Terms & Conditions

Terms and Conditions - Consumers

Article 1 - Designation of the Service Provider :

MONT D'ARBOIS EXPERIENCE, a simplified joint stock company with capital of 1,000.00 euros, headquartered at 251, Avenue du Golf - Domaine de Massane - Bâtiment Marbella - 34 670 - BAILLARGUES, registered with the Registre du Commerce et des Sociétés under no. 933 639 932 R.C.S. MONTPELLIER.‍

Telephone: +33 (0)4 80 36 80 48
E-mail : reservation@chalets-montdarbois.com
Website: https: //www.chalets-montdarbois.com/

Article 2 - Scope of application :

These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of accommodation, catering and well-being services ("The Services") offered by MONT D'ARBOIS EXPERIENCE ("The Provider") to consumers and non-professional customers ("The Customers or the Customer") directly.

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

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

The Customer is obliged to read them before placing any order. The choice and purchase of a Service are the sole responsibility of the Customer.

These General Terms and Conditions of Sale are systematically communicated to all Customers prior to the conclusion of a contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document. They are accessible at all times on the https://www.chalets-montdarbois.com/ website.

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before entering into the contract for the provision of Services. Validation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

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

Article 3 - Orders :

^1Article1 of the French Consumer Code.

Customers select the Services they wish to order in terms of accommodation, catering and wellness services.

3.1 - General provisions

For the accommodation service, the customer chooses the dates of stay, the number of people to be accommodated and the type of room required. Additional services, such as breakfast, half-board and SPA treatments, can be booked as optional extras.

For the Catering Service, the Customer selects a date and time slot from a list of available options, and indicates the number of people attending the meal. This request will then be submitted to the establishment in question, subject to availability and with no obligation of result. The customer will be informed of the progress of the request in advance. Additional options can be included, or privatization can be arranged on request.

For wellness services, the customer has the option of requesting a service at the time of booking, which will then be validated by the practitioners according to their availability. The Service Provider undertakes to confirm or reject the customer's order within a reasonable period of time. These terms and conditions do not apply to SPA bookings for which special terms and conditions apply.

Cancellation terms and conditions are specified and accessible from the https://www.chalets-montdarbois.com/ website, as well as from the SPA tab on the General Terms and Conditions of Sale of the Provider's partner brand.

In the event of reservation of an ancillary service such as catering or wellness services, any service not consumed by the customer will not be subject to any reduction or refund, and will not entitle the customer to any deferment or compensation for the initial service, i.e. accommodation and its price. This validation implies acceptance of the present Terms and Conditions in their entirety, and constitutes proof of the sales contract.

An order is registered when the Customer accepts the present General Terms and Conditions of Sale and validates his/her order.

It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately. Pre-contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.

3.2 - Special provisions

The customer has a choice of two booking formulas. He chooses either a flexible reservation system, allowing him to modify and cancel his order free of charge, and to benefit from a reduced deposit to make his reservation; or the non-cancellable, non-refundable reservation system with prepayment. The sale of Services will only be considered definitive once the Vendor has confirmed acceptance of the order to the customer by e-mail, and once receipt of the deposit has been confirmed via the secure link sent.

The deposit amounts to 100% of the total order value at the time of booking for non-cancellable, non-refundable reservations with prepayment; and 50% of the total order value at the time of booking for flexible reservations. The customer pays the balance of the booking on site upon arrival.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

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

Any modifications or cancellations of the order by the Customer will only be taken into account by the Vendor within the limits of its possibilities and on condition that the Vendor is notified in writing.

When the Customer has booked a stay without the flexibility option, the Service order is non-modifiable, non-cancellable and non-refundable.

Otherwise, if the Customer has opted for a flexible booking option, this period is reduced to FOURTEEN (14) days before the Customer's arrival.

No refund will be made for cancellations made exclusively by the Customer less than FOURTEEN (14) days prior to the Customer's scheduled arrival date. The Vendor will retain the full amount of the deposit, and the Customer will be required to pay the remaining 50% of the price.

3.3 - Provisions concerning length of stay

No distinction is made between short and long stays. The same modification, refund and cancellation conditions apply.

3.4 - Provisions concerning group bookings

For group bookings, i.e. for FIVE (5) rooms or more, the customer must make the booking by e-mail to the sales department at sarnould@beyondplaces.com, who will then send the customer a quote and the terms and conditions applicable to groups.

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

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

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

In the event of cancellation of the order by the Customer, after its acceptance by the Vendor under the conditions set out above, for any reason whatsoever other than force majeure, the deposit paid at the time of order, as defined in the article "Terms of payment" of these General Terms and Conditions of Sale, will be automatically acquired by the Vendor and may not give rise to any reimbursement whatsoever.

In the event of interruption of the stay due to the customer's fault, the entire agreed price will be cashed. In the case of reservations with prepayment, no refund will be granted.

Article 4 - Prices :

The Services offered by the Service Provider are provided at the current prices shown on the Service Provider's website https://www.chalets-montdarbois.com/ and in accordance with the quotation drawn up by the Service Provider when the order is placed. Prices are expressed in Euros, exclusive of VAT.

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

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

Prices take into account any discounts granted by the Seller under the conditions specified on the https://www.chalets-montdarbois.com/ website . These prices are firm and non-revisable during their period of validity, as indicated on the website https://www.chalets-montdarbois.com/, the Vendor reserving the right, outside this period of validity, to modify prices at any time. Only the price indicated in the Company's booking confirmation is contractual.

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

An invoice is drawn up by the Vendor and given to the Customer upon provision of the Services ordered, or where applicable, at the end of the stay.

Any announcement of a price reduction shall indicate the price charged by the Service Provider prior to the application of the price reduction, this prior price being defined as the lowest price charged by the Service Provider to all Customers during the last THIRTY (30) days prior to the application of the price reduction.

Article 5 - Terms of payment :

The Services offered by the Service Provider are provided to the Customer in return for a fee.

Any sum paid in advance of the price shall bear interest at the legal rate from the expiry of a period of THREE (3) months from the date of payment until the date on which the service is provided (article L.214-2 of the French Consumer Code).

At the time of booking, the customer makes the payment directly and has the option of subscribing to different payment methods. Depending on the booking flexibility option subscribed to, a deposit will be taken from the customer's credit card, which is entered at the time of booking.

If the customer has opted for the flexible booking option, a deposit of 50% of the total cost of the booking will be debited from the customer's credit card at the time of booking. The balance must be paid on arrival.

Otherwise, if the customer has chosen to remain on the non-cancellable, non-changeable reservation system, a deposit of the full amount of the order will be deducted from the customer's credit card at the time of reservation.

On the day of arrival, the Customer will be authorized to open an account for any additional expenses incurred during his stay, and relating to his room number.

The balance of the price is payable in cash, on the day of provision of the said Services, under the conditions defined in the article "Provision of Services". The following payment methods are used:

- By credit card: CB, Visa, Mastercard, American Express;
- By bank transfer;
- By secure payment link;
- In cash in Euros, up to a maximum of ONE THOUSAND (1,000) Euros, in accordance with current legislation;

Payment by credit card is irrevocable.

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

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

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

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

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

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

Article 6 - Provision of services :

Services ordered by the customer, which include accommodation, will be provided no later than the day of arrival at the site; catering services and well-being services - which are not limited to the above - offered in addition and on quotation, will be provided no later than the day of departure of the customer, under the conditions set out in these General Terms and Conditions of Sale.

The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer on a best-efforts basis and within the timeframes specified above. However, these deadlines are given for information only.

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

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

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

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

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

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

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

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

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

Article 7 - Seller's liability - Warranties :

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

The customer benefits by right and without additional payment from the legal guarantee of conformity and the legal guarantee of hidden defects.

7.1 Legal warranty of conformity

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

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

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

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

It is also the Customer's responsibility to ask the Service Provider to bring defective Services into conformity or to supply a new, compliant Service free of charge. The defective Service shall be brought into conformity within a period not exceeding THIRTY (30) days following the Customer's request.

If the requested compliance is impossible, or involves disproportionate costs under the conditions set out in Article L.217-12 of the French Consumer Code, the Service Provider may refuse to comply.

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

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

Where the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request that the defective Services be made compliant or that a new compliant Service be supplied free of charge.

The price reduction is proportional to the difference between the value of the Service provided and the value of this Service in the absence of the lack of conformity.

In the event of cancellation of the sale, the Customer will be reimbursed for the price paid within the following FOURTEEN (14) days at the latest, using the same means of payment as that used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event without any additional costs.

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

7.2 Legal warranty against hidden defects

The Service Provider is liable for hidden defects within the scope of the legal warranty against hidden defects resulting from a design or manufacturing defect in the Services ordered.

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

7.3 Exclusion of warranties

The Vendor shall not be held responsible, nor shall it be deemed to have failed in its obligations, for any delay or non-performance resulting from :

- The occurrence of a case of force majeure. Force majeure is defined as "any event not related to the parties and which is both unforeseeable and insurmountable", which prevents either the customer or the hotelier from performing all or part of the obligations contained in the contract. It is expressly agreed that a situation of force majeure suspends the performance by the parties of their mutual obligations, and that each party will be required to pay the resulting costs.

- Failure to comply with the legislation of the country in which the Services are delivered, which the Customer is responsible for checking before placing an order;

In the event of misuse, i.e. use for professional purposes;

Article 8 - Intellectual property :

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

The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, which may be subject to a financial consideration.

Article 9 - Protection of personal data :

Pursuant to Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular. This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.

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

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

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

This right may be exercised in accordance with the terms and conditions set out on the https://www.chalets-montdarbois.com/ website .

If the customer finds that a breach of the General Data Protection Regulation has occurred, he may appoint an association or body mentioned in IV of article 43 ter of the 1978 French Data Protection Act, in order to obtain redress against the data controller or subcontractor before a civil or administrative court or before the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés).

Article 10 - Anticipation :

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.

Article 11 - Force majeure :

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

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive or exceeds a duration of 30 days, the present contract will be purely and simply terminated in accordance with the terms defined in the article "Termination for force majeure".

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

Article 12 - Enforcement in kind :

Notwithstanding the provisions of article 1121 of the French Civil Code, the Parties agree that in the event of either Party failing to meet its obligations, the defaulting Party may not seek enforcement, subject to the public policy provisions of article L.217-12 of the French Consumer Code.

In the event of non-performance of any of the obligations incumbent on the other Party, the Party suffering the default may request the termination of the contract in accordance with the terms and conditions set out in the article "Termination of the contract".

Article 13 - Termination of the contract :

13.1. Resolution of contract due to unforeseen circumstances

Notwithstanding the clause Resolution for failure by a party to meet its obligations set out below, termination due to the impossibility of performing an obligation that has become excessively onerous may only occur 15 days after receipt of a formal notice stating the intention to apply the present clause, served by registered letter with acknowledgement of receipt or by any extrajudicial act.

13.2 Termination of contract due to force majeure

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

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

13.3 Termination for failure of a party to perform its obligations

In the event of non-compliance by either Party with its respective obligations under the present contract, the contract may be terminated at the discretion of the aggrieved Party.

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

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

Article 14 - Provisions common to all cases of termination :

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

In any event, the injured party may apply to the courts for the award of damages.

Article 15 - Applicable law - Language of the contract :

These General Terms and Conditions of Sale and the transactions arising therefrom between the Service Provider and the Customer are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of dispute.

Article 16 - Disputes :

All disputes arising from the purchase and sale transactions concluded in application of these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved amicably between the Vendor and the Customer, will be submitted to the competent courts under the conditions of common law.

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

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

MTV MEDIATION TOURISME VOYAGE
CS 30958
75383PARIS cedex 08
info@mtv.travel

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

You are also reminded that, in accordance with Article 14 of Regulation (EU) n°254/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

Article 17 - Pre-contractual information - Customer acceptance :

The Customer acknowledges having been informed by the Service Provider in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L.111-1 of the French Consumer Code:

- On the essential characteristics of the Service, enabling him to acquire them with full knowledge of the facts. The Customer is required to refer to the description of each Service in order to know its properties and essential particularities;
- On the price of the Services and ancillary costs or, in the absence of payment of a price, on any benefit provided instead of or in addition to it and on the nature of this benefit;
- On the terms of payment, supply and performance of the contract;
- In the absence of immediate execution of the contract, on the date on which or the period within which the Service Provider undertakes to provide the Services ordered;
- On information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
- Information on legal and contractual warranties and how they may be invoked;
- On the existence of warranties and how they may be invoked (legal warranty of conformity, warranty for hidden defects, any commercial warranties) and, where applicable, on after-sales service;
- Termination and other important contractual terms and conditions and, where applicable, the costs of using remote communication technology, the existence of codes of conduct and financial deposits and guarantees;
- Accepted means of payment;
- The possibility of resorting to conventional mediation in the event of a dispute.

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

Article 18 - Liability :

The company declines all responsibility for theft, loss or damage to objects belonging to customers during their stay.

The Customer will be held responsible for any damage, deterioration or act of vandalism that may occur during the occupation of the premises and/or due to the act or fault of participants and/or staff for whom the Customer is responsible; to movable property, decorations and immovable property, whether belonging to the hotel or not.

Consequently, the Company is fully entitled to ask the Customer to leave the hotel without compensation and without reimbursement of the current stay, and to reimburse any damage caused by these acts.

Terms and Conditions of Sale on the Internet - Consumers

Article 1 - Designation of the Service Provider :

MONT D'ARBOIS EXPERIENCE, a simplified joint stock company with capital of 1,000.00 euros, headquartered at Domaine de Massane - 34 670 BAILLARGUES, registered with the Registre du Commerce et des Sociétés under no. 933 639 932 R.C.S. MONTPELLIER.

Phone: +33 (0)4 80 36 80 48
E-mail address: reservation@chalets-montdarbois.com
Website : https://www.chalets-montdarbois.com/

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

The present General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of accommodation, catering and wellness services ("The Services") offered by MONT D'ARBOIS EXPERIENCE, hereinafter referred to as "Les Chalets du Mont d'Arbois, Megève" ("The Vendor") to consumers and non-professional customers ("The Customers or the Customer") (Vendor and Customer also being referred to as "The Parties" or "a Party") on its Internet site https://www.chalets-montdarbois.com/.

In particular, they specify the conditions of use of the Vendor's site, of placing orders, of payment and of supply of Services ordered by Customers directly on the said site.

The main features of the Services, including all the substantial information required by the applicable regulations, are presented on the https://www.chalets-montdarbois.com/ website.

The customer is obliged to read them before placing any order. The choice and purchase of a Service are the sole responsibility of the Customer; the same applies to any additional Service booked on the https://www.chalets-montdarbois.com/ website.

The General Terms and Conditions of Sale are systematically communicated to all Customers prior to the conclusion of a contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document. They are accessible at all times on the https://www.chalets-montdarbois.com/ website.

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

They may be supplemented by special conditions, set out on the https://www.chalets-montdarbois.com/ website, prior to any transaction with the customer.

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

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

Les Chalets du Mont D'Arbois, Megève
447 Chemin de la Rocaille
74120 Megève
France

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

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

The Customer acknowledges having the capacity required to contract and acquire the Services offered on the https://www.chalets-montdarbois.com/ website.

Article 3 - Orders :

On the site, the customer selects the Services he wishes to order in terms of accommodation, catering and wellness services.

3.1 - General provisions

The customer selects the accommodation service on the site in the following way: by booking on the https://www.chalets-montdarbois.com/ website, having chosen the dates of stay, the number of people to be accommodated and the type of room required. Additional services, such as breakfast, half-board and SPA treatments, can be booked as optional extras.

The Vendor also offers an online reservation service via a dedicated catering website. From the website, the Customer selects a date, then a time slot from a list of availabilities presented, and indicates the number of people attending the meal. This request will then be submitted to the establishment in question, subject to availability and with no obligation of result. The customer will be informed of the progress of the request in advance. Additional options can be included, or privatization can be arranged on request.

Finally, the Vendor offers an online pre-booking service for wellness services. Customers should visit the https://www.chalets-montdarbois.com/ website and select the SPA tab. The customer can fill in a pre-application form for a wellness service, which will then be validated by the practitioners according to their availability. The Vendor undertakes to confirm or reject the Customer's order within a reasonable period of time. These terms and conditions do not apply to SPA bookings for which special terms and conditions apply.

In the event of a reservation for an ancillary service such as catering or well-being services, any service not consumed due to the customer's fault will not be subject to any reduction or refund, and will not entitle the customer to any deferral or compensation for the initial service, i.e. accommodation and its price.

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

This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.

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

Pre-contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.

3.2 - Special provisions

When booking on the https://www.chalets-montdarbois.com/ website, customers can choose between two booking formulas. They can choose either a flexible booking system, which allows them to modify and cancel their order free of charge, and to benefit from a reduced deposit to make their booking; or a non-cancellable, non-refundable booking system with prepayment. The sale of Services will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order, by e-mail, and once receipt of the deposit has been confirmed via the secure link sent.

Any order placed on the https://www.chalets-montdarbois.com/ website constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

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

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

When the Customer has booked a stay without the flexibility option, the Service order is non-modifiable, non-cancellable and non-refundable.

Otherwise, if the Customer has opted for a flexible booking option, this period is reduced to FOURTEEN (14) days before the Customer's arrival.

No refunds will be made for cancellations made exclusively by the Customer less than FOURTEEN (14) days prior to the Customer's scheduled arrival date. The total amount of the reservation will be retained by the Vendor.

3.3 - Provisions concerning length of stay

No distinction is made between short and long stays. The same modification, refund and cancellation conditions apply.

3.4 - Provisions concerning group bookings

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

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

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

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

In the event of interruption of the stay due to the customer's fault, the entire agreed price will be cashed. In the case of reservations with prepayment, no refund will be granted.

Article 4 - Prices :

The Services offered by the Vendor are provided at the prices in force, as shown on the website https://www.chalets-montdarbois.com/ and according to the quotation drawn up by the Vendor, when the order is registered by the Vendor. Prices are expressed in Euros, exclusive of VAT.

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

They do not include processing and administration costs, which are invoiced in addition, under the conditions indicated on the https://www.chalets-montdarbois.com/ website and calculated before the order is placed.

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

An invoice is drawn up by the Vendor and given to the Customer upon provision of the Services ordered, or where applicable, at the end of the stay.

Article 5 - Terms of payment :

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

Any sum paid in advance of the price shall bear interest at the legal rate for a period of THREE (3) months from the date of payment until the date of delivery of the service (art. L.214-2 of the French Consumer Code).

At the time of booking, the customer pays directly online using a secure service provider and a secure authentication method (3DS stripe), enabling him to pay by credit card. A deposit will be deducted from the customer's credit card.

Otherwise, if the customer has chosen to remain on the classic reservation system, a deposit of the full amount of the order will be taken at the time of reservation.

Depending on the booking flexibility option selected, a deposit will be debited from the customer's bank account, as indicated at the time of booking.

On the day of arrival, the Customer will be authorized to open an account for any additional expenses incurred during his stay, and relating to his room number.

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

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

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

Payment by credit card is irrevocable.

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

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

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

Article 6 - Provision of services :

Services ordered by the Customer which include accommodation will be provided no later than the day of arrival on site; catering services, as well as well-being services - which are not limited to the above - offered in addition and on quotation, will be provided no later than the day of departure of the Customer on site, under the conditions set out in these General Terms and Conditions of Sale.

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

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

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

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

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

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

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

It is reminded that the absence of reservations formulated by the Customer at the time of delivery of the Products does not exonerate the Vendor from the guarantee of conformity, as described below.

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

Article 7 - Contract termination :

Please note that, in accordance with legal provisions, the contract may be terminated electronically if the contract has been concluded electronically or if, on the date of termination, the Seller offers customers the possibility of concluding contracts electronically.

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

Article 8 - Right of withdrawal :

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

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

Article 9 - Seller's liability - Warranties :

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

The customer benefits by right and without additional payment from the legal guarantee of conformity and the legal guarantee of hidden defects.

9.1 Legal warranty of conformity

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

The Services provided through the Vendor's https ://www.chalets-montdarbois.com/ website comply with the regulations in force in France. The Vendor cannot be held responsible for any failure to comply with the legislation of the country in which the Services are provided, which it is the responsibility of the Customer, who is solely responsible for the choice of Services requested, to check.

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

It is also the Customer's responsibility to ask the Vendor to bring defective Services into conformity or to supply a new, conforming Service free of charge. The defective Service will be brought into conformity within a period not exceeding THIRTY (30) days following the Customer's request.

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

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

Where the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to request prior compliance of the defective Services or the free supply of a new, compliant Service.

The price reduction is proportional to the difference between the value of the Service provided and the value of this Service in the absence of the lack of conformity.

In the event of cancellation of the sale, the Customer will be reimbursed for the price paid within the following fourteen days at the latest, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.

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

9.2 Legal warranty against hidden defects

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

9.3 Exclusion of warranties

The Vendor shall not be held responsible, nor shall it be deemed to have failed in its obligations, for any delay or non-performance resulting from :

- Failure to comply with the legislation of the country in which the Services are delivered, which the Customer is responsible for checking before placing an order;

In the event of misuse, i.e. use for professional purposes ;

Article 10 - Protection of personal data :

This data may be communicated to any of the Vendor's partners responsible for executing, processing, managing and paying for orders.

This right may be exercised in accordance with the terms and conditions set out on the https://www.chalets-montdarbois.com/ website .

Article 11 - Intellectual property :

The content of the https://www.chalets-montdarbois.com/ website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

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

Article 12 - Anticipation :

Article 13 - Force majeure :

Article 14 - Applicable law - Language :

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

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

Article 15 - Disputes :

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

MTV MEDIATION TOURISME VOYAGE
CS 30958
75383PARIS cedex 08
info@mtv.travel

Article 16 - Pre-contractual information - Customer acceptance :

The Customer acknowledges having been informed, prior to the placing of the order and the conclusion of the sale, by the Vendor, in a legible and comprehensible manner, by making available these General Terms and Conditions of Sale and in accordance with the provisions of Article L.221-5 of the French Consumer Code:

- On the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- On the price of the Services and ancillary costs or, in the absence of payment of a price, on any benefit provided instead of or in addition to it and on the nature of this benefit;
- On the terms of payment, supply and performance of the contract;
- In the absence of immediate execution of the contract, on the date on which or the period within which the Service Provider undertakes to provide the Services ordered;
- On the identity of the Vendor, his postal, telephone and electronic contact details, and his activities, if they are not apparent from the context;
- legal and contractual guarantees and how they are to be implemented;
- the right of withdrawal (existence, conditions, deadline, how to exercise this right and standard withdrawal form), cancellation procedures and other important contractual conditions and, where applicable, the costs of using remote communication technology, the existence of codes of conduct and financial deposits and guarantees;
- the possibility of resorting to conventional mediation in the event of a dispute.

The fact that the Customer places an order on the https://www.chalets-montdarbois.com/ website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Vendor.

Article 17 - Liability

The company declines all responsibility for theft, loss or damage to objects belonging to customers during their stay.

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

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