General terms and conditions of sale

General Terms and Conditions of Sale on the Internet

Article 1 - Designation of the Service Provider:

IL Y HOTEL LA ROSIERE SAS, a simplified joint stock company with share capital of €5,500,000.00, headquartered at 251 Avenue du Golf - Bâtiment Marbella - Domainede Massane - 34 670 BAILLARGUES, registered with the Registre du Commerce etdes Sociétés under no. 901 776 021 R.C.S. MONTPELLIER.

Telephone: 04.85.97.97.97

E-mail address: contact@ily-hotels-larosiere.com

Website: www.ily-hotels.com

‍‍

Article 2 - Scope of the General Terms and Conditions of Sale :

These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of accommodation, catering, spa services, sports activities and ski equipment rental ("The Services") offered by IL Y HOTEL LA ROSIERE SAS ("The Seller") to consumers and non-professional customers[1]("The Customer") (the Seller and the Customer being also referred to as "The Parties" or "a Party") on its website www.ily-hotels.com.

In particular, they specify the conditions for using the Vendor's site, placing orders, making payments and providing the Services ordered by Customers.

The main features of the Services, including all the substantial information required by the applicable regulations, are presented on the www.ily-hotels.com website.

The customer must take cognizance of these terms and conditions before placing any order. The choice and purchase of a Service are the sole responsibility of the Customer; the same applies to any additional Service booked on the www.ily-hotels.com website.

The General Terms and Conditions of Sale are systematically communicated to all Customers prior to the conclusion of a contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document. They are available at any time on the www.ily-hotels.com website.

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

They may be supplemented by special conditions, set out on the www.ily-hotels.com website, prior to any transaction with the customer.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with current regulations, customers have the right to access, rectify, object to, delete and port all their personal data at any time, by writing to :

IL Y HOTELS LA ROSIERE SAS

251 Avenue dugolf - Bâtiment Marbella - Domaine de Massane

34 670BAILLARGUES

The Customer declares that he/she has read and understood these General Terms and Conditions of Sale, and has accepted them by ticking the appropriate box before proceeding with the online order procedure, as well as the general terms and conditions of use of the www.ily-hotels.com website . Lavalidation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the day the contract is concluded.  

The Customer acknowledges having the capacity required to contract and acquire the Services offered on the www.ily-hotels.com website .

‍

Article 3 - Orders :

On the site, the customer selects the Services he or she wishes to order in terms of accommodation, sports activities and equipment rental, catering and wellness services.

The customer can choose between two different reservation options. He chooses either a flexible reservation system, allowing him to vary the time limits for modifying and cancelling his order, as well as the percentage of the deposit required for his reservation; or the classic reservation system, with a 10% reduction on the initial price.

If the customer remains on a classic route, the reservation is non-cancellable, non-refundable and non-changeable.

However, if the customer has opted for a flexible booking, the cancellation or modification deadline is FOURTEEN (14) days before the agreed arrival date, at no extra charge. From the THIRTEENTH (13) day before the arrival date, the Customer will be refused all cancellations and modifications.  

The above conditions vary according to the length of your stay.

The customer selects the accommodation service as follows: by booking on the www.ily-hotels.comenwebsite, having chosen the dates of stay, the number of people to be accommodated and the type of room required. Additional services, such as breakfast, half-board and spa treatments, can be booked as optional extras.

Similarly, when the Service reserved relates to sporting activities offered by the Vendor, the Customer selects whether he/she wishes to take advantage of sports equipment rental, in particular mountain and ski equipment, directly on the Internet site www.ily-hotels.com. They select the model, size and category within the limits of available stock. Subject to availability, the Vendor undertakes to supply, at the very least, equipment equivalent to that selected at the time of online booking.

The Vendor also offers an online restaurant reservation service. From the Internet site, customers can choose between several establishments. They select a date, then a time slot from a list of availabilities, and indicate the number of people attending the meal. Additional options can be included, or a price can be set on request.

Finally, the Seller offers an online reservation service for wellness services. Simply visit the www.ily-hotels.com website and select the SPA tab. The customer is then redirected to the online booking platform, which has its own General Terms and Conditions of Sale, in order to identify him/herself and choose the wellness service he/she would like to have, depending on the availability of practitioners.

In the event of a reservation for an ancillary service such as wellness activities, catering or skiing activities, any service not consumed by the customer will not be subject to any reduction or refund, and will not give rise to any deferral of, or compensation for, the initial service represented by the accommodation and its price.

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

The registration of an order on the Vendor's site is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his/her order. The Customer may check the details of his order, its total price and correct any errors before confirming his acceptance (article 1127-2 of the French Civil Code).

This validation implies acceptance of the entirety of the present 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 errors immediately.

The sale of the main Service, i.e. hosting, will only be considered definitive by the Service Provider once the deposit of 50% of the total amount of the order has been paid and cashed, if a flexibility option has been subscribed to, via a secure link. Otherwise, the order is not considered final until payment of the full order amount has been confirmed.

Under no circumstances may this deposit be considered as a down payment.

Any order placed on the www.ily-hotels.com website constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor 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.

Under no circumstances may this deposit be considered as a down payment.

Any modifications or cancellations of the order by the Customer will only be taken into account by the Vendor within the limits of its possibilities and on condition that the Customer notifies the Vendor by e-mail.

For group bookings, excluding professional groups, i.e. for FIVE (5) rooms or more, the customer chooses at the time of online booking whether to subscribe to a flexible cancellation, modification and refund option.

In this case, if the customer chooses the flexible offer, a deposit of 50% of the total amount will be deducted from the credit card provided at the time of booking. The customer may then modify or cancel the reservation up to 45 days before the arrival date, without incurring any charges. After this period, the reservation will revert to the initial system, without option, and will become non-cancellable, non-modifiable and non-refundable.

If necessary, these modifications will give rise to a new commercial proposal and a price adjustment.

In the event that these modifications cannot be accepted by the Vendor, the sums paid by the Customer will be refunded within a maximum period of FOURTEEN (14) days from the Vendor's notification of the impossibility of accepting the modifications (unless the Customer prefers to benefit from a credit note).

The date of receipt - Paris time - of the cancellation request (by e-mail, post or telephone) is the cancellation date.

In the event of cancellation of the order by the Customer after its acceptance by the Vendor under the conditions stipulated above, for any reason whatsoever other than force majeure, the deposit paid at the time of order, as defined in the article "Payment conditions" of the present General Terms and Conditions of Sale, shall be automatically forfeited to the Vendor and shall not give rise to any reimbursement whatsoever.

In the event of interruption of the stay by the customer, the full agreed price will be collected. In the case of pre-payment reservations, no refund will be made.

‍

Article 4 - Prices :

The Services offered by theSeller are provided at the prices in force, as shown on the internet site www.ily-hotels.com and according to the quotation drawn up by theSeller, when the order is registered by theSeller. Prices are expressed in Euros, exclusive of VAT.

Prices include the VAT applicable on the date of the order, and any change in the VAT rate will be automatically reflected in the prices indicated on the date of invoicing.

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

Prices include any discounts granted by the Seller under the conditions specified on the www.ily-hotels.com website.

These prices are firm and non-revisable during their period of validity, as indicated on the website www.ily-hotels.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. Only the price indicated in the Company's booking confirmation is contractual.

They do not include processing and administration costs, which are invoiced in addition, under the conditions indicated on the www.ily-hotels.cometwebsite and calculated before the order is placed.

The payment requested from the customer corresponds to the total amount of the purchase, including these charges.

An invoice is drawn up by theSeller and given to the Customer when the ordered Services are provided.

Any announcement of a price reduction must indicate the price charged by the Service Provider prior to the application of the price reduction, this prior price being defined as the lowest price charged by the Service Provider to all Customers during the last thirty days prior to the application of the price reduction.

‍

Article 5 - Terms of payment :

The Services offered by theSeller are delivered to the Customer in return for a price.

Any sum paid in advance of the price shall bear interest at the legal rate from the expiry of a period of three months from the date of payment until the date on which the service is provided (art. L.214-2 of the French Consumer Code).

At the time of booking, theCustomer has the option of choosing one of two booking paths.

If the customer remains on a "classic" course, the reservation is non-cancellable, non-refundable and non-changeable. The customer pays the full amount of the order at the time of booking.

However, if the customer has opted for a flexible booking, he pays a deposit of 50% of the total amount of his order at the time of booking, then the balance on arrival at the establishment.

For group bookings, i.e. for FIVE (5) rooms or more, excluding business groups, the customer chooses at the time of online booking whether to subscribe to a flexible cancellation, modification and refund option.

In this case, if the customer chooses the flexible offer, a deposit of 50% of the total amount will be deducted from the credit card provided at the time of booking. The customer may then modify or cancel the reservation up to 45 days before the arrival date, without incurring any charges. After this period, the reservation will revert to the initial system, without option, and will become non-cancellable, non-modifiable and non-refundable.

Under no circumstances may this deposit be considered as a down payment.

The balance of the price is payable in cash, on the day of provision of the said Services, under the conditions defined in the article "Provision of Services" below, by secure payment, in accordance with the following terms and conditions:

- By credit card: CB, Visa, Mastercard, American Express.

Payment by credit card is irrevocable.

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

Payments made by the Customer will not be considered final until the Seller has received the amounts due.

In the event of late payment and payment of sums due by the Customer after the above-mentioned deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal interest rate in force plus 10% of the amount (including VAT) of the price of the provision of the Services, will be automatically due and payable to the Vendor, without any formality or prior notice.

In addition, any delay in payment will automatically give rise to the application of a fixed indemnity of FORTY (40) euros, without prejudice to late payment penalties. Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may take against the Customer in this respect.

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

The Customer shall not be billed for any additional costs in excess of those incurred by the Vendor for the use of a payment method.

‍

Article 6 - Provision of services :

The Services ordered by the Customer, which include accommodation, catering, wellness services from the SPA, as well as sports activities and ski equipment rental - which are not exhaustive - offered in addition and on quotation, will be provided on site at the latest on the day of the Customer's arrival, under the conditions set out in these General Terms and Conditions of Sale.

The Vendor 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 timescales specified above. However, these timescales are given for information only.

If the Services ordered have not been provided within FORTY-EIGHT hours (48h) after the indicative date specified above, for any reason other than force majeure or the fault of the Customer, the latter may notify the Vendor, under the conditions provided for in Article L.216-6 of the French Consumer Code :

- or the suspension of payment of all or part of the price until the Seller performs, under the conditions of articles 1219 and 1220 of the French Civil Code (exception d'inexécution);

- Either the cancellation of the sale, after having given the Seller formal notice to perform within a reasonable additional period of time, which will not be respected by the Seller.

Cancellation may be immediate if the Vendor refuses to perform, if it is clear that he will be unable to supply the Services, or if the failure to meet the performance deadline was an essential condition of the sale for the Customer.

In the event of cancellation of the sale, the sums paid by the Customer will be returned to him at the latest within FOURTEEN (14) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction, without prejudice to the possible awarding of damages to the Customer.

In the absence of reservations or complaints expressly made by the Customer upon receipt of theServices, the latter are deemed to be in conformity with the order, in terms of quantity and quality.

The Customer shall have a period of FORTY-EIGHT (48h) hours from the provision of the Services in which to submit such reservations or claims, with all supporting documents, in writing to the Vendor.

It should be noted that the absence of reservations made by the Customer at the time of delivery of the Products does not exonerate the Vendor from the guarantee of conformity, as described below.

Unless otherwise expressly agreed, the customer must leave the room before 11.00 a.m. on the day of the end of the stay. Failure to do so will result in an additional night's charge.

‍

Article 7 - Contract termination :

It should be noted that, in accordance with legal provisions, termination of the contract by electronic means is possible when the contract has been concluded by electronic means or when, at the time of termination, the Seller offers Customers the possibility of concluding contracts by electronic means.

To this end, a free function is made available to the Customer, enabling him to carry out, by electronic means, the notification and all the steps necessary for the termination of the contract, which the Vendor must acknowledge by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract is terminated and the effects of the termination.

‍

Article 8 - Right of withdrawal :

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

Consequently, the services ordered on the Site are subject exclusively to the cancellation and modification conditions set out in these GTS, and the Customer may not invoke the right of withdrawal.

‍

Article 9 - Seller's liability - Warranties :

The Services offered for sale by the Vendor comply with the regulations in force in France and have performance levels compatible with non-professional use.

The customer is entitled to the legal guarantee of conformity and the legal guarantee of hidden defects without further payment.

‍

            9.1. Legal warranty of conformity

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

The Services provided via the www.ily-hotels.comduwebsite comply with the regulations in force in France. The Vendor cannot be held responsible for any failure to comply with the legislation of the country in which the Services are provided, which must be checked by the Customer, who is solely responsible for the choice of Services requested.

In the event of non-conformity, the Customer may demand that the defective Services be brought into conformity, that a new, conforming Service be supplied free of charge or, failing this, that the price be reduced or that the sale be rescinded, in accordance with the legal conditions.

He may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has fulfilled his 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 Vendor that the defective Services be made compliant or that a new, compliant Service be supplied free of charge. The defective Service will be brought into conformity within a period not exceeding thirty days following the Customer's request.

If the requested compliance is impossible or entails disproportionate costs under the conditions provided for in article L.217-12 of the French Consumer Code, theProvider may refuse to comply. If the conditions set out in article L.217-12 of the French Consumer Code are not met, the Customer may, after formal notice, pursue compulsory execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.

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

When the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request that the defective Services be made compliant or that a new, compliant Service be supplied 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 will be reimbursed for the price paid within the following FOURTEEN (14) days at the latest, using the same means of payment as that used by the Customer at the time of payment, unless the Customer expressly agrees otherwise and in any event without any additional charge.

The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the non-conformity.

‍

            9.2 Legal warranty against hidden defects

The Vendor is liable for hidden defects within the framework of the legal warranty against hidden defects arising from a design or manufacturing defect in the Services ordered.

The customer may decide to invoke the warranty against hidden defects in the Services in accordance with article 1641 of the French Civil Code; in this case, he may choose between the termination of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

‍

            9.3. Exclusion of warranties

The Seller shall not be held responsible or liable for any delay or non-performance:

- The occurrence of a case of force majeure, i.e. any event not related to the parties which is both unforeseeable and insurmountable, and 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 a situation of force majeure suspends the performance by the parties of their reciprocal obligations, and that each party will be required to pay the resulting expenses.

- Non-compliance with the legislation of the country in which the Services are delivered, which the Customer must check before placing the order;

- In the event of misuse or professional use.

‍

Article 10 - Protection of personal data :

In application of the French law 78-17 of January 6, 1978, modified by the law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer are necessary for the processingof his order and the establishment of invoices, in particular.

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

The processing of information communicated via the www.ily-hotels.com website complies with legal requirements regarding the protection of personal data, with the information system used ensuring optimum protection of such data and in particular the RGPD, as well as any other legislative or regulatory provisions in force, with the information system used ensuring optimum protection of such data.

The methods of collecting and processing personal data, as well as the rights that customers have with regard to such data, can be consulted in the "Seller's Privacy Policy" section, which customers must consult and accept, in particular when placing an order.

In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and delimitation of the processing of information concerning him/her.

This right may be exercised under the terms and conditions defined on the www.ily-hotels.com website.

If the customer finds that the General Data Protection Regulation has been infringed, he may appoint an association or organization mentioned in Article 43 ter of the 1978 French Data Protection Act, in order to obtain compensation from the controller or processor before a civil or administrative court or before the French Data Protection Commission.

‍

Article 11 - Intellectual property :

The content of the www.ily-hotels.com website is the property of theSeller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

‍

Article 12 - Anticipation :

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 13 - Force majeure :

The Parties shall not be held liable if the non-performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code, or to exceptional health or weather conditions beyond the control of the Parties. It is hereby expressly agreed that force majeure shall suspend the performance of the parties' mutual obligations, and that each party shall bear the costs arising therefrom.

‍

Article 14 - Applicable law - Language :

These General Terms and Conditions of Sale and any transactions arising from them are governed by and subject to French law.

They are written in French. Should they be translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

‍

Article 15 - Disputes :

All disputes arising out of or in connection with the purchase and sale transactions entered into in application of these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences and outcome, and which cannot be resolved amicably between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.

The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (article L.612-1 of the French 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:

The SAVOIE Mediation Center

Court and Mediation Center

200 AvenueMaréchal Leclerc

73 000Chambéry

Tel.04.79.62.74.13

If the dispute must be brought before the courts, we remind you that, in application of article L.141-5 of the French Consumer Code, the consumer may choose, in addition to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, the court of the place where he lived at the time the contract was concluded or at the time the harmful event occurred.

It should also be noted 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 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 Vendor, in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale and in accordance with the provisions of Article L.221-5 of the French 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 expenses or, if no price is paid, on any benefit provided instead of or in addition to the price, and on the nature of this benefit;

- Terms of payment, supply and performance 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 ordered Services;

- On the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not out of context;

- Legal and contractual warranties and how they apply;

- On the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures and other important contractual conditions and, where applicable, on the costs of using distance communication technology, the existence of codes of good conduct and deposits and financial guarantees;

- On the possibility of resorting to conventional mediation in the event of a dispute.

The fact that the Customer places an order on the www.ily-hotels.comemportewebsite implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Services ordered, which is expressly acknowledged by the Customer, who in particular waives the right to invoke any contradictory document that may be unenforceable against the Vendor.

‍

Article 17 - Liability

The company declines all responsibility for 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 as a result of occupying the premises and/or due to the act or fault of participants and/or staff for whom the Customer is responsible, to movable property, decorations and real estate, whether belonging to the hotel or not. 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 any damage caused by such acts.

In the online sales process, the Company is bound only by a best-efforts obligation. It cannot be held responsible for damage resulting from use of the Internet, such as loss of data, intrusion, viruses, interruption of service or any other related and involuntary problems.

[1]Article liminaire du Code de la consommation.

Direct Sales Terms and Conditions

Article 1 - Designation of the Service Provider:

IL Y HOTEL LA ROSIERE SAS, a simplified joint stock company with share capital of €5,500,000.00, headquartered at 251 Avenue du Golf - Bâtiment Marbella - Domainede Massane - 34 670 BAILLARGUES, registered with the Registre du Commerce etdes Sociétés under no. 901 776 021 R.C.S. MONTPELLIER.

Telephone: 04.85.97.97.97

E-mail address: contact@ily-hotels-larosiere.com

Website: www.ily-hotels.com

‍

Article 2 - Scope of application :

These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of accommodation, catering and spa services, as well as to the sports activities service and the rental of mountain and ski equipment ("The Services") offered by IL YHOTEL LA ROSIERE SAS ("The Provider") to consumers and non-professional customers[1] ("The Customer").

In particular, they specify the conditions for placing orders, making payments and providing the Services ordered by Customers.

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

The Customer is required to take cognizance of these terms and conditions before placing any 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 all customers prior to the conclusion of a contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document. They are available at any time on the www.ily-hotels.com website.

The Customer declares that he has read and accepted these General Terms and Conditions of Sale before entering into the contract for the provision of Services. Lavalidation of the Services order by the Customer implies acceptance without restriction or reservation of the present General Sales Conditions.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the day the contract is concluded.  

Article 3 - Orders :

The Customer indicates the Services he wishes to order in terms of accommodation, sports activities, rental of sports equipment and purchase of ski passes; as well as catering and wellness services including the SPA service, according to the following details:

With regard to the Accommodation Service, the Customer has the option of choosing between two different reservation methods. They can choose either a flexible booking system, allowing them to vary the time they need to change and cancel their order, as well as the percentage of the deposit required for their booking; or the classic booking system, with a 10% reduction on the initial price.

If the customer remains on a classic route, the reservation is non-cancellable, non-refundable and non-changeable.

However, if the customer has opted for a flexible booking, the cancellation or modification deadline is FOURTEEN (14) days before the agreed arrival date, at no extra charge. From the THIRTEENTH (13) day before the arrival date, the Customer will be refused all cancellations and modifications.  

The above conditions vary according to the length of your stay.

For group bookings, excluding professional groups, i.e. for FIVE (5) rooms or more, the customer chooses at the time of booking whether to subscribe to a flexible option concerning cancellation, modification and refund procedures.

In this case, if the customer chooses the flexible offer, a deposit of 50% of the total amount will be deducted from the credit card provided by the customer at the time of booking via a secure link, and the customer may then modify or cancel his stay up to FORTY-FIVE (45) days before the arrival date, free of charge. After this period, the reservation reverts to the initial system, without option, and becomes non-cancellable, non-modifiable and non-refundable.

Similarly, when the Service reserved relates to the sports activities offered by the Service Provider, i.e. the rental of sports equipment and the purchase of ski passes for the ski area, the following terms and conditions apply: the Customer can reserve sports equipment directly at the ski shop. Once there, he/she indicates the type of equipment and items he/she wishes to reserve, as well as its size and the number of days he/she wishes to use it. Subject to stock availability, the equipment is reserved.

In order to validate the reservation, the Service Provider requires a financial guarantee taken directly from the customer's bank card. This guarantee will be released once the borrowed equipment has been returned. Payment for the order is then added to the customer's room bill.

The correct use and return of sports equipment is governed by the ski shop's General Terms and Conditions of Sale.

The Service Provider also offers the purchase of ski passes for use in the hotel's ski area, bookable directly from the hotel reception desk. The Service Provider cannot be held responsible for existing conditions in the ski area or for any situation of any kind occurring in the ski area.

In the event of cancellation, if the package has not been used, a refund is possible.

The Customer indicates to the establishment concerned that he/she wishes to reserve a table; he/she indicates the day, time and number of people for whom the reservation is being made.

Finally, the Service Provider also offers a wellness service as follows: the Customer can book a wellness service from the Service Provider's SPA. Depending on the availability of the service, he/she indicates the type of treatment or service he/she wishes to book, and the day and time that suit him/her.

In the event of cancellation by the Customer within TWENTY-FOUR (24) hours of the agreed time slot, the Service Provider reserves the right to charge 50% of the booked service directly to the room invoice.

Similarly, in the event of cancellation within less than TWELVE (12) hours, the Service Provider will charge the full amount of the service booked on the Customer's room bill. No financial guarantee is required from the Customer in advance.

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

The main sale of the Service, i.e. hosting, will only be considered definitive by the Service Provider once the deposit of 50% of the total amount of the order has been paid and cashed, if a flexibility option has been subscribed. Otherwise, the order is considered final only after payment of the total order amount.

Other services will only be considered definitive after written confirmation from the person in charge of the booking, depending on the type of service.

Under no circumstances may this deposit be considered as a down payment.

For services for which an estimate has been drawn up in advance, the sale of Services will not be considered final until :

- The Service Provider draws up a quotation and sends the Customer confirmation of acceptance of the order by e-mail. Quotations drawn up by the Service Provider are valid for a period of SIXTY TWELVE (72) hours;

- After acceptance of the quotation, and subject to availability, a secure payment is sent to the customer by e-mail. This is valid for SEVEN (7) days;

Depending on whether the Customer has subscribed to a flexibility option, the sale of Service is confirmed following payment of an amount corresponding to 50% of the total order by the Customer via a secure link communicated by the Service Provider following acceptance of the quotation. On the other hand, if the option has not been subscribed to, the sale of Service is effective after payment of the total amount of the order via the same procedure.

IL Y HOTEL LA ROSIERE SAS, theProvider, reserves the right to cancel or refuse any order from aCustomer with whom there is a dispute relating to the payment of a previous order.

 Article 4 - Prices :

The Services offered by the Service Provider are provided at the current prices shown on the Service Provider's website and according to the quotation drawn up by the Service Provider when the order is placed by the Service Provider. Prices are expressed inEuros, excluding and including VAT.

These prices are firm and non-revisable during their period of validity, as indicated on the Service Provider's website. The Service Provider reserves the right to modify prices at any time outside this period of validity.

They do not include processing and administration costs, which are invoiced in addition, under the conditions indicated on the Service Provider's website and calculated before the order is placed.

The payment requested from the customer corresponds to the total amount of the purchase, including these charges.

Any announcement of a price reduction must indicate the price charged by the Service Provider prior to the application of the price reduction, this prior price being defined as the lowest price charged by the Service Provider to all Customers during the last thirty days prior to the application of the price reduction.

‍

Article 5 - Terms of payment :

The Services offered by theProvider are delivered to the Customer in return for a price.

Any deposit paid shall bear interest at the legal rate for a period of three months from the date of payment until the date on which the service is provided (article L.214-2 of the French Consumer Code).

At the time of booking, the customer has the option of subscribing to different payment methods.

Subscription to this option is subject to payment. Payment of the total amount of the order will be made via a secure link provided by the Service Provider at the time of booking.

If the customer does not subscribe to any additional options, the full amount of the order will be debited at the time of booking.

However, if the customer subscribes to the flexibility option, only 50% of the total amount of the order will be debited at the time of booking; the balance will be debited THIRTEEN (13) days before the scheduled arrival date.

For group bookings, i.e. for FIVE (5) rooms or more, a non-cancellable and non-refundable deposit of 50% of the total order amount will be required.

The balance of the price is payable in cash, on the day of provision of the said Services, under the conditions defined in the article "Provision of Services" below.

The following secure payment methods are used:

- By credit card: CB, Visa, Mastercard, American Express ;

- By bank transfer ;

- By secure payment link ;

- Cash in Euros ;

Payment by credit card is irrevocable.

Under no circumstances may this deposit be considered as a down payment.

The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has first been paid in accordance with the above conditions.

Payments made by the Customer will not be considered final until the Seller has received the amounts due.

In the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the current legal interest rate of 10% of the amount including VAT of the price of the provision of Services, will be automatically and by right acquired by the Service Provider, without any formality or prior notice.

In the event of late payment, all sums due by the Customer shall become immediately payable, without prejudice to any other action that the Service Provider may take against the Customer in this respect.

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

The Customer shall not be charged any additional fees in excess of the costs incurred by the Service Provider for the use of a payment method.

‍

Article 6 - Provision of services :

The Services ordered by the Customer, which include accommodation, catering, wellness services from the SPA, as well as sports activities, including the purchase of ski passes and the rental of mountain and ski equipment, will be provided during the Customer's stay at the resort. Once the Customer's order has been definitively validated, all services will be carried out in accordance with these General Terms and Conditions of Sale.

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

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

- or the suspension of payment of all or part of the price until the Service Provider performs, under the conditions of articles 1219 and 1220 of the French Civil Code (exception d'inexécution);

- Either the cancellation of the sale, after having given the Service Provider formal notice to perform within a reasonable additional period of time not respected by the Service Provider.

Cancellation may be immediate if the Service Provider refuses to perform, if it is clear that he will not be able to provide the Services or if the delivery deadline not met was, for the Customer, an essential condition of the sale.

In the event of cancellation of the sale, the sums paid by the Customer will be returned to him at the latest within FOURTEEN (14) days following the date of cancellation of the contract, without prejudice to the possible awarding of damages to the Customer.

In the absence of reservations or complaints expressly made by the Customer upon receipt of theServices, the latter are deemed to conform to the order, in terms of quantity and quality.

The Customer shall have a period of FORTY-EIGHT (48) hours from the provision of the Services in which to express such reservations or complaints in writing to the Service Provider, together with all relevant supporting documents.

It should be noted that the absence of any reservations expressed by the customer at the time of delivery of the services does not release the seller from the warranty of conformity, as described below.

Unless otherwise expressly agreed, the Customer must leave the room before 11.00 a.m. on the day of the end of the stay. Failure to do so will result in an additional night's charge.

‍

Article 7 - Seller's liability - Warranties :

The Service Provider will refund the Customer or rectify, as far as possible, as soon as possible and at its own expense, the Services whose lack of conformity has been duly proven by the Customer.

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or hidden defect.

            7.1. Legal warranty of conformity

The Service Provider undertakes to provide a Service that complies with the contractual description and any regulations applicable in France.

It is liable for any defects in conformity existing at the time the Services are provided.

In the event of non-conformity, the Customer may demand that the defective Services be brought into conformity, that a new, conforming Service be supplied free of charge or, failing this, that the price be reduced or that the sale be rescinded, in accordance with the legal conditions.

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

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

It is also the Customer's responsibility to request the Service Provider to bring defective Services into conformity or to supply a new, compliant Service free of charge. The defective Service will be 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 set out in Article L.217-12 of the French Consumer Code, the Service Provider may refuse it.

If the conditions set out in article L.217-12 of the French Consumer Code are not met, the customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.

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

When the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request that the defective Services be made compliant or that a new, compliant Service be supplied 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 will be reimbursed for the price paid within the following FOURTEEN (14) days at the latest, using the same means of payment as that used by the Customer at the time of payment, unless the Customer expressly agrees otherwise and in any event without any additional charge.

The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the non-conformity.

            7.2. Legal warranty against hidden defects

The Service Provider is liable for hidden defects under the legal warranty against hidden defects arising from a design or manufacturing defect in the Services ordered.

The customer may decide to invoke the warranty against hidden defects in the Services in accordance with article 1641 of the French Civil Code; in this case, he may choose between the termination of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

            7.3. Warranty exclusions

The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a case of force majeure or in the event of non-compliance with the legislation of the country in which the Services are provided, which must be verified by the Customer, who is solely responsible for the choice of Services requested.

‍

Article 8 - Intellectual property :

The Service Provider retains ownership of all intellectual property rights to studies, drawings, models, prototypes, etc., produced - even at the Customer's request - with a view to providing the Services to the Customer.

The Customer therefore undertakes not to reproduce or exploit the said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, which may be subject to financial consideration.

Ø Article 9 - Anticipation :

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.

However, if the change in circumstances unforeseeable at the time the contract was concluded is definitive or lasts for more than THREE (3) months, the present contract will be purely and simply terminated in accordance with the terms defined in the article "Termination for unforeseeability".

Article 10 - Enforcement :

Notwithstanding the provisions of article 1121 of the French Civil Code, the Parties agree that in the event of default by either Party on its obligations, the defaulting Party shall not be entitled to enforce such default, subject to the public policy provisions of article L.217-12 of the French Consumer Code.

In the event of non-performance of any of the obligations incumbent on the other Party, the Party that has been the victim of the default may request that the contract be rescinded in accordance with the procedures set out in the article entitled "Rescission of the contract".

‍

Article 11 - Exception of non-performance :

The Parties hereby expressly waive their right to avail themselves of the provisions of articles 1219 and 1220 of the French Civil Code (Codecivil) and of the exception for non-performance provided for therein.

Consequently, they undertake to fully and completely execute the present terms and conditions, even in the event of default by either of them.

However, if the impediment is definitive or persists for more than THIRTY (30) days from the date on which the impediment is acknowledged by registered letter with acknowledgement of receipt, the present contract will simply be terminated in accordance with the terms and conditions set out in the article Resolution for failure by a party to meet its obligations.

‍

Article 12 - Force majeure :

The Parties shall not be held liable if the non-performance of any of their obligations as described herein is due to forcemajeure, as defined in article 1218 of the French Civil Code, or to exceptional health or weather conditions beyond the control of the Parties.

The Party noting the event must immediately inform the other Party of its inability to perform its service, and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or penalties for delay.

Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed THIRTY (30) days. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, theParties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party 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 THIRTY (30) days, the present contract will be cancelled in accordance with the terms defined in the article "Cancellation for force majeure".

During this suspension, theParties agree that the costs generated by the situation will be shared equally.

‍

Article13 - Termination of the contract :

13.1 Contract resolution due to unforeseen circumstances

Termination for impossibility of performance of an obligation that has become excessively onerous may only take place FIFTEEN (15) days after receipt of a formal notice declaring the intention to apply the present clause, notified by registered letter with acknowledgement of receipt or any extrajudicial contact, notwithstanding the clause Termination for failure by a party to meet its obligations set out below.

            13.2 Termination of the contract due to force majeure

Termination by operation of law for force majeure, notwithstanding the clause Termination for failure by a party to meet its obligations set out below, may only take place FIFTEEN (15) days after receipt of a formal notice served by registered letter with acknowledgement of receipt or by any extrajudicial act.

However, such formal notice must state the intention to apply the present clause.

            13.3 Termination for breach of obligations by a party

In the event of either Party failing to comply with its respective obligations under this contract, the contract may be terminated at the discretion of the aggrieved Party.

It is expressly understood that this termination for failure by a party to meet its obligations will take place by operation of law FIFTEEN (15) days after receipt of a formal notice to perform, which has remained wholly or partly without effect. The formal notice may be served by registered letter with acknowledgement of receipt or by any extrajudicial contact.

This formal notice must contain the intention to apply the present clause.

‍

Article 14 - Provisions common to resolution cases :

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

In any event, the Partielésée may seek damages in court.

‍

Article 15 - Termination of the contract :

It should be noted that, in accordance with legal provisions, termination of the contract by electronic means is possible when the contract has been concluded by electronic means or when, at the time of termination, the Service Provider offers Customers the possibility of concluding contracts by electronic means.

The Service Provider must acknowledge receipt of this notification by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract is terminated and the effects of termination.

‍

Article 16 - Applicable law - Language of the contract :

These General Terms and Conditions of Sale and the transactions arising therefrom 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 of translation into one or more foreign languages, the French text shall prevail in the event of litigation.

Article 17 - Disputes :

All disputes arising from the provision of Services under these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences and consequences and which cannot be resolved amicably between theProvider and the Customer, shall be submitted to the competent courts under the conditions of common law.

The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, notably with the Commission de la médiation de la consommation (article L.612-1 of the French Consumer Code) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

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

The SAVOIE Mediation Center

Court and Mediation Center

200 AvenueMaréchal Leclerc

73 000Chambéry

Tel.04.79.62.74.13

If the dispute must be brought before the courts, we remind you that, in application of article L.141-5 of the French Consumer Code, the consumer may choose, in addition to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, the court of the place where he lived at the time the contract was concluded or at the time the harmful event occurred.

It should also be noted 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 18 - Pre-contractual information - Customer acceptance :

The Customer acknowledges having been informed by the Service Provider in a legible and comprehensible manner, by means of the provision of these General Terms and 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 French Consumer Code:

- On the essential characteristics of the Service enabling him to acquire them with 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 expenses or, if no price is paid, on any benefit provided instead of or in addition to the price, and on the nature of this benefit;

- Terms of payment, supply and performance 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 ordered Services;

- Information concerning the identity of the Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;

- Information on legal and contractual warranties and how they apply;

- On the existence and terms of warranties (legal warranty of conformity, warranty for hidden defects, any commercial warranties) and, where applicable, on after-sales service;

- Termination and other important contractual terms and conditions and, where applicable, the costs of using remote communication technology, the existence of codes of conduct and financial sureties and guarantees;

- Accepted means of payment;

- On the possibility of resorting to conventional mediation in the event of a dispute.

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

‍

Article 19 - Liability :

The company declines all responsibility for 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 as a result of occupying the premises and/or due to the act or fault of participants and/or staff for whom the Customer is responsible, to movable property, decorations and real estate, whether belonging to the hotel or not. 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 any damage caused by such acts.

[1]Article liminaire du Code de la consommation.