ARTICLE 1 – PURPOSE OF THE ToS
These terms of sale, hereinafter "ToS", are reserved for Clients who have made a reservation for professional or personal reasons.
Any reservation therefore implies the Client's full and unreserved acceptance of the ToS and/or special conditions applicable to any document signed by the Client, apart from any other document e.g. prospectus, commercial document, terms of purchase, etc.
The ToS and the Special Conditions form an inseparable whole called the Contract.
The Contract is strictly personal. The Client agrees to comply with all of the obligations that apply to them as a consequence of signing the Contract.
ARTICLE 2– ROOM PRICES
The prices are set out in the Special Conditions.
The prices are inclusive of VAT, i.e. the VAT is included. In the event of a change in the VAT rate, the price paid by the Client will be readjusted accordingly. The price of the rooms does not include the tourist tax and the extras (phone, laundry, mini-bar, etc.)
ARTICLE 3- RESERVATIONS – CANCELLATIONS
The Client can book a room:
- Online: www.aquabella.fr
- By sending an email to the following address firstname.lastname@example.org
- By calling the number 04 42 99 15 00
For any reservation request, a confirmation letter from the Hotel will be sent to the Client.
Cancellations of all or part of the reservation must be sent in writing to the Hotel, which will acknowledge receipt to the client by return.
The cancellation and no-show conditions are set out in the Special Conditions.
ARTICLE 4 – INVOICING
Invoices are drawn up on the basis of the services provided during the entire stay. Should the parties agree to use electronic invoicing, the Client unreservedly accepts to receive the invoices issued by the Hotel exclusively by electronic means, in accordance with article 289 of the French General Tax Code.
ARTICLE 5 - ACCOMMODATION CONDITIONS
- Room availability
The Client shall not be entitled to take any action against the Hotel in the event of works being undertaken during all or part of the stay within the premises of the Hotel or outside it. They shall not be able to obtain financial compensation or damages.
- Offers and/or promotions cannot be combined
The discounts granted by the Hotel cannot be combined with other promotional offers.
- "Getaway" type packaged offers
As part of a packaged offer (including several services other than the accommodation, e.g. massage, breakfast, etc.), the non-consumption of one of the associated services will not give rise to any discount or refund.
- Room change
If the Hotel is unavailable, experiencing technical problems, undergoing works, or for any other reason, it shall use its best efforts to fully or partially accommodate the Client in a hotel of equivalent category for services of the same kind, and shall bear all the costs for the transfer. Should this occur, the Client may not claim any compensation whatsoever.
ARTICLE 6 – CLIENT BEHAVIOUR
The Client agrees not to invite any person whose behaviour is likely to harm the Hotel, and the latter reserves the right to take any action that may be required. The Client may not bring any drink or any food from outside the Hotel.
The Client agrees to comply with all of the Hotel's instructions and rules (including the ban on smoking in public areas). The general ban on smoking in hotels and restaurants has been applicable in France since 2 January 2008, in all public places. The Hotel is 100% non- smoking which means that smoking is prohibited in the rooms.
The Client will take care not to disrupt the running of the Hotel or undermine the safety of the Hotel as well as that of the people on the premises.
The Client accepts and agrees to use their room in a reasonable way. Should a Client behave in a way that is contrary to good morals and public order, the Hotel shall ask the Client to leave the Hotel without any compensation and without any refund. The Client shall remain liable for any sums owed.
If the Hotel has internal regulations, the Client accepts and agrees to respect said regulations. Should the Client fail to comply with the internal regulations, the Hotel will ask the Client to leave the Hotel without any compensation and without refund. The Client shall remain liable for any sums owed.
ARTICLE 7 - WI-FI USE
The Hotel offers free WIFI access so that the Client can connect to the internet. The Client agrees that the computer resources provided by the Hotel are not to be used in any way for the purposes of reproducing, representing, making available or communicating to the public, works or objects protected by copyright or a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the rights holders as set out in Books I and II of the French Code of intellectual property when this authorisation is required. The Client agrees to comply with the security policy of the Hotel's internet service provider, including the rules governing the use of the security measures implemented, in order to prevent the illicit use of the IT resources and to refrain from any act that would undermine the effectiveness of these measures. Any Client that does not comply with the aforementioned obligations incurs the risk of committing a breach of copyright (article L.335-3 of the Intellectual Property Code), punishable by a fine of three hundred thousand (300,000) euros and three (3) years imprisonment.
ARTICLE 8 – CASE OF IMPRÉVISION (UNFORSEEABILITY) AND FORCE MAJEURE
- Unforseeability The parties expressly agree to exclude from the scope of the Contract, events that could not have been foreseen as provided for in the legislation including the provisions of article 1195 of the French Civil Code and the related case law.
- Force majeure The obligations contained in the Contract will not be applicable or will be suspended if they can no longer be performed because of a case of force majeure. The Parties agree for the purposes hereof that force majeure shall refer to an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the Contract and whose effects cannot be avoided by appropriate measures, thereby preventing the debtor from performing its obligation.
The Parties must make every effort to prevent or reduce the effects of non-performance of the Contract caused by an event of force majeure.
The Party seeking to invoke an event of force majeure must immediately notify the other Party of the beginning and end of this event, without which it cannot be released from its responsibility.
If the event of force majeure continues beyond one (1) month, the Contract may be terminated automatically without compensation, by either Party.
Epidemics or pandemics (including COVID 19) may be considered force majeure if they are recognised as such by the French courts.
ARTICLE 9 – CLIENT RESPONSIBILITY
The Client is responsible for any damage caused to the Hotel under the Contract, including physical injury, damage to property or financial losses, and damage to the premises provided, in particular. Where applicable, the Client agrees to bear any cost of repairing the premises.
If the Client is a legal entity, the Client agrees to subscribe and maintain an insurance policy, for the term of the Contract, that covers their activity and the financial consequences of their liability. The Hotel may ask the Client for their insurance certificate on first request.
ARTICLE 10 – RESPONSIBILITY OF THE HOTEL
The Hotel has an insurance policy to cover its third-party liability.
The Hotel is exclusively responsible for any direct loss or damage. By express agreement between the Parties, the loss of business of the Client, as well as any financial or commercial loss, loss of data, orders, foreign exchange loss or loss of customers are not considered direct losses or damage. Under no circumstances shall the Hotel be held liable for any loss or damage of any kind whatsoever, including fire or theft, which may affect objects or equipment owned by the Client.
The photos presented on the Hotel's websites are not contractual. Even if every effort has been taken to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel give as accurate a depiction as possible of the accommodation services offered, the latter may vary, owing to changes in furniture, renovations or brand changes in particular. The Client cannot make any claim in this regard.
ARTICLE 11 - PROTECTION OF PERSONAL DATA
The data collected about the Client are used to process their order and are subject to computerised processing so that the Hotel can improve its offers (loyalty schemes, market research, customer satisfaction surveys, etc.) and tailor them to the needs of the Clients. These data are kept for an undefined amount of time.
In compliance with the "Data protection and civil liberties" law of 6th January 1978, amended in 2004, and with general data protection regulations (GDPR), the Client has the right to access, rectify, oppose, delete and transfer their data, and may exercise this right by sending a request to the Hotel.
The Client may also, for legitimate reasons, oppose the processing of their data, and in the event of litigation, may address the CNIL (French data protection authority).
ARTICLE 11.1.2 CONSUMER OMBUDSMAN
If no solution is provided by our customer services department, you can contact the consumer ombudsman free of charge, under Article L.612-1 of the French Consumer Code.
The Consumer Ombudsman is authorised to handle any national or cross border dispute between a consumer and a company with regard to a sales or service contract.
As such, you can contact the following ombudsman department: La Médiation Tourisme et Voyage, BP 80 303 75 823 Paris Cedex 17 - Khaldi EL WARDI, Secrétaire Général – email@example.com - Tel: 01 42 67 96 68
ARTICLE 12 - CLAIMS AND DISPUTES
In the event of a dispute, claim or disagreement regarding part of the invoice, the Client agrees to promptly pay the undisputed part and to indicate in writing to the Hotel concerned, the reason and the disputed amount, within eight (8) days of the invoice date. A dispute or claim may only be considered if the notification is sent by registered letter with acknowledgement of receipt to the Hotel within a maximum period of eight (8) days following the departure of the Client.
Beyond this eight (8) day period, no claim will be considered by the Hotel.
ARTICLE 13 – ASSIGNMENT – INTUITU PERSONAE
Neither party may assign the rights of the Contract, with or without valuable consideration, without the express consent of the other Party.
ARTICLE 14 - NO WAIVER
The failure of either Party to insist upon the performance of any of the obligations hereof shall not be construed as thereafter waiving any such obligation in the future.
ARTICLE 15 - ENTIRE AGREEMENT
The Contract shall constitute the entire agreement between the parties and shall cancel and supersede any discussions negotiations, understandings and oral or written agreements concerning its subject matter.
In the event that a court or any other competent authority finds any of the provisions of the Contract to be null or unenforceable, in whole or in part, the Contract shall remain valid in all its other provisions and the Parties will make good faith efforts to adapt the conditions of execution.
The Contract may only be amended by a written instrument signed by both parties and shall be binding on the successors and authorised beneficiaries of the Parties.