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PUBLISHER
EAU THERMALE AVENE L'HOTEL
A general partnership ("SNC") with capital of €760,000
Registered office: 45, Place Abel Gance – 92100 BOULOGNE
Tel: +33 (0) 5 63 58 88 00
Commercial Register of Montpellier SIREN 379 142 649
Intra-Community VAT: FR42379142649
DIRECTOR OF PUBLICATION
Nuria PEREZ CULLELL
Laboratoires Dermatologiques Avène Director
HOST
Société OVH, SAS with capital of 10 069 020 Euros, registered at 2 rue Kellermann - 59100 Roubaix - France, under number 537 407 926 sise 2, with headquarters at 2 rue Kellermann - 59100 Roubaix – France
WEBMASTER
Groupe Composer
SCOP SAS with variable capital, registered at RCS of TOULOUSE, with number B 320 051 022, headquarters at 2 impasse du Ramier des Catalans, 31000 Toulouse.
GENERAL TERMS AD CONDITIONS OF USE
The purpose of the present general terms and conditions of use (hereafter the "General Terms and Conditions of Use") is to define the methods and conditions of access and use of the Website that you unconditionally accept when you visit the Website.
If you do not accept the General Terms and Conditions of Use, please leave the Website and do not access or use it.
If you are not of legal age, you undertake to only visit the Website in the presence of your parents or guardian once they have accepted the General Terms and Conditions of Use.
EAU THERMALE AVENE L'HOTEL may change and/or update the General Terms and Conditions of Use at its discretion, at any time, without notice. The user therefore undertakes to regularly read said General Terms and Conditions of Use.
By visiting the Website, you agree to comply with the General Terms and Conditions of Use as they are posted on the date of your visit.
Object of the website
The Website was created by EAU THERMALE AVENE L'HOTEL and is made available to you so you can reserve a Room in the hotel. This Website must therefore be used and visited for personal reasons only.
As we take all of our activities into account when we update the Website, some new information or announcements may no longer be valid when they are posted or they may simply be out of date. EAU THERMALE AVENE L'HOTEL cannot guarantee that all updates of the information or news posted on the Website are perfect, although it makes every effort to do so.
Registration
Registration on the Website is not mandatory to view its content. However, personal information will be requested if you make a reservation.
Accessibility
EAU THERMALE AVENE L'HOTEL endeavours to keep the Website accessible 24/7.
However, EAU THERMALE AVENE L'HOTEL may not be held liable in the event of a temporary interruption in access or use of the Website, in particular for maintenance or upgrades. EAU THERMALE AVENE L'HOTEL also reserves the right to change, suspend or even interrupt the display of all or part of the Website, without notice and at any time, including its forum and, in particular, links to other websites. EAU THERMALE AVENE L’HOTEL may in no case be held liable for any of these interruptions and potential consequences thereof for the user or third parties.
In no case may the Website be held liable for a loss of information or damage caused to said information.
Information and advice provided by the Website may not be interpreted as a guarantee of any kind.
Guarantee
EAU THERMALE AVENE L’HOTEL undertakes to verify that the content of the Website complies with the French laws in effect.
EAU THERMALE AVENE L’HOTEL undertakes in particular not to post information that breaches a third party right or is violent, pornographic or defamatory, and it undertakes not to post illegal content, in particular of a racist, xenophobic or paedophilic nature or that infringes the dignity of individuals.
EAU THERMALE AVENE L’HOTEL endeavours to ensure that the content on its Website is accurate and reliable. However, errors may occur. Therefore, the content, information and/or items published on the Website are provided "as is", with no express or tacit guarantee on the part of EAU THERMALE AVENE L'HOTEL in terms of their accuracy and exhaustiveness.
The documents and information that EAU THERMALE AVENE L'HOTEL posts electronically on the Website have been reread numerous times; they may, however, contain technical and/or typographical errors or another inaccuracy, which you acknowledge and accept when you use the Website.
If you see any such errors, please do not hesitate to inform us by using the contact form. We will make the necessary corrections. The texts posted may also have been the subject of updates between the time you saw them and the time you read them.
We therefore in no way guarantee that this information is accurate, complete and up to date.
Liability
Although EAU THERMALE AVENE L’HOTEL has taken the necessary steps to ensure the reliability of the information and services set out on the Website, it may not be held liable for errors, omissions, viruses or results that may be obtained through a poor use thereof. The Website is in fact bound only by a simple obligation of means.
EAU THERMALE AVENE L'HOTEL, its management and/or employees may not be held responsible, in a contractual liability, criminal or other legal action, for any direct or indirect damage, incident or other consequence of any kind or any prejudice, in particular but not limited to any financial or commercial prejudice that results from the use of the Website or any of the elements on the Website.
In this regard, EAU THERMALE AVENE L'HOTEL may not be held directly or indirectly liable for:
any damage whatsoever that results from a connection or access to or the use of the Website;
damage that directly or indirectly results from a visit to the Website or the use of the information available thereon;
direct or indirect damage that results from the use of the Website, in particular any operating loss, financial or commercial loss, or the loss of programmes or data in any information system, even when EAU THERMALE AVENE L'HOTEL has been informed of the possibility of such damage occurring. More generally, EAU THERMALE AVENE L'HOTEL provides no express or tacit guarantee related to all or part of the Website.
Visitors undertake not to voluntarily or even involuntarily introduce a virus or a file of any nature whatsoever that disrupts the operations of the Website; if they do, they will be fully liable in this regard.
To uphold respect for all individuals, EAU THERMALE AVENE L'HOTEL reserves the right to seek legal action against non-compliant visitors.
The user declares and guarantees that he/she is perfectly aware of the characteristics and limitations of the internet, in particular that the technical reliability of the transmission of data and information on the internet is relative and that said data and information are transmitted over heterogeneous networks with different characteristics and technical capacities which disrupt access or make access impossible at certain times.
Intellectual property rights
All of the Website's content and each of the elements taken separately, including in particular the products and/or brands mentioned, the architecture, texts, photos, drawings, videos, images, animations, illustrations, etc. (hereafter collectively referred to as the "Elements"), are the exclusive property of EAU THERMALE AVENE L’HOTEL or its technical service providers, and are protected by copyright in accordance with the laws of France and other international treaties and laws, and more broadly, intellectual property rights.
The reproduction, representation, adaptation, modification, publication, transmission or translation of all or part of the Website Elements, as well as the presentation, architecture and organization of the Website, in any form whatsoever and by any means whatsoever, is strictly prohibited without the prior written approval of EAU THERMALE AVENE L'HOTEL's Publication Director or, failing which, of its technical service providers.
You are hereby informed that EAU THERMALE AVENE L'HOTEL will make every effort to have its copyrights complied with by using all legal means available, including legal actions, if necessary.
The trademarks, logos and other distinctive signs present on the Website have been registered. The reproduction, representation and/or use thereof without the written agreement of their holder is strictly prohibited and would be considered an infringement. You are also hereby informed that EAU THERMALE AVENE L'HOTEL will make every effort to have its intellectual property rights complied with by using all legal means available, including legal actions, if necessary.
Photo credits
Photo credits: Eliophot, Nicolas Talon
Personal information
EAU THERMALE AVENE L'HOTEL does not require communication by any user of his/her personal information at any time (name, address, email address, profession, etc.). However, in particular to reserve a room, receive documents or participate in forums, you may be called upon to register and provide certain personal information.
EAU THERMALE AVENE L'HOTEL hereby informs you that the personal information you may provide online is intended solely for use by EAU THERMALE AVENE L'HOTEL or any other entity that belongs to the PIERRE FABRE Group that is responsible for the processing and archiving thereof. This information will not be communicated to other third parties, with the exclusion of the third parties that host the Website or work on its content or the management thereof.
EAU THERMALE AVENE L'HOTEL shall take all reasonable measures to ensure the confidentiality of said personal information.
EAU THERMALE AVENE L'HOTEL hereby informs you that its database that may include personal information has been declared to the Commission Nationale Informatique et Liberté ("CNIL") under number 1994454 v 0. Furthermore, EAU THERMALE AVENE L’HOTEL reminds you that, in accordance with the terms of the "Information Technology and Freedoms" Law No. 78-17 of 6 January 1978, you have a right to access, change, correct and delete your personal information, subject to providing proof of your identity.
You may exercise this right at any time
by sending a letter to the following address:
Les bains d’Avène – 34260 Avène
By writing to the webmaster at avene.hotel@pierre-fabre.com.
The change will be made as soon as possible and at the latest within eight (8) business days of receipt of your request.
Every time personal information is collected on the Website, the legal conditions governing the collection and/or modification of the information collected will be expressly reiterated.
Subject to having received your prior consent, EAU THERMALE AVENE L'HOTEL may send you direct prospecting materials or newsletters by email.
If you have subscribed to email information services (such as a newsletter), you may ask for these emails to no longer be sent either as described above or by following the instructions set out at the end of each of these communications when you receive them.
Finally, the Website may be called upon to disclose personal information when it is required to identify, apprehend or take legal action against any individual who may cause a prejudice or infringe (whether intentionally or not) the rights or the property of the Website, other Website users or any other individual who may be penalized by such activities.
Cookies and other web trackers
A cookie is a small computer programme that represents a block of digital data sent to your browser by a Web server and stored on the hard drive of your computer, tablet or telephone (hereafter referred to as the "Hardware").
In the present section, the term "cookies" refers to any technology described in Article 32-II of the Law of 6 January 1978, as amended.
Certain cookies may contain personal information that identifies you as a physical user and/or your Hardware. They allow the Website to identify parts of our activity that interest you and therefore to provide you with content that may correspond to your centres of interest. In this regard, we inform you that the conservation period for the information recorded by cookies in your Hardware may not exceed 13 months.
The Website uses cookies in particular in order to prepare statistics (e.g. estimate of the number of visits to the Website, geographic zones in which Users are located, etc.), improve Website operations and your navigation (e.g. favour or develop the optimization of your Website for a given browser and a given colour-display type) and provide navigation security by fighting against fraud and undesirable emails, in particular.
Third party cookies may also be saved on your Hardware and are intended to personalize and/or improve content, including advertising, that may be used when you browse. Depending on the media, a number of third party cookies may be stored, in particular:
Social network cookies may be installed on your Hardware when you view one of our media in which content from social networks is published. We invite you to read the management policy for these social network cookies on the relevant social network websites.
Flash® cookies are files stored by the Flash® software installed to view dynamic objects such as graphic animations or videos. Flash® cookies may be installed as soon as the Flash® application is used. We invite you to read the management policy for these Flash® cookies on the website of this software's publication company.
Profiling cookies, defined by a third party such as an advertiser, may be used to post advertisements that correspond best to you or target your centres of interest. For example, this may involve presenting advertisements for our products when you visit other Websites. They also limit the number of displays of an advertisement and help measure the effectiveness of an advertising campaign. These cookies also track your visits on different Websites.
Also, we may place our cookies on media that belong to third parties with whom we are partners and that post advertisements for our brands and/or products. These cookies are used mainly to present content that is suited to your centres of interest and to track the number of views of our content (including advertising).
By continuing to browse our Website, you agree to our use of cookies in accordance with the description thereof in this section.
Internet browsers are usually configured to accept cookies. You may of course oppose their presence and refuse or delete them. For this purpose, you may delete them from your Hardware by consulting the help page of the browser you use or oppose the saving of cookies by disabling this feature in your browser.
To change these parameters, go to the "Options" or "Preferences" menu of your browser. The following links for the browsers used most frequently today may be useful to find out more on these parameters. Otherwise, use your browser's "Help" option for more details.
Cookie parameters in Internet Explorer
Cookie parameters in Firefox
Cookie parameters in Google Chrome
Cookie parameters in Safari and iOS
Methods to disable cookies are indicated on the Commission Nationale de l'Informatique et des Liberté's ("CNIL") website under its heading related to "cookies and other trackers" at: http://www.cnil.fr
Remember that if you use different Hardware devices in different locations, you must ensure that each browser has been adjusted to reflect your cookie preferences.
You may change your choice regarding the acceptance or refusal of cookies at any time.
Please note that if you disable cookies, some of the Website content will be inaccessible and you may not have access to all of the Website's features.
Security
As the internet is an open network, EAU THERMALE AVENE L’HOTEL cannot guarantee that this information will not be misappropriated by third parties.
Hypertext links
Hypertext links on the Website:
EAU THERMALE AVENE L’HOTEL may place hypertext links on the Website to view other external websites managed by third parties. However, EAU THERMALE AVENE L'HOTEL is not the publisher of these websites and therefore cannot control the content thereof. Therefore, EAU THERMALE AVENE L'HOTEL provides no guarantee as to the information available on these other websites and accepts no responsibility regarding their content, products, services or advertisements or with regard to the potential collection and transmission of personal information, the installation of cookies or any other process for the same purpose performed by said websites. You are therefore solely responsible for the use of any link to any other website.
Hypertext links to the Website:
You may insert a hypertext link on your website to the EAU THERMALE AVENE L'HOTEL Website.
However, the creation of hypertext links to the Website requires the express, written and prior authorization of Thermes d'Avène. The absence of a reply from EAU THERMALE AVENE L'HOTEL may in no way be interpreted as its authorization.
Any request for authorization must be sent using the contact form.
In no case will authorization be granted to a website that displays information and/or content that is, without limitation, illicit or illegal and/or political, confrontational, religious, phonographic or xenophobic, it being understood that such content and/or information is illegal in any event.
The authorization to insert a hypertext link in no way authorizes:
the reproduction of one or more of the Website's elements,
nor the presentation on your website of one or more of the Website's elements in the form of a frame (a technique that consists in dividing a web page into a number of small windows in which a document may be posted in html or another format) and/or similar systems.
EAU THERMALE AVENE L'HOTEL reserves the right to refuse the insertion of a hypertext link on your website and is not required to justify this decision. It also reserves the right to take action against any individual or entity that inserts a hypertext link to the Website without its prior express authorization.
Content spaces on the Website:
Website forums
The Website makes available to internet users forums in which contact can be made with or questions can be sent to:
avene.hotel@pierre-fabre.com
All of the messages posted on these forums express the ideas of their respective authors (hereafter the "Users"). However, as the Website is responsible for the content of these spaces, the Website managers may therefore delete or simply not respond to messages that may be reprehensible, illegal or non-compliant with the present General Terms and Conditions of Use.
Therefore, Users guarantee they will not transmit content that:
is disguised advertising;
is misleading or inaccurate;
may constitute an infringement of literary, artistic, brand, industrial or other third party property rights, such as image rights and privacy rights;
is injurious, defamatory, calumnious, racist, xenophobic, revisionist or prejudicial to the honour or reputation of others; encourages discrimination, hatred of an individual or group of individuals due to their origin or ethnicity, a nation, a race or a given religion;
threatens an individual or group of individuals;
jeopardizes public order; may be subject to civil or criminal legal action or is defamatory; is anti-constitutional, extremist or expressed by groups banned by law; incites an offence, a crime, suicide and terrorism or defends crimes, acts of terrorism, war crimes or crimes against humanity; is pornographic, contrary to public morals or infringes the dignity of individuals;
allows third parties to directly or indirectly acquire pirated software, software serial numbers, software that allows for piracy and intrusion into information and telecommunication systems and, in general, any software or other tool that infringes the rights of others and the safety of individuals and assets;
includes viruses or any other application that may disrupt or damage the software, IT hardware and computers of the Website or its users;
constitutes chain letters.
Users undertake to comply with the Website's image and reputation and not to make declarations and/or engage in any action that may cause a prejudice to the Website.
In the event of a breach of the laws in effect, public morals or the present general terms and conditions of use or for any other reason that may be freely interpreted, the Website reserves the right to close its forums for a limited period or definitively and to delete the information and referrals to said information.
The Website reserves the right to publish or refuse to publish at its discretion your opinions or websites in its forums, to modify them, adapt them or translate them into any language in any form and on any media, to keep them online or delete them at any time, with no obligation to inform you thereof.
Website moderator:
The Website's forums are moderated a posteriori by EAU THERMALE AVENE L'HOTEL.
The moderator's role is not to censor but to ensure that the content on the Website remains courteous and respectful, and, more importantly, complies with the laws in effect. Moderators may therefore immediately delete messages that:
Are insulting or defamatory,
Constitute advertising or are promotional,
Are racist or homophobic,
Include addresses or telephone numbers,
Are unintelligible, off topic or posted in a number of discussions at the same time.
This list is not exhaustive. EAU THERMALE AVENE L'HOTEL reserves the right to delete messages that do not fall within one of these categories.
EAU THERMALE AVENE L'HOTEL may take the initiative, without prior notice, to fully or partially delete any content posted in forums if this content may breach the laws and regulations in effect or contravene public morals.
The conditions under which a User is barred vary from case to case (seriousness of the comments, frequency of the disruption, profile, etc.).
Internet users who openly defend crimes against humanity, incite racial hatred or violence, infringe human dignity, engage in child pornography or repeatedly post advertising in discussion forums are automatically barred and their messages are erased without notice.
However, EAU THERMALE AVENE L'HOTEL generally endeavours to warn the relevant internet users before any sanction is applied.
Forum Users who may be startled, surprised or shocked by certain messages in the forums may send an email to the following address:
avene.hotel@pierre-fabre.com
Users acknowledge the fact that EAU THERMALE AVENE L'HOTEL assumes responsibility only as a technical service provider, as defined in Article 6 of the "Law for Confidence in the Digital Economy (LCEN)", for the content produced by Users in the framework of forums, and, as such, that:
EAU THERMALE AVENE L'HOTEL declines all liability for the quality and legal conformity of the content of any nature (texts, sounds, videos, graphics, photos or other content) freely produced by Users,
EAU THERMALE AVENE L'HOTEL may, in accordance with its legal obligations, delete said content once a third party has provided notice of the illegal nature of the relevant content,
EAU THERMALE AVENE L'HOTEL communicates the elements that allow for identification of Users who contributed to this content in accordance with its legal obligations and at the formal request of judicial authorities.
Recommendations to Users
When forum users make medical and/or scientific statements on the forums, they must be verified first and be a priori truthful and accurate. Each User is therefore invited to indicate, if possible, the sources and proof (references, links, a scientific article, medical or general press, etc.) of the medical and/or scientific information posted if it does not result from his/her personal experience when the statements made by the User are unambiguous in terms of the origin thereof.
EAU THERMALE AVENE L'HOTEL reminds Users that any message may be read and used by anyone and repeated and quoted in other messages once the message has been published.
Forum discussions are archived.
Misuse
Users are solely responsible for the information, messages, images and, in general, any content they post in forums.
In the event of repeated misuse, EAU THERMALE AVENE L'HOTEL reserves the right to take action and will make the Internet Protocol (IP) addresses of the relevant Users available to the courts.
Miscellaneous terms
If any of the terms of the present General Terms and Conditions of Use is no longer valid or if these General Terms and Conditions of Use are deficient, the term in question will be replaced by a term that is as close as possible to the former one from the perspective of a legal interpretation thereof.
If you are not satisfied with all or part of the Website or its forum or if you disagree with the present general terms and conditions of use, your only recourse is to cease using the Website.
Your navigation on the Website or general use of the Website necessarily implies that you have read the present general terms and conditions of use and wholeheartedly accept them. You also undertake, when you access and use the Website, not to breach current laws, regulations, practices and the legitimate interests of third parties and EAU THERMALE AVENE L'HOTEL.
If EAU THERMALE AVENE L'HOTEL has good reason to believe that a User has not complied with one of the terms set out above, EAU THERMALE AVENE L'HOTEL reserves the right to suspend or bar this User's access to the Website with no prior notice. EAU THERMALE AVENE L'HOTEL may in no way be held liable for the exercise or non-exercise of this right to suspend or bar access to the Website.
For any question related to the present general terms and conditions of use or a question or comment on the Website or its forum, please contact us by using the contact form.
Applicable law and jurisdiction
The present general terms and conditions of use are governed by French law. In the absence of an amicable settlement, the Courts of Nanterre have sole jurisdiction to settle any dispute related to non-compliance with the present General Terms and Conditions of Use.
GENERAL TERMS AND CONDITIONS OF SALE
EAU THERMALE AVENE L’HOTEL, a general partnership with capital of €760,000, registered with the Commercial Register of Montpellier under number 379 142 649, whose registered office is located at Les bains d’Avène – 34260 Avène, France.
Web host
CIS VALLEY, a simplified public limited company with capital of €2,500,000, registered with the Commercial Register of Bordeaux under number B 410 100 747, whose registered office is located at Chemin de l’Hermite – BP 70081 – 33523 Bruges.
PREAMBLE
DEFINITIONS
OBJECT AND SCOPE
CONTRACTUAL PERIOD
RESERVATIONS
RATES
PAYMENT TERMS AND METHOD
INTERRUPTION
CANCELLATION
CHANGES
STAY AT THE HOTEL
LIABILITY
FORCE MAJEURE
CLAIMS
PRIVACY REGULATIONS
INTELLECTUAL PROPERTY
CONTRACTUAL DOCUMENT
APPLICABLE LAW
APPENDIX: SPECIAL TERMS AND CONDITIONS FOR ONSITE OR TELEPHONE RESERVATIONS
I-PREAMBLE
EAU THERMALE AVENE L’HOTEL, a general partnership ("SNC"), operates the http://www.eauthermaleavene-lhotel.com/fr hotel room reservation website.
The Client declares he/she has obtained all of the information required from EAU THERMALE AVENE L'HOTEL.
Any reservation of a Room via the http://www.eauthermaleavene-lhotel.com/fr website implies that the Client has read, and fully and unconditionally accepts the General Terms and Conditions of Sale for the rate reserved.
The Client's agreement with the present General Terms and Conditions of Sale for the rate reserved is implicit upon making the reservation; no reservation is possible without said agreement.
The Client may save and print the present General Terms and Conditions of Sale for the rate reserved by using the standard features on his/her browser or computer.
The website provides the following information:
Legal contact information with the precise identification of EAU THERMALE AVENE L'HOTEL, indicating its corporate name, street address, email address, telephone number and registered office, and if it is subject to value added tax and has an individual VAT number.
A presentation of the hotel and its surroundings.
The key features of the Rooms proposed.
The restaurant's menu and offerings.
Hotel access means.
Rates.
Payment methods.
The General Terms and Conditions of Sale.
The validity period for the offer and its price.
Prior to reserving a Room, the Client declares he/she is making this Room reservation for his/her personal use.
The Client acknowledges that he/she has been fully informed that his/her agreement with the content of the General Terms and Conditions of Sale does not require a handwritten signature of these documents but is implicit when making the reservation.
All of this information is provided in French and English.
The Client declares that he/she has full legal capacity to agree to the present General Terms and Conditions of Sale.
II-DEFINITIONS
In the present document, the terms below bear the following meanings:
"Client": An individual (contracting party) of legal age (over 18) who has reserved a Room for his/her personal use.
"Reservation Confirmation": an electronic document (email) sent by EAU THERMALE AVENE L’HOTEL to the Client that summarizes the features of the Room reserved by the Client over the internet. Acceptance of the reservation confirmation contractually binds the Client.
"Email": any message in the form of a text, sound or image, or a voice message sent by a public communications network, stored on a network server or on the addressee's hardware device until said addressee retrieves said message.
"Reservation": the Client's act of reserving a Room.
"Room": A hotel Room or Suite that may be reserved on the website and whose key features are presented on the Website.
"Hydrotherapy": a series of services, spa packages and additional treatments prescribed by the attending physician, whether or not they are covered by French health insurance or any other social coverage scheme.
"Hydrotherapy Client": a Client who undergoes Hydrotherapy.
"Website": an electronic service operated by EAU THERMALE AVENE L'HOTEL on the internet that can be accessed at http://www.eauthermaleavene-lhotel.com/fr.
III-OBJECT AND SCOPE
The present General Terms and Conditions of Sale define the parties' rights and obligations in terms of the remote reservation of Rooms offered to Clients by EAU THERMALE AVENE L'HOTEL on its Website.
They govern all of the steps required for a reservation and for the parties to track a reservation.
The Client declares he/she has read and accepts the present General Terms and Conditions of Sale, which can be accessed on the Website.
The present General Terms and Conditions of Sale apply to all of the reservations made on the Website.
IV-CONTRACTUAL PERIOD
The present General Terms and Conditions of Sale apply throughout the period during which EAU THERMALE AVENE L'HOTEL has placed its services online on the Website.
EAU THERMALE AVENE L’HOTEL reserves the right to temporarily or definitively disable the Website or the online reservation space without notice or compensation. EAU THERMALE AVENE L’HOTEL is not responsible for damage of any kind that may result from these changes and/or the temporary unavailability or the definitive disabling of all or part of the Website, including the online sales space.
The present General Terms and Conditions of Sale may be modified and/or completed at any time by EAU THERMALE AVENE L'HOTEL, although the terms and conditions that applied at the time the Client made the reservation will remain applicable. In this case, EAU THERMALE AVENE L'HOTEL will place the new version of the General Terms and Conditions of Sale online. In the event of a modification, the applicable General Terms and Conditions of Sale will be the ones in effect on the date the reservation is made.
V-RESERVATIONS
The Client chooses a room among the Rooms presented on the Website when he/she makes the reservation.
The Client may reserve a Room via EAU THERMALE AVENE L’HOTEL's website, by telephone at +33 (0)4 67 23 44 45 or by email at avene.hotel@pierre-fabre.com.
The Client declares that he/she has read all of the features of the available Rooms and the reservation terms and conditions, and has requested and obtained the information required and/or additional information to knowingly make the reservation.
The reservation procedure is broken down into a number of steps as follows:
Entry of the dates, number of nights and number of individuals,
Choice of a room or a suite,
Verification of reservation details, the total price, the applicable terms and conditions of sale, and a potential adjustment of the options (room, rate, additional services),
Entry of the Client's contact information,
Entry of the Client's credit or debit card if payment or prepayment is made online,
Reading and acceptance of the General Terms and Conditions of Sale before confirming the reservation,
The Client's confirmation of the reservation,
EAU THERMALE AVENE L'HOTEL's confirmation of the reservation.
All reservations are made in the Client's name and may not be transferred to a third party whether in return for payment or for free.
The Client has sole responsibility for his/her choice and the suitability of said choice in terms of his/her requirements, and EAU THERMALE AVENE L'HOTEL may not be held liable in this regard.
The Client certifies that the information he/she transmits is true and accurate.
EAU THERMALE AVENE L'HOTEL reserves the right to refuse or invalidate a reservation if a Client provides incomplete or fraudulent information or if the deposit is not made.
The Client is presumed to have accepted the reservation once the reservation has been confirmed by EAU THERMALE AVENE L'HOTEL. This acceptance binds the Client in that it implies he/she has read the General Terms and Conditions of Sale and has unconditionally agreed with said General Terms and Conditions of Sale.
For any question related to a reservation, the Client may contact EAU THERMALE AVENE L’HOTEL directly by telephone at +33 (0)4 67 23 44 45 or by Email at: avene.hotel@pierre-fabre.com.
VI-RATES
The applicable rates are those that are in effect on the date the reservation is made. Our rates are set out in euros, including tax, and are only valid for the period indicated on the Website and reservation confirmation.
The rates include the VAT that applies on the date of the reservation. Any change in the applicable VAT rate will be automatically included in the rates indicated. The VAT actually paid by the Client will be the VAT in effect on the date payment is received. Any change or any new legal or regulatory tax imposed by the competent authorities will be automatically included in the price indicated on the invoicing date.
The prices do not include the tourist tax ("taxe de séjour") that the Client must pay directly to the hotel on site.
EAU THERMALE AVENE L'HOTEL reserves the right to change its rates at any time while guaranteeing that the prices in effect on the day the reservation is made will apply.
The rates may be viewed and downloaded on the Website and are set out in the EAU THERMALE AVENE L'HOTEL brochures.
VII-PAYMENT TERMS AND METHOD
At the time the Client makes a reservation, he/she will be automatically redirected to the RESERVIT reservation platform, which will allow him/her to securely finalize the reservation.
The offers presented on the website are subject to different terms of payment and reservation methods that will be clearly set out in the offer. These offers may include:
Immediate payment with no possible reimbursement,
A reservation requiring no prepayment that may be cancelled at no cost up to the day before the reserved date, failing which the first night will be debited,
Payment of a deposit equal to 20% of the amount of the reservation, which will be reimbursed after cancellation, subject, in the case of Spa Client packages, to the provision of a medical certificate stating that the Spa Therapy is contraindicated.
For prepayment via RESERVIT, the Client will provide his/her bank information, credit card or debit card (Carte Bleue, Visa, Mastercard) by directly indicating in the space provided for this purpose (secure entry of information via SSL security technology) the card number, with no spaces between the numbers, as well as the expiry date and visual cryptogram.
EAU THERMALE AVENE L'HOTEL has chosen RESERVIT in order to secure online credit and debit card payments. RESERVIT checks the validity of the Client's credit or debit card. The card may be refused for a number of reasons: it may be stolen or blocked; the limit may have been reached; there may have been an entry error, etc. If a problem arises, the Client must contact his/her bank and EAU THERMALE AVENE L'HOTEL to confirm the reservation and payment method.
The Client must pay for the various additional services and taxes on site before his/her departure.
If the Client does not pay the balance of the services on site before leaving, the hotel reserves the right to directly debit the sums due from the credit or debit card whose information was provided either at the time the deposit was made or upon arrival at the hotel, which the Client expressly accepts. In this case, late payment penalties will be due as of the day after the invoice payment date at the rate of 15% per year, applied to the total amount of the invoice, including tax. Furthermore, a flat-rate penalty equal to 15% of the sums due will be owed in the event of a legal collection procedure.
VIII-INTERRUPTION
Except in the case of a prepaid offer not eligible for reimbursement, if the Client's stay is interrupted, he/she must pay for all services used at the applicable rate.
With regard to Spa Therapy packages, the deposit equal to 20% of the amount of the stay will be reimbursed subject to the provision of a medical certificate indicating that the Spa Therapy is contraindicated.
IX-Cancellation
The Client is reminded that, in accordance with Article L. 121-21-8 12° of the French Consumer Code, he/she does not have the right to withdraw defined in Article L. 121-21 of the French Consumer Code.
The terms and conditions of sale for the rate reserved indicate the terms that apply to a cancellation and/or modification of the reservation.
Reservations requiring immediate payment are not reimbursed. Reservations with no prepayment may be cancelled up until the day before the reserved date of arrival. After said date, the first night will be debited. In the case of "Hydrotherapy Client" packages for which deposits are paid, said deposits will only be reimbursed further to the provision of a medical certificate stating that the Hydrotherapy is contraindicated.
When the terms and conditions of sale for the rate reserved allow, the reservation may be cancelled directly on the Website or by telephone.
X-CHANGES
EAU THERMALE AVENE L'HOTEL may accept potential changes made by the Client to his/her reservation only when said changes are possible and subject to notification being sent by letter to EAU THERMALE AVENE L'HOTEL at the following address: SNC l’EAU THERMALE AVENE L’HOTEL – LES BAINS D’AVENE – 34260 AVENE - France or by email to avene.hotel@pierre-fabre.com or by telephone as described above, within at least eight (8) days of the planned arrival.
Confirmation of a change made by telephone must be sent to EAU THERMALE AVENE L'HOTEL under the conditions described above by letter or Email.
EAU THERMALE AVENE L'HOTEL will make every effort to satisfy the Client's requests. No change will be accepted if it is received less than eight (8) days before the arrival date.
If a change is refused, the Client must cancel the reservation if he/she cannot comply with the initial terms of his/her reservation.
XI-Stay at the hotel
The Client agrees and undertakes to use the Room with care. Any behaviour that is contrary to public morals and order will cause the hotel to ask the Client to leave the premises with no compensation or reimbursement if payment has already been made. If no payment has been made, the Client must pay for the nights he/she stayed before leaving the premises.
Each room has a Nespresso coffee-maker, a “welcome” tray, a mini bar, a cupboard, a telephone with a direct line, TV with French and foreign channels, free Wi-Fi access, a USB outlet, an international electrical outlet, a safe, an iron and an ironing board. Three of the 56 Rooms are wheelchair-friendly.
EAU THERMALE AVENE L'HOTEL offers free Wi-Fi access so that Clients can connect to the internet. The Client undertakes to ensure that the IT resources made available by the hotel are in no way used to reproduce, represent, make available or communicate works or objects (such as texts, images, photographs, musical works, audiovisual works, software and video games) that are protected by copyright or any other similar right without the authorization of the right holders described in Books I and II of the Intellectual Property Code, when said authorization is required. If the Client does not comply with these obligations, he/she may be charged with the offence of infringement (Article L. 335-3 of the Intellectual Property Code) and runs the risk of a fine of €300,000 and three years of imprisonment. The Client is also obliged to comply with the security policy of the hotel's internet access provider, including the rules governing the use of security resources implemented to prevent the illegal use of IT resources, and to refrain from any act that may prejudice the effectiveness of these resources.
EAU THERMALE AVENE L'HOTEL offers a luggage storage service, a laundry service, a TV/bar/library lounge, an internet area and free wireless access throughout the site, meeting rooms (seating six and twenty), electric bicycle rentals and parking with an electric battery charger, and also provides newspapers.
XII-LIABILITY
EAU THERMALE AVENE L'HOTEL may not be held liable for the non-fulfilment of the reservation in the case of a force majeure event caused by a third party, the Client or its partners, such as the unavailability of internet, a breakdown in access to the website, external intrusions, computer viruses or prepayment that is not authorized by the cardholder's bank.
Hypertext links may transfer the user to websites other than the EAU THERMALE AVENE L'HOTEL website, and EAU THERMALE AVENE L'HOTEL declines all liability in relation to the content of these websites and the services offered.
The Rooms comply with the French laws in effect. EAU THERMALE AVENE L'HOTEL may not be held liable for non-compliance with the laws of a foreign country.
The photographs present on the website are not contractual. Although every effort has been made to ensure that the photographs, graphics and texts reproduced to represent EAU THERMALE AVENE L'HOTEL provide an image that is as accurate as possible of the Rooms, differences may occur, in particular due to changes in furniture or potential renovations. The Client may make no claim in this regard.
XIII-FORCE MAJEURE
Neither party may be held liable towards the other in the event of a failure to comply with its obligations as a result of a force majeure event. It is expressly agreed that a force majeure event suspends the fulfilment of each party's obligations and that each party will pay for any resulting cost.
Force majeure means any event outside the control of the parties that is both unforeseeable and insurmountable, and that prevents either the client or the hotel from complying with all or part of their obligations under the contract. Force majeure or fortuitous events are those generally recognized by the case law of the courts of France.
XIV-CLAIMS
Customer Service is available to manage any claim related to a hotel reservation.
Go to "Access and Contacts" on one of the EAU THERMALE AVENE L'HOTEL website pages.
To write us: SNC EAU THERMALE AVENE L’HOTEL – LES BAINS D’AVENE – 34260 AVENE – France.
XV-PRIVACY REGULATIONS
The information requested of the Client is necessary to process his/her reservation for EAU THERMALE AVENE L'HOTEL. If this information is not provided, EAU THERMALE AVENE L'HOTEL will be unable to record the reservation.
In accordance with the "Information Technology and Freedoms" Law of 6 January 1978, as amended by the Law of 6 August 2004, the Client has a right to access and correct his/her personal information and oppose the use thereof.
When browsing on the Website, the Client may access his/her personal information in the client space, correct his/her information if his/her status has changed or oppose the collection by EAU THERMALE AVENE L'HOTEL of this information for prospecting purposes. Finally, the Client may also ask for the deletion of all of his/her personal information by simply sending a request by postal mail to EAU THERMALE AVENE L'HOTEL at the following address: SNC EAU THERMALE AVENE L’HOTEL – LES BAINS D’AVENE – 34260 AVENE – France.
EAU THERMALE AVENE L'HOTEL may send him/her its newsletter, promotional offers or a questionnaire by email after his/her stay at EAU THERMALE AVENE L'HOTEL. Also, by clicking on the unsubscribe button at the end of each commercial email, the Client may unsubscribe at any time.
On each of the forms that collect personal information, the Client is informed of the mandatory or optional nature of the answers via an asterisk.
For online payments, the Client's bank information must be sent by the RESERVIT payment provider to EAU THERMALE AVENE L'HOTEL's bank for the reservation contract to be enforced. In its capacity as a professional, RESERVIT has undertaken to take all of the data safety and confidentiality measures required for the transfer of said data.
XVI-Intellectual property
All of the texts, images and sounds reproduced on EAU THERMALE AVENE L'HOTEL's website or in its brochures are the exclusive property of said hotel; this property right applies throughout the world.
The present General Terms and Conditions of Sale prohibit any transfer of any intellectual property right to the Client regarding the elements that belong to EAU THERMALE AVENE L'HOTEL or its assigns, including photographs, images, literary texts, works of art, brands, graphic charters and logos.
Authorization to use the website is limited to a use compliant with the purpose of the website.
If an internet user who has a personal website wishes, for personal reasons, to place a simple direct link on his/her website to the Website's home page, he/she must obtain the express authorization of EAU THERMALE AVENE L'HOTEL to implement said link.
In any case, hypertext links that provide a transfer to the Website must be removed at EAU THERMALE AVENE L'HOTEL's first request.
The computer records stored in EAU THERMALE AVENE L'HOTEL's IT systems will be kept under reasonable security conditions and will be considered proof of the communications, reservations and payments made by the parties.
Freedom of proof does not exempt a party from providing proof based on trustworthy means.
The entering of the required bank information as well as the acceptance of the present General Terms and Conditions of Sale and the reservation form constitute, for the parties, an electronic signature which has the same value as a handwritten signature.
The Client is hereby informed that his/her IP address is recorded at the time of the reservation.
XVII- CONTRACTUAL DOCUMENT
The present General Terms and Conditions of Sale and the reservation form set out all of the parties' obligations.
No general or special condition communicated by the Client may be included in the present General Terms and Conditions of Sale.
The documents that constitute contractual undertakings between the parties are, in a descending order of priority, the reservation form (including the special conditions regarding the rate reserved) and the present General Terms and Conditions of Sale.
If a contradiction arises between the reservation slip and the General Terms and Conditions of Sale, the terms set out on the reservation slip will be the only terms that apply to the obligation in question.
XVIII-APPLICABLE LAW
The applicable law is the law of France.
In the event of a dispute, the Client is invited to contact Customer Service to settle the dispute amicably. In the absence of an amicable settlement, the Client may call upon the Tourism and Travel Mediator ("Médiateur du Tourisme et Voyage") whose contact information is available at www.mtv.travel.
Any dispute related to the conclusion, enforcement, interpretation or termination of the Contract that cannot be settled amicably will be brought before the competent courts in the jurisdiction of the defendant's domicile.
APPENDIX: Special terms AND CONDITIONS FOR onsite or telephone reservations
The present General Terms and Conditions of Sale also apply in the case of reservations by telephone or on site. The terms specific to the Website are the only terms that do not apply.
Any reservation made by telephone, on site or via the website for the EAU THERMALE AVENE L'HOTEL implies that the Client has read, and fully and unconditionally accepts the General Terms and Conditions of Sale.
In the case of a reservation not made via the website, the Client is not redirected to the RESERVIT reservation platform.
In the case of a reservation made by telephone, EAU THERMALE AVENE L'HOTEL may ask the Client to provide the details of a valid credit or debit card to keep for reference and guarantee the reservation.
