2. DEFINITIONS

Hereinafter, the terms used below shall have the following signification:

“Confirmation of reservation”: an e-mail sent by ACCOR to the consumer after payment on account made online, recapping the reservation placed by the client and confirming reception thereof by ACCOR.

“Reservation”: an act through which the client reserves services.

“Service provision”: the reservation of hotel rooms, meals and/or therapy programmes, whose essential characteristics are given in the catalogue and on the www.thalassa.com website.

“Web Site”: an electronic service operated by ACCOR on the Internet and accessible via the address www.thalassa.com

“Therapy programmes”: a series of fitness services that may be focused on different aspects: health, slimness, stress, beauty, mother and baby…

3. PURPOSE

1. The general conditions herein define the rights and obligations of parties in the context of remote reservations, via electronic means, of the thalassotherapy services proposed by ACCOR on its website web www.thalassa.com.
2. They govern every stage required for placing a reservation and for tracking a reservation between contracting parties.
3. The client hereby acknowledges that he or she has read and accepted the present general conditions accessible via the link www.thalassa.com.

4. TERM

1. LThe present special conditions shall apply for as long as the service provision from ACCOR remains online on the website www.thalassa.com.
2. ACCOR reserves the right to temporarily or definitively close the website www.thalassa.com or the online reservation space without notice or indemnity.
3. ACCOR shall not be liable for any damage, whatsoever the nature thereof, that may arise from these changes and/or temporary unavailability or the definitive closure of all or a part of the site or related services, such as the online sales space.
4. The present general conditions of sale may be amended at any time without notice. These changes shall not be applicable to service reservations made earlier.
5. Only the general conditions applicable at the time of concluding the contract shall be relevant to the client.

5. RÉSERVATION

1. The client chooses the services presented on the site on the day he or she wishes to book.
2. The client acknowledges that he or she is fully informed of the nature, the destination and the terms and conditions for booking available services and that he or she has requested and obtained all necessary and/or additional information for placing a reservation with full knowledge of the facts.
3. The client alone is responsible for his or her choice of services and the suitability thereof for his or her needs, in such a way that the responsibility of ACCOR may not be engaged in this respect.

6. MAKING A RESERVATION

1. For every reservation made on the website www.thalassa.com, the client completes the reservation form online and indicates his or her credit card number.
2. The reservation is deemed formed when paying online the sum on account representing 30% of the amount of the price of reserved services.
3. If a client fails to make any payment on account, the establishment will not confirm the reservation and will not guarantee the availability of the services requested.
4. Before making any reservation, the client undertakes to complete the information requested on the order form.
5. The client certifies the truthfulness and accuracy of the information he or she gives.
6. The booking procedure comprises the following steps:
   1. step 1: search for service per type of therapy programme or per destination.
   2. step 2: search for a hotel, choice of therapy programme and choice of room.
   3. step 3: verification of the details of the reservation, the total price and the correction of any errors.
   4. step 4: the client specifies his or her coordinates.
   5. step 5: consultation and acceptance of the general and special conditions of sale.
   6. step 6: validation of the reservation by the client.

7. CONFIRMING THE RESERVATION

1. A confirmation of the reservation request is automatically sent to the client at the e-mail address he or she has given.
2. The e-mail confirmation of the reservation summarizes the services ordered, the prices, information relative to the after-sales service and sales guarantees and indicates the address of the establishment selling the service with whom the client may file any complaints.
3. For any question relative to his or her reservation, the client may contact the hotel concerned directly or the customer service of Thalassa sea & spa on 0825 00 77 77 (€0.15/min).

8. PRICES

1. Thalassotherapy programmes (with or without accommodation) comprise 2, 3, 4 or 5 treatments a day, depending on the type of course (performed alternately in the morning one day, the afternoon the next day, unless stated otherwise), free access to certain activities in the institute and/or hotel and the providing of bathrobes and towels in the institute. With services that include accommodation and a course with breakfast, any half-board or full-board, meals and therapy days that are not used will not be refunded.
2. Prices relating to the booking of services are given on the website and confirmation e-mail.
3. Prices are in euros, include VAT and are valid only for the period stated on the website and on the confirmation e-mail.
4. Product prices do not include Internet access fees, which are at the client’s own expense.
5. The non-participant rate is valid only for people sharing the same room as a therapy client.
6. All reservations, whatsoever their origin, are payable in euros.
7. Prices include VAT applicable as at the day of reservation and any change in the applicable rate of VAT will automatically be passed on to the given prices.
8. Unless specified elsewhere in the description of the offering, prices do not include the following optional services:
   • accommodation tax;
   • medical fees*;
   • caring for pets (for hotels where pets are admitted);
   • insurance;
   • meals not included in the selected formula;
   • drinks;
   • billed activities (details of these activities and rates are available from the hotel on request);
   • ancillary service product and provision (laundry…) (these rates are available from the hotel on request);
   • and generally speaking all out-of-pocket expenses of a general order.
9. ACCOR, when the customer confirms his or her reservation, will indicate the total amount of reservation (price in euros inc. of VAT).

* the medical and physiotherapy acts performed as part of thalassotherapy treatments are not reimbursed (circular from the Caisse Nationale d’Assurance Maladie N°5698 of December 23, 1998).

9. PAYMENT OF BALANCE FOR SERVICES AT THE HOTEL

1. The amount of the on-account payment is deducted from the final invoice.
2. The balance of reserved service, i.e. the hotel and therapy programme, must be paid on site before the guest’s departure. Some sites will ask for separate payment for hotel services and therapy.
3. Miscellaneous services and additional taxes must be paid on site prior to the guest’s departure.
4. For reservations comprising the hotel and the therapy programme (breakfasts, board or half-board), the meals and therapy not used or taken will not be deducted from the final bill.
5. No discount will be granted by ACCOR for payment made any earlier to that given in the present general conditions of sale or on the invoice issued by one of our sites.

10. MEANS OF PAYMENT FOR BALANCE

The client has several means of payment available, each providing optimal security, including:

• • cash, for a maximum amount of €3,000 for payment of an outstanding balance, or of €460 for payment on account
• • by credit card (Barclay’s, Visa, Eurocard/Mastercard, American Express...)
• • by cheque. The cheque will be presented for payment upon reception. Only French cheques are accepted for establishments in France
• • using the Thalassa sea & spa Cad’Eau Card
• • by “Tickets Compliments” gift token
• • by holiday vouchers.

11. CANCELLATION BY THE CLIENT

1. The client is reminded that in compliance with article L. 121-20-4 of the Consumer Code, he or she is not entitled to the right of withdrawal, as scheduled under article L. 121-20 of the Consumer Code, when a service is provided at a fixed date or over a set period.
2. Any cancellation, in full or in part, must be notified to the hotel in writing (letter, fax or e-mail) and unless specifically agreed otherwise, will give rise to invoicing as follows:
   • for any cancellation made more than 10 days prior to the date of arrival: the establishment will return the on account payment received from the client, from which will be deducted administrative costs amounting to €50 per individual cancellation;
   • for any cancellation at 10 days or less prior to the date of arrival, the establishment shall retain the full payment made on account.
3. The relevant sums will be returned by no later than 30 days as from the date of notification of cancellation (unless the client prefers a purchase credit) credited to the client’s bank account or by cheque.
4. If the client interrupts his or her therapy programme or his or her stay at the hotel, or does not use any particular service or product, for whatsoever reason and notably in cases of no-show or late show to the place of appointment, he or she shall remain accountable for paying all sums due relative to the initial reservation. Consequently, the client shall settle up the outstanding balance before leaving the establishment.
5. At all events, administrative costs for the amount of €50 per person cancelling will be invoiced.
   

12.CHANGES MADE BY THE CLIENT

1. Any changes made by the client to reservations may be considered by the hotel concerned only within its possibilities and providing it has been notified in writing (letter, fax or e-mail) addressed to the hotel at least 3 days prior to the scheduled date of arrival. Whenever possible, the hotel will endeavour to satisfy the client’s requests.
2. If these requests for changes concern the prolongation of stay, an increase in the number of persons or the purchase of an additional service, only the price of these changes will be invoiced as a supplement.

13. EJECTMENT / TERMINATION BY ACCOR

1. When, prior to departure, the respect for any one of the key items of the contract is rendered impossible further to an event of force majeure affecting ACCOR, the latter shall warn the client thereof as quickly as possible and inform him or her of the possibility either to terminate the contract or to accept changes offered by ACCOR.
2. This warning and this information must be confirmed by registered letter to the client, with return receipt requested, and the client will make known his or her choice as quickly as possible. When terminating the contract, he or she will be entitled to a full refund of all sums paid without penalties or costs.
3. The refund will be made, as ACCOR so chooses, by crediting the client’s bank account or by cheque.
   

14. AVAILABILITY OF GUESTROOMS

Guestrooms are made available from 3 pm onwards and must be vacated by 12 noon on the day of departure. However, depending on the hotel’s availabilities and with the payment of a supplement equal to 50% of the price listed at the hotel’s front desk, the client may retain his or her room until 5 pm.

15. MEDICAL VISITS

1. For service product and performance lasting 4 days and more, the client must obligatorily present a medical certificate of fitness delivered within the past 15 days. For service provision and performance of less than 4 days, the medical visit is optional but recommended. In the absence of a medical certificate of fitness, the client will be asked to sign a medical discharge form on site.
2. Some therapy programmes or treatments are ill-suited to expectant mothers. For expectant mothers, a medical certificate from their attending physician is mandatory. At all events, a medical certificate attesting to pregnancy follow-up and the absence of any contraindication will be required for each reservation.

16. MEASURES OF HYGIENE

For the sake of hygiene, swimming caps and plastic sandals must be worn (these articles are available for sale on-site). Furthermore, therapy clients are recommended to bring two swimsuits. Bathing shorts are not allowed in swimming pools.

17. RESPONSIBILITY

1. The proposed service provision and performance complies with all applicable French legislation. The responsibility of ACCOR shall not be engaged in cases of non-compliance with the legislation of a third-party country.
2. ACCOR shall not be held responsible for failure to execute a reservation in the event of force majeure or if this failure is of a third party’s doing or the client’s own doing.
3. Some establishments propose programmes for 15 to 18 year-olds. These programmes require the presence of an adult accompanying the minor.
4. No therapy or care programme may be performed for a minor without the presence in the establishment of his or her accompanying adult.

18. COMPLAINTS

1. Complaints relating to the state of premises must be made known to ACCOR within 48 hours from checking-in, directly to the hotel.
2. Complaints relating to the non-execution or improper execution of contract will be considered only if made in writing (letter, fax, e-mail) and forwarded to either the establishment or Service Clients Thalassa sea & spa – c/o Pullman Rive Gauche – 8/12 rue Louis Armand – 75738 Paris Cedex 15, as soon as possible after the end of service product and performance.
3. No complaints or contestation of reply will be accepted over the telephone. Forwarding costs (by letter, fax, e-mail) incurred by the complaint shall be at the client’s own expense. Client service offices are not open to the general public and any complaint must be made in writing.

19. RESPECT FOR PRIVACY

NOMINATIVE INFORMATION

1. The information requested of the client is necessary to process his or her reservation and will be forwarded to service providers and to the accounting department of ACCOR. Without this information, ACCOR may not be able to process the reservation.
2. The client may write to ACCOR, whose coordinates are given under the heading “Legal Wording” on the www.thalassa.com website to exercise his or her right of access and of opposition, with or without legitimate reason, when it comes to diffusion and rectification and regarding information concerning him or her and used for processing by ACCOR, under the conditions scheduled by the act of January 6th, 1978.
3. ACCOR hereby declares to have executed all and any formalities required by and with the National Computer Processing & Personal Liberty Board.

DIRECT DIFFUSION

1. The client has the right to agree expressly to receiving direct diffusion in the form of e-mails.
2. The client has the right and at no cost to him/herself to refuse data concerning him/herself being used for purposes of diffusion, notably for sales diffusion.

20. STORAGE AND ARCHIVING OF TRANSACTIONS

In compliance with article L. 134-2 of the Consumer Code, ACCOR SA shall retain the written document of the consumer’s reservation for an amount equal to or higher than 120 euros for a period of 10 years as from the date of delivery related to the reservation and shall guarantee right of access to this document at any time over the same period.

21. EVIDENCE CLAUSE

1. The computer registers stored in the ACCOR data processing systems will be kept under reasonable conditions of security and be considered as evidence of communication, reservations and payments made between parties.
2. Freedom of evidence does not means release from providing evidence by trustworthy means.

22. INTELLECTUAL PROPERTY

1. All the texts, images and sounds reproduced in the ACCOR catalogue are reserved under intellectual property laws for the whole world.
2. The present general conditions entail no transfer in any way of intellectual property copyright regarding items belonging to ACCOR or its beneficiaries, such as photographs, images, literary texts, artistic works, graphic charts or logos produced for the benefit of the client.
3. The only authorized use shall be that in compliance with the destination of this catalogue.
4. Internet users who have their own personal site and who, for personal purposes, wish to place on their site a simple link to the homepage of the www.thalassa.com website must obtain the express consent to do so from ACCOR.
5. At all events, the hypertext links referring to the www.thalassa.com website must be withdrawn at the first request made by ACCOR.

23. APPLICABLE LAW

1. The applicable law is French law.
2. For convenience, the contract may be translated into English. However, in the event of a dispute, only the French-language text shall prevail.
3. In the event of a dispute and failing an out-of-court settlement between parties, the case will come under the competent territorial jurisdiction.

24. ENTIRE AGREEMENT

1. The present general conditions and the order form express the full and total obligations of parties.
2. In the event of contradiction between the provisions given on the reservation form signed by the client and those given under the present general conditions of sale, the provisions stated on the reservation form shall prevail.