General conditions of sale

AT THE AUNT'S HOUSE, Simplified joint stock company with a capital of 1,858 euros, whose head office is located at 49, rue de Ponthieu — 75008 PARIS registered with the PARIS Trade and Companies Register under number 894 073 576 - FR20894073576

Address: 4284 Rte des Crêtes, 74170 Saint-Gervais-les-Bains
Email address : contact@refuge-montdarbois.com
Web site: refu-montdarbois.com

Article 2 - Scope:

These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of accommodation, catering, and wellness services (“The Services”) offered by CHEZ LA TANTE (“The Provider”) to consumers and non-professional Customers (“The Customers or the Customer”) directly to consumers and non-professional Customers (“The Customers or the Customer”).

In particular, they specify the conditions for placing an order, payment and providing the Services ordered by Customers.

The main characteristics of the Services are presented on the Service Provider's website.

The Customer is required to read it before placing an order. The choice and purchase of a Service are the sole responsibility of the Customer.

These General Terms and Conditions of Sale are systematically communicated to any Customer prior to the conclusion of a contract for the provision of Services and will prevail, where appropriate, over any other version or any other contradictory document. They are accessible at any time on the website refuge-montdarbois.com

The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them before the conclusion of the contract for the provision of the Services. The validation of the order for Services by the Customer implies unrestricted and unreserved acceptance of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the day the contract is concluded.

Article 3 - Orders:

¹Introductory article of the Consumer Code.

The Customer selects the Services he wishes to order in terms of accommodation, catering, as well as well-being services.

3.1 - General provisions

Regarding the Accommodation Service, the Customer chooses the dates of stay, the number of people to be accommodated as well as the type of room desired. Additional services, such as breakfast, half-board packages, as well as treatments offered by the SPA, can be booked as an option.

Regarding the Catering Service, the Customer chooses a date, then a time slot from a list of availabilities presented, and indicates the number of people present during the meal. This request will then be submitted to the establishment in question, subject to its availability and without obligation of result. The Customer will then be notified of the progress of his request in advance. Additional options can be included, or privatization can be carried out upon prior request.

Regarding well-being services, the customer has the possibility, when booking, to make the request in order to benefit from a service, a request which will then be validated by the practitioners according to their availability. The Service Provider undertakes to transmit a validation or not of the Customer's order within a reasonable period of time. These terms and conditions do not apply to SPA reservations benefiting from specific terms and conditions in this respect.

The cancellation terms are specified and accessible from the website refuge-montdarbois.com, also from the SPA tab on the General Conditions of Sale of the Service Provider's partner brand.

In the event of the reservation of an ancillary Service such as catering services, or wellness services, any service not consumed by the Customer may not be subject to any reduction, will not be reimbursed and does not give rise to any right to any delay or compensation on the initial Service represented by the accommodation and its pricing. This validation implies the acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.

The registration of an order is made when the Customer accepts these General Terms and Conditions of Sale and validates the order.

It is the Customer's responsibility to check the accuracy of the order and to report any error immediately. Pre-contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.

3.2 - Special provisions

The Customer has the choice between two reservation formulas. He chooses either a flexible reservation system allowing him to benefit from a period of time to modify and cancel his order at no cost, as well as to benefit from a reduced deposit to make his reservation; or the non-cancellable and non-refundable reservation system with prepayment. The sale of Services will only be considered final after confirmation to the customer of the acceptance of the order by the Seller, by email, and after validation of the receipt of the deposit via the secure link sent.

The deposit is 100% of the total amount of the order at the time of booking for the non-cancellable and non-refundable reservation with prepayment; and 50% of the total amount of the order at the time of booking for the flexible reservation. The Customer then pays the balance of his reservation on site upon arrival.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

This deposit can in no way be qualified as a deposit.

Any changes or cancellations of the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided that they are notified in writing to the Seller.

When the Customer has booked his stay without a flexibility option, the order for Services is non-modifiable, non-cancellable and non-refundable.

Otherwise, when the Customer has opted for a so-called flexible reservation process, this period is reduced to FOURTEEN (14) days before the Customer's arrival.

Any cancellation, exclusively due to the Customer, within a period of less than FOURTEEN (14) days before the arrival scheduled by the Customer, will not be subject to any refund. The amount of the deposit will be retained in full by the Seller and the Customer must make the payment of 50% of the remaining price due.

3.3 - Provisions concerning the length of stay

No distinction is made between short and long stays. The same modification, refund and cancellation conditions apply.

3.4 - Provisions concerning group bookings

For group bookings, i.e. for FIVE (5) rooms and more, the Customer must make the reservation by email with the sales department at the address sarnould@beyondplaces.com, who will then send him a quote and the terms and conditions applicable to groups.

If necessary, these changes will result in the establishment of a new commercial proposal and a price adjustment.

In the event that these changes cannot be accepted by the Service Provider, the amounts paid by the Customer will be returned to him within a maximum period of FOURTEEN (14) days from the notification by the Seller of the impossibility of accepting the changes (unless the Customer prefers to benefit from a credit note).

The date of receipt - Paris time - of the cancellation request (by email, post) is the cancellation date.

In the event of cancellation of the order by the Customer, after its acceptance by the Seller under the conditions provided for above, for any reason except force majeure, the deposit paid with the order, as defined in the article “Payment Terms” of these General Conditions of Sale, will automatically be acquired by the Seller and cannot give rise to any refund.

In the event of interruption of the stay due to the customer, the full agreed price will be collected. In the case of reservations with prepayment, no refund will be granted as a result.

Article 4 - Rates:

The Services offered by the Service Provider are provided at the rates in force appearing on the Provider's website refuge-montdarbois.com and according to the estimate that it establishes, when the order is registered. Prices are expressed in Euros, HT and TTC.

The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the prices indicated on the billing date.

The prices indicated include only the services specifically mentioned in the reservation. The price mentioned in the reservation is increased by the cost of additional services provided by the hotel at the time of stay and, where applicable, by the tourist tax.

The rates take into account any discounts that would be granted by the Seller under the conditions specified on the website refuge-montdarbois.com. These rates are firm and cannot be revised during their period of validity, as indicated on the website refuge-montdarbois.com, the Seller reserving the right, outside this validity period, to modify the prices at any time. Only the price indicated in the booking confirmation by the Company is contractual.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer when the Services ordered are provided, or where applicable, at the end of the stay.

Any price reduction announcement must indicate the price charged by the Service Provider before the application of the price reduction, this previous price being defined as the lowest price charged by the Service Provider to all Customers during the last THIRTY (30) days preceding the application of the price reduction.

Article 5 - Payment terms:

The Services offered by the Service Provider are delivered to the Customer in exchange for a price.

Any sum paid in advance of the price is subject to interest at the legal rate at the end of a period of THREE (3) months from the date of payment and until the date of provision of the service (article L.214-2 of the Consumer Code).

At the time of booking, the Customer makes the payment directly and has the option of subscribing to various payment methods, depending on the reservation flexibility option taken out, a deposit will be taken from the Customer's bank card, entered at the time of booking.

If the latter has opted for the so-called flexible reservation, a deposit of 50% of the amount of the reservation will be taken from his bank card at the time of booking. The balance must be paid upon arrival of the Customer.

Otherwise, if the Customer has chosen to remain on the non-cancellable and non-changeable reservation system, a deposit of the full amount of his order will be taken from his bank card at the time of booking.

On the day of arrival, the Customer will be subject to a payment authorization in order to open an account for additional expenses that may be consumed during their stay, and relating to their room number.

The balance of the price is payable in cash, on the day the said Services are provided, under the conditions defined in the article “Provision of Services”. The following payment methods are used:

- By bank cards: CB, Visa, Mastercard, American Express bank cards;
- By bank transfer;
- By secure payment link;
- In cash in Euros, up to a limit of ONE THOUSAND (1000) Euros, in accordance with the legislation in force;

Payment by bank card is irrevocable.

Payment data is exchanged in encrypted mode using the 3-D Secure protocol.

Payments made by the Customer will only be considered final after effective receipt of the amounts due by the Seller.

In the event of late payment and payment of the amounts due by the Customer beyond the deadlines set out above, and after the date of payment appearing on the invoice sent to the latter, late penalties calculated at the current legal interest rate plus 10% of the amount including VAT of the amount including VAT of the price of the provision of the Services, will be acquired automatically and ipso jure from the Seller, without any formality or prior notice of default.

In addition, any late payment automatically leads to the application of a fixed compensation of FORTY (40) euros, without prejudice to late payment penalties. Late payment will result in the immediate payment of all amounts due by the Customer, without prejudice to any other action that the Seller may be entitled to bring, as such, against the Customer.

In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.

No additional costs, greater than the costs borne by the Seller for the use of a payment method, may be invoiced to the Customer.

Article 6 - Provision of services:

The Services ordered by the Customer, which include accommodation services, will be provided no later than the day of arrival on the site; concerning catering services as well as well-being services - which are not limitative - offered in addition and on quotation, will be provided no later than, on site on the day of departure of the Customer, under the conditions provided for in these General Conditions of Sale.

The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer within the framework of an obligation of means and within the deadlines specified above. However, these deadlines are provided for information purposes only.

If the Services ordered have not been provided within a period of FORTY-EIGHT (48) hours after the indicative date specified above, for any reason other than force majeure or the Customer's act, the Customer may notify the Service Provider, under the conditions provided for in article L.216-6 of the Consumer Code:

- Or the suspension of the payment of all or part of the price until the Service Provider complies, under the conditions of articles 1219 and 1220 of the Civil Code (exception of non-performance);

- Or the resolution of the sale, after giving notice to the Service Provider to execute within a reasonable additional period of time not respected by the Service Provider.

The resolution may be immediate if the Service Provider refuses to perform, if it is obvious that it will not be able to provide the Services or if the delivery deadline not respected was, for the Customer, an essential condition of the sale.

In the event of cancellation of the sale, the amounts paid by the Customer will then be returned to him at the latest within FOURTEEN (14) days following the date of termination of the contract, excluding any compensation or withholding, without prejudice to the possible allocation of damages in favor of the Customer.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, they are deemed to be in accordance with the order, in quantity and quality.

The Customer will have a period of FORTY-EIGHT (48) hours from the date of the provision of the Services to issue, in writing, such reservations or claims, with all the supporting documents relating to them, to the Service Provider.

It is recalled that the absence of reservations formulated by the Customer when providing the services does not exempt the seller from the guarantee of conformity, as described below.

Unless otherwise expressly provided, the customer must leave the room before 11.00 am on the day of the end of the stay. Otherwise, he will be charged for an additional night.

Article 7 - Responsibility of the Seller - Guarantees:

The Services offered for sale by the Seller comply with the regulations in force in France and have performances compatible with non-professional uses.

The Customer benefits automatically and without additional payment, from the legal guarantee of conformity and from the legal guarantee of hidden defects.

7.1. Legal guarantee of conformity

The Seller guarantees, in accordance with legal provisions and without additional payment, to the Customer against any lack of conformity of the Services ordered.

In the event of a lack of conformity, the Customer may require the bringing into conformity of the defective Services, the free provision of a new compliant Service or, failing that, a reduction in the price or the resolution of the sale, under legal conditions.

It may also suspend the payment of all or part of the price or the delivery of the benefit provided for in the contract until the Service Provider has satisfied its obligations under the legal guarantee of conformity, under the conditions of articles 1219 and 1220 of the Civil Code.

In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of the lack of conformity within a maximum period of FORTY (48) hours from the provision of the Services.

It is also the Customer's responsibility to request from the Service Provider the bringing defective Services into conformity or the free provision of a new compliant Service. The defective Service is brought into conformity within a period not exceeding THIRTY (30) days following the Customer's request.

If the requested compliance is impossible, or involves disproportionate costs under the conditions provided for in article L.217-12 of the Consumer Code, the Service Provider may refuse it.

If the conditions provided for in article L.217-12 of the Consumer Code are not met, the Customer may, after formal notice, continue with the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the Civil Code.

Finally, the Customer may require a price reduction or the resolution of the sale (unless the lack of conformity is minor) in the cases provided for in article L.217-14 of the Consumer Code.

When the lack of conformity is so serious that it justifies the reduction of the price or the immediate resolution of the sale, the Customer is then not required to first request the conformity of the defective Services or the provision of a new compliant Service free of charge.

The price reduction is proportional to the difference between the value of the Service provided and the value of this Service in the absence of the lack of conformity.

In the event of cancellation of the sale, the Customer is reimbursed the price paid no later than the following FOURTEEN (14) days, with the same payment method as that used by the Customer during payment, unless expressly agreed by the latter and in any event at no additional cost.

The preceding provisions are without prejudice to the possible award of damages to the Customer, in view of the damage suffered by the latter as a result of the lack of conformity.

7.2. Legal guarantee against hidden defects

The Service Provider is liable for hidden defects within the framework of the legal guarantee against hidden defects resulting from a design defect or the implementation of the Services ordered.

The Customer may decide to implement the guarantee against hidden defects in the Services in accordance with article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

7.3. Exclusion of warranties

The Seller cannot be considered responsible, nor as being in default in its obligations, for any delay or non-performance resulting from:

- The occurrence of a case of force majeure. Force majeure means “any event that is not linked to the parties and that is both unpredictable and insurmountable”, which prevents either the customer or the hotelier from performing all or part of the obligations contained in the contract. It is expressly agreed that the situation of force majeure suspends the performance by the parties of their mutual obligations and that each party will be required to pay the resulting costs.

- Non-compliance with the legislation of the country in which the Services are delivered, which it is the responsibility of the Customer to verify before placing an order;

In case of misuse, or in case of use for professional purposes;

Article 8 - Intellectual property:

The Service Provider remains the owner of all intellectual property rights on studies, drawings, designs, models, prototypes, etc., carried out — even at the request of the Customer — in order to provide the Services to the Customer.

The Customer therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, who may condition it to financial compensation.

Article 9 - Protection of personal data:

In application of law 78-17 of January 6, 1978 amended by law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and for the establishment of invoices, in particular. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the refuge-montdarbois.com website meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data and in particular the RGPD, as well as any other legislative or regulatory provision in force, as well as any other legislative or regulatory provision in force, the information system used ensuring optimal protection of this data.

The methods of collecting and processing personal data as well as the rights that Customers have over them can be consulted in the “Seller's Privacy Policy” section, which the Customer must consult and accept, in particular when placing an order.

In accordance with the national and European regulations in force, the Customer has a right of permanent access, modification, correction, opposition, portability and limitation of the processing of information concerning him.

This right can be exercised under the conditions and according to the modalities defined on the website refuge-montdarbois.com.

The Customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain compensation against the data controller or subcontractor, compensation before a civil or administrative jurisdiction or before the National Commission on Information Technology and Freedom of Canada.

Article 10 - Unforeseeability:

In the event of a change in circumstances unforeseeable at the time of 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 an excessively onerous risk of performance may request a renegotiation of the contract from its counterparty.

Article 11 - Force majeure:

The Parties cannot be held responsible if the non-performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code or exceptional health or climatic hazards independent of the will of the Parties. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party bears the burden of the resulting costs.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Therefore, as soon as the cause for the suspension of their mutual obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as soon as possible. For this purpose, the prevented Party will notify the other of the resumption of its obligation by registered letter with request for acknowledgement of receipt or any extrajudicial act. If the impediment is permanent or exceeds a period of 30 days, these terms and conditions will be purely and simply resolved according to the procedures defined in the article “Resolution for force majeure”.

During this suspension, the Parties agree that the costs generated by the situation will be divided by half.

Article 12 - Forced execution in kind:

By way of derogation from the provisions of Article 1121 of the Civil Code, the Parties agree that in the event of a breach by one or other of the Parties of its obligations, the Party affected by the default may not request its forced execution, subject to the public order provisions of Article L.217-12 of the Consumer Code.

The Party affected by the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request the resolution of the contract in accordance with the procedures defined in the article “Contract resolution”.

Article 13 - Contract resolution:

13.1. Contract resolution due to unforeseeability

The resolution for the impossibility of the performance of an obligation that has become excessively onerous may, notwithstanding the clause Resolution for failure by a party to its obligations set out below, take place only 15 days after the receipt of a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act.

13.2. Contract resolution due to force majeure

Notwithstanding the clause Resolution for breach of duty by a party in its obligations set out below, may not take place until 15 days after the receipt of a formal notice notified by registered letter with a request for acknowledgement of receipt or any extrajudicial act.

However, this notice must mention the intention to apply this clause.

13.3. Resolution for failure of a party to meet its obligations

In the event of non-compliance by one or other of the Parties with the obligations incumbent upon it respectively and referred to in this contract, it may be resolved at the option of the injured Party.

It is expressly understood that this resolution for breach by a party of its obligations will take place automatically FIFTEEN (15) days after the receipt of a formal notice to comply, which has remained, in whole or in part, without effect. The formal notice may be notified by registered letter with a request for acknowledgement of receipt or any extrajudicial act.

This formal notice must mention the intention to apply this clause

Article 14 - Provisions common to cases of resolution:

It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code.

In any event, the injured Party may seek damages in court.

Article 15 - Applicable law - Contract language:

These General Terms and Conditions of Sale and the resulting transactions between the Service Provider and the Customer are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.

Article 16 - Disputes:

All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions of Sale may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences and which could not have been resolved amicably between the Seller and the Customer, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any case use conventional mediation, in particular with the Consumer Mediation Commission as indicated in article L.612-1 of the Consumer Code, or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation for example) in the event of a dispute.

The contact details and procedures for contacting the mediator are as follows:

MTV MEDIATION TOURISM TRAVEL
CS 30958
75383 PARIS cedex 08
info@mtv.travel

If the dispute must be brought before the courts, it is recalled that pursuant to article L.141-5 of the Consumer Code: the consumer may, at his choice, in addition to one of the territorially competent courts under the Code of Civil Procedure, refer to the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 254/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

Article 17 - Pre-contractual information - Customer acceptance:

The Customer acknowledges having been informed by the Service Provider in a legible and understandable manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L.111-1 of the Consumer Code and in accordance with the provisions of article L.111-1 of the Consumer Code:

- On the essential characteristics of the Service allowing it to acquire them in full knowledge of the facts. The Customer is required to refer to the description of each Service in order to know its essential properties and particularities;
- On the price of the Services and ancillary costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to it and on the nature of this advantage;
- On the terms of payment, supply and execution of the contract;
- In the absence of immediate execution of the contract, on the date on which or the period within which the Service Provider undertakes to provide the Services ordered;
- On information relating to the identity of the Service Provider, to its postal, telephone and electronic contact details, and to its activities, if they do not appear from the context;
- Information relating to legal and contractual guarantees and their implementation procedures;
- On the existence and methods of implementing guarantees (the legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and, where applicable, on after-sales service;
- On the terms of termination and other important contractual conditions and, where applicable, on the costs of using remote communication technology, the existence of codes of good conduct and financial guarantees and guarantees;
- On the accepted methods of payment;
- On the possibility of using conventional mediation in the event of a dispute.

The fact that the Customer makes an immediate purchase or orders a Service implies acceptance and full acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who renounces, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.

Article 18 - Responsibility:

The Company declines all responsibility in the event of theft, loss or damage to objects belonging to customers during their stay.

The Customer will be held responsible for any damage, deterioration or act of vandalism that may occur during the occupation of the premises and/or due to the act or fault of the participants and/or the staff for which the Customer is responsible; to furniture, decorations and immovable property, whether or not they belong to the hotel.

Consequently, the Company is fully entitled to ask the Customer to leave the hotel without compensation and without reimbursement of the current stay, and to reimburse the damage caused by these acts.

GENERAL CONDITIONS OF SALE ON THE INTERNET — CONSUMERS

Article 1 — Designation of the Service Provider:

Address: 4284 Rte des Crêtes, 74170 Saint-Gervais-les-Bains
Email address : contact@refuge-montdarbois.com
Web site: refu-montdarbois.com

Article 2 — Scope of application of the General Terms and Conditions of Sale:

These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of accommodation, catering, and wellness services (“The Services”) offered by MONT D'ARBOIS EXPERIENCE, hereinafter referred to as “Les Chalets du Mont d'Arbois, Megève” (“The Seller”) to consumers and non-professional Customers (“The Seller”) to consumers and non-professional Customers (“The Customers or the Customer”) (Seller and Customer are also referred to as “The Parties” or “a Party”).) on its website refuge-montdarbois.com

In particular, they specify the conditions of use of the Seller's site, of placing an order, of payment and of providing the Services ordered by the Customers directly on the said site.

The main characteristics of the Services, bringing together all the substantial information required by applicable regulations, are presented on the website refuge-montdarbois.com

The Customer is required to read it before placing an order. The choice and purchase of a Service are the sole responsibility of the Customer; the same is true for any additional Additional Services booked on the website refuge-montdarbois.com

The General Terms and Conditions of Sale are systematically communicated to any Customer prior to the conclusion of a contract for the provision of Services and will prevail, where appropriate, over any other version or any other contradictory document. They are accessible at any time on the website refuge-montdarbois.com

These conditions apply to the exclusion of all other conditions, and in particular those applicable to other channels for marketing the Services.

They may be supplemented by special conditions, set out on the refuge-montdarbois.com website, before any transaction with the Customer.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the regulations in force, the Customer has, at any time, the right to access, rectify, rectify, oppose, delete and portability of all his personal data by writing, by mail and justifying his identity, to:

Mont d'Arbois Refuge

4284 Rte des Crêtes, 74170 Saint-Gervais-les-Bains

The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online order procedure as well as the general conditions of use of the website refuge-montdarbois.com. Validation of the order for Services by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.

These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the day the contract is concluded.

The Customer acknowledges having the required capacity to contract and acquire the Services offered on the website refuge-montdarbois.com

Article 3 - Orders:

The Customer selects on the site the Services he wishes to order in terms of accommodation, catering, as well as well-being services.

3.1 - General provisions

The Customer selects on the site, according to the following modalities, concerning the Accommodation Service: by booking on the website refuge-montdarbois.com by having chosen the dates of stay, the number of people to be accommodated as well as the type of room desired. Additional services, such as breakfast, half-board packages, as well as treatments offered by the SPA, can be booked as an option.

Likewise, the Seller offers an online reservation service via a dedicated site concerning catering. From the website, the Customer selects a date, then a time slot from a list of availabilities presented, and indicates the number of people present during the meal. This request will then be submitted to the establishment in question, subject to its availability and without obligation of result. The Customer will then be notified of the progress of his request in advance. Additional options can be included, or privatization can be carried out upon prior request.

Finally, the Seller offers an online pre-booking service for wellness services. You should go to the website refuge-montdarbois.com; and select the SPA tab. The Customer has the option of completing a pre-request form for a well-being service, which will then be validated by the practitioners according to their availability. The Seller undertakes to transmit a validation or not of the Customer's order within a reasonable period of time. These terms and conditions do not apply to SPA reservations benefiting from specific terms and conditions in this respect.

The cancellation terms are specified and accessible from the website refuge-montdarbois.com, also from the SPA tab on the General Conditions of Sale of the Service Provider's partner brand.

An order is registered on the Seller's site when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming acceptance (article 1127-2 of the Civil Code).

This validation implies the acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.

It is the Customer's responsibility to check the accuracy of the order and to report any error immediately.

Pre-contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.

3.2 - Special provisions

When booking on the refuge-montdarbois.com website, the Customer has the choice between two reservation formulas. He chooses either a flexible reservation system allowing him to benefit from a period of time to modify and cancel his order at no cost, as well as to benefit from a reduced deposit to make his reservation; or the non-cancellable and non-refundable reservation system with prepayment. The sale of Services will only be considered final after the confirmation of acceptance of the order by the Seller is sent to the Customer by email, and after validation of the receipt of the deposit via the secure link sent.

Any order placed on the website refuge-montdarbois.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

This deposit can in no way be qualified as a deposit.

Any changes or cancellations of the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the Seller.

When the Customer has booked his stay without a flexibility option, the order for Services is non-modifiable, non-cancellable and non-refundable.

Otherwise, when the Customer has opted for a so-called flexible reservation process, this period is reduced to FOURTEEN (14) days before the Customer's arrival.

Any cancellation, exclusively due to the Customer, within a period of less than FOURTEEN (14) days before the arrival scheduled by the Customer, will not be subject to any refund. The total amount of the reservation will be retained by the Seller.

3.3 - Provisions concerning the length of stay

No distinction is made between short and long stays. The same modification, refund and cancellation conditions apply.

3.4 - Provisions concerning group bookings

If necessary, these changes will result in the establishment of a new commercial proposal and a price adjustment.

In the event that these changes cannot be accepted by the Seller, the amounts paid by the Customer will be returned to him within a maximum period of FOURTEEN (14) days from the notification by the Seller of the impossibility of accepting the changes (unless the Customer prefers to benefit from a credit note).

The date of receipt — Paris time — of the cancellation request (by email, postal mail, telephone) is the cancellation date.

In the event of cancellation of the order by the Customer, after its acceptance by the Seller under the conditions provided for above, for any reason except force majeure, the deposit paid with the order, as defined in the article “Payment Terms” of these General Conditions of Sale will automatically be acquired by the Seller and cannot give rise to any refund.

In the event of interruption of the stay due to the customer, the full agreed price will be collected. In the case of reservations with prepayment, no refund will be granted as a result.

Article 4 - Rates:

The Services offered by the Seller are provided at the rates in force, as shown on the website refuge-montdarbois.com and according to the estimate established by the Seller, when the order is registered by the Seller. Prices are expressed in Euros, HT and TTC.

The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the prices indicated on the billing date.

The rates take into account any discounts that would be granted by the Seller under the conditions specified on the website refuge-montdarbois.com. These prices are firm and cannot be revised during their period of validity, as indicated on the website https://www.chalets-montdarbois.com/, the Seller reserving the right, outside this period of validity, to modify the prices at any time. Only the price indicated in the booking confirmation by the Company is contractual.

They do not include processing and management fees, which are invoiced in addition, under the conditions indicated on the refuge-montdarbois.com website and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer when the Services ordered are provided, or where applicable, at the end of the stay.

Article 5 - Payment terms:

The Services offered by the Seller are delivered to the Customer in exchange for a price.

At the time of booking, the Customer makes the payment directly online via a secure provider and a secure authentication method (3DS stripe), allowing him to proceed with the payment by bank card. A deposit will be taken from the bank card provided by the Customer.

Otherwise, if the Customer has chosen to remain on the classic reservation system, a deposit of the full amount of the order will be taken at the time of booking.

Depending on the reservation flexibility option taken out, a deposit will be taken from the Customer's bank account, entered at the time of booking.

This deposit can in no way be qualified as a deposit.

The balance of the price is payable in cash, on the day of the provision of said Services, under the conditions defined in the article “Provision of Services” below, by secure payment, according to the following terms:

- By bank cards: CB, Visa, Mastercard, American Express bank cards.

Payment by bank card is irrevocable.

Payment data is exchanged in encrypted mode using the 3-D Secure protocol.

Payments made by the Customer will only be considered final after effective receipt of the amounts due by the Seller.

No additional costs, greater than the costs borne by the Seller for the use of a payment method, may be invoiced to the Customer.

Article 6 - Provision of services:

The Services ordered by the Customer, which include accommodation services, will be provided no later than the day of arrival on the site; concerning catering services, as well as well-being services - not limitative - offered in addition and on quotation, will be provided no later than, on site on the day of departure of the Customer, under the conditions provided for in these General Conditions of Sale.

The Seller undertakes to make its best efforts to provide the Services ordered by the Customer within the framework of an obligation of means and within the deadlines specified above. However, these deadlines are provided for information purposes only.

If the Services ordered have not been provided within a period of FORTY-EIGHT hours (48 hours) after the indicative date specified above, for any reason other than force majeure or the Customer's act, the Customer may notify the Seller, under the conditions provided for in article L.216-6 of the Consumer Code:

- Or the suspension of payment of all or part of the price until the Seller complies, under the conditions of articles 1219 and 1220 of the Civil Code (exception of non-performance);

- Or the resolution of the sale, after giving notice to the Seller to execute within a reasonable additional period of time not respected by the Seller.

The resolution may be immediate if the Seller refuses to comply, if it is obvious that he will not be able to provide the Services or if the non-respected execution deadline was, for the Customer, an essential condition of the sale.

In the absence of reservations or claims expressly made by the Customer upon receipt of the Services, they are deemed to be in accordance with the order, in quantity and quality.

The Customer will have a period of FORTY-EIGHT (48) hours from the date of the provision of the Services to send, in writing, its reservations or claims, with all the supporting documents relating to them, to the Seller.

It is recalled that the absence of reservations formulated by the Customer when the Products are delivered does not exempt the Seller from the guarantee of conformity, as described below.

Unless otherwise expressly provided, the customer must leave the room before 11.00 am on the day of the end of the stay. Otherwise, he will be charged for an additional night.

Article 7 - Method of terminating the contract:

It is recalled that, in accordance with legal provisions, the termination of the contract electronically is possible when the contract was concluded electronically or, when on the day of termination the Seller offers Customers the possibility of concluding contracts electronically.

For this purpose, a free feature is made available to the Customer, allowing him to carry out, by electronic means, the notification and all the procedures necessary for the termination of the contract, which the Seller must acknowledge by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract ends and the effects of the termination.

Article 8 - Right of withdrawal:

In accordance with the provisions of article L 121-21-8 of the Consumer Code, the services offered on the Site by the Company are not subject to the application of the right of withdrawal provided for in articles L. 121-21 and following of the Consumer Code concerning distance sales.

Consequently, the services ordered on the Site are exclusively subject to the cancellation and modification conditions provided for in these Terms and Conditions and the Customer will not be able to invoke the right of withdrawal.

Article 9 - Responsibility of the Seller - Guarantees:

The Services offered for sale by the Seller comply with the regulations in force in France and have performances compatible with non-professional uses.

The Customer benefits automatically and without additional payment, from the legal guarantee of conformity and from the legal guarantee of hidden defects.

9.1. Legal guarantee of conformity

The Seller guarantees, in accordance with legal provisions and without additional payment, to the Customer against any lack of conformity of the Services ordered.

The Services provided through the Seller's refuge-montdarbois.com website comply with the regulations in force in France. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Customer, who is solely responsible for the choice of the Services requested, to verify.

It may also suspend the payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has satisfied its obligations under the legal guarantee of conformity, under the conditions of articles 1219 and 1220 of the Civil Code.

It is also the Customer's responsibility to request from the Seller the bringing into conformity of the defective Services or the free provision of a new compliant Service. The defective Service is brought into conformity within a period not exceeding THIRTY (30) days following the Customer's request.

If the requested compliance is impossible, or involves disproportionate costs under the conditions provided for in article L.217-12 of the Consumer Code, the Service Provider may refuse it. If the conditions of the above article are not met, the Customer may, after formal notice, continue with the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the Civil Code.

Finally, the Customer may require a price reduction, or the resolution of the sale (unless the lack of conformity is minor), in the cases provided for in article L.217-14 of the Consumer Code.

When the lack of conformity is so serious that it justifies the reduction of the price, or the immediate resolution of the sale, the Customer is then not required to first request the conformity of the defective Services or the provision of a new compliant Service free of charge.

The price reduction is proportional to the difference between the value of the Service provided and the value of this Service in the absence of the lack of conformity.

In the event of cancellation of the sale, the Customer is reimbursed the price paid no later than the following fourteen days, with the same means of payment as that used by the Customer during the payment, unless expressly agreed by the latter and in any event at no additional cost.

The preceding provisions are without prejudice to the possible award of damages to the Customer, in view of the damage suffered by the latter as a result of the lack of conformity.

9.2. Legal guarantee against hidden defects

The Seller is liable for hidden defects within the framework of the legal guarantee against hidden defects resulting from a design defect or the realization of the Services ordered.

9.3. Exclusion of warranties

The Seller cannot be considered responsible, nor as being in default in its obligations, for any delay or non-performance resulting from:

- Non-compliance with the legislation of the country in which the Services are delivered, which it is the responsibility of the Customer to verify before placing an order;

In case of misuse, or in case of use for professional purposes;

Article 10 - Protection of personal data:

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

This right can be exercised under the conditions and according to the modalities defined on the website refuge-montdarbois.com.

Article 11 - Intellectual property:

The content of the website refuge-montdarbois.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 12 - Unforeseeability:

Article 13 — Force majeure:

Article 14 - Applicable law - Language:

These General Terms and Conditions of Sale and the resulting transactions are governed by and subject to French law.

They are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.

Article 15 - Disputes:

The contact details and procedures for contacting the mediator are as follows:

MTV MEDIATION TOURISM TRAVEL
CS 30958
75383 PARIS cedex 08
info@mtv.travel

Article 16 - Pre-contractual information - Customer acceptance:

The Customer acknowledges having been informed, prior to the placing of his order and the conclusion of the sale, by the Seller, by the Seller, in a legible and understandable manner, by means of the provision of these General Conditions of Sale and in accordance with the provisions of article L.221-5 of the Consumer Code:

- On the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- On the price of the Services and ancillary costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to it and on the nature of this advantage;
- On the terms of payment, supply and execution of the contract;
- In the absence of immediate execution of the contract, on the date on which or the period within which the Service Provider undertakes to provide the Services ordered;
- On the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not appear from the context;
- On legal and contractual guarantees and their implementation methods;
- On the right of withdrawal (existence, condition, deadline, procedures for exercising this right and standard withdrawal form), the terms of termination and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and financial guarantees and guarantees;
- On the possibility of using conventional mediation in the event of a dispute.

The fact that the Customer orders on the website refuge-montdarbois.com implies full and complete acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who renounces, in particular, renouncing the right to rely on any contradictory document, which would be unenforceable against the Seller.

Article 17 - Responsibility

The Company declines all responsibility in the event of theft, loss or damage to objects belonging to customers during their stay.

The Company, in the online sales process, is only bound by an obligation of best efforts. It cannot be held responsible for damages resulting from the use of the Internet network, such as data loss, intrusion, virus, interruption of service or any other related and involuntary problems.