General terms and conditions of sale
Effective date: 01 June 2024
PREAMBLE
DOMAINES DE PROVENCE is a simplified joint stock company with capital of 250,000 euros, whose registered office is at Château de Berne, chemin des Imberts 83780 FLAYOSC, registered with the Draguignan Trade and Companies Register under SIREN number 817 472 954, and whose intra-community VAT number is FR78817472954 (hereinafter DOMAINES DE PROVENCE).
DOMAINES DE PROVENCE offers hotel services, bed and breakfast services, gîtes and additional services at various establishments: Le Château de Berne (chemin des imberts 83780 FLAYOSC), le Château Saint Roux (route de la Garde Freinet 83340 le Cannet-Des-Maures), la Bastide des Bertrands (route de la garde Freinet 83340 le Cannet-Des-Maures) and l'Etablissement Ultimate Provence (7270 route du Luc 83340 la Garde-Freinet) (all the establishments hereinafter referred to as "the Establishment(s)" and each establishment individually referred to as "the Establishment").
The purpose of these General Conditions is to define the terms and conditions under which the establishments of DOMAINE DE PROVENCE (hereinafter referred to as "the Company") allow their customers (hereinafter referred to as "the Customer(s)") to benefit from all the services, particularly reservations, available on :
- each of the websites of the Company's Establishments, each of the websites being operated by the companies designated in the legal notice for each site, hereinafter referred to as "the Site(s)";
- by telephone to the reservations department of each Establishment, whose contact details are given on each website, or to the Company's reservations department;
- by telephone to the reservations department of each establishment, whose contact details are given on each website;
- on site at the reception desk of each of the Company's establishments;
- through agencies and partners selected by the Company's Establishments.
I. GENERAL PROVISIONS
The Customer is invited to read these General Terms and Conditions carefully, and to accept them before booking any of the services offered on the Site. Customers are advised to save and print these General Terms and Conditions using the standard functions of their browser and computer. It is also the Customer's responsibility to consult the Conditions of Sale for the fare selected, which are specific to each of the Company's Establishments and to the fare selected, before validating their reservation.
The General Terms and Conditions are supplemented by the "Legal Notices" of the Websites, by the "Privacy Policy" and by the "Cookie Management", which are available on the Websites of the Company's Establishments.
For all other booking methods, the Customer will receive the General Terms and Conditions of Sale with confirmation of their booking. Confirmation of a booking implies acceptance of these Terms and Conditions and full and unreserved acceptance of their stipulations.
The Company, acting on its behalf, reserves the right to modify or supplement all or part of these General Terms and Conditions at any time. In this case, the new version of the General Terms and Conditions will be available on the Websites with its date of entry into force. Customers are advised to consult the General Terms and Conditions regularly to take note of any changes. In any event, the Customer will only be bound by the version of the General Terms and Conditions in force at the time the Customer books the service.
The Company is not liable for any damage of any kind that may result from these changes and/or from the temporary unavailability or permanent closure of all or part of the Site or the services associated with it, such as the online booking area, the private area or the unavailability of the booking service for the Company's Establishments.
The Sites contain the following information:
- The legal notices enabling precise identification of the Company publishing the Site;
- The e-mail address and telephone number for contacting the Company's Establishments;
- The essential characteristics of the accommodation offered by the Company's establishments ;
- The essential characteristics of the additional and optional services proposed;
- These General Terms and Conditions.
The following information appears on the Sites' booking engines:
- Prices and all taxes;
- All additional charges applicable to the Services offered on the Sites ;
- How the price is determined when it cannot be calculated in advance;
- The terms and conditions of sale for the selected tariff;
- The period of validity of bids and their price.
- Payment terms ;
- These General Terms and Conditions.
Prior to booking, the Customer declares that this booking is made for his/her personal needs. The Customer, as a consumer, has specific rights, which would be called into question if the Services booked were not for personal use.
All the information provided on the Site(s) is presented in French and English.
The Customer declares that he/she has full legal capacity to enter into commitments under these Terms and Conditions.
II. PURPOSE
These General Terms and Conditions define the rights and obligations of the Customer and the Company operating one of the Company's Establishments for all types of reservation (including remote reservations) of services offered by the Company's Establishments.
They govern all the stages involved in making a reservation and the follow-up of the reservation between the contracting parties.
The Customer acknowledges having read and accepted these General Terms and Conditions of Sale and the Terms and Conditions of Sale for the reserved fare.
III. DESCRIPTION OF SERVICES
The Company offers services for reserving hotel rooms, guest rooms, gîtes, suites, châteaux, villas, country houses or other types of accommodation (hereinafter referred to as "Accommodation Services"), and services complementary to the said Accommodation Services (hereinafter referred to as "Complementary Services", together with the Accommodation Services hereinafter referred to as the "Services"), which may be provided by the Establishments or by external service providers partnering with the Company and offering Services within the Establishments (hereinafter referred to as the "Establishments"). (hereinafter the "Complementary Services", together with the Accommodation Services, hereinafter the "Services"), which may be provided by the Establishments or by external service providers partnered with the Company, offering Services within the Establishments (hereinafter the "Partners").
The Company reserves the right to modify or delete, at any time, all or part of the Services offered, and to change Partners. The Company shall not be liable for any damages of any kind that may result from any modification or deletion of the Services offered, and/or from any change of Partners.
Accommodation services
The Company offers Accommodation Services, the main characteristics of which are specified on the Establishments' Internet Site, during the booking process, including but not limited to: the description of the Services and the Establishments, the details of the room or suite, the dates of availability, the price, the options offered, the payment conditions and the sales conditions applicable to the rate applied (cancellation conditions, arrival and departure times, number of people).
The specific conditions for reserving the Accommodation Service are detailed in the Tariff Sales Conditions. In addition, each of the Company's Establishments adopts its own internal regulations or room directory (hereinafter referred to as the "Compendium") detailing, in particular, check-in and check-out times, the cancellation period, access to Wi-Fi, the specific conditions applicable to minors, and the conditions of non-admissibility or admissibility of animals, where applicable, in the rooms and/or communal areas of the Establishments. The Terms and Conditions of sale of the tariff are brought to the Customer's attention before any confirmation of reservation and validation of payment, and appear in the reservation summary. The Compendium is available in the rooms and at the reception desk of each establishment, and is sent to the Customer on request.
Minors may only stay in one of the Facilities if accompanied by an adult and in possession of personal identification. If the accompanying person is an adult other than a legal representative, the latter must be in possession of parental authorisation from the minor's legal representative, accompanied by a copy of the identity document of the minor's legal representative who issued the certificate. The Establishments may, at any time, request a copy of these documents.
No minor may stay or move around the Facilities alone, or benefit from Complementary Services without the presence of an adult. The Customer chooses between the Accommodation Services according to his/her own needs; he/she is solely responsible for his/her choice and their suitability to his/her needs, such that the Company or the Facilities cannot be held liable in this respect.
Complementary Services
The Company also offers Complementary Services, the main features of which are specified on the Establishments' Internet Site, for each of the Establishments concerned, during the booking process, including but not limited to: the description of the Complementary Services, the times of the Complementary Services, the conditions for booking and accessing the Complementary Services, and the prices of the Complementary Services.
The Customer chooses the Complementary Services on the basis of his/her own needs; he/she alone is responsible for his/her choice and for their suitability to his/her needs, such that the Company or the Establishments cannot be held liable in this respect.
Service Provider Services
The Company may also offer Complementary Services provided by Service Providers who have signed a service contract or partnership agreement with DOMAINES DE PROVENCE and offer their services within the Establishments (the "Service Providers' Services"). The Customer may reserve these Service Providers' Services on the Establishments' Internet Site, by telephone at the reception desk of the Establishments concerned, using the contact form available on the Establishments' Internet Site and/or, where applicable, on the Internet site of the Service Provider referred to on the Establishments' Internet Site, or by exchanging e-mails. The specific terms and conditions of Provider Services are described on the Establishments' Website, or on the Provider's website, to which reference is made on the Establishments' Website.
The Customer chooses between the Services of the Providers according to his/her own needs; he/she is solely responsible for his/her choice and their suitability to his/her needs, such that the Company or the Establishments cannot be held liable in this respect.
Under no circumstances may the Company be held liable due to the quality, modification or deletion of a Service Provider or a change of Partners.
IV. RESERVATION
The Customer chooses services from among those offered by the Company's Establishments according to his/her needs.
The Customer acknowledges that he/she is aware of the nature, price, destination and booking conditions of the services available and that he/she has requested and obtained the necessary and/or additional information, in particular the Conditions of Sale for the fare booked, in order to make his/her booking with full knowledge of the facts.
The Customer may book, on an individual basis, a maximum number of rooms per reservation on the Sites. Please note that the maximum number of rooms that can be booked individually varies from one Establishment to another and is specified in the Compendium of each one. To book a larger number of rooms, the Customer may: contact the sales team by sending an e-mail to the single contact person dedicated to the organisation of group events, whose contact details are given in the tab entitled "Receptions & Seminars" or "Reception and Seminar" depending on the Site of each Hotel, or call this same single contact person, or send a request for a quotation giving details of the services they wish to book.
The Customer chooses between the services on the basis of his/her own needs; he/she alone is responsible for his/her choice and for their suitability to his/her needs, such that the Company or the Establishments cannot be held liable in this respect.
The booking is deemed to have been accepted by the Customer at the end of the booking process.
All bookings are by name only and may under no circumstances be transferred to a third party, whether free of charge or in return for payment. Any reservation made for a third party must be made in the name of the third party holding the holiday.
V. RESERVATION PROCESS
Booking Services :
Bookings made by the Customer are made directly online using the booking engine on the Site of each Establishment, by telephone to the contact details indicated on the Site of each Establishment, using the contact form available on the Site of each Establishment, with the Partners and/or on their websites or with partner travel agencies.
The booking request is confirmed as soon as the Customer receives the booking confirmation sent by one of the Company's Establishments.
Prior to any booking, the Customer undertakes to complete the compulsory information requested when creating the booking file.
Failure to provide information identified as compulsory may result in the Company being unable to register a reservation or handle complaints. The Customer attests to the truthfulness and accuracy of the information provided during the booking process.
The reservation procedure includes the following steps:
- Step 1 - Search for an Establishment among the Company's various Establishments or directly on the Site of the Establishment concerned, choose the type of room and the Conditions of sale for the rate booked,
- Step 2 - Selection, where applicable, of one or more of the Complementary Services on offer,
- Step 3 - Presentation of a summary of the booking, its total price, any additional charges and taxes, the Terms and Conditions of Sale for the rate booked, which include in particular the terms of payment and cancellation conditions, changes if necessary to the choice of services (date, room, rate, additional service), and information concerning tourist tax, service charges, charges linked to payment by bank card and the employee contribution,
- Step 4 - Communication of contact details by the Customer,
- Step 5 - General Terms and Conditions of Sale and Privacy Policy :
On the Site, by ticking the box, the Customer confirms that he/she has read and accepted these General Terms and Conditions of Sale, the Terms and Conditions of Sale for the fare booked and the Privacy Policy before definitively confirming his/her booking; no booking is possible without this agreement.
For all other booking methods, the Customer will receive the General Terms and Conditions of Sale with the confirmation of their booking. Confirmation of a booking implies acceptance of these General Terms and Conditions of Sale and full and unreserved acceptance of their provisions.
- Stage 6 - Finalisation of the reservation or Services by the Customer, with communication of the means of payment,
- Step 7 - Redirection to the Lyra payment service provider's website and communication of credit card numbers in the event of a guarantee or prepayment request,
- Step 8 - Confirmation and validation of the booking and payment by the Customer. Entering the bank details constitutes the Customer's acceptance and has the effect of contractually binding the Customer to the Company Establishment selected.
- Step 9 - Receipt by the Customer of the booking confirmation email and a payment receipt. This email summarises the date the booking was made, the services booked, the prices inclusive of tax with details of any applicable taxes and additional charges, the Conditions of Sale for the fare booked (including cancellation conditions), accepted by the Customer, the General Conditions of Sale and the address of the establishment booked. The Customer is invited to keep his/her payment receipt and all related e-mails.
If the confirmation e-mail or payment receipt is not received within 24 hours of the booking being made, it is the Customer's responsibility to contact the Company's Establishment selected in order to ensure that the information provided is correct and that the booking has been taken into account.
Booking Partner Services :
Partner Services can be booked directly with each Partner, in accordance with the conditions detailed on the Site of the Establishments or on the website of the Partner referred to on the Site of the Establishments concerned.
The Company and the Establishments where the Partner Service is carried out remain third parties to the existing contractual relationship between the Customer and the Partner.
Bookings made through the Company's partner travel agencies:
Services may be booked through the Company's partner travel agencies, which will contact the relevant Establishment directly. The travel agency will provide the relevant Establishment with the information required for the booking process described in the above articles. The Establishment concerned will send a payment link to the partner travel agency and/or to the Customer, as the case may be, to validate and confirm the booking.
The Company may not, under any circumstances, be held liable in the event of an error by the travel agency in the booking.
VI. CANCELLATION OR MODIFICATION
On the Customer's initiative :
In accordance with article L. 221-28, 12° of the French Consumer Code, Customers are reminded that they do not have the right of withdrawal provided for in article L. 221-18 of the French Consumer Code.
The Conditions of Sale for the fare booked and accepted by the Customer specify the terms and conditions for cancelling and/or modifying the booking. Bookings with prepayment for a non-refundable and non-cancellable fare cannot be modified and/or cancelled.
In the case of a pre-payment booking for a non-refundable or non-cancellable fare, there will be no refund in the event of interruption of the stay.
Where permitted by the conditions of sale of the reserved fare:
- Reservations made on the Site may be cancelled directly on the Site via the "Reservations" section, or with the selected Establishment. Reservations made via the Site of one of the Establishments may only be cancelled with the said Establishment.
- Changes to the booking can be made directly with the Company's selected Establishment, whose telephone number is given in the confirmation e-mail received by the Customer.
- In the event of a no-show, i.e. in the event of a reservation that has not been cancelled but for which the Customer has not shown up at the Company's Establishment on the reserved day, and insofar as the reservation has been guaranteed by credit card or prepaid, the reserved Establishment will debit, by way of compensation, the sum of one night reserved, or will not reimburse the sum paid by way of prepayment in accordance with article 1590 of the Civil Code. If more than one night is booked, the cancellation conditions will apply in accordance with the Conditions of Sale of the rate booked.
In the event of cancellation within the period and under the conditions specified on the booking summary and in the Fare Sales Conditions, the price of the Service may be refunded in full to the Customer.
If a Service is interrupted by the Customer during the Service, no reimbursement or compensation will be made for the part of the Service not carried out due to the interruption requested by the Customer.
At the initiative of one of the establishments :
In the event of an exceptional event or the impossibility of making the type of room reserved available to the Customer, or in the event of force majeure, the Company's Establishment reserved may offer the Customer an accommodation solution in an Establishment of at least an equivalent category or, if it is of a lower category, a room of a higher standard than that originally reserved, for services of the same nature. If the Customer does not accept the proposed alternative solution, he/she is free to request cancellation of the Service booked, in return for reimbursement of all sums paid by the Customer for the booking of the cancelled Service.
VII. COMMITMENTS AND RESPONSIBILITIES OF THE CUSTOMER
All persons staying at the establishment must be able to present a valid form of identification on check-in/arrival. If they fail to do so, the Company's Establishment may refuse to rent them a room and/or cancel the reservation they have made, without any possibility of reimbursement.
Foreign customers, including accompanying adults and teenagers aged over 15, will be required to complete an "individual police form". Children under the age of 15 may appear on the card of an accompanying adult. The information contained in these forms is governed by articles R.814-1 to R.814-3 of the Code de l'entrée et du séjour des étrangers et du droit d'asile.
The customer may not bring third parties into the room without the express authorisation of the Company's Establishment, which reserves the right to carry out any necessary checks and to charge any supplements.
We welcome dogs provided they are kept on a lead in all common areas of the establishment, it being understood that the Company's Establishments may refuse to accept any pet or other animal likely to present a safety risk to other occupants, the assessment of this risk being left to the discretion of the Company's Establishments. For reasons of hygiene, animals are not allowed in the restaurant areas or near the swimming pools, fitness areas, spa and wellness areas (these provisions do not apply to guide or assistance dogs). To ensure everyone's peace and quiet, pets must not be left unattended. You may be charged an additional fee per animal. Please refer to the specific conditions of each establishment on the Site for details of acceptance.
The Company's Establishments reserve the right not to receive or to expel, without refund, Customers whose dress is indecent or negligent, whose dress is intended to conceal the face (Law N°2010-1192 of 11 October 2010), Customers whose behaviour is noisy, improper or alcoholic, Customers whose behaviour is contrary to hygiene, good morals or public order. Correct dress is required in the restaurants and in the public areas of each Establishment.
The Customer shall be courteous and respectful towards the staff of each Establishment. Customers must refrain from any verbal or physical violence, any racist behaviour or remarks or any form of harassment, failing which they will be excluded without refund.
The Customer agrees not to use the IT resources made available to him/her in the Establishments (in particular the Wifi Internet network) to contravene the applicable regulations.
In order to respect the privacy and image rights of other customers of one of the Company's Establishments, the Customer undertakes not to take photographs of them on the premises of the Establishment or its outbuildings and/or not to publish photographs taken under such conditions.
The Customer accepts and undertakes to use the room and the communal areas made available to him/her in a reasonable manner. Any damage caused by the Customer or the Customer's occupants in the room or in the various areas occupied by the Customer during the stay must be reported to the establishment's reception desk and the Customer may be billed directly for the cost of repairing the damage.
For safety reasons and out of respect for everyone, it is strictly forbidden to smoke inside the establishment. In accordance with the provisions of the French Public Health Code setting out the conditions for the application of the ban on smoking in places designated for collective use, smoking in the Establishment exposes the customer to the fine provided for third-class offences or to legal proceedings.
Customers could face a penalty of up to €2,000 if they fail to comply with the no-smoking sign in their room.
Unless otherwise expressly agreed, the Customer must leave the room before 11.00 am on the day the reservation ends. Failure to do so will result in an additional night being charged.
Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the order at the Customer's expense, without prejudice to any civil or criminal action against one of the Company's Establishments.
VIII. COMMITMENTS AND LIABILITIES OF THE COMPANY'S ESTABLISHMENTS
The Company's Establishments are bound by the guarantee of conformity of the Services, under the terms of Articles L. 217-1 et seq. of the French Consumer Code.
The Company undertakes, within the framework of an obligation of means, to provide access to the Facilities and Services offered in compliance with the General Terms and Conditions, and to act with diligence and competence and to make every effort, within reasonable limits, to remedy any problems or malfunctions brought to its attention.
The Company's Establishments may, however, be obliged to suspend the Service temporarily without notice, in particular for technical maintenance or security reasons, without this entailing any liability.
In the exceptional context of a health or other crisis, if measures restricting access or even prohibiting the use of certain areas open to the public are taken by the competent administrative authorities, the Client is informed that the Company and the Establishments concerned may restrict, partially or totally, access to certain Services or areas within the Establishments, without the Company being held liable. In such a case, the Company undertakes to inform the Customer as soon as possible of the restrictions implemented and the consequences for the Service reserved. The Customer may not claim any compensation in such circumstances.
The Customer acknowledges and accepts that the Company cannot be held liable for any inconvenience or damage associated with the use of the Internet, including, but not limited to, the following:
- Poor transmission and/or reception of any data and/or information on the Internet;
- The failure of any reception equipment or communication lines; and
- Any malfunction of the Internet network preventing the Site from functioning properly.
In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements making up the Company's offers on the Site(s) are strictly prohibited, as is any reproduction of the decor and/or characteristic elements of the Company's Establishments.
The photographs presented on the Site(s) are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Company's Establishments give as accurate an idea as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture, possible renovations or climatic phenomena. The Customer may not make any claim as a result.
IX. PRICE AND PAYMENT
Price :
Prices for booking services are communicated before, during and after booking.
Prices quoted are per room / suite / villa for the number of person(s) and date(s) selected. Unless otherwise stated, additional services (breakfast, half board, full board, etc.) are not included in the price. When the Customer's booking is confirmed, the total cost of the services booked will be indicated.
Prices include VAT applicable on the day of booking and any change in the VAT rate will automatically be reflected in the prices indicated on the date of invoicing.
All additional charges applicable to the selected rate and how they are calculated are explicitly communicated before and at the time of booking. These include tourist tax, employee contribution, service charges and credit card payment charges where applicable in accordance with the fare's Conditions of Sale.
Prices are confirmed to the Customer inclusive of all taxes, in the commercial currency of the Establishment (the Euro). The prices communicated are only valid for a given period. All bookings are payable in the local currency of the Establishment.
If a price implies that payment must be made directly to the Establishment in a currency other than that confirmed on the booking, the exchange costs (conversion and bank charges) are payable by the Customer. It should be noted that if the currency confirmed on the booking is converted into another currency, this is given purely as an indication and is not contractual, particularly in view of possible changes in exchange rates between the date of booking and the date of stay at the establishment.
The tourist tax, and any other tax specific to the communes indicated for each price, must be paid directly to the establishment, except in the case of online prepayment where this amount may be included.
Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of invoicing. These taxes will be communicated to the Customer at the time of booking, if they are known to the Establishment at that time. Failing this, they will be displayed in the reception area of the Company's establishment booked. The Customer undertakes to pay the various taxes, without any dispute, to the reserved Establishment.
The Company's Establishments guarantee that their best rates are offered on the Sites. If, after having booked one of the Company's Establishments on the Sites, the Customer finds an equivalent offer for the same date or dates, at a lower rate for the same Establishment, the same number of people and the same type of room, the same services (breakfast, etc) at the same conditions of sale (cancellable or not, refundable or not) on another Internet site (excluding exclusions), excluding tourist tax but including administration costs, the Company's Establishments guarantee you this rate together with an additional product at the Establishment's discretion.
Payment :
At the end of the booking process, a payment link will be sent to the Customer at the e-mail address provided during the booking process. The Terms and Conditions of Sale of each Establishment's price list detail the payment terms (amount of deposit, payment dates and conditions, and refund conditions), which may differ depending on the Establishments concerned and the Services booked.
By clicking on the payment link, the Customer will be directed to the website of the Company's payment service provider, Lyra. This service provider uses a secure payment tool that encrypts bank details and is PCI DSS certified.
If the Customer uses the online booking engine to make a booking, at the end of the booking process they will be taken directly to the website of the payment service provider Lyra.
During the booking process, the Customer must provide his/her payment details in order to validate the booking of the Service(s) chosen. The following credit cards are accepted on the Establishments' Internet Site: Visa, Mastercard and American Express. The Company reserves the right to modify this list at any time.
The Customer provides his/her payment details either to prepay the reservation before the stay, or as a guarantee for the reservation in the event of a "no-show". In the case of a bank card, the information required is: the bank card number, with no spaces between the digits, the name of the cardholder, the date of validity (it is specified that the bank card used must be valid at the time of the stay) and the visual cryptogram in the case of prepayment.
The designated partner carries out security checks on the Customer's payment card, such as checking the amount outstanding, checking the country of the card and checking the country of the IP address. The card may be refused for various reasons, in particular if it is stolen, blocked, the limit has been exceeded, or if an input error has been made, etc. However, payment must be finalised, without exception, in order to confirm the booking and it is the customer's responsibility to ensure this.
If the bank refuses to accept payment, the reservation will be automatically cancelled. Furthermore, any Booking or payment that is irregular, inoperative, incomplete or fraudulent for any reason attributable to the Client will result in the cancellation of the booking at the Client's expense, without prejudice to any action that the Company may take against the Client.
As part of the fight against Internet fraud, information relating to the Client's reservation may be transmitted to any third party authorised by law or designated by the Company for the sole purpose of verifying the Client's identity, the validity of the reservation and the method of payment used. The Company reserves the right to request a photocopy of the Client's identity card and/or any information relating to the Client as part of this check.
The credit card is debited when the payment is validated, after confirmation from the card-issuing bank. In accordance with the provisions of article L. 132-2 of the French Monetary and Financial Code, the undertaking to pay given by means of a payment card is irrevocable. Consequently, by communicating the information relating to his/her payment card, the Customer authorises the Company and/or the Establishments to debit his/her payment card for the amount corresponding to the total price, inclusive of tax, of the Service reserved. The Customer declares that he/she is the holder of the payment card provided, to be debited, and that the name appearing on the payment card is indeed his/her own.
Payment by bank transfer may also be requested by the establishment for bookings of over €2,500 or at the express request of the customer.
In the event of payment at the Establishment, each of the Company's Establishments may accept different means of payment, but the Customer must present to the Establishment the bank card used to guarantee the reservation or make the prepayment in order to ensure the Customer's identity. The Establishment may also ask the Customer to show proof of identity in order to prevent credit card fraud.
If the Customer has not prepaid for his/her stay, the Establishment will ask the Customer, on arrival, for a deposit or authorisation to debit the bank card to guarantee the stay, corresponding to the total amount of the nights booked plus a fixed amount per person per day, which varies according to the Establishment, to guarantee any additional consumption.
The same guarantee will be required from invited third parties.
In the event of a no-show, i.e. in the event of a reservation that has not been cancelled but for which the customer has not shown up at the Establishment on the reserved day, and insofar as the reservation has been guaranteed by credit card, the Establishment of the reserved Company will debit the sum of one reserved night as compensation due for the loss suffered as a result of the no-show. If more than one night is booked, the cancellation terms and conditions applicable to the rate booked will apply.
If the amount due is not paid at the time of departure, the Establishment will debit the total amount from the bank card used as a guarantee.
In addition, in the event of damage to the room, walls, furniture or equipment by the Customer, the Establishment will inform the Customer and charge the cost of cleaning or replacing the damaged equipment to the credit card used as a guarantee.
For stays of more than one week in one of our establishments, the Customer will receive a weekly invoice covering all services, items and consumption over the last seven days.
X. PERSONAL DATA
Your personal data requested as part of your booking, i.e. your title, surname, first name, postal address, telephone number with country code, e-mail address, payment card details (number, type of card, name of cardholder, expiry date and security code if sent to us), as well as any data communicated or generated by your browsing, constitute confidential data.
It is only accessible to the Company and to our subcontractor in charge of managing our "reservations" pages and is used to process your reservations and stays and; provided that you have accepted by ticking the corresponding box, to send you our newsletter, or to respond to your requests or communicate commercial offers. They are kept for the time necessary for the commercial relationship established between the Customer and the Company.
Certain information requested in the forms is compulsory and is indicated by an asterisk. If the Customer chooses not to provide this information, the Establishment will not be able to process the request.
Pursuant to the amended French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (2016/679), the Customer has the right to access, rectify, delete and request a restriction on the processing of personal data concerning him or her.
Customers also have the right to oppose the processing of their data for legitimate reasons and the right to oppose the processing of their data for commercial prospecting purposes.
For more information on the processing of their personal data and on all their rights, Customers may consult the privacy policy of the Company's Establishments:
For Château de Berne : https://www.chateauberne.com/politique-de-confidentialite/
For Château Saint-Roux : https://www.chateausaintroux.com/politique-de-confidentialite/
For Ultimate Provence : https://www.ultimateprovence.com/politique-de-confidentialite/
Customers may exercise their rights at any time by sending an e-mail to the Establishment concerned:
For Château de Berne : reservation@chateaudeberne.com
For Château Saint-Roux : reservation@chateausaintroux.com
For Ultimate Provence : reservation@ultimateprovence.com
In accordance with articles L.223-1 and L.223-2 of the French Consumer Code, consumers who do not wish to be the subject of commercial canvassing by telephone can register free of charge on a telephone canvassing opposition list. This list can be accessed via the following website: https://www.bloctel.gouv.fr/
XI. EVIDENCE AGREEMENT
Entering the required bank details and accepting these General Terms and Conditions and the booking request constitutes acceptance of the hotel contract between the parties, which has the same value as a handwritten signature.
The computerised records stored in the Company's computer systems will be kept in reasonable conditions of security and will be considered as proof of communications, orders and payments between the parties.
XII. INTELLECTUAL PROPERTY RIGHTS
The trademark and logo "MDCV", "Domaines de Provence", the names of the Establishments and the logos "Château de Berne", "Château Saint-Roux", "Château des Bertrands", "UP", "Ultimate Provence", as well as all the figurative trademarks, and more generally, all the illustrations, images, drawings, logos appearing and used on the Establishments' Internet Site belong to the Company, or are used by the Company by virtue of a valid right of use.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason whatsoever and on any medium whatsoever, without the express prior consent of the Company, is strictly prohibited. In particular, the use and reproduction of all or part of the elements of the Services presented on the Internet Site of the Establishments as well as the reproduction of the decor of the Houses are strictly prohibited.
XIII. FORCE MAJEURE
The Company may not be held liable to the Customer in the event of non-performance of its obligations resulting from an event of force majeure.
Similarly, the Client may not be held liable to the Company in the event of non-performance of its obligations resulting from an event of force majeure.
It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising therefrom. The following are considered to be cases of force majeure or fortuitous events, as usually recognised by the case law of the French Courts and Tribunals, including but not limited to: any event of a climatic, bacteriological, military, political, economic, social or IT nature, on such a scale, beyond the control of the parties, which could not reasonably have been foreseen at the time of conclusion and the effects of which cannot be avoided by appropriate measures, preventing the performance of a contractual obligation.
The reserved Establishment may offer the Customer an accommodation solution in an Establishment of at least equivalent category or, if it is of a lower category, a room of a higher level than that originally reserved, for services of the same nature. Any additional costs associated with this change of accommodation, for services of the same nature, will be borne by the Establishment originally booked. The Customer may also cancel the booking, in which case a credit note will be issued or an immediate refund made.
XIV. INTEGRALITY
These General Terms and Conditions of Sale, the conditions of sale of the fare booked by the Customer, and the booking confirmation express the entirety of the obligations of the parties.
No general or specific conditions communicated by the Customer may be incorporated into these General Terms and Conditions.
The documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking form or request (including the Conditions of Sale for the fare booked) that has been validated by the Customer and these General Conditions.
In the event of any contradiction between the booking confirmation and these General Terms and Conditions, the provisions set out on the booking confirmation shall be the only ones applicable to the obligation in question.
XV. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
In the event of a dispute relating to these General Terms and Conditions or any other dispute with one of the Company's Establishments, the parties will endeavour to find an amicable solution. To do this, the Customer must first contact the Establishment concerned by e-mail or by post using the contact details indicated on each Site.
Information about the Establishment is available in the booking confirmation email, and on the Establishment details page on the Establishment website.
These General Terms and Conditions of Sale are governed by French law. This applies to both substantive and formal rules.
In the absence of an amicable agreement or a response from the Establishment within two months, the Customer may refer the matter to the Consumer Ombudsman, whose contact details are as follows:
- Or by completing the form provided on the AME CONSO website: www.mediationconso-ame.com ;
- Or by post addressed to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
Customers are also informed of the existence of a European Online Dispute Resolution ("ODR") platform to which they may have recourse. The Customer can access this platform via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
XVI. PRE-CONTRACTUAL INFORMATION
The Customer expressly acknowledges having been informed, prior to confirmation of their booking, in a legible and comprehensible manner, by means of the General Terms and Conditions and the Fare Sales Terms and Conditions, in accordance with the provisions of article L. 221-5 of the French Consumer Code :
- On the essential characteristics of the Services,
- On the prices of Services and any ancillary costs;
- Cancellation and modification conditions for reserved Services;
- The identity of DOMAINES DE PROVENCE and its establishments, and their contact details;
- Applicable legal and contractual warranties;
- On the possibility of resorting to conventional mediation in the event of a dispute ;
- the absence of a right of withdrawal; and
- Payment methods.
Consequently, the fact that a Customer makes a reservation on the Website of one of the Establishments implies full and complete acceptance of the General Terms and Conditions, and an obligation to pay for the Services reserved, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against DOMAINES DE PROVENCE and/or the Establishments.
