOTHER HOTEL
If the Hotel is unavailable or in case of force majeure, the Hotel reserves the option to accommodate the Customer in full or in part in a hotel of an equivalent category for the same type of services. All costs incurred by such a transfer are borne by the Hotel, and the Hotel's liability for payment of any additional compensation shall not be sought on these grounds.
17. FORCE MAJEURE
The Hotel accepts no liability vis-à-vis the Customer for any damage or loss whatsoever if it defaults on its obligations as a result of a case of force majeure as defined by article 1218 of the Civil Code.
18. ENTIRE AGREEMENT
These GTS, including the terms of sale of the rate reserved by the Customer, and the booking form or request, state all the obligations incumbent on the Parties.
No general or specific condition wished by the Customer can override these general terms and conditions.
The documents forming the contractual commitments between the Parties are, in descending order of priority, the booking form or request (including the special conditions governing the reserved rate) and these GTS.
If there is a contradiction between the booking form and the GTS, only the provisions stated on the booking form apply to determine the obligation in question.
20. CHANGES/AMENDMENTS TO THE GENERAL TERMS OF SALE ON THE INTERNET
These GTS may be modified and/or supplemented by the Hotel at any time. In such cases, the new version of the GTS will be posted online on the Hotel's site. After being posted online, the new version of the GTS applies automatically to all Customers, who should also read the supplementary terms of sale governing each rate, type of room or type of service on the list of rates.
21. GOVERNMENT LAW - DISPUTES
These GTS are governed by French law. This applies both to the substantive rules and the formal rules. In the event of a dispute between the Parties that cannot be resolved out of court, the Parties may refer the matter to the court having jurisdiction.