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Terms and conditions of sale

Services

Version dated 15 March 2025

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) 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 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) means the establishment(s) operated by the "Les Domaines de Fontenille" group: Fontenille Collection

"Les Domaines de Fontenille Les Domaines de Fontenille: refers to the group controlled within the meaning of Article L. 233-3 of the French Commercial Code by Les Domaines de Fontenille, a société par action simplifiée (simplified joint stock company) with capital of 94,626,400 euros, specialising in fund management, whose registered office is at Domaine de Fontenille - 84360 Lauris, registered with the Registre du Commerce et des Sociétés d'Avignon, under the unique identification number 798 361 184, whose unique VAT identification number is FR13798361184 and whose customer service can be contacted by e-mail at the following address contact@lesdomainesdefontenille.com.

"Part(s) means separately or jointly Les Domaines de Fontenille and/or the Establishments and the Customer.

"Privacy Policy means the document which sets out the commitments of Domaines de Fontenille with regard to the processing of confidential data, and in particular the personal data of Clients, in the context of a Reservation, a holiday or a contact form, and which 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 Request for Hosting Services and/or Additional Services: refers to any request for Hosting Services and/or Additional Services made by the Customer.

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

  • Fontenille Collection; reservations@fontenillecollection.com ;

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

"Services Complementary Services and Hosting 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.

"Hosting 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 fontenille-collection.com and published by Les Domaines de Fontenille, hosted by O2SWITCH, a simplified joint stock company, registered in the Clermont-Ferrand Trade and Companies Register under number 510 909 807, with its registered office at Chemin des Pardiaux, 63000 Clermont-Ferrand..

ARTICLE 2. PURPOSE AND GENERAL PRINCIPLES

2.1 The purpose of the General Terms and Conditions applicable to Groups is to define the terms and conditions under which Les Domaines de Fontenille allows its Customers to benefit from all of the Accommodation Services and/or all of the Complementary Services within the Establishments as part of a group for seminars, banquets, business trips, congresses, demonstrations and events, whether residential or not. The "Group" General Terms and Conditions apply to bookings of 5 rooms or more with identical services and for bookings made by the same person.

2.2 Any Reservation at the Establishments implies prior consultation and full and unreserved acceptance by the Customer of these General Conditions as well as the Tariff Conditions. The Customer declares that he/she has obtained from Domaines de Fontenille all the information necessary and available to proceed with the Reservation of Accommodation and/or Complementary Services.

2.3 Domaines de Fontenille reserves the right to depart from the General Terms and Conditions by negotiating Special Terms and Conditions with its Customers.

2.4 The General Terms and Conditions do not govern the offer, reservation or order of Accommodation Services and/or Complementary Services offered by entities other than Les Domaines de Fontenille. Les Domaines de Fontenille cannot under any circumstances be held responsible for bookings offered by third parties.

2.5 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.

2.6 Domaines de Fontenille reserves the right to adapt, modify or supplement all or part of these General Terms and Conditions at any time. The amended Terms and Conditions will be applicable to Clients as soon as they come into force unless the Client objects in writing within one (1) month, in which case the version applicable to Clients will remain that in force on the date of the Reservation. Customers are advised to consult the General Terms and Conditions regularly to take note of any changes.

2.7 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.

2.8 Any clause of these General Terms and Conditions which may be declared null and void or unlawful by a court decision will be rendered ineffective, but its nullity will not affect the other stipulations, nor will it affect the validity of the General Terms and Conditions as a whole or their legal effect. In this case, the Parties shall, if possible, replace the provision declared null and void with a valid provision corresponding to the spirit and purpose of the Contract.

2.9 Under the terms of Article L 441-6 of the French Commercial Code, the General Terms and Conditions govern in particular the relationship between the Establishment and Professional Clients making a Reservation for professional groups as part of their professional activity. No document issued by the Professional Clients may be considered as contractual or applicable to the Reservation and to the contracts if it is not expressly accepted by Domaines de Fontenille. In the event of any contradiction or difference of interpretation between the General Terms and Conditions of Domaines de Fontenille and the general terms and conditions of purchase of the Professional Clients, Domaines de Fontenille and the Professional Clients agree that these General Terms and Conditions shall prevail.

2.10 The data recorded in the computer system of Les Domaines de Fontenille constitute proof of the conclusion of the Contract and of all the transactions concluded with the Clients. Thus, the Booking, the entry of bank details, the acceptance of the General Terms and Conditions, the Price Terms and Conditions, and the Privacy Policy between Domaines de Fontenille and the Clients, has the same value as a handwritten signature on paper. The computerised records kept in the computer systems of Les Domaines de Fontenille will be kept in reasonable conditions of security and will be considered as proof of communication, order and payment between Les Domaines de Fontenille and the Clients.

ARTICLE 3. PRE-CONTRACTUAL 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 Customers acknowledge that they are aware of the nature, purpose and booking terms of the Services offered by the Establishments and that they have requested and obtained the necessary information to make their Booking with full knowledge of the facts. They are solely responsible for their choice of Services and their suitability for their needs, such that the Establishment cannot be held liable.

4.2 Customers attest to the truthfulness and accuracy of the information provided, and undertake to notify the Establishment immediately of any errors.

4.3 Reservations are registered when Customers accept these General Terms and Conditions and the Special Terms and Conditions in full.

4.4 The sale of Services will not be considered definitive until the Reservation Confirmation has been sent to the Clients by e-mail and the amount corresponding to the deposit has been received by the Establishment.

4.5 The Establishments reserve the right to cancel or refuse any Reservation from Customers with whom there is a dispute relating to the payment of a previous Reservation.

4.6 For all residential seminars, the Customer must send the establishment the list of names of participants and the room allocation in writing (email or post) no later than seven (7) days before the planned date of arrival.

4.7 Customers can make a Service Reservation by telephone or e-mail, depending on the Establishment selected:

4.8 During the Distance Booking process, the Establishments provide Customers with all the information they need to make their choice and proceed with their Booking.

4.9 The Establishments then send a quotation to the Customers by e-mail, together with the General Terms and Conditions of Sale and the Tariff Conditions.

4.10 If the Customer accepts the conditions of the quotation, he must confirm his Reservation and return to the Establishment a copy of the quotation duly dated, signed and marked "Good for agreement", as well as the Professional Customer's stamp where applicable, which will then form the Special Conditions and will be deemed to constitute acceptance of the General Conditions.

ARTICLE 5. PRICES

5.1 Prices are expressed in Euros, exclusive of tax ("HT") or inclusive of tax ("TTC"). Prices for Accommodation Services are per room for the number of people and the date selected. Rates are confirmed to the Customer in the commercial currency of the Establishments, inclusive of all taxes (excluding tourist tax).

5.2 Prices take into account any discounts granted by the Establishments. These prices are firm and non-revisable during their period of validity. Domaines de Fontenille reserves the right to change prices at any time outside the period of validity.

5.3 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.

5.4 The rates for the Accommodation Services indicated do not include tourist tax. The tourist tax is payable directly to the Establishment at the end of the stay, when the Customer leaves.

5.5 Complementary Services (such as breakfast or spa services) are not included in the price and are displayed separately.

5.6 Conversion into foreign currency is given for information only and is not contractual. If a fare involves payment directly to the Establishment on the Customer's arrival or departure and the Customer's currency is not the same as that of the Establishment, the Establishment's fare is likely to be different from that communicated at the time of Reservation, taking into account changes in the exchange rate between the date of Reservation and the date of payment.

ARTICLE 6. PAYMENT

6.1 Provisions applicable to Professional Customers

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. MODIFICATION OR CANCELLATION

7.1 Cancellation or modification of the Reservation 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 Hosting 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.

7.2.3  If the Reservation is cancelled due to a fault on the part of the Client, the latter will be liable, without prejudice to any damages and interest to which the Establishment may be entitled, for all the sums due in application of the Reservation.

ARTICLE 8. PROVISION OF SERVICES

8.1 Provisions common to all Services

8.1.1 The Services reserved by the Customer, including the Hosting 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 Provisions specific to Complementary 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. MOVING

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.

10.4 The Customer undertakes not to receive any guest in his/her room whose identity does not appear on the Accommodation Services Reservation.

10.5 For Accommodation Services, the Customer undertakes to cease all noise between 10 p.m. and 8 a.m. to ensure the peace and quiet of all Customers of the Establishment.

10.6 No food or drink brought in from outside by the Customer and his/her participants will be admitted without prior authorisation from the Establishment.

10.7 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 ask the Customer to leave the Establishment without any compensation and/or without any refund if payment has already been made. If no payment has yet been made, the Customer must pay the full price of the stay (nights used plus nights booked but not yet used) before leaving the Establishment.

10.8 All Customers who have made a Remote Reservation will be asked to pay a deposit in the form of a bank card imprint. This imprint is a pre-authorisation, which does not result in the Customer's account being debited. This deposit will only be used at the end of the stay if compensation has to be withheld for any damage caused or if on-site services remain unpaid. Use of this deposit does not preclude additional compensation in cases where the costs exceed the amount of the deposit.

10.9 The Customer is liable for all direct and/or indirect, consequential damages which he/she may cause in the reserved room, in the privatised part of the Establishment or which he/she may cause within the Establishment. Consequently, he/she undertakes to compensate Les Domaines de Fontenille for the amount of the said damage, without prejudice to any damages and interest that may be due, procedural costs and lawyers' fees incurred by Les Domaines de Fontenille, with Les Domaines de Fontenille having any right and being able to take any useful action in order to obtain compensation for the damage suffered.

10.10 The Customer will thus be liable, without this list being exhaustive, for payment of additional cleaning costs, reimbursement of the cost of broken or damaged objects and furniture and payment of the price of the room if the room is unavailable as a result of damage caused by the Customer or his/her participants.

ARTICLE 11. RESPONSIBILITY OF THE ESTABLISHMENT

11.1 The Customer must ensure the safekeeping of the goods he/she has brought with him/her. In particular, the Customer is invited to take out specific insurance cover for goods with a unit value of more than €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 of or damage to property belonging to the Customer in his/her hotel room, in the private room or in the private car park of the Hotel, the liability of the Hotel is limited and capped in accordance with Articles 1953 and 1954 of the French Civil Code. For Business Customers, the liability of the Establishment is limited to the total amount collected at the time of the Reservation.

11.4 In the event of any claim by a Customer regarding the disappearance of and/or damage to any of his/her possessions within or outside the Establishment, the Customer must provide the Establishment with the required documentary evidence. In the event of theft, a complaint must be lodged, together with proof of purchase (proof of purchase, invoice for the item). In the event of damage, proof of the damaged item and proof of purchase or repair will be required. Failing this, the request will not be considered by the Establishment.

11.5 The Establishment may not be held liable in the event of fault or recklessness on the part of the Customer. The following in particular shall constitute fault or recklessness:

  • 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 Domaines de Fontenille is strictly limited to compensation for direct and proven damage, to the exclusion of any indirect damage, which includes in particular any lost profit, loss, commercial prejudice, loss of turnover or profit, loss of clientele or moral prejudice.

ARTICLE 12. HEALTH REGULATIONS

12.1 Health regulations in force, all the Domaines de Fontenille establishments undertake, in the context of their services and in compliance with any health protocol, to comply with the various official rules and recommendations in force.

12.2 Les Domaines de Fontenille undertakes to use all possible means to preserve and ensure the health and 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 its own initiative or at the instigation of a third party, in violation of the sanitary protocol established by the Facilities in the Internal Regulations and, more generally, in violation of all the measures implemented by the Facilities to comply with the applicable sanitary rules, Les Domaines de Fontenille and the Facilities may not be held liable for any direct or indirect damage and/or consequences of any kind resulting from such violation vis-à-vis the Client and vis-à-vis 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 subject to automated processing by Les Domaines de Fontenille acting as Data Controller. The data collected is kept confidential and is intended for the exclusive use of Domaines de Fontenille. It may be transmitted exclusively for the purposes mentioned above 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 Data is stored in accordance with the personal data retention policy. For further information, the Customer may consult the "PPrivacy 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, at the request of the Establishment, any photograph, post or report that may be detrimental to the Customer's image.

16.3 If the Customer wishes to organise a photo or video report, it must first obtain the assignment of the image rights held by each third party appearing in the photographs or videos and for each medium in such a way that the liability of the Establishment can never be invoked.

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 external to the Parties that is unforeseeable, irresistible (insurmountable) and external to the Parties that prevents either the Customer or the Establishment from fulfilling all or part of the obligations set out in the Agreement. Cases of force majeure or fortuitous events are those usually recognised by the jurisprudence of the French Courts and Tribunals.

18.2 By way of example, without this list being exhaustive, the following shall 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, force majeure does not include :

  • 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.

SECTION 19. COMPLAINTS - CUSTOMER SERVICE

19.1 For any complaint relating to a Booking, the Customer may contact customer service by e-mail at the Establishments' e-mail address, directly via the Establishments' contact form on the Website or by e-mail at contact@fontenillecollection.com

19.2 The Customer may also contact Customer Services by post at the address of the Establishments and 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 Terms and 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. DISPUTES

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 Provisions applicable to Professional Customers

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.