ACCOR S.A. Terms and conditions of sale
ACCOR is a limited company, registered in the Trade and Companies register under no. RCS Nanterre 602 036 444, headquartered at 82, Rue Henri Farman CS20077 - 92445 Issy-les-Moulineaux - France, and whose intracommunity VAT no. is FR 93 602 036 444, and which is entered in the Register of Travel Agents and Other Tour Operators under no. IM091100035. Guarantor: WHITE ROCK Insurance PCC Limited - Suite 913 Europort - GX11 1AA GIBRALTAR. Insurer: ALLIANZ GLOBAL CORPORATE & SPECIALTY, Tour Opus, 77 Esplanade du Général de Gaulle, 92081 Paris La Défense (hereinafter "ACCOR S.A.").
(To contact us: telephone: +33 (0)1 45 38 86 00)
1. Preamble
1. Before ordering services, customers state that the reservation of these services is for their own personal use.
2. As consumers, customers have specific rights, which would be called into question in the event of the services reserved being used for the purpose of their commercial, industrial, business, professional or agricultural activities.
3. All information available on the Website and Mobile Services enabling the reservation of services, is given in French as well as in several other languages.
4. Customers confirm that they have full legal capacity to commit to these terms and conditions.
5. Customers agree to the ACCOR S.A. terms and conditions of sale and the conditions of sale for the rate reserved at the time of reservation; no reservation is possible without this agreement.
6. Customers have the option of saving and editing these terms and conditions by using the standard functions on their browser or computer.
1. ACCOR S.A. publishes and operates the all.accor.com hotel reservation website and the Accor mobile service.
1.1 Accor Services
2. The Website and Mobile Services enable users to reserve rooms in the various hotel brands managed by ACCOR S.A.
3. Other services can be reserved through the Website or Mobile Services with partners of ACCOR S.A. Reservations are made directly between the customer and the partners of ACCOR S.A.
4. The customer confirms having received from ACCOR S.A. all the necessary information on the Website or Mobile Services.
5. All reservations made via the Website or Mobile Services imply consultation and full and unreserved acceptance of these terms and conditions and the conditions of sale for the rate reserved.
6. The Website and Mobile Services include the following information:
- The legal notice enabling precise identification of ACCOR S.A. and stating its corporate name, the address at which it operates, its email address, telephone number, registered office, individual VAT identification number, references related to its entry in the Register of Travel Agents and Other Tour Operators and, if different, the address of the establishment responsible for the offer, the name and address of the guarantor providing a financial guarantee to ACCOR S.A., the name and address of the insurer providing civil and professional liability insurance to ACCOR S.A.
- The main features of the accommodation offered (hotel facilities may be viewed at the reservation stage depending on the hotel selected)
- Additional services offered (valid only on the Website)
- Prices
- Payment methods
- General terms and conditions of sale and conditions of sale for the rate reserved
- Validity of the offer and its price
- Minimum length of the proposed contract, if applicable
- Methods of payment accepted.
7. The main features of the accommodation offered, prices and available dates of the accommodation are shown on each hotel page during the reservation process.
1.2 Partner services
1. ACCOR S.A. concludes partnership contracts with third-party travel websites. These partnerships are intended to allow the customer to search, select, and reserve rooms in the various hotel brands managed by ACCOR S.A., by using partner services on partner Websites and Mobile Services, without leaving the interface of the partner Website or Mobile Services, but directly with ACCOR S.A.
2. The Website and Mobile Services enable users to reserve rooms in the various hotel brands managed by ACCOR S.A.
3. The customer confirms having received from ACCOR S.A. all the necessary information on the Website or Mobile Services.
4. Any reservation of rooms in the various ACCOR S.A. hotel brands, via the Website or Mobile Services of a Partner requires consultation and complete, unconditional acceptance of these specific partner terms and conditions, the conditions of sale for the rate reserved and the ACCOR S.A. terms and conditions of sale.
5. The following information is mentioned throughout the various steps of the reservation process via the partner service on the Website or Mobile Services of each partner:
- - Identification of ACCOR S.A., stating its corporate name, the address at which it operates, its email address, telephone number, registered office, individual VAT identification number, references related to its entry in the Register of Travel Agents and Other Tour Operators and, if different, the address of the establishment responsible for the offer, the name and address of the guarantor providing a financial guarantee to ACCOR S.A., the name and address of the insurer providing civil and professional liability insurance to ACCOR S.A.
- The main features of the accommodation offered (hotel facilities may be viewed at the reservation stage depending on the hotel selected)
- Prices
- Payment methods
- General terms and conditions of sale and conditions of sale for the rate reserved
- Methods of payment accepted.
6. The main features of the accommodation offered, prices and available dates of the accommodation are shown on each hotel page during the reservation process.
2. Definitions
The terms used in this document are defined as follows:
- "acknowledgment of receipt":
- Email sent by the Accor Website or Mobile Services to the customer summarizing the customer's reservation and confirming its receipt by the Accor Website or Mobile Services.
- For the partner services, this means the email sent by ACCOR S.A. to the customer summarizing the reservation made by the customer via the service available on a partner's Website or Mobile Services, and confirming its receipt by ACCOR S.A.
- "conditions of sale for the rate reserved":
- Specific conditions for each reservation made by the client, relating to the payment of the reservation, and whether or not the reservation can be modified or cancelled.
- "confirmation of booking":
- Virtual document summarizing the services reserved by the customer on the Website or via the Mobile Services, and possibly stating the customer's bank card number in the context of a prepayment or guarantee. Acceptance of the reservation confirmation by the customer constitutes a contractual commitment.
- "customer":
- Any individual acting for purposes that do not fall within the context of his commercial, industrial, business, professional or agricultural activity.
- "email":
- Any message, in text, voice, sound, or image format, sent by a public communication network and stored on a network server or in the recipient's workstation equipment until it is retrieved by said recipient.
- "reservation request":
- Request for a hotel room reservation submitted by the customer via the Website or Mobile Services of ACCOR S.A. or its partners
- "partners":
- Providers of services (i) available through the Accor Website or Mobile Services and/or (ii) enabling users to access the Website or Mobile Services via their own websites, mobile services or any other tool, including in particular, tour operators, car rental companies, train and plane ticket providers and price comparison websites.
- "online reservation":
- Reservation of hotel rooms through the virtual reservation form on the Website or Mobile Services of ACCOR S.A. or its partners.
- "service":
- Reservation of hotel rooms whose main features are given on the Accor Website or Mobile Services.
- "partner service":
- Reservation of hotel rooms whose main features are given on the hotel listings available on the Website, Mobile Services and/or any other tool of its partners.
- "Mobile Services":
- All services and protocols making it possible to connect mobile terminals to the Internet, and in particular, enabling consultation and reservation of hotel services supplied by ACCOR S.A.
- "Website":
- Electronic service operated by ACCOR S.A. on the Internet, available at all.accor.com.
3. Subject
1. These terms and conditions define the rights and obligations of the parties within the scope of the remote reservation of services offered by ACCOR S.A. and its partners through the Website and Mobile Services.
2. They cover all stages required for reservation and post-reservation between the contracting parties.
3. Customers acknowledge having read and accepted these terms and conditions of sale and the conditions of sale of the rate reserved, available on the Website and Mobile Services. These terms and conditions also include the Customer Personal Data Protection Charter. By accepting these terms and conditions, customers expressly accept the provisions of this Charter.
4. Scope of application
These terms and conditions of sale apply to all reservations made on the Internet, via the Website or Mobile Services of ACCOR S.A. and its partners.
5. Duration
1. These terms and conditions of sale apply for the entire duration that ACCOR S.A. services and partner services are available on the Website and Mobile Services.
2. ACCOR S.A. reserves the right to temporarily or permanently shut down access to its Website and/or Mobile Services or online booking space without prior notice.
6. Opposability of the Terms and Conditions
In any instance, the customer-binding version of the terms and conditions of sale is the one in force at the time of reservation on Websites or Mobile Services.
7. Reservations
1. Customers select the services displayed on the Website or Mobile Services of Accor or its partners.
2. Customers confirm that they are aware of the nature, purpose and reservation methods of the services available on the Accor or partner Website or Mobile Services and have requested and obtained the necessary and/or supplementary information needed to make the reservation in full knowledge of the facts.
3. On the Website, customers can reserve, as individuals and for their own personal requirements, a maximum of three (3) rooms per reservation and on a single Mobile Service a maximum of one (1) room. For reservations relating to business groups, meetings, seminars etc., the Accor PRO Solutions section on the Website all.accor.com should be used.
4. Customers are solely responsible for their choice of services and the suitability of those services for their needs. ACCOR.S.A. cannot be held responsible in this respect.
5. The reservation is deemed to have been accepted by the customer at the end of the reservation process.
8. Reservation process
8.1 Accor Services
1. Reservations by customers are made using the virtual reservation form available online on the Accor Website or through its Mobile Services.
2. A reservation is deemed to have been made on receipt by ACCOR S.A. of the reservation form or reservation request, or when an online prepayment is made by bank card.
3. Prior to any reservation, customers must complete the information required on the reservation form or request.
4. Customers attest to the truth and accuracy of the information submitted.
5. The reservation process includes the following main steps:
- Step 1: Finding a hotel and selecting a room and rate.
- Step 2: Selecting, where applicable, one or more supplementary services (applies to the Website only).
- Step 3: Checking the reservation details, total price and applicable terms and conditions of sale, and making any necessary changes to the selection (room, rate, supplementary services), in the case of online reservations only.
- Step 4: Completing the customer's details.
- Step 5: Entering credit card details in the case of guarantee request or prepayment.
- Step 6: Consulting and accepting the terms and conditions of sale and the conditions of sale for the rate reserved before confirming the reservation.
- Step 7: Reservation confirmation by the customer.
8.2 Partner services
1. Reservations by customers are made via partner services using the virtual reservation form available online on the Website and through the Mobile Services of each partner.
2. A reservation is deemed to have been made on receipt by ACCOR S.A. of the reservation form or reservation request, or when an online prepayment is made by bank card.
3. Prior to any reservation, customers must complete the information required on the reservation form or request.
4. Customers attest to the truth and accuracy of the information submitted.
5. The reservation process includes the following main steps:
- Step 1: Finding a hotel and selecting a room and rate.
- Step 3: Checking the reservation details, total price and applicable terms and conditions of sale, and making any necessary changes to the selection (room, rate, supplementary services), in the case of online reservations only.
- Step 3: Completing the customer's details.
- Step 4: Consulting and accepting the ACCOR terms and conditions of sale, the specific partner conditions of sale and the conditions of sale for the rate reserved before confirming the reservation.
- Step 5: Entering credit card details in the case of guarantee request or prepayment.
- Step 6: Reservation confirmation by the customer.
9. Reservation acknowledgment of receipt
1. The Website and Mobile Services of Accor or its partners acknowledge receipt of the customer's reservation by immediately sending an email to the customer at the email address they have previously entered.
2. For online reservations, the emailed acknowledgment of receipt of the reservation summarizes the contract offer, services reserved, prices, conditions of sale accepted by the customer relating to the rate selected, date of reservation, information relating to the after-sales service, and the address of the hotel vendor's premises to which the customer should send any complaints.
10. Customer Service
Customer Service is available to handle any complaints relating to hotel reservations.
Go to Your support space
To write to us:
Service Clientèle Réservation
2 Rue de la Mare Neuve
91021 Evry, FRANCE
11. Cancellation or modification by the customer
1. Customers are reminded that, in accordance with Article L. 221-28 of the French Consumer Code, they have no right of withdrawal provided for by Article L. 221-18 of the French Consumer Code.
2. The conditions of sale for the rate reserved specify the terms for canceling and/or changing the reservation.
3. Reservations with prepayment cannot be changed and/or canceled in any way, and sums paid in advance as a deposit cannot be refunded. This is indicated in the conditions of sale for the rate.
4. When permitted by the conditions of sale for the rate reserved:
Reservations can be canceled directly on the Website or Mobile Services in the "Review or cancel your reservation" section
- Changes to reservations can be made directly with the hotel, whose telephone numbers are stated on the reservation confirmation sent by email.
5. If the stay is terminated early by the customer, the full agreed price will be paid. In the case of reservation with prepayment, no refund will be made for this reason.
6. Unless expressly stated otherwise, customers must vacate their room before midday on the final day of the reservation. Failing this, an additional night will be charged.
7. Reservations are personal and can in no case be transferred to a third party, whether free, at a cost, or for commercial purposes.
12. Hotel stay
1. In application of the regulations in certain countries, customers may be asked on arrival at the hotel to fill out a police registration card. For this purpose, customers will be asked to provide identification so that a check can be made to decide if they need to complete the registration card or not.
2. Some hotels accept certain pets provided that they are kept on a leash or in a cage in public areas of the hotel (to check if a hotel accepts pets or not, customers should refer to the hotel fact sheet on the Website or Mobile Services). For reasons of hygiene, pets are not allowed in dining rooms.
3. Customers agree and undertake to use their room responsibly. Therefore, any conduct contrary to accepted standards of behavior and public order will result in the hotelier asking the customer to leave the hotel with no compensation and/or refund if a payment has already been made. If no payment has been made, the customer will have to pay the price of nights already stayed before leaving the hotel.
4. Some Accor hotels have Internal Regulations for customers. Customers accept and undertake to respect these regulations. In the event that a customer fails to respect one of the provisions of the Internal Regulations, the hotelier will be obliged to ask the customer to leave the hotel with no compensation and/or refund if a payment has already been made.
5. Some hotels offer WIFI access (chargeable or not) that allows customers to connect to the Internet. Customers undertake to ensure that computing resources made available to them by the hotel are not used in any way for reproduction, representation, provision or communication to the public of works or objects protected by copyright or a related right, such as texts, images, photographs, musical works, audiovisual works, software or video games, without the authorization of the copyright holder provided for in Books I and II of the French Intellectual Property Code when this authorization is required. Customers who do not comply with the above obligations risk being found guilty of infringement of copyright (Article L. 335-3 of the French Intellectual Property Code), punishable by a fine of EUR 300,000 and three years' imprisonment. Customers are also required to comply with the security policy of the hotel's Internet service provider, and with the rules for the use of security resources whose purpose is to prevent the illicit use of computing resources, and to refrain from any act that might undermine the effectiveness of these resources.
13. Guarantees
1. Customers will receive a contractual guarantee applicable to the service.
14. Responsibility
14.1 General information
1. Photographs displayed on the Website and Mobile Services of Accor or its partners are merely indicative. Although every effort is made to ensure that photographs, graphic images and text used to illustrate hotels provide as accurate an impression as possible of the accommodation offered, variations may occur, in particular as a result of changes to furniture or possible renovations.
2. ACCOR S.A. cannot be held responsible for the non-fulfillment or inadequate fulfillment of the reservation in cases of force majeure, unpredictable or insurmountable actions of third parties, or actions of customers, in particular the non-availability of the Internet network, inability of accessing the Website, external intrusion, computer viruses, or non-authorized prepayment by the card holder's bank.
3. Hyperlinks may link to sites other than the ACCOR S.A. Website or Mobile Services. ACCOR S.A. accepts no responsibility for the content of these websites or the services offered on them.
4. Any reservation or payment that is irregular, ineffective, incomplete, or fraudulent for any reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action brought against the customer.
14.2 Partner services
1. In addition to the preceding provisions, it is noted that partners are responsible for the promotion of the offers published on their own websites, mobile services and/or any other tool for accessing the website and/or mobile services.
15. Complaints
1. Complaints relating to the failure to execute or poor execution of hotel services must, to facilitate processing, be made known to ACCOR S.A. in writing within eight days of the date of departure from the hotel, either directly to the hotel or to the Customer Service address indicated above.
2. Accor hotels are operated by companies that are legally separate from ACCOR S.A. and are therefore solely responsible to customers for potential damages. Consequently in cases of litigation, customers must deal exclusively with the company operating the hotel in which they stayed.
16. Prices
1. Prices relating to the reservation of services are indicated before and during reservation.
2. Prices shown are per room for the number of person(s) and date selected.
3. Prices are confirmed to the customer inclusive of all taxes in the commercial currency of the hotel (which in some cases may differ from the hotel's local currency) and are valid only for the period stated on the Website or Mobile Services.
4. If payment to the hotel is made in a currency other than the currency confirmed on the reservation, the customer is liable for the exchange fees.
5. All reservations, regardless of their origin, are payable in the hotel's local currency unless specifically indicated otherwise at the hotel.
6. Unless stated otherwise on the Website, additional services (breakfast, half-board, full-board etc.) are not included in the price. Unless stated otherwise on the Mobile Services, breakfast is not included in the price.
7. Tourist tax, specified on the rates page, must be paid directly to the hotel, with the exception of online prepayments where this amount may be included.
8. Prices are inclusive of VAT applicable on the day of reservation and any change to the applicable VAT rate will be automatically reflected in the prices shown on the date of billing.
9. Any change or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices shown on the date of billing.
10. Conversion into foreign currency is given as an indication and is non-contractual. Only the currency confirmed on reservation is guaranteed (if this currency is different from the one used in the hotel, possible exchange fees will remain the customer's responsibility).
11. If a rate states that payment is to be made on arrival at or departure from the hotel, and the customer's currency is not the same as that of the hotel, the rate debited by the hotel may differ from that indicated when the reservation was made, on account of a possible difference between the exchange rate on the date of reservation and the dates of the hotel stay.
12. When confirming the customer's reservation, ACCOR S.A. will state the total amount of the order.
13. Rates may be increased by different taxes according to cities/countries. Customers undertake to pay the various taxes, without complaint to ACCOR S.A.
14. Certain promotional offers available on the Internet are sold exclusively on the Internet, that is, remotely and in no circumstance at the front desk of the hotel.
17. Payment
1. Customers provide their bank details as a guarantee of the reservation except where special conditions or rates apply, using a credit card or charge card (Visa, MasterCard, American Express, Diners Club etc.) according to the hotel selected, indicating directly in the area provided for this purpose (secure entry by SSL encryption) the card number without spaces, the expiration date (the card used must be valid at the time of the stay) and the card security code in the relevant fields (secure entry by SSL encryption) as prepayment via the Ogone/Ingenico Payment Services or Cybersource payment platforms.The hotel can also ask for a piece of identification in order to prevent bank card fraud.
2. Payment is debited at the hotel during the stay, except in the case of special conditions or rates when payment is made at the time of reservation (online prepayment on certain rates). This prepayment serves as a deposit. In the case of a rate not prepaid online, the hotel may ask the customer on arrival for a deposit or an authorization to debit the credit card, in order to guarantee payment of the amounts corresponding to the services provided by the hotel.
3. Members of the ACCOR S.A. hotel loyalty program can use their points to reserve all or part of a stay on the Accor Website or Mobile Services, provided that:
- - They have reached 2000 points (balance statement taken as evidence)
- - The hotel selected is operated under one of the following brands participating in the above program: Sofitel, Pullman, MGallery, Grand Mercure, Novotel, Suite Novotel, Mercure, Adagio, ibis, ibis Styles, and Thalassa Sea & Spa. There are certain exceptions (see hotels excepted)
- - The rate reserved is eligible, subject to availability, at the hotel selected by the customer. When the words "rate not eligible for use of points" are displayed on the page showing the available rates, the rate is ineligible.
No points can be re-credited in the case of a rate that is prepaid, cannot be canceled or modified, and/or is non-refundable.
Only the part of the reservation paid by credit card can be credited with points.
The use of points will not involve any monetary counterpart whatsoever, including the giving of change.
For all questions relating to the use of the points to reserve a hotel stay, customers should use the relevant complaint form in the "Help and services" section of the Website and Mobile Services.
It should be noted that the use of hotel checks, issued in particular by the ACCOR S.A. hotel loyalty program, is limited to expenses paid on site at the hotel only. These hotel checks cannot in any circumstances be used to prepay a hotel stay, either totally or in part, or to guarantee a reservation.
4. In the event of a no-show (reservation not canceled - customer fails to arrive) when a reservation has been guaranteed by credit card, the hotel will debit a compensatory flat rate, equivalent to the amount of the first night, from the customer's credit card that was given to guarantee the reservation. Any additional nights reserved will be canceled without charge unless indicated otherwise in the conditions of sale for the rate reserved.
5. ACCOR S.A. has chosen Ogone/Ingenico Payment Services (payment service provider) and Cybersource to secure online payments by credit card. The validity of the customer's payment card is verified by Ogone/Ingenico Payment Services and Cybersource. Payment cards may be refused for several reasons: stolen or blocked card, credit limit reached, entry error etc. In the event of a problem, customers will need to contact both their bank and the hotel in order to confirm the reservation and payment method
6. If a customer reserves several rooms, but prepayment is required for only one of these rooms, for example, the payment card used on the Ogone/Ingenico Payment Services or Cybersource platforms enables the room in question to be prepaid and the specified payment card will serve as a guarantee for the other rooms. This paragraph does not apply to Mobile Services.
7. At the time of prepayment, the amount debited for the reservation includes the price of accommodation, taxes related to the accommodation, the price of meals if breakfast is selected, taxes related to meals and any other supplementary services selected by the customer (as mentioned in point 15.6).
8. In the case of a rate subject to prepayment online, the amount paid in advance, namely the deposit, is debited at the time of reservation.
9. Some hotels can generate invoices/bills by electronic means. The original file is certified and available online from the email address communicated by the hotel.
18, Conservation - Archiving
1. ACCOR S.A. ensures the archiving of the written document confirming the conclusion of any contract for an amount greater than or equal to one hundred twenty (120) euro, from the time of the conclusion of the contract and until services have been provided, for a period of ten (10) years, and guarantees access to this document at any time during this period.
2. Contractual documents will be archived in electronic format or paper format.
19. Privacy and personal data protection
1. ACCOR S.A. processes personal data, for which it is responsible.
2. Customers are informed, on every personal data form, of the mandatory or optional nature of responses by the use of an asterisk.
3. If information identified as mandatory is not provided, ACCOR S.A. may be unable to register the reservation, manage the customer's participation in the loyalty program or manage complaints made by the customer.
4. Information processed is intended for ACCOR S.A., its group entities, partners, service providers (in particular providers of online payment) and hotels.
5. Service providerentities andHotels may be established outside the European Union. It is specified that the data that ACCOR S.A. collects (identification data, contact information, personal and professional data, economic and financial information) may become subject to cross-border flows towards non-EU states which may not provide an adequate level of data protection. The data may be communicated to partners established in any country in the world with a view to providing the services from which the customer wishes to benefit, when such flows are necessary as part of the fulfillment of contractual relations between ACCOR S.A. and the customer, or contractual relations between ACCOR S.A. and a third party in the interest of the customer.
6. In the framework of precontractual measures for the purposes of reservation or execution of the hotel reservation contract, each may in so far as it is concerned, be the recipient of identification data, personal and professional data, and economic and financial information, in particular for purposes such as hotel reservation, management of the loyalty program, and complaints management.
7. ACCOR S.A. has obtained authorization from the CNIL (Commission nationale de l'informatique et des libertés - French data protection authority) (Decision DF-2014-345 of June 4, 2014) allowing ACCOR S.A. to transfer the categories of data mentioned above to all countries in which subsidiaries, service providers and franchise hotels of ACCOR S.A. are established, for the purposes of customer relations management, reservations, customer preferences and the management of marketing and promotions.
8. Customers can authorize ACCOR S.A. to communicate their personal data to third parties in accordance with the Customer Personal Data Protection Charter.
9. During online payment in particular, customer bank details must be transmitted by the payment service provider (Ogone/Ingenico Payment Services or Cybersource) to the hotel's bank in order to execute the hotel reservation contract. Customers are informed that this transfer of data may therefore take place in foreign countries that do not have adequate personal data protection as understood by the French Data Protection Act. However, customers consent to this transfer that is necessary to make their reservation. In their professional capacity Ogone/Ingenico Payment Services and Cybersource have made a commitment to Accor S.A. to take every possible security measure to ensure that the confidentiality of data in the aforementioned transfers is respected.
10. Customers have the right to oppose for legitimate reasons, to question, access and correct their data by writing to data.privacy@accor.com. ACCOR S.A. may in particular email customers its Newsletter, promotional offers and satisfaction questionnaire following a hotel stay. A link allowing customers to unsubscribe can be found at the bottom of all commercial marketing emails.
11. Some Accor hotels process personal data for the purposes of prevention and safety of property and persons, and to respond to outstanding debts. For these reasons, the hotel may decide to include in the category of "blacklisted" customers, any customer whose behavior has been inappropriate in the following ways: aggression and rudeness, non-compliance with the hotel contract, failure to observe safety rules, theft, damage and vandalism, or payment issues. These data are mandatory. The status of blacklisted may cause the hotel where this listing originated to refuse a customer's reservation when he/she returns to the same hotel, during a period, depending on the reasons, of 122 or 450 days (in cases of aggression toward staff and/or customers, fighting within the hotel grounds, insults, threats or threatening behavior to staff and/or customers, noisy behavior disturbing other customers, damaging security and/or safety equipment, unnecessarily triggering safety equipment, or other actions causing safety risks to staff and/or customers). Data relating to the identity and blacklisted status of the customer are intended for authorized personnel in the hotel where the listing originated, as well as for ACCOR S.A. and its hotel reservation service providers who may be outside the European Union, in Morocco, a country without equivalent protection, or in the United States. Dataflows to Morocco are contractually regulated by standard contractual manager-to-subcontractor clauses defined by the European Commission. Dataflows to the United States are made to an entity belonging to Safe Harbor.
12. The personal data protection policy can be consulted in the "Personal Data Protection Charter"
20. Agreement on evidence
1. Entry of the necessary banking details, along with the acceptance of these terms and conditions, conditions of sale for the rate reserved and the reservation form or request, as well as any specific ACCOR conditions by email constitute an electronic signature equivalent in value to a physical signature on paper between the parties.
2. The computerized records retained in the IT systems of ACCOR S.A. will be kept under reasonable levels of security and will be considered as proof of communication, orders and payments between the parties.
3. Customers are hereby informed that their IP address is recorded at the time of reservation.
21. Relocation
In the event that the chosen hotel is not available, or in cases of force majeure, the hotel reserves the possibility of accommodating the customer totally or partially in a hotel of equivalent category for the same type of services. Any additional cost of the room, transport between the two hotels or telephone calls remain the responsibility of the chosen hotel.
22. Force majeure
1. Force majeure is understood to be any event beyond the control of the Parties of an unpredictable and insurmountable nature that prevents either the Customer or the Hotel from fulfilling all or part of the obligations set out in the contract. Cases of force majeure or fortuitous events are considered to be those that would usually be recognized by the jurisprudence of the French courts.
2. Neither party will be liable to the other party in the event of a breach of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party shall bear the burden of the resulting costs.
23. Settlement of disputes
1. In the event of a dispute relating to these terms and conditions, customers are informed by ACCOR S.A. of the possibility of recourse to a conventional mediation procedure or to any alternative method of dispute settlement, under conditions provided for in Title I of Book VI of the French Consumer Code.
2. Guests should first contact customer services or the hotel to attempt to resolve the dispute amicably. If the response is negative or in the absence of a reply within sixty (60) days, guests can contact the Mediator for Travel and Tourism for ACCOR Group hotels, hotels managed by the Accor Group or franchised hotels that have decided to have recourse to the Mediator for Travel and Tourism. Mediator for Travel and Tourism contact and claim details are available in the "Support" tab. Guests can contact the Mediator within twelve (12) months of the first claim.
3. ACCOR S.A. also informs customers that there is a European Online Dispute Resolution (ODR) platform which they can use. Customers can access this platform via the following link: http://ec.europa.eu/consumers/odr/.
24. Applicable law
The ACCOR S.A. terms and conditions of sale are governed by French law without obstructing the mandatory protective provisions that may be applicable in the consumer's country of residence.
25. Entirety of agreement
25.1 General information
1. These ACCOR S.A. terms and conditions of sale, conditions of sale for the rate reserved by the customer, and the reservation form or request express the parties' obligations in their entirety.
2. No general or specific condition communicated by the customer can be incorporated into these terms and conditions.
3. The documents constituting the contractual obligations between the parties are, in descending order of priority, the reservation form or request (covering the specific conditions of the rate reserved) and these terms and conditions.
4. In the event of a discrepancy between the reservation form and the terms and conditions, only the provisions in the reservation form will apply for the obligation in question.
25.2 Partner services
1. In the event of contradiction between the general terms and conditions or the terms and conditions for the use of the Website or Mobile Services, or a partner's terms and conditions of sale and these ACCOR S.A. terms and conditions of sale, only the provisions hereof will apply for the obligation in question.
26. Nullity
1. If one or more stipulations of the ACCOR S.A. terms and conditions of sale are held to be invalid or are found to be so under the application of a law or regulation or following a definitive decision by a court of law with the appropriate jurisdiction, the other stipulations maintain their validity and their scope.
27. Language
1. The authentic language is French.
2. If the ACCOR S.A. terms and conditions of sale are translated in a foreign language, the French language will prevail over any other translation in case of a dispute, litigation, difficulties in the interpretation or execution of the these terms and conditions, and more generally concerning the relations existing between the parties.
28. Development/modification of the terms and conditions of online sale
These terms and conditions of online sale may be modified and/or supplemented at any time by ACCOR S.A. In this case, the new version of the terms and conditions of online sale will be put online by ACCOR S.A. and will automatically apply for all customers with immediate effect, except for reservations made prior to the date on which the conditions were published online, for which the previous accepted version of the terms and conditions remain applicable.
Customers should also consult the supplementary terms and conditions of sale related to each rate, room type or service type shown on the price list.