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1. Purpose and scope
1.1. The present General Terms and Conditions of Sale include all the conditions pertaining to the reservation and sale of Health Service courses of treatment by:
The SOCIETE DES ETABLISSEMENTS THERMAUX DE BRIDES-LES-BAINS ET SALINS-LES-THERMES (hereafter 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.
1.2 Reservation and payment for Courses of Treatment and Individual Treatments (excluding accommodation) with the SET BRIDES, whether through the website operated by the SET BRIDES, or by post, 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.
1.3. 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.
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”: A natural person, as specifically defined in the Specific Terms and Conditions, who books a Course of Treatment with the SET BRIDES;
· “Course of Treatment”, “Course of thermal treatment”: Refers to the medical treatment offered by the SET BRIDES, incorporating a range of treatments using natural mineral water from the Brides-les-Bains thermal springs. Treatments fall into two categories: “Health Service” Courses of Treatment prescribed by a doctor (general practitioner or specialist), the costs of which may be met in part by the compulsory social security system, and “private” Courses of Treatment undertaken by the Client at his/her own initiative and therefore not covered by social security.
For the purposes of the present document, the term “Course of Treatment” excludes “private” Courses of Treatment, which are subject to different booking terms and conditions. For full information about “private” Courses of Treatment, please contact our receptionists on 04 79 55 26 70.
The Health Service Courses of Thermal Treatment offered by the SET BRIDES comply with the statutory obligations of the National Health Insurance Fund (CNAM). Additional optional programmes are also available. These additional optional programmes are, however, not covered by the Health Service and the Client is solely responsible for meeting the costs.
· “Website”: refers to the SET BRIDES website, accessible at www.thermes-brideslesbains.fr.
3. Contractual documents - compliance reference chart
3.1 The contractual documents are, in decreasing order of priority:
31.1. The Specific Term and Conditions, which include the following information:
· The dates and times of the Course of Treatment,
· The amount of the booking deposit paid, where appropriate,
· The provision of any complementary treatments which the Client may book,
· Any services, fees and taxes which are not included in the cost of the Course of Treatment,
· 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 constitute the “compliance reference chart” for the services sold and provided to the Client by the SET BRIDES.
The total cost of the course of treatment will, however, vary depending on:
- the spa doctor’s recommendations,
- a possible change in the rate set by the National Health Insurance Fund and any price increases necessary to comply with the regulations
- or the purchase of à la carte treatments during the course of treatment.
3.1.2 The present general terms and conditions of sale
3.2. 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.
4. Booking procedures
4.1. The SET BRIDES accepts bookings for Health Service courses of thermal spa treatments and additional optional care plans (Idéal nutrition and physical exercise, therapeutic education, post-cancer, children/young people under the age of 18). These are described in detail on the Website.
4.2. The Client may book a Course of Treatment via the Website, or by post, using the contact details listed in section 10.1 of the present terms and conditions.
4.3. When making the booking, the Client undertakes to supply accurate, complete and honest information in answer to all questions asked and, if required, provide copies of any required documents (coverage for costs, etc.).
4.4. 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.
4.5. 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.
4.6. In the case of bookings made online on the Website, the act of clicking the ‘submit’ button on completion of the booking form (when paying the booking deposit), indicates the Client’s formal confirmation of the booking, and constitutes irrevocable acceptance of the present General Terms and Conditions of Sale and the General Terms and Conditions of 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 15 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.
4.7. Bookings made by post will be processed by the SET BRIDES upon receipt of the booking form and payment from the Client, who may send a cheque for the appropriate amount or, alternatively, provide his/her payment information on the booking form (cf. art. 7.4).
4.8. Regardless of the booking method chosen by the Client, the SET BRIDES will, subject to availability, notify the Client in writing, and within 15 working days of receipt of the booking deposit, that the booking request has been accepted.
The booking will be confirmed in a standard letter which includes a summary of the Course of Treatment and shows the booking deposit paid.
4.9. The computerised records stored in our computer systems and those of our partners, always with reasonable security precautions, 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.
5. Right of withdrawal
5.1. 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.
For online bookings through the Website, 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.
5.2. 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 10.1) 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.
5.3. 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
6.1. Health Service Courses of Treatment are prescribed by the doctor responsible for the Client’s care. A spa doctor then recommends appropriate treatments for the Client at the start of the Course of Treatment.
6.2. The SET BRIDES guarantees that the Courses of Treatment 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 features 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 selected 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 and its benefits will meet the needs and expectations of the Client, particularly in relation to the Client’s weight loss.
6.3. 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 10.1 of the present terms and conditions.
6.4. In the case of 18-day courses of treatment approved by the Social Security system, the SET BRIDES cannot be held liable for poor medical guidance, nor any actions or omissions on the part of doctors before or during the stay.
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.
6.5. 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.
The photographs, visual material and illustrations used to show Courses of Treatment, individual treatments, services and facilities are included for information only, and have no contractual value.
7. Financial conditions
7.1. Prices indicated by the SET BRIDES include all taxes and fees.
They are valid from 1 November 2018 to 31 October 2019, 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 prices of approved packages consisting of different therapeutic approaches and medical recommendations are provided for information only and remain subject to legal or contractual changes, chiefly those made by the National Health Insurance Fund.
7.2. The Client is required to pay a booking 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 (new standards), 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.
7.3. The Client may also complete a paper booking form and send it by post or fax to the SET BRIDES at the address shown in article 10.1, along with a cheque to cover the deposit shown on the form. Alternatively, the Client may provide his/her bank or credit card details (name of holder, card number, expiry date and security code).
7.4. In line with the booking and payment methods used by the Client, the SET BRIDES will confirm the Client’s booking of his/her Course of Treatment upon receipt of the corresponding payment, and will automatically send a detailed summary of the booking for the Course of Treatment and the banking transaction to the Client at his/her email address (or, where necessary, by post).
7.5. The SET BRIDES reserves the right not to process any reservation for which the payment is not authorised by the relevant banking services.
7.6. The balance of the cost of the Course of Treatment for which he/she is liable (patient’s contribution) 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, bank or credit card, or in cash. Any policy holder who arrives at the spa resort without proof of cover, will not be able to claim third party payment and will have to pay the full treatment cost upfront (at the Social Security rate).
8. Modification and cancellation of the Course of Treatment
8.1. Any modification to the initial booking should be sent by letter, indicating the desired changes, and must be followed by express acceptance in writing from the SET BRIDES. Requests for modification are not accepted within 15 days of the scheduled arrival date.
8.2. Cancellation requests may only cover the whole Course of Treatment (thermal treatments and additional optional services) and must be sent in writing to the SET BRIDES, which will, in this case, apply the following pricing and refund conditions:
· For notification of cancellation received until 21 days before the commencement of the Course of Treatment, the full booking deposit will be refunded;
· For notification of cancellation received between 21 and 7 days before the commencement of the Course of Treatment, 50% of the booking deposit will be refunded.
· In the case of non-arrival or notification of cancellation within 7 days of the commencement of the Course of Treatment, the full deposit paid will be retained.
8.3. In case of delay, your care will be shortened accordingly, in order to respect the appointment of the following customer. Any care booked and canceled less than 24 hours before, will be charged at 100% of its value.
8.4. When, for reasons beyond the control of SET Brides, unforeseen events so require, SET Brides reimburses amounts paid in respect of services not provided. On the other hand, any claim to any compensation whatsoever will be excluded. In the event of a cancellation of the Cure because of SET BRIDES, it will return to the Customer double the booking deposit paid by him pursuant to the provisions of Article L 214-1 of the Consumer Code. As part of the Stays, SET Brides reserves the right to modify the content of the program or certain planned services, if unforeseen or unavoidable events so require. In this case, SET Brides will do its best to provide the customer with replacement, services of equivalent quality.
9. Personal information
9.1. In compliance with the provisions of the French law No. 78-17 dated 6 January 1978 modified, the Customer has a right of access to data concerning him, as well as a right to information, modification, rectification, opposition, portability and deletion.
To exercise this right, you must send your request by mail to the address listed in article 10.1 "Contact" hereof or by email to the data protection officer (firstname.lastname@example.org). All requests must be accompanied by proof of identity.
9.2. The Client's personal information, collected via form documents, along with 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.
9.3. 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.
9.4. Client data may also be used to improve and personalise communication with him/her, particularly through newsletters to which the Client may subscribe.
9.5. The SET BRIDES stores and secures access the Client's personal data on its own servers and undertakes to keep this data strictly confidential.
10.1 Contact details
For further information, or if you have a question, please contact our Customer Care department:
· preferably by email at: email@example.com
· or by post to the following address:
SET BRIDES SA - BP 14 - 73573 BRIDES LES BAINS CEDEX
· Tel. +33 (0)4 79 55 26 70
· Fax. +33 (0)4 79 55 29 73
10.2 Changes to the contract
The Service Provider reserves the right to unilaterally change 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 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.
11. 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.