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- PURPOSE AND SCOPE
- The present General Terms and Conditions of Sale include all the conditions pertaining to the reservation and sale of private courses of treatment (hereafter “Courses of Treatment”) and Packages by:
- the SOCIETE DES ETABLISSEMENTS THERMAUX DE BRIDES-LES-BAINS ET SALINS-LES-THERMES (hereafter referred to as the “SET BRIDES”),
- head office 2 Rue des Thermes - 73570 BRIDES- LES-BAINS
- share capital €1,583,610,
- registered with the CHAMBERY trade and companies register under no. 350 359 642
- Intra-Community VAT no: FR 33 350 359 642.
- Reservation and payment for Courses of Treatment (excluding accommodation) with the SET BRIDES, whether through the (www.lthermes-brideslesbains.fr/spa) website operated by the SET BRIDES, or by post, fax or telephone, implies the Client’s full and complete acceptance of the present General Terms and Conditions of Sale.
When the Client accesses and uses the Website to book a Course of Treatment, this also implies full and complete acceptance of the Website General Terms and Conditions, which can be found in the “Legal Notices” section.
- The SET BRIDES cannot make accommodation or restaurant bookings for the Client during his/her Course of Treatment.
Therefore, responsibility for booking accommodation during the Course of Treatment rests solely with the Client, who should therefore check on the availability of accommodation before booking the Course of Treatment or Individual Treatments.
The Thermes de Brides-les-Bains website includes a feature to enable users to access the room booking system for the Thermes’ partner hotels.
For details of all accommodation options available, the Client should visit the Brides-les-Bains Tourist Information Office website (www.brides-les-bains.com).
For the purposes of the present terms and conditions, each of the expressions below is used as defined:
- “SET BRIDES”: the SOCIETE DES ETABLISSEMENTS THERMAUX DE BRIDES LES BAINS ET SALINS LES THERMES, as specifically defined in article 1.1 of the present terms and conditions;
- “Client”: the Natural person, as specifically defined in our Specific Terms and Conditions, who books a Course of Treatment or Individual Treatments with the SET BRIDES;
- “Course of Treatment”: refers to a protocol of treatments and services offered by the SET BRIDES. Courses of treatment at the Grand Spa Thermal are not covered by the social security system.
- “Website”: refers to the SET BRIDES website, accessible at www.lthermes-brideslesbains.fr/spa.
- CONTRACTUAL DOCUMENTS - COMPLIANCE REFERENCE CHART
- The contractual documents are, in decreasing order of priority:
- The Specific Terms and Conditions, which include the following information:
- The dates and times of the Course of Treatment or Individual Treatments,
- The total price of the services billed
- Any specific conditions requested by the Client and accepted by the SET BRIDES.
The specific terms and conditions are set out formally in the online booking form or its paper version, and are reproduced in the booking confirmation sent to the Client by email or by post. They are also contained in the “Spa booking” leaflet which can be consulted on the Website. They constitute the “compliance reference chart” for the services sold and provided to the Client by the SET BRIDES.
- The present General Terms and Conditions;
- These documents set out all the obligations of the parties, and form an inseparable contractual whole.
Should any contradiction arise between the documents, and unless otherwise stipulated, the higher priority document shall prevail in interpreting the obligations of the parties.
Unless expressly agreed by the parties, no other general or specific terms and conditions appearing in the documents sent or exchanged by the parties may be considered part of this Contract.
- BOOKING PROCEDURE
- The SET BRIDES accepts bookings for Courses of Treatment, all of which are described in detail on the Websites.
- The Client may book a Course of Treatment via the Website, by telephone, by post or by fax, using the contact details listed in section 11.1 of the present terms and conditions.
- When making the booking, the Client undertakes to supply accurate, complete and honest information in answer to all questions asked and, if required, to provide authentic original documents, or copies of these documents.
- The SET BRIDES reserves the right, at its discretion, to refuse or later cancel any booking made by a Client whose information is found to be inaccurate, incomplete, misleading or fraudulent.
- The SET BRIDES reminds Clients making online bookings via the Website of the need to supply a valid primary email address and postal address.
All correspondence sent by the SET BRIDES to this e-mail address shall be considered received and read by the Client, who undertakes to consult the messages sent to the e-mail address regularly and, where applicable, to respond promptly.
- In the case of bookings made online on the Website, the act of clicking the ‘submit’ button on completion of the booking form indicates the Client’s formal confirmation of the booking after the payment of the deposit representing 30% of the total cost, and constitutes irrevocable acceptance of the present General Terms and Conditions of Sale and the General Terms and Conditions covering Use of the Website concerned.
This act of clicking the ‘submit’ button, once SET BRIDES has notified the Client that the booking request has been accepted, within 5 working days of the request being made, constitutes final consent to enter into a contract with SET BRIDES for the Course of Treatment selected.
The act of clicking the ‘submit’ button constitutes an electronic signature, which carries the same legal weight as a handwritten signature.
- Bookings made by telephone will be processed by the SET BRIDES upon receipt of the deposit from the Client, who should provide his/her payment details by telephone (cf. art. 7.3).
- Bookings made by post will be processed by the SET BRIDES upon receipt of the booking form and payment of the deposit by the Client, who may either send a cheque for the appropriate amount or provide his/her payment information on the booking form (cf. art. 7.4).
- For all the Client’s bookings (except those made online), the SET BRIDES will, within 5 working days of receipt of the booking deposit and subject to availability on the dates chosen by the Client, notify the Client in writing that the booking request has been accepted.
- Internet bookings will be confirmed by email or by standard letter, which will include the amount of the deposit already paid and a description of the Course of Treatment chosen.
- The computerised records stored, with reasonable security precautions, in our computer systems and those of our partners, will be considered to constitute proof of communication, bookings, orders and payments between the parties.
These booking forms, confirmations and invoices are stored on a reliable and durable device which may be produced as proof.
- RIGHT OF WITHDRAWAL
- In accordance with European or National legislation, and in particular the provisions of article L.121-20 of the Consumer Code, the Client has a period of fourteen (14) working days from the date on which a Course of Treatment was booked to exercise the right of withdrawal without penalty, and without the need to provide any reasons or incur any penalties.
The reference date for the withdrawal period will be the date on which the booking form was submitted and the online deposit paid.
If this withdrawal period expires on a Saturday, Sunday or public holiday, it will be extended until the first working day thereafter.
- Should the Client wish to withdraw from the contract, he/she should send an email or a registered letter with acknowledgment of receipt to the Customer Care department (cf. article 12.1) before the expiry of this fourteen (14) day withdrawal period.
The Client’s withdrawal will not be valid until the Client receives notification from the SET BRIDES that his/her withdrawal has been received and accepted.
- No withdrawal request will be considered after the expiry of the withdrawal period, although the Client may still be able to cancel the booking for the Course of Treatment under the conditions set out in article 8 of the present terms and conditions.
- 6. GUARANTEES AND LIABILITY
- At the start of the Course of Treatment booked, the Client must present a medical certificate confirming that there is no contraindication to the Client’s undertaking the Course of Treatment and receiving the Treatments and services concerned.
Except in the case of an obvious failure to deliver the Course of Treatment and/or provide the Treatments on the part of the SET BRIDES, it cannot be held liable for any direct or indirect harm suffered by the Client.
- The SET BRIDES guarantees that the Courses of Treatment and/or packages booked comply with the Specific Terms and Conditions.
This guarantee of compliance applies solely to the correspondence between the treatments and services provided and the information and characteristics described in the Specific Terms and Conditions.
The SET BRIDES is bound by a duty of care covering its provision of the treatments and services included in the Course of Treatment chosen by the Client. This obligation involves the implementation of all procedures required for the provision of its treatments and services.
The SET BRIDES cannot, therefore, guarantee that the Course of Treatment will meet the needs and expectations of the Client, particularly in relation to the Client’s weight loss.
- Complaints should be made no later than fifteen days after the end of the Course of Treatment and should be sent by registered letter with acknowledgement of receipt to the SET BRIDES at the contact details shown in article 12.1 of the present terms and conditions.
- The SET BRIDES makes every effort to provide the Client, through the Website, with the most reliable and comprehensive information possible relating to its Courses of Treatment and Individual Treatments.
The photographs, visual material and illustrations used to show Courses of Treatment, individual treatments, services and facilities are, however, included for information only, and have no contractual value.
- In no case may the SET BRIDES SA be held liable in the case of force majeure, or due to the actions of any third party not involved in delivering the services specified in the contract or the improper execution of the contract by the Client. All references to prices, services and administrative and health-related procedures made in our brochures are provided for information only and do not constitute a commitment on our part.
- FINANCIAL CONDITIONS
- Prices indicated by the SET BRIDES include all taxes and fees.
They are valid from 28 December 2015 to 29 October 2016, although changes may be made during the course of the year as a result of a change in the rate of VAT or the modification of a particular promotional offer.
- The Client is required to pay a deposit when booking a Course of Treatment on the Website. The payment should be made by bank or credit card, using the Crédit Agricole bank’s secure site.
The SET BRIDES guarantees the security and confidentiality of information shown on the Client’s bank or credit card.
The SET BRIDES employs the TLS/3D Secure protocol, which guarantees reliable communications and transactions by immediately encrypting all personal data required for the reservation, such as postal and email addresses, banking data, etc. The Client's banking data is thus encrypted and transmitted directly to the Crédit Agricole bank, via a secure connection, and without passing through the Website.
- Should the Client not wish to pay via the Website, he/she may, only after having received confirmation that the chosen Course of Treatment is available, contact the SET BRIDES by telephone during office hours and make the booking and payment by providing the operator with his/her bank or credit card data (name of holder, card number, expiry date and security code).
- The Client may also complete a paper booking form and send it to the SET BRIDES at the address shown in article 11.1, along with a cheque to cover the deposit shown on the form. Alternatively, the Client may provide his/her bank or credit card data, as stated in article 7.3 of the present terms and conditions.
- The SET BRIDES reserves the right not to process any reservation for which the payment is not authorised by the relevant banking services.
- The balance of the total cost of the Course of Treatment must be settled by the Client on arrival, and no later than the commencement of his/her Course of Treatment, and may be paid by cheque or by bank or credit card (or in cash).
- MODIFICATION AND CANCELLATION OF THE COURSE OF TREATMENT AND INDIVIDUAL TREATMENTS
- Requests to modify the Course of Treatment in part or in whole must be sent in writing to the SET BRIDES, and are subject to its express prior agreement. The SET BRIDES may, depending on the type and degree of the modifications, request an additional payment. Requests for modification will, however, not be accepted within 10 days of the scheduled arrival date.
- Cancellation requests may only cover the whole Course of Treatment and/or Package and must be sent in writing to the SET BRIDES.
- Cancellation by the Client
Requests for cancellation must be made to the SET BRIDES SA, at the earliest possible opportunity, by registered letter with acknowledgment of receipt. The date on which the letter is received will be set as the reference date:
- more than 21 days before the arrival date, the SET BRIDES SA will refund the full deposit paid,
- between 20 and 7 days before the arrival date, the SET BRIDES will retain 50% of the deposit paid,
- within 7 days and in cases of non-arrival, the SET BRIDES SA will retain the full deposit paid.
- Cancellation by the SET BRIDES SA
Where forced to do so by unforeseen events beyond its control, the SET BRIDES SA will offer a refund of sums paid based on the services which were not delivered. However, no claim for damages will be accepted.
- Modifications made by the SET BRIDES SA
In the case of packages, the SET BRIDES reserves the right to modify the content of the programme of treatment or certain scheduled services in the event of unforeseen and unavoidable circumstances. In this case, the SET BRIDES SA will make every effort to provide the client with alternative treatments of equivalent quality.
- GIFT VOUCHERS
- Within the scope of the present Terms and Conditions, SET BRIDES also sells treatments in the form of personalised Gift Vouchers.
In this case, the Client must pay the full costs of the treatments at the time of purchase of the Gift Voucher.
- The recipient of a Gift Voucher should contact the SET BRIDES at the address shown on the Gift Voucher, to book, subject to availability, the dates and times when he/she would like to avail him/herself of the treatments shown on the Gift Voucher.
- Gift Vouchers are only valid until the expiry date shown on the reverse. Neither the Client nor the Recipient may request an extension of the expiry date should the Gift Voucher remain unused at its expiry date, nor may they claim a refund or compensation.
- Should the Gift Voucher remain unused, or be lost, stolen or destroyed, neither the client nor the recipient may claim a refund or compensation.
- In accordance with European or National legislation, and in particular the provisions of article L.121-20-2 and -4 of the Consumer Code, the right of withdrawal does not apply: Gift Vouchers are classed as the delivery of a ‘Leisure’ service.
- PERSONAL INFORMATION
- In compliance with the provisions of the French law dated 6 January 1978, the Client has a right to access, modify, correct and delete any personal information relating to him/herself.
To exercise this right, he/she need only send a letter or e-mail to the addresses shown in article 11.1 of the present terms and conditions.
- The Client's personal information, collected via form documents, and any future information, is intended for the sole use of the SET BRIDES and, where necessary, by the spa doctor responsible for the Client, as required for the booking process and for the delivery of the Course of Treatment or Individual Treatments.
- This information will not be transmitted or transferred to third parties other than the technical service providers responsible for the booking service. They are bound by a duty to maintain the confidentiality of the information and to use it solely for the specific service they perform.
- Client data may also be used to improve and personalise communication with him/her, particularly through newsletters to which the Client may subscribe.
- The SET BRIDES stores the Client's personal data on its own servers and undertakes to keep this data strictly confidential.
- CONTACT DETAILS
For further information, or if you have a question, please contact our Customer Care department:
- preferably by email at: firstname.lastname@example.org
- or by post to the following address:
SET BRIDES SA – BP 14 - 73573 BRIDES LES BAINS Cedex
- Tel. +33 (0)4 79 55 23 44
- Fax. +33 (0)4 79 55 29 73
- Changes to the contract
The Service Provider reserves the right to unilaterally modify the terms of the present terms and conditions in the event of technical, legal or jurisprudential developments, or when new services are offered.
However, these changes will not apply to Clients who reserved their Course of Treatment/Individual Treatments before the date on which the changes came into force.
Should a situation arise where one of the provisions in this Contract is considered void in accordance with a legal or regulatory provision, either present or future, or a legal decision that has the force of res judicata and was delivered by a competent court or body, this provision of the contract would be considered null and void, and all other provisions in the Contract would remain in full force and effect.
The fact that one or other of the parties does not avail itself at a given time of any of the provisions of the present contract may never be construed as a waiver by it of the rights it holds hereunder.
- APPLICABLE LAW AND COMPETENT COURT
This Contract is subject to French law, in terms of both substance and form.
In the event of any dispute arising from the execution or interpretation of the present terms and conditions, the French version alone will be valid for the purposes of interpreting them. The parties furthermore agree to come together and attempt to find an amicable solution to their dispute before initiating legal proceedings before the competent court.