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TERM OF SALES

PREAMBLE

The company (hereinafter referred to as “VAROTEL”) operates the Internet Website of the Hotel LILY OF THE VALLEY, located at Colline Saint-Michel, Quartier Gigaro, 83420 La Croix Valmer, accessible at the following address: www.lilyofthevalley.com (hereinafter the “Website”).

VAROTEL wished to complete its offer by allowing its customers to access online the services it offers, in particular the reservation of tailor-made fitness programmes directly accessible on the Website, including fitness and catering services as well as the provision of a room within the hotel (hereinafter the “Services”).

The Website is published by VAROTEL, Société par Actions Simplifiée Unipersonnelle (simplified joint stock company with a single shareholder under French law) with a share capital of EUR 1,418,490, whose registered office is located at the Hotel LILY OF THE VALLEY, Colline Saint-Michel, Quartier Gigaro, 83420 La Croix Valmer (France), registered with the Fréjus Companies Register under number 318166758. Its Siret number is 31816675800058 and its intra-community VAT number is FR13318166758.

Tel: +33 (0)4 22 73 22 00

Email: contact@lilyofthevalley.com

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These General Terms and Conditions of Sale apply to all online reservations of the Services offered on the Website.

Any reservation made on the Website presupposes the consultation and complete and unreserved acceptance of these General Terms and Conditions of Sale, as well as of the price conditions expressly mentioned in the description selected at the time of the reservation of the Services.

The Customer must confirm by ticking the box that he has read and accepted these General Terms and Conditions of Sale. No reservation is possible without this agreement.

The Customer can save and edit these General Terms and Conditions of Sale using the standard functionalities of his browser or computer.

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ARTICLE 1: SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF DISTANCE SELLING

These General Terms and Conditions of Sale govern online reservations of the Services offered on the Website (hereinafter the “Reservation”).

The Services are intended exclusively to be sold to non-professional natural persons who are of legal age and have full legal capacity to enter into contracts (hereinafter referred to as the “Customer(s)”). As a consumer, the Customer has specific rights, which would be disputed if the Services were not reserved for personal use.

VAROTEL reserves the right not to honour Reservations made by persons who are not consumers and/or who do not comply with its commercial policy.

Similarly, VAROTEL is entitled to refuse any Reservation which would seem abnormal to it, or any Reservation from a Customer with whom there is a dispute relating to the payment of a previous reservation.

By submitting the Reservation form, the Customer represents that he has read these General Terms and Conditions of Sale and accepts them without reservation.

By submitting the Reservation form, the Customer also confirms that he is aware of and accepts the General Terms and Conditions of Use of the Website and the Privacy Policy.

These General Terms and Conditions of Sale may be kept in whole or in part, by any computer recording means, and printed.

VAROTEL may modify its General Terms and Conditions of Sale, knowing that each Reservation will be governed by the General Terms and Conditions of Sale in force at the time it was made by the Customer.


ARTICLE 2 : CONDITIONS AND RESERVATIONS

The Customer chooses the Services from among those offered on the Website according to his needs and at the rates expressly mentioned at the time of the Reservation.

The Customer makes his Reservation on the Website by filling in the Reservation form in electronic format and transmitting it electronically by following the instructions provided.

The Customer acknowledges having obtained from VAROTEL all the necessary information to make his choice and to continue his Reservation on the Website.

The Customer is solely responsible for the choice of Services and their adequacy to its needs, so that the responsibility of VAROTEL cannot be claimed in this regard.

The Reservation is deemed to be accepted by the Customer once it has been validated and paid for.

As long as the Reservation has not been definitively validated by the Customer, the Customer may check, modify and/or correct it. Upon confirmation of the Reservation by the Customer, VAROTEL will immediately acknowledge receipt of the Reservation by electronic means. VAROTEL will then confirm, within 48 working hours, its Reservation to the Customer by electronic means and the availability of the selected Services. In case it is not possible to make the Services available to the Customer, VAROTEL will cancel the Customer’s Reservation within this deadline and may propose alternative solutions (different dates or Services).

The Customer undertakes, prior to any reservation, to complete the mandatory information requested on the Reservation form. The Customer guarantees that the information transmitted are true and accurate.


ARTICLE 3 : SERVICES PRICE

The prices of the Reservation, in accordance with Article L 111-1 of the French Consumer Code, are indicated in euros, including all taxes mentioned before the validation of the Reservation. The total amount due by the Customer is indicated on the Reservation confirmation page.

The Customer receives written confirmation, at the time of payment of his Reservation, of all the information provided for in Article L 221-5 of the French Consumer Code.


ARTICLE 4 : PAYMENT

Unless the server is unavailable, the Customer shall pay for his Reservation after final validation of the same on the Website, by credit card (Carte bleue, Visa, Mastercard, American Express, etc.) or via the Paypal system. The Customer will enter his card number (which must be valid at the time of the stay), its expiry date, the name of the cardholder and the visual cryptogram (the last three or four numbers written on the back of his bank card).

In the event of prepayment, on the day of arrival at the Hotel, the Customer must provide the credit card used to make the prepayment. The Customer must also be able to show an identity document, in particular for the purposes of preventing bank card fraud.

Payment is made via the secure server of the company CLICK AND PAY, secure payment operator. This implies that no banking information concerning the Customer transits via the Website. Payment by credit card is therefore totally secure.

All orders are payable in euros, including all taxes and mandatory contributions.

The credit card is debited at the time of validation of the Reservation by the Customer.

The Client guarantees CLICK AND PAY that he has the necessary authorisations to use the payment method chosen at the time of validation of the Reservation. If the bank refuses, the Reservation will be automatically cancelled.

Invoices are sent by e-mail to the e-mail address specified by the Customer when registering his Reservation on the Website.

For the purpose of the fight against Internet fraud, the information transmitted to allow online orders and payments are checked by the payment partner designated by VAROTEL : CLICK AND PAY, secure payment operator. This company is responsible for the storage and automated processing of information relating to each order, including credit card details in a secure environment.

Information related to online orders and payments is subject to automated data processing under the responsibility of the Administration and Financial Department. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against payment fraud and in particular bank card fraud.

The Administration and Financial Department and CLICK AND PAY are the recipients of the data relating to the Customer’ s orders. If the data related to the order and payment of the Client’s Reservation is not transmitted the transaction cannot be completed and analysed.

If an order is not paid due to fraudulent use of a bank card or other means of payment the details relating to the order associated with this unpaid order will be recorded in a “payment incident” file, kept by the Administration and Financial Department. An irregular representation or anomaly may also be the subject of specific treatment.

The payment will be debited between 48 hours and 72 hours following the Reservation.

At the time of prepayment, the amount that is debited corresponds to the full price of the Services selected by the Customer (the price of the chosen programme, including accommodation and food as well as related taxes and any other possible additional services), excluding tourist tax and/or any other tax that may be due as a result of the Customer’s stay in the Hotel.


ARTICLE 5: CANCELLATION OR CHANGES AT THE CUSTOMER’S INITIATIVE

Given the nature of the services offered on the Website, the Customer, in accordance with Article L. 221-18-12° of the French Consumer Code, does not have the right of withdrawal provided for in Article L. 221-18 of the French Consumer Code.

The Reservation may not be changed and/or cancelled by the Customer. The sums paid at the time of Reservation will not be refunded.

In case of difficulty, the Customer is invited to contact directly VAROTEL’s Customer Service under the conditions provided for in Article 9 below, and whose contact details are also shown on the acknowledgement of receipt that he received after making his Reservation.

In case of interruption of the stay, VAROTEL will keep the full price of the Reservation. Similarly, in the event that the Customer fails to show up on the reserved days, he has no right to a refund.


ARTICLE 6: CANCELLATION AT THE INITIATIVE OF THE HOTEL

In the event that it is not possible to make the Reserved Services available to the Customer, VAROTEL will cancel the Reservation and will inform the Customer within 48 hours of receiving it.

In the event of an exceptional event or non-availability of the Services or in the event of force majeure, VAROTEL may offer the Customer alternative solutions such as Services equivalent to those initially selected and/or at different dates.

All reservations are made in the customer’s name and can in no case be transferred to a third party, whether free of charge or against payment. Any reservation made for a third party must be made in the name of the third party for whom the Services are intended.


ARTICLE 7: GUARANTEES

VAROTEL guarantees compliance of the services, under the conditions set forth in articles L. 212-1 and following of the French Consumer Code.

Information relating to VAROTEL services (characteristics, prices, etc.....) offered for sale on the Website is available on the Website itself.


ARTICLE 8: INFORMATION - CUSTOMER SERVICE

VAROTEL provides the Customer with a specific service to assist him and answer any request for information or any complaint.

The Customer may thus contact the hotel Customer Service by downloading the form and clicking on the Contact Form link or at the address of the company VAROTEL, Customer Relations Service of the Hotel LILY OF THE VALLEY, Colline Saint-Michel, Quartier Gigaro, 83420 La Croix Valmer France or by telephone at 04 22 73 22 00.


ARTICLE 9: TERMS OF USE

The Customer is invited to consult the General Terms and Conditions of Use of the Website by clicking on the link CGU.


ARTICLE 10: PRIVACY POLICY - DATA PROTECTION

Highly valuing protection of its customers’ personal data, VAROTEL has adopted a privacy policy accessible by clicking on this link Privacy Policy. The Customer should read this document carefully as it contains important information on the collection, use and protection of data, as well as on how to use, authorise or refuse cookies.

By using the Website, the Customer agrees to the use of his data in accordance with the Privacy Policy of the company VAROTEL and guarantees that all the data he provides are accurate.


ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

The trademark “LILY OF THE VALLEY”, as well as all trademarks, whether figurative or not, and more generally all the other trademarks, illustrations, images and logotypes, any distinctive mark appearing on the products or services of VAROTEL, their accessories or their packaging, whether registered or not, are and remain the exclusive property of VAROTEL. Any total or partial reproduction, modification, addition, or use of these marks for any purpose and on any medium is strictly prohibited. VAROTEL is the owner of all the intellectual property rights of the Website and its contents (in particular texts, illustrations....).

The rights of the Website and the content are protected by any national copyright and database law.

All rights are reserved.


ARTICLE 12: FORCE MAJEURE

VAROTEL cannot be held liable towards the Customer in case of non-performance of any of its obligations resulting from an event of force majeure, as defined by the Rules in force and as generally defined by the French courts.


ARTICLE 13: ENTIRE ONLINE SALES CONTRACT

These General Terms and Conditions of Sale, the summary of the Reservation transmitted to the Customer, the electronic email confirming the Reservation, the General Terms and Conditions of Use of the Website and the Privacy Policy are the contractual basis enforceable against the parties, to the exclusion of any other document or photograph relating to the Services, which have only an indicative value.


ARTICLE 14: APPLICABLE LAW – JURISDICTION

The online sale and these General Terms and Conditions of Sale governing it are subject to French law. In the event of any difficulty arising from the online sale (reservation, order, cancellation...), an amicable solution must be sought beforehand. Any dispute relating to the Website and in particular any dispute arising in connection with the order and/or delivery of the online order shall fall within the exclusive jurisdiction of the French Courts.

For the amicable resolution of national disputes, the Customer may refer the matter to the Tourism and Travel Mediator, whose contact details are as follows: MTV Médiation Tourisme et Voyage - BP 80303 - 75823 PARIS CEDEX 17 - Email: info@mtv.travel - Information: http://www.mtv.travel.

For the amicable resolution of cross-border disputes, the Customer may refer the matter to the European Consumer Centre or visit the portal https://ec.europa.eu/odr.

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