Version of 09/09/2022
Les THERMES D’AVENE, a simplified joint-stock company ( société par actions simplifiée) with a capital of 1,057,212.00 euros, entered in the Montpellier trade and companies register (RCS)
under number 423 907 732 and whose registered office is located at CENTRE THERMAL AVENE, Les Bains d’Avène, 34260 Avène, France Host: Société OVH, a simplified joint-stock company (société par actions simplifiée) with a capital of 10,069,020 euros, entered in the Lille trade and companies register under number 537 407 926 and whose registered office is located at 2, rue Kellermann, 59100 Roubaix, France.
INTRODUCTION
LES THERMES D’AVENE SAS, a hydrotherapy professional, (“TA”) operates the website at http://www.centrethermalavene.com/fr providing information and the ability to book hydrotherapy treatments.
The consumer of hydrotherapy treatments (“Customer”) acknowledges having obtained all the necessary information from TA. Any booking of a treatment on the website at http://www.centrethermalavene.com/fr implies the consultation and full and unreserved acceptance of the general terms and conditions of sale of the booked rate.
The Customer’s acceptance of these general terms and conditions of sale of the booked rate occurs at the time of booking. No booking is possible without this acceptance. The Customer has the option of saving and printing these general terms and conditions of sale of the booked rate using the standard functions of the browser used. The website mentions the following information:
- The legal notice providing the TA’s precise identification and indicating its company name, the address where its established, its Email address, its telephone number, its registered office, and whether it is subject to value-added tax and identified by an individual number.
- The key features of the treatments offered (Description of treatment programmes).
- The rates.
- The payment methods.
- How to exercise the right of withdrawal.
- The general terms and conditions of sale.
- The period of validity and rate of the offered service.
Prior to the booking of the treatments, the Customer declares that they are booking these treatments for their own personal needs.
The Customer acknowledges having been fully informed that their acceptance of the content of the general terms and conditions of sale does not require a handwritten signature on these documents. Such acceptance results from the sole act of submitting the booking. All information is presented in French.
The Customer claims to have full legal capacity to commit to these general terms and conditions of sale.
DEFINITIONS
In the rest of this document, the following terms will have the following meanings:
“Customer”: Natural person (co-contracting party) of legal age (over 18 years old) having booked or received a Treatment and acting for their personal needs.
“Booking Confirmation”: electronic document (Email) sent to the Customer by TA summarising the features of the Treatment booked by the Customer online. Acceptance of the Booking Confirmation is contractually binding on the Customer.
“Electronic Mail” or “Email”: any message in the form of text, voice, sound, or image sent over a public communications network and stored on a network server or in the recipient’s terminal equipment until it is retrieved by the recipient.
“Booking”: the act whereby the Customer books one or more Treatments.
“Treatment(s)”: Set of services, treatment packages, and additional care prescribed by the attending doctor, whether or not covered by the French health insurance system or any other social security scheme.
- Hydrotherapy treatment(s) (covered treatment, open-door treatment, and/or “Sensicure”), dermatological and oral care, the key features of which are presented in the brochures and on the Website.
“Website”: electronic service operated by TA on the Internet and accessible at http://www.centrethermalavene.com/fr
SUBJECT MATTER AND SCOPE
These general terms and conditions of sale define the rights and obligations of the parties in connection with the booking and sale and/or remote booking by electronic means of Treatments offered to Customers by TA on its Website and in the brochures. They govern all the steps necessary to submit the booking and track the booking between the parties to the contract. The Customer acknowledges having read and accepted these general terms and conditions of sale accessible on the Website (also accessible by Email and by post on request).
These general terms and conditions of sale apply to all bookings made on the Website, by Email, or by post.
DURATION
These general terms and conditions of sale apply for as long as the Treatments are posted on the Website. TA reserves the right to close the Website or the online booking space temporarily or permanently without prior notice or compensation. TA is not liable for loss or damage of any kind that may result from these changes and/or a temporary unavailability or the permanent closure of all or part of the Website or of the associated Treatments, such as the online sales space.
These general terms and conditions of sale may be modified and/or supplemented by TA at any time. However, the terms and conditions previously applicable at the time of the booking by the Customer will not be modified. In this case, the new version of the general terms and conditions of sale will be posted on the Website by TA.
In the event of modifications, the general terms and conditions of sale applicable are those in force on the date of the booking.
1-BOOKING
The Customer will choose from among the Treatments listed on the Website as of the day of the booking.
The Customer acknowledges having reviewed the booking procedures and all the features of the available Treatments and having requested and obtained the necessary and/or additional information in order to make an informed decision to submit a booking.
The Customer is solely responsible for their choice and its suitability with their needs in such a way that TA cannot be held liable. The booking is deemed to be accepted by the Customer at the end of the booking process. On the Website or by Post: The Customer must complete the online booking form on the Website or the paper form following the provided recommendations, confirm it on the Website, and send it by Email to contact.avenecenter@pierre-fabre.com OR by post to Les THERMES D’AVENE – 34260 AVENE
- FRANCE.
2-BOOKING
For any booking made on the Website, the Customer must complete the online booking form and provides their bank card number. The deposit must be paid at the time of this booking.
Payment methods: see details in the appendix.
In order to confirm their booking, the Customer must pay the deposit corresponding to the booked Treatment by bank card. The booking will be deemed to have been made when the deposit is paid online, subject to the validity of the medical appointment.
If the deposit for Treatments covered by health insurance and open-door treatments for 6, 12, or 18 days is not paid, TA does not confirm the booking and does not guarantee the availability of the Treatment and cannot be held liable in this respect.
Prior to any booking, the Customer must provide the requested information in the booking form. The Customer attests to the truthfulness and accuracy of the transmitted information. The booking procedure includes the following steps:
Step 1: Search for and select a Treatment.
Step 2: Fill in the Customer’s contact details. A complete, valid postal address (required) and an Email address (optional) for the Customer are essential for further processing by TA.
Step 3: Verify the details of the booking, review and accept the general terms and conditions of sale of the booked rate, and pay online;
Step 4: The booking is verified and approved by TA before it is registered. Once the booking has been registered, the Customer will receive the confirmation of their booking by Email and/or by post including the dates, the package(s) of the selected Treatment(s), and the deposits paid. TA reserves the right to refuse or invalidate a booking where the Customer provides incomplete or fraudulent information or where no deposit is paid. The booking is deemed to be accepted by the Customer once the process of confirmation of the booking by TA has been completed. This acceptance commits the Customer to the acknowledgement of having read the general terms and conditions of sale and their unreserved agreement to the said general terms and conditions of sale. For any questions relating to the booking, the Customer may contact TA directly by telephone on 04.67.23.41.87 or by Email at the following address: contact.avenecenter@pierre-fabre.com.
3-RATES AND PAYMENT
The rates applicable in accordance with the appendix to the general terms and conditions of sale are those in force on the day when the booking is made. Our rates are in euros, include all taxes, and are only valid for the duration indicated on the Website and on the confirmation of the booking. The rates take into account the VAT applicable on the day of the booking, and any change in the rate applicable to VAT will be automatically reflected in the indicated rates. The VAT that will actually be paid by the Customer will be the VAT as of the date of collection of the payment. Any modification or introduction of new statutory or regulatory taxes imposed by the competent authorities will be automatically reflected in the indicated rate as of the invoice date.
TA reserves the right to modify its rates at any time but guarantees that the Customer will be charged the rate in force as of the day of the booking. The rates can be viewed and downloaded on the Website and are included in the TA brochures.
Treatment covered by health insurance:
On the day of arrival for treatment , the Customer will provide to TA the original of their insurance authorisation form for the hydrotherapy package, commonly referred to as “Volet 2”.
Open-door treatment (6, 12, or 18 days): a quote is drawn up following the consultation.
On the day of arrival for treatment, the Customer pays TA on site for
the balance payable for the booked treatment package and, where
applicable, any prescribed additional services, the total cost of which is indicated
in the quote provided in duplicate to the Customer by TA. TA will retain a copy of this
quote signed by the Customer.
“Sensicure découverte” treatment: payment is made on the day of arrival.
“5-day Sensicure”: prepayment is made on the day of arrival
and collected on the day before departure.
The Customer (for Treatment covered by insurance, open-door treatment for 6, 12, or 18 days, or “Sensicure” Treatment) must go to the TA reception desk at the end of their stay to settle their account: any adjustments to the final invoice will be made in the Customer’s presence on the day before the last day at the earliest or on the last day of treatment at the latest.
Payment methods: details provided in the appendix.
4 -CONSUMER OMBUDSMAN
Any dispute not pertaining to a health service and not previously amicably resolved by the Customer and TA may be referred to the Ombudsman for hydrotherapy free of charge* by any Customer on the website at www.mediateurduthermalisme.org or by post to the following address: Monsieur Daniel BOULIN - Médiateur du hydrotherapyisme
157 chemin de Garia - 64300 LAA MONDRANS.
This option is not available for hydrotherapy treatments covered by health insurance that are services provided on medical prescription under the French Public Health Code and the French Social Security Code and not the French
Consumer Code.
(* Excluding costs related to the use of an expert or the assistance of a lawyer)
5-PAYMENT CONDITIONS AND METHOD
The Customer must communicate their bank details or credit or charge card information (Carte Bleue, Visa, Mastercard), indicating directly in the space provided for this purpose (SSL-encrypted secure entry),
the card number, without spaces between the digits, as well as its expiry date and the card security code for prepayment via Mercanet.
TA has chosen Mercanet to secure online payments by bank card. The validity of the Customer’s payment card is verified by Mercanet. The payment card may be rejected for several reasons: stolen card, blocked card, limit reached, input error, etc. In case of a problem, the Customer must contact their bank and TA to confirm their booking and payment method.
The payment will be debited in part at the time of booking (online prepayment). This prepayment constitutes a deposit. The amount
of the deposit will be deducted from the final invoice.
The Treatment balance must be paid in accordance with the Appendix
to this document. There are several payment method options providing optimal security for the Customer:
Cash (up to the legally permitted maximum amounts for payment of the Treatment balance).
Bank card (Carte Bleue, Visa, Eurocard/Mastercard).
Bank cheque or postal cheque. The cheque will cashed upon its receipt. Only French cheques are accepted. The various additional services and taxes must be paid on site before the Customer’s departure.
If the Customer does not pay the Treatment balance on site before departure, the establishment reserves the right to debit the sums due directly using the bank card details provided either during the payment of the deposit or on arrival at the establishment, which the Customer expressly accepts. In this case, late-payment penalties will be due from the day after the due date of the invoice at a rate of 15% per annum, applied to the amount of the invoice including VAT. In addition, a fixed penalty of 15% of the sums due will be payable if collection proceedings are initiated.
6-INTERRUPTION
Treatment covered by health insurance: in the event of total interruption of the Treatment, the Customer or the Customer’s representative must contact TA immediately to agree on the arrangements for settling the account.
Supporting documentation of interruption (medical certificate, summons, certification of vital record) is mandatory for the standard handling of the account with application of third-party payment towards the Treatment package by TA. In the absence of supporting documentation, the Customer must pay the full amount of the invoice for the Treatment directly to TA.
7-SUSPENSION
In the event of suspension of the Treatment (temporary interruption of the Treatment), the Customer or the Customer’s representative must contact TA immediately to agree on how the account will be handled. Supporting documentation of interruption (medical certificate, agreement, certification of vital record) is mandatory for Treatments covered by health insurance for the standard handling of the account with application of third-party payment towards the Treatment package by TA. In the absence of supporting documentation, the Customer must pay the full amount of the invoice to TA.
Open-door treatment (6, 12, or 18 days) or “Sensicure” Treatment: in the event of total or temporary interruption for medical reasons, if the Customer provides medical supporting documentation to TA, they will receive a refund prorated for the Treatment time
not used.
Resumption of the Treatment covered by health insurance, open-door treatment (6, 12, or 18 days), or “Sensicure” Treatment is possible only with a medical release and after the medical certificate has been provided to TA. Refund and payment methods: See Appendix.
8-CANCELLATION
The Customer may cancel their booking within two (2) weeks before the scheduled arrival date by post to TA sent to the following address: Les THERMES D’AVENE - 34260 AVENE - France or by Email sent to contact.avenecenter@pierre-fabre.com.
This cancellation will result in the refund of the deposit within one (1) month of receipt of the cancellation request sent to TA by the Customer by crediting the Customer’s bank account or by issuing a bank cheque. The Customer may also cancel their booking by telephone within two (2) weeks prior to the scheduled arrival date. However, such cancellation must also be confirmed with TA under the above conditions by post or Email.
If a booking is cancelled less than two (2) weeks before the scheduled arrival date at the Customer’s request only for professional or medical reasons with supporting documentation, the deposit will be refunded within one (1) month upon receipt of the cancellation request and supporting documentation sent to TA by the Customer.
If the Customer fails to send supporting documentation, the deposit will be surrendered to TA.
If the Customer does not receive certain forms of care prescribed for their Treatment for any reason whatsoever, particularly if they do not show up or they show up outside the time limit at the meeting place, the Customer will remain liable for all sums due with respect to the initial booking. Consequently, the Customer will have to pay the balance of the sums before leaving TA.
This does not apply to a hydrotherapy package in connection with an 18-day Treatment covered by health insurance. In this specific case only, in the event of interruption of the Treatment, signed off by the hydrotherapy doctor, the amount due for the hydrotherapy package will be prorated.
9-MODIFICATION
Any modifications to the booking by the Customer can only be accepted by TA to the extent of their possibilities and provided that notice of these modifications is sent to TA by post at Les THERMES D’AVENE – 34260 AVENE – France, by Email at contact.avenecenter@pierre-fabre.com , or by telephone as described above within eight (8) days prior to the scheduled arrival date.
Any modification by telephone must be confirmed with TA under the above conditions by post or by Email. To the extent possible, TA will try to meet the Customer’s requests. No modifications will be accepted if they are received less than eight (8) days before the arrival date. If a modification is refused, the Customer may cancel the booking if they cannot maintain the original terms of their booking.
10-FORCE MAJEURE
TA cannot be held liable for the full or partial non-performance of its obligations in the event that the non-performance is due to an event of force majeure as defined in Article 1218 of the French Civil Code and/or normally recognised by the case law of the French courts and tribunals.
Force majeure refers to any event that was unforeseeable at the time of entry into the Contract and unavoidable during its performance.
11-MEDICAL CONSULTATION
In connection with the Treatments and “Sensicures”, with the exception of “Sensicures découverte”, a medical examination with a hydrotherapy doctor is required (TA medical offices) before the start of the Treatment. Before booking the Treatment, the Customer must make the medical consultation appointment by contacting the medical office of their choice on 09.73.03.26.90 for treatments covered by health insurance and open-door treatments for 6, 12, or 18 days. For 5-day “Sensicures”, TA makes the medical consultation appointment.
At the time of booking, the Customer must inform TA of the name of the chosen hydrotherapy doctor and the day and time of the medical consultation appointment. For treatments covered by health insurance and open-door treatments for 6, 12, or 18 days, the medical fees must be paid directly to the hydrotherapy doctor at their medical office.
For the “Sensicure” treatment, the appointment is made by Les Thermes, and the fees are included in the package, to be paid in full to TA.
12-PERFORMANCE OF THE TREATMENT
The Customer undergoing Treatment agrees to attend all daily treatment sessions scheduled following the medical consultation.
TA reserves the right, in consultation with the hydrotherapy doctor, upon arrival of the Customer or during the stay, to make modifications to the prescribed care according to the availability of the technical facilities at the time of the Treatment.
Treatment(s) covered by health insurance:
If the Customer fails to appear for the treatments included in their hydrotherapy package, they will be liable to forfeit the reimbursement for their Treatment by health insurance and, in that case, must pay TA for the full hydrotherapy package, prorated for the duration of its use. Open-door treatment(s) for 6, 12, or 18 days or “Sensicure”:
The Customer will not be entitled to any compensation for their failure to undergo the scheduled treatments.
13-HYGIENE AND REGULATIONS
TA is Aquacert HACCP Thermalisme® certified: this quality process directly covers the hygiene rules applicable to TA. This certification, through the third party AES Certification, ensures compliance with the applicable regulations and the implementation and maintenance of a health safety management system.
By booking any Treatment, the Customer undertakes to comply with the rules of hygiene and other rules applicable in TA. These rules are set out in the TA welcome booklet. A copy of the welcome booklet is given to the Customer on the day of arrival.
14-LIABILITY
The Treatments comply with current applicable French laws. TA cannot be held responsible for non-compliance with the laws of a third country. TA cannot be held liable for non-performance of the booking in the event of force majeure, an act of the third party, an act of the Customer, or an act of its partners, such as unavailability of the Internet, inability to access the website, external intrusion, computer virus, or if the prepayment is not authorised by the Customer’s bank.
TA will not be liable for any consequential damages arising herefrom, in particular any operating losses, due to acts by a third party, the Customer, or its partners. Hyperlinks may lead to websites other than the website of TA, which accepts no responsibility for the content of these websites and the services offered.
Any booking or payment that is irregular, ineffective, incomplete, or fraudulent for a reason attributable to the Customer will result in
the cancellation of the booking at the Customer’s expense, without prejudice to
any civil or criminal action against the Customer.
TA offers hydrotherapy treatments for children under 18 years of age. These programmes require the presence of an accompanying adult for a minor up to 12 years of age. The photographs appearing on the website are not contractual. Although every effort is made to ensure that the photographs, graphic representations, and text reproduced to illustrate TA provide an overview of the Treatments that is as accurate as possible, variations may occur, in particular due to a change of furnishing or any renovations. The Customer will not be entitled to any claim as a result.
15-CLAIMS
In connection with the Aquacert HACCP Thermalisme® quality process containing a “customer service” chapter, a claim form is available at the TA reception desk.
The Customer must make any claim relating to their Treatment by name and in writing on the claim form or on plain paper and submit it to TA at the TA reception desk, by post to Les THERMES D’AVENE - 34260 AVENE - France or by Email to contact.avenecenter@pierre-fabre.com. All claims are handled by the TA Quality Department. This Customer will be informed of the action taken on their claim.
16-PRIVACY – PRIVACY POLICY
The information requested from the Customer is necessary for the processing of their booking and for the sending of information about TA’s products and services. If such information is not provided, TA will not be able to register the booking. In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), the Customer has a right of access, rectification, and erasure of their personal data under certain conditions and also a right of restriction of processing and a right to object as further explained in our privacy policy.
While browsing the Website, the Customer may access their personal data via their customer space, rectify their personal data if their situation has changed, or object to the collection of their personal data by TA for marketing purposes. However, certain data are essential for the processing of the booking. If we do not collect this personal data, we will not be able to proceed with their booking. Lastly, the Customer may also request the erasure of all their personal data simply by sending a request with proof of identity by post to Les THERMES D’AVENE – 34 260 AVENE – France. Unless the Customer objects, TA may send promotional offers and a questionnaire following their hydrotherapy stay by Email. The Customer has the right to object, at no cost, to the use of their personal data for prospecting purposes, in particular marketing purposes.
In addition, the Customer may unsubscribe at any time by clicking the “unsubscribe” link at the bottom of any promotional Email. The processing of such personal data will enable TA to: - fulfil its obligations towards the Customer; - inform the Customer of special offers and any new service created by TA. The Customer will be informed on each personal data collection form whether the responses are mandatory or optional by the presence of an asterisk. The Customer authorises TA to communicate the Customer’s personal data to third parties on the condition that such communication is compatible with carrying out the operations incumbent on TA under these general terms and conditions of sale. In particular, at the time of the online payment, the Customer’s bank details will have to be sent to TA’s bank by the payment provider Mercanet for the performance of the booking contract. In its capacity as a professional, Mercanet has committed to TA that it will take all security and confidentiality measures with regard such data transfers. For more information, TA invites Customers to review its privacy policy, which is available on the Website.
17-DIRECT MARKETING
The Customer has the option of expressly consenting to receive direct marketing Email or SMS/VMS. The Customer has the right to object, at no cost, to the use of their data for prospecting purposes, in particular marketing purposes.
18-AGREEMENT ON EVIDENCE
The computerised records in TA’s IT systems will be stored under reasonable security conditions and considered as evidence of communications, bookings, and payments between the parties.
Freedom of evidence does not dispense with the need to prove by trustworthy means.
The entry of the required bank details and the acceptance of these general terms and conditions of sale and the booking form constitute an electronic signature with the same value between the parties as a handwritten signature. The Customer is informed that their IP address is recorded at the time of booking.
19-INTELLECTUAL PROPERTY
All texts, images, and sounds reproduced on the website or in the TA brochures are the exclusive property of TA for the whole world.
These general terms and conditions of sale do not entail any assignment of any kind of intellectual property rights over the elements belonging to TA or beneficiaries such as photographs, images, literary texts, artistic works, trademarks, graphic charters, or logos for the benefit of the Customer. Only use consistent with the intended purpose of the website is permitted.
Internet users who have a personal website and wish to place a simple link on their website for personal purposes leading directly to the home page of TA’s Website must obtain the express authorisation of TA to establish this link. In any event, hyperlinks to TA’s Website must be removed at TA’s first request.
20-APPLICABLE LAW
The applicable law is French law.
Any dispute relating to the entry into, performance, interpretation, or termination of the Contract that cannot be resolved amicably will be referred to the competent courts with jurisdiction over the place of the defendant’s domicile.
21-ENTIRETY OF OBLIGATIONS
These general terms and conditions of sale and the booking form express all the obligations of the parties. No general or specific terms and conditions communicated by the Customer may be incorporated into these general terms and conditions of sale. The documents forming the contractual commitments between the parties are, in descending order of priority, the booking form (including the special terms and conditions of the booked rate) and these general terms and conditions of sale.
In the event of any contradiction between the booking voucher and the general terms and conditions of sale, the provisions appearing on the booking voucher will be the only provisions applicable for the obligation in question.
22-APPENDIX
Rates - Payment methods - Refund methods
Rate lists :
Available on the Website
In the hydrotherapy documentation
From TA on request
By Email: contact.avenecenter@pierre-fabre.com
Payment methods :
For the deposit at the time of booking:
Treatment covered by health insurance: Sixty euros (€60);
Open-door Treatment (6, 12, or 18 days) or for a “Sensicure” or “Sensicure
découverte” treatment: One hundred euros (€100)
Payment method: Bank card, French cheque, or cash
(euros only),
For payment by bank transfer or money order, contact TA.
For the balance payable for Treatments:
Treatment covered by health insurance: at the time of departure on presentation of the invoice.
Open-door treatment (6, 12, or 18 days): on arrival, on quote, with adjustment on the invoice upon departure.
“5-day SensiCure”: prepayment on the day of arrival and collection the day before
departure.
“SensiCure découverte”: payment on the day of arrival.
Payment method: Bank card, French cheque, or cash (euros
only ).
Refund by TA :
For the deposit:
According to the methods and time frames indicated in the general terms and conditions of sale. Payment method: refund to the bank card or by cheque or cash (euros only).
In case of “overpayment” on completion of the Treatment:
Treatment covered by health insurance: the day before departure on presentation of the invoice.
Payment method: cash (euros only)
In the event of interruption of the Treatment or account adjustments after
the end of treatment : As indicated in the general terms and conditions of sale
and after receipt of the supporting documentation by TA.
Payment method: check or cash (euros only).