These general terms and conditions of sale (the “GTC”) apply to any booking made by a Client (as defined below) through the Booking Form (as defined below).
The website accessible at the following address: https://hotelamg.com (the “Site”) is published by SNC CFD, a general partnership with share capital of €635,040.00, whose registered office is located at 42 rue de Maubeuge, 75009 Paris, registered under unique identification number 410 765 291 RCS Paris (“SNC CFD”).
Having set out the foregoing, the following has been agreed:
The terms used in the body of the GTC, including its preamble, and beginning with a capital letter, whether used in the singular or plural, shall have the meaning given to them below.
Client: means the adult legal entity or natural person designated in the Booking Form, having full legal capacity to enter into obligations under the GTC, and acting for their own needs to the exclusion of any intermediation, resale, distribution or similar activity concerning all or part of the Services.
Contract: means the GTC and the Specific Booking Conditions as summarized in the Booking Form.
Specific Booking Conditions: means the specific conditions for booking, cancellation, no show, minimum number of persons, and guarantee for each Accommodation Service, which vary in particular according to the periods of the season and are summarized in the Booking Form, as applicable.
Booking Form: means the paper or electronic booking form (accessible via the Site) for the AMG Hotel entered into between SNC CFD and the Client, containing a summary of the Contract and specifying in particular the booking conditions (Services booked, Specific Booking Conditions, price and any taxes, arrival/departure dates (check-in/check-out), security deposit).
SNC CFD Brand: means the “SNC CFD” word or semi-figurative trademark, as well as all other distinctive or graphic signs, whether registered or unregistered, used by SNC CFD.
Parties: means SNC CFD and the Client collectively.
Privacy Policy: means the personal data protection policy.
AMG Hotel: means the hotel located in the Lotissement du Domaine Arinella in Sainte-Lucie-de-Porto-Vecchio (20144), owned and operated by SNC CFD.
Service(s): means the Accommodation Services, Catering Services and other Optional Services offered to Clients by SNC CFD on the Site.
Optional Services: means the additional products and/or services offered as options to the Client when booking an Accommodation Service (such as, for example, car rental, transfer to or from the airport/train station, boat excursions with a skipper, private chef, etc…).
Accommodation Service: means the accommodation service (stay) at the AMG Hotel for the duration and on the dates selected by the Client under the conditions set out herein.
Catering Service: means the catering service offered at the AMG Hotel to the Client when booking an Accommodation Service.
The Contract governs the contractual relationship between the Client and SNC CFD with which the Client makes a booking. The GTC are made available to the Client on the Site, where they may be consulted directly at any time. The Client may retain the GTC using the standard features of their browser and/or computer. The GTC are also provided by SNC CFD to the Client at the time of booking.
The GTC prevail over any other document with respect to their subject matter, except for the Specific Booking Conditions, which prevail over the GTC in the event of a conflict.
The Contract sets out all of the Parties’ obligations. No general or specific condition communicated by the Client may be incorporated into or added to the Contract.
Before booking any Service, the Client is duly informed of the GTC and declares that they have full legal capacity to enter into obligations under these GTC. Any booking implies the Client’s full and unconditional acceptance of these GTC.
An Accommodation Service may be booked (i) directly on the Site via the Booking Form or (ii) by telephone or email, by contacting SNC CFD or through a third party (e.g. travel agent, specialist company, etc.).
Any booking requires the Client to receive, review and fully and unconditionally accept these GTC.
SNC CFD invites the Client to read carefully the Specific Booking Conditions and the GTC, which will be appended to the Booking Form or directly accessible on the Site.
The Client acknowledges having reviewed the nature, purpose and booking procedures of an Accommodation Service and having requested and obtained the necessary and/or additional information to make the booking with full knowledge of the facts. Additional checks may be carried out directly with SNC CFD if necessary, via the contact email available on the Site (https://hotelamg.com).
For the avoidance of doubt, the Client is solely responsible for choosing a Service and for ensuring that it meets their needs, and SNC CFD may not be held liable in this respect.
It is expressly agreed between the Parties that any booking of a Service is made in the name of the Client and may under no circumstances be transferred, in whole or in part, to a third party, whether free of charge, for consideration or for commercial purposes.
The Client may book, through the electronic Booking Form, one or more rooms at the AMG Hotel per night.
A Catering Service or Optional Services may be booked only once an Accommodation Service booking has been confirmed, by telephone, by email or directly on site with the AMG Hotel concierge service.
Once the Client has booked an Accommodation Service under the conditions of Article 3.1, the Client receives an email at the email address provided (with a copy of the Booking Form previously signed by the Client, where applicable).
When an Accommodation Service is booked, the booking will be considered final only after payment of the first deposit as provided for in the Booking Form.
It is recalled that, pursuant to Article L. 221-28 12° of the French Consumer Code, the Client does not have the right of withdrawal provided for in Article L.221-18 of the French Consumer Code for the Accommodation Services covered herein.
The booked Accommodation Services are exclusively subject to the cancellation and/or modification conditions set out in the Specific Booking Conditions and summarized in the Booking Form. The Client is advised to take out travel insurance suited to their needs.
Depending on the Specific Booking Conditions, SNC CFD shall be entitled to charge cancellation fees and, where applicable, all or part of the price of the Accommodation Services, which will be deducted from amounts paid in advance, where applicable, or from the amount held as a guarantee (if the booking was not prepaid), with any remaining balance invoiced to the Client. SNC CFD also reserves the right to offer the relevant Accommodation Service for sale again.
Deposits (amounts paid in advance) will not be refunded after the deadline for cancelling and/or modifying the booking, as communicated to the Client at the time of booking and/or booking confirmation.
If SNC CFD declines to perform the Contract, it is recalled that the consumer Client is entitled to receive compensation equal to the amount of the deposit paid by the Client.
In the event of an exceptional event, inability to make the booked room available to the Client, or force majeure, SNC CFD reserves the right to accommodate the Client in a hotel of an equivalent category for services of the same nature, provided that the Client has been informed in advance. Any additional room cost and transportation between the two accommodations shall be borne by SNC CFD.
In all circumstances, if the stay is interrupted by the Client for any reason whatsoever, including conduct contrary to the rules of proper behavior referred to in Article 4.5., the Client shall be required to pay SNC CFD the full price stated in the Booking Form, and no refund of any kind may be granted as a result.
In the event of advance payment, that amount will be retained from the amounts paid in advance. If the booking was not prepaid, SNC CFD will deduct the amount due from the sums held as a guarantee.
Depending on the Specific Booking Conditions, SNC CFD shall be entitled to charge cancellation fees and, where applicable, all or part of the price of the booked Accommodation Services, which will be deducted from amounts paid in advance, where applicable, or from the amount held as a guarantee (if the booking was not prepaid). SNC CFD also reserves the right to offer the relevant Accommodation Service for sale again.
Any booking or payment that is irregular, invalid, incomplete or fraudulent for a reason attributable to the Client will result in cancellation of the booking, without prejudice to any civil or criminal action against the Client.
Depending on the Specific Booking Conditions, SNC CFD shall be entitled to charge cancellation fees and, where applicable, all or part of the price of the booked Services, which will be deducted from amounts paid in advance, where applicable, or from the amount held as a guarantee (if the booking was not prepaid). SNC CFD also reserves the right to offer the relevant Service for sale again.
Complaints relating to non-performance or improper performance of the Services must, to facilitate their processing, be notified to SNC CFD in writing using the contact details indicated in these general terms and conditions available on the Site (https://hotelamg.com).
Pets are strictly prohibited within the AMG Hotel.
Children must be supervised by their parents or a responsible adult. The Client also undertakes to ensure that children under their responsibility respect the quiet atmosphere of the establishment at all times.
SNC CFD accepts no liability for accidents occurring in or around the swimming pool. Children must, of course, be supervised by their parents.
SNC CFD may, as applicable, authorize the Client to park their vehicle in the AMG Hotel car park.
By entrusting their vehicle, the Client:
Use of Wi-Fi within the AMG Hotel is free of charge for Clients.
Illegal downloading is strictly prohibited and is the Client’s responsibility. The Client must comply with SNC CFD’s security policy, including the rules governing the use of security measures implemented to prevent unlawful use of IT resources, and must refrain from any act that undermines the effectiveness of those measures.
The Client undertakes to ensure that the IT resources made available by SNC CFD are not used in any way for the reproduction, representation, making available or communication to the public of works or any objects protected by an intellectual property right or related right without the prior authorization of the rights holders for any content protected under the provisions of the French Intellectual Property Code. The Client shall, at their own expense, indemnify SNC CFD against any action and/or claim brought by a third party alleging infringement of an intellectual property right, and shall bear all related costs and damages.
In this respect, the Client shall in particular compensate all losses, damages or costs (including reasonable legal fees and court costs) incurred by SNC CFD in connection with such an action, as well as all sums paid under settlements and/or damages that SNC CFD may be ordered to pay.
The Client agrees and undertakes to use the premises reasonably and in a manner that respects the image of the AMG Hotel. In addition, the Client undertakes not to disturb the peace and quiet of the AMG Hotel. Accordingly, any conduct contrary to accepted standards of decency, public order, or the image and reputation of the AMG Hotel may entitle SNC CFD to require the Client to leave the premises immediately and without any compensation. The Client shall be required to pay SNC CFD the full price stated in the Booking Form, and no refund or compensation of any kind may be granted as a result.
If no payment has yet been made, the Client must pay the price of the services consumed before leaving the AMG Hotel.
During the stay, the Client is responsible for the room made available to them and its furnishings.
The Client undertakes to use the AMG Hotel premises made available to them appropriately and not to cause damage, returning them in a clean condition consistent with the condition in which they were found when the Client first entered the premises concerned.
In general, the Client assumes responsibility for the consequences resulting from their negligence, faults or errors, and more generally for all direct and indirect, tangible or intangible damage caused to third parties or to SNC CFD and arising in connection with the Services.
In the event of damage or deterioration not reported before the Client’s departure (check out), SNC CFD reserves the right to charge the amount required for restoration work as well as any related costs arising from the AMG Hotel room being unavailable during that period. SNC CFD will provide the Client with an invoice for those costs.
The Client undertakes not to harm the AMG Hotel generally, disrupt the operation of the AMG Hotel, or compromise the safety of the AMG Hotel or of the persons present there, SNC CFD reserving the right to intervene if necessary.
A joint inventory inspection will be carried out by a bailiff or equivalent at the beginning and end of the Client’s stay.
Monitoring measures are implemented by SNC CFD. Safes are available to Clients in the rooms.
Clients are nevertheless advised to exercise caution, particularly with respect to high-value items. Clients are reminded that safes are available in the rooms of the AMG Hotel. Clients are especially advised not to leave any valuables in plain sight (in particular in rooms or in vehicles parked in the AMG Hotel car park).
SNC CFD accepts no liability in the event of theft, loss or damage to the Client’s valuables.
The Client undertakes to inform SNC CFD as soon as possible and no later than before departure (check out) if, during the stay, the Client is involved in an accident or if any of their valuables are damaged, lost or stolen.
As the general smoking ban has applied in France since January 2, 2008 in enclosed and covered premises, smoking is therefore prohibited inside the AMG Hotel, which is an entirely non-smoking establishment.
Accordingly, if a persistent smell of smoke is detected in a room after the Client’s departure, one additional night (at the rate of the last night) will automatically be charged at the time of the Client’s departure (check-out) for cleaning costs and to compensate SNC CFD for its inability to accommodate a new client.
SNC CFD processes personal data for the purposes of preventing risks to and ensuring the safety of property and persons, and combating unpaid amounts.
In this context, SNC CFD may decide to classify as “inoperative” any client whose inappropriate behavior falls within the following categories: assault and antisocial behavior, breach of contract, failure to comply with safety rules, theft, damage and vandalism, or payment incidents. This data is mandatory. Inoperative status may lead SNC CFD, which made the classification, to refuse a future booking by the Client when they wish to book another room at the AMG Hotel, for a period, depending on the reason, of between 122 days and 450 days (in the event of violence toward staff and/or guests, fighting within the AMG Hotel, insults, threats or threatening behavior toward staff and/or guests, noisy behavior disturbing guests, disabling security and/or safety equipment, unjustified activation of safety equipment or any other action creating safety risks for staff and/or guests).
The essential characteristics of the Services are described on the Site.
The photographs presented on the Service website are for illustrative purposes only. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the AMG Hotel and/or Services provide as accurate an overview as possible of the accommodation services, etc. offered, variations may occur, particularly due to changes in furniture or possible renovations.
In case of doubt, or to obtain additional information about the Services, SNC CFD may be contacted by email at the address displayed on the Site (https://hotelamg.com).
In any event, SNC CFD may not be held liable for any non-material errors that may occur in this respect.
For Accommodation Services, the price relating to the booking is available directly on the Site or communicated by telephone or email and is stated per AMG Hotel room and per night, for the number of person(s) and dates.
Certain fees may be charged to the Client in the event of cancellation of the booking or the Client’s no-show.
The price includes all taxes (excluding tourist tax).
The price includes only the Accommodation Services. Additional services related to the Accommodation Services that may be provided by SNC CFD during the Client’s stay and/or Catering and/or Optional Services will be added to the price stated in the Booking Form.
Regardless of the payment instructions, the Client declares themselves personally responsible for payment if the person, company or association (identified at the time of booking and presented as the guarantor for payment of the Accommodation Service fees) fails to pay part or all of the Accommodation Service fees on behalf of the Client.
Bookings for Accommodation Services are paid by bank card (Visa, MasterCard or American Express) via the secure link provided by SNC CFD to the email address indicated by the Client, or by bank transfer only.
Any additional fees charged by banking institutions shall be borne by the Client.
The accepted credit and bank cards are: Visa®, MasterCard®, American Express®, Diners® and Carte Bleue®. JCB cards are not accepted.
SNC CFD may accept different payment methods, but the Client must present to SNC CFD the bank card used to guarantee the booking or make the prepayment. SNC CFD must also ask the Client to present proof of identity for bank card fraud prevention purposes.
Payment for Accommodation Services is made in part at the time of booking. This prepayment will be treated as a deposit.
The Client will be asked to pay the balance of their Accommodation Service booking before the cancellation deadline indicated in the Specific Booking Conditions and restated in the Booking Form. Deposits and the balance of the booking may be paid by bank card, via the secure link provided by SNC CFD to the email address indicated by the Client, or by bank transfer, and in Euros only.
SNC CFD may not be held liable for any additional fees charged by banking institutions in this respect. In the event of payment by bank transfer, the Client must ensure that their name and stay dates are specified on the transfer order and send SNC CFD a copy of the payment confirmation issued by the Client’s bank. SNC CFD reserves the right to cancel the booking without notice if the required deposit amounts and/or payment of the booking balance are not received within the prescribed time limits.
If, for any reason whatsoever (objection, refusal by the issuing center, etc.), it proves impossible to debit the amounts owed by the Client, the booking will be cancelled immediately. The Client will be informed by email at the address provided by the Client at the time of booking.
The Client is responsible for saving and printing their payment certificate if they wish to retain the bank details relating to their transaction.
A pro forma invoice may be sent to the Client upon request in electronic format to the email address provided by the Client at the time of booking.
It is specified that prepayments for Accommodation Services treated as deposits may be refundable or non-refundable depending on the Specific Booking Conditions. Where deposits are designated as refundable, they will be refunded to the Client if the Client cancels before the cancellation deadline.
If the Client cancels after that cancellation deadline, no refund of deposits will be made, without prejudice to any debit/payment of the balance due for the booked Accommodation Services.
Where the Client has not fully prepaid the total amount of the stay no later than at the time of departure (check-out), the balance of the total amount of the stay, including taxes, will be debited and/or invoiced upon the Client’s departure.
In all cases, upon the client’s departure (check-out), the Client is also invoiced for the other Services and Ancillary Services consumed during the stay.
A security deposit, the amount of which will be specified in the Booking Form, will be requested by SNC CFD and must be paid by the Client by bank transfer or bank card within the time limits indicated on that Booking Form.
If payment is not made, access to the AMG Hotel premises will not be permitted.
It will be refunded within 14 days following the end of the Client’s stay if no damage is identified within 24 hours following the Client’s departure.
Otherwise, in addition to the booking fees, the Client will be responsible for any damage caused to the room or the AMG Hotel in accordance with Article 4.6 of this Contract.
An additional security deposit may be requested from the Client by SNC CFD during the stay when the amount of the Optional Services and disbursements exceeds 50% of the initial security deposit.
Where the amount of the Optional Services and disbursements has not been paid in full by the departure date, SNC CFD may invoice and deduct these sums within fourteen (14) days from check out from the amount of the security deposit to be refunded to the Client, for example (these examples being non-exhaustive), for consumed but unpaid services, transfers, damage, breakage, theft, non-payment, sending a forgotten item, loss of room or safe keys, etc.
The SNC CFD brand, together with all figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images and/or logos featuring the AMG Hotel on products and services sold by SNC CFD, their accessories or packaging, whether registered or not, are and remain the exclusive property of SNC CFD.
The Site and all graphic, textual, visual and photographic elements appearing on it, including in particular all illustrations, figurative or non-figurative trademarks, logos, images, drawings, photographs, characters, texts, decorations, presentation methods, graphics or any other element of the Site (hereinafter the “Content”) are and remain the exclusive property of SNC CFD and are protected in particular by intellectual property rights.
The SNC CFD Brand, the Site and/or its Content may under no circumstances be modified, reproduced, represented, distributed, displayed, marketed, incorporated into a derivative work or otherwise, in whole or in part and on any medium whatsoever. In general, the SNC CFD Brand, the Site and its Content may be used only for browsing the Site and, where applicable, for making a booking.
Use of all or part of the SNC CFD Brand, the Site and/or its Content, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these GTC, is strictly prohibited.
In connection with the performance of the Services, SNC CFD will process personal data relating to Clients and users of the Site.
On each personal data collection form, the Client is informed whether responses are mandatory or optional by the presence of an asterisk.
If information identified as mandatory is not provided, SNC CFD may be unable to record a booking or manage the Client’s complaints.
The processed information is intended for SNC CFD and its partners (in particular the online payment provider).
As part of pre-contractual measures for the purpose of booking or performing the hotel booking contract, SNC CFD and its partners may each, insofar as they are concerned, receive identity data, personal and professional life data, and economic and financial information for purposes including hotel booking and complaint management.
The Client authorizes SNC CFD to disclose their personal data to third parties provided that such disclosure is compatible with the performance of the operations incumbent upon SNC CFD under these general terms and conditions.
In particular, during online payment, the Client’s bank details must be transmitted by the payment provider to SNC CFD’s bank for performance of the booking contract. The Client nevertheless consents to this transfer as necessary for performance of their booking. In its capacity as a professional, the payment provider has undertaken toward SNC CFD to implement all security measures and measures protecting data confidentiality for such data transfers.
The Client may object, free of charge, to their data being used for marketing purposes, including commercial marketing. In accordance with the French Data Protection Act of January 6, 1978, the Client also has a right to object on legitimate grounds, and rights of inquiry, access and rectification concerning their data by writing to contact@homenresidences.com. SNC CFD may in particular send its Clients its “newsletter” (information letter) by email and a satisfaction questionnaire following their stay, while providing the Client with an unsubscribe link at the bottom of each commercial marketing email
Force majeure means any event external to the Parties that is both unforeseeable and insurmountable and prevents either the Client or SNC CFD from performing all or part of the obligations provided for in the contract. Force majeure or fortuitous events are those usually recognized as such by the case law of French Courts and Tribunals.
Neither Party may be held liable to the other Party for failure to perform its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends the Parties’ performance of their respective obligations and that each Party shall bear the costs arising therefrom.
For the avoidance of doubt, events of personal convenience are not considered force majeure events.
In all circumstances, and in particular in the event of a dispute, SNC CFD may validly establish evidence of the Client’s actions, validations and instructions, including the entry of required bank information, computerized records stored in the company’s IT systems, and the content of Clients’ messages and transactions, using connection logs, which the Client acknowledges.
SNC CFD invites the Client to read the GTC carefully before each booking, as they may have been amended.
The GTC may be amended and/or supplemented at any time by SNC CFD. In that case, the new version of the GTC will be posted on the Site in a readable and accessible format so that the Client may access and easily review it.
The GTC as amended/supplemented will take effect when posted online on the Site and will automatically apply only to bookings made after they are posted online. Bookings made before the posting date will be governed by the previous version of the GTC.
The Client may retain these GTC on a durable medium by printing them.
If any provision of the Contract is declared null, inapplicable or unenforceable by any competent court, the other provisions shall remain valid, applicable and enforceable unless otherwise ordered by that court.
The failure of either Party to invoke a right or a breach by the other Party shall not constitute, for the future, a waiver of the right to invoke that right or breach. Any waiver shall be enforceable only if expressed in writing by the Party granting it to the other Party.
Clause headings are for guidance only; in the event of any contradiction between those headings and their content, the content shall prevail.
The fact that SNC CFD does not invoke any provision of the Contract at a given time may not be interpreted as a waiver of its right to invoke that provision subsequently.
For convenience, an English-language translation of the GTC has been prepared. However, in the event of a dispute, only the French text shall prevail.
If the GTC are translated into another foreign language, the French language shall prevail over any other translation in the event of any challenge, dispute, difficulty of interpretation or performance of these terms and, more generally, with respect to the relations existing between the Parties.
The Contract is governed by and interpreted in accordance with French law, pursuant to EC Regulation 593/2008 of June 17, 2008, without prejudice to any mandatory protective provisions that may apply in the consumers’ country of residence.
Any Client wishing to exercise their right of withdrawal in the event of a dispute relating to the application and/or interpretation of the Contract or the Services undertakes to contact the relevant SNC CFD as a priority, using the contact details below:
SNC CFD
For the attention of Mr Frédéric FERY
42 rue de Maubeuge
75009 Paris
contact@hotelamg.com
In the event of a dispute between SNC CFD and the Client, they will endeavor to reach an amicable solution.
If no amicable agreement is reached, the Client is informed that they may use a conventional mediation procedure or any other alternative dispute resolution procedure.
In accordance with Ordinance No. 2015-1033 of August 20, 2015 and implementing Decree No. 2015-1382 of October 30, 2015, the Client may, for any consumer dispute or claim and subject to Article L612-2 of the French Consumer Code, refer the matter free of charge to the consumer mediator responsible for SNC CFD, namely the Association des Médiateurs Européens (AME CONSO), within one (1) year from the written complaint sent to SNC CFD.
The consumer mediator must be contacted:
• either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com under the “ONLINE REFERRAL FORM” tab;
• or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 Paris.
AME CONSO will attempt, independently and impartially, to reach an amicable resolution of the dispute.
The Client remains free to use mediation or not.
If SNC CFD resorts to mediation, the Client is also free to accept or refuse mediation.
Once the mediator’s decision has been issued, each Party is free to accept or refuse the solution proposed by the mediator.
Any difficulties relating to the interpretation, performance and expiry of the Contract, the general terms and conditions of sale or the services shall, in the absence of an amicable agreement under the conditions above, be subject to the exclusive jurisdiction of the competent Courts of Paris, including in summary proceedings, third-party proceedings or where there are multiple defendants. As an exception to the foregoing, in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
• the consumer client may choose to bring any dispute either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where the consumer resided at the time the contract was entered into or where the harmful event occurred, in accordance with Article R. 631-3 of the French Consumer Code;
• SNC CFD may bring proceedings before the court of the place where the consumer client is domiciled.
SNC CFD reserves the right to seek and obtain injunctions or orders to defend its rights hereunder.
In accordance with Article L. 223-1 of the French Consumer Code, the Client may register free of charge on the Bloctel telephone marketing opt-out list (www.bloctel.gouv.fr) in order to stop receiving telephone marketing calls from professionals, except where the solicitations occur in connection with the performance of an ongoing contract and relate to the subject matter of that contract.