ALL ACCOR GIFT CARD FOR BUSINESS - GENERAL TERMS AND CONDITIONS

DEFINITIONS

Accor: refers to ACCOR SA and its subsidiaries. 

ACCOR is a Société Anonyme, registered in the Nanterre Trade and Companies Register under number 602 036 444, whose registered office is located at 82, rue Henri Farman CS20077 - 92445 Issy-les-Moulineaux - France and whose intracommunity VAT number is FR 93 602 036 444 (hereinafter “ACCOR”). ACCOR is registered as a travel agent under number IM091100035 whose guarantor is: WHITE ROCK INSURANCE (Europe) PCC Limited - Vision Exchange Building - Triq it-Territorjals, Zone 1, Central Business District - Birkirkara CBD1070 - MALTA and whose insurer is: CHUBB - 31 place des Corolles - 92400 Courbevoie - France.

Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control of a Party from time to time.

Buyer / Buying Company: refers to the buyer of the gift card. The Purchaser may or may not be the Beneficiary of the Gift Card. 

Beneficiary: refers to the physical person acting for personal purposes and not in the context of his or her commercial, industrial, craft, independent or agricultural activity who holds a Gift Card and can purchase services in participating hotels using this Gift Card.

Conflict of Interests means any circumstance in which the performance of Counterparty or its ability to perform its obligations under this Agreement, may be or may reasonably be perceived to be materially compromised due to the competing or potentially competing interests, commercial or otherwise, of Counterparty or any of its Relevant Parties.

Control the possession of the power to direct or cause the direction of the management and policies of a Party: (a) through ownership or ultimate ownership of more than fifty percent (50%) of all voting or equity securities; or (b) arising by virtue of any shareholder or other agreement by which the relevant person has such power.

Counterparty / Buyer means the entity with whom Group Contracting Entity is engaging under the terms of this Agreement.

Entity means the Group entity that is a party to this Agreement with the Buyer

Ethical Business: Conduct Laws means Legal Requirements relating to the protection of internationally recognised human rights, anti-bribery and corruption, money laundering, terrorism financing or economic, financial or trade sanctions, regulations, embargoes or similar restrictive measures, including the Responsible Sourcing Laws and Sanctions Lists.

Gift Card: means the dematerialized cards issued by ACCOR which represents a prepaid monetary value and which may be used as a means of payment for the purchase of services directly offered by participating hotels.

Governmental Body means any local, state, federal, national, foreign or supra-national entity that is, whether fully or partly: owned, formed, established, operated, controlled, managed, funded, preserved or maintained by any governmental or public organization or that otherwise enjoys or exercises any form of authoritative governmental function. A Governmental Body may include any department, ministry, agency, instrumentality, judicial body, military or other public defence organization, political party or a former/current elected Public Official.

Group:  Accor S.A. and its Affiliates.

Group Contracting means the Group entity that is a party to this agreement with the Buyer.

Group Policies such policies, principles, standards and commitments developed for the Group and that may be adopted from time to time, by the Group and which include: (c) the “Ethics and Corporate Social Responsibility Charter”, being the Group’s code of conduct, setting out the key commitments, fundamental principles, expectations and duties by which all that fall under the Group banner are required to follow, available at: https://group.accor.com/en/group/our-governance/accor-ethics-and-compliance; (d) the “Human Rights Policy” which clarifies and reaffirms commitments made on the treatment of human beings, describing what the Group expects from all business partners and how such commitments are incorporated into the Group corporate culture, available at: https://group.accor.com/en/commitment/areas-focus/people; (e) the “Responsible Procurement Charter” including the statements made by the Group to all suppliers and service providers, formalising expectations of all companies with whom the Group has direct or indirect business relationships throughout the value chain and the cornerstone of sustainable commercial relationships to be systematically associated with purchasing or listing contracts in any way associated with the Group, available at: https://group.accor.com/-/media/Corporate/Group/Documents/2023/04/28/Responsible_Procurement_Charter_vEN.pdf; and (f) such other policies as are applicable in accordance with applicable Group Policies. as the same may be reasonably amended, replaced and/or supplemented for a bona fide purpose, from time to time.

Legal Requirements all laws, statutes, ordinances, codes, orders, rules, regulations, permits, licenses and authorisations, whether local, national or international in relation to the performance of the Parties respective obligations under this Agreement that are applicable to the Parties or to any of their Relevant Parties, as may be amended from time to time.

Participating Hotels: refers to the hotels operated under ACCOR brands in which the Beneficiary may use the Gift Card. List of participating hotels.

Public Official means any officer or employee of a Governmental Body or any person acting on that person’s behalf. A Public Official may also be a political party official and a candidate for political or public office.

Relevant Parties a Party and its respective Affiliates and its or their employees, officers, directors, shareholders and ultimate beneficial owners.

Responsible Sourcing Laws means Legal Requirements relating to the responsible procurement of goods and services in the supply chain or operations of an organisation, such as those contained in the French Duty of Vigilance Law, the German Supply Chain Due Diligence Law, the UK Modern Slavery Act, the Australian Modern Slavery Act, the Californian Transparency in Supply Chains Act and other similar, analogous supply chain, human rights and labour rights legislation.

Sanctions Lists means any economic, financial or trade sanctions, regulations, embargoes or similar restrictive measures that are adopted, administered, enacted or enforced by or in respect of (among others), the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), the U.S. Department of State, the United States Department of Commerce, the United Nations Security Council, the European Union (including any of its member states), the United Kingdom or the French Republic or any Governmental Body of any of the foregoing.

These general terms and conditions (hereinafter, the "General Terms and Conditions") apply to the contractual relationship between, on the one hand, Accor S.A. and its subsidiaries (“ACCOR”) and, on the other hand (i) a buyer of gift cards (“the Buyer" / the Buying Company”) via the order form (“order form”) and (ii) the cardholder of a gift card (“the Recipient”). The Buyer and the Recipient are hereinafter jointly referred to as the “the Client”.  

The gift card (“Gift Card”) allows the Recipient to apply an amount up to the outstanding balance of the Gift Card as credit to the cost of any hotel-specific service in respect of participating hotels. The Gift Card can be spent for any Services that are available in the participating hotel and delivered directly by these hotels. 

Prior to purchasing any Gift Card via the Order Form, the Buyer certify that he/she is duly authorized to complete this form and place this order and that he/ she will comply with all required laws. 

 The Buyer is invited to carefully read these General Terms and Conditions, prior acceptance of which is mandatory for the purchase of a Gift Card on the Site. It is advised to save and print these General Terms and Conditions using the standard functionalities of their browser and computer. ACCOR has the right to cancel a completed order or annul the purchase without any making any repayment of compensation to the Buyer if these General Terms and Conditions have been breached.   
ACCOR reserves the right to modify or supplement, at any time, all or part of these General Terms and Conditions. In this case, the new version of the General Terms and Conditions will be available on the Site with the effective date. Customers are advised to regularly consult the General Terms and Conditions to be aware of any changes. In any case, the Customer will only be bound by the version of the Terms and Conditions in force at the time that the Buyer purchases the Gift Card.    
The Buyer assumes the exclusive responsibility of paying, if necessary, for all the technical means necessary to gain access to the Site.   

The Buying company purchases Gift Cards via the Order Form, where it can indicate the number, amount(s), currency & the personalization of the Gift Cards, as well as the company billing details and the contact person to receive the invoice and gift cards. The Buying company completes the purchase by accepting these current Terms & Conditions.  

ACCOR will send an invoice to the buying company. Once payment has been received by Accor, the buying company will be given access to the purchased gift cards through the order management page - the link to this page will be sent to the email address provided by the buying company in the order form. Through the order management page, the buying company can change the message on each gift card and forward each card electronically to their chosen beneficiary. 

The price related to the Gift Cards is chosen by the Buying company and indicate in the Order Form

The Buyer can choose any amounts between 20 - 250 EUR / GBP / CHF or 100 - 1200 PLN  per Gift Card. 

Prices listed in Gift Card does not include any tax such as VAT (where applicable).

An invoice will be sent to the email address stated in the order form within 5 working days. No Tax invoice is issued at the time of purchase of the gift card but is instead issued when the gift card is redeemed according to the service consumed. 

The payment method is selected by the buying company on the order form. Currently available and indicated on the order form are bank transfer and PaybyLink (Visa, Mastercard, Apple Pay and Google Pay). This list is subject to change. 

The ALL Accor Gift Cards ordered can be personalised with a predefined personal message on the gift card. This predefined personalised message can be customised before being sent to the gift card recipient via the order management page.

A company logo can be added to the gift card if the Buyer explicitly authorises Accor in the order form to use the brand(s)/logo(s) to add the logo to the gift card.

Valid Gift Cards are eligible means of payment for Services but are covered by the limited network exclusion of the European Payment Services Directive 2 (“PSD2”). 

 Gift vouchers can be redeemed at any participating hotels in Europe as a mean of payment.

The reservation can be completed by another means of payment, within the limit of the means of payment accepted by the hotel concerned. 

A Beneficiary can use several Gift Cards for the same booking. 

The outstanding balance of the Gift Card can be redeemed in full or partially, in one or several occasions.   
The Gift Card is not personal to the original Recipient and can be transferred but it cannot be sold. The Gift Card can only be redeemed by a person who is in possession of the Gift Card code and who is the first to redeem the Gift Card by providing the code at the hotel.  

The reservation must be made directly with a participating hotel (online at all.com, via the ALL app, by phone, or by email). The Beneficiary cannot use the Gift Card through a third party, such as a travel agency or an OTA booking. 

The Gift Card cannot be extended, exchanged, or refunded. 

If the Beneficiary is a member of ALL – Accor Live Limitless programme, he/she can earn Reward points when redeeming his/her Gift Card, if his/her reservation is eligible to earn points, in accordance with the Membership T&Cs.    

In the event of the Beneficiary’s failure to show up on the first day of his/her reservation ("no show") paid with the Gift Card, the Beneficiary's reservation will be cancelled in full. The Beneficiary is informed that in such a case, the participating hotel will put his or her rooms up for sale and if the reservation is non-cancellable / non-exchangeable / non-refundable, the Beneficiary will not be entitled to any reimbursement or compensation.  

No advance online payment can be made with the Gift Card. Any bookings paid in advance will be refunded at the hotel and your gift voucher will be used as payment. 

In the event of cancellation of a non-cancellable / non-refundable rate paid with the Gift Card, no amount will be refunded to the Beneficiary or the Purchaser. 

The Gift Card sold via the order form is valid until three (3) years from the date of purchase without hindering the mandatory protective provisions that may be applicable in the country of residence of the Recipient. The expiration date is shown on the Gift Card. The Services in respect of which the Recipient wishes to apply the Gift Card must take place during Gift Card’s validity time.    
ACCOR will not in any circumstances repay to a Buyer or Recipient the monetary value of the outstanding balance of the Gift Card at any time, whether requested before or after the expiry of the validity of the Gift Card. After the expiry of the Gift Card, neither the Buyer nor any Recipient will have any right in respect of the outstanding balance of the Gift Card. 

The transfer of risks relating to the Gift card takes place when they are electronically delivered to the Buying Company, to any person claiming to be entitled to receive the Gift Card, entitled to receive the Gift Card ACCOR may not be held responsible for any theft, loss, destruction, falsification or fraud that may occur from the time of delivery of the Gift Cards

The risk of loss and title to the Gift Card passes to the Buyer and the Beneficiary when ACCOR electronically transmits the Gift Card to the Buyer or the Beneficiary. 

ACCOR will not be responsible if a Gift Card is lost, stolen, destroyed, or used without the authorization of the Buyer or the Beneficiary.

ACCOR will have the right to charge another payment method if a Gift Card obtained fraudulently is used.

All accessible information is provided as is. ACCOR makes no express or implied warranty and assumes no responsibility regarding the use of this information. The Buyer is solely responsible for the use of this information. The Buyer is also solely responsible for the content of the message and the information they write with the Gift Card and choose to send to the Beneficiary. The Buyer agrees to only share the email addresses of third-party recipients that they have obtained legally and in agreement with them.

The Participating Hotels are operated by legal entities separate from ACCOR. 

ACCOR and the Participating Hotels are bound by a contract under which ACCOR provides hotel expertise, brands, and various services, including distribution, sales, marketing, and loyalty services. As ACCOR acts as an agent of the Participating Hotel, the Customer cannot hold ACCOR or any ACCOR Group company liable for any failures attributable to each Participating Hotel.  

The information concerning the Buyer and the Beneficiary of the gift card is processed by Accor SA acting as data controller for the processing of the data. This data processing is necessary for the execution of the Gift Card sending service, as described in the terms and conditions and for the Invoice creation and sending. To this end, Accor SA collects the personal data provided by the Buyer relating to the surname, first name and email address of the person ordering on behalf of the company as well as that of the Beneficiary of the Gift Card. This data is required for the generation, sending and use of the Gift Card and is intended for use by Accor SA authorized employees, the service provider in charge of the execution of this service, and the participating hotels in which the Changed from ‘buyer’ to ‘person ordering on behalf of the company Gift Card will be used. Unless otherwise provided by law or regulation, the data will be kept for a period of 12 months from the expiry date of the Gift Card.  
To exercise your rights (access to data, rectification, erasure, limitation or objection to processing, data portability, definition of guidelines for the processing of your data after your death), please write to uk.datapolicy.giftcards@accor.com. You can also file a complaint with a supervisory authority: https://all.accor.com/information/legal/data-protection.en.shtml 

The Accor brand, as well as all figurative or non-figurative trademarks and, more generally, any other distinctive signs appearing on the Website, whether registered or not (the "Trademarks"), are and remain the exclusive property of Accor or have been licensed to Accor. No rights or usage licenses are granted to the Customer regarding the Trademarks. 

The Website and all graphical, textual, visual, and photographic elements it contains, including but not limited to illustrations, images, designs and models, photographs, fonts, textual elements, layouts, data access methods, databases or other data organization, graphics, or any other elements appearing on the Website (the "Content"), are and remain the exclusive property of Accor or have been licensed to Accor and are protected by intellectual property rights. No rights or usage licenses are granted to the Customer regarding the Content. 

Gift Cards may not be resold by the Buying Company or the User to any third party whatsoever, whether free of charge or for a fee.

ACCOR reserves the right to terminate its commercial relations with any Buying Company failing to comply with these without notice or compensation.

Depending on the local law and depending on each situation , the value of these Gift Cards may be considered as benefit in kind for your companies and therefore proper social security deductions apply. As a buyer of this product, you are fully aware of this and bear full responsibility to comply with social security regulations.

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.  

The Buyer and the Beneficiary can contact our Customer Care Team by email if they have any questions or difficulties: customercare@accor.com.  

The General Terms and Conditions are governed by French law and the French jurisdiction will be competent.  
Accor hereby notifies the Client of the possibility of recourse in the event of a dispute concerning these General 

Terms and Conditions to a procedure of conventional mediation or any other alternative form of dispute resolution within the conditions provided for in Title I of Book VI of the French Consumer Code.   
After having appealed to Client Service to try to resolve the dispute amicably, and in the event of a negative answer or the absence of an answer within sixty (60) days from the referral, the Client can contact the Mediator for Tourism and Travel - BP 80303 - 75823 Paris Cedex 17.   
• The Mediator's referral procedure and contact information are available by clicking the following link: https://help.accor.com/s/article/i-want-to-contact-a-mediator-after-a-dispute-during-my-stay-unsolved-amicably?language=en_US&topicId=0TO3W000000GqfMWAS  on the Reservation tab in the Help and Support section, or at the website www.mtv.travel.   
• The referral to the Mediator can be done within twelve (12) months after the first complaint.   
• The Mediator's referral form is accessible at the following link: https://cloud7.eudonet.com/Specif/EUDO_03874/FormulaireDossierLitiges/home.aspx.  

Date 02.04.2025