ALL GIFT CARD GENERAL TERMS AND CONDITIONS

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 a gift card (“the Buyer”) on accor-giftcards.com (“the Site”) and (ii) the cardholder of a gift card (“the Recipient”). The Buyer and the Recipient are hereinafter jointly referred to as the “the Customer”.  

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 on the Site, the Buyer declares (i) that said Buyer is acting for his/her own personal purposes and not for any purpose in connection with a business activity of the Buyer or otherwise; and (ii) the Buyer has the full legal capacity to accept these General Terms and Conditions.  
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. Buyers are 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. 
General terms and conditions of services apply for the reservation of any Service offered on the Site via the Gift Card.   
Valid Gift Cards are eligible means of payment for the Services but are covered by the limited network exclusion of the European Payment Services Directive 2 (“PSD2”). 

Prior to buy the Gift Cards, the Buyer declares (i) that said Buyer is acting for his/her own personal purposes that are not part of said Buyer's commercial, industrial, artisanal, independent or agricultural activity and (ii) the Buyer has the full legal capacity to accept these current General Terms and Conditions. The Buyer purchases a Gift Card from the Site, where he/she can choose the Gift Card of the amount of his/her choice and will have to fill out a form indicating his/her first name, last name, e-mail address, country of residence and the Recipient's e-mail address. The Buyer will complete his/her purchase by proceeding to payment.  
ACCOR will send purchased Gift Cards to the email address the Buyer states in the order form (Buyer or a nominated initial Recipient of a Gift Card) following receipt of the Buyer’s payment. The Gift Card will be sent in electronic format, as a PDF file with a unique ID. ACCOR will send an order confirmation to the Buyer’s e-mail address. At the same time ACCOR will deliver the then-current version of these General Terms and Conditions to the Buyer.   

The price related to the Gift Card is indicated before, during and after the purchase.  
When selecting the initial balance of the Gift Card, the Buyer can choose from suggested amounts or insert an amount determined by the Buyer, subject to this amount being equal to or greater than the minimum specified on the Site. The amount of the Gift Card shall not exceed 250 EUR/GBP/CHF per Gift Card, with a limitation of 10 000 EUR/GBP/CHF VAT including per Buyer and per year. The amount of the Gift Card shall not exceed 1 200 PLN per Gift Card, with a limitation of 47 000 PLN VAT including per Buyer and per year  
Prices listed in Gift Card include a value-added tax (VAT) (where applicable).  

The Buyer provides his/her payment information to purchase the Gift Card, indicating directly, in the area provided for such a purpose (secure entry by SSL encryption) when it is a credit card: the credit card number, without spaces between the figures, its date of validity and the security code as part of a pre-payment on the payment platforms mentioned below. 
ACCOR has chosen a provider to secure online payments by bank card. The credit card of the Buyer is examined for its validity by this partner and can be refused for several reasons: card stolen or blocked, limit reached, input error, etc. In the event of any problem, the Buyer will have to approach his/her bank and the customer care to confirm his/her purchase and payment method.  
The online payment methods (cards, wallet, etc.) available and mentioned on the payment page of the Site may be Visa and Mastercard. This list is subject to change. 
If the Buyer is a member of ALL – Accor Live Limitless programme, he/she cannot use his/her points to purchase the Gift Card. The Buyer cannot earn ALL – Accor Live Limitless programme points when purchasing a Gift Card, except in the case of a special and temporary offer for which the conditions for earning points and the number of Reward points to be credited will be detailed at the time of purchase.  
An order confirmation will be sent in electronic format to the e-mail address communicated by the Buyer at the time of his/her purchase. 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 Buyer has the right to cancel a Gift Card order made via the Site, without giving any reason, within 14 days of the date of delivery of the Gift Card to the original Recipient of the Gift Card. However, this right of withdrawal is not valid if the Gift Card has been used (including where a Service has been pre-paid with the Gift Card). Click here to access the form. 
  

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 are to be bought online and redeemed at any participating hotels as a mean of payment by indicating the ID number indicated on the Gift Card. The reservation can be completed by another means of payment, within the limit of the means of payment accepted by the hotel concerned.  
The Gift Card can be used in every participating hotel located in Europe.  
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 Gift Card can be redeemed for any hotel invoice, including for a package. However, the booking must be made via direct channel only, only at the participating hotel. The card cannot be redeemed against a third party such as for instance travel agency or OTA booking. The card cannot be redeemed for the purchase of Gift Cards. 
When using the Gift Card, the Recipient accepts these General Terms and Conditions that were in force by the time of purchase. If the Recipient 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 Recipient’s failure to show up on the first day of his/her reservation of hotel room ("no show") paid with the Gift Card, the Recipient's reservation will be cancelled in full. The Recipient 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 Recipient will not be entitled to any reimbursement or compensation. At the moment (Juin 2023), however, it is not yet possible to pay for your stay in advance with the Gift Card. 

The Gift Card sold on accor-giftcards.com 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.   
Without limiting the right of the Buyer to cancel a Gift Card in accordance with these General Terms and Conditions, 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 risk of loss and title to the Gift Card passes to the Buyer and the Recipient when ACCOR electronically transmits the Gift Card to the Buyer or the Recipient. ACCOR will not be liable if a Gift Card is lost, stolen, destroyed or used without the Buyer’s or Recipient’s authorization.  
ACCOR will have the right to charge an alternate payment method if a fraudulently obtained Gift Card is used. All information accessible through this Site is provided as is. ACCOR gives no explicit or implicit guarantees and assumes no liability regarding the use of this information. The Buyer has sole responsibility for the use of such information. The Buyer also has sole responsibility for the content of the message and information they write with the Gift Card and choose to send to one or more Recipients. The Buyer undertakes to give details solely of email addresses for third party recipients that they have obtained by lawful means and in agreement with them. 

Valid Gift Cards are eligible means of payment for the Services but are covered by the limited network exclusion of the European Payment Services Directive 2 (“PSD2”). ACCOR’s liability is always limited to no more than outstanding balance of the Gift Card. ACCOR is not responsible for any damages or delays resulting from force majeure such as strike, lockout, blockade of payment, communication disorder.   

The information concerning the Buyer and the Recipient 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, where applicable, the crediting of points if the Buyer is an ALL - Accor Live Limitless member. To this end, Accor SA collects the personal data provided by the Buyer relating to the surname, first name, ALL - Accor Live Limitless card number, country of residence and email address of the Buyer as well as that of the Recipient 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 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 

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 General Terms and Conditions are governed by French law, without hindering the mandatory protective provisions that may be applicable in the country of residence of the Customers. 
Accor hereby notifies the Customer 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 Customer 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 Customer 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 12.06.2023