Terms and Conditions — Individual Bookings

Services

Latest version as of May 19, 2026

ARTICLE 1. DEFINITION

The terms defined below shall have the following meanings in these general terms and conditions of sale of services:

"Consumer Customer(s)". Customer: refers to any natural person who has reached the age of legal majority and has full legal capacity to enter into a commitment under these General Terms and Conditions, for personal purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, who wishes to reserve fewer than four (4) rooms, organise an event or privatise 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) : refers to Consumer Customers and Professional Customers, whenever the provisions of the General Conditions apply regardless of their status as consumer or professional.

"General Conditions These are the general terms and conditions for the provision of services by Les Domaines de Fontenille.

"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 Reservation: refers to the document summarising the details of the Reservation made by the Customer, sent via the website or sent by the Establishment directly to the Customer.

"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.

"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;
  • La Cabane des Estagnots — Seignosse;
  • Château de Cîteaux — Burgundy;
  • Les Grands Carmes – Aix-en-Provence.

"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 96,336,470 euros, specialized in the management of funds, whose registered office is located at 9 avenue de l’Opéra, 75001 Paris, registered in the Paris Trade and Companies Register under the unique identification number 798 361 184, whose unique VAT identification number is FR13798361184 and whose customer service can be accessed by email at contact@fontenillecollection.com.

“Party/Parties” means separately or jointly Les Domaines de Fontenille and/or the Establishments and the Customer.

"Privacy Policy : refers to the document that sets out the commitments of the Domaines 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.fontenille-collection.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 Complementary Services made by the Customer.

"Remote booking means the Reservation made by the Customer on the Internet Site www.fontenille-collection.com or by e-mail at or by telephone at the following addresses:

  • Les Grands Carmes – Aix-en-Provence: reservations@lesgrandscarmes.com.

"Physical Reservations Reservation: refers to the Reservation made by the Customer directly with the Establishment's reception staff.

"Services Complementary Services and Accommodation Services.

"Complementary Services Services that are complementary to the Accommodation Services, such as, for example, a request for breakfast, lunch or dinner or a request for a spa reservation. This list is not exhaustive. Complementary services differ depending on the Establishment chosen.

"Accommodation Services Booking: refers to the reservation(s) of hotel room(s) and/or, more generally, accommodation(s) made by the Customer via the Domaines de Fontenille website, by e-mail, by telephone or in person at the Establishments.

"Website : refers to the website accessible at the address www.fontenille-collection.com and published by Les Domaines de Fontenille, hosted by O2SWITCH, a simplified joint-stock company, registered in the Commercial and Companies Register of Clermont-Ferrand under number 510 909 807, whose registered office is Chemin des Pardiaux, 63000 Clermont-Ferrand.

ARTICLE 2. PURPOSE AND GENERAL PRINCIPLES

2. The General Conditions aim to define the terms and conditions under which Les Domaines de Fontenille allows its Customers to benefit from all the Accommodation Services and/or all the Additional Services within the Establishments. Les Domaines de Fontenille reserves the right to derogate from the General Conditions by negotiating Specific Conditions with its Customers.

2.1          Any reservation of accommodation services and/or additional services offered by the establishments implies the prior consultation and full and unconditional acceptance by the customer of these General Conditions and the Tariff Conditions. The customer declares that he/she has obtained all the necessary and available information from Domaines de Fontenille to make the reservation of accommodation services and/or additional services.

2.2            The General Conditions do not govern the offer, booking or ordering of Accommodation Services and/or Additional Services offered by entities other than Les Domaines de Fontenille and on other websites and/or mobile applications. Les Domaines de Fontenille cannot in any way be held liable for reservations offered by third parties.

2.3            The General Terms and Conditions can be accessed at any time on the Domaines de Fontenille Website and shall prevail, where applicable, over any other version or contradictory document, unless amendments are agreed in the Special Terms and Conditions.

2.4           The Domaines de Fontenille reserves the right to adapt, modify or supplement, at any time, all or part of these General Conditions. The modified General Conditions will be applicable to Customers upon their entry into force unless the Customer objects in writing within one (1) month, in which case the version applicable to the Customer 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.

2.5            The fact of not exercising, at any time, a prerogative recognised by the General Terms and Conditions or of not requiring the application of any of its stipulations may not under any circumstances be interpreted, either as a modification of the General Terms and Conditions, or as an express or tacit waiver of the right to exercise the said prerogative in the future or of the right to require the scrupulous performance of the commitments entered into under the General Terms and Conditions.

2.6           Any clause of these General Conditions that would be declared null or illegal by a judicial 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 effects. In this case, the Parties shall, if possible, replace this declared null clause with a valid provision corresponding to the spirit and the object of the Contract.

2.7            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 Booking in the course 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 any contradiction or divergence 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.

2.8            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 Client. Thus, the Booking, the entry of banking information, the acceptance of the General Terms and Conditions, the Tariff Conditions, and the Privacy Policy between Les Domaines de Fontenille and the Client 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 between Les Domaines de Fontenille and the Client.

ARTICLE 3. PRE-CONTRACTUAL INFORMATION

3.1            The Customer acknowledges that prior to the conclusion of their Booking and the conclusion of the Contract, they have had access to the present General Conditions in a legible and understandable manner, and for Consumer Customers, to all the information listed in Article L.221-5 of the Consumer Code, including 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 execution of the Contract, the date or the deadline by which the Provider undertakes to provide the ordered Services;
  • Information relating to the identity of the provider, to its postal, telephone and electronic contact details, and to its activities, if it does not arise 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.

3.2            The fact that an individual (or legal entity) makes a reservation on the Website constitutes acceptance of and full compliance with these General Terms and Conditions and the obligation to pay for the ordered Services, which is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document that would be unenforceable, with the exception of the Specific Conditions.

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            Common Provisions

4.1.1 The Client acknowledges 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. The Client is solely responsible for their choice of Services and their suitability to their needs, such that the Establishments’ liability can no longer be sought.

4.1.2 The Customer certifies the veracity and accuracy of the information provided, and undertakes to immediately report any errors to the Establishment.

4.1.3 The registration of a Booking is made when the Customer accepts all of these General Terms and Conditions and the Specific Conditions.

4.1.4 The sale of Services will not be considered final until the Booking Confirmation is sent to the Customer by email and the amount corresponding to the deposit has been received by the Establishment.

4.1.5 The Establishments reserve the right to cancel or refuse any Booking from a Client with whom there would be a dispute regarding the payment of an earlier Booking.

4.1.6 Each Reservation is nominative and may in no case be transferred to a third party, except with the written consent of the Domaine de Fontenille or the relevant establishment.

4.1.7 The Client may reserve, individually, a maximum of four (4) rooms per Reservation. For any Reservation of more than four (4) rooms, the Client must contact Les Domaines de Fontenille or the relevant Establishment directly by email or telephone, being specified that in the case of a Reservation of five (5) rooms or more, the general conditions of group sales shall apply, unless otherwise stated.

4.2            Specific provisions depending on the type of Booking

The Booking of Accommodation Services, and/or Complementary Services can be made by the Customer remotely on the Website (4.2.1), but also by email or by telephone (4.2.2) or in person (4.2.3).

4.2.1 Reservation at a Distance on the Website

4.2.1.1       The Customer can access the Website and select the Services they wish to book, in accordance with the following procedures:

  • After clicking on the «reservation» tab, the Customer must choose the Establishment

  • He must then indicate the criteria of his request, namely the date of arrival, the date of departure, the number of adults, children and babies and his/her promotional code if applicable. He must then click on «Check availability».

  • A selection of rooms is offered to the Client by the Website.

  • The Client selects one or more rooms from the available options, noting that the Client cannot book more than four (4) rooms.

  • For each room, the Customer can choose between the different offers offered by the Domaines de Fontenille, then press the «Choose» button.

  • At the next step, the Customer can choose to add one or more baby beds and additional services such as a wine tasting, a massage, a meal, etc., and then click on «Book».

  • The Client indicates whether or not they wish to take out the cancellation insurance and completes the Booking form by providing their contact details (civil status, name, first name, email address, telephone number, postal address and country of residence) and their special requests (which cannot be guaranteed).

  • The Customer must read the General Conditions and the Tariff Conditions and accept them by checking the box provided for that purpose.

  • The Customer confirms their Booking and enters their bank details to proceed with payment (bank card number, cardholder name, expiry date and encryption code).

  • The Customer completes their Booking.

4.2.1.2       On the Website, the Customer has the option to check the details of their Booking, its total price and to correct any errors before confirming their acceptance in accordance with Article 1127-2 of the Civil Code.

4.2.1.3       Any reservation made on the Website constitutes the formation of the contract concluded at a distance between the Client and the Establishment.

4.2.1.4       The Website offers, on an occasional basis and for certain Establishments, special commercial offers accessible on the Website excluding any other third-party site such as «Best Price Guaranteed». Where applicable, Les Domaines de Fontenille makes available to the Customer the Specific Conditions applicable to these offers at the time of Booking. These commercial offers may be modified at any time by Les Domaines de Fontenille, which is only contractually bound by reservations validated by the Customer and cannot be held liable for the modification or withdrawal of a commercial offer on the Website.

4.2.2 Distance booking by phone or email

4.2.2.1       The Customer may also make a Service Reservation by phone or email according to the selected Establishment:

4.2.2.2       During a Distance Booking, the Establishments provide the Client with all the information necessary to make their choice and complete their Booking.

4.2.2.3       The Establishments then send an email quote to the Client with the General Conditions and the Tariff Conditions.

4.2.2.4       The Client, if they accept the terms of the quotation, must confirm their Booking by paying the deposit via the secure payment link transmitted, which will constitute the formation of the Contract and acceptance of the General Conditions.

4.2.3 Physical Booking within Establishments

The Client may go directly to the reception of the Establishment and request the Booking of Accommodation and/or Additional Services from the employees of the Establishment. The Establishment will offer the rooms that remain available, taking into account the Client’s requirements, namely the number of people, the duration of the stay, the price, etc. The Client will then sign the General Conditions at that time, duly dated and bearing the mention «Valid for agreement».

ARTICLE 5 – RATES

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            Prices take into account any discounts that the Establishments would offer under the conditions specified on the Website or in the quotation.

5.3            These rates are fixed and non-reimbursable during their validity period; they are indicated on the Website or in the quote. Domaines de Fontenille reserves the right, outside this validity period, to change the prices at any time.

5.4            Prices include VAT applicable on the date of the Reservation. Any change in the applicable rate of VAT will automatically be reflected in the prices indicated on the date of the invoice. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.

5.5            The rates do not include the tourist tax, which can be paid directly at the establishment upon departure from the accommodation at the end of the stay.

5.6            Unless otherwise stated on the Website or in the quote, the Additional Services are not included in the price and are displayed separately.

5.7            The conversion into foreign currency is provided for indicative and non-contractual purposes. If a rate involves payment directly to the Establishment upon the Client’s arrival or departure and the Client’s currency is not the same as that of the Establishment, the rate of the Establishment is likely to 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            Payment on account

6.1.1 Unless otherwise specified, for all Bookings, the Client is required to provide their bank card payment details or a secure payment link is sent to them to pre-pay 100% of the amount of the Booking at the time of the booking, excluding Additional Services. The amount of the deposit may vary, in the Specific Conditions, depending on (i) the season and/or (ii) the location of the Establishment. This information will be communicated to the Client prior to the Booking.

6.1.2 By express agreement, and by derogation from Articles L.214-1 et seq. of the Consumer Code, this amount corresponds to an advance payment and not to a deposit.

6.1.3 Unless otherwise stipulated in the Specific Conditions, Reservations are non-cancelable and non-modifiable, as described in Article 7 «Cancellation or Modification» below.

6.1.4 The online payment methods available and mentioned on the Website may be the following bank cards: Visa, MasterCard, AmericanExpress, DinersClub, JCB.

6.1.5 The payment data is exchanged in encrypted mode using the SSL protocol.

6.2            Payment of the balance

6.2.1 Unless otherwise stipulated in the Specific Conditions, the balance corresponding to the Additional Services (breakfast, SPA, massages, etc.) is payable upon the Client’s departure, by bank card or bank transfer. Cheques and holiday vouchers are not accepted by the Establishments.

6.2.2 For Professional Clients, in accordance with Article L.441-6 of the Commercial Code, a lump sum fee of 40€ will be due in the absence of payment on the day following the payment date indicated on the invoice, as well as late payment penalties equal to three (3) times the legal interest rate in force. The Establishment reserves the right to request additional compensation, upon presentation of proof, if the costs actually incurred in recovering the debt exceeded this amount of 40€.

6.2.3 The bank cards accepted by the Establishments are Visa, MasterCard, AmericanExpress, DinnersClub, JCB.

6.3            Common provisions

6.3.1 The Establishments reserve the right to require the Customer to present an identity document and/or any information relating to the Customer’s identity for the purpose of preventing card fraud.

6.3.2 An invoice will be sent in electronic format to the email address provided by the Client. If the Client wishes to receive a paper invoice, they must specifically request it from the Establishment.

6.3.3 The Establishment reserves the right to charge for any additional costs incurred by a particular request or particular circumstances or particular deterioration observed after the departure of the Client. Such additional billing may then be issued by the Establishment.

ARTICLE 7 – CANCELLATION OR MODIFICATION

7.1            Cancellation or modification of the Reservation by the Customer

7.1.1 No modification or cancellation of the Booking, nor any refund, will be possible, except under Special Conditions or in case of force majeure. LesDomaines de Fontenille shall be entitled to require payment of the balance of the price of the Booking, which the Client accepts at the time of his/her Booking.

7.1.2 In the event of a «no show», that is to say, in the case of a Booking not cancelled but for which the Client did not show up at the Establishment on the booked day, Les Domaines de Fontenille and the Establishment reserve the right to contact the Client by any means. Failure to respond from the Client within 24 hours from the start of the stay, or a negative response from the latter, shall constitute a cancellation of the Booking by the Client, which will result in the release of the booked nights and the automatic exigibility of the total amount of the Booking, i.e., all the booked nights and extras, without any right to reimbursement to the benefit of the Client.

7.1.3 As a matter of principle, the Establishment cannot cancel the Customer’s Booking; however, the Establishment may suspend its provision or cancel the Booking (i) in the event of force majeure, or (ii) if the Customer breaches any of the provisions of the General Terms or the Internal Regulations.

7.1.4 Some commercial offers present on the Sites include specific conditions regarding the cancellation and modification of the reservation; these conditions are detailed in the specific conditions included in the descriptive information of the offer.

7.1.5 In the event of a cancellation of the stay, the entire price agreed at the time of the Booking will remain due.

7.1.6 It is recommended that the Client subscribe to cancellation insurance. In the event that the Client subscribes to cancellation insurance, the Client will need to refer to the terms and conditions of this contract.

7.1.7 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 Consumer Code, taking into account the nature of the Accommodation Services provided, which constitute accommodation services that must be provided on a specific date or within a specific period, and the nature of the Additional Services that constitute the provision of clearly personalized goods and the provision of services that subject the Consumer Customer to an obligation to pay and the execution of which began with the prior and express agreement of the Consumer Customer and with his/her acknowledgement of the loss of his/her right of withdrawal.

7.2            Cancellation or modification of the Reservation by the Establishment

7.2.1 Unless there is a case of force majeure and subject to the provisions below, the Establishment may neither modify nor 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 circumstances:

  • 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.

7.2.3 In the event of cancellation of the Booking due to a fault on the part of the Client, the latter shall be liable, without prejudice to any damages that the Establishment may be entitled to claim, for the full amount due in accordance with the Booking.

ARTICLE 8 – SUPPLY OF THE SERVICES

8.1            The Services reserved by the Customer, including the Accommodation Services and/or the Additional Services, will be provided in the following manner, in accordance with the terms set out in the General Conditions supplemented by the Tariff Conditions and the Specific Conditions that the Customer has reviewed and accepted when making a Distance Booking or a Physical Booking.

8.2            The Establishments, being bound by an obligation of means, undertake to use their best efforts to provide the Services reserved by the Customer.

8.3            The Additional Services can be booked in advance on the Website or by email or telephone, or directly on site. The Establishments cannot guarantee the availability of these Additional Services. It is specified that these Additional Services do not constitute tourist packages with the Accommodation Services and will be invoiced separately. In any case, the Additional Services are only optional and additional to the Accommodation Services and do not represent a significant part of the value of the combination of the two Services, nor constitute an essential characteristic of the combination, which prevents them from being classified as a tourist package.

8.4            Upon arrival, the Client will be asked to present in person their identity document in order to allow the Establishments to fulfill their obligation to present a police record. Photocopies, as well as photographs of the identity card on any medium, will not be valid. Therefore, in the event of non-presentation or failure to present the identity card in person, the Establishments reserve the right not to provide all the Services reserved by the Client.

8.5            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.

8.6            In the event of the cancellation of the reserved room after the required departure time, an additional night may be charged to the Client as a penalty in accordance with the terms specified by the Establishment (for example, 50% of the room price until 15:00 and then 100% thereafter).

8.7            The Facilities offer a WIFI access allowing Customers to connect to the internet. The Customer undertakes that the computer resources made available to them by the Facility will not in any way be used for the reproduction, representation, provision or communication to the public of works or objects protected by copyright or by related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the permission of the holders of the rights provided for in Book I and II of the Code of Intellectual Property when such permission is required. If the Customer fails to comply with the aforementioned obligations, he/she could be held liable for an offence of counterfeiting, in accordance with Article L.335-3 of the Code of Intellectual Property, punishable by a fine of 300,000 euros and a prison sentence of three (3) years. The Customer is also required to comply with the security policy of the Provider of the Internet Access Service, including the rules for using the security measures implemented to prevent the illicit use of computer resources and to refrain from any act that impairs the effectiveness of these measures.

All Establishments welcome dogs and cats as long as they are kept on a leash or in a cage in the common areas of the Establishment. For more information on these conditions of accommodation, it is advised that the Client contact the relevant Establishment directly. During the entire duration of the stay, the animal remains under the full responsibility of the Client. For hygiene reasons, pets, with the exception of dogs, are not allowed in the dining rooms.

8.8           All Establishments welcome dogs and cats as long as they are kept on a leash or in a cage in the common areas of the Establishment. For more information on these conditions of accommodation, it is advised that the Client contact the relevant Establishment directly. During the entire duration of the stay, the animal remains under the full responsibility of the Client. For hygiene reasons, animals, with the exception of dogs, are not allowed in the dining rooms.

ARTICLE 9 – DELETION

9.1            In the event of an exceptional event or in the event of an inability to make the reserved room available to the Customer, Les Domaines de Fontenille reserves the right to offer the Customer to be accommodated in an equivalent category hotel, for services of the same nature, subject to prior notification to the Customer.

9.2            Any potential additional costs associated with this relocation, for services of the same nature, will be covered by the Establishment originally reserved. The Client may also reject the accommodation proposal and cancel their Reservation, in which case an immediate refund of the deposit and any other payment made by the Client will be provided.

ARTICLE 10 – PROHIBITIONS AND RESPONSIBILITIES OF THE CUSTOMER

10.1            The Client must comply with the Hotel’s Internal Regulations.

10.2            The Establishments are non-smoking areas. The Customer will be held responsible for direct and/or indirect damages resulting from the act of smoking or vaping in the Establishment. Therefore, the Customer will be liable for the full amount of the cleaning and restoration costs for the damaged item or area.

10.3            The Client must not disrupt the operation of the Establishment and/or compromise the safety of the Establishment or the persons present there, and more generally must not adopt any behaviour contrary to good morals and public order.

10.4            The Client undertakes not to receive any guests in their room, whose identity is not included in the Accommodation Service Reservation.

10.5            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.

10.6            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 consumed) before leaving the Establishment.

10.7            All Customers who have made a Distance Booking or a Physical 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 entail any debit to the Customer’s account. This deposit will only be used at the end of the stay if any damages are to be claimed or if services at 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.

10.8            The Client is in fact liable for all direct and/or indirect damages resulting from their actions, which have been observed in the reserved room or which they could cause within the Establishment. Consequently, they undertake to compensate Les Domaines de Fontenille for the amount of said damages, without prejudice to any damages and costs of procedure and lawyers incurred by Les Domaines de Fontenille, as Les Domaines de Fontenille have the full right and may take any action necessary to obtain the repair of the damage suffered.

10.9            The Client will 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.

10.10          The Client agrees to bear all risks and disputes that may arise with respect to third parties, including all accidents, damage and damage of any nature whatsoever.

10.11          In the event of disputes that may arise between the providers, the Customers, and third parties, none of the Establishments will be held liable for any events that may arise due to a failure to comply with the General Terms or the Specific Terms.

10.12          Professional Clients will be responsible for all actions of their employees, representatives and/or agents during the entire duration of the stay.

ARTICLE 11 — LIABILITY OF THE ESTABLISHMENT

11.1            The Client must ensure the safekeeping of the goods brought by themselves. In particular, they are invited to take out a specific insurance in the event that there are items of value exceeding €500.

11.2            The Client is encouraged to inform the Establishment if they have any property/valuable items in their possession, and will have the option to deposit all of these items 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 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 Booking.

11.4            For any claim by a Client regarding the disappearance and/or deterioration of one of their belongings within the establishment and its surroundings, the Client 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 documentation of the damaged item, as well as any proof of purchase or repair, will be required. Failing this, the request will not be considered by the establishment.

11.5            The Establishment’s liability cannot be invoked in the event of the Client’s negligence or imprudence. The following are considered to be elements of negligence:

  • The absence of a declaration of a good/an object of value by the Client from a member of the Establishment;
  • The absence of the deposit of a valuable item/object in the safe of the Establishment;
  • The presence of objects/goods in the sight of everyone;
  • The unauthorized entry of a person into his/her room or into the Establishment;
  • The forgetting of objects/goods in the common areas of the Establishment;
  • Failure to lock the room or vehicle door.

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 profit, loss, commercial damage, loss of turnover or profit, loss of customers or moral damage.

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 any applicable health protocol, to comply with the various official rules and recommendations in force.

12.2            Domaines de Fontenille is committed to using all possible means to preserve and ensure the health safety of its Customers and, more generally, of all its partners.

12.3            Furthermore, 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, Les Domaines de Fontenille cannot be held liable for direct or indirect damages and/or consequences of any nature resulting from such violation towards the Client and towards third parties.

Article 13 – protection of personal data

13.1            The Domaines de Fontenille and the Establishments are required to collect the personal data of its Customers when the latter makes a reservation or contacts the Establishment through the contact form. The data collected from the Customers include: courtesy name, first name(s), last name(s), postal address(es), telephone number, email address, bank details and possibly certain relevant health data (allergies, etc.). The collected data allow for the recording of reservations, the handling of any claims made by the Customer, and the provision of promotional offers. The legal basis for the processing is the Contract and the 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 applicable regulations regarding the protection of personal data, the Customer has the right to access, rectify, delete, port, and limit the processing of their data, as well as to object to such processing. The Customer may exercise these rights by writing to the postal address: Les Domaines de Fontenille, 9 avenue de l’Opéra, 75001 Paris, France, or by email to the email address: legal@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 «Privacy Policy» section at the bottom of the page on the Website.

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 and the right to image

15.1            The domain name, as well as all elements and content appearing on the Website, are the exclusive property of the Domaines de Fontenille and are protected, worldwide, under copyright and intellectual property rights.

15.2            Their reproduction, even partial, is strictly prohibited, unless prior written and express permission is obtained from the Domaines de Fontenille. Under the same conditions, their use is limited to strictly private use. Any use or reproduction, even partial, of any of the elements of the portal site within a third-party site through so-called inclusion processes, frames, or any other similar procedure is formally prohibited.

15.3            Any reproduction or any other use constitutes counterfeiting and is punishable as such under the Code of Intellectual Property, unless prior and express authorization is obtained from Les Domaines de Fontenille.

15.4            The Client must necessarily request permission from the Establishment for any use of its image, logos and photos, and more generally of all distinctive signs associated with it.

15.5            The Client undertakes to remove, upon the request of the Establishment, any photographs and reports that would damage its image.

15.6            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 16 – Unforeseen circumstances

In the event of a change in unforeseeable circumstances during the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively costly execution may request renegotiation of the Contract with its co-contractor.

Article 17 – force majeure

17.1            Force majeure is understood to mean any event beyond the Parties’ control that is both unpredictable, insurmountable and external to the Parties, preventing 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 generally recognized by the jurisprudence of the French courts and tribunals.

17.2            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 a bacteriological risk circulating throughout the national territory, classified as Stage 3, which would lead to the implementation of restrictive measures on the free movement of persons and the closure of establishments receiving 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.

17.3            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.

17.4            Neither Party shall be held liable to the other Party in the event of failure to perform or delay in performing any of its obligations resulting from a force majeure event, as described in these terms, within the meaning of Article 1218 of the Civil Code. The Party that ascertains the event must immediately inform the other Party of its inability to perform its obligation and justify it to it. The suspension of obligations shall in no case constitute a cause of liability for non-performance of the relevant obligation, nor lead to the payment of damages or late payment penalties.

17.5            The performance of the obligation is suspended for the entire duration of the force majeure event if it is temporary and does not exceed a period of seven (7) days. Consequently, as soon as the cause of the suspension of their reciprocal obligations is removed, the Parties shall make every effort to resume the 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 request for acknowledgment of receipt or any extrajudicial act. If the impediment is permanent or exceeds a period of seven (7) days, the Booking shall be purely and simply cancelled.

Article 18 – Claims and customer service

18.1            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 at the address contact@fontenillecollection.com.

18.2            The Customer may also contact the customer service 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

18.3          Each Establishment undertakes to respond within 30 (thirty) days, starting from the date of receipt of the complaint.

Article 19 – Applicable law and language

19.1            The General Conditions are written in French in their original version, which alone is authentic and prevails over any other version.

19.2            These General Conditions shall be executed and interpreted in accordance with French law.

Article 20 – Disputes

20.1          Common provisions

20.1.1      In the event of a dispute regarding these General Conditions, the Client and Les Domaines de Fontenille will try to resolve their dispute amicably as much as possible. The Client must submit a claim to Les Domaines de Fontenille in accordance with Article 18 of the General Conditions of Sale.

20.2          Provisions applicable to the Consumer Customer

20.2.1 If this amicable attempt fails, the Consumer Customer may resort to a conventional mediation procedure, notably with the Commission for Consumer Mediation (article L.612-1 of the Consumer Code) or any other alternative method of dispute resolution, including by using it, free of charge, within one year from the date of his written complaint, with the competent consumer mediator, the Tourism and Travel Ombudsman, at the following address:

MTV Mediation Tourism Travel

BP 80 303

75823 Paris Cedex.

20.2.2 For more information about the Tourism and Travel Ombudsman, the Consumer Customer can visit its website: www.mtv.travel/.

20.2.3 Finally, in order to resolve their dispute, the Client may access the European online dispute resolution platform provided for by Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes, including cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.

20.2.4 In the event of failure of this mediation, or if the Consumer Customer does not wish to resort to it, the Consumer Customer may submit the dispute to the competent courts.

20.3          Provisions applicable to Professional Clients

All disputes that may arise from the Reservations and the General Conditions regarding their validity, interpretation, execution, performance, consequences and any other matter that could not be resolved between the Parties in accordance with Article 20.1 shall be submitted to the Commercial Court of Paris.