GENERAL TERMS AND CONDITIONS OF SALE – SERVICES

These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) are available at any time on the Hotel’s Website and shall prevail, where applicable, over any other version and/or any conflicting document. Any Booking constitutes the Customer’s unconditional acceptance of the GTC, the Customer declaring and acknowledging that they have read and fully understood them prior to making any Booking or purchase and, as a result, waiving the right to rely on any conflicting document.

1. SCOPE – PURPOSE

These GTC apply, without restriction or reservation, to any Booking or purchase of one or more Service(s) offered by the Company to the Customer, regardless of the distribution channel used for the Booking or purchase (Website or otherwise).

2. DEFINITIONS

For the purposes of the performance of the Contract, and unless otherwise expressly provided herein, terms beginning with a capital letter shall have the following meanings:

• “Brochure(s)”: means any commercial document prepared for the purpose of presenting the Services and their main characteristics to the Customer; - “GTC”: means these General Terms and Conditions of Sale;
• “Customer”: means any individual booking one or more Services in their own name or as a principal, such Booking being made by the Customer as a non-professional consumer;
• “Booking Confirmation”: means the summary of the characteristics of the Services booked by the Customer;
• “Contract”: means the GTC, the Booking Confirmation and any appendices thereto;
• “Hotel”: means the establishment owned by the Company, located at 1 avenue du Château Hébert, 35800 DINARD, where the Services are provided;
• “Party(ies)”: means jointly or individually the Customer and/or the Company;
• “Marine Circuit”: means the indoor and outdoor pools containing all the areas equipped with massage jets and bubble and whirlpool baths;
• “Service(s)”: means the rental of hotel rooms, provision of breakfast, meals and/or Thalassotherapy Treatment Programmes and spa treatments, and/or any other service provided by the Company, whether such services are taken separately or together, and whose essential characteristics are presented in the Brochure(s) and on the Website(s);
• “Treatment Programme(s)”: means all thalassotherapy treatment programmes offered by the Company;
• “Booking”: means the act by which the Customer books one or more Services;
• “Website(s)”: means the website presenting the Services and enabling the Customer to make an online Booking, accessible at the following address: https://www.emeriadinard.com;
• “Company”: means the company “HOTEL LA FALAISE DINARD”, more fully identified at the end of these GTC.

3. ENFORCEABILITY – AMENDMENTS TO THE GTC

These GTC may be amended and/or supplemented by the Company at any time and without prior notice. Such amendments shall apply to any Booking made after the amendments have been implemented. Only the GTC in force on the Website and, where applicable, provided to the Customer at the time of their Booking shall be enforceable against the Customer.

4. PRE-CONTRACTUAL INFORMATION

4.1. The Customer declares that they have been able to obtain, through the Brochure(s) and/or Website(s) made available by the Company, information concerning the main characteristics of the Services, including the following information (without this list being exhaustive):

• Legal information relating to the Company and the Hotel’s contact details;
• The essential characteristics of the Services offered;
• The financial terms and “from” prices;
• These GTC, including the payment terms and the absence of a right of withdrawal.

The Customer is informed that the Company enters into partnership agreements with third-party travel service providers in order to enable Customers, by using the services offered by these partners on their websites, to search for, select and book Services offered by the Company. Any Booking made under these conditions implies that the Customer has read and fully and unconditionally accepted the specific terms and conditions of the service provider, the terms and conditions applicable to the booked rate and these GTC.

4.2. The Customer also declares that they have been able to obtain from the Company and its staff all necessary and/or additional information concerning each of the Services offered, the Booking procedures and conditions, as well as these GTC, such that they were able to make their Booking with full knowledge of the facts. The Customer is solely responsible for the choice of Services booked and their suitability to their needs, and the Company shall not be held liable in this respect.

5. ACCEPTANCE OF THE GTC – BOOKING

5.1. The Customer (i) declares that they have full legal capacity to enter into a contract, book and purchase the Services and to undertake obligations under these GTC, and (ii) acknowledges that they have been fully informed that validation of the Booking constitutes acceptance of the GTC.

5.2. Any Booking made on the Hotel’s Website or by any other means necessarily implies that the Customer has first read and fully and unconditionally accepted these GTC, which the Customer expressly acknowledges. The Customer undertakes to comply with these GTC and also acknowledges that, by accepting these GTC, they expressly accept the provisions of the Personal Data Protection Policy available on the Hotel’s Website. Consequently, the Customer waives the right to rely against the Company on any other conflicting document.

5.3. The Customer declares that the Booking is made for their personal needs. If the Services are booked for any other purpose (professional, commercial, self-employed activity, etc.), the Customer acknowledges that they may not rely on either the specific rights granted to consumers or these GTC.

6. BOOKING SERVICES

6.1. The Customer may make a Booking by calling the Hotel on +33 (0)2 99 16 78 10 (local call rate in France and international call rate from abroad), by connecting to the following address: https://www.emeriadinard.com, or directly through the Company’s staff.

6.2. Regardless of the Booking channel, the Customer undertakes to provide all information concerning them and necessary for their Booking. The Customer certifies that the information provided is true and accurate. Should it become apparent that the information provided by the Customer is incorrect, the Company may refuse to provide the Services and, where applicable, claim damages to compensate for any loss suffered as a result. The Customer is responsible for checking the accuracy of their Booking and immediately notifying the Company of any error, omission and/or inaccuracy.

6.3. The Company reserves the right, without prior notice or compensation, to temporarily or permanently close the Website(s), the online Booking area and/or telephone Booking service. The Company shall not be held liable for any damage of any kind that may result from such changes and/or the temporary or permanent closure of all or part of its Booking services.

7. BOOKING CONFIRMATION

7.1. With regard to the Customer, the Booking shall be deemed accepted upon completion of the Booking validation process and shall constitute acceptance of the GTC.

7.2. With regard to the Company, the Booking shall only become final once the deposit due from the Customer has been received. In the absence of payment of the deposit, the Company cannot guarantee the availability of the Services and shall under no circumstances be held liable in this respect, for any reason whatsoever. It is expressly specified that the deposit shall under no circumstances be considered as a deposit in the nature of earnest money (“arrhes”), which the Customer expressly accepts. The amount of the deposit varies according to the nature of the Services booked by the Customer and shall be communicated by the Company to the Customer at the time of Booking.

7.3. Once the deposit has actually been received by the Company, the Booking Confirmation shall be sent to the Customer in writing (by post or email) to the address provided by the Customer in their Booking request, or handed directly to the Customer on site. The Booking Confirmation shall include, in particular (without this list being exhaustive): the Services booked, the price, where applicable, the specific terms and conditions of sale applicable to such Services, the Booking date, information concerning the procedures for modification or cancellation, and any commercial guarantees.

8. PROMOTIONAL OFFERS

8.1. Booking a promotional stay may require the Customer to immediately pay a deposit of up to 100% of the total price including VAT of the Services booked. The amount of the deposit payable by the Customer shall be brought to their attention for each promotional offer prior to any Booking.

It is expressly specified that a promotional stay Booking is (i) non-cancellable, non-refundable and non-modifiable, (ii) subject to the specific terms and conditions of the promotional offer, and (iii) subject to the Hotel’s availability with regard to the number of rooms allocated to such promotion. The Customer declares that they are fully aware of this situation and agree to bear the consequences personally, without recourse against the Company.

8.2. Certain promotional offers may only be available on the Website, which the Customer expressly accepts.

9. RATES AND PRICES OF SERVICES

9.1. The Customer acknowledges having been informed that the rates communicated by the Company in its Brochure(s) and/or on its Website(s) are “from” prices and are therefore not definitive. The prices issued are determined through a dynamic pricing management practice. They may therefore depend on several factors, including, but not limited to: the Booking date, the stay date, the period between these two dates, etc., and may be unilaterally amended by the Company at any time without prior notice. Before each Booking, the Company shall confirm the applicable price according to the Services and stay dates selected by the Customer.

9.2. The price actually paid by the Customer shall be the price stated on the Booking Confirmation and, unless otherwise indicated, shall not include:

• The tourist tax, which shall be paid directly on site by the Customer to the Company’s staff;
• Any tax that may apply due to the Hotel’s geographical location, which the Customer expressly accepts;
• The cost of accommodating pets in accordance with the terms of the Hotel’s internal regulations;
• Cancellation insurance relating to the Booking, where taken out by the Customer;
• Beverages;
• Transport and transfers;
• Meals and/or breakfasts not included in the selected package;
• Children’s meals;
• Paid activities (details of these activities and their prices are available upon request from the Company’s staff);
• And, more generally, all additional services and personal expenses not included in the description of the Services.

The “non-curist accompanying guest” or “accompanying guest without treatment” rate is valid only for a person sharing a room with a curist or a person undertaking a Treatment Programme. Any accompanying guest without treatment must contact the Hotel directly to find out whether they may access the Hotel’s facilities and under what pricing conditions.

Free access to certain Hotel activities and facilities (subject to the Company expressly stating this) and the provision of accessories (in particular bathrobes and towels) are subject to availability.

9.3. Any Service included in a package that is not used shall not give rise to any deduction, reduction and/or refund, which the Customer expressly accepts.

9.4. Prices are displayed in euros, per person, including all taxes (VAT included), and are valid only for the date and duration stated on the Booking Confirmation. Prices take into account the VAT rate applicable on the date of invoicing and according to the nature of the Service concerned; any change in this rate shall automatically be reflected in the prices indicated. In the event that a new tax is introduced or the tax regime of an existing tax is amended, the rates and/or prices shall be amended accordingly.

9.5. All Bookings, regardless of their origin, are payable in euros. If a rate provides for payment of the balance or the total price of the Services at the Hotel upon the Customer’s arrival or departure, and the Customer’s currency differs from that of the Hotel, the amount charged by the Hotel may differ from the amount communicated at the time of Booking due to possible exchange-rate fluctuations between the Booking date and the Customer’s stay at the Hotel. The Customer declares that they are fully informed of this situation and agree to bear the consequences personally.

9.6. Treatment Programmes (with or without accommodation) include a number of treatments per day that varies according to the type of programme selected by the Customer at the time of Booking (scheduled either in the morning or in the afternoon on alternating days, unless otherwise stated). Each Treatment Programme is described on the Hotel’s Website. All Services including accommodation and a Treatment Programme are offered either with breakfast, half board, or traditional or dietary full board, depending on the Services booked.

9.7. Accommodation and breakfast are free of charge for any child up to the day before their twelfth (12th) birthday on the date of arrival at the Hotel, subject to:

• The child having been mentioned at the time of Booking;
• The child sharing a room with at least one (1) person paying the adult rate under a breakfast-inclusive package.

The Company shall be entitled to request from the Customer, at the time of Booking or upon arrival at the Hotel, any identity document required to verify the age of the accompanying child.

10. PAYMENT METHODS

The Customer may use the following payment methods, within the limits provided by law and subject to optimal security:

• Cash, up to the legal limit applicable on the date of payment;
• Bank card (Visa, Eurocard/Mastercard, American Express debit or credit card, etc.);
• Bank transfer;
• Bank or postal cheque. Cheques are deposited upon receipt. Only French cheques are accepted;
• Gift vouchers issued by the Hotel;
• Any gift cheques (and gift cards) accepted by the Hotel at the time of payment (please contact the Hotel for the list of accepted gift cheques);
• French holiday vouchers (“Chèques-Vacances”).

It is expressly specified that only bank cards and bank cheques shall be accepted as payment methods for the deposit payable by the Customer at the time of Booking, unless expressly authorised to use another payment method.

11. BANK GUARANTEES

11.1. At the time of Booking or upon arrival at the Hotel, the Customer shall provide the Company’s staff with their bank details. Such data shall be stored securely by the Company in strict compliance with the provisions relating to personal data. The Customer must present at the Hotel the bank card used to guarantee their Booking. At its sole discretion, the Hotel may request the Customer to present an identity document for the purpose of preventing bank card fraud.

11.2. Subject to prior information being provided to the Customer, the Company may also, at the time of Booking or upon arrival at the Hotel, request authorisation from the Customer’s bank to charge their bank card (hereinafter the “Pre-Authorisation”) in order to guarantee payment for the Services. It is expressly specified that a Pre-Authorisation is not an immediate charge but constitutes a payment reservation for a future transaction, authorised by the Customer’s bank, which temporarily reduces the spending limit of the bank card used in order to guarantee the possibility of a subsequent charge. The Pre-Authorisation may amount to the total price including VAT of the Booking, plus an additional fixed amount to cover any expenses incurred by the Customer on site and not included in the Booking. This fixed amount is determined by the Company according to the number of persons and the number of nights booked.

Where a Pre-Authorisation has been requested by the Company and confirmed by the Customer’s bank, the treatment of such Pre-Authorisation shall depend on the following circumstances:

• 1. At the end of their stay, the Customer pays the Company’s staff directly for all Services and any taxes and/or additional services due in connection with their stay: the Company shall automatically request the release of the Pre-Authorisation from the Customer’s bank;
• 2. The Customer pays the Company for the Services booked but does not, at the end of their stay, pay the balance of any taxes and/or additional services due in connection with their stay: the Company shall submit to the Customer’s bank a request to charge the balance of the sums remaining due by the Customer;
• 3. The Customer cancels their Booking more than twenty-one (21) days before their arrival date: the Company shall automatically request the release of the Pre-Authorisation from the Customer’s bank, subject to the Customer paying the administrative fees relating to such cancellation as provided for in Section 13 below;
• 4. The Customer cancels their Booking less than twenty-one (21) days before their arrival date and the deposit paid by the Customer is insufficient to cover the cancellation fees provided for in Section 13 below: the Company shall submit to the Customer’s bank a request to charge the amount due in respect of the cancellation, after deduction, where applicable, of the deposit paid at the time of Booking;
• 5. The Customer does not arrive at the Hotel on the first day of their Booking without having previously informed the Company: the Company shall submit to the Customer’s bank a request to charge the total price including VAT of the Services booked as stated on the Booking Confirmation, after deduction, where applicable, of the deposit paid at the time of Booking.

It is expressly specified that the release of the pre-authorised amount (or refund) takes an average of twenty-four (24) to forty-eight (48) hours and may take seven (7) business days or longer, depending on the Customer’s bank.

12. PAYMENT FOR SERVICES

Upon departure, the Customer undertakes to pay at the Hotel reception desk or, where applicable, at the reception desk of the treatment and fitness area, for all Services booked and, where applicable, all taxes, additional services and/or additional expenses incurred in connection with their stay.

13. CANCELLATION OF THE BOOKING BY THE CUSTOMER

13.1. In accordance with Article L.221-28 12° of the French Consumer Code, the Customer has no right of withdrawal, which they expressly acknowledge. The Contract is therefore definitively concluded as soon as the Customer makes the Booking in accordance with the procedures set out in these GTC. Unless expressly and separately agreed in writing for certain booked rates, the terms and conditions for cancellation and/or modification of any Booking are set out in Section 13.2 below.

13.2. As a contractual penalty, failure to perform the Contract due to the total or partial cancellation of the Booking at the Customer’s request shall result in the Customer being charged a fixed amount determined according to the circumstances and procedures set out below. It is expressly specified that any total or partial cancellation requested by the Customer must be notified to the Company in writing (by post or email).

• 1. If the cancellation takes place more than twenty-one (21) days before the arrival date: the Booking may be cancelled without any compensation being due. However, in this case, the Company shall charge the Customer a fixed administrative fee of fifty euros (€50.00) per person staying at the Hotel.
• 2. If the cancellation takes place between the twenty-first (21st) day and the eighth (8th) day before the arrival date: the Company shall charge the Customer fifty percent (50%) of the total price including VAT of the Services booked.
• 3. If the cancellation takes place between the seventh (7th) day and the third (3rd) day before the arrival date: the Company shall charge the Customer seventy-five percent (75%) of the total price including VAT of the Services booked.
• 4. If the cancellation takes place less than three (3) days before the arrival date: the Company shall charge the Customer one hundred percent (100%) of the total price including VAT of the Services booked.

13.3. Payment of the amounts due by the Customer under this clause shall be made according to the following circumstances and procedures:

If a deposit was paid by the Customer at the time of Booking, the Company shall retain it in full. However, if the deposit paid at the time of Booking exceeds the amounts due by the Customer under this Section, the Company undertakes to refund the remaining balance to the Customer as soon as possible following cancellation of the Booking. If no deposit was paid, or if the deposit paid by the Customer at the time of Booking is insufficient, the Company may recover its claim according to the following circumstances and procedures: If a Pre-Authorisation was granted by the Customer and their bank at the time of Booking, the Company shall request directly from the Customer’s bank that the remaining amount due by the Customer be charged; If no Pre-Authorisation was granted by the Customer and their bank at the time of Booking, the Company shall send the Customer an invoice for the amount due. The Customer must pay such invoice within a maximum period of thirty (30) days from receipt. Failing this, the Company reserves the right to take any necessary action, at the Customer’s sole expense, to recover the full amount owed.

13.4. By way of derogation from Section 13.2 above:

If the Booking concerns a non-cancellable, non-refundable and non-modifiable rate (including promotional offers and Early Booking offers): the Customer shall be liable to the Company for one hundred percent (100%) of the total price including VAT of the Services booked, regardless of the date on which cancellation is requested by the Customer. The amounts due by the Customer in this respect shall become payable immediately upon cancellation and shall be settled according to the same procedures as those set out in Section 13.3 above. If the Booking concerns a “Flexible” rate: the Customer may cancel their Booking without compensation or fees, subject to the conditions and within the timeframe specified at the time of Booking. For any cancellation made after this deadline or in the event of a no-show, the Company shall charge the Customer one hundred percent (100%) of the total price including VAT of the first night booked, payable according to the same procedures as those set out in Section 13.3 above.

13.5. If the Customer interrupts and/or does not use one or more Services during their stay, for any reason whatsoever, including failure to attend or arriving late at the appointment location, they shall remain liable for all amounts due in respect of such Services and shall pay them upon departure.

13.6. In any event, in the event of cancellation or no-show by the Customer, the Company shall be entitled to put the booked Services back on sale; such resale shall not entitle the Customer to any refund or compensation whatsoever. In the event of a no-show by the Customer, the Company shall put the accommodation Services back on sale at noon (12:00 p.m.) on the day following the arrival date stated in the Booking.

13.7. Any amount refunded by the Company to the Customer shall be paid as soon as possible following receipt by the Company of the cancellation request (unless the Customer prefers to receive a credit note) by crediting the Customer’s bank account.

13.8. The Customer may take out cancellation insurance covering cancellation risks with an independent provider proposed by the Company at the time of Booking. In order to take out cancellation insurance, the Customer must expressly request it when making the Booking. It is expressly specified that, if the insurance premium has not been fully paid to the insurance company, the Customer shall not be covered by the cancellation insurance and no claim may be made by the Customer in this respect. In any event, in the event of any dispute and/or claim relating to such insurance, the insurance company shall remain the Customer’s sole point of contact. Under no circumstances and for no reason whatsoever shall the Company be held liable for any damage and/or loss suffered by the Customer as a result of taking out such insurance (including, in particular, if the insurance company refuses to compensate the Customer in connection with a cancellation), which the Customer expressly accepts.

14. MODIFICATION OF THE BOOKING BY THE CUSTOMER

14.1. Any request to modify a Booking may only be made by the Customer provided that the Booking Confirmation expressly states that the Customer is entitled to make such modification. Otherwise, the Booking shall be deemed non-modifiable.

14.2. Any modification requested by the Customer may be taken into account by the Company, in accordance with these GTC, only (i) provided that it is notified in writing (by post or email), (ii) subject to the Hotel’s availability and (iii) provided that the conditions and deadlines set out below are complied with:

More than twenty-one (21) days before the arrival date: the Company shall charge the Customer no modification fee; Between twenty-one (21) and three (3) days before the arrival date: the Company shall charge the Customer an administrative fee of fifty euros (€50.00) per person staying at the Hotel; Less than three (3) days before the arrival date: no request for modification may be accepted by the Company.

If the modification requests concern postponing the Customer’s stay dates at the Hotel, extending the stay, increasing the number of persons or purchasing an additional Service, only the price of these modifications shall be charged as an additional amount.

14.3. By way of derogation from Section 14.2 above:

If the Booking concerns a “Flexible” rate: the Customer may modify their Booking without compensation or fees, subject to the conditions and within the timeframe specified at the time of Booking. For any modification made after this deadline, the Company shall charge the Customer one hundred percent (100%) of the total price including VAT of the first night booked.

14.4. Where possible, the Company shall endeavour to accommodate modification requests made by the Customer. However, the Company shall not be held liable if the modifications requested by the Customer cannot be accommodated.

14.5. The Customer may not transfer their Booking to a third party under any circumstances or for any reason whatsoever, whether free of charge or for consideration.

15. RELOCATION / POSTPONEMENT OF STAY

In the event that the Hotel is unavailable, in the event of force majeure, a technical problem and/or for any other reason, the Company may:

1. Arrange for the Customer to be accommodated, wholly or partially, in an establishment of equivalent category (where possible); all related costs shall be borne by the Company, which shall not be liable for any additional compensation; or
2. Postpone the stay under the same conditions as those of the original Booking. The new stay date shall be determined by mutual agreement between the Parties, at no additional cost to the Customer. If the Customer refuses to postpone the stay, the stay shall be cancelled and any deposit paid shall be refunded to the Customer without any further compensation.

In the event of works at the Hotel resulting in the closure of the Hotel and/or the thalassotherapy centre, the provisions of this Section shall apply.

16. CONDITIONS RELATING TO THE CUSTOMER’S STAY AT THE HOTEL

16.1. Hotel Internal Regulations

The Customer accepts and undertakes to comply with the Hotel’s internal regulations (hereinafter the “Internal Regulations”), particularly with regard to access to the Hotel’s various services and areas, which the Customer declares to have read prior to making the Booking. In the event of the Customer’s failure to comply with one or more provisions of the Internal Regulations, the Company shall be obliged to ask the Customer concerned to leave the Hotel without any compensation or refund. If payment has already been made by the Customer, the Customer shall remain liable for all amounts due in respect of their Booking, as well as any taxes and/or additional Services due in connection with their stay.

The Hotel is a non-smoking establishment. The Customer shall be liable for any direct and/or indirect damage resulting from smoking in the Hotel and shall consequently be liable for the full cost of cleaning and restoring the damaged item or area to its original condition.

16.2. Pets

The Hotel allows pets to stay under the conditions set out in the Hotel’s Internal Regulations.

16.3. Room Availability

Booked rooms are made available to Customers from 4:00 p.m. (16:00) and must be vacated no later than 12:00 p.m. (noon) on the day of departure. Any extension beyond these times may be subject to an additional charge by the Company at the applicable rates.

Rooms are made available to Customers on a named basis and for their personal use. It is prohibited to rent or sublet such rooms to a third party.

16.4. Hygiene and Safety Measures

For hygiene reasons, access to the pool, treatment and fitness areas requires the wearing of non-slip sandals or disposable flip-flops. Wearing a swimming cap in the pool areas is also strongly recommended. For hygiene reasons, the wearing of any clothing or swim shorts is prohibited in the Hotel’s swimming pools; only swimsuits (for swimming) or swim briefs/shorties are permitted, and their use is mandatory in all pool and treatment areas. In addition, persons undertaking a Treatment Programme are advised to bring two (2) swimsuits, as well as suitable sportswear and footwear.

17. CONTRAINDICATIONS

The Hotel does not provide any medical care or assistance. Accordingly, before booking a Treatment Programme and/or accessing the Hotel’s pool, treatment or fitness areas, the Customer acknowledges having previously received from their attending physician and/or the Hotel’s staff all useful information concerning contraindications relating to the Treatment Programme or access to any of the Hotel’s pool, treatment or fitness areas, and, depending on the Treatment Programme, activity or treatment selected, having received a health waiver, contraindication form and/or health questionnaire. It is the Customer’s responsibility to inform the Hotel’s staff of any contraindications that should be taken into account when providing such treatments and/or granting access to such areas.

The Company reserves the right, in view of certain activities carried out at the Hotel and in order to ensure the Customer’s safety, to adapt the treatment or Treatment Programme selected in order to take into account any contraindication, or to require a medical certificate confirming the absence of contraindications from any person who fails to provide the required health information.

The Customer acknowledges having been informed that thalassotherapy treatments are intended exclusively for adults aged eighteen (18) and over. Only certain beauty and massage treatments are available to minors over six (6), subject to the conditions set out in the Internal Regulations.

18. LIABILITY

18.1. The Services offered comply with the French legislation in force. The Company shall not be held liable for any failure to comply with the legislation of a third country.

18.2. The Company shall not be held liable for failure to perform a Service in the event of force majeure or due to an act or omission by a third party or the Customer.

18.3. Photographs shown in the Brochure(s) are not contractual and are provided for information purposes only. The Customer may not make any claim on this basis.

18.4. The Customer shall be solely responsible for any direct or indirect material or bodily damage caused during their stay and/or during the provision of treatments. By accepting these GTC, the Customer declares that they have taken out, for the entire duration of the Contract, a civil liability insurance policy with a reputable and financially solvent insurance company covering any damage they may cause during or as a result of the performance of the Contract.

18.5. Personal belongings belonging to the Customer left in the Hotel room, in particular outside the safe, or in the Hotel’s public areas, shall remain entirely under the Customer’s responsibility. The Hotel shall not be held liable for the loss, theft, deterioration or damage of such belongings.

18.6. The Company shall incur no liability for any indirect damage arising from these GTC, including loss of business, acts or omissions of third parties, acts or omissions of the Customer or acts or omissions of its partners.

18.7. Any Booking or payment that is irregular, invalid, incomplete or fraudulent for a reason attributable to the Customer shall result in cancellation of the Booking at the Customer’s expense, without prejudice to any civil or criminal proceedings that may be brought against the Customer.

19. PROTECTION OF PERSONAL DATA – CONFIDENTIALITY

19.1. The Customer acknowledges having been informed of the electronic processing of personal data carried out by the Company in connection with the performance of the Contract.

For information purposes, the Company reminds the Customer that the information collected (Customer identity data, contact details, financial data, commercial data, health and well-being data, etc.) at the time of Booking is used, in particular (without this list being exhaustive), for the following purposes:

• Managing Booking requests;
• Securing payment transactions for the Services;
• Managing the purchase of gift vouchers, gift boxes, treatments and products (non-exhaustive list);
• Managing the Customer’s stay at the Hotel;
• Providing Treatment Programmes, treatments and activities offered by the Hotel;
• Improving the Services;
• Managing any complaints relating to the Booking.

Such data shall only be retained for as long as necessary for the purposes for which it is processed.

Access to personal data is strictly limited to authorised staff who need to process it as part of their duties, as well as the Company’s service providers or subcontractors. Data may also be disclosed to the competent authorities upon request or in order to comply with other legal obligations.

Except in the cases mentioned above, the Company undertakes not to sell, rent, transfer or grant third parties access to the data without the Customer’s prior consent, unless legally required to do so for a legitimate reason.

The Company undertakes to ensure the security and confidentiality of the Customer’s personal data by implementing appropriate technical and organisational measures to prevent its loss, accidental destruction, misuse and unauthorised access.

If the data is transferred outside the European Union, the Customer shall be informed and the safeguards implemented to secure the data (for example, the external service provider’s adherence to the “Privacy Shield”, the adoption of standard data protection clauses approved by the CNIL, the adoption of a code of conduct, obtaining CNIL certification, etc.) shall be specified to them.

In accordance with applicable regulations, the Customer has the right to access, rectify, erase and port their personal data, as well as the right to object to the processing of their data on legitimate grounds. Any request should be sent to the following address: contact@emeriadinard.com. In the event of a complaint, the Customer may lodge a complaint with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL).

19.2. Information provided by the Customer in connection with their Booking and the provision of the Services shall remain strictly confidential.

20. INTELLECTUAL PROPERTY

The content of the Hotel’s Brochure(s) and Website, and more generally all elements belonging to the Company or its rights holders, such as photographs, images, literary texts, artistic works, trademarks, graphic guidelines and logos, are the property of the Company and its partners and are protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence. Any use not expressly authorised in writing in advance by the Company is prohibited and constitutes an infringement.

21. FORCE MAJEURE

Force majeure means any event external to the Parties that is both unforeseeable and unavoidable and prevents either the Customer or the Company from performing all or part of the obligations provided for in the Contract. Events considered to constitute force majeure or unforeseen circumstances are those generally recognised as such by French case law.

Neither Party shall be held liable to the other Party for failure to perform its obligations resulting from an event of force majeure. It is expressly agreed that force majeure shall suspend the performance of the Parties’ respective obligations and that each Party shall bear the costs arising therefrom. The Parties shall use all reasonable efforts to prevent or mitigate the effects of any failure to perform the Contract caused by an event of force majeure. The Party wishing to invoke an event of force majeure shall immediately notify the other Party of the beginning and end of such event. If the event of force majeure continues for more than one (1) month, the Contract may be terminated automatically, without compensation, by either Party.

22. COMPLAINTS – APPLICABLE LAW – JURISDICTION

22.1. Complaints relating to the non-performance and/or improper performance of the Contract should, in order to facilitate their processing, be made in writing (by post or email) and sent to the Hotel. The costs of sending the complaint (by post or email) shall be borne by the Customer. No complaint or challenge to a response may be made by telephone. To facilitate the processing of complaints, it is recommended that complaints be submitted within eight (8) days of the date on which the Service concerned by the complaint was provided.

In accordance with Articles L.611-1 et seq. of the French Consumer Code, the Company informs the Customer of the possibility, in the event of a dispute relating to these GTC, of using a conventional mediation procedure or any other alternative dispute resolution method. After having first referred the matter to the Company and in the event of a negative response or no response within sixty (60) days of the complaint, the Customer may refer the matter to a mediator whose contact details are as follows: by post to Médiation Tourisme et Voyage – BP 80307 – 75823 PARIS CEDEX 17, or online at www.mtv.travel. The matter may be referred to the mediator within twelve (12) months following the complaint.

22.2. All disputes relating to the Booking, the provision of the Services and/or connected with these GTC, concerning their validity, interpretation, performance, termination, consequences and/or effects, which cannot be resolved amicably between the Company and the Customer, shall be submitted to the competent courts in accordance with ordinary rules of jurisdiction.

22.3. The applicable law shall be French law. These GTC are drafted in French and English. In the event of a dispute, only the French version shall be legally binding.

22.4. Any provision of these GTC that is declared null and void or unlawful by a competent court shall cease to have effect, but such nullity shall not affect the other provisions or the validity of the GTC as a whole or their legal effects.

23. ENTIRE AGREEMENT

The Contract constitutes the entire agreement between the Parties with regard to their obligations and commitments. No general or specific terms and conditions communicated by the Customer may be incorporated into these GTC. The Contract may only be amended or supplemented by a written amendment signed by the Parties.

In the event of any conflict between the Booking Confirmation and these GTC, the provisions of the Booking Confirmation shall be the only provisions applicable to the obligation concerned.

24. COMPANY CONTACT DETAILS

The Company’s contact details are as follows:

Telephone: +33 (0)2 99 16 78 10 (local call rate in France and international call rate from abroad); Email: contact@emeriadinard.com; Address: 1 Avenue du Château Hébert – 35800 DINARD, France.

HOTEL LA FALAISE DINARD, S.A.S.U. with share capital of €1,750,000 – Registered office: Avenue du Château Hébert – 35800 DINARD – R.C.S. SAINT-MALO No. 377 969 860.