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Terms and Conditions of Sale

Effective date: 1 June 2024

The Customer is strongly advised to carefully read all of these general terms and conditions of sale, which apply to any booking of Services from SAS Domaines de Provence.

PREAMBLE

DOMAINES DE PROVENCE is a simplified joint stock company with capital of 250,000 euros, whose registered office is at Château de Berne, chemin des Imberts 83780 FLAYOSC, registered with the Draguignan Trade and Companies Register under SIREN number 817 472 954, and whose intra-community VAT number is FR78817472954 (hereinafter DOMAINES DE PROVENCE).

DOMAINE DE PROVENCE offers hotel services, bed and breakfast, cottages, as well as complementary services across various establishments: Château de Berne Chemin des Imberts, 83780 Flayosc, Château Saint Roux route de la Garde Freinet 83340 le Cannet-Des-Maures, La Bastide des Bertrands Route de la Garde Freinet, 83340 Le Cannet-des-Maures, The Abbey Hostelry (57 rue Claudius Camail, 83340 Le Thoronet) and the Etablissement Ultimate Provence (7270 route du Luc 83340 la Garde-Freinet) (all the establishments hereinafter referred to as «the Establishment(s)» and each establishment individually referred to as «the Establishment’)

The purpose of these General Conditions is to define the terms and conditions under which the establishments of DOMAINE DE PROVENCE (hereinafter referred to as «the Company») allow their customers (hereinafter referred to as «the Customer(s)») to benefit from all the services, particularly reservations, available on :

- each of the websites of the Company's Establishments, each of the websites being operated by the companies designated in the legal notice for each site, hereinafter referred to as «the Site(s)»; ;
- by telephone to the reservations department of each Establishment, whose contact details are given on each website, or to the Company's reservations department; ;
- by telephone to the reservations department of each establishment, whose contact details are given on each website; ;
– on-site at the reception of each Company Establishment; ;
– through agencies and partners selected by the Company's Establishments.

I. General Provisions

The Customer is invited to carefully read these General Terms and Conditions, the prior acceptance of which is mandatory for booking any service offered on the Site. Any Customer is advised to save and print these General Terms and Conditions using the standard features of their browser and computer. The Customer must also consult the terms and conditions of the selected rate, which are specific to each Establishment of the Company and to the selected rate, before validating their booking.
The General Terms and Conditions are supplemented by the «Legal Notices» of the Websites, by the «Privacy Policy» and by the «Cookie Management» available on the Website of the Company's Establishments.
For all other booking methods, the Customer will receive the General Terms and Conditions of Sale with confirmation of their booking. Confirmation of a booking implies acceptance of these Terms and Conditions and full and unreserved acceptance of their stipulations.
The Company, acting on its behalf, reserves the right to modify or supplement all or part of these General Terms and Conditions at any time. In this case, the new version of the General Terms and Conditions will be available on the Websites with its date of entry into force. Customers are advised to consult the General Terms and Conditions regularly to take note of any changes. In any event, the Customer will only be bound by the version of the General Terms and Conditions in force at the time the Customer books the service.
The Company is not liable for any damage of any kind that may result from these changes and/or from the temporary unavailability or permanent closure of all or part of the Site or the services associated with it, such as the online booking area, the private area or the unavailability of the booking service for the Company's Establishments.
The following information is displayed on the Websites:
• The legal notices enabling precise identification of the Company publishing the Site; ;
- The e-mail address and telephone number for contacting the Company's Establishments; ;
• The essential characteristics of the accommodation offered by the Company's Establishments; ;
- The essential characteristics of the additional and optional services proposed; ;
• These General Terms and Conditions.
On the booking engines of the Sites, the following information is displayed:
- Prices include all taxes; ;
• All additional charges applicable to the Services offered on the Sites. ;
- How the price is determined when it cannot be calculated in advance; ;
• The terms and conditions of the selected fare; ;
- The period of validity of bids and their price.
• Payment terms; ;
• These General Terms and Conditions.
Prior to booking, the Customer declares that this booking is made for his/her personal needs. The Customer, as a consumer, has specific rights, which would be called into question if the Services booked were not for personal use.
All the information provided on the Site(s) is presented in French and English.
The Customer declares that they have full legal capacity to commit to these General Terms and Conditions.

II. PURPOSE

These General Terms and Conditions define the rights and obligations of the Customer and the Company operating one of the Company's Establishments for all types of reservation (including remote reservations) of services offered by the Company's Establishments.
They govern all the steps necessary for booking and tracking the booking between the contracting parties.
The Customer acknowledges having read and accepted these General Terms and Conditions of Sale and the terms and conditions of the reserved rate.

III. DESCRIPTION OF SERVICES

The Company offers booking services for hotels, guest houses, gîtes, suites, chateaux, villas, bastide houses, or other types of accommodation (hereinafter «Accommodation Services»), and complementary services to the aforementioned accommodation services (hereinafter such as booking, catering, wellness and care services, etc. (hereinafter «Complementary Services», together with Accommodation Services hereinafter «Services»)), which may be provided by Establishments or external service providers partnered with the Company, offering Services within the Establishments (hereinafter «Partners»).
The Company reserves the right to modify or withdraw, at any time, all or part of the Services offered, and to change its Partners. The Company shall not be liable for damages of any kind that may result from any modification or withdrawal of the Services offered, and/or any change of Partners.

Accommodation services

The Company offers Accommodation Services, the main characteristics of which are specified on the Establishments' Internet Site, during the booking process, including but not limited to: the description of the Services and the Establishments, details of the room or suite, dates of availability, price, options offered, payment terms and conditions of sale applicable to the rate applied (cancellation conditions, arrival and departure times, number of people).
The specific conditions for reserving the Accommodation Service are detailed in the Tariff Sales Conditions. In addition, each of the Company's Establishments adopts its own internal regulations or room directory (hereinafter referred to as the «Compendium») detailing, in particular, check-in and check-out times, the cancellation period, access to WiFi, the specific conditions applicable to minors, and the conditions of non-admissibility or admissibility of animals, where applicable, in the rooms and/or communal areas of the Establishments. The Terms and Conditions of sale of the tariff are brought to the Customer's attention before any confirmation of reservation and validation of payment, and appear in the reservation summary. The Compendium is available in the rooms and at the reception of each establishment, and is sent to the Customer on request.
Minors may only stay at an Establishment if accompanied by an adult and in possession of personal identification. If the accompanying adult is not a legal guardian, they must present parental authorisation from the minor's legal guardian, along with a copy of the legal guardian's identification who issued the authorisation. Establishments reserve the right to request these documents and copies thereof at any time.
No minor may stay or move around the Facilities alone, or benefit from Complementary Services without the presence of an adult. The Customer chooses between the Accommodation Services according to his/her own needs; he/she is solely responsible for his/her choice and their suitability to his/her needs, such that the Company or the Facilities cannot be held liable in this respect.

Complementary Services

The Company also offers Complementary Services, the main features of which are specified on the Establishments' Internet Site, for each of the Establishments concerned, during the booking process, including but not limited to: a description of the Complementary Services, the times of the Complementary Services, the conditions for booking and accessing the Complementary Services, and the prices of the Complementary Services.
The Customer chooses between Additional Services based on their own needs; they are solely responsible for their choice and its suitability to their needs, such that the Company or the Establishments cannot be held liable in this regard.

Provider Services

The Company may also offer Additional Services provided by Service Providers, who have entered into a service provision agreement or partnership agreement with DOMAINES DE PROVENCE, and who offer their services within the Establishments (the «Service Provider Services»). The Client may book these Service Provider Services on the Establishments' website, by telephoning the reception of the relevant Establishments, using the contact form available on the Establishments' website and/or where applicable, on the website of the Service Provider to which reference is made on the Establishments' website, or via email exchanges. The specific terms and conditions for Service Provider Services are described on the Establishments' website, or on the Service Provider's website, to which reference is made on the Establishments' website.
The Customer chooses between the Services of the Providers according to his own needs; he is solely responsible for his choice and their suitability to his needs, such that the Company or the Establishments cannot be held liable in this respect.
Under no circumstances may the Company be held liable due to the quality, modification or deletion of a Service Provider or a change of Partners.

IV. RESERVATION

The Customer selects services from those offered by the Company's Establishments according to their needs.
The Customer acknowledges that he/she is aware of the nature, price, destination and booking conditions of the services available and that he/she has requested and obtained the necessary and/or additional information, in particular the Conditions of Sale for the fare booked, in order to make his/her booking with full knowledge of the facts.
The Customer may book, on an individual basis, a maximum number of rooms per reservation on the Sites. Please note that the maximum number of rooms that can be booked individually varies from one Establishment to another and is specified in the Compendium of each Establishment. To book a larger number of rooms, the Customer may: contact the sales team by sending an e-mail to the single contact person dedicated to the organisation of group events, whose contact details are given in the tab entitled «Receptions & Seminars» or «Reception and Seminar» depending on the Site of each Hotel, call this same single contact person or send a request for a quotation giving details of the services they wish to book.
The Customer chooses between the services on the basis of his/her own needs; he/she alone is responsible for his/her choice and for their suitability to his/her needs, such that the Company or the Establishments cannot be held liable in this respect.
The booking is deemed to have been accepted by the Customer at the end of the booking process.
All bookings are personal and cannot be transferred to a third party, whether free of charge or for a fee. Any booking made for another person must be made in the name of the third party who will be staying.

V. RESERVATION PROCESS

Booking Services :

Bookings made by the Customer are made directly online using the booking engine on the Site of each Establishment, by telephone to the contact details indicated on the Site of each Establishment, using the contact form available on the Site of each Establishment, with the Partners and/or on their websites or with partner travel agencies.
The booking request is confirmed as soon as the Customer receives the booking confirmation sent by one of the Company's Establishments.
The Client undertakes, prior to any booking, to complete the mandatory information requested when creating the booking file.
Failure to provide information identified as compulsory may result in the Company being unable to register a reservation or handle complaints. The Customer attests to the truthfulness and accuracy of the information provided during the booking process.
The booking procedure includes the following steps:
• Step 1 – Search for an Establishment among the Company's different Establishments or directly on the Website of the relevant Establishment, select the room type and the terms and conditions of the reserved rate,
- Step 2 - Selection, where applicable, of one or more of the Complementary Services on offer,
- Stage 3 - Presentation of a summary of the booking, its total price, any additional charges and taxes, the Terms and Conditions of Sale for the rate booked, which include in particular the terms of payment and cancellation conditions, changes if necessary to the choice of services (date, room, rate, additional service), and information concerning tourist tax, service charges, charges for payment by credit card and the employee contribution,
• Step 4 – Client’s provision of contact details,
• Step 5 – General Terms and Conditions and Privacy Policy:
On the Site, by ticking the box, the Customer confirms that he/she has read and accepts these General Terms and Conditions of Sale, the Terms and Conditions of Sale for the fare booked and the Privacy Policy before definitively confirming his/her booking; no booking is possible without this agreement.
For all other booking methods, the Customer will receive the General Terms and Conditions of Sale with their booking confirmation. The booking confirmation implies adhesion to these General Terms and Conditions of Sale and full and unreserved acceptance of their provisions.
- Stage 6 - Finalisation of the reservation or Services by the Customer, with communication of the means of payment,
- Step 7 - Redirection to the Lyra payment service provider's website and communication of credit card numbers in the event of a guarantee or prepayment request,
- Stage 8 - Confirmation and validation of the booking and payment by the Customer. Entering the bank details constitutes acceptance by the Customer and has the effect of contractually binding the Customer to the Company Establishment selected.
• Step 9 – The Customer receives an email confirming their booking along with a payment ticket. This email summarises the booking date, the services booked, the prices including VAT with a breakdown of applicable taxes and additional fees, the sales terms and conditions for the booked rate (including cancellation terms) which have been accepted by the Customer, the General terms and conditions of sale, as well as the address of the Establishment booked. The Customer is invited to keep their payment ticket, and all related emails.
If the confirmation email or payment ticket is not received within 24 hours of booking, the Client must contact the Company Establishment selected to check the information provided and ensure the reservation has been processed.

Booking Partner Services:

Partner Services can be booked directly with each Partner, in accordance with the conditions detailed on the Site of the Establishments or on the website of the Partner referred to on the Site of the Establishments concerned.
The Company and the Establishments where the Partner Service is carried out remain third parties to the existing contractual relationship between the Customer and the Partner.

Bookings through partner travel agents of the Company:

The booking of Services may be made through travel agencies partnered with the Company, which will contact the relevant Establishment directly. The travel agency will communicate to the relevant Establishment the necessary information for the booking process described in the articles above. The relevant Establishment will send a payment link to the partner travel agency and/or the Client, as the case may be, to validate and confirm the booking.
The Company may not, under any circumstances, be held liable in the event of an error by the travel agency in the booking.

VI. CANCELLATION OR AMENDMENT

On the Customer's initiative :

The Customer is reminded, in accordance with Article L. 221-28, 12° of the French Consumer Code, that they do not have the right of withdrawal provided for in Article L. 221-18 of the French Consumer Code.
The Conditions of Sale for the fare booked and accepted by the Customer specify the terms and conditions for cancelling and/or modifying the booking. Bookings with prepayment for a non-refundable and non-cancellable fare cannot be modified and/or cancelled.
Any interruption of stay, in the case of a prepaid booking with a non-refundable and non-cancellable rate, will not result in any reimbursement.
Where permitted by the conditions of sale of the reserved fare:
• Cancellations of bookings made via the Website can be made directly on the Website through the «Booking» section, or with the selected Establishment. Bookings made via the Website for one of the Establishments can only be cancelled directly with that Establishment.
• Booking modifications can be made directly with the selected Company Establishment, the telephone number for which is provided in the confirmation email received by the Client.
- In the event of a no-show, i.e. in the event of a reservation that has not been cancelled but for which the Customer has not shown up at the Company's Establishment on the reserved day, and insofar as the reservation has been guaranteed by credit card or prepaid, the reserved Establishment will debit, by way of compensation, the sum of one night reserved, or will not reimburse the sum paid by way of prepayment in accordance with article 1590 of the Civil Code. If more than one night is booked, the cancellation conditions will apply in accordance with the Conditions of Sale for the rate booked.

In the event of cancellation within the period and under the conditions specified on the booking summary and in the Fare Sales Conditions, the price of the Service may be refunded in full to the Customer.
If a Service is interrupted by the Customer during the Service, no reimbursement or compensation will be made for the part of the Service not carried out due to the interruption requested by the Customer.

At the initiative of one of the establishments :

In the event of an exceptional event or the impossibility of making the type of room reserved available to the Customer, or in the event of force majeure, the Company's Establishment reserved may offer the Customer an accommodation solution in an Establishment of at least an equivalent category or, if it is of a lower category, a room of a higher standard than that originally reserved, for services of the same nature. If the Customer does not accept the proposed alternative solution, he/she is free to request cancellation of the Service booked, in return for reimbursement of all sums paid by the Customer for the booking of the cancelled Service.

VII. COMMITMENTS AND RESPONSIBILITIES OF THE CUSTOMER

Any person staying at the Establishment must be able to present valid identification upon check-in. Failure to do so may result in the Company's Establishment refusing to rent a room to them and/or cancelling their reservation without the possibility, where applicable, of a refund.
Foreign customers, including accompanying adults and teenagers aged over 15, will be required to complete an «individual police form». Children under the age of 15 may appear on the card of an accompanying adult. The information contained in these forms is governed by articles R.814-1 to R.814-3 of the Code de l'entrée et du séjour des étrangers et du droit d'asile.
The customer may not bring third parties into the room without the express authorisation of the Company's Establishment, which reserves the right to carry out all necessary checks and to charge any supplements.
We welcome dogs provided that they are kept on a lead in all common areas of the establishment, it being specified that the Company's Establishment may refuse to accept any pet or other animal likely to present a safety risk for other occupants, the assessment of this risk being left to the discretion of the Company's Establishments. For reasons of hygiene, animals are not allowed in the restaurant areas or near the swimming pools, fitness areas, spa and wellness areas (these provisions do not apply to guide or assistance dogs). To ensure everyone's peace and quiet, pets must not be left unattended. You may be charged an additional fee per animal. Please refer to the specific conditions of each establishment on the Site for details of acceptance.
The Company's Establishments reserve the right not to accept or to expel, without refund, Customers whose dress is indecent or negligent, whose dress is intended to conceal the face (Law N°2010-1192 of 11 October 2010), Customers whose behaviour is noisy, improper or alcoholic, Customers whose behaviour is contrary to hygiene, good morals or public order. Correct dress is required in the restaurants and in the public areas of each Establishment.
The Customer shall be courteous and respectful towards the staff of each Establishment. Customers must refrain from any verbal or physical violence, any racist behaviour or remarks or any form of harassment, failing which they will be excluded without refund.
The Customer agrees not to use the IT resources made available to him/her within the Establishments (in particular the Wifi Internet network) for the purpose of infringing the applicable regulations.
To respect the privacy and image rights of other customers of a Company Establishment, the Customer is prohibited from taking photographs of them within the premises of the Establishment or its outbuildings and/or publishing photographs taken under such conditions.
The Client agrees to use the room and common areas provided in a reasonable manner. Any damage caused by the Client or by persons in their charge, whether in the room or in the various areas occupied by them during their stay, must be reported to the Establishment's reception and may be directly invoiced to the Client for the cost of repair.
For safety reasons and out of respect for everyone, it is strictly forbidden to smoke inside the establishment. In accordance with the provisions of the French Public Health Code setting out the conditions for the application of the ban on smoking in places designated for collective use, smoking in the Establishment exposes the customer to the fine provided for third-class offences or to legal proceedings.
Customers could face a penalty of up to €2,000 if they fail to comply with the no-smoking sign in their room.
Unless expressly agreed otherwise, the Customer must leave the room before 11.00 a.m. on the day the reservation ends. Failure to do so will result in an additional night being charged.
Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the order at the Customer's expense, without prejudice to any civil or criminal action against one of the Company's Establishments.

VIII. THE COMPANY'S ESTABLISHMENTS' COMMITMENTS AND RESPONSIBILITIES

The Company's Establishments are held to the warranty of conformity of the Services, under the conditions of articles L. 217-1 et seq. of the Consumer Code.
The Company undertakes, as part of a best-efforts obligation, to provide access to the Establishments and Services offered in compliance with these General Terms and Conditions, and to act with due care and skill and make every reasonable effort to remedy any disruption or malfunction brought to its attention.
The Company's Establishments may, however, be obliged to temporarily suspend the Service without prior notice, particularly for technical maintenance or security reasons, without this entailing its liability.
In the exceptional context of a health or other crisis, should restrictive measures or even prohibitions on the use of certain public access spaces be implemented by the competent administrative authorities, the Client is informed that the Company and the Facilities concerned may restrict, partially or totally, access to certain Services or areas within the Facilities, without the Company's liability being sought. In such circumstances, the Company undertakes to inform the Client, as soon as possible, of the restrictions implemented and their impact on the reserved Service. The Client will not be entitled to any compensation in such circumstances.
The Client acknowledges and accepts that the Company cannot be held liable for any inconvenience or damage linked to the use of the Internet network, including, but not limited to:

  • Poor transmission and/or reception of any data and/or information on the Internet; ;
  • The failure of any receiving equipment or communication lines; and
  • Any malfunction of the Internet network preventing the Site from functioning properly.

The Establishment's websites may link to hypertext links to other websites published and managed by Partners, for which the Company disclaims all responsibility regarding the content of these websites and the services offered therein. In this regard, it is specified that the Partners are responsible for promoting the offers published on their own websites. The decision to consult third-party websites is therefore the sole and complete responsibility of the Customer.
In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements comprising the Company's offers present on the Site(s) are strictly prohibited, as is any reproduction of the decor and/or characteristic elements of the Company's Establishments.
The photographs shown on the Site(s) are not contractual. Whilst every effort is made to ensure that the photographs, graphical representations and texts reproduced to illustrate the Company's Establishments presented give as accurate an overview as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture, renovations, or climatic phenomena. The Customer cannot make any claim on this basis.

IX. PRICE AND PAYMENT

Price

The prices for booking the services are provided before, during and after the booking.
Prices quoted are per room / suite / villa for the number of person(s) and date(s) selected. Unless otherwise stated, additional services (breakfast, half board, full board, etc.) are not included in the price. When the Customer's booking is confirmed, the total cost of the services booked will be indicated.
Prices include VAT applicable on the day of booking and any change in the VAT rate will be automatically reflected in the prices indicated on the invoice date.
All additional charges applicable to the selected rate and their calculation method are explicitly communicated before and at the time of booking. These include the tourist tax, staff contribution, service charges, and credit card processing fees where applicable according to the rate's Terms and Conditions.
Prices are confirmed to the Customer inclusive of all taxes (TTC), in the Establishment's trading currency (the Euro). The prices communicated are only valid for a limited period. All reservations are payable in the Establishment's local currency.
If a rate implies that payment must be made directly to the Establishment in a currency other than the one confirmed on the booking, any exchange rate costs (conversion and bank charges) shall be borne by the Customer. Please note that if a conversion of the currency confirmed on the booking into another currency appears, it is for information purposes only and is not contractual, particularly given the potential fluctuation in exchange rates between the booking date and the stay at the Establishment.
The tourist tax, and any other municipality-specific tax indicated for each rate, is to be paid directly on-site to the Establishment, except in the case of online prepayment where this amount may be included.
Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of invoicing. These taxes will be communicated to the Customer at the time of booking, if they are known to the Establishment at that time. Failing this, they will be displayed in the reception area of the Company's establishment booked. The Customer undertakes to pay the various taxes, without any dispute, to the reserved Establishment.
The Company's Establishments guarantee that their best rates are offered on the Websites. If, after booking an Establishment of the Company on the Websites, the Customer finds within 24 hours of their booking a comparable offer for the same date(s), at a lower rate for the same Establishment, the same number of people and the same type of room, with the same services (breakfast, etc.) under the same sales conditions (cancellable or non-cancellable, refundable or non-refundable) on another website (excluding those listed), excluding tourist tax but including processing fees, the Company's Establishments guarantee you that rate along with an additional product at the Establishment's discretion.

Payment:

At the end of the booking process, a payment link will be sent to the Customer at the email address provided during the booking process. The terms and conditions for each Establishment's rate detail the payment arrangements (deposit amount, payment dates and terms, and refund conditions), which may vary depending on the Establishments concerned and the Services booked.
By clicking on the payment link, the Customer will be directed to the website of the Company's payment service provider, Lyra. This service provider uses a secure payment tool that encrypts bank details and is PCI DSS certified.
If the Customer uses the online booking engine to make their reservation, they will be directly redirected to the payment provider Lyra's website at the end of the booking process.
The Client must provide their payment information during the booking process to confirm the reservation of the chosen Service(s). The credit cards accepted on the Establishments' website are as follows: Visa, Mastercard, and American Express. The Company reserves the right to amend this list at any time.
The Client communicates their payment details either to prepay the booking before the stay, or as a guarantee for the booking in case of «no-show». When it comes to a bank card, the required information is: the bank card number, with no spaces between the digits, the name of the cardholder, the expiry date (it is specified that the bank card used must be valid at the time of the stay) and the visual cryptogram for prepayment.
The designated partner carries out security checks on the Customer's payment card, such as credit limit checks, card country checks, and IP address country checks. The card may be declined for various reasons, including theft, blockage, exceeding the limit, or input error etc. However, payment must be finalised, without exception, in order to confirm the reservation, and it is the customer's responsibility to ensure this.
If the bank refuses to accept payment, the reservation will be automatically cancelled. Furthermore, any Booking or payment that is irregular, inoperative, incomplete or fraudulent for any reason attributable to the Client will result in the cancellation of the booking at the Client's expense, without prejudice to any action that the Company may take against the Client.
As part of the fight against Internet fraud, information relating to the Client's reservation may be transmitted to any third party authorised by law or designated by the Company for the sole purpose of verifying the Client's identity, the validity of the reservation and the method of payment used. The Company reserves the right to request a photocopy of the Client's identity card and/or any information relating to the Client as part of this check.
The debit from the payment card provided is carried out at the time of payment validation, after confirmation from the card-issuing bank. In accordance with the provisions of Article L. 132-2 of the Monetary and Financial Code, the commitment to pay, given by means of a payment card, is irrevocable. Consequently, by communicating the information relating to their payment card, the Customer authorises the Company, and/or the Establishments to debit their payment card for the amount corresponding to the total price, VAT included, of the Service reserved. The Customer declares that they are the holder of the payment card provided, to be debited, and that the name appearing on the payment card is indeed theirs.
Payment by bank transfer may also be requested by the establishment for bookings of over €2,500 or at the express request of the customer.
In the event of payment at the Establishment, each of the Company's Establishments may accept different means of payment, but the Customer must present to the Establishment the bank card used to guarantee the reservation or make the prepayment in order to ensure the Customer's identity. The Establishment may also ask the Customer to show proof of identity in order to prevent credit card fraud.
If the Client has not prepaid their stay, the Establishment will ask the Client, upon arrival, for a security deposit or authorisation to debit their bank card to guarantee the stay corresponding to the total amount of nights booked, plus a flat-rate amount per person per day, varying by Establishment, to guarantee any additional consumption.
The same guarantee will be required from invited third parties.
In the event of a no-show, i.e. in the event of a reservation that has not been cancelled but for which the customer has not shown up at the Establishment on the reserved day, and insofar as the reservation has been guaranteed by credit card, the Establishment of the reserved Company will debit the sum of one reserved night as compensation due for the loss suffered as a result of the no-show. If more than one night is booked, the cancellation terms and conditions applicable to the rate booked will apply.
If the amount due is not paid at the time of departure, the Establishment will debit the total amount from the bank card used as a guarantee.
In addition, in the event of damage to the room, walls, furniture or equipment caused by the Customer, the Establishment will inform the Customer and charge the cost of cleaning or replacing the damaged equipment to the credit card used as a guarantee.
For stays longer than a week at one of our establishments, the Customer will receive a weekly invoice summarising all services, items and consumption from the past seven days.

X. PERSONAL DATA

Your personal data requested as part of your booking, namely your title, surname, first name, postal address, telephone number including country code, e-mail address, payment card details (number, card type, cardholder name, expiry date, and security code if provided to us) as well as any data communicated or generated by your browsing, are considered confidential data.
It is only accessible to the Company and to our subcontractor in charge of managing our «reservations» pages and is used to process your reservations and stays and; provided that you have accepted by ticking the corresponding box, to send you our newsletter, or to respond to your requests or communicate commercial offers. They are kept for the time necessary for the commercial relationship established between the Customer and the Company.
Certain information requested in the forms is compulsory and is indicated by an asterisk. If the Customer chooses not to provide this information, the Establishment will not be able to process the request.
In application of the French Data Protection Act of 6 January 1978, as amended, and the General Data Protection Regulation (2016/679), the Customer benefits in particular from the right to access, rectify, erase, and request a limitation of the processing of personal data concerning them.
The Client also has the right to object to the processing of their data for legitimate reasons and the right to object to the processing of their data for commercial prospecting purposes.

For more information on the processing of their personal data and on all their rights, Customers may consult the privacy policy of the Company's Establishments:

For Château de Berne : https://www.chateauberne.com/politique-de-confidentialite/

For Château Saint-Roux : https://www.chateausaintroux.com/politique-de-confidentialite/

For Ultimate Provence : https://www.ultimateprovence.com/politique-de-confidentialite/

Clients can exercise their rights at any time by sending an email to the relevant Establishment:

For Château de Berne : reservation@chateaudeberne.com

For Château Saint-Roux : reservation@chateausaintroux.com

For Ultimate Provence : reservation@ultimateprovence.com

For the L'Hostellerie de l'Abbaye: infor@hotel-thoronet.com 

In accordance with Articles L.223-1 and L.223-2 of the Consumer Code, consumers who do not wish to be contacted for marketing purposes by telephone can register free of charge on a telephone canvassing opt-out list. This list can be accessed via the following website: https://www.bloctel.gouv.fr/

XI. EVIDENCE AGREEMENT

Entering the required bank details and accepting these General Terms and Conditions and the booking request constitutes acceptance of the hotel contract between the parties, which has the same value as a handwritten signature.
The computerised records stored in the Company's computer systems will be kept in reasonable conditions of security and will be considered as proof of communications, orders and payments between the parties.

XII. INTELLECTUAL PROPERTY RIGHTS

The trademarks and logos «MDCV», «Domaines de Provence», the names of the Establishments and the logos «Château de Berne», «Château Saint-Roux», «Château des Bertrands», «UP», «Ultimate Provence», as well as all figurative trademarks, and more generally, all illustrations, images, drawings, and logotypes appearing and used on the Establishments' website belong to the Company, or are used by the Company under a valid right of use.
Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason whatsoever and on any medium whatsoever, without the express and prior consent of the Company, is strictly prohibited. In particular, the use and reproduction of all or part of the elements of the Services presented on the Establishments' website, as well as the reproduction of the Houses' decor, are strictly prohibited.

XIII. FORCE MAJEURE

The Company shall not be liable to the Client for failure to perform its obligations resulting from an event of force majeure.
Similarly, the Client shall not be held liable to the Company for any failure to perform its obligations resulting from an event of force majeure.
It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising therefrom. The following are considered to be cases of force majeure or fortuitous events, as usually recognised by the case law of the French Courts and Tribunals, including but not limited to: any event of a climatic, bacteriological, military, political, economic, social or IT nature, on such a scale, beyond the control of the parties, which could not reasonably have been foreseen at the time of conclusion and the effects of which cannot be avoided by appropriate measures, preventing the performance of a contractual obligation.
The reserved establishment may offer the Client accommodation in an establishment of at least an equivalent category or, if it is of a lower category, a room of a higher standard than the one originally booked, for services of the same nature. Any additional costs associated with this relocation, for services of the same nature, shall be borne by the establishment originally booked. The Client may also cancel their reservation, which will then give rise to a credit note or an immediate refund.

XIV. INTEGRALITY

These General Terms and Conditions of Sale, the sales conditions of the rate booked by the Customer, and the booking confirmation represent the entirety of the parties' obligations.
No general or specific conditions communicated by the Client shall be incorporated into these General Terms and Conditions.
The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or the booking request (including the terms and conditions of the booked rate) validated by the Client and these General Conditions.
In the event of any contradiction between the booking confirmation and these General Terms and Conditions, the provisions set out on the booking confirmation shall be the only ones applicable to the obligation in question.

XV. APPLICABLE LAW AND DISPUTE RESOLUTION

In the event of a dispute relating to these General Terms and Conditions or any other dispute with one of the Company's Establishments, the parties will endeavour to find an amicable solution. To do this, the Customer must first contact the Establishment concerned by e-mail or by post using the contact details indicated on each Site.
Information about the Establishment is available in the booking confirmation email, and on the Establishment's page on the Establishment's Website.
These General Terms and Conditions of Sale are governed by French law. This applies to both substantive and formal rules.
In the absence of an amicable agreement or a response from the Establishment within two months, the Customer may refer the matter to the Consumer Ombudsman, whose contact details are as follows:

  • Soit en complétant le formulaire prévu à cet effet sur le site internet de la SOCIÉTÉ DE MÉDIATION PROFESSIONNELLE: http://www.mediateur-consommation-smp.fr ;
  • Soit by post addressed to ALTERITEA, 5 rue Salvaing, 12000 Rodez, France.

Customers are also informed of the existence of a European Online Dispute Resolution («ODR») platform to which they may have recourse. The Customer can access this platform via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

XVI. PRE-CONTRACTUAL INFORMATION

The Customer expressly acknowledges having been informed, prior to confirmation of his/her reservation, in a legible and comprehensible manner, by means of the General Terms and Conditions and the Fare Sales Terms and Conditions, in accordance with the provisions of article L. 221-5 of the French Consumer Code :

  • On the essential characteristics of the Services,
  • On the prices of Services and any ancillary charges; ;
  • Cancellation and modification conditions for reserved Services; ;
  • The identity of DOMAINES DE PROVENCE and its establishments, and their contact details; ;
  • On the applicable legal and contractual warranties; ;
  • On the possibilities of using conventional mediation in the event of a dispute. ;
  • on the absence of the right of withdrawal; and
  • On payment methods.

Consequently, by booking on the Website of one of the Establishments, a Client agrees to and fully accepts these General Terms and Conditions, and undertakes an obligation to pay for the Services booked. This is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document which would not be enforceable against DOMAINES DE PROVENCE and/or the Establishments.

XVII. APPLICABLE LAW

French law shall be the only law applicable to the relationships between the Company and the Customer(s).