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Terms and conditions

1. GENERAL


Name: FDH Chamonix
Address: 823, Allée Recteur Payot 74400 Chamonix France
SIRET: RCS in Annecy 82023401100022
Intra-community VAT no.: FR31 820 234 011
The general terms and conditions apply to all bookings and other transactions made with the company FDH Chamonix.


2. Preamble


These general terms and conditions ("GT&Cs") shall apply to any use of thewebsite by a Customer ("the Customer"), and in particular to bookings of anyaccommodation or service through the following channels:
- On the website https://www. lafoliedoucehotels.com ("the Site");
- By telephone or by e-mail to the hotel;
- On the premises at the hotel reception desk.
- Through Partners.

Our hotel reserves the right to adapt or modify these general terms andconditions at any time. The general terms and conditions applicable to a bookingare those published on the Site on the date of registration of the booking.
The GT&Cs may be supplemented by the Terms and Conditions of the BookedRate, expressly mentioned in the description of the selected rate at the time ofbooking on the Site. The Customer must confirm, by ticking the box, that he orshe has read and accepted these GT&Cs and the Terms and Conditions of theBooked Rate before definitively validating his or her booking; no booking ispossible without this agreement.
For any other booking method, the Customer shall receive the GT&Cs and theTerms and Conditions of the Booked Rate with his or her booking confirmation.The booking confirmation entails adherence to the terms and conditions, and fulland unreserved acceptance of their provisions.
The following information appears on the Site:
- The company's legal notice, which also includes the e-mail address andtelephone number for contacting the hotel;
- The essential characteristics of the accommodation offered by the hotel,
- The essential characteristics of the additional and optional servicesoffered,
- Prices including all taxes,
- The Terms and Conditions of the Booked Rate, the validity period of theoffers and the price thereof;
- The terms of payment,
- These GT&Cs.
The Customer, prior to booking, declares that this booking is made for thepurpose of meeting his or her personal needs.
All the information communicated on the Site is shown in French as well as inEnglish.
All customers acknowledge that they have the capacity to contract, meaning thatthey have reached the age of majority and are not under curatorship orguardianship.

3. Definitions


The terms below have the following meanings
"Summary": electronic page summarising the characteristics of theaccommodation booking and the services selected by the Customer on the Site.This page precedes:
- Acceptance by the Customer of the GT&Cs and the Terms and Conditions ofthe Booked Rate,
- Entry by the Customer of his or her bank details for prepayment orguarantee purposes.
"Booking Confirmation": electronic document sent to notify the Customer that hisor her booking has been received, summarising the characteristics of theaccommodation and services booked by the Customer.
"Customer": a natural person acting exclusively to meet his or her personalneeds.
"Terms and Conditions of the Booked Rate": Price applied on the date selected bythe Customer for a category of room with or without service, associated with itspayment conditions and cancellation conditions.
"Partners": refers to any service provider or partner that has entered into aservice contract or partnership agreement with the Hotel operator.
"Site": refers to the website https://www. lafoliedoucehotels.com.

4. Object


These general terms and conditions define the rights and obligations of theCustomer and the hotel operating company. They govern all the steps necessaryfor booking and management of the booking involving the contracting parties. The Customer acknowledges having read and accepted these general terms andconditions and the Terms and Conditions of the Booked Rate.

5. Booking


The Customer chooses his or her accommodation and services among thoseoffered by the hotel according to his or her needs.
The Customer acknowledges having taken note of the nature, price, destinationand booking terms of the accommodation and services, and having requestedand obtained any necessary and/or additional information, in particular the Termsand Conditions of the Booked Rate, in order to make his or her booking with fullknowledge of the facts.
The Customer acknowledges being duly informed that if making a booking formore than 10 rooms, the Customer must contact the hotel by telephone or e-mailto obtain the preferential group rate and the terms and conditions of this rate,and proceed with his or her booking. The hotel reserves the right to contact the Customer directly if the Customer has made more than 10 consecutive bookingson the website for the same period.
The Customer is solely responsible for choosing his or her accommodation andservices and ensuring their suitability in relation to his or her needs, so that thehotel cannot be held liable in this respect.
The booking is deemed to be accepted by the Customer after the bookingprocess is completed.
All bookings are nominative and can under no circumstances be transferred to athird party, whether free of charge or against payment. Any booking made foranother person must be made in the name of the third party staying at the hotel.


6. Booking process


The Customer's booking is made directly:
- online on the Site;
- by telephone or by e-mail to the hotel;
- on the premises at the hotel reception desk;
- through Partners.
The booking request is confirmed as soon as the Customer receives the BookingConfirmation, sent by the hotel or the Partner.
At the time of booking, the Customer must provide certain required data,including certain personal data necessary to process the booking. The hotelreserves the right to refuse any booking if these data are missing or incorrect.The Customer must also indicate the number of persons benefiting from theServices, as well as their age, any minor over 13 years of age being consideredan adult.
The Customer attests to the truthfulness and accuracy of the informationprovided.
The booking procedure includes the following steps in particular:
- Step 1 - Choice of room and Terms and Conditions of the Booked Rate,
- Step 2 - Selection, if applicable, of one or more additional services offered,
- Step 3 - Presentation of the booking summary, its total price, the Termsand Conditions of the Booked Rate, which include in particular the paymentconditions and cancellation conditions, modifications to the choice ofservices if necessary (date, room, rate, additional service), and informationconcerning the tourist tax,
- Step 4 - Communication by the Customer of his or her contact details,
- Step 5 - On the Site, the Customer shall confirm by ticking the box that heor she has read and accepted the GT&Cs and the Terms and Conditions ofthe Booked Rate before definitively validating his or her booking; nobooking is possible without this agreement. For any other booking method,the Customer shall receive the GT&Cs and the Terms and Conditions of therate with his or her booking confirmation. Confirmation of the bookingimplies adherence to the terms and conditions, and full and unreservedacceptance of their provisions,
- Step 6 - Disclosure of credit card numbers if a guarantee or prepayment isrequested,
- Step 7 - Confirmation and Validation of the booking and payment by theCustomer. Entry of bank details signifies acceptance by the Customer andhas the effect of committing him or her contractually to the hotel.
- Step 8 - Receipt by the Customer of the booking confirmation e-mail. Thise-mail summarises the date of the booking made, the services booked, theprices with details of any applicable taxes, the Terms and Conditions of theBooked Rate (including cancellation conditions), accepted by theCustomer, the general terms and conditions and the address of the hoteltaking the booking. If the confirmation e-mail is not received within 24hours after the booking is made, it is the Customer's responsibility tocontact the hotel in order to ensure that the information provided is correctand that the booking has been received.


7. Cancellation or modification


The Customer is reminded, in accordance with Article L. 221-28 12° of the FrenchConsumer Code, that he or she does not have the right of withdrawal provided forin Article L. 221-18 of the French Consumer Code.
The Terms and Conditions of the Booked Rate accepted by the Customer specifythe terms for cancelling and/or modifying the booking. If the Customer opts for aflexible rate, he or she must take all necessary measures to ensure that the hotelcan debit the outstanding amount of the booking price from his or her credit card,starting from the end of the period in which the Customer may cancel his or herbooking, and cannot object to this. In the event that such payment has not beenreceived from the Customer despite reminders from the hotel, the hotel maycancel the booking and retain the deposit paid by the Customer.
Bookings with prepayment at a non-refundable and non-cancellable rate cannotbe modified and/or cancelled. In the case of a booking with prepayment, at anon-refundable and non-cancellable rate, no refunds shall be given for anyinterruption to the stay.
When the Terms and Conditions of the reserved rate allow it, a booking made onthe Site can be cancelled or modified directly on the Site through the "Modify orcancel a booking" section by entering the booking reference and PIN codeindicated in the booking confirmation e-mail, or by contacting the hotel. Bookingsmade directly with the hotel at the reception desk or by telephone can only becancelled or modified by contacting the hotel.
The cancellation conditions and the consequences of the Customer's failure topresent himself or herself at the hotel (no-show) are specified in the Terms andConditions of the Booked Rate.

8. Hotel stay


Anyone staying at the establishment must present a valid identity document atcheck-in.
Foreign customers, including accompanying persons and teenagers over 15 yearsof age, shall be required to fill out an "individual police form". Children under theage of 15 may be included in an accompanying adult's form. The informationcontained in these forms is governed by Article R.611-42 of the French Code ofEntry and Residence of Foreigners and of the Right of Asylum.
The Customer can only bring third parties into the room after having requestedthe express permission of the hotel, which reserves the right to carry out anynecessary checks.
Only guide dogs and assistance dogs are allowed in the hotel.
The Customer accepts and undertakes to use the room and the communal areasmade available to him or her in a reasonable manner. Any behaviour contrary tothe principles of safety and/or hygiene, good morals and/or public order may leadthe hotel to ask the Customer to leave the establishment, without a refund.
The Customer may be charged directly for any damage caused by the Customeror by the occupants under his or her responsibility, to the room or to the variousareas occupied by the Customer during his or her stay, up to the total amount ofthe repair costs. In all cases, the damage caused must be reported to the hotelreception.
The items of equipment in the rooms (excluding consumables) made available tothe Customer such as towels, bathrobes, carafes, coffee machines, kettle, etc.are the property of the hotel. In the event that the hotel notes their absence afterthe room has been vacated by the Customer, the Customer may be charged forthese items by the hotel.
For safety reasons and out of respect for everyone, smoking in the hotel is strictlyprohibited. In accordance with the French Public Health Code in its provisionssetting out the conditions of application of the smoking ban in places allocatedfor collective use, a Customer smoking in the hotel may incur the fine providedfor third-class offences. A maximum penalty equal to the price of the reserved room may be applied if theCustomer does not obey the signs prohibiting smoking in his or her room.
In the event that the Customer does not check out at the time indicated in theTerms and Conditions of the Booked Rate, he or she will be charged for anadditional night unless the Customer has checked with the hotel in advance toensure that the room is available and the hotel has agreed to charge theCustomer an hourly rate applicable until such time as the room is vacated, withpayment being due for any commenced hour.

9. Liability


The photographs shown on the Site are non-contractual. Although every effort ismade to ensure that the photographs, graphic depictions and reproduced textsintended to describe the hotel give as accurate a view as possible of theaccommodation offered, variations may occur, particularly due to changes infurniture or possible renovations. The Customer shall not be entitled to make anyclaims in this respect.
In accordance with the laws and regulations governing intellectual propertyrights, the use and/or reproduction of all or any of the elements making up theoffers on the Site are strictly prohibited.
Any booking or payment found to be irregular, inoperative, incomplete orfraudulent for a reason attributable to the Customer shall result in the cancellation of the order at the Customer's expense, without prejudice to any civilor criminal action against the Customer.
The hotel reserves the right not to admit or to expel, without a refund, anyCustomer whose behaviour is inappropriate, indecent and/or negligent, anyCustomer exhibiting noisy, inappropriate or inebriated behaviour, and anyCustomer whose behaviour is contrary to hygiene, good morals and public order.Correct dress is required in the restaurants and public areas of the hotel. TheCustomer shall be courteous and respectful towards the hotel staff. Underpenalty of exclusion without a refund, the Customer shall refrain from any verbalor physical violence, any racist behaviour or remarks, and any form ofharassment.

10. Prices


The prices for the booking of accommodation and services are communicatedbefore and at the time of booking.
The prices communicated are per room for the number of person(s) and selecteddate(s). Unless otherwise stated, additional services (breakfast, half-board, fullboard, etc.) are not included in the price. The Customer's booking confirmationshall state the total booking amount. Prices take account of the VAT applicable onthe day of booking, and any change in the VAT rate shall automatically bereflected in the prices indicated on the date of the invoice.
Prices are confirmed to the Customer with all taxes included (incl. tax), in thecommercial currency of the hotel (the Euro). The stated prices are valid only for afixed period of time. All bookings are payable in the local currency of the Hotel.
If a rate entails payment at the hotel in a currency other than that confirmed inthe booking, the exchange charges (conversion and bank charges) shall be at theCustomer's expense. Please note that if a conversion from the currency confirmed in the booking to another currency appears, it is given for informationpurposes only and is non-contractual, particularly in view of possible changes inexchange rates between the date of booking and the date of arrival at the hotel.
The tourist tax and any other taxes specific to the municipalities indicated foreach rate are not included in the advertised rate and must be paid directly at thehotel upon check-in or check-out.
The tourist tax is 5% of the cost of a night's stay, up to a limit of €2.30 per adult per night.
Any modification or introduction of new legal or regulatory taxes imposed by thecompetent authorities shall automatically be reflected in the prices indicated onthe date of the invoice. Indeed, various taxes may be added to the ratesdepending on the city/country. These taxes shall be communicated to theCustomer at the time of booking, if they are known to the hotel at that time.Otherwise, they shall be displayed at the hotel reception desk. The Customerundertakes to pay the various taxes, without disputing them with the hotel.
The hotel guarantees that the best rates are offered on the Site. If, within 24hours of making a booking on the Site, the Customer finds an equivalent offer forthe same date(s), at a lower rate, for the same number of people and the same type of room, with the same services (breakfast, etc.) and the same terms andconditions (cancellable or not, refundable or not) on another website, excludingtourist tax but including booking fees, the hotel shall guarantee this rate with anadditional 10% discount.

11. Payment


The Customer shall provide his or her payment details either (i) to prepay for thebooking before the stay, or (ii) to guarantee the booking in case of "no-show".
For payments by debit or credit card, the information required is: the cardnumber, the date of validity (it is hereby specified that the card used must bevalid at the time of the stay) and the security code in the case of prepayment.
All steps of the booking process are secured using Secure Socket Layer (SSL)technology. Customer information is encrypted and protected by serverauthentication and data stream encryption. The security certificate used is issuedby the accredited third party company Thawte and used by the Availpro bookingsystem. In addition, the booking system is hosted in a secure server environmentequipped with biometric security, a firewall and other advanced technology toavoid interference and prevent any intrusion.
The Customer's payment card shall undergo security checks (outstandingbalance check, country of origin check, IP address check) by the designatedpartner and may be declined for several reasons: stolen or blocked card, limitreached, input error etc. In the event of a problem, the Customer must contacthis or her bank on the one hand, and the hotel on the other, to confirm his or herbooking and method of payment. Online payment can only be made using thecards indicated: Visa and MasterCard, and American Express. This list is subjectto change.
In the case of payment at the hotel, the hotel may accept different means ofpayment, but the Customer must present the card used to guarantee the bookingor to make the prepayment to the hotel in order to confirm the identity of theCustomer. The hotel may also require the Customer to show proof of identity forthe purpose of preventing credit card fraud.
At the time of prepayment, the amount debited when the booking is madecomprises: the price of accommodation, taxes related to accommodation, theprice of food if the breakfast option is chosen, taxes related to food and any otheradditional services selected by the Customer, excluding tourist tax and/or anyother tax that may be due because of the Customer's stay at the hotel.

12. Personal data


The personal data required from you when making your booking, namely yourtitle, last name, first name, postal address, telephone number with country code,e-mail address, payment card references (number, card type, cardholder name,expiry date and security code in the event that it is disclosed to us), as well asany data communicated or generated by your browsing, constitute confidential data.
These data are only accessible to the hotel and to the companies of the "LesHôtels (Très) Particuliers" group, which include the hotel, as well as to our subcontractors in charge of managing our "bookings" module, for the purpose ofprocessing your bookings and stays. Your personal data is kept as long as isnecessary for the commercial relationship established between the Customer andthe hotel, with the exception of your e-mail address, which may be kept for thepurpose of sending newsletters or commercial offers, unless specified otherwiseby the Customer.
Some of the information requested in the forms is required and is marked with anasterisk. If you choose not to provide us with this information, we will not be ableto process your request.
In accordance with the French data protection act, the "Informatique et Libertés"Law of 6 January 1978 as amended, you have the right to access, rectify, delete,and request restriction of the processing of your personal data. You also have theright to object to the processing of your data for legitimate reasons and the rightto object to the processing of your data for marketing purposes, as well as theright to give us instructions on the fate of your data after your death. For moreinformation about how your data is processed and all your rights concerning yourpersonal data, please refer to our privacy policy: http://www.hotlsreinvnted.com/.To exercise these rights, please contact Les Hôtels (Très) Particuliers by mail at 10rue de Penthièvre 75008 Paris, or by e-mail at the following address: [email protected]

13. Agreement on evidence


Entry of the required bank details, as well as acceptance of the GT&Cs and theTerms and Conditions of the Booked Rate, constitutes acceptance of the hotelcontract between the parties, having the same value as a handwritten signature.
The computerised registers kept in MEWS SYSTEMS' computer systems shall bekept under reasonable security conditions and considered as evidence ofcommunications, orders and payments between the parties.

14. Force majeure


Neither of the parties shall be held liable to the other party in the event of non-performance of its obligations resulting from a case of force majeure.
It is expressly agreed that force majeure suspends, for the parties, theperformance of their mutual obligations and that each party shall bear the costsarising therefrom.
Cases of force majeure are considered to be those usually recognised by thejurisprudence of the Court of Cassation. In the event of force majeure or any other exceptional event preventing the Hotelfrom making the booked room available to the Customer, the Hotel may offer anaccommodation solution in a hotel of at least the same category or, if it is of alower category, a room of a higher standard than the one originally booked, forservices of the same nature. Any additional costs associated with this relocation,for services of the same nature, shall be borne by the hotel.
In the event that the relocation is not accepted by the Customer or is impossibleto implement, the Customer may agree with the hotel on the terms ofpostponement of his or her stay or, in the absence of agreement between theparties, cancel his or her booking and be entitled to an immediate refund.

15. Hardship


The GT&Cs expressly exclude the legal regime of hardship provided for in Article1195 of the French Civil Code. The Hotel and the Customer therefore each waivethe right to avail themselves of the provisions of Article 1195 of the French CivilCode and the hardship regime provided for therein, undertaking to fulfil theirobligations even if the contractual balance is upset by circumstances that wereunforeseeable at the time of entering into the contract, and even if theirperformance were to prove excessively onerous, and to bear all economic andfinancial consequences thereof.

16. Applicable law


The GT&Cs are governed by French law.
The Customer is informed by the Hotel of the possibility of resorting, in the eventof a dispute relating to these GT&Cs, to a conventional mediation procedure orany other alternative dispute resolution method, under the conditions providedfor in Title I of Book VI of the French Consumer Code.
After having referred the matter to the hotel's customer service department (e-mail address: [email protected]) in an attempt to resolve the disputeamicably, and in the event of a negative response or no response within sixty(60) days of the referral, the Customer may refer the matter to the Médiateur DuTourisme et du Voyage (French tourism and travel ombudsman) by e-mail via thereferral form available on the website www.mtv.travel, or by mail to the followingaddress:
MEDIATION TOURISME ET VOYAGE
BP 8030375823
PARIS Cedex 17


17. Entirety


The G&TCs, the Terms and Conditions of the Booked Rate reserved by theCustomer, and the booking confirmation express the entirety of the parties'obligations.
No general or specific conditions proposed by the Customer can be added to theGT&Cs.
In the event of a contradiction between the Booking Confirmation containing theTerms and Conditions of the Booked Rate and the GT&Cs, the provisions in theBooking Confirmation shall prevail.
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