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General Terms and Conditions of Sale

Services

Version dated March 15, 2025

ARTICLE 1. DEFINITION

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

«Client(s) Consumer(s)» : refers to any individual who has reached the age of majority and has full legal capacity to commit to these General Conditions, for personal purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity, who wishes to book fewer than four (4) rooms, organize an event, or privatize a part of the Establishment.

«Professional Client(s)» : refers to any natural or legal person with full legal capacity to enter into a contract and who purchases the Services for several individuals for exclusively professional purposes, within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.

«Client(s)» : refers to Consumer Clients and Professional Clients, whenever the provisions of the General Terms and Conditions apply regardless of their status as consumer or professional.

«General Terms and Conditions» These are the General Terms and Conditions of Service for the Établissements des Domaines de Fontenille.

«Special Conditions» : refers to the specific conditions attached to the Reservation and agreed upon by the Parties at the time of the conclusion of the Contract. 

«Pricing Conditions» : designates the set of prices for the Services offered by the Establishments to their Clients.

«Reservation Confirmation» : designates the document summarizing the details of the Reservation made by the Client, sent by the website or transmitted by the Establishment directly to the Client.

«Contract» : designates these General Terms and Conditions and the Special Conditions agreed between the Client and Les Domaines de Fontenille or the Establishments.

«Establishment(s)» : designates the establishment(s) operated by the group ’Les Domaines de Fontenille«: Les Hautes Mers – Île d’Yeu

«Les Domaines de Fontenille» : designates the group controlled within the meaning of Article L. 233-3 of the French Commercial Code by the company Les Domaines de Fontenille, a simplified joint-stock company with a capital of 94,626,400 euros, specializing in fund management, with its registered office located at Domaine de Fontenille – 84360 Lauris, registered with the Avignon Trade and Companies Register under the unique identification number 798 361 184, whose VAT identification number is FR13798361184 and whose customer service can be reached by email at the address contact@lesdomainesdefontenille.com.

«Part(s)» : designates separately or jointly Les Domaines de Fontenille and/or the Establishments and the Client.

«Privacy Policy» : refers to the document that sets out the commitments of Les Domaines de Fontenille regarding the processing of confidential data, and in particular the personal data of Clients, in the context of a Reservation, a stay, or a contact form, and available on the website www.lesdomainesdefontenille.com.

«Internal Rules» : refers to the rules of conduct that the Customer must adopt within the Establishments.

«Reservation» : means any request for Hosting Services and/or Additional Services made by the Client.

«Remote Booking» : designates the Reservation made by the Customer on the Website www.lesdomainesdefontenille.com, or by email to the address or by phone to the following numbers:

«Physical Booking» : refers to the Reservation made by the Client directly at the Establishment's reception with the Establishment's employees.

«Services» : denotes Additional Services and Hosting Services.

«Additional Services» : designates the complementary service(s) to the Accommodation Services, such as, for example, a request for breakfast, lunch, or dinner, or a spa reservation request. This list is not exhaustive. Complementary services vary depending on the chosen Establishment.

«Hosting Services» : refers to the service(s) of booking hotel room(s) and/or more generally accommodation(s) made by the Customer remotely on the Domaines de Fontenille website, by email, by telephone, or physically at the Establishments.

«Website» : refers to the website accessible at leshautesmers.com and published by Les Domaines de Fontenille, hosted by O2SWITCH, a simplified joint-stock company registered with the Clermont-Ferrand Trade and Companies Register under number 510 909 807, with its registered office at Chemin des Pardiaux, 63000 Clermont-Ferrand.

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ARTICLE 2. OBJECT AND GENERAL PRINCIPLES

2.1 The General Terms and Conditions applicable to Groups aim to define the terms and conditions under which Les Domaines de Fontenille allows its Clients to benefit from all Accommodation Services and/or all Additional Services within the establishments for groups for seminars, banquets, business trips, congresses, functions, and events, whether residential or not. The «Group» General Terms and Conditions apply from 5 rooms with identical services and for reservations made by the same person.

2.2 Any reservation with the Establishments implies prior full and unreserved consultation and acceptance by the Client of these General Conditions, as well as the Rate Conditions. The Client declares to have obtained all necessary and available information from the Domaines de Fontenille to proceed with the reservation of Accommodation Services and/or Additional Services.

2.3 Les Domaines de Fontenille reserves the right to deviate from the General Conditions by negotiating Specific Conditions with its Clients.

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

2.5 The General Terms and Conditions are accessible at any time on the Domaines de Fontenille website and shall prevail, where applicable, over any other version or contradictory document, except for modifications agreed upon in the Specific Terms and Conditions.

2.6 Les Domaines de Fontenille reserve the right to adapt, modify, or supplement, at any time, all or part of these General Terms and Conditions. The modified General Terms and Conditions will be applicable to Customers as soon as they come into effect, unless the Customer objects in writing within one (1) month. In that case, the version applicable to Customers will remain the one in effect on the date of the Reservation. Customers are advised to consult the General Terms and Conditions regularly to be aware of any potential modifications.

2.7 Failure to exercise, at any time, a prerogative recognized by the General Terms and Conditions or to require the application of any of its provisions may in no case be interpreted as a modification of the General Terms and Conditions, nor as an express or tacit waiver of the right to exercise said prerogative in the future or of the right to require scrupulous performance of the commitments entered into under the General Terms and Conditions.

2.8 Any clause of these General Terms and Conditions that is declared null or illegal by a court decision shall be null and void, but its nullity shall not affect the other provisions nor the validity of the General Terms and Conditions as a whole or their legal effects. In such a case, the Parties shall, if possible, replace this nullified provision with a valid provision corresponding to the spirit and purpose of the Contract.

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

2.10 The data recorded in Les Domaines de Fontenille's computer system constitutes proof of the conclusion of the Contract and all transactions concluded with Clients. Thus, the Reservation, the entry of bank details, and the acceptance of the General Terms and Conditions, Rate Conditions, and Privacy Policy between Les Domaines de Fontenille and the Clients, have the same value as a handwritten signature on paper. The computerized records kept in Les Domaines de Fontenille's IT systems will be kept under reasonable security conditions and considered as proof of communication, orders, and payments made between Les Domaines de Fontenille and the Clients.

ARTICLE 3. PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having been informed, prior to making their Reservation and concluding the Agreement, in a clear and understandable manner, of these General Terms and Conditions and also of the following information:

  • The essential characteristics of the Services, taking into account the communication method used and the Service concerned;
  • The price of Services and ancillary fees. ;
  • In the absence of immediate execution of the contract, the date or deadline by which the Service Provider commits to providing the ordered Services; ;
  • Information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not clear from the context; ;
  • Information regarding legal and contractual warranties and how to implement them; ;
  • The functionalities of digital content and, where applicable, its interoperability; ;
  • The possibility of resorting to conventional mediation in the event of a dispute. ;
  • Information about the right of withdrawal, termination conditions, and other important contractual terms; ;
  • Payment methods accepted.
ARTICLE 4. SERVICE RESERVATIONS

4.1 Clients acknowledge having read the nature, purpose, and booking conditions of the Services offered by the Establishments and having requested and obtained the necessary information to make their reservation fully informed. They are solely responsible for their choice of Services and their suitability for their needs, so that the Establishment's liability cannot be sought.

4.2 Clients attest to the truthfulness and accuracy of the information provided and undertake to immediately report any errors to the Establishment.

4.3 The registration of a Reservation is carried out when Clients accept all of these General Conditions and Specific Conditions.

4.4 The sale of Services will only be considered final after the Reservation Confirmation has been sent to Customers by email and after the Establishment has received payment of the amounts corresponding to the deposits.

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

4.6 For any residential seminar, the Client must provide the Establishment, in writing (email or mail), with the nominative list of participants and room assignments, no later than seven (7) days before the scheduled arrival date.

4.7 Customers can make a Service Reservation by phone or email following the selected establishment:

4.8 When booking remotely, establishments provide customers with all the necessary information to make their choice and proceed with their reservation.

4.9 The Establishments then send a quote to the Clients by email, along with the General Terms and Conditions of Sale and the Pricing Conditions.

4.10 The Client, if they accept the conditions of the quotation, must confirm their Reservation and return to the Establishment a copy of the quotation duly dated, signed, and bearing the inscription «Bon pour accord» (Good for agreement), as well as the stamp of the Professional Client if applicable, which will then form the Particular Conditions and constitute acceptance of the General Conditions.

ARTICLE 5. RATES

5.1 Prices are expressed in Euros, excluding tax («HT») or including all taxes («TTC»). Accommodation service rates are per room for the number of people and the selected date. Rates are confirmed to the Customer in TTC amount (excluding tourist taxes) in the commercial currency of the Establishments.

5.2 Prices take into account any reductions that may be granted by the Establishments. These rates are firm and non-revisable during their validity period. Les Domaines de Fontenille reserves the right, outside of this validity period, to modify prices at any time.

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

5.4 The accommodation service rates indicated do not include the tourist tax. The tourist tax is payable directly on-site to the Establishment at the end of the stay, upon the Client's departure.

5.5 Ancillary services (such as breakfast or spa services) are not included in the price and are listed separately.

5.6 Foreign currency conversion is for informational purposes only and is not contractually binding. If a rate involves payment directly to the Establishment upon the Client's arrival or departure, and the Client's currency is not the same as the Establishment's currency, the Establishment's rate may differ from the rate communicated during the Reservation, taking into account exchange rate fluctuations between the Reservation date and the payment date.

ARTICLE 6. PAYMENT

6.1 Applicable Provisions for Professional Clients

6.1.1 Payment of a deposit

6.1.1.1 Except for Special Conditions, any booking must be registered upon payment of a deposit of 100% of the total amount, all taxes included, of the booking at the time of booking.

6.1.1.2 A bill will be sent to the Client within seven (7) days of their departure from the Establishment.

6.1.2 Balance payment

6.1.2.1 Unless otherwise stipulated in the Special Conditions, the balance of the Reservation as well as the Additional Services (including tourist taxes, breakfast, SPA) will be due at the end of the stay and will be subject to an additional invoice.

6.1.2.2 For Professional Clients, in accordance with Article L.441-6 of the Commercial Code, a flat-rate indemnity of €40 will be due in the absence of payment on the day following the due date indicated on the invoice, as well as late payment penalties equal to three (3) times the legal interest rate in force. The Establishment reserves the right to claim additional compensation, upon presentation of supporting documents, if the actual collection costs incurred exceed this amount of €40.

6.2 Applicable Provisions for Consumer Clients

6.2.1 Payment of the deposit

6.2.1.1  Except under special conditions, for any Reservation, the Client will be asked for their bank card payment details or sent a secure payment link to prepay 100% of the Reservation amount at the time of booking, excluding Additional Services. The deposit amount may vary in the Special Conditions depending on (i) the season and/or (ii) the location of the Establishment. This information will be communicated to the Client prior to the 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 down payment and not a deposit.

6.2.1.3 Except in cases of force majeure, Reservations are non-cancellable and non-modifiable, as described in Article 7 «Cancellation or Modification» below.

6.2.1.4 The available online payment methods are the following bank cards: Visa, MasterCard, AmericanExpress, DinersClub, Jcb.

6.2.1.5  Payment data is exchanged in encrypted mode using the SSL protocol.

6.2.2 Balance payment

6.2.2.1 In the event of a derogation from the provisions of Article 6.2.1.1 in the Special Conditions, the balance of the Reservation as well as the Additional Services are payable at the end of the Client's stay by bank card or bank transfer. Checks and vacation vouchers are not accepted by the Establishments.

6.2.2.2 The payment cards accepted by the Establishments are Visa, MasterCard, AmericanExpress, DinnersClub, Jcb.

6.2.2.3 The Establishments reserve the right to ask the Customer to present identification and/or any information relating to the Customer's identity for the purpose of preventing bank card fraud.

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

6.3 Common dispositions

6.3.1 The Establishment reserves the right to charge for any additional costs incurred due to a special request, special circumstances, or any damage found after the Client's departure. An additional charge may therefore be billed later by the Establishment. .

6.3.2 The payment for Additional Services requested individually by one or more participants, which were not included in the Reservation made by the Client for the group, will be directly handled by the concerned participants at the establishment's reception before their departure (individual payment).

6.3.3 In the absence of payment by one or more participants for Additional Services in addition to the Services included in the Contract, the invoice will be sent to the Client, who agrees to pay it no later than thirty (30) days from the invoice date.

ARTICLE 7. MODIFICATION OR CANCELLATION

7.1 Cancellation or Modification of Reservation by the Client

7.1.1 In case of a «no-show,» meaning a reservation that was not canceled but for which the Client did not appear at the Establishment on the reserved day, the Establishment reserves the right to contact the Client by any means. The Client's failure to respond within 24 hours from the start date of their stay, or a negative response from the Client, will be considered a cancellation of the reservation by the Client. This implies the release of the reserved night(s) and automatically renders the total amount of the reserved stay due, meaning all reserved nights and extras, without any right to refund for the Client.

7.1.2  In case of early departure, the full agreed-upon price at the time of booking will remain due.

7.1.3  In the event of purchasing cancellation insurance, the Client should refer to the terms and conditions of that 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 Consumer Code, given the nature of the Hosting Services provided which fall under accommodation services to be provided on a specific date or period and the nature of the Additional Services which fall under the supply of clearly personalized goods and the supply of services which subject the Consumer Customer to an obligation to pay and whose execution has begun with the prior express agreement of the Consumer Customer and with his acknowledgment of the loss of his right of withdrawal.

7.1.5  Conditions and terms for modification, postponement, and cancellation of the Reservation:

7.1.5.1 Upon booking, the Customer commits to a number of participants at the time of concluding the Agreement. The Customer has the option to partially modify the booking concerning the number of participants according to the conditions and terms specified below:

  • The number of participants may be modified, in writing and free of charge, downwards by a maximum margin of 10 % of the contracted contingent up to 30 days (Business days only) before the scheduled arrival date specified in the Reservation. In this case, the Establishment will adjust the Contract amount accordingly.

  • In the event that the number of participants is reduced by more than 10% of the contracted contingent up to 30 days (Business days only) before the scheduled arrival date of the Reservation, the Establishment will only adjust the Contract amount to the extent of the adjustment that would have been made if 10% of the contingent had been reduced.
  • In the event that the number of participants is changed less than 30 (business days only) days before the expected arrival date of the Reservation, the Establishment will be entitled to demand full payment of the Reservation amount.

7.1.5.2  When making a reservation, the Client commits to stay dates at the time of contract conclusion. The Client may make partial modifications to the reservation regarding stay dates, subject to the conditions and terms specified below:

  • Stay dates may be modified, in writing and free of charge, up to 3 months before the scheduled arrival date at the time of Booking. The Parties may then agree on new dates, which must be within 6 months of the initially planned stay dates.
  • In the event that the Client requests a change to the dates of stay less than 3 months before the initially scheduled dates, the Establishment reserves the right not to accept the postponement, and this will be considered a cancellation under the conditions set forth 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 following the initially scheduled dates of stay, the Establishment reserving the right to charge additional fees as a consequence of this postponement.

7.1.5.3  Upon the conclusion of the Contract, the Client firmly commits to the Reservation, and any cancellation thereof must be made in writing and subject to the conditions and terms defined below, unless otherwise stipulated in the Special Conditions. For any cancellation made:

  • Between the conclusion of the Agreement and 180 days before arrival: no billing for reserved Services.
  • Entre 180 jours et 120 jours avant l’arrivée : facturation à 50 % du montant des Services réservés sera facturé par l’Établissement.
  • Between 120 days and 90 days before arrival: 75% % of the amount of the Services booked will be charged by the Establishment. .
  • Less than 90 days before the arrival date: 100% % of the amount of the booked Services will be invoiced by the Establishment. .

7.2 Cancellation or Modification of the Reservation by the Establishment

7.2.1 Except in the case of force majeure and subject to the following provisions, the Establishment may neither modify nor cancel the Reservation.

7.2.2 By way of derogation, the Establishment may at any time, automatically and by any written means, suspend or cancel the Reservation in the following cases:

  • Violation by the Client of any of the clauses of the General Terms and Conditions or the Internal Regulations;
  • Judicial liquidation of the Professional Client; ;
  • Event likely to harm the establishment's image or reputation.

7.2.3  In case of cancellation of the Reservation due to fault of the Client, the latter will owe, without prejudice to any damages that the Establishment may claim, the full amount due under the Reservation.

ARTICLE 8. PROVISION OF SERVICES

8.1 Common Provisions for Services

8.1.1 The Services reserved by the Client, including Hosting Services and/or Additional Services, shall be provided under the following terms and conditions, as set forth in the General Terms and Conditions, as amended from time to time by the Specific Terms and Conditions, and supplemented by the Pricing Conditions, which the Client has read and accepted at the time of their 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 Client.

8.1.3 Upon arrival, participants will be asked to present their identification documents physically to enable the Establishments to fulfill their obligation to present a police record. Photocopies, as well as photographs of the identification card on any medium, will not be accepted. Therefore, in case of non-presentation or absence of physical presentation of the identification card, the Establishments reserve the right not to provide all the Services reserved by the Client.

8.1.4 Except as otherwise specified in the Special Conditions, the room will be made available to the Client on the day of arrival according to the specific arrangements of the Establishment, which will be reiterated in the Booking Confirmation. For guidance, check-in is generally at 3:00 PM. On the day of departure, the Client must generally vacate the room before 12:00 PM.

8.1.5 In case the reserved room is vacated after the required check-out time, an additional night may be charged to the Client as a penalty according to the specific terms of the Establishment (e.g. 50% of the room rate until 3:00 PM then 100% beyond).

8.1.6 WIFI access enabling customers to connect to the Internet is offered by the Facilities. The Customer undertakes to ensure that the computer resources made available by the Establishment will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the French Intellectual Property Code, where such authorization is required. Should the Customer fail to 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 governing the use of security measures implemented to prevent the illicit use of IT resources, and to refrain from any action that might undermine the effectiveness of these measures.

8.1.7  All establishments welcome dogs and cats provided they are kept on a leash or in a cage in the common areas of the establishment. For more information on these conditions of welcome, clients are advised to contact the establishment concerned directly. The animal remains the sole responsibility of the client for the entire duration of the stay. Animals with the exception of dogs are not allowed in the dining rooms.

8.1.8 In the event that the number of children under thirteen (13) years of age exceeds 5, the Client agrees to hire a competent person to supervise the children for the entire duration of their stay and ensure their safety. The Client will be required to provide proof of this obligation to the Establishment. .

8.2 Specific Provisions for Ancillary Services

8.2.1 Additional Services may be booked in advance on the Website, by email or phone, or directly on-site. The Establishments cannot guarantee the availability of these Additional Services.

8.2.2 It is specified that these Additional Services do not constitute package holidays with the Accommodation Services. In any event, the Additional Services are merely optional and ancillary 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 prevents them from being classified as package holidays.

ARTICLE 9. RELOCATION

9.1 In the event of an exceptional occurrence or if the reserved rooms cannot be made available to the Client, Les Domaines de Fontenille reserves the right to offer the Client accommodation in an establishment of equivalent category, for services of the same nature, provided that the Client is informed in advance.

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

ARTICLE 10. PROHIBITIONS AND CUSTOMER LIABILITY

10.1 The Client shall comply with the Establishment's Internal Regulations.

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

10.3 The Client must not disrupt the operation of the Establishment and/or compromise the safety of the Establishment or the persons therein, and more broadly must not adopt any behavior contrary to good morals and public order.

10.4 The Client undertakes not to receive any guests in their room whose identity does not appear on the Accommodation Services Reservation.

10.5 For the Accommodation Services, the Client agrees to cease all noise between 10 PM and 8 AM to ensure the tranquility of all Clients of the Establishment.

10.6 No food or drink brought in by the Client and their participants will be allowed without prior authorization from the Establishment.

10.7 In case of non-compliance with the Internal Regulations, and more specifically with all the obligations set forth in this article, the Establishment shall be obliged to invite the Client to leave the Establishment without any indemnity and/or reimbursement if payment has already been made. In the event that no payment has yet been made, the Client shall pay the full price of the stay (nights consumed plus nights booked but not yet consumed) before leaving the Establishment.

10.8 All clients who make a Remote Reservation will be asked to provide a security deposit in the form of a credit card pre-authorization. This pre-authorization is a temporary hold on funds and does not result in a charge to the Client's account. This security deposit will only be used at the end of the stay if compensation is required for any damages caused or if on-site services remain unpaid. Any use of this security deposit does not preclude additional compensation in cases where the costs exceed the deposit amount.

10.9 The Client shall be held liable for all direct and/or indirect, consequential damages caused by them, whether in the reserved room, the privatized area of the Establishment, or elsewhere within the Establishment. Consequently, they agree to compensate Les Domaines de Fontenille for the full amount of said damages, without prejudice to any damages and interest that may be due, and any legal and attorney fees incurred by Les Domaines de Fontenille. Les Domaines de Fontenille reserves the right to exercise any and all available means to obtain compensation for the damage suffered.

10.10 The Client shall be responsible, but not limited to, paying for additional cleaning fees, reimbursing the cost of broken or damaged items and furniture, and paying the room rate in the event the room becomes unavailable due to damage caused by them or their participants.

ARTICLE 11. RESPONSIBILITY OF THE ESTABLISHMENT

11.1 The Client must ensure the safekeeping of any property brought by them. They are particularly advised to take out specific insurance in case of the presence of property with a unit value exceeding €500.

11.2 The Client is encouraged to inform the Establishment if they are in possession of valuables, and will have the option to deposit all such valuables in the safe deposit box made available by the Establishment in the management office.

11.3 In case of loss or deterioration of property belonging to the Client in their hotel room, in the private room, or in the Establishment's private parking, the Establishment's liability is limited and capped in accordance with Articles 1953 and 1954 of the Civil Code. For Professional Clients, the Establishment's liability is limited to the total amount collected during the Reservation.

11.4 For any claim by a Customer regarding the disappearance and/or deterioration of their property within the Establishment and its grounds, the Customer shall provide the Establishment with the required supporting documents. In case of theft, a police report must be provided, as well as any proof of purchase (receipt, invoice for the item). In case of deterioration, any proof of the damaged item, and any proof of purchase or repair will be required. Otherwise, the request will not be considered by the Establishment.

11.5 The Establishment shall not be held liable in the event of fault or negligence on the part of the Client. The following are considered to be fault or negligence:

  • the client's failure to declare a valuable good/item to an establishment member; ;

  • the absence of depositing a valuable good/item in the Establishment's safe; ;

  • the presence of objects/items in plain sight ;

  • The forgetting of objects/belongings in the Establishment's common areas; ;

  • inviting unauthorized persons into one's room or into the Establishment; ;

  • the absence of a lock on the bedroom door, the private room, or the vehicle.

This list is not exhaustive.

11.6 Les Domaines de Fontenille's liability is strictly limited to the repair of direct and proven damages, excluding all indirect damages, which include in particular any lost profits, losses, commercial damage, loss of turnover or profit, loss of customers, or moral prejudice.

ARTICLE 12. SANITARY REGULATIONS

12.1 In compliance with current health regulations, all establishments of the Domaines de Fontenille are committed, as part of their services and in accordance with their potential health protocol, to adhering to the various official rules and recommendations in effect.

12.2 Les Domaines de Fontenille is committed to implementing all possible measures to preserve and ensure the health and safety of its Clients and, more generally, all of its partners.

12.3 Furthermore, and in the event that a Client acts, directly or indirectly, on their own initiative or at the instigation of a third party, in violation of the health protocol established by the Establishments in the Internal Regulations and, more generally, in violation of all measures implemented by the Establishments to comply with applicable health rules, Les Domaines de Fontenille and the Establishments cannot be held liable for any direct or indirect damages and/or consequences of any nature resulting from such a violation towards the Client and towards third parties.

ARTICLE 13. PERSONAL DATA PROTECTION

13.1 Les Domaines de Fontenille and the Establishments are required to collect certain personal data from their Clients when the latter makes a Reservation or contacts the Establishment via the contact form. The data collected from Clients includes: title, last name(s), first name(s), postal address(es), phone number, email address, banking details, and possibly certain relevant health data (allergies, etc.). The data collected allows for the recording of reservations, the management of Client complaints, and communication of promotional offers. The legal basis for processing is the Contract and consent.

13.2 This data is processed automatically by Les Domaines de Fontenille acting as the Data Controller. The data collected is kept confidential and is intended for the exclusive use of Les Domaines de Fontenille. It may be transmitted exclusively for the purposes of achieving the objectives mentioned above to subcontractors, or to any administrative or judicial authority in order to comply with any legal obligation.

13.3 In accordance with applicable personal data protection regulations, the Customer has the right to access, rectify, erase, port, restrict processing of, and object to the processing of their data. 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 sending an email to the following email address contact@fontenillecollection.com. If its rights are not respected, the Customer may also lodge a complaint with the CNIL.

13.4 Data is retained in accordance with the personal data retention policy. For more information, the Client can consult the «P" section on the Website.Privacy Policy »at the bottom of the page.

ARTICLE 14. CONFIDENTIALITY

In addition to the privacy measures concerning personal data mentioned in the previous article, Les Domaines de Fontenille and the Establishments undertake to comply with the Privacy Policy available on the Website with respect to the Customer.

ARTICLE 15. INTELLECTUAL PROPERTY

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

15.2 Their reproduction, even partial, is strictly prohibited, except with prior express authorization from Domaines de Fontenille. Under the same conditions, their use is limited to strictly private use. Any use or reproduction, even partial, of any element of the portal site within a third-party site through so-called inclusion, framing, or any other similar process is strictly forbidden.

15.3 Any reproduction or other use constitutes infringement and is punishable as such under the Intellectual Property Code, unless prior express authorization is granted by Les Domaines de Fontenille.

ARTICLE 16. RIGHT TO IMAGE OF THE ESTABLISHMENT

16.1 The Client must obtain the Company's authorization for any use of its image, logos, and photos, and more generally, of all distinctive signs associated with it.

16.2 The Client undertakes to delete, upon simple request from the Establishment, any photograph, post, or report that would damage its image.

16.3 If the Client wishes to organize a photo or video shoot, they must first obtain the assignment of image rights from each third party appearing in the photographs or videos, and for each medium, in such a way that the Establishment can never be held liable.

ARTICLE 17. UNFORESEEN CIRCUMSTANCES

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

ARTICLE 18. FORCE MAJEURE

18.1 Force majeure means any event external to the Parties, having a caráter that is simultaneously unforeseeable, irresistible (insurmountable), and external to the Parties, which prevents either the Client or the Establishment from fulfilling all or part of their obligations under the Contract. Cases of force majeure or fortuitous events are those usually recognized by the case law of French courts.

18.2 By way of example, and without this list being exhaustive, the following would be considered cases of force majeure:

  • Climatic, meteorological, or natural phenomena resulting in consequences such as floods, earthquakes, tornadoes, hurricanes; ;
  • The fire at the Establishment ;
  • Pandemic or bacteriological phenomena that lead to the spread of a virus or a bacteriological risk circulating throughout the national territory, qualified as Stage 3, which would lead to the implementation of restrictive measures on the free movement of people as well as the closure of public access establishments.;
  • Terrorist or military events resulting in the implementation of restrictive measures on the free movement of people and the closure of public access establishments. ;
  • Staff strikes or unavailability.

18.3 By express agreement between the Parties, the following shall not constitute force majeure:

  • Illness or accident of the Client, as well as their spouse, ascendants, or descendants, except for the production of a medical certificate prohibiting any travel or stay in a hotel establishment; ;
  • The impossibility of reaching the place of stay due to a strike or demonstration; ;
  • The Client's failure to obtain a visa or residence permit, or the loss of their passport and/or other identity documents.

In all these hypotheses, the Client is invited to take out optional insurance.

18.4 Neither Party shall be held liable to the other Party for 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 Civil Code. The Party experiencing the event must immediately inform the other Party of its inability to perform its service and provide justification. The suspension of obligations may in no way be a cause for liability for non-performance of the obligation in question, nor may it lead to the payment of damages or late penalties.

18.5 The performance of the obligation shall be suspended for the entire duration of the force majeure event if it is temporary and does not exceed a period of seven (7) days. Consequently, as soon as the cause for the suspension of their reciprocal obligations ceases to exist, the Parties shall make every effort to resume normal performance of their contractual obligations as quickly as possible. To this end, the obstructed Party shall notify the other Party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the obstruction is definitive or exceeds a period of seven (7) days, the Reservation shall be outright terminated.

ARTICLE 19. COMPLAINT – CUSTOMER SERVICE

19.1 For any claims related to a Booking, the Customer may contact customer service by email at the Establishment's email address, directly via the Establishment's contact form on the Website, or by email at contact@fontenillecollection.com

19.2 The Customer may also contact customer service by mail at the address of the Establishments as well as at the following address:

The Fontenille Estates

9 Avenue de l'Opéra

75001 Paris, France

ARTICLE 20 – GOVERNING LAW – LANGUAGE

20.1 The General Terms and Conditions are drafted in French in their original version, which alone is authoritative and prevails over any other version.

20.2 These Terms and Conditions shall be governed by and construed in accordance with French law.

ARTICLE 21. DISPUTE

21.1 Common Provisions

21.1.1  In case of a dispute relating to these General Terms and Conditions, the Customer and Les Domaines de Fontenille will endeavor, as far as possible, to resolve their dispute amicably. The Customer must send a claim to Les Domaines de Fontenille in accordance with Article 19 of the General Terms and Conditions of Sale.

21.2 Applicable Provisions for Consumer Clients

21.2.1  If this amicable attempt fails, the Consumer Client may resort to a conventional mediation procedure, notably with the Consumer Mediation Commission (Article L.612-1 of the Consumer Code) or any other alternative dispute resolution method, and in particular by resorting, free of charge, within one year of their written complaint, to the competent consumer mediator, the Tourisme Voyage Mediator, at the following address:

MTV Travel Mediation

BP 80 303

75823 Paris Cedex.

For more information on the Tourism and Travel Mediator, the Client can consult its website: www.mtv.travel/.

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

21.2.3  In the event that this mediation fails, or if the Consumer Client does not wish to use it, the Consumer Client may submit the dispute to the competent courts.

21.3 | Business Customer Terms

All disputes that the Reservations and General Conditions may give rise to concerning their validity, interpretation, execution, termination, consequences, and any matters that could not be resolved between the Parties in accordance with Article 21.1 shall be submitted to the Paris Commercial Court.

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