Terms and Conditions — Groups
Services
Version dated 15 March 2025
ARTICLE 1. DEFINITIONS
The terms defined below shall have the following meanings in these general terms and conditions of sale for services applicable to groups:
"Consumer Customer(s)". : refers to all natural persons who possess the legal majority and the full legal capacity to engage under these General Conditions for personal purposes that do not fall within the scope of their commercial, industrial, artisan, liberal or agricultural activity and who wish to book more than four (4) rooms, organize an event or privatize part of the Establishment.
"Professional Customer(s)". Customer: refers to any natural person or legal entity with full legal capacity to enter into a contract and who purchases the Services for several people for exclusively professional purposes, as part of their commercial, industrial, craft, liberal or agricultural activity.
"Customer(s) means Consumer Customers and Professional Customers, whenever the provisions of the General Terms and Conditions apply regardless of whether they are consumers or professionals.
"General Conditions : refer to the present general terms and conditions of sale for services provided by the establishments of the Domaine de Fontenille and applicable to the groups.
"Special Conditions Reservation: refers to the specific conditions attached to the Reservation and agreed between the Parties when the Contract is concluded.
"Tariff conditions Price: refers to all the prices of the Services offered by the Establishments to their Customers.
"Reservation Confirmation : refers to the document summarizing the details of the reservation made by the Client, sent by email or transmitted by the Establishment directly to the Client.
"Contract means these General Terms and Conditions and the Special Terms and Conditions agreed between the Customer and Les Domaines de Fontenille or the Establishments.
«Group(s)» : refers to the Client(s) who make a reservation identified with 5 or more rooms comprising identical services and booked by the same person.
"Establishment(s) : refers to the establishment(s) operated by the group ’ Les Domaines de Fontenille«:
- Domaine de Primard – West of Paris;
- Domaine de Fontenille – Luberon;
- Les Bords de Mer — Marseille;
- Les Hortensias du Lac — Hossegor;
- 70 Hectares… & l’Océan — Seignosse;
- Santa Ponsa – Menorca;
- Torre Vella — Menorca;
- Les Hautes Mers — Île d’Yeu;
- Les Bassans - Perros-Guirec ;
- Domaine de Chalamon – Saint-Rémy-de-Provence;
- Bastide du Mourre – Oppède;
- Pieve Aldina – Radda in Chianti
- Bar de la Meule – Ile d’Yeu;
- The Cabane des Estagnots – Seignosse
"Les Domaines de Fontenille : refers to the group controlled within the meaning of Article L. 233-3 of the Commercial Code by the company Les Domaines de Fontenille, a simplified joint-stock company with a share capital of 94,626,400 euros, specializing in the management of funds, whose registered office is located at Domaine de Fontenille – 84360 Lauris, registered in the Commercial and Companies Register of Avignon under the unique identification number 798 361 184, whose unique VAT identification number is FR13798361184 and whose customer service can be contacted by email at contact@lesdomainesdefontenille.com.
“Party/Parties” : refers separately or jointly to Les Domaines de Fontenille and/or the Establishment and the Client.
"Privacy Policy : refers to the document that sets out the commitments of the Domaine de Fontenille regarding the processing of confidential data, and in particular the personal data of the Customers, in the context of a Booking, a stay, or a contact form, and is available on the website www.lesdomainesdefontenille.com.
"Internal Regulations Rules of conduct: refers to the rules of conduct that the Customer must adopt within the Establishments.
"Reservation Refers to any request for Accommodation Services and/or Additional Services made by the Client.
"Remote booking : refers to the Booking made by the Customer via the contact form on the Website www.lesdomainesdefontenille.com, or by e-mail at or by telephone at the following addresses:
- Domaine de Primard - West of Paris : reservations@domainedeprimard.com and 02 36 58 10 08 ;
- Domaine de Fontenille - Luberon : reservations@domainedefontenille.com and 04 13 98 00 00 ;
- Les Bords de Mer - Marseille : reservations@lesbordsdemer.com and 04 13 94 34 00 ;
- Les Hortensias du Lac - Hossegor : réception@leshortensiasdulac.com and 05 58 43 99 00 ;
- 70 Hectares... & the Ocean - Seignosse : réservations@70hectares.com and 05 58 45 76 16 ;
- Santa Ponsa - Minorca : receptionsp@fontenillemenorca.com and +34 971 372 352 .
- Torre Vella - Minorca : receptiontv@fontenillemenorca.com and +34 971 217 409 ;
- Les Hautes Mers - Ile d'Yeu : reservations@leshautesmer.com and 02 51 37 01 12 ;
- Les Bassans - Perros-Guirec ; reservations@lesbassans.com and +33 2 96 23 25 42 ;
- Domaine de Chalamon - Saint-Rémy-de-Provence : reservations@domainedechalamon.com and 04 87 83 10 10;
- Bastide du Mourre - Oppède : reservations@bastidedumourre.com and 04 87 83 00 00 ;
- Pieve Aldina - Radda in Chianti : reservations@pievealdina.com and +39 0577 1911511; .
- Le Bar de la Meule - Ile d'Yeu: contact@bardelameule.com and 02 51 59 57 32
- La Cabane des Estagnots - Seignosse : réservations@70hectares.com and 05 58 45 76 16
"Services Complementary Services and Accommodation Services.
"Complementary Services : refers to the complementary services to the said Accommodation Services such as, for example, a request for breakfast, lunch or dinner or a request for spa reservation. This list is not exhaustive. The complementary services vary depending on the chosen Establishment.
"Accommodation Services : refers to the reservation of hotel room(s) and/or more generally to the accommodation provided by the Client at a distance via email, telephone or on-site.
"Website : refers to the website accessible at the address www.lesdomainesdefontenille.com and published by Les Domaines de Fontenille, hosted by Cendyn France, a simplified joint-stock company registered with the Paris Trade and Companies Register under the number 509 986 188, whose registered office is 77 rue du Faubourg Saint-Antoine, 75011 Paris.
ARTICLE 2. PURPOSE AND GENERAL PRINCIPLES
2.1 The General Conditions applicable to Groups aim to define the terms and conditions under which Les Domaines de Fontenille enables its Customers to benefit from all the Accommodation Services and/or all the Additional Services within the Grouped Establishments for seminars, banquets, business trips, congresses, events and events, whether residential or not. The «Group» General Conditions apply from 5 rooms comprising identical services and for reservations made by the same person.
2.2 Any reservation at the establishments implies the prior consultation and full and unreserved acceptance by the Client of these General Conditions as well as the Tariff Conditions. The Client declares that he/she has obtained from Domaines de Fontenille all the necessary and available information to proceed with the Reservation of Accommodation Services and/or Additional Services.
2.3 The Domaines de Fontenille reserves the right to deviate from the General Conditions by negotiating Specific Conditions with its Customers.
2.4 The General Conditions do not govern the offer, reservation or ordering of Accommodation Services and/or Additional Services offered by entities other than Les Domaines de Fontenille. Les Domaines de Fontenille cannot in any way be held responsible for reservations offered by third parties.
2.5 The General Conditions are accessible at any time on the Les Domaines de Fontenille website and shall prevail, as appropriate, over any other version or contradictory document, except for modifications agreed upon in the Specific Conditions.
2.6 The Domaines de Fontenille reserves the right to adapt, modify or supplement, at any time, all or part of these General Conditions. The modified Conditions will be applicable to Customers as soon as they come into effect unless the Customer objects in writing within one (1) month, in which case the version applicable to Customers will remain the one in effect at the date of the Reservation. It is advised that Customers regularly consult the General Conditions to be aware of any possible changes.
2.7 The failure to exercise, at any time, a prerogative recognized by the General Conditions or to require the application of any of its provisions shall in no case be interpreted as a modification of the General Conditions, nor as an express or tacit waiver of the right to exercise that prerogative in the future or of the right to require the scrupulous execution of the commitments undertaken under the General Conditions.
2.8 Any clause of these General Conditions that would be declared null or illegal by a court decision would be void, but its nullity shall not affect the other provisions, nor shall it affect the validity of the General Conditions as a whole or their legal effect. In this case, the Parties shall, if possible, replace this declared null clause with a valid provision corresponding to the spirit and purpose of the Contract.
2.9 Pursuant to Article L 441-6 of the Commercial Code, the General Conditions govern, in particular, the relations between the Establishment and Professional Clients making a Professional Group Booking in the context of their professional activity. No document issued by the Professional Clients may be considered contractual or applicable to the Booking and the contracts unless expressly accepted by the Domaines de Fontenille. In the event of a contradiction or difference in interpretation between the General Conditions of the Domaines de Fontenille and the general purchase conditions of Professional Clients, the Domaines de Fontenille and the Professional Clients agree that these General Conditions shall prevail.
2.10 The data recorded in the IT system of Les Domaines de Fontenille constitute proof of the conclusion of the Contract and of all transactions concluded with the Customers. Thus, the Booking, the entry of bank information, the acceptance of the General Conditions, the Tariff Conditions, and the Privacy Policy between Les Domaines de Fontenille and the Customers have the same value as a handwritten signature on paper. The computerized records kept in the IT systems of Les Domaines de Fontenille will be kept under reasonable security conditions and considered as evidence of communication, order, and payment that took place between Les Domaines de Fontenille and the Customers.
ARTICLE 3. PRECONTRACTUAL INFORMATION
The Customer acknowledges that, prior to making a Reservation and entering into the Contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions and also with the following information:
- The essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- The price of Services and ancillary costs ;
- In the absence of immediate performance of the contract, the date or time by which the Service Provider undertakes to provide the Services ordered ;
- Information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
- Information on legal and contractual warranties and how they apply;
- The functionalities of the digital content and, where appropriate, its interoperability ;
- The possibility of using conventional mediation in the event of a dispute ;
- Information on the right of withdrawal, cancellation and other important contractual conditions;
- Payment methods accepted.
ARTICLE 4. BOOKING SERVICES
4.1 The Customers acknowledge having become aware of the nature, destination and booking procedures of the Services offered by the Establishments and having requested and obtained the necessary information to make their Booking in full knowledge of the facts. They are solely responsible for their choices of Services and their suitability to their needs, so that the Establishments’ liability cannot be sought.
4.2 The Customers certify the veracity and accuracy of the information transmitted, and undertake to immediately report any error to the Establishment.
4.3 The registration of a Booking is made when the Customers accept all of these General Conditions and the Specific Conditions.
4.4 The sale of Services will only be considered final after the Booking Confirmation has been sent to the Customers by email and after the Establishment has received the amount corresponding to the deposits.
4.5 The Establishments reserve the right to cancel or refuse any Booking from Customers with whom there would be a dispute regarding the payment of an earlier Booking.
4.6 For any residential seminar, the Client must send in writing (email or letter) to the Establishment the list of participants and the allocation of rooms, no later than seven (7) days before the scheduled arrival date.
4.7 Customers can make a Service Reservation by phone or email with the selected Establishment:
Domaine de Primard - West of Paris : reservations@domainedeprimard.com and 02 36 58 10 08 ;
Domaine de Fontenille - Luberon : reservations@domainedefontenille.com and 04 13 98 00 00 ;
Les Bords de Mer - Marseille : reservations@lesbordsdemer.com and 04 13 94 34 00 ;
Les Hortensias du Lac - Hossegor : réception@leshortensiasdulac.com and 05 58 43 99 00 ;
70 Hectares... & the Ocean - Seignosse : réservations@70hectares.com and 05 58 45 76 16 ;
Santa Ponsa - Minorca : receptionsp@fontenillemenorca.com and +34 971 372 352 .
Torre Vella - Minorca : receptiontv@fontenillemenorca.com and +34 971 217 409 ;
Les Hautes Mers - Ile d'Yeu : reservations@leshautesmer.com and 02 51 37 01 12 ;
Les Bassans - Perros-Guirec ; reservations@lesbassans.com and +33 2 96 23 25 42 ;
Domaine de Chalamon - Saint-Rémy-de-Provence : reservations@domainedechalamon.com and 04 87 83 10 10
Bastide du Mourre - Oppède : reservations@bastidedumourre.com and 04 87 83 00 00 ;
Pieve Aldina - Radda in Chianti : reservations@pievealdina.com and +39 0577 1911511; .
Le Bar de la Meule - Ile d'Yeu: contact@bardelameule.com and 02 51 59 57 32
La Cabane des Estagnots - Seignosse : réservations@70hectares.com and 05 58 45 76 16
4.8 During the Distance Booking, the Establishments provide the Customers with all the information necessary to make their choice and proceed with their Booking.
4.9 The Establishments then send an e-mail quote to the Customers together with the General Terms and Conditions of Sale and the Tariff Conditions.
4.10 The Client, if they accept the terms of the quotation, must confirm their Booking and return to the Establishment a copy of the duly dated, signed and stamped «Valid for agreement» quotation, together with the Professional Client’s stamp, if applicable, which will then form the Specific Conditions and will be deemed to constitute acceptance of the General Conditions.
ARTICLE 5. PRICES
5.1 Prices are expressed in Euros, excluding taxes («HT») or including taxes («TTC»). The rates for the Accommodation Services are per room for the number of people and the selected date. The rates are confirmed to the Client in T.C. (excluding accommodation taxes) in the commercial currency of the Establishments.
5.2 The prices take into account any discounts that the Establishments may offer. These rates are firm and non-revocable during their validity period. Domaine de Fontenille reserves the right, outside this validity period, to modify the prices at any time.
5.3 Prices include the VAT applicable on the day of the Reservation. Any change in the applicable VAT rate will be automatically reflected in the prices indicated at the date of invoicing. Likewise, any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be reflected in the prices.
5.4 The rates for the Accommodation Services indicated do not include the tourist tax. The tourist tax can be paid directly on site at the establishment upon departure from the accommodation, at the time of the client’s departure.
5.5 The Additional Services (such as breakfast or spa services) are not included in the price and are displayed separately.
5.6 The conversion into foreign currency is given for indicative and non-contractual purposes. If a rate involves payment directly to the Establishment upon the arrival or departure of the Client and the Client’s currency is not the same as that of the Establishment, the rate of the Establishment may be different from that communicated at the time of Booking, taking into account the evolution of the exchange rate between the date of Booking and the date of payment.
ARTICLE 6. PAYMENT
6.1 Provisions applicable to Professional Clients
6.1.1 Payment on account
6.1.1.1 Except in the case of Special Conditions, in order to be registered, all Reservations must be accompanied by a deposit of 100% of the total amount of the Reservation, inclusive of all taxes, at the time the Reservation is made.
6.1.1.2 The Customer will be sent an invoice within seven (7) days of leaving the Establishment.
6.1.2 Payment of the balance
6.1.2.1 Unless otherwise stipulated in the Special Terms and Conditions, the balance of the Reservation as well as the Complementary Services (in particular with tourist taxes, breakfast, SPA) must be paid at the end of the stay and will be subject to additional invoicing.
6.1.2.2 For Professional Customers, in accordance with article L.441-6 of the French Commercial Code, a flat-rate penalty of €40 will be payable if payment is not received by the day after the payment date shown on the invoice, as well as late payment penalties equal to three (3) times the current legal interest rate. The Establishment reserves the right to request additional compensation, on presentation of proof, if the recovery costs actually incurred exceed this amount of €40.
6.2 Provisions applicable to Consumer Customers
6.2.1 Payment on account
6.2.1.1 Except in the case of special conditions, for all Reservations, the Customer is asked for his/her bank card payment details or is sent a secure payment link to prepay 100% for the amount of the Reservation at the time of the Reservation, excluding Complementary Services. The amount of the deposit may vary in the Special Terms and Conditions with regard to (i) the season and/or (ii) the location of the Establishment. This information will be communicated to the Customer prior to the Reservation.
6.2.1.2 By express agreement, and notwithstanding Articles L.214-1 et seq. of the French Consumer Code, this sum corresponds to a deposit and not a down payment.
6.2.1.3 Except in cases of force majeure, Reservations cannot be cancelled or modified, as described in Article 7 "Cancellation or modification" below.
6.2.1.4 The following credit cards are available for online payment: Visa, MasterCard, AmericanExpress, DinersClub, Jcb.
6.2.1.5 Payment data is exchanged in encrypted mode using SSL protocol.
6.2.2 Payment of the balance
6.2.2.1 Notwithstanding the provisions of article 6.2.1.1 in the Special Terms and Conditions, the balance of the Reservation and the Complementary Services are payable at the end of the Customer's stay by credit card or bank transfer. Cheques and holiday vouchers are not accepted by the Establishments.
6.2.2.2 Credit cards accepted by the Establishments are Visa, MasterCard, AmericanExpress, DinnersClub and Jcb.
6.2.2.3 The Establishments reserve the right to ask the Customer to show proof of identity and/or any information relating to the Customer's identity in order to prevent credit card fraud.
6.2.2.4 An invoice will be sent in electronic format to the email address provided by the Customer. If the Customer wishes to receive an invoice in paper format, they must expressly request this from the Establishment.
6.3 Common provisions
6.3.1 The Establishment reserves the right to invoice any additional costs incurred as a result of a special request or special circumstances or special deterioration noted after the Customer's departure. An additional invoice may therefore be sent at a later date by the Establishment.
6.3.2 Payment for Additional Services requested individually by one or more of the participants and which were not included in the Reservation made by the Customer for the group, will be made directly by the participants concerned at the Establishment reception desk before their departure (individual payment).
6.3.3 If one or more participants fail to pay for the Complementary Services in addition to the Services included in the Contract, the invoice will be sent to the Customer, who undertakes to pay it no later than thirty (30) days from the date of the invoice.
ARTICLE 7. CANCELLATION OR MODIFICATION
7.1 Cancellation or modification of the Booking by the Customer
7.1.1 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 arrived at the establishment on the reserved day, the establishment reserves the right to contact the Customer by any means. If the Client fails to reply within 24 hours of the date on which the holiday is due to start, or if the Client replies in the negative, this is equivalent to the Client cancelling the Reservation and releasing the night(s) booked, and the total amount of the holiday booked, i.e. all the nights and extras booked, will automatically be payable, without the Client having any right to reimbursement.
7.1.2 If the stay is interrupted, the full price agreed at the time of Reservation will remain payable.
7.1.3 If the Customer has taken out cancellation insurance, he/she should refer to the terms and conditions of this contract.
7.1.4 In accordance with article L.221-28 of the Consumer Code, the Consumer Customer does not have the right of withdrawal provided for in article L.221-18 of the French Consumer Code, given the nature of the Accommodation Services provided, which relate to hosting services that must be provided on a specific date or for a specific period, and the nature of the Complementary Services, which relate to the supply of clearly personalised goods and the supply of services that subject the Consumer Customer to an obligation to pay and whose performance has begun with the prior and express agreement of the Consumer Customer and with the latter's acknowledgement of the loss of his right of withdrawal.
7.1.5 Terms and conditions for modifying, postponing or cancelling the Reservation :
7.1.5.1 When making a Reservation, the Customer commits to a number of participants at the time the Contract is concluded. The Customer may partially modify the Booking with regard to the number of participants in accordance with the terms and conditions set out below:
- The number of participants may be modified, in writing and free of charge, downwards within a maximum margin of 10 % of the contracted quota up to 30 days (Working Days only) before the arrival date scheduled at the time of the Reservation. In this case, the Hotel will adjust the amount of the Contract accordingly.
- In the event that the number of participants is modified downwards beyond 10% of the contracted quota up to 30 days (Working Days only) before the date of arrival scheduled at the time of the Reservation, the Establishment will adjust the amount of the Contract only up to the limit of the adjustment that would have been made if 10% of the quota had been revised downwards.
- In the event that the number of participants changes less than 30 days (Working Days only) before the arrival date specified in the Booking, the Establishment shall be entitled to demand payment of the full amount of the Booking.
7.1.5.2 When making a Reservation, the Customer commits to the dates of the holiday at the time the Contract is concluded. The Customer has the option of partially modifying the Booking with regard to the dates of the holiday in accordance with the terms and conditions specified below:
- The dates of stay may be changed, in writing and free of charge, up to 3 months before the date of arrival set out in the Booking. The Parties may then agree on new dates, which must be within 6 months of the dates initially scheduled.
- In the event that the Customer requests a change to the dates of stay less than 3 months before the date of stay initially scheduled, the Hotel reserves the right not to accept the postponement, which will then be treated as a cancellation under the conditions set out in article 7.1.7.3 below. In the event that the Establishment accepts the postponement, the Parties may then agree on new dates which must be within 6 months of the dates of the stay initially planned, in which case the Establishment reserves the right to charge additional fees as a result of the postponement.
7.1.5.3 When the Contract is concluded, the Customer makes a firm commitment to the Reservation, and any cancellation must be made in writing and subject to the terms and conditions set out below, unless otherwise stated in the Special Terms and Conditions. For any cancellation made :
- Between the conclusion of the Contract and 180 days before arrival: no charge for the Services booked.
- Between 180 days and 120 days before arrival: 50 % of the amount of Services booked will be charged by the Establishment.
- Between 120 days and 90 days prior to arrival: 75 % of the amount of Services booked will be invoiced by the Establishment.
- Less than 90 days before the arrival date: 100 % of the amount of Services booked will be invoiced by the Establishment.
7.2 Cancellation or modification of the Reservation by the Establishment
7.2.1 Except in the event of force majeure and subject to the provisions below, the Establishment may not modify or cancel the Reservation.
7.2.2 By way of derogation, the Establishment may at any time, automatically and by any written means, suspend or cancel the Reservation in the following cases:
- Violation by the Customer of one of the clauses of the General Terms and Conditions or the Internal Regulations;
- Judicial liquidation of the Professional Customer ;
- An event likely to damage the image or reputation of the Establishment.
In the event of cancellation of the Reservation due to a fault on the part of the Client, the latter shall be liable, without prejudice to any damages that the Establishment may claim, for the full amount due under the Reservation.
ARTICLE 8. PROVISION OF SERVICES
8.1 Provisions common to the Services
8.1.1 The Services reserved by the Customer, including the Accommodation Services and/or the Additional Services, will be provided in accordance with the following terms and conditions, under the conditions set out in the General Terms and Conditions, as modified, where applicable, by the Special Terms and Conditions, and supplemented by the Pricing Terms and Conditions of which the Customer is aware and which he has accepted at the time of his Reservation.
8.1.2 The Establishments, being bound by an obligation of means, undertake to use their best efforts to provide the Services reserved by the Customer.
8.1.3 On arrival, participants will be asked to present their identity papers in person so that the Establishments can fulfil their obligation to present a police form. Photocopies and photographs of identity cards on any medium will not be valid. Therefore, in the event of the non-presentation or absence of physical presentation of the identity card, the Establishments reserve the right not to provide all the Services booked by the Customer.
8.1.4 Except in the case of Special Conditions, the room will be made available to the Customer on the day of arrival in accordance with the establishment's precise terms and conditions, which will be stated in the Reservation Confirmation. As an indication, arrival is generally at 3 pm. On the day of departure, the Customer must generally vacate the room before 12 noon.
8.1.5 If the reserved room is vacated after the required check-out time, the Customer may be charged an additional night's stay as a penalty in accordance with the establishment's specific terms and conditions (for example 50% of the room price up to 3.00 pm and 100% thereafter).
8.1.6 WIFI access enabling Customers to connect to the Internet is offered by the Establishments. The Customer undertakes to ensure that the IT resources made available by the Establishment are not used in any way for the purposes of reproducing, representing, making available or communicating to the public works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorisation is required. If the Customer does not comply with the aforementioned obligations, he or she risks being accused of counterfeiting, in accordance with article L.335-3 of the French Intellectual Property Code, punishable by a fine of 300,000 euros and three (3) years' imprisonment. The Customer is also required to comply with the security policy of the Establishment's Internet access provider, including the rules for using the security measures implemented to prevent the illicit use of IT resources, and to refrain from any act that undermines the effectiveness of these measures.
8.1.7 All Establishments welcome dogs and cats as long as they are kept on a lead or in a cage in the common areas of the Establishment. For further information on these conditions, the Customer is advised to contact the relevant Establishment directly. Throughout the stay, the animal remains the sole responsibility of the Customer. Animals, with the exception of dogs, are not allowed in the dining rooms.
8.1.8 If the number of children under the age of thirteen (13) exceeds 5, the Customer undertakes to employ a competent person to supervise the children throughout the stay and ensure their safety. The Customer must provide proof of this obligation to the Establishment.
8.2 Specific provisions for the Additional Services
8.2.1 Additional Services may be booked in advance on the Website, by e-mail or telephone, or directly on site. The Establishments cannot guarantee the availability of these Additional Services.
8.2.2 It is specified that these Complementary Services do not constitute tourist packages with the Accommodation Services. In any event, the Complementary Services are only optional and accessory to the Accommodation Services and do not represent a significant part of the value of the combination of the two Services, nor do they constitute an essential characteristic of the combination, which precludes the qualification as a tourist package.
ARTICLE 9. RELOCATION
9.1 In the event of an exceptional event or if it is impossible to make the reserved rooms available to the Customer, Les Domaines de Fontenille reserves the right to offer the Customer accommodation in an Establishment of equivalent category, for services of the same nature and subject to having informed the Customer in advance.
9.2 Any additional costs associated with this relocation, for services of the same nature, will be borne by the Establishment originally booked. The Customer may also refuse the offer of accommodation and cancel the Reservation, in which case the deposit and any other payments made by the Customer will be reimbursed immediately.
ARTICLE 10. PROHIBITIONS AND CUSTOMER LIABILITY
10.1 The Customer must comply with the Internal Regulations of the Establishment.
10.2 The Premises are non-smoking areas. The Customer shall be liable for any direct and/or indirect, consequential damage resulting from the act of smoking or vaping in the Premises. The Customer will therefore be liable for the full cost of cleaning and restoring the damaged item or area to its original condition.
10.3 The Customer must not disrupt the operation of the Establishment and/or jeopardise the safety of the Establishment or the persons in it and, more generally, must not engage in any behaviour that is contrary to public decency or public order.
1.4 The Client undertakes not to receive any guests in their room, whose identity is not included in the Booking of Accommodation Services.
1.5 For the Accommodation Services, the Client undertakes to cease all noise between 22:00 and 8:00 to ensure the peace and quiet of all the Clients of the Establishment.
1.6 No food or drink brought from outside by the Client and his/her participants will be allowed, without prior authorization from the Establishment.
1.7 In the event of non-compliance with the Internal Regulations, and more specifically with all the obligations referred to in this article, the Establishment will be obliged to invite the Customer to leave the Establishment without any compensation and/or without any refund if a payment has already been made. In the event that no payment has yet been made, the Customer will be required to pay the entire price of the stay (nights spent plus nights reserved but not yet spent) before leaving the Establishment.
1.8 All Customers who have made a Distance Booking will be required to pay a deposit in the form of a bank card imprint. This deposit is a pre-authorization that does not involve any debit to the Customer’s account. This deposit will only be used at the end of the stay if any damages are claimed or if services on the sites remain unpaid. Any use of this deposit does not preclude additional compensation in cases where the costs exceed the amount of the deposit.
1.9 The Client is in fact liable for the full extent of direct and/or indirect damage resulting from his/her actions, which has been observed in the reserved room, in the part of the establishment privatized or which he/she could cause within the establishment. Consequently, he/she undertakes to compensate Les Domaines de Fontenille up to the amount of said damages, without prejudice to any damages and costs of procedure and lawyers incurred by Les Domaines de Fontenille, Les Domaines de Fontenille being entitled to exercise all the powers and taking all necessary actions to obtain the reparation of the damage suffered.
1.10 The Client shall thus be required, without this list being exhaustive, to pay the additional cleaning fees, to reimburse the cost of broken or damaged items and furniture, and to pay the price of the room in the event of the room being unavailable due to damage caused by the Client or their participants.
ARTICLE 11. RESPONSIBILITY OF THE ESTABLISHMENT
11.1 The Customer must ensure the safekeeping of the goods brought by themselves. In particular, they are invited to take out a specific insurance in case of the presence of goods whose unit value exceeds €500.
11.2 The Customer is encouraged to inform the Establishment if he/she is in possession of valuable goods/objects, and will be given the opportunity to deposit all such goods/objects in the safe provided by the Establishment in the management office.
11.3 In the event of the disappearance or deterioration of property belonging to the Client in their hotel room, in the private room or on the private parking of the Establishment, the liability of the Establishment is limited and capped in accordance with Articles 1953 and 1954 of the Civil Code. For Professional Clients, the liability of the Establishment is limited to the total amount collected during the Reservation.
11.4 For any claim by a Customer regarding the disappearance and/or deterioration of one of their belongings within or outside the Establishment, the Customer must provide the Establishment with the required documentation. In the event of theft, a complaint must be submitted, as well as any proof of purchase (proof of purchase, invoice for the item). In the event of deterioration, any proof of the damaged item and any proof of purchase or repair will be required. Failure to do so will result in the request not being considered by the Establishment.
11.5 The Establishment’s liability cannot be invoked in the event of the Client’s negligence or imprudence. Examples of negligence or imprudence include the following:
failure by the Customer to declare a valuable item to a member of the Establishment;
- failure to deposit a valuable item in the Establishment's safe;
- the presence of objects/goods in plain sight;
- leaving objects/goods in communal areas of the establishment;
- inviting unauthorised persons to their room or to the establishment;
- the door to the room, the private room or the vehicle is not locked.
This list is not exhaustive.
11.6 The liability of the Domaines de Fontenille is strictly limited to the repair of direct and proven damages, excluding any indirect damage, which includes in particular any lost profits, loss of business, commercial prejudice, loss of turnover or profit, loss of customers or moral prejudice.
ARTICLE 12. HEALTH REGULATIONS
12.1 Pursuant to the applicable health legislation and regulations, all the Establishments of the Domaines de Fontenille undertake, as part of their services and in compliance with their possible health protocol, to comply with the various official rules and recommendations in force.
12.2 Domaines de Fontenille undertakes to implement all possible means to preserve and ensure the health safety of its Customers and, more generally, of all its partners.
12.3 In addition, and in the event that a Client acts, directly or indirectly, on their own initiative or at the instigation of a third party, in violation of the health protocol established by the Establishments in the Internal Regulations and, more generally, in violation of all the measures implemented by the Establishments to comply with the applicable health rules, The Domaine de Fontenille and the Establishments shall not be held liable for direct or indirect damages and/or consequences of any nature resulting from such violation against the Client and against third parties.
ARTICLE 13. PROTECTION OF PERSONAL DATA
13.1 The Domaines de Fontenille and the Establishments are required to collect certain personal data from their Clients when the latter make a Reservation or contact the Establishment using the contact form. The data collected from Customers includes: title, surname(s), first name(s), postal address(es), telephone number, e-mail address, bank details and possibly certain relevant health data (allergies, etc.). The data collected is used to record bookings, manage complaints and send promotional offers. The legal basis for processing is the Contract and consent.
13.2 This data is processed automatically by Les Domaines de Fontenille, acting as the Data Controller. The collected data is kept confidential and is intended for the exclusive use of Les Domaines de Fontenille. It may be transmitted exclusively for the purposes of achieving the aforementioned objectives to subcontractors or to any administrative or judicial authority in order to comply with any legal obligation.
13.3 In accordance with the regulations applicable to the protection of personal data, the Customer has a right of access, rectification, deletion, portability, limitation of data processing and opposition. The Customer may exercise these rights by writing to the following postal address: Les Domaines de Fontenille, 9 avenue de l'Opéra, 75001 Paris, France or by e-mail at the following address contact@fontenillecollection.com If the Customer's rights are not respected, the Customer may also lodge a complaint with the CNIL.
13.4 The data are kept in accordance with the personal data retention policy. For more information, the Customer can consult the «P” section on the Website.Privacy Policy "at the bottom of the page.
ARTICLE 14. CONFIDENTIALITY
In addition to the confidentiality measures relating to personal data mentioned in the previous article, Les Domaines de Fontenille and the Establishments undertake to respect the Confidentiality Policy available on the Website with regard to the Customer.
ARTICLE 15. INTELLECTUAL PROPERTY
15.1 The domain name, as well as all the elements and content appearing on the Website, are the exclusive property of Domaines de Fontenille and are protected throughout the world by copyright and intellectual property rights.
15.2 Their reproduction, even in part, is strictly forbidden without the prior and express authorisation of Domaines de Fontenille. Under the same conditions, their use is limited to strictly private use. Any use or reproduction, even partial, of one of the elements of the portal site within a third-party site by means of inclusion processes, frames or any other process of a similar nature is strictly prohibited.
15.3 Any reproduction or other use constitutes an infringement of copyright and is punishable as such under the Intellectual Property Code, unless expressly authorised in advance by Les Domaines de Fontenille.
ARTICLE 16. RIGHT TO THE ESTABLISHMENT'S IMAGE
16.1 The Customer must request authorisation from the Establishment for any use of its image, logos and photos and, more generally, any distinctive signs attached to it.
16.2 The Customer undertakes to remove, upon the request of the Establishment, any photographs, posts and reports that would damage its image.
16.3 If the Client wishes to arrange a photo or video reportage, they must first obtain the cession of the right to the image held by each of the third parties featured in the photographs or videos and for each medium so that the Establishment’s liability can never be sought.
ARTICLE 17. UNFORESEEN CIRCUMSTANCES
In the event of a change in circumstances that could not have been foreseen when the Contract was entered into, in accordance with the provisions of Article 1195 of the French Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may ask its co-contractor to renegotiate the Contract.
ARTICLE 18. FORCE MAJEURE
18.1 Force majeure means any event beyond the Parties’ control that is both unpredictable, insurmountable and outside the Parties’ control and prevents either the Client or the Establishment from fulfilling all or part of the obligations set out in the Contract. Cases of force majeure or fortuitous events are those usually recognized by the jurisprudence of the French courts and tribunals.
18.2 As an example, without this list being exhaustive, the following would constitute cases of force majeure:
- Climatic, meteorological or natural phenomena with consequences such as floods, earthquakes, tornadoes, hurricanes, etc;
- The fire at the Establishment ;
Pandemic or bacteriological phenomena leading to the spread of a virus or bacteriological risk circulating throughout the country, classified as stage 3, which would lead to the implementation of measures restricting the free movement of people and the closure of establishments open to the public;
Terrorist or military acts resulting in the implementation of measures restricting the free movement of persons and the closure of establishments open to the public;
Strikes or staff unavailability.
18.3 By express agreement between the Parties, they do not constitute a case of force majeure:
- Illness or accident of the Customer, his/her spouse and ascendants or descendants, unless a medical certificate is produced prohibiting any travel or stay in a hotel establishment;
- The impossibility of reaching the place of stay as a result of a strike or demonstration;
- Failure by the Customer to obtain a visa or residence permit or the loss of his/her passport and/or other identity papers.
In all these cases, the Customer is invited to take out optional insurance.
18.4 Each Party may not be held liable towards the other Party in the event of non-performance or delay in the performance of any of its obligations resulting from an event of force majeure, as described herein, within the meaning of Article 1218 of the French Civil Code. The Party observing the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
18.5 Performance of the obligation shall be suspended for the duration of the force majeure if it is temporary and does not exceed seven (7) days. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive or exceeds a period of seven (7) days, the Reservation will be purely and simply cancelled.
ARTICLE 19. COMPLAINT AND CUSTOMER SERVICE
19.1 For any claim related to a Booking, the Customer may contact the customer service by email at the email address of the Establishments, directly via the Establishments’ contact form on the Website or by email to the address contact@fontenillecollection.com
19.2 The Customer may also contact the customer service department by mail at the address of the Establishments as well as at the following address:
Les Domaines de Fontenille
9 avenue de l'Opéra
75001 Paris, France
ARTICLE 20. APPLICABLE LAW – LANGUAGE
20.1 The General Conditions are written in French in their original version, which alone is authentic and prevails over any other version.
20.2 These General Terms and Conditions shall be executed and interpreted in accordance with French law.
ARTICLE 21. LITIGES
21.1 Common provisions
21.1.1 In the event of any dispute relating to these Terms and Conditions, the Customer and Les Domaines de Fontenille will attempt as far as possible to resolve their dispute amicably. The Customer must send a complaint to Les Domaines de Fontenille in accordance with Article 19 of the General Terms and Conditions of Sale.
21.2 Provisions applicable to Consumer Customers
21.2.1 If this amicable attempt fails, the Consumer Customer may have recourse to a conventional mediation procedure, in particular with the Commission de la médiation de la consommation (article L.612-1 of the French Consumer Code) or any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of his written complaint, to the competent consumer mediator, the Médiateur Tourisme Voyage, at the following address:
MTV Mediation Tourism Travel
BP 80 303
75823 Paris Cedex.
For more information on the Tourism and Travel Ombudsman, the Customer may consult his website: www.mtv.travel/.
21.2.2 Finally, in order to resolve their dispute, Consumer Customers may access the European online dispute resolution platform provided for in Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/ consumers/odr/.
21.2.3 If this mediation fails, or if the Consumer Customer does not wish to have recourse to it, the Consumer Customer may submit the dispute to the competent courts.
21.3 Provision applicable to Professional Clients
All disputes to which the Reservations and the General Terms and Conditions may give rise concerning their validity, interpretation, performance, termination, consequences and consequences that cannot be resolved between the Parties in accordance with article 21.1 shall be submitted to the Commercial Court of Paris.