Terms & Conditions

Services

Version dated March 15, 2025

ARTICLE 1. DEFINITION

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

"Consumer Customer(s)". Guest: means any natural person who has reached the age of majority and has full legal capacity to enter into a commitment under these Terms and Conditions, for personal purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, who wishes to reserve fewer than four (4) rooms, organize an event or privatize part of the Premises.

"Professional Customer(s)" Customer: refers to any individual or legal entity with full legal capacity to enter into a contract and who purchases the Services for several people for exclusively professional purposes, as part of his or her commercial, industrial, craft, liberal or agricultural activity.

"Customer(s) means Consumer Customers and Professional Customers, whenever the provisions of the General Terms and Conditions shall apply irrespective of whether the Customer is a Consumer or a Professional.

"General Conditions These are the general terms and conditions of service of Les Établissements des Domaines de Fontenille.

"Special Conditions Reservation: refers to the specific conditions attached to the Reservation and agreed between the Parties at the time the Contract is concluded. 

"Tariff conditions Price: refers to all the prices of the Services offered by the Establishments to their Customers.

"Reservation Confirmation Reservation: means the document summarizing the details of the Reservation made by the Customer, sent via the website or transmitted by the Establishment directly to the Customer.

"Contract means the present General Terms and Conditions and the Special Terms and Conditions agreed between the Customer and Les Domaines de Fontenille or the Establishments.

"Establishment(s) Les Domaines de Fontenille: refers to the establishment(s) operated by the "Les Domaines de Fontenille" group: Domaine de Fontenille - Luberon

"Les Domaines de Fontenille Les Domaines de Fontenille: refers to the group controlled within the meaning of article L. 233-3 of the French Commercial Code by Les Domaines de Fontenille, a société par action simplifiée (simplified joint stock company) with capital of 94,626,400 euros, specializing in fund management, whose head office is located at Domaine de Fontenille - 84360 Lauris, registered with the Avignon Trade and Companies Registry under the unique identification number 798 361 184, whose unique VAT identification number is FR13798361184 and whose customer service department can be reached by e-mail at the following address contact@lesdomainesdefontenille.com.

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

"Privacy Policy means the document which sets out the commitments of Domaines de Fontenille with regard to the processing of confidential data, and in particular the personal data of Customers, within the framework of a Reservation, a stay or a contact form, and which is available on the website www.lesdomainesdefontenille.com.

"Internal regulations Rules of conduct: refers to the rules of conduct to be adopted by the Customer within the Establishments.

"Reservation Hosting and/or Complementary Services: refers to any request for Hosting and/or Complementary Services made by the Customer.

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

"Physical Reservations Reservation: designates the Reservation made by the Customer directly at the Establishment's reception desk with the Establishment's employees.

"Services Complementary Services and Hosting Services.

"Complementary Services The "Services": refers to the service(s) complementary to the Lodging Services, such as a request for breakfast, lunch or dinner, or a request for a spa reservation. This list is not exhaustive. Complementary services differ according to the Establishment chosen.

"Hosting Services Booking: 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 e-mail, by telephone or in person at the Establishments.

"Website designates the website accessible at domainedefontenille.com and published by Les Domaines de Fontenille, hosted by O2SWITCH, a simplified joint stock company, registered in the Clermont-Ferrand Trade and Companies Register under number 510 909 807, whose registered office is Chemin des Pardiaux, 63000 Clermont-Ferrand, France..

ARTICLE 2. PURPOSE AND GENERAL PRINCIPLES

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

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

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

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

2.5 The General Terms and Conditions are accessible at all times on the Domaines de Fontenille Website and shall prevail, where applicable, over any other version or contradictory document, unless modified in the Special Terms and Conditions.

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

2.7 The fact of not exercising, at any time, a prerogative recognized by the General Terms and Conditions or of not requiring the application of any of its stipulations may in no case be interpreted, either as a modification of the General Terms and Conditions, or as an express or tacit renunciation of the right to exercise the said prerogative in the future or of the right to require the scrupulous execution of the commitments entered into under the General Terms and Conditions.

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

2.9 Under the terms of article L 441-6 of the French Commercial Code, the General Terms and Conditions govern the relationship between the Establishment and Professional Customers making a Reservation for professional groups as part of their professional activity. No document issued by Professional Customers may be considered as contractual or applicable to the Reservation and to contracts unless expressly accepted by Domaines de Fontenille. In the event of contradiction or difference of interpretation between the General Terms and Conditions of Domaines de Fontenille and the general terms and conditions of purchase of Professional Customers, Domaines de Fontenille and Professional Customers agree that the present General Terms and Conditions shall prevail.

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

ARTICLE 3. PRE-CONTRACTUAL INFORMATION

The Customer acknowledges that, prior to making a Reservation and entering into the Contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions and also with the following information:

  • The essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
  • The price of Services and ancillary costs ;
  • In the absence of immediate execution of the contract, the date or time by which the Service Provider undertakes to provide the Services ordered;
  • Information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
  • Information on legal and contractual warranties and how to make use of 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 on the right of withdrawal, cancellation and other important contractual conditions;
  • Payment methods accepted.
ARTICLE 4. BOOKING SERVICES

4.1 Customers acknowledge that they have taken cognizance of the nature, purpose and reservation terms of the Services offered by the Establishments, and that they have requested and obtained the information necessary to make their Reservation with full knowledge of the facts. They are solely responsible for their choice of Services and their suitability for their needs, such that the Establishment cannot be held liable.

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

4.3 Reservations are registered when Customers accept the present General Terms and Conditions and the Special Terms and Conditions in their entirety.

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

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

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

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

4.8 In the case of Remote Reservations, the Facilities provide Customers with all the information they need to make their choice and proceed with their Reservation.

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

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

ARTICLE 5. PRICES

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

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

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

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

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

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

ARTICLE 6. PAYMENT

6.1 Provisions applicable to Professional Customers

6.1.1 Down payment

6.1.1.1 Except in the case of Special Conditions, in order to be registered, all Reservations must be accompanied by a deposit of 100% of the total amount of the Reservation, all taxes included, at the time the Reservation is made.

6.1.1.2 An invoice will be sent to the Customer within seven (7) days of leaving the Establishment.

6.1.2 Payment of balance

6.1.2.1 Unless otherwise stipulated in the Special Conditions, the balance of the Reservation as well as the Complementary Services (in particular with tourist taxes, breakfast, SPA) must be paid at the end of the stay and will be subject to additional invoicing.

6.1.2.2 For Professional Customers, in accordance with article L.441-6 of the French Commercial Code, a fixed indemnity of €40 will be payable in the absence of payment the day after the payment date shown on the invoice, as well as late payment penalties equal to three (3) times the current legal interest rate. The Establishment reserves the right to request additional compensation, on presentation of proof, if the collection costs actually incurred exceed this amount of €40.

6.2 Provisions applicable to consumer customers

6.2.1 Down payment

6.2.1.1  Except in the case of special conditions, for all Reservations, the Customer will be asked for his credit card payment details or will be sent a secure payment link to prepay 100% for the amount of the Reservation at the time of booking, excluding Complementary Services. The amount of the deposit may vary in the Special Conditions according to (i) the season and/or (ii) the location of the Establishment. This information will be communicated to the Customer prior to Reservation.

6.2.1.2 By express agreement, and in derogation of articles L.214-1 et seq. of the French Consumer Code, this sum corresponds to a deposit and not a down payment.

6.2.1.3 Except in cases of force majeure, Reservations cannot be cancelled or modified, as described in article 7 "Cancellation or modification" below.

6.2.1.4 The following credit cards are available for online payment: Visa, MasterCard, AmericanExpress, DinersClub, Jcb.

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

6.2.2 Payment of balance

6.2.2.1 If the provisions of article 6.2.1.1 in the Special Conditions are waived, the balance of the Reservation and the Additional Services are payable at the end of the Customer's stay by credit card or bank transfer. Cheques and vacation vouchers are not accepted by the Establishments.

6.2.2.2 Credit 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 show proof of identity and/or any information relating to the Customer's identity in order to prevent credit card fraud.

6.2.2.4  An invoice will be sent in electronic format to the e-mail address provided by the Customer. If the Customer wishes to receive an invoice in paper format, he/she must expressly request this from the Establishment.

6.3 Common provisions

6.3.1 The Establishment reserves the right to invoice any additional costs incurred as a result of a particular request or special circumstances or particular deterioration noted after the Customer's departure. An additional invoice may therefore be sent at a later date by the Establishment.

6.3.2 Payment for Additional Services requested individually by one or more participants and not included in the Reservation made by the Customer for the group, will be made directly by the participants concerned at the Establishment reception desk before their departure (individual payment).

6.3.3 In the absence of payment by one or more participants for Complementary Services in addition to the Services included in the Contract, the invoice will be sent to the Customer, who undertakes to pay it at the latest within thirty (30) days of the invoice date.

ARTICLE 7. MODIFICATION OR CANCELLATION

7.1 Cancellation or modification of the Reservation by the Customer

7.1.1 In the event of a "no show", i.e. a Reservation that has not been cancelled, but for which the Customer has not shown up at the Establishment on the reserved day, the Establishment reserves the right to contact the Customer by any means. If the Customer does not reply within 24 hours of the start date of the stay, or if the Customer replies in the negative, this is equivalent to cancellation of the Reservation by the Customer, implying release of the night(s) booked, and automatically entails payment of the total amount of the stay booked, i.e. all the nights and extras booked, without any right of reimbursement to the Customer.

7.1.2  In the event of interruption of the stay, the full price agreed at the time of booking will remain payable.

7.1.3  If you have taken out cancellation insurance, please refer to the terms and conditions of this contract.

7.1.4 In accordance with article L.221-28 of the French Consumer Code, the Consumer Customer does not have the right of withdrawal provided for in article L.221-18 of the French Consumer Code. of the French Consumer Code, given the nature of the Hosting Services provided, which are hosting services to be provided on a specific date or for a specific period of time, and the nature of the Complementary Services, which are the supply of clearly personalized goods and the supply of services which subject the Consumer Customer to an obligation to pay, and whose performance has begun with the Consumer Customer's prior and express agreement, and with the Consumer Customer's acknowledgement of the loss of his or her right of withdrawal.

7.1.5  Reservation modification, postponement and cancellation terms and conditions :

7.1.5.1 When making a Reservation, the Customer commits to a number of participants at the time the Contract is concluded. The Customer may partially modify the Reservation with regard to the number of participants in accordance with the terms and conditions specified below:

  • The number of participants may be modified, in writing and free of charge, downwards within a maximum margin of 10 % of the contracted quota up to 30 days (Working Days only) before the arrival date scheduled on the Booking. In this case, the Establishment will adjust the Contract amount accordingly.

  • In the event that the number of participants is modified downwards beyond 10% of the contracted quota up to 30 days (Working Days only) before the date of arrival scheduled at the time of the Reservation, the Establishment will only adapt the amount of the Contract within the limit of the adaptation that would have been made if 10% of the quota had been revised downwards.
  • In the event that the number of participants changes less than 30 days (working days only) before the arrival date specified in the Reservation, the Establishment shall be entitled to demand payment of the full amount of the Reservation.

7.1.5.2  When making a Reservation, the Customer commits to dates of stay at the time the Contract is concluded. The Customer may partially modify the Reservation with regard to the dates of the stay in accordance with the terms and conditions specified below:

  • The dates of stay may be modified, in writing and free of charge, up to 3 months before the arrival date specified in the Booking. The Parties may then agree on new dates, which must be within 6 months of the dates initially scheduled.
  • Should the Customer request a change to the dates of stay less than 3 months before the initially scheduled date of stay, the Establishment reserves the right not to accept the postponement, which will then be treated as a cancellation under the conditions set out in article 7.1.7.3 below. In the event that the Establishment accepts the postponement, the Parties may then agree on new dates, which must be within 6 months of the originally scheduled dates of stay, in which case the Establishment reserves the right to charge additional fees as a result of the postponement.

7.1.5.3  When the Contract is concluded, the Customer makes a firm commitment to the Reservation, and any cancellation thereof must be made in writing and subject to the terms and conditions set out below, unless otherwise specified in the Special Conditions. For all cancellations :

  • Between the conclusion of the Contract and 180 days before arrival: no invoicing of reserved Services.
  • Between 180 days and 120 days before arrival: 50 % of the amount of Services booked will be charged by the Establishment.
  • Between 120 days and 90 days before arrival: 75 % of the amount of Services booked will be billed by the Establishment.
  • Less than 90 days prior to arrival date: 100 % of the amount of Services booked will be invoiced by the Establishment.

7.2 Reservation cancellation or modification by the Establishment

7.2.1 Except in the event of force majeure and subject to the provisions below, the Establishment may not modify or cancel the Reservation.

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

  • Violation by the Customer of one of the clauses of the General Terms and Conditions or the Internal Regulations;
  • Judicial liquidation of the Professional Customer ;
  • Events likely to damage the image or reputation of the establishment.

7.2.3  In the event of cancellation of the Reservation due to the fault of the Customer, the latter will be liable, without prejudice to any damages and interest to which the Establishment may be entitled, for all sums due in application of the Reservation.

ARTICLE 8. PROVISION OF SERVICES

8.1 Provisions common to all Services

8.1.1 The Services reserved by the Customer, including the Hosting Services and/or the Additional Services, will be provided in accordance with the following terms and conditions, under the conditions set out in the General Terms and Conditions, as modified, where applicable, by the Special Terms and Conditions, and supplemented by the Pricing Terms and Conditions of which the Customer is aware and which he has accepted at the time of his Reservation.

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

8.1.3 Upon arrival, participants will be asked to present their physical identity documents to enable the Establishments to fulfill their obligation to present a police form. Photocopies or photographs of identity cards on any medium will not be accepted. In the event of non-presentation or absence of physical presentation of the identity card, the Establishments reserve the right not to provide all the Services booked by the Customer.

8.1.4 Except in the case of Special Conditions, the room will be made available to the Customer on the day of arrival, in accordance with the establishment's precise terms and conditions, which will be indicated on the Reservation Confirmation. As an indication, arrival is generally at 3 pm. On the day of departure, the Customer must vacate the room before 12 noon.

8.1.5 If the reserved room is vacated after the required check-out time, the customer may be charged an additional night's stay as a penalty according to the establishment's specific terms and conditions (e.g. 50% of the room rate up to 3:00 p.m. and 100% thereafter).

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 the 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 as long as they are kept on a leash or in a cage in the common areas of the Establishment. For more information on these conditions, customers are advised to contact the establishment directly. For the duration of the stay, the animal remains the sole responsibility of the Customer. Animals, with the exception of dogs, are not allowed in the dining rooms.

8.1.8 If the number of children under thirteen (13) exceeds 5, the Customer undertakes to employ a competent person to supervise the children throughout the stay and ensure their safety. The Customer must provide proof of this obligation to the Site.

8.2 Provisions specific to Complementary Services

8.2.1 Additional Services may be booked in advance via the Website, by e-mail or telephone, or directly on site. The Establishments cannot guarantee the availability of these Complementary Services.

8.2.2 It is specified that these Complementary Services do not constitute tourist packages with the Lodging Services. In any case, the Complementary Services are only optional and accessory to the Lodging Services and do not represent a significant part of the value of the combination of the two Services, nor do they constitute an essential characteristic of the combination, which precludes qualification as a tourist package.

ARTICLE 9. MOVING

9.1 In the event of an exceptional event or if it is impossible to make the reserved rooms available to the Customer, Les Domaines de Fontenille reserves the right to offer the Customer accommodation in an Establishment of an equivalent category, for services of the same nature and subject to having informed the Customer in advance.

9.2 Any additional costs associated with this relocation, for services of the same nature, will be borne by the Establishment originally booked. The Customer may also refuse the proposed accommodation and cancel the Reservation, in which case the deposit and any other payments made by the Customer will be reimbursed immediately.

ARTICLE 10. PROHIBITIONS AND CUSTOMER LIABILITY

10.1 The Customer must comply with the Establishment's Internal Regulations.

10.2 The Premises are non-smoking areas. The Customer will be held responsible for any direct and/or indirect, consequential damage resulting from the act of smoking or vaping in the Premises. The Customer will therefore be liable for the full cost of cleaning and restoring the damaged item or area to its original condition.

10.3 The Customer must not disrupt the operation of the Premises and/or jeopardize the safety of the Premises or persons therein, and more generally must not engage in any behavior contrary to public morality and order.

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

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

10.6 No food or beverages brought in from outside by the Customer and his participants will be admitted without prior authorization from the Establishment.

10.7 In the event of non-compliance with the Internal Regulations, and more specifically with all the obligations set out in this article, the Establishment will be obliged to ask the Customer to leave the Establishment, without any compensation and/or without any reimbursement if payment has already been made. If no payment has yet been made, the Customer must pay the full price of the stay (nights used plus nights reserved but not yet used) before leaving the Establishment.

10.8 All Customers who make a Reservation via the Internet will be asked to pay a deposit in the form of a credit card imprint. This imprint is a pre-authorization, which does not result in a debit to the Customer's account. This deposit will only be used at the end of the stay if compensation has to be withheld for any damage caused, or if on-site services remain unpaid. Use of this deposit does not preclude additional compensation in the event of costs exceeding the amount of the deposit.

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

10.10 The Customer will thus be liable, without this list being exhaustive, for payment of additional cleaning costs, reimbursement of the cost of broken or damaged objects and furniture, and payment of the price of the room in the event of unavailability of the room following damage caused by the Customer or its participants.

ARTICLE 11. RESPONSIBILITY OF THE ESTABLISHMENT

11.1 The customer is responsible for the safekeeping of the goods he has brought with him. In particular, he is invited to take out specific insurance cover for goods with a unit value in excess of €500.

11.2 The Customer is encouraged to inform the Establishment if he/she is in possession of valuable goods/objects, and will have the option of depositing all such goods/objects in the safe provided by the Establishment in the management office.

11.3 In the event of the disappearance of or damage to property belonging to the Customer in his or her hotel room, in the privatized room or in the Establishment's private parking lot, the Establishment's liability is limited and capped in accordance with articles 1953 and 1954 of the French Civil Code. For Business Customers, the liability of the Site is limited to the total amount received at the time of Reservation.

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

11.5 The Establishment may not be held liable for any fault or negligence on the part of the Customer. In particular, the following shall constitute fault or recklessness:

  • failure by the Customer to declare a valuable item to a member of the Establishment;

  • failure to deposit an asset/object of value in the Establishment's safe;

  • the presence of objects/goods in plain sight;

  • leaving objects/goods in common areas of the establishment;

  • inviting an unauthorized person to his or her room or to the establishment;

  • failure to lock the door to the room, private room or vehicle.

This list is not exhaustive.

11.6 The liability of Domaines de Fontenille is strictly limited to the compensation of direct and proven damages, to the exclusion of any indirect damage, which includes in particular any lost profit, loss, commercial prejudice, loss of sales or profit, loss of clientele or moral prejudice.

ARTICLE 12. HEALTH REGULATIONS

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

12.2 Les Domaines de Fontenille undertakes to use all possible means to preserve and ensure the health safety of its Customers and, more generally, of all its partners.

12.3 In addition, in the event that a Customer acts, directly or indirectly, on his own initiative or at the instigation of a third party, in violation of the sanitary 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 sanitary regulations, Les Domaines de Fontenille and the Establishments may not be held liable for direct or indirect damage and/or consequences of any kind resulting from such violation vis-à-vis the Customer and vis-à-vis third parties.

ARTICLE 13. PROTECTION OF PERSONAL DATA

13.1 Domaines de Fontenille and the Establishments are required to collect certain personal data from their Customers when the latter make a Reservation or contact the Establishment via the contact form. The data collected from Customers includes: title, surname(s), first name(s), postal address(es), telephone number, e-mail address, bank details and possibly certain relevant health data (allergies, etc.). The data collected is used to record bookings, manage customer complaints and communicate promotional offers. The legal basis for processing is the Contract and consent.

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

13.3 In accordance with applicable regulations on the protection of personal data, the Customer has a right of access, rectification, deletion, portability, limitation of data processing, and opposition. The Customer may exercise these rights by writing to the following postal address: Les Domaines de Fontenille, 9 avenue de l'Opéra, 75001 Paris, France or by e-mail at the following address contact@fontenillecollection.com. In the event of failure to respect his rights, the customer may also lodge a complaint with the CNIL.

13.4 Data is stored in accordance with the personal data retention policy. For further information, the Customer may consult the "PPrivacy Policy "at the bottom of the page.

ARTICLE 14. CONFIDENTIALITY

In addition to the confidentiality measures relating to personal data mentioned in the previous article, Les Domaines de Fontenille and the Establishments undertake to respect the Confidentiality Policy available on the Website vis-à-vis 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 by copyright and intellectual property rights.

15.2 Reproduction, even partial, is strictly forbidden without the prior and express authorization of Domaines de Fontenille. Under the same conditions, their use is limited to strictly private purposes. Any use or reproduction, even partial, of one of the elements of the portal site within a third-party site by means of inclusion processes, frames or any other process of a similar nature is strictly forbidden.

15.3 Any reproduction or other use constitutes an infringement and is punishable as such under the French Intellectual Property Code, unless expressly authorized by Les Domaines de Fontenille.

ARTICLE 16. RIGHT TO THE ESTABLISHMENT'S IMAGE

16.1 The Customer must request authorization from the Establishment for any use of the Customer's image, logos, photos and, more generally, any distinctive signs attached to the Customer.

16.2 The Customer undertakes to remove any photograph, post or report that may be detrimental to the Customer's image at the request of the Establishment.

16.3 If the Customer wishes to organize a photo or video report, he/she must first obtain the transfer of image rights held by 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 a change in circumstances unforeseeable at the time of conclusion of the Contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the Contract from its co-contractor.

ARTICLE 18. FORCE MAJEURE

18.1 Force majeure is defined as any event external to the Parties that is unforeseeable, irresistible (insurmountable) and external to the Parties, and which prevents either the Customer or the Establishment from fulfilling all or part of its obligations under the Agreement. Cases of force majeure or fortuitous events are those generally recognized by the jurisprudence of the French Courts and Tribunals.

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

  • Climatic, meteorological or natural phenomena leading to consequences such as floods, earthquakes, tornadoes, hurricanes ;
  • Establishment fire;
  • Pandemic or bacteriological phenomena leading to the spread of a virus or bacteriological risk circulating throughout the country, classified as stage 3, which would lead to the implementation of measures restricting the free movement of people and the closure of establishments receiving the public;
  • Terrorist or military acts resulting in the implementation of measures restricting the free movement of persons and the closure of establishments open to the public;
  • Staff strikes or unavailability.

18.3 By express agreement between the Parties, force majeure does not include :

  • Illness or accident of the Customer, his/her spouse, ascendants or descendants, unless a medical certificate is produced prohibiting any travel or stay in a hotel establishment;
  • The impossibility of reaching the place of stay due to a strike or demonstration;
  • The Customer's failure to obtain a visa or residence permit or the loss of his/her passport and/or other identity papers.

In all these cases, the customer is invited to take out optional insurance.

18.4 Each Party may not be held liable to the other Party in the event of non-performance or delay in performance of any of its obligations resulting from an event of force majeure, as described herein, within the meaning of article 1218 of the French Civil Code. The Party observing the event must immediately inform the other Party of its inability to perform and justify this to the latter. The suspension of obligations shall under no circumstances give rise to liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

18.5 Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed seven (7) days. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive or exceeds a duration of seven (7) days, the Reservation will be purely and simply cancelled.

ARTICLE 19. CLAIMS - CUSTOMER SERVICE

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

19.2 The Customer may also contact Customer Service by mail at the address of the Establishments and at the following address:

Les Domaines de Fontenille

9 avenue de l'Opéra

75001 Paris, France

ARTICLE 20 - APPLICABLE LAW - LANGUAGE

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

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

ARTICLE 21. DISPUTES

21.1 Common provisions

21.1.1  In the event of any dispute relating to these General Terms and Conditions, the Customer and Les Domaines de Fontenille will attempt to resolve the dispute amicably. The Customer must send a complaint to Les Domaines de Fontenille in accordance with Article 19 of the General Terms and Conditions of Sale.

21.2 Provisions applicable to Consumer Customers

21.2.1  If this amicable attempt fails, the Consumer Customer may have recourse to a conventional mediation procedure, in particular with the Commission de la médiation de la consommation (Article L.612-1 of the French Consumer Code) or any other alternative dispute resolution method, and in particular by having recourse, free of charge, within one year of his written complaint, to the competent consumer mediator, the Médiateur Tourisme Voyage, at the following address:

MTV Mediation Tourism Travel

BP 80 303

75823 Paris Cedex.

For more information on the Tourism and Travel Ombudsman, the Customer may consult his website: www.mtv.travel/.

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

21.2.3  If this mediation fails, or if the Consumer Customer does not wish to use it, the Consumer Customer may submit the dispute to the competent courts.

21.3 Provisions applicable to Professional Customers

All disputes to which the Reservations and the General Terms and Conditions may give rise concerning their validity, interpretation, performance, termination, consequences and consequences which cannot be resolved between the Parties in accordance with article 21.1 shall be submitted to the Commercial Court of Paris.