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Terms & Conditions

Updated: May 24th, 2024

WHEREAS

These general terms and conditions of sale (“Ts & Cs”) apply to any booking and/or purchase made by you (as defined below), directly or through the intermediary of a travel agent or tour operator, with Sardegna Resorts S.r.l., a company organized and existing under the laws of Italy, with its registered office at Località Porto Cervo, Casa il Ginepro 1/A, 07021 Arzachena (SS), Italy, and registered with the Italian Business Register under number IT03873060960 (“Sardegna Resorts”), with respect to a stay at the hotel Pitrizza (the “Pitrizza Hotel”) which is operated by LVMH Hotel Management (hereafter "LVMH HM"), a company organized and existing under the laws of France, registered under n°501 672 794 RCS Nanterre, with a share capital of 300 000 euro, whose registered office is located at 24-32 rue Jean Goujon, 75008 Paris, France.            

Now, therefore, it has been agreed as follows:

CLAUSE 1. DEFINITIONS

Terms used in the body of these Ts & Cs, including its preamble, and beginning with a capital letter, whether they are used in the singular or plural, shall have the meaning given to them below.

 

Ancillary Services: refers to the additional products and/or services offered to Guests when booking a Hotel Accommodation Service (such as, for example, a bottle of champagne, flowers, etc.). The conditions of cancellation of Ancillary Services are the same as for the Hotel Accommodation Service to which they relate.

 

Beneficiary: means the person using the Gift.

 

Cancellation Deadline: means the deadline for the cancellation of the Services set out in the Specific Terms and Conditions of Booking or in the Cancellation Policy, as the case may be, for all bookings cancelled by a Guest.

 

Cancellation Policy: refers to the specific terms and conditions applicable to any change to and/or cancellation of a Wellness & Relaxation Service or of a Food & Beverage Service.

 

 

Confirmation Email: means the confirmation email sent to you by the Pitrizza Hotel at the email address you provided upon making the booking and/or placing the order, recapping the Contract and the booking details (Services booked, Specific Terms and Conditions of Booking and/or Cancellation Policy, the price and any possible taxes, the price of Ancillary Services, check-in/check-out times, rules applicable to the stay at Pitrizza Hotel, booking dates, amount of the pre-authorization hold and/or details of the order placed).

 

Contract: means, together, these Ts & Cs, the Specific Terms and Conditions of Booking and/or the Cancellation Policy, as applicable, as summarized in the Confirmation Email.

 

Food & Beverage Service: means the food and beverage service offered at the restaurant of the relevant Hotel.

 

Gift: refers to (i) a Gift Voucher, (ii) a Gift Certificate and/or (iii) a Gift Box, as applicable.

 

Gift Box: refers to the packaging used for a Gift Voucher or a Gift Certificate when sent by post. A Gift Box contains: (i) a Gift Voucher and/or Gift Certificate; (ii) a holder or box in which the Gift Voucher or the Gift Certificate is presented.

 

Gift Certificate: refers to a document indicating the amount to be redeemed, the terms and conditions applicable to its use, the Pitrizza Hotel where it can be redeemed, the name of the Beneficiary, the validity number and period of validity. A Gift Certificate can be delivered by post in a Gift Box, or by email.

 

Gift Voucher: means the document setting out the offer covered by the Gift Voucher, the name of the Beneficiary, the validity number and period of validity. The Gift Voucher can be delivered by post in a Gift Box, or by email.

 

Guest (or “you”): means a natural person who is of age and has full legal capacity to agree to these Ts & Cs, acting for his/her own personal purposes, and not as a sales agent, reseller, distributor or similar third party as regards all or some of the Services and/or Gifts.

 

“Hotel” or “Pitrizza Hotel”: means the hotel Pitrizza located at Via la Banchina di Pitrizza snc
Località Liscia di Vacca, 07021 Porto Cervo, Italy.

 

Hotel Accommodation Service: refers to the accommodation service provided by the Pitrizza Hotel, during the dates of the stay chosen by you under the terms and conditions set forth herein and summarized in the Confirmation Email.

 

Offer of Services: means the offer of services made by the Hotel to you when making a booking by email or over the phone, and sent to the latter to the email address provided at the time of the booking, setting out in particular the terms and conditions of the Hotel’s offer (Services booked, Specific Terms and Conditions of Booking and/or Cancellation Policy, the price and any possible taxes, the price of Ancillary Services, check-in/check-out times, rules applicable to the stay at Pitrizza Hotel, booking dates, amount of the pre-authorization hold, as well as any contractual terms and conditions applicable to the offer.

 

Privacy Policy: refers to the policy on the protection of personal data.

 

Services: refers to the Hotel Accommodation Services, the Wellness & Relaxation Services, Food & Beverage Services and other Ancillary Services offered by the Pitrizza Hotel to Guests.

 

Specific Terms and Conditions of Booking: refers to the specific terms and conditions applicable to the booking, cancellation, no show, minimum number of persons, and amount of the pre-authorization hold for the Hotel Accommodation Service, which vary depending on the different periods in the season, and which are available on the Website or communicated to you when the booking or purchase is made and recapped in the Confirmation Email.

 

Website or the “Site”: refers to the website www.hotelpitrizza.com published by LVMH HM.

 

Wellness & Relaxation Service: refers to any of the services available at the spa and/or hair salon.

CLAUSE 2. PURPOSE

This Contract governs the contractual relationship between you and Sardegna Resorts with which you book and/or make a purchase. The Ts & Cs shall prevail over any other document having the same subject matter (including any document provided by the travel agent or tour operator, as applicable), with the exception of the Specific Terms and Conditions of Booking and of the Cancellation Policy, which shall be controlling over these Ts & Cs in case of conflict. The Contract expresses all of the obligations of the parties. You can keep a paper copy of this Contract by printing it. No general or specific terms and conditions communicated by you may be incorporated or added to this Contract. The Ts & Cs are available on the Website www.hotelpitrizza.com/en/conditions-generalesde-vente where they can be viewed at any time.

CLAUSE 3. DESCRIPTION OF THE SERVICES AND OF THE GIFTS

3.1 GENERAL

You can book one or more Service(s) and/or purchase a Gift at Pitrizza Hotel. The main characteristics of the Services and/or Gifts will be indicated to you upon making the booking and/or purchase and are also described in the Website. The photographs provided on the Website are not contractual but indicative only. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Pitrizza Hotel and/or Services and/or Gifts presented give as accurate a picture as possible of the services offered, variations may occur, specifically due to changes in furniture or possible renovations. Under no circumstance may Sardegna Resorts and/or LVMH HM incur any liability for any nonmaterial errors that may occur in this regard. The Website also provides information on:

·         the main characteristics of the Services and/or Gifts offered;

·         the Ancillary Services offered, if any;

·         the prices;

·         terms of payment;

·         the Ts & Cs, as well as any Specific Terms and Conditions of Booking and/or the Cancellation Policies, as applicable.

 

3.2. SERVICES – RULES APPLICABLE TO STAYS AT THE Pitrizza Hotel, TO FOOD & BEVERAGE SERVICES AND TO WELLNESS & RELAXATION SERVICES

3.2.1. Registration Form

For Hotel Accommodation Services, you authorize the Hotel to prefill an individual form known as a “registration form” with the information provided by you when making the booking. Upon arrival, you will be asked to check that the pre-filled information is accurate before signing the form.

 

3.2.2 Pets

Pitrizza Hotel gladly welcomes pets (dogs and cats) under 12kgs / 26 pounds, on a complimentary basis. We kindly ask that they remain leashed within the premises of the hotel and do not access the pool and beach. When at the restaurant and bar, they must remain leashed and be well-behaved; in the case of any nuisance to other guests, our team may kindly ask you to take your pet back to your room. For daily housekeeping service to run smoothly, we invite you to be present, or to advise us when your dog will be out for his daily walk to schedule the cleaning times accordingly. We also kindly ask that your pet not be left alone in the room, particularly if they are likely to cause nuisance to other guests (i.e. barking).

For your pet’s comfort, we will supply a bed, toy and fresh water. Please do advise if you wish us to provide any food, and if so, which preferences you may have. Should your four-legged companion leave a lasting impression on the room, additional cleaning fees of 150€ will be applied. Any damages caused by animals will involve extra costs. Please be assured that your pet’s wellbeing during your stay is dear to our hearts!

 

3.2.3. Pool and Beach

The swimming pool and/or beach rules are displayed on various locations at the Pitrizza Hotel. The presence of a parent or of a responsible adult is mandatory to supervise children swimming in the pool or sea.

 

3.2.4. Children

Children must be supervised by their parents or a responsible adult at all times and in all areas. Guests also agree to ensure that any children under their responsibility respect the peace and quiet of the establishment under all circumstances. If the Pitrizza Hotel includes a Caroussel, please note that this play area is only open to children aged 4 to 12 under the sole supervision of their guardian. No supervision or babysitting services are provided by the Hotel Pitrizza under any circumstances during these activities. Accordingly, children must be supervised at all times by their parents or by an accompanying adult designated by the Guest.

 

3.2.5. Valet and Parking Service

The Hotel may, as applicable, offer valet parking services or authorize you to park your vehicle in the Hotel’s parking lot. By entrusting your vehicle, you:

 

•        authorize the staff of the Hotel to drive and move it, as necessary;

•        declare holding valid insurance and being up to date with vehicle inspection requirements, under the conditions required by law;

•        confirm that the amount of fuel in the vehicle is sufficient and, for electric vehicles, having left the appropriate charging cable in the vehicle together with the adapter, if necessary;

•        confirm that the vehicle has been emptied of all personal effects and/or valuables not required for parking the vehicle and that the electronic toll tag and/or parking badge has been deactivated and/or removed.

Neither Sardegna Resorts, LVMH HM nor the Hotel shall be held responsible for the following, and the Guest waives any and all liability for:

3.2.6. Laundry service

The Hotel may, as applicable, offer its Guests a laundry service for their clothes. A laundry slip is made available to Guests in their room and specifies the price of the services, the terms and conditions of the services, the quality of the services offered as well as, in case of loss or damage of the items, the conditions under which the Guest can obtain full and final compensation.

Laundry services are provided either by the Hotel or by an external service provider to whom the items are entrusted.

Guests are reminded that the Hotel may, at its discretion, refuse an item or make any reservation regarding the cleaning of said item. The Hotel declines any responsibility in case of alteration of colors or shrinkage. To avoid any unpleasantness, the Hotel does not guarantee items with iron-on materials, buttons and trims that may react to the products used.

 

3.2.7. Wi-fi and access to the network

Wi-Fi is available to Guests free of charge.

Illegal downloading is strictly prohibited and is the responsibility of Guests. You are required to comply with the Ho’el's security policy, including the rules governing the use of security measures implemented to prevent the illegal use of computer resources and to refrain from any action that could undermine the effectiveness of these measures.

You agree to ensure that the computer resources made available by the Hotel are in no way used for the purposes of the reproduction, performance/display, making available or disclosing to the public of any works or items protected by an intellectual property right or by a related right without the prior authorization of the rightsholders of any content protected under the French or the Intellectual Property Code, nor used to infringe the intellectual property belonging to Sardegna Resorts, to LVMH HM, to any Guest or third party. You agree to hold the Hotel harmless from and against any third-party claim and/or complaint asserting a breach of an intellectual property right, and to bear all associated costs and damages.

In this respect, you agree to indemnify the Hotel for any loss, damages or costs (including reasonable attorney's fees and court costs) incurred by the Hotel in connection with any such claim, as well as any sums paid under settlement agreements and/or as awards of damages against the Hotel.

 

3.2.8. Rules of good conduct

You agree to make reasonable and responsible use of the Services, in compliance with the Hotel Pitrizza Code of Etiquette featured in Appendix 2, as well in as the Directory of the Hotel. Accordingly, in case of any conduct contrary to accepted standards of behavior, law and order or the Hotel Pitrizza Code of Etiquette, the Hotel reserves the right to ask you to leave the Hotel. In such case, you will be liable for the payment to the Hotel of the agreed price indicated in the Confirmation Email (subject to applicable terms and conditions of cancellation), and will not be eligible for any refund or compensation whatsoever on this basis. In case of payment in advance, the price will be deducted from the amounts prepaid. In case no payment in advance was made for the booking, the Hotel will charge/bill the amount owed.

 

3.2.9. Security

Surveillance measures are implemented by the Hotel. CCTV surveillance of the front desk and common areas of the Hotel is in place to ensure the safety and security of persons and property. Safe deposit boxes are available to Guests in the rooms. However, Guests are advised to exercise caution, especially with regard to items of high value. In particular, it is recommended that Guests do not leave any valuables on display (especially in rooms, common areas or in vehicles parked in the Hotel’s parking lot).

 

3.2.10. Loss or damage

During your stay, you are responsible for the room(s) made available, as well as for its furniture and fixtures.

More generally, you agree to assume responsibility for the consequences arising out of any negligence, fault, or error on your part and for any damages whatsoever, without limitation, to third parties or to the Hotel in connection with the Services used by you (and by the persons for whom you are responsible).

In the event of damage or deterioration not declared before your departure (check-out), the Hotel reserves the right to charge you for the cost of rectifying such damage or costs of special cleaning or replacement induced by such damage or deterioration, as well as any possible additional costs related to the unavailability of the room during this period.

 

3.2.11. Non-smoking environment

All indoor public areas are non-smoking, in accordance with local regulations. In order to provide a healthy and enjoyable experience for all Guests, smoking is not permitted in the rooms. The Hotel reserves the right to charge you the price of one night’s stay in the event of the smell of smoke persisting in the room after your departure, to compensate for the Hotel’s inability to accommodate a new guest in said room.

 

3.3. GIFTS

Gifts are valid for the period of validity indicated on the Gift Voucher or the Gift Certificate, subject to availability at the Hotel. You acknowledge that Gift services do not include transportation to the chosen Hotel where the service will be provided.

In the event of failure to redeem the Gift Voucher or Certificate during its period of validity, or of the loss, theft or destruction of the Gift Voucher or Certificate, you will not be entitled to any refund or compensation whatsoever. However, in case the Beneficiary is unable to redeem his/her Gift Voucher or Gift Certificate within the allotted period, you are invited to contact the Hotel using the contact details provided in Clause 8.7.2 below.

The Gift Voucher or Gift Certificate is sent or given to you by default, but can also be sent to the Beneficiary if so requested by you at the time of purchase. It will always be sent by email. The Gift Voucher or Gift Certificate is sent to you (or to the Beneficiary, as applicable) by email in a downloadable PDF format. For the service to be delivered, it must be printed and presented at the front desk of the Hotel. The service will only be provided upon presentation of the original Gift Voucher or Gift Certificate printed from the email. In some Hotels and for some types of Gift Vouchers or Gift Certificates only, the Gift Voucher or Certificate can also be sent in the form of a Gift Box, which can be collected there or sent to the address indicated when placing the order. The available delivery methods as well as the associated costs are indicated by the Hotel at the time of the order. Delivery will take place within a maximum of thirty (30) days from the order. You will receive an email confirming that your order has shipped. Delivery of a Gift Box is deemed to have been made when the carrier makes the Gift Box available to you or the Beneficiary, as applicable, or to a third party designated by you or the Beneficiary, as evidenced by the tracking system used by the carrier. No claim relating to the delivery itself will be possible if the package is shown as delivered, the carrier’s computer records being proof of delivery.

Upon delivery of the Gift Box, it is strongly recommended to advise the carrier of any reservations regarding the packaging and, if applicable, the condition of the Gift Box (e.g. open and/or damaged package). In the event that the package is damaged upon delivery, it is advisable to check the condition of the Gift Box in the presence of the carrier before signing the delivery slip and to clearly note on the carrier’s delivery slip any reservations in the event of a missing or damaged Gift Box.

In case of non-compliance with the delivery time indicated to you for the Gift Box, you may rescind the Contract, provided that the delay is not ascribable to you (e.g. in case of incorrect delivery information provided by you at the time of the order) or to a case of force majeure. This right of rescission may be exercised in accordance with the provisions of Article L.216-2 of the French Consumer Code:

The Contract will be rescinded upon receipt by the Hotel of the written notice of rescission unless the Hotel has made delivery in the meantime. In case of rescission of the Contract, the Hotel will refund the sums paid by you under the order, no later than fourteen (14) days following the date of notice of rescission of the Contract.

CLAUSE 4. BOOKING

4.1 BOOKING PROCESS

A Service can be booked or a Gift purchased, as applicable, on the Website, over the phone, in person or through a travel agent or tour operator.

 

4.2 ACCEPTANCE OF THE CONTRACT

·         By making a booking and/or purchase, you are deemed to have previously read, understood and accepted these Ts & Cs in their entirety and without reservation.

·         For any booking and/or purchase on the Website, the Hotel invites you to carefully read the Ts & Cs and the Specific Terms and Conditions of Booking and/or the Cancellation Policy, as applicable, and to check the corresponding box before making the booking and/or purchase.

• For any booking and/or purchase by email, by phone, in person or through a travel agent or tour operator, the Ts & Cs and the Specific Terms and Conditions of Booking and/or the Cancellation Policy, as applicable, will be emailed to you at the email address you provided prior to any booking and/or purchase.     

·         You acknowledge being informed of the nature, intended use and conditions of booking of the Services and/or Gifts and having requested and obtained from the Hotel all necessary and/or additional information to make your booking and/or purchase on a fully-informed basis.

·         Additional inquiries can be made directly with the Hotel if necessary, by clicking on the “Contact Us” link available on the Website.

·         You are reminded that you are solely responsible for your choice of Services and/or Gifts and for ensuring their suitability with your needs, and that no claims may be made against the Hotel or LVMH HM on this basis.

 

4.3 CONFIRMATION OF THE BOOKING AND/OR PURCHASE

Once you have gone through the booking and/or purchase process as per Clause 4 and made payment and/or the corresponding imprint of the payment card has been made as per Clause 5 below, you will receive a Confirmation Email at the email address provided to the Hotel.

 When a booking is made through a travel agent or tour operator, the Confirmation Email will be directly received by that travel agent or tour operator.

 

4.4 CHANGES TO THESE TS & CS

These Ts & Cs may be amended and/or supplemented at any time by LVMH HM. In such case, the new version of the Ts & Cs will be posted online on the Website in an easy-to-read and user-friendly format to enable you to easily access and read them. The Ts & Cs thereby modified/supplemented will take effect upon being posted online on the Website and will apply only to purchases and/or bookings made after they have been posted online on the Website; any purchases and/or bookings made prior to such posting being governed by the previous version of the Ts & Cs applicable at the time of the purchase and/or booking concerned.

 

4.5 BOOKING PROCESS FOR A SERVICE OR PURCHASE OF A GIFT ON THE WEBSITE

 

4.5.1 Booking of a Hotel Accommodation Service:

To book a Hotel Accommodation Service:

·         indicate whether the booking is for “a room” or “a Suite”;

·         choose the date of your arrival and departure from the Hotel, as well as the number of persons for whom the booking is made;

·         click on “Search”;

·         you can view the Specific Terms and Conditions of Booking for each room and rate by clicking on ”Best Available Rate”;

·         you should then select the type of room you would like to book and click on “Book Now” for the room and rate you would like to book;

·         as applicable, Ancillary Services and the possibility to add additional rooms may be offered to you, which you can choose and add to your booking;

·         click on “Continue to Book”, you will then have access to your booking summary, and the possibility of making changes;

·         you will then need to provide the following information:

Ø  personal details: preferred form of address, first name(s), surname(s), email address (and, if applicable, preferred form of address, first name(s), surname(s) of any additional guest(s), address, fixed and mobile phone number, company name;

Ø  additional information: special-needs room, special requests, if any;

Ø  arrival and departure time allowing the Hotel, if you so request, to provide you with transportation to and from the airport at an additional cost;

·         the Ts & Cs (available by clicking on the hypertext link) need to be accepted by you by clicking on the corresponding box, before you can click on “Confirm booking”.

 

4.5.2 Booking a Wellness & Relaxation Service:

To book a Wellness & Relaxation Service:

·         indicate that you want to book a Wellness & Relaxation Service;

·         choose the Wellness & Relaxation Service you want to book;

·         after choosing the Wellness & Relaxation Service to be booked, click on “Book”;

·         click on “Finalize Booking”;

·         choose on the calendar the date when you would like to receive the Wellness & Relaxation Service;

·         choose one of the available dates and times proposed; - you will then be invited to provide the following booking information:

Ø  your personal details: first name(s), surname(s), email, phone number,

Ø  other information: at your discretion;

·         you then need to check the following boxes “I hereby confirm having read, understood and accepted Hotel Pitrizza’s Ts & Cs and Cancellation Policy”, and “I confirm having read, understood and accepted the Hotel Pitrizza Privacy Policy” before being able to click on “Book Now”.

 

4.5.3 Booking of a Food & Beverage Service:

To book a Food & Beverage Service:

·         choose the restaurant where you want to book the Food & Beverage Service;

·         choose the date, time and number of persons for whom the booking is made;

·         click on “Search” to see the available booking slots for the Food & Beverage Service;

·         select the slot to be booked and click on “Select” once again;

·         you will then be invited to select one of the following options: “Login with Facebook”, “Sign in with Google” or “Continue as guest”;

·         provide your first name(s), surname(s), email address and phone number, and can also indicate any special requests in the “Reservation Notes” section;

·         depending on the applicable Cancellation Policy, you may be invited to fill in the following information to complete the booking: payment information: card number, expiry date. 3-digit card security code;

·         you will then be invited to accept the Cancellation Policy (by checking the “I accept the Cancellation Policy” box), the Ts & Cs (available by clicking on the link to the Ts & Cs) and the Privacy Policy, before being able to click on “Submit”, it being noted that by clicking on “Submit”, you accept the terms of use, the privacy policy and the GDPR policy of the booking provider (SevenRooms);

·         you will then click on the “Submit” box, it being specified that by clicking on “Submit” you accept the Ts & Cs and the Cancellation Policy, as well as the Privacy Policy.

 

4.5.4 Purchase of a Gift:

To buy a Gift:

·         select the “Gift” tab;

·         choose one or more Gifts and add them to your shopping cart;

·         after this selection, a summary of the “shopping cart” will be displayed, showing all of your choices and the total price of the chosen Gifts;

·         you will then be invited to choose between one of the following options: creation of a customer account with the provider used by the Hotel or LVMH HM for the purchase of Gifts online, to enable you to be authenticated and to log into the account or else “Order as a guest”;

·         choose a method of delivery and the address for delivery (with the preferred form of address, first name(s), surname(s) and email of the recipient);

·         select “Check your order and pay”;

·          A summary of the items in the shopping cart will be displayed so that you can check your order;

·         indicate the billing address (first name(s), surname(s), email and postal address), choose a method of payment, and accept the Ts & Cs by clicking on the corresponding box;

·         complete your order by clicking on “Validate and pay”;

·         your payment using a bank payment card (Visa, MasterCard, Amex) will then be validated via a secure interface. Once payment is validated, the order is final and a Confirmation Email recapping it will be sent to you;

·         after confirmation of the order, you can view your account (if you decided to create one at the time of purchase), to track your orders.

 

4.6 BOOKING PROCESS FOR A SERVICE OR FOR THE PURCHASE OF A GIFT BY PHONE, BY EMAIL, OR IN PERSON

To make a booking with a Hotel by email, by phone, or in person, you are invited to contact the Hotel as indicated in Clause 7.1.2 below. It should be noted that any booking and/or purchase made in person directly at the Hotel will be treated in the same way as a booking / purchase made by email.

 

4.6.1 Booking a Hotel Accommodation Service:

To book a Hotel Accommodation Service, you must inform the Hotel of the number of room(s) you wishes to book, the date or arrival and departure from the Hotel, as well as the number of persons for whom the booking is made. Depending on availability and on your choices, the Hotel will let you know the types of rooms available, the corresponding prices and the Specific Terms and Conditions of Booking corresponding to each best available rate. To book a Hotel Accommodation Service, you are also required to provide the following information to the Hotel:

Ø  personal details: preferred form of address, first name(s), surname(s), email address (and, if applicable, preferred form of address, first name(s), surname(s) of any additional guest(s), address, fixed and mobile phone number, company name;

Ø  additional information: special requests, if any. Once it has received this information, the Hotel will send a Service Offer to you at the email address you provided containing either a payment link or a card imprint link depending on the Specific Terms and Conditions of Booking applicable.

 

4.6.2 Booking a Wellness & Relaxation Service:

To book a Wellness & Relaxation Service, you must inform the Hotel of the Wellness & Relaxation Service you wish to book, as well as the data and time you wants to receive that Wellness & Relaxation Service. Depending on availability and on your choices, the Hotel will let you know what Wellness & Relaxation Services are available, the corresponding prices and the Cancellation Policy corresponding to each best available rate.

To book a Wellness & Relaxation Service, you are also required to provide the following information to the Hotel:

Ø  personal details: preferred form of address, first name(s), surname(s), email address (and, if applicable, preferred form of address, first name(s), surname(s) of any additional guest(s);

Ø  additional information: special requests, if any. Once it has received this information, the Hotel will send you, at the email address you provided, a payment link or a card imprint link depending on the Cancellation Policy applicable to the Wellness & Relaxation Services chosen by you.

 

4.6.3 Booking of a Food & Beverage Service:

To book a Food & Beverage Service, you must inform the Hotel of the number of persons for whom you wish to make a booking, as well as the date and time you would like to receive the Food & Beverage Service. Depending on availability and on your choices, the Hotel will let you know what Food & Beverage Services are available, as well as the corresponding Cancellation Policy.

To book a Food & Beverage Service, you are also required to provide the following information to the Hotel:

Ø  personal details: preferred form of address, first name(s), surname(s), email address;

Ø  additional information: special requests, if any. As necessary, depending on the applicable Cancellation Policy, the Hotel will send you, at the email address you provided, a payment link or a card imprint link.

 

4.6.4 Purchase of a Gift:

To purchase a Gift, you must inform the Hotel of the Gift(s) you wish to purchase, the name(s) of the Beneficiary(ies), as well as the method of delivery of the Gift(s) (email or postal mail). To book a Gift, you must also provide the following information to the Hotel: - your personal details: preferred form of address, first name(s), surname(s), email address; - Beneficiary’s personal details: preferred form of address, first name(s), surname(s), email and/or postal address. Once it has received this information, the Hotel will send you, at the email address you provided, a payment link for you to be able to purchase the Gift.

 

4.7 BOOKING PROCESS FOR A SERVICE AND/OR PURCHASE OF A GIFT THROUGH A TRAVEL AGENT OR TOUR OPERATOR

You may book a Service and/or purchase a Gift from a Hotel through a travel agent. In such case, the booking process will be that indicated to you by the travel agent or tour operator.

CLAUSE 5. FINANCIAL TERMS

'5.1 Financial terms applicable to the Services and to the Gifts 5.1.1 Services 5.1.1.1 Price of the Services For Hotel Accommodation Services, the price of the booking is per room, for the number of persons, the dates and the Hotel Accommodation Services selected plus, as applicable, any Ancillary Services selected by you. For Wellness & Relaxation Services, the price of the booking is for the service selected by you, at the date and time selected by you and as per the terms recapped in Confirmation Email. For Food & Beverage Services, the price to be paid depends on what you consume. The price of the Services is indicated to you in the currency chosen by you from among the choices offered on the Website, which may not be the same currency as that of the Hotel. Any currency conversion offered on the Website is provided on an indicative basis only. The Hotel cannot guarantee what exchange rate will be applied to you. Services are payable in the currency applicable to the Hotel. You are responsible for any currency conversion fees your bank may apply. The price of the Services is inclusive of all taxes, except for any possible taxes appearing in the Specific Terms and Conditions of Booking and recapped in the Confirmation Email (such as the tourist tax (or equivalent) or service or other charges), which are paid to the Hotel directly upon arrival. The price of the Services only covers the services exhaustively listed in the Confirmation Email. Any additional services that may be provided by the Hotel during your stay and/or Wellness & Relaxation Service will be in addition to the price indicated in the Confirmation Email. The Hotel makes every effort to ensure the accuracy of the rates of the Services displayed on its Website. However, in case of manifest error in price in a booking made on the Website, the Hotel reserves the right not to provide any Services whose rate is manifestly erroneous. In such case, the Hotel will inform you of the error and, as the case may be, send you a new Confirmation Email if you wishes to maintain your booking at the rate actually applicable or else cancel the Services concerned and refund you for any amount you may have prepaid. The Hotel may change the prices listed on the Website at any time without notice. However, the modified prices will only apply to bookings made on the Website after the new prices come into effect. 5.1.1.2 Pre-authorization hold, prepayment policy and payment of the Services When a Service is booked (outside Case No. 1 listed below), depending on the Specific Terms and Conditions of Booking or the Cancellation Policy applicable, you will be invited to (i) guarantee your booking by means of a pre-authorization hold, and/or (ii) prepay the Services in full or in part before your stay, either (a) by directly entering your card payment information on the Website (if the booking is made via the Website), or else (b) via a link that will be sent to you at the email addressed you provided upon making a booking. You will be reminded of these payment conditions before making any booking and/or purchase, in the Service Office, as applicable, and in the Confirmation Email you will receive once the pre-authorization hold has been obtained and/or the prepayment made. The pre-authorization/prepayment policy varies depending on the Service and on the pricing policy applicable to the booked rate. It is set out in the Specific Terms and Conditions of Booking or in the Cancellation Policy and can correspond to one and/or more of the following cases: • Case No. 1: No pre-authorization or prepayment required by the Specific Terms and Conditions of Booking or the Cancellation Policy Some Services do not require pre-authorization or prepayment to be booked. In such case, the Hotel will send the Confirmation Email to you at the end of the booking process set out in Clauses 4.5, 4.6, and/or 4.7. • Case No. 2: Imprint of your credit card + pre-authorization of a certain amount An imprint of your credit or debit card will be made at the time of the booking. This imprint is made to hold the booking. When this imprint is made, pre-authorization (of an amount indicated in the Specific Terms and Conditions of Booking or in the Cancellation Policy, as the case may be) will be obtained for the purposes of (i) verifying the bank payment card (in this case, the amount will be refunded to you within the period applied by the your bank) and/or (ii) blocking an amount that can be charged by the Hotel in case of late cancellation or “no show” (depending on the policy set out in the Specific Terms and Conditions of Booking and/or in the Cancellation Policy). => No VAT will be applied to these amounts inasmuch as corresponding to fixed compensation to the Hotel for the loss sustained due to the exercise of the cancellation option (BOI-TVA-SECT-60-20120912, No. 230). • Case No. 3: Earnest Money Deposit (refundable or non-refundable) At the time of the booking, am amount equivalent to that indicated in the Specific Terms and Conditions of Booking and/or in the Cancellation Policy, as applicable, will be charged to the credit or debit card you used to make the booking. This earnest money deposit (arrhes, hereinafter “deposit”) will either be refundable or nonrefundable depending on the Specific Terms and Conditions of Booking/the Cancellation Policy. If the deposit qualifies as refundable, it will be refunded to you if you cancel before the Cancellation Deadline. In case of cancellation by you after the Cancellation Deadline, no refund of the deposit will be made, without prejudice to the possible charging of/payment of the remaining balance of the amount owed in respect of the booked Services). If the deposit qualifies as non-refundable, it will be kept by the Hotel regardless of the date when you cancel as having been paid in consideration of the cancellation option (without prejudice to the possible charging of/payment of the remaining balance of the amount owed in respect of the booked Services). => This deposit will not be subject to VAT inasmuch as corresponding to fixed compensation to the Hotel for the loss sustained due to the exercise of the cancellation option (BOI-TVASECT-60-20120912, No. 230). • Case No. 4: On the Cancellation Deadline, charging of/billing of the balance of the amount of the stay (or prepayment in full) Besides making an imprint and/or paying a deposit, the Specific Terms and Conditions of Booking or the Cancellation Policy, as applicable, may provide for the balance of the total price of the Service to be paid by or on the Cancellation Deadline. In such case, you will be invited to pay this amount at such Cancellation Deadline, either (i) by having the Hotel charge your credit/debit card, this charge being made thanks to the imprint of the card made at the time of the booking, or (ii) by the Hotel inviting you to pay this amount by bank card, via a secure link provided by the Hotel to the email address indicated by you, or by bank transfer made exclusively in the currency used by the Hotel. The Hotel is not responsible for any additional fees that may be charged by banks on this basis. On the date of the Cancellation Deadline, you will therefore prepay the full amount of the Service, without prejudice to any other Services and Ancillary Services consumed during your stay, and without prejudice to the provisions of Clause 5.1.1.4. => This amount is subject to VAT (or any local taxes in effect at the Hotel booked) as the price of the full stay that was booked but not used. • Case No. 5: Prepayment of the full amount of the Service Prepayment of the full amount of the Service is made at the time of booking, without prejudice to any other Services and Ancillary Services consumed during the stay, and without prejudice to the provisions of Clause 5.1.1.4. => This amount is subject to VAT (or any local taxes in effect at the Hotel booked) as the price of the full stay that was booked but not used. • Case No. 6: Payment at check-out of the balance of the stay and of other Services consumed during the stay When you have not prepaid the full amount of the stay prior to check-in, the balance of the total amount of the stay, including taxes, will be charged and/or billed upon your departure. In all Cases, at the time of check-out, you will also be billed for any other Services and Ancillary Services consumed by you during your stay. It is specified that for stays of one week or longer, the Services will be billed no later than every seven (7) days. => These amounts are subject to VAT (or any local taxes in effect at the Hotel booked). 5.1.1.3 Hotel Accommodation Services: making of an imprint and pre-authorization upon arrival (check-in) Besides the pre-authorization and prepayment policies referred to above, each of the Hotels has the possibility, as regards all Guests booking Hotel Accommodation Services, to make an imprint of their credit or debit card on the day of their arrival (check-in) to guarantee payment of the total amount of the Services consumed during their stay (such as Ancillary Services) and/or the balance of the amount of the stay, and/or the expenses listed in Clause 5.1.1.4, as applicable. At the same time, a pre-authorization to charge the credit/debit card will be made. This amount will vary according to the Hotel as follows: • Cheval Blanc St Barth: five hundred euros (€500) per room and per night booked – one thousand euros (€1,000) per night booked in case Villa de France is booked; • Cheval Blanc Courchevel: four hundred euros (€400) per room and per night booked; • Cheval Blanc St Tropez: four hundred euros (€400) per person and per night booked; • Cheval Blanc Randheli: one thousand five hundred dollars ($1,500) per room and per night booked; • Cheval Blanc Paris: (i) balance of the total amount of the stay (if not already paid by that date) plus (ii) five hundred euros (€500) per person and per night booked, up to a maximum of six (6) nights. 5.1.1.4 Charging upon check-out or post check-out To the extent certain amounts have not been paid in full on the date of departure, the Hotel reserves the right to bill and charge these amounts within a period of ten (10) days following the check-out, using the imprint made at the time of the booking or else at check-in, corresponding by way of example (on a non-exhaustive basis) to services consumed but not paid for, transfers, use of the mini-bar in the room, damage, breakage, theft, non-payment, returning a forgotten item, your laundry services, loss of keys to the room or of the safe, etc. 5.1.2 Gifts The price of the Gifts is indicated to you in euros, tax included. The Hotel reserves the right to change these prices at any time. However, the price of the Gifts charged to you will be that in effect at the time the order is placed. 5.2 Payment methods Payment of Services and Gifts can be made, as applicable: • by bank payment card (debit or credit), • by bank transfer (only for Hotel Accommodation Services booked by phone or by email), • by payment in cash (only in case of payment in person at the Hotel, and within the limit permissible under local laws), or • by Gift Certificate. In case of booking and/or purchase via the Website, only payments by bank payment card (credit or debit) are authorized. In case of purchase of a Gift via the Website, the total amount of the order will be charged at the time of the purchase. In case of payment of a Hotel Accommodation Service by bank transfer, you must ensure that your name and dates of stay are indicated in the bank transfer order and send the Hotel a copy of the payment confirmation issued by your bank. The Hotel reserves the right to cancel the booking without notice, if the required amounts are not paid on time. You will be informed of this by email sent to the address you provided upon making the booking. In the event that, for whatsoever reason (stop payment order, refusal of the issuing center, etc.), it is not possible to collect the amounts due by you, the booking will be immediately cancelled. You will be informed of this by email sent to the address you provided upon making the booking. It is your responsibility to save and print your payment certificate if you wish to keep a record of your transaction.

CLAUSE 6. RIGHT OF WITHDRAWAL

5.1 FINANCIAL TERMS APPLICABLE TO THE SERVICES AND TO THE GIFTS

 

5.1.1 Services

5.1.1.1 Price of the Services

For Hotel Accommodation Services, the price of the booking is per room, for the number of persons, the dates and the Hotel Accommodation Services selected plus, as applicable, any Ancillary Services selected by you. For Wellness & Relaxation Services, the price of the booking is for the service selected by you, at the date and time selected by you and as per the terms recapped in Confirmation Email. For Food & Beverage Services, the price to be paid depends on what you consume.

The price of the Services is indicated to you in the currency chosen by you from among the choices offered on the Website, which may not be the same currency as that of the Hotel. Any currency conversion offered on the Website is provided on an indicative basis only. The Hotel cannot guarantee what exchange rate will be applied to you.

Services are payable in the currency applicable to the Hotel (i.e. Euros (€)). You are responsible for any currency conversion fees your bank may apply.

 

The price of the Services is inclusive of all taxes, except for any possible taxes appearing in the Specific Terms and Conditions of Booking and recapped in the Confirmation Email (such as the tourist tax (or equivalent) or service or other charges), which are paid to the Hotel directly upon arrival. The price of the Services only covers the Services exhaustively listed in the Confirmation Email. Any additional services that may be provided by the Hotel during your stay and/or Wellness & Relaxation Service will be in addition to the price indicated in the Confirmation Email. The Hotel makes every effort to ensure the accuracy of the rates of the Services displayed on its Website.

 

However, in case of manifest error in price in a booking made on the Website, the Hotel reserves the right not to provide any Services whose rate is manifestly erroneous. In such case, the Hotel will inform you of the error and, as the case may be, send you a new Confirmation Email if you wishes to maintain your booking at the rate actually applicable or else cancel the Services concerned and refund you for any amount you may have prepaid.

 

The Hotel may change the prices listed on the Website at any time without notice. However, the modified prices will only apply to bookings made on the Website after the new prices come into effect.

 

5.1.1.2 Pre-authorization hold, prepayment policy and payment of the Services

When a Service is booked (outside Case No. 1 listed below), depending on the Specific Terms and Conditions of Booking or the Cancellation Policy applicable, you will be invited to

(i)                  guarantee your booking by means of a pre-authorization hold, and/or

(ii)                prepay the Services in full or in part before your stay, either :

(a) by directly entering your card payment information on the Website (if the booking is made via the Website), or else

(b) via a link that will be sent to you at the email addressed you provided upon making a booking.

You will be reminded of these payment conditions before making any booking and/or purchase, in the Service Office, as applicable, and in the Confirmation Email you will receive once the pre-authorization hold has been obtained and/or the prepayment made.

 

The pre-authorization/prepayment policy varies depending on the Service and on the pricing policy applicable to the booked rate. It is set out in the Specific Terms and Conditions of Booking or in the Cancellation Policy and can correspond to one and/or more of the following cases:

·         Case No. 1: No pre-authorization or prepayment required by the Specific Terms and Conditions of Booking or the Cancellation Policy Some Services do not require pre-authorization or prepayment to be booked. In such case, the Hotel will send the Confirmation Email to you at the end of the booking process set out in Clauses 4.5, 4.6, and/or 4.7.

·         Case No. 2: Imprint of your credit card + pre-authorization of a certain amount An imprint of your credit or debit card will be made at the time of the booking. This imprint is made to hold the booking. When this imprint is made, pre-authorization (of an amount indicated in the Specific Terms and Conditions of Booking or in the Cancellation Policy, as the case may be) will be obtained for the purposes of (i) verifying the bank payment card (in this case, the amount will be refunded to you within the period applied by the your bank) and/or (ii) blocking an amount that can be charged by the Hotel in case of late cancellation or “no show” (depending on the policy set out in the Specific Terms and Conditions of Booking and/or in the Cancellation Policy). => No VAT will be applied to these amounts inasmuch as corresponding to fixed compensation to the Hotel for the loss sustained due to the exercise of the cancellation option (BOI-TVA-SECT-60-20120912, No. 230).

·         Case No. 3: Earnest Money Deposit (refundable or non-refundable) At the time of the booking, am amount equivalent to that indicated in the Specific Terms and Conditions of Booking and/or in the Cancellation Policy, as applicable, will be charged to the credit or debit card you used to make the booking. This earnest money deposit (arrhes, hereinafter “deposit”) will either be refundable or nonrefundable depending on the Specific Terms and Conditions of Booking/the Cancellation Policy. If the deposit qualifies as refundable, it will be refunded to you if you cancel before the Cancellation Deadline. In case of cancellation by you after the Cancellation Deadline, no refund of the deposit will be made, without prejudice to the possible charging of/payment of the remaining balance of the amount owed in respect of the booked Services). If the deposit qualifies as non-refundable, it will be kept by the Hotel regardless of the date when you cancel as having been paid in consideration of the cancellation option (without prejudice to the possible charging of/payment of the remaining balance of the amount owed in respect of the booked Services). => This deposit will not be subject to VAT inasmuch as corresponding to fixed compensation to the Hotel for the loss sustained due to the exercise of the cancellation option (BOI-TVASECT-60-20120912, No. 230).

·         Case No. 4: On the Cancellation Deadline, charging of/billing of the balance of the amount of the stay (or prepayment in full) Besides making an imprint and/or paying a deposit, the Specific Terms and Conditions of Booking or the Cancellation Policy, as applicable, may provide for the balance of the total price of the Service to be paid by or on the Cancellation Deadline. In such case, you will be invited to pay this amount at such Cancellation Deadline, either

(iii)              by having the Hotel charge your credit/debit card, this charge being made thanks to the imprint of the card made at the time of the booking, or

(iv)              (ii) by the Hotel inviting you to pay this amount by bank card, via a secure link provided by the Hotel to the email address indicated by you, or by bank transfer made exclusively in the currency used by the Hotel. The Hotel is not responsible for any additional fees that may be charged by banks on this basis. On the date of the Cancellation Deadline, you will therefore prepay the full amount of the Service, without prejudice to any other Services and Ancillary Services consumed during your stay, and without prejudice to the provisions of Clause 5.1.1.4. => This amount is subject to VAT (or any local taxes in effect at the Hotel booked) as the price of the full stay that was booked but not used.

·         Case No. 5: Prepayment of the full amount of the Service Prepayment of the full amount of the Service is made at the time of booking, without prejudice to any other Services and Ancillary Services consumed during the stay, and without prejudice to the provisions of Clause 5.1.1.4. => This amount is subject to VAT (or any local taxes in effect at the Hotel booked) as the price of the full stay that was booked but not used.

·         Case No. 6: Payment at check-out of the balance of the stay and of other Services consumed during the stay When you have not prepaid the full amount of the stay prior to check-in, the balance of the total amount of the stay, including taxes, will be charged and/or billed upon your departure. In all Cases, at the time of check-out, you will also be billed for any other Services and Ancillary Services consumed by you during your stay. It is specified that for stays of one week or longer, the Services will be billed no later than every seven (7) days. => These amounts are subject to VAT (or any local taxes in effect at the Hotel booked).

 

 

 

5.1.1.3 Hotel Accommodation Services:

In addition to the credit card imprint taken upon booking to guarantee the reservation of the stay as detailed under article 4 above and under the applicable Specific Terms and Conditions,

the Hotel has the possibility, as regards all Guests booking Hotel Accommodation Services, to make an imprint of their credit or debit card on the day of their arrival (check-in) to guarantee payment of the total amount of the Services consumed during their stay (such as Ancillary Services) and/or the balance of the amount of the stay, and/or the expenses listed in Clause 5.1.1.4, as applicable. A pre-authorization to charge the credit/debit card will be made for an amount of 250€ per person per day.

 

5.1.1.4 Charging upon check-out or post check-out

To the extent certain amounts have not been paid in full on the date of departure, the Hotel reserves the right to bill and charge these amounts within a period of ten (10) days following the check-out, using the imprint made at the time of the booking or else at check-in, corresponding by way of example (on a non-exhaustive basis) to services consumed but not paid for, transfers, use of the mini-bar in the room, damage, breakage, theft, non-payment, returning a forgotten item, your laundry services, loss of keys to the room or of the safe, etc.

 

5.1.2 Gifts

The price of the Gifts is indicated to you in euros, tax included. The Hotel reserves the right to change these prices at any time. However, the price of the Gifts charged to you will be that in effect at the time the order is placed.

 

5.2 PAYMENT METHODS

Payment of Services and Gifts can be made, as applicable:

• by bank payment card (debit or credit),

• by bank transfer (only for Hotel Accommodation Services booked by phone or by email),

• by payment in cash (only in case of payment in person at the Hotel, and within the limit permissible under local laws), or

• by Gift Certificate.

 

In case of booking and/or purchase via the Website, only payments by bank payment card (credit or debit) are authorized. In case of purchase of a Gift via the Website, the total amount of the order will be charged at the time of the purchase. In case of payment of a Hotel Accommodation Service by bank transfer, you must ensure that your name and dates of stay are indicated in the bank transfer order and send the Hotel a copy of the payment confirmation issued by your bank.

The Hotel reserves the right to cancel the booking without notice, if the required amounts are not paid on time. You will be informed of this by email sent to the address you provided upon making the booking.

In the event that, for whatsoever reason (stop payment order, refusal of the issuing center, etc.), it is not possible to collect the amounts due by you, the booking will be immediately cancelled. You will be informed of this by email sent to the address you provided upon making the booking. It is your responsibility to save and print your payment certificate if you wish to keep a record of your transaction.

CLAUSE 7. CANCELLATION AND “NO-SHOW” POLICY

7.1 CANCELLATION OR CHANGES BY YOU

 

7.1.1 Case of cancellation or changes by you

A cancellation is considered as such, regardless of whether what is involved is:

• full or partial cancellation (including late arrival or early departure by you); or

• “no-show” by you on the date and time of the booked Service.

 

In case of cancellation, the Hotel reserves the possibility of putting the Service concerned up for sale again. It is recommended that you take out travel insurance corresponding to your needs. The Hotel is not responsible for any changes in schedule or delays by passenger transportation providers that may result in late arrivals. In such case, the cancellation policy set out in the Specific Terms and Conditions of Booking and/or in the Cancellation Policy shall apply. The Services booked can only be cancelled and/or modified under the conditions provided for in the Specific Terms and Conditions of Booking where Hotel Accommodation Services are concerned or in the Cancellation Policy where Wellness & Relaxation Services and Food & Beverage Services are concerned. These conditions of cancellation are recapped in the Confirmation Email.

 

The cancellation policy set out in the Specific Terms and Conditions of Booking or in the Cancellation Policy may correspond to the one or the other of the following cases:

 

•         Case No. 1: No cancellation policy is stipulated in the Specific Terms and Conditions of Booking or no Cancellation Policy applies The Service can be cancelled at any time without any cancellation fee or penalty.

•         Case No. 2: Rate not subject to modification, cancellation or refund The Service cannot be cancelled or modified. In case of cancellation (or no-show) all amounts paid in advance will be forfeited and, in case of any possible remaining balance, the balance owed in respect of the Service will be billed, it being specified that any such balance will be charged to your bank payment card. => This amount is subject to VAT (or any local taxes in effect at the Hotel booked) as the price of the full stay that was booked but not used.

•        Case No. 3: The Specific Terms and Conditions of Booking or Cancellation Policy stipulate a Cancellation Deadline and you cancel BEFORE the Cancellation Deadline Option 1: Cancellation is possible without charge and the amounts paid in advance by you (deposit or prepayment) are indicated as being refundable by the Specific Terms and Conditions of Booking or the Cancellation Policy: in case of cancellation by you before the Cancellation Deadline, these amounts paid in advance will be refunded by the Hotel.

Option 2: The amounts paid in advance by you (deposit or prepayment) are indicated as being non-refundable by the Specific Terms and Conditions of Booking or the Cancellation Policy: in case of cancellation by you before the Cancellation Deadline, the amounts paid in advance will be kept by the Hotel.

=> If a deposit is involved, meaning an amount paid in consideration of the cancellation option, this deposit will not be subject to VAT inasmuch as corresponding to fixed compensation to the Hotel for the loss sustained due to the exercise of the cancellation option (BOI-TVA-SECT-60-20120912, No. 230).

=> If prepayment of the full amount of the stay is involved, this amount will be subject to VAT (or any local taxes in effect at the Hotel booked) as the price of the full stay that was booked but not used.

•        Case No. 4: The Specific Terms and Conditions of Booking or the Cancellation Policy stipulate a Cancellation Deadline and you cancel AFTER the Cancellation Deadline Option 1: The amounts paid in advance by you (deposit or prepayment), whether refundable or not, will be kept by the Hotel, without prejudice to the billing of the balance owed in respect of the Service, it being specified that this balance, if any, will be charged to your bank payment card.

=> If the amount paid in advance does not represent the full price of the Service, it is a deposit which is not subject to VAT inasmuch as corresponding to fixed compensation to the Hotel for the loss sustained due to the exercise of the cancellation option (BOI-TVA-SECT-60- 20120912, No. 230).

=> If the amount paid in advance represents the full price of the Service, it will be subject to VAT (or any local taxes in effect at the Hotel booked) as the price of the full stay that was booked but not used.

Option 2: If no amount has been paid in advance by you, you shall be required to pay the amount indicated in the Specific Terms and Conditions of Booking or in the Cancellation Policy in case of cancellation after the Cancellation Deadline, without prejudice to the billing of the balance remaining owed in respect of the Service, it being specified that this balance, if any, will be charged to your bank payment card.

=> This amount will be subject to VAT (or any local taxes in effect at the Hotel booked) as the price of the full stay that was booked but not used. In all Cases, if it is not possible to charge your bank payment card to cover the amounts owed by you on any basis whatsoever (including, but without limitation, on the basis of the deposit, prepayment, payment of the balance of the Services, etc.), the Hotel reserves the right to ask you to pay the amounts owed by any other means, including through a payment link sent to you.

 

7.1.2 Contact details

 

To request the cancellation of Hotel Accommodation Services, you may contact the Hotel by using the following contact details:

HOTEL PITRIZZA

Via la Banchina di Pitrizza snc

Località Liscia di Vacca

07021 Porto Cervo

Italy
Phone: +39 0789 930 111

Email: reservations@hotelpitrizza.com  

 

7.2 Hotel Accommodation Service:

In any event, in case of the interruption of the stay for any reason whatsoever ascribable to you, including conduct incompatible with the rules of good conduct referred to in Clause 3.2.8, you will be required to pay to the Hotel the full amount of the fixed price listed in the Confirmation Email, and no refund of any kind will be made on this basis. In case of advance payment, this amount will be deducted from the amounts paid in advance. If no payment in advance was made for the booking, the Hotel will charge the amount due from the amount of the pre-authorization hold or bill you the amount.

 

7.3 Cancellation by the Hotel

Should the Hotel cancel performance of the Contract, you have the right, if a consumer, to receive compensation equal to (i) the amount of any payment on account (“acompte”) made; or (ii) double the amount of any paid earnest money deposit (“arrhes”).

 

7.4 Irregular booking

Any booking or payment that is irregular, invalid, incomplete or fraudulent for reasons attributable to you will result in the cancellation of your booking, without prejudice to any civil or criminal proceedings that may be brought against you on this basis. Depending on the Specific Terms and Conditions of Booking or the Cancellation Policy, the Hotel will be entitled to charge cancellation fees and, if applicable, all or part of the price of the booked Services, which will be deducted from the amounts paid in advance, if any, or charged to the amount of the pre-authorization hold (when no advance payment is made for the booking). The Hotel also reserves the right to put the relevant Service up for sale again.

 

7.5 Complaints – Information

Any complaints concerning a purchase and/or non-performance or improper performance of the Services should, to facilitate their effective handling, be submitted to the Hotel in writing using the contact information provided in Clause 7.1.2 and in the “Customer Service” section of the Website.

CLAUSE 8. MISCELLANEOUS

8.1 GENERAL

Should any provision of this Contract be held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain valid, applicable and enforceable, unless otherwise provided in such jurisdiction. No failure by either Party to enforce any of their rights or remedies under these Ts & Cs against the other Party shall operate as a waiver of their right to enforce any such right or remedy in the future. No waiver shall be effective unless it is expressly stated to be a waiver and communicated to the other Party in writing. Section headings are for information purposes only, in case of conflict between the headings and the content of the section, the content will control. These Ts & Cs have been translated in the English language for convenience purposes only. In the event of any discrepancy, the French language version shall control.

 

8.2 SANCTIONED PERSON

If you (or any other person including in the booking made by you) are or at any time become a Sanctioned Person (as defined below) or if you are otherwise identified by a government authority having jurisdiction over the Hotels, as a person with whom the Hotel and/or LVMH HM is prohibited from transacting business, the Hotel shall have the right to cancel the booking without incurring any liability to you (or any other person included in the booking). “Sanctioned Person” means (a) any person who is on one or more lists of economic sanctions by the EU and/or any EU Member State, or who is otherwise specifically targeted by economic sanctions and/or restrictive measures by the United States, the EU or any EU Member State, or (b) any person designated by the Office of Foreign Assets Control of the U.S. Department of the Treasury as being a "specially designated national or blocked person" or similar status; or (c) a person described in Section 1 of U.S. Executive Order 13224 issued on September 23, 2001 or any other similar future Executive Order.

 

8.3 PERSONAL DATA

As part of the performance of the Services or processing of bookings and/or orders, LVMH HM and/or Sardegna Resorts process the personal data of Guests and users of the Website, under the conditions laid down in the Privacy Policy (available here).

 

8.4 INTELLECTUAL PROPERTY

8.4.1 Intellectual property in connection with the “Pitrizza” brand, the Website as well as all trademarks whether figurative or not and, more generally, all other trademarks, illustrations, images, and/or logos appearing on the Gifts, their accessories or packaging, whether registered or not and belonging to, licensed to or relating to Sardegna Resorts and/or LVMH HM (the “Brands”) are and shall remain the exclusive property of the Sardegna Resorts and/or LVMH HM or under license to the Sardegna Resorts and/or LVMH HM. The Website and all the graphic, textual, visual and photographic elements contained therein, including in particular all illustrations, figurative or non-figurative trademarks, logos, images, designs, photographs, characters, texts, decors, modes of presentation, graphics or any other element of the Website (hereafter the “Content”) are and shall remain the exclusive property of the Company or the Hotels or under license to Sardegna Resorts and/or LVMH HM and are protected by intellectual property rights in particular. The Brands, the Website and/or its Content may not be modified, reproduced, performed/displayed, distributed, posted, marketed, incorporated in a derivative or other work, in whole or in part, in any medium whatsoever. In general, the Brands, the Website and its Content may only be used for the purpose of browsing the Website and, where applicable, to make a booking or place an order. The use of all or some of the Brands, of the Website and/or of its Content, in particular via downloading, reproduction, transmission or performance/display for any purposes other than contemplated in these Ts & Cs is strictly prohibited.

 

 

8.4.2 Intellectual property in connection with works on display at the Hotel

The works on display at the Hotel (including, but without limitation, paintings, sculptures, works of applied art such as furniture, decors, etc.), hereinafter referred to as the "Works" must not be photographed, captured or reproduced by Guests during their stay and must not be displayed, in any form or medium whatsoever, except as permitted under Article L.122-5 of the French Intellectual Property Code. In case of failure to comply with the above rule, you agree to hold Sardegna Resorts and/or LVMH HM harmless for all harm arising out of such failure, including against all claims, liability, costs (including attorney fees), damages, suits or proceedings by any person based on the direct or indirect use made of one or more Works.

 

8.5 FORCE MAJEURE

The Parties agree to apply Article 1218 of the French Civil Code and case law from the French courts. It is specified, for all intents and purposes, that reasons of personal convenience are not considered as events of force majeure.

 

8.6 AGREEMENT ON PROOF

In any event, and particularly in the event of a dispute, the Hotel may produce electronic proof of your actions, validations and instructions, and in particular the entry of the required bank payment card information, the electronic records kept in the Sardegna Resorts' computer systems, as well as the content of messages and transactions with you, using the connection logs, as you hereby acknowledge.

 

8.7 GOVERNING LAW – DISPUTES

8.7.1 Governing law

The Contract is governed by and shall be construed in accordance with the laws of France, without prejudice to any overriding mandatory provisions of consumer protection law that may apply in the country of residence of the consumer.        

 

8.7.2 Customer Service

In case of any dispute between the Hotel and you arising out of or in connection with the Contract, the Services and/or the Gifts, the Hotel and you shall endeavor to amicably resolve it. You agree to refer the matter, in priority, to the Customer Service department of the relevant Hotel as per the contact details below: HOTEL PITRIZZA Hotel Pitrizza Via la Banchina di Pitrizza snc Località Liscia di Vacca 07021 Porto Cervo Italy Phone: +39 0789 930 111

Email: reservations@hotelpitrizza.com

 

8.7.3 Dispute resolution

Failing amicable agreement, and in the event of a negative response or no response from the Customer Service department within sixty (60) days from the date of the referral, you may refer the matter, free of charge, to the consumer ombudsman to whom the Hotel reports, namely the Association des Médiateurs Européens (AME CONSO), within a period of one year from the date of the written complaint addressed to the Hotel. The ombudsman will attempt, in a fully independent and impartial manner, to amicably resolve the dispute. A referral can be made to the consumer ombudsman: · either by completing the form provided for that purpose on the website of AME CONSO: www.mediationconso-ame.com; or · by sending a letter to AME CONSO, 11 Place Dauphine – 75001 PARIS. You are free to resort to mediation or not. In case of recourse to mediation by the Hotel, you are also free to accept or refuse recourse to mediation. Once the ombudsman's decision is rendered, each Party is free to accept or refuse the solution proposed by the ombudsman. Guests are also reminded that pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council dated May 21, 2013, they can access the online dispute resolution (ODR) platform at the following address: ec.europa.eu/consumers/odr.

 

8.7.4 Jurisdiction

ANY DIFFICULTIES ARISING OUT OF OR IN CONNECTION WITH THE INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT, OR OF THIS CONTRACT WILL BE SUBMITTED, UNLESS AMICABLY RESOLVED UNDER THE ABOVE CONDITIONS, TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF PARIS, INCLUDING IN CASE OF SUMMARY PROCEEDINGS, IMPLEADER OR MULTIPLE DEFENDANTS. NOTWITHSTANDING THE FOREGOING, IT IS SPECIFIED THAT THE GUEST, WHERE A CONSUMER, MAY CHOOSE TO BRING ANY DISPUTE EITHER BEFORE THE COURTS HAVING TERRITORIAL JURISDICTION UNDER THE FRENCH CODE OF CIVIL PROCEDURE, OR BEFORE THE COURTS OF THE PLACE OF RESIDENCE OF THE CONSUMER AT THE TIME OF ENTERING INTO THE CONTRACT, OR OF THE PLACE IN WHICH THE HARM OCCURRED, THE FOREGOING IN ACCORDANCE WITH ARTICLE R.631-3 OF THE FRENCH CONSUMER CODE.

Appendix 1 –
WITHDRAWAL FORM – Gift Voucher

 

(Please complete and return this form only if you wish to withdraw from the purchase of a Gift made on the Website.)

 

Attn. of: HOTEL PITRIZZA

Via la Banchina di Pitrizza snc

Località Liscia di Vacca

07021 Porto Cervo

Italy –

Email : reservations@hotelpitrizza.com

 

I hereby give you notice of withdrawal from the contract for purchase of the following Gift: [description of the Gift]

 

For Gift Boxes: received on [date of delivery]:

Order No.:

Name of Guest:

Address of Guest:

 

 

Signature of the Guest [only in case of notification using a paper copy of this form]

 

 

Date

 

 

Appendix 2 – Hotel Pitrizza code of etiquette

 

Pitrizza Hotels have been designed as havens, inviting guests to relax in an atmosphere where every detail has been thought through. In order to ensure the tranquility and privacy of each guest, our guests are kindly requested to read the Hotel Pitrizza Code of Etiquette and to respect the following guidelines throughout their stay.

• Be respectful of local laws, cultural and religious traditions and practices;

• Respect the agreed contractual and payment terms before, during and after a stay for all products and services consumed;

• Be respectful of the privacy, dignity, physical and moral integrity, disabilities and personal appearance of all Ambassadors and guests staying at our Hotels, in all circumstances;

• Make appropriate use of the Hotel’s facilities, avoiding any voluntary or involuntary damage to them or disturbing the peace and quiet of other guests;

• More generally, avoid any conduct that is unethical, unlawful, indecent, inappropriate or contrary to accepted standards of behavior, law and order and local laws, including, for example, but not limited to, verbal abuse, obscene or abusive gestures, physical violence, reprehensible acts, drug use, alcohol abuse or any other behavior that could be a source of annoyance or nuisance to other guests or to Hotel staff.

 

Any violation of the Hotel Pitrizza Code of Etiquette will be reported to the local and central management of the Hotel, and may lead to corrective or preventive actions depending on the nature of the violation, including restricting access to the Hotels (1) or special conditions being imposed on future bookings.

 

For any question concerning the application of the Hotel Pitrizza Code of Etiquette, to report or provide information on a specific matter or to exercise your right of access, of rectification or to obtain the erasure of your personal data under applicable data protection laws, please write to dataprivacy@chevalblanc.com.

 

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