GTC
Individuals
Preamble
These general terms and conditions of sale (hereinafter referred to as the " GTC ") apply to all reservations made by an individual in the context of individual stays, hereinafter referred to respectively and individually as the " Customer " and the " Reservation ", with one of the companies belonging to the same Group and operating a hotel under the "GRAND MESS" brand (hereinafter referred to as the " Establishment " and collectively as the " Establishments "), with which the Customer will make his payment directly.
The Customer's agreement to the General Terms and Conditions occurs at the time of the Reservation, and the Customer acknowledges having read them and accepting them without reservation. It is specified that no Reservation is possible without this acceptance.
Definitions
The terms defined in this article, beginning with capital letters, whether used in the singular or plural in the GCS, shall have the following meaning:
- Customer(s) ": refers to natural persons of legal age and capacity who make individual reservations for personal use.
- Individual Booking ": refers to a booking of a Stay which may include a maximum number of accommodation and/or persons. Beyond this maximum number, the individual terms and conditions do not apply.
- Stay ": refers to the stay in the Establishment which is the subject of an Individual Reservation by Customers.
Information - No "tourist package
To meet the definition of a "tourist package" as defined in Article L.211-2 II of the French Tourism Code, resulting from Directive (EU) 2015/2302, Individual Stays should be sold, combined,
with :
- transport to the Etablissement or
- tourist services worth more than 25% of the total package price or advertised as an essential feature of the package.
However, the Stays are not offered for sale in a combined manner, so that they do not fall under the legal regime of tourist packages, which will therefore not apply to the conclusion of the Stay contract between the Customer and the Establishment.
Article 1. Scope of Individual Reservations
The following conditions apply exclusively to Individual Reservations for a Stay consisting of a maximum of five (5) accommodations. For any Reservation for a higher number of people and/or accommodation, the general conditions for Group Reservations will apply.
Article 2. Booking process
Reservations are made by the customer online or directly with the establishment, and must be accompanied by payment of the full price (including tax) of the stay.
The online reservation is deemed to have been made as soon as a reservation number is communicated to the customer on the confirmation screen. The customer receives his booking confirmation by e-mail.
Prior to any reservation, the customer undertakes to complete the mandatory information requested when creating the reservation file.
In application of article L.221-28-12° of the French Consumer Code, the right of withdrawal does not apply.
Article 3. Prices - Tourist tax
For any booking on a Stay, prices are valid at the time the Customer consults the Stay.
The prices displayed prior to confirmation of the reservation by the customer are "inclusive of all taxes" and include Value Added Tax (VAT) at the current rate.
The tourist tax, collected on behalf of local authorities, is not included in the price. Its amount is determined per person per night and varies according to destination. It is always paid by the customer on site at the establishment, on the day of booking, on the date of arrival or departure of the customer at the establishment.
In the event of a change in the conditions of the offer during the booking process for the Stay, whether in terms of price or availability, the Customer will be informed prior to confirmation of the booking.
Prices are subject to change at any time without this being applicable to bookings already confirmed, except in the case of changes in legal or regulatory taxes imposed by the competent authorities.
Article 4. Cancellation of the Reservation
4.1 Cancellation by the customer
Cancellations can be made by email to
To the following address clermont@grandmess.com or directly to the Establishment by any written means.
4.1.1 Application of cancellation fees
The sums paid by the Customer will be retained as cancellation fees in accordance with the following terms and conditions, which depend on the conditions of the fare booked by the Customer:
- Non-cancellable and non-refundable rates :
In the event of cancellation of the Stay by the Customer at any time whatsoever, cancellation charges of the total amount of the Stay will apply.
- Flexible rate :
In the event of cancellation of the Stay by the Customer, if the cancellation occurs before 29:59 the day before arrival, no fee is due. If the cancellation is made after 29:59 the day before arrival, a cancellation fee of the total amount of the Stay will be charged.
In the case of a "no show", i.e. when the customer does not show up at the establishment on the day of booking, the reservation is considered as a "no show".
cancelled and the aforementioned cancellation conditions apply for 100% of the total amount of the Stay.
4.1.2 No cancellation fees
In the event of cancellation by the customer due to an event constituting force majeure, as defined in article 1218 of the French Civil Code, only an immediate refund of the sums paid will be made, without application of the aforementioned cancellation fees.
4.2 Cancellation by the establishment
In the event of cancellation on the part of the Establishment, without an equivalent alternative solution being proposed, all sums paid will be reimbursed immediately, plus, by way of compensation, a sum equal to the total amount of the Stay, symmetrically to what would have been paid if the cancellation had been on the part of the Customer, on the same date, for a non-cancellable and non-refundable rate.
It is specified that in the event of acceptance by the Customer of the equivalent substitution solution proposed by the Establishment, which would have proceeded with the cancellation of the Stay, will not give rise to payment by the Establishment of the aforementioned indemnity. On the other hand, only the possible difference between the amount of the Stay booked and the amount of the stay proposed as a substitute will be subject to immediate reimbursement by the Establishment to the Customer, should the price of the substituted Stay be lower than that initially booked.
In the event of cancellation by the Establishment due to an event constituting force majeure, as defined in article 1218 of the French Civil Code, only an immediate refund of the sums paid will be made, without payment of the aforementioned indemnity.
Article 5. Modification of the Reservation
5.1 Customer-initiated modifications
Any modification must be requested by the Customer in writing directly to the Hotel. It will be subject to acceptance by the Establishment, in accordance with the conditions for cancellation of the rate booked by the Customer referred to in article 4.1.1, and within the limits of availability at each Establishment.
In the event of interruption of the Stay by the Customer, the entire reservation price will be retained by the Establishment.
5.2 Modification by the Establishment
In the event that the establishment is forced to modify the customer's reservation due to the actions of a third party or a case of force majeure covered by article 1218 of the French Civil Code, the customer will be informed without delay of the possibility or otherwise of an alternative solution.
The Customer may then decide either to cancel the Stay or to accept the proposed modification within the period indicated:
- Cancellation will result in immediate reimbursement of all sums paid, without application of the cancellation charges defined in article 4.1.1.
- Acceptance will only give rise to immediate reimbursement of any overpayment.
Any modification of the Stay other than that mentioned above, which is made by the Establishment, will be considered as a cancellation by the Establishment and will be treated in its consequences as such by application of the provisions of article 4.2.
Article 6. Terms of payment
Payment for online reservations is made by credit card.
In addition to cash, the following means of payment are available at the establishment: Visa, Master Card. Other means of payment may also be accepted, such as: American Express card, bank transfer.
Any payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the reservation at the Customer's expense, without prejudice to any civil or criminal action against the Customer.
Article 7. Special conditions, promotional offers and/or special offers
At different times of the year, the Establishment may issue promotional offers and/or special offers to which specific rates and sales conditions apply.
In such a case, the special conditions applicable to these offers will be mentioned on the page dedicated to the offer or communicated to the Customer, and will override the present GCS for any clause to the contrary.
Article 8. Liability
The Establishment is solely responsible for the progress of the Stay booked and, more generally, is solely responsible for the relationship with the Customer, particularly with regard to the booking.
The Establishment undertakes to perform its obligations relating to the execution of the Stay in accordance with these GCS, and will consequently be liable for any failure to perform concerning it, with the exception, however, of cases where the non-execution or imperfect execution of the contract is attributable either to the Customer, or to the act of a third party foreign to the execution of the obligations in the contract, or to a case of force majeure as resulting from article 1218 of the French Civil Code.
Article 9. Modification of the GCS
The applicable GTC are those accepted by the Customer at the time of booking. However, the Establishments reserve the right to modify or supplement these GTC at any time, with immediate effect.
In such a case, the new version of the GCS will be available on any medium, including online, with its effective date.
It is specified that the Customer will only be bound by the version of the GCS in force at the time of booking the Stay.
Article 10. Personal data
Personal data refers to any data relating to an identified or identifiable natural person, within the meaning of Article 4 of the European Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on Data Protection (RGPD). An "identifiable natural person" is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her identity.
This personal data, which you agree to provide voluntarily when booking a Stay, will be collected directly by :
- the establishment which is the main recipient;
- but will also remain accessible to all "Group" companies.
GRAND MESS", defined as follows:
o GROUPE METRONOMIE (911 644 714 RCS Le Puy en Velay)
o all other Establishments, constituting companies controlled by GROUPE METRONOMIE within the meaning of Article L.233-3 of the French Commercial Code; which will therefore collectively be the sole recipients, for the following purposes:
1. Enable reservation execution ;
2. To provide access to the website by allowing you, for example, to identify yourself in order to access a personal area reserved only for identified persons;
3. Inform the Customer of any commercial offers that may be proposed by the Establishments.
The Establishment and more generally the companies of the GRAND MESS Group expressly undertake not to divulge, sell, rent, or even exchange to third parties or to any third party whatsoever with a view to their use, the said personal data, without the express prior consent of the Customer.
Personal data provided voluntarily will not be kept beyond the period required to achieve the aforementioned processing purposes, and this retention period will in no case exceed 7 years.
In accordance with Act no. 78-17 on Data Processing, Data Files and Individual Liberties of January 6, 1978, as amended, and the RGPD, the Customer has a right of access, rectification, erasure, limitation, portability, opposition, to define the fate of his or her personal data "post mortem" and to lodge a complaint concerning the processing of his or her personal data.
To this end, the Customer may exercise the aforementioned rights by contacting :
- To the following email address: dpo@grandmess.com
- or by post to the following address: MESS FAMILY, 60 impasse des lucioles 74310 Saint-Gervais-les-Bains, for the attention of DPO GRAND MESS
Article 11. Bloctel
In accordance with article L.223-2 of the French Consumer Code, the Customer is informed of his or her right to register on the "liste d'opposition au démarchage téléphonique" if he or she does not wish to be the subject of commercial prospecting by telephone, accessible via the following site: www.bloctel.gouv.fr
Article 12. Complaints - Customer service
Any complaint concerning a reservation or a Stay must be sent directly, by any written means, to the Establishment concerned, or else :
- by post: to MESS FAMILY, 60 impasse des lucioles 74310 Saint-François.
Gervais-les-Bains, to the attention of the Customer Relations Department
- or by e-mail: clermont@grandmess.com
The Customer is invited to submit any complaint relating to a Stay as soon as possible, in order to facilitate its processing.
Article 13. Consumer Ombudsman
In accordance with the provisions of article L.612-1 of the French Consumer Code, the customer is hereby informed of his or her right to have recourse, free of charge, to a consumer mediator for the amicable resolution of his or her dispute.
To this end, customers who have made a request to the customer relations department, whose contact details are given in article 12, but have not received a satisfactory response, may refer the matter to the following Mediation officer: Mediation
Tourism and Travel
Article 14. Provisions applicable in the event of a health crisis
In the event of the occurrence of circumstances akin to a health crisis, such as those following Covid 19, in which administrative decisions of any kind would lead to :
and/or
it is specified that the Stay will be subject to the Customer's choice :
- a postponement to a later date, to be mutually agreed, it being specified that the sums already paid will be retained by the Establishment without reimbursement to the Customer;
- a total cancellation leading to immediate reimbursement of the sums already paid, with no cancellation fees applied.
Article 15. Applicable law - Jurisdiction
These terms and conditions are governed by French law.
All sales concluded with consumers domiciled in France and abroad are governed by French law. Any dispute shall be settled by the French courts.
The Parties undertake to use their best efforts to reach an amicable settlement.
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Groups
Preamble
These general terms and conditions of sale (hereinafter referred to as the "GTCS") apply to all bookings made by :
- a natural person or legal entity in the context of group stays, hereinafter referred to respectively and individually as the "Customer" and the "Reservation", with one of the companies belonging to the same Group and operating a hotel under the "GRAND MESS" brand (hereinafter referred to as the "Establishment" and collectively as the "Establishments"), with whom the Customer will make his payment directly.
The Customer's agreement to the General Terms and Conditions occurs at the time of the Reservation, and the Customer acknowledges having read them and accepting them without reservation. It is specified that no Reservation is possible without this acceptance.
Definitions
The terms defined in this article, beginning with capital letters, whether used in the singular or plural in the GCS, shall have the following meaning:
- Customer(s)": refers to natural or legal persons in the context of Group stays, who may be involved on a professional or leisure basis, as the case may be.
- Group Reservation": refers to a reservation for a Stay involving a number of accommodations and/or persons exceeding a certain threshold. Below this threshold, the Group Terms and Conditions do not apply, and only the Individual Terms and Conditions may be applied.
- Stay": refers to the stay in the Establishment which is the subject of a Group Reservation by Customers.
Information - No "tourist package
To meet the definition of a "tourist package" as defined in Article L.211-2 II of the French Tourism Code, resulting from Directive (EU) 2015/2302, Group Stays should be sold, combined,
with :
- transport to the establishment
or
- tourist services worth more than 25% of the total package price or advertised as an essential feature of the package.
However, the Stays are not offered for sale in a combined manner, so they will not fall under the legal regime of tourist packages, which will therefore not apply to the conclusion of the Stay contract between the Customer and the Establishment.
Article 1. Scope of application of Group Reservations - Leisure and Professionals
These Group terms and conditions of sale apply exclusively to relations between one or more Establishment(s) and :
(i) on a professional basis :
- companies (travel agencies, tour operators, etc.);
or
- individuals or legal entities booking groups as part of their professional or associative activities.
(ii) for leisure :
- Customers within the framework of their Stay from (5) accommodations for the booking of the same Stay.
It is specified that the Customers referred to in (ii) and, where applicable, (i) may act as consumers or as professionals within the meaning of the French Consumer Code, so that when they act as non-professionals certain provisions of the French Consumer Code may apply.
Article 2. Reservation
A reservation option is formalized by the Customer directly with
the establishment.
The duration of the option will be defined, on a case-by-case basis for each reservation, with the Establishment. This option will become a confirmed reservation as soon as the following conditions are cumulatively met:
- The reservation option has been confirmed by the Establishment in writing, and
- Sales proposal (quotation, reservation contract) dated, initialled and signed
- Receipt of the customer's deposit in the amount specified in the contract (subject to collection).
If the three above conditions are not met, the Etablissement reserves the right to cancel the Stay at any time and without compensation.
Article 3. Prices
The prices of the Stay will be valid throughout the duration of the booking option until its confirmation and will not be modifiable, except in the event of modification of legal or regulatory taxes imposed by the competent authorities.
Prices are "inclusive of all taxes" and include Value Added Tax (VAT) at the current rate.
The tourist tax, collected on behalf of local authorities, is not included in the price. Its amount is determined per person per night and varies according to destination. It is always paid by the customer on site at the establishment, on the day of booking, on the date of arrival or departure of the customer at the establishment.
Article 3. Cancellation of confirmed reservation
3.1 Cancellation by the Customer
Cancellations may be requested by e-mail or directly from the establishment by any written means.
In the event of acceptance of the request by the establishment, and in accordance with the cancellation conditions set out in the reservation contract, the amounts due to the customer by the establishment will be reimbursed immediately, after deduction of cancellation penalties calculated as follows:
1. Up to 90 days before the start date of the Stay: 75% of the total amount of the initial booking.
2. Between 89 days and 45 days before the start of the Stay: 80% of the total amount of the initial booking.
3. Between 44 days and 10 days before the start date of the stay: 90% of the total amount of the initial booking.
4. Less than 14 days before the start of the Stay: 100% of the total amount of the initial reservation.
It is hereby specified that any Special Terms and Conditions negotiated with the Customer shall derogate from these General Terms and Conditions of Sale.
In the event of cancellation by the customer for an event constituting force majeure, as defined in article 1218 of the French Civil Code, only an immediate refund of the sums paid will be made, without application of the aforementioned cancellation penalties.
In the case of a "no show", i.e. if the customer does not show up at the establishment on the day of the reservation, the reservation is considered to be cancelled and the above-mentioned cancellation conditions apply for 100% of the total amount of the stay.
3.2 Cancellation by the establishment
In the event of cancellation by the Establishment, without an equivalent alternative solution being proposed, all sums paid will be reimbursed immediately, plus, by way of compensation, a sum equal to the penalty that would have been incurred if the cancellation had been made by the Customer on that date.
It is specified that in the event of the Customer's acceptance of the equivalent substitute solution proposed by the Establishment, which would have cancelled the Stay, the Establishment will not be required to pay the aforementioned penalty. On the other hand, only the difference between the price of the Stay booked and the price of the proposed substitute Stay will be reimbursed immediately by the establishment to the customer, should the price of the substituted Stay be lower than that initially booked.
In the event of cancellation by the Establishment due to an event constituting force majeure, as defined in article 1218 of the French Civil Code, only an immediate refund of the sums paid will be made, without application of penalties.
Article 4. Modification of the Reservation
4.1 Customer-initiated modifications
Any modification must be requested by the customer in writing directly to the establishment. They are subject to acceptance by the establishment and to the availability of each establishment.
It is specified that a partial cancellation involving more than 5% of the total number of participants, or involving a part of the services making up the Stay and representing more than 5% of the value of the latter, is considered to be a modification of the Stay.
The modification will give rise to the collection of penalties determined as follows, for the modifications requested:
1. Up to 90 days before the start date of the Stay: 75% of the total amount of the initial booking.
2. Between 89 days and 45 days before the start of the Stay: 80% of the total amount of the initial booking.
3. Between 44 days and 10 days before the start date of the stay: 90% of the total amount of the initial booking.
4. Less than 14 days before the start of the Stay: 100% of the total amount of the initial reservation.
In the event of interruption of the Stay by the Customer, the entire reservation price will be retained by the Establishment.
4.2 Modification by the Establishment
In the event that the establishment is obliged to modify the customer's reservation due to the actions of a third party or a case of force majeure as defined in article 1218 of the French Civil Code, the customer will be informed without delay of the possibility or otherwise of an alternative solution.
The Customer may then decide either to cancel the Stay or to accept the
proposed modification within the time limit indicated:
- Cancellation will result in immediate reimbursement of all sums paid, without application of the penalties defined in article 4.1.
- Acceptance will only give rise to immediate reimbursement of any overpayment.
Any modification of the Stay other than that mentioned above, which is made by the Establishment, will be considered as a cancellation by the Establishment and will be treated in its consequences as such by application of the provisions of article 3.2.
Article 5. Terms of payment
In addition to cash, the following means of payment are available at the establishment: Visa, Master Card. Other means of payment may also be accepted, such as: American Express card, bank transfer.
Any payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the reservation at the Customer's expense, without prejudice to any civil or criminal action against the Customer.
Article 6. Late payment
As regards relations with professionals, any delay in payment will give rise to the application of late payment penalties amounting to three times the legal interest rate. In application of article L.441-10 of the French Commercial Code, the fixed indemnity for collection costs to be paid in addition to late payment penalties will amount to €40, as determined by article D.441-5 of the same Code.
Article 7. Liability
The Establishment is solely responsible for the progress of the Stay booked and, more generally, is solely responsible for the relationship with the Customer, particularly with regard to the booking.
The Establishment undertakes to perform its obligations relating to the execution of the Stay in accordance with these GCS, and will consequently be liable for any failure to perform concerning it, with the exception, however, of cases where the non-execution or imperfect execution of the contract is attributable either to the Customer, or to the act of a third party foreign to the execution of the obligations in the contract, or to a case of force majeure as resulting from article 1218 of the French Civil Code.
Article 8. Modification of the GCS
The applicable GTC are those accepted by the Customer at the time of booking. However, the Establishments reserve the right to modify or supplement these GTC at any time, with immediate effect. In such a case, the new version of the GCS will be available on any medium, including online, with its effective date.
It is specified that the Customer will only be bound by the version of the GCS in force at the time of booking the Stay.
Article 9. Personal data of individual customers
Personal data refers to any data relating to an identified or identifiable natural person, within the meaning of Article 4 of the European Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on Data Protection (RGPD). An "identifiable natural person" is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her identity.
This personal data, which you agree to provide voluntarily when booking a Stay, will be collected directly by :
- the establishment which is the main recipient;
- but will also remain accessible to all "Group" companies.
GRAND MESS", defined as follows:
o GROUPE METRONOMIE (911 644 714 RCS Le Puy en Velay)
o all other Establishments, constituting companies controlled by GROUPE METRONOMIE within the meaning of Article L.233-3 of the French Commercial Code; which will therefore collectively be the sole recipients, for the following purposes:
1. Enable reservation execution ;
2. To provide access to the website by allowing you, for example, to identify yourself in order to access a personal area reserved only for identified persons;
3. Inform the Customer of any commercial offers that may be proposed by the Establishments.
The Establishment and more generally the companies of the GRAND MESS Group expressly undertake not to divulge, sell, rent, or even exchange to third parties or to any third party whatsoever with a view to their use, the said personal data, without the express prior consent of the Customer.
Personal data provided voluntarily will not be kept beyond the period necessary to achieve the aforementioned processing purposes, and this retention period will in no case exceed 5 years.
In accordance with Act no. 78-17 on Data Processing, Data Files and Individual Liberties of January 6, 1978, as amended, and the RGPD, the Customer has a right of access, rectification, erasure, limitation, portability, opposition, to define the fate of his or her personal data "post mortem" and to lodge a complaint concerning the processing of his or her personal data.
To this end, the Customer may exercise the aforementioned rights by contacting :
- By email
- or by post to the following address: MESS FAMILY, 60 impasse des lucioles 74310 Saint-Gervais-les-Bains,
Article 10. Bloctel
With regard to individual customers to whom the provisions of the French Consumer Code apply, the following is specified:
In accordance with article L.223-2 of the French Consumer Code, the Customer is informed of his or her right to register on the "liste d'opposition au démarchage téléphonique" if he or she does not wish to be the subject of commercial prospecting by telephone, accessible via the following site: www.bloctel.gouv.fr
Article 11. Complaints - Customer service
Any complaint concerning a reservation or a Stay must be sent directly, by any written means, to the Establishment concerned, or else :
- by post: to MESS FAMILY, 60 impasse des lucioles 74310 Saint-François.
Gervais-les-Bains, to the attention of the Customer Relations Department
- or by e-mail
The Customer is invited to submit any complaint relating to a Stay as soon as possible, in order to facilitate its processing.
Article 12. Consumer Ombudsman
With regard to individual customers to whom the provisions of the French Consumer Code apply, the following is specified:
In accordance with the provisions of article L.612-1 of the French Consumer Code, the customer is hereby informed of his or her right to have recourse, free of charge, to a consumer mediator for the amicable resolution of his or her dispute.
To this end, customers who have submitted a request to the customer relations department, whose contact details are given in article 12, but whose response has not been satisfactory, may refer the matter to the following Mediation officer: Médiation Tourisme Voyage
Article 13. Provisions applicable in the event of a health crisis
In the event of the occurrence of circumstances akin to a health crisis, such as those following Covid 19, in which administrative decisions of any kind would lead to :
and/or
it is specified that the Stay will be subject to the Customer's choice :
- a postponement to a later date, to be mutually agreed, it being specified that the sums already paid will be retained by the Establishment without reimbursement to the Customer;
- a total cancellation leading to immediate reimbursement of the sums already paid, with no cancellation fees applied.
Article 14. Applicable law - Jurisdiction
These terms and conditions are governed by French law.
All sales concluded with Customers domiciled or having their registered office in France or abroad are governed by French law. Any dispute shall be settled by the French courts.
The Parties undertake to use their best efforts to reach an amicable settlement.
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