Article 1 – Provider Designation
DOMAINE DE BIAR, a simplified joint-stock company with a capital of 1,000 euros, whose registered office is located at 251 Avenue du Golf – Bâtiment Marbella – 34670 BAILLARGUES, registered with the Trade and Companies Register under number 821 375 748 RCS MONTPELLIER.
Article 2 – Scope of the General Sales Conditions
These General Sales Conditions apply, without restriction or reservation, to any purchase of accommodation, catering, seminar, event and spa services, as well as related sports activities (“Services”) offered by DOMAINE DE BIAR (“Seller”) to consumers and non-professional customers1 (“Customers or Customer”) (Seller and Customer are also referred to as “Parties” or “a Party”) on its website www.domainedebiar.com.
They specify in particular the conditions of use of the Seller’s website, ordering, payment, and provision of Services ordered by Customers.
The main characteristics of the Services, including all substantial information required by applicable regulations, are presented on the website www.domainedebiar.com.
The Customer is required to read them before placing an order. The choice and purchase of a Service are the sole responsibility of the Customer.
The General Sales Conditions are systematically communicated to any Customer prior to the conclusion of a service supply contract and will prevail, if necessary, over any other version or any other conflicting document. They are accessible at any time on the website www.domainedebiar.com.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other distribution channels for the Services.
They may be supplemented by specific conditions, as stated on the website www.domainedebiar.com, prior to any transaction with the Customer.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the applicable regulations, the Customer has the right, at any time, to access, rectify, oppose, delete, and port all of his/her personal data by writing, by mail and by justifying his/her identity, to:
• SAS DOMAINE DE BIAR
251 Avenue du Golf – Bâtiment Marbella
These General Sales Conditions may be subject to subsequent modifications, and the version applicable to the Customer’s purchase is the one in effect on the day of the conclusion of the contract.
The Customer acknowledges that he/she has the necessary capacity to contract and acquire the Services offered on the website www.domainedebiar.com.
Article 3 – Orders
The Customer selects on the website the Services he/she wishes to order, according to the following modalities: by making a reservation on the website www.domainedebiar.com, choosing the dates of stay, the number of people to be accommodated, and the desired type of room. Additional services, such as breakfast, spa treatments, equine mediation, etc., can be reserved as options.
The pre-contractual information is presented in French and is confirmed no later than at the time of order validation by the Customer.
The registration of an order on the Seller’s website is made when the Customer accepts these General Sales Conditions by checking the box provided for this purpose and validates his/her order.
The Customer has the option to check the details of his/her order, the total price, and correct any errors before confirming his/her acceptance (Article 1127-2 of the Civil Code).
This validation implies acceptance of these General Sales Conditions in their entirety and constitutes proof of the sales contract.
It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.
The sale of Services will be considered final only after the Seller sends the Customer confirmation of the acceptance of the order by email and after the full payment of the deposit has been received.
Any order placed on the website www.domainedebiar.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
For services requiring the establishment of a preliminary estimate, the sale of Services will be considered final only after:
- Preparation of an estimate by the Provider and sending the Customer confirmation of the acceptance of the order by email. The estimates prepared by the provider are valid for a duration of FIVE (5) days;
- Validation of the estimate and any other possible terms of service provision by the Customer by email;
The order is considered final by the Service Provider only after a pre-authorization deposit has been made on the customer’s credit card for the total amount of the order. This deposit cannot be considered as a down payment.
Any modifications to the order by the Client can only be accommodated by the Seller within their capabilities and provided they are notified by email to the Seller at least SEVEN (7) days before the scheduled date of service delivery. If applicable, these modifications will result in a new quote and price adjustment.
In the event that these modifications cannot be accepted by the Seller, any amounts paid by the Client will be refunded within a maximum period of FIFTEEN (15) days from the Seller’s notification of the impossibility to accept the modifications (unless the Client prefers to receive a credit).
Orders can be canceled by the Client outside the exercise of the right of withdrawal or in case of force majeure at least SEVEN (7) days before the scheduled date for the provision of services, at no cost to the Client. The amounts paid by the Client will be refunded within a maximum period of FIFTEEN (15) days from the date of cancellation. The date of receipt – Paris time – of the cancellation request (by email, postal mail, telephone) is considered the date of cancellation.
In the event of cancellation of the order by the Client after its acceptance by the Seller less than SEVEN (7) days before the scheduled date for the provision of the ordered services, for any reason other than force majeure, the deposit paid upon order, as defined in the “Payment Terms” article of these General Terms and Conditions of Sale, will be automatically acquired by the Seller and will not be subject to any refund.
In the event of early termination of the stay by the client, the full agreed price will be charged. In the case of a reservation with prepayment, no refund will be granted as a result.
Article 4 – Rates
The Services offered by the Seller are provided at the current rates, as shown on the website www.domainedebiar.com and according to the quote established by the Seller at the time of the order registration by the Seller. The prices are stated in Euros, excluding and including VAT.
The prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date.
The prices indicated only include the services specifically mentioned in the reservation. The price mentioned in the reservation is increased by the price of any additional services provided by the hotel during the stay and, if applicable, by the tourist tax.
The rates take into account any discounts that may be granted by the Seller under the conditions specified on the website www.domainedebiar.com
These rates are firm and non-revisable during their period of validity, as indicated on the website www.domainedebiar.com, with the Seller reserving the right to modify the prices at any time outside this validity period. Only the price indicated in the reservation confirmation by the Company is contractual.
They do not include processing and management fees, which are billed separately, as indicated on the website www.domainedebiar.com and calculated before placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Client upon provision of the ordered Services.
Any price reduction announcement must indicate the price practiced by the Service Provider before the application of the price reduction, with the previous price defined as the lowest price practiced by the Service Provider with regard to all clients during the thirty days preceding the application of the price reduction.
Article 5 – Payment Terms
The Services offered by the Seller are provided to the Client in exchange for a price.
Any amount paid in advance on the price shall bear interest at the legal rate upon expiration of a period of three months from the date of payment until the date of provision of the service (Art. L.214-2 of the Consumer Code).
A deposit corresponding to 100% of the total price of the ordered Services is required when placing the order by the Client. This deposit cannot be considered as a down payment.
The balance of the price is payable in cash on the day of the provision of said Services, under the conditions defined in the “Provision of Services” article below, by secure payment, according to the following methods:
• By credit cards: CB, Visa, Mastercard, American Express, or other credit cards;
• By bank transfer;
• In cash in Euros;
Payment by credit card is irrevocable.
Payment data is exchanged in encrypted mode using the PCI DSS (Payment Card Industry Data Security Standard) protocol.
Payments made by the Client will only be considered final upon effective collection of the amounts due by the Seller.
In case of late payment and non-payment of the amounts due by the Client beyond the above-mentioned deadlines, and after the payment date indicated on the invoice sent to the Client, late payment penalties calculated at the legal interest rate in force plus 10% of the VAT-inclusive amount of the price for the provision of the Services will be automatically and by operation of law acquired by the Seller, without any formalities or prior notice.
In addition, any late payment will automatically result in the application of a flat-rate indemnity of FORTY (40) euros, without prejudice to late payment penalties. The late payment will make the entire amount due by the Client immediately payable, without prejudice to any other action that the Seller may be entitled to take against the Client in this respect.
Furthermore, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the provision of the Services ordered by the Client and/or to suspend the performance of its obligations. No additional fees, higher than the costs incurred by the Seller for the use of a means of payment, may be charged to the Client.
Article 6 – Provision of Services
The Services ordered by the Client, which include accommodation, catering, events, beauty treatments from the SPA, as well as additional sports activities – non-exhaustive – offered as a supplement and upon request, will be provided no later than on-site on the day of the Client’s arrival, under the conditions specified in these General Terms and Conditions of Sale.
The Seller undertakes to make its best efforts to provide the Services ordered by the Client within a reasonable time frame, but these deadlines are provided for information purposes only.
If the ordered Services have not been provided within a period of FORTY-EIGHT hours (48h) after the above-mentioned indicative date, for any reason other than force majeure or the fault of the Client, the Client may notify the Seller, under the conditions provided for in Article L.216-6 of the Consumer Code:
• Either suspend the payment of all or part of the price until the Seller fulfills its obligations, under the conditions of Articles 1219 and 1220 of the Civil Code (exception of non-performance);
• Or terminate the sale, after having given the Seller formal notice to fulfill its obligations within a reasonable additional period that has not been respected by the Seller.
Termination may be immediate if the Seller refuses to perform or if it is evident that the Seller will not be able to provide the Services, or if the non-compliance with the deadline constituted an essential condition of the sale for the Client.
In the event of termination of the sale, the amounts paid by the Client will be refunded to the Client no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding, without prejudice to any possible award of damages to the benefit of the Client.
In the absence of reservations or claims expressly made by the Client upon receipt of the Services, they shall be deemed to be in accordance with the order, in terms of quantity and quality.
The Client shall have a period of 48 hours from the provision of the Services to make such reservations or claims in writing, along with all supporting documents, to the Seller.
It is noted that the absence of reservations made by the Client upon delivery of the Products does not exempt the Seller from the warranty of conformity, as described below.
Unless expressly stated otherwise, the client must vacate the room by 12:00 noon on the day the reservation ends. Failure to do so will result in an additional night being charged.
Article 7 – Termination of the Contract
It is recalled that, in accordance with legal provisions, termination of the contract by electronic means is possible when the contract has been concluded electronically or when, on the day of termination, the Seller offers Clients the possibility of concluding contracts electronically.
To this end, a free functionality is made available to the Client, allowing them to carry out, electronically, the notification and all necessary steps for the termination of the contract, which the Seller must acknowledge receipt of by informing the Client, on a durable medium and within a reasonable time, of the date on which the contract ends and the effects of termination.
Article 8 – Right of Withdrawal
In accordance with the provisions of Article L 121-21-8 of the Consumer Code, the services offered on the Website by the Company are not subject to the right of withdrawal provided for in Articles L. 121-21 and following of the Consumer Code regarding distance sales.
Therefore, the services ordered on the Website are exclusively subject to the cancellation and modification conditions provided for in these General Terms and Conditions of Sale, and the Client cannot invoke the right of withdrawal.
Article 9 – Seller’s Liability – Guarantees
The Services offered for sale by the Seller comply with the regulations in force in France and have performance compatible with non-professional use.
The Client is entitled, at no additional cost, to the legal guarantee of conformity and the legal guarantee against hidden defects.
9.1. Legal Guarantee of Conformity
The Seller guarantees, in accordance with legal provisions and at no additional cost, the Client against any lack of conformity of the ordered Services.
The Services provided through the website www.domainedebiar.com by the Seller comply with the regulations in force in France. The Seller’s liability cannot be engaged in case of non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Client, who is solely responsible for choosing the requested Services, to verify.
In the event of non-compliance, the Client may demand the conformity of the defective Services, the free provision of a new conforming Service, or, failing that, a price reduction or the termination of the sale, under the legal conditions.
The Client may also suspend the payment of all or part of the price or the granting of the benefit provided for in the contract until the Seller has fulfilled its obligations under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.
It is also the responsibility of the Client to request from the Seller the conformity of the defective Services or the free provision of a new conforming Service. The conformity of the defective Service shall be carried out within a period not exceeding thirty days following the Client’s request.
If the requested conformity is impossible or entails disproportionate costs, as provided for in Article L.217-12 of the Consumer Code, the Seller may refuse it. If the conditions provided for in Article L.217-12 of the Consumer Code are not met, the Client may, after formal notice, enforce the initial solution initially requested, in accordance with Articles 1221 and following of the Civil Code.
The Client may also demand a price reduction or the termination of the sale (unless the lack of conformity is minor) in the cases provided for in Article L.217-14 of the Consumer Code.
When the lack of conformity is so serious that it justifies a price reduction or immediate termination of the sale, the Client is not required to first request the conformity of the defective Services or the free provision of a new conforming Service.
The price reduction is proportional to the difference between the value of the provided Service and the value that the Service would have had in the absence of the lack of conformity.
In the event of termination of the sale, the Client shall be reimbursed the price paid no later than fourteen days following, using the same means of payment as the one used by the Client for payment, unless expressly agreed otherwise by the Client, and in any case without any additional costs.
The above provisions are without prejudice to any possible award of damages to the Client for the prejudice suffered as a result of the lack of conformity.
9.2. Legal Guarantee against Hidden Defects
The Seller is liable for hidden defects under the legal guarantee against hidden defects arising from a defect in the design or implementation of the ordered Services.
The Client may choose to implement the warranty against hidden defects of the Services in accordance with Article 1641 of the Civil Code. In this case, the Client may choose between terminating the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
9.3. Exclusion of Guarantees
The Seller cannot be considered liable or in default for any delay or non-performance resulting from:
• The occurrence of a force majeure event; Force majeure refers to any event that is not related to the parties and that is both unpredictable and insurmountable, which prevents either the client or the hotelier from performing all or part of the obligations contained in the contract. It is expressly agreed that the force majeure situation suspends the performance by the parties of their reciprocal obligations, and each party shall be required to pay the resulting costs.
• Non-compliance with the legislation of the country in which the Services are provided, which the Client must verify before placing an order;
• Misuse or professional use.
Article 10 – Protection of Personal Data
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Client are necessary for the processing of their order and the issuance of invoices, in particular.
This data may be communicated to the Seller’s potential partners responsible for the execution, processing, management, and payment of orders.
The processing of the information communicated through the website www.domainedebiar.com complies with the legal requirements regarding the protection of personal data. The information system used ensures optimal protection of this data, including compliance with the General Data Protection Regulation (GDPR) and any other applicable legislative or regulatory provisions.
In accordance with current national and European regulations, the Client has a permanent right of access, modification, rectification, opposition, portability, and limitation of the processing concerning their information. This right can be exercised under the conditions and according to the procedures defined on the website www.domainedebiar.com.
If the Client becomes aware of a violation of the general regulation on the protection of personal data, they have the option to authorize an association or organization mentioned in Article 43 ter IV of the French Data Protection Act of 1978 to seek redress against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Civil Liberties (CNIL).
Article 11 – Intellectual Property
The content of the website www.domainedebiar.com is the property of the Seller and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
Article 12 – Unforeseen Circumstances
In the event of unforeseen circumstances at the time of the contract’s conclusion, in accordance with the provisions of Article 1195 of the French Civil Code, the Party that has not accepted to bear a disproportionately onerous performance may request a renegotiation of the contract with its co-contractor.
Article 13 – Force Majeure
The Parties shall not be held liable if the non-performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the French Civil Code, or exceptional health or climatic events beyond the Parties’ control. It is expressly agreed that force majeure suspends the performance of their reciprocal obligations for the parties, and each party shall bear the resulting costs.
Article 14 – Applicable Law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
They are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 15 – Disputes
Any disputes arising from the purchase and sale transactions conducted in accordance with these General Terms and Conditions of Sale, regarding their validity, interpretation, performance, termination, consequences, and aftermath, and which could not be resolved amicably between the Seller and the Client, shall be submitted to the competent courts in accordance with common law.
The Client is informed that they can use conventional mediation, in particular with the Consumer Mediation Commission (Article L.612-1 of the Consumer Code) or with existing sectoral mediation bodies, or any alternative dispute resolution method (e.g., conciliation) in the event of a dispute.
The contact details and procedures for contacting the mediator are as follows:
• Le Centre de Médiation
14, Rue Marcel de Serres
34 961 MONTPELLIER CEDEX
Tel: Secretariat 04.23.10.22.98
If the dispute must be brought before the courts, it is recalled that pursuant to Article L.141-5 of the French Consumer Code, the consumer may choose to bring the action before the court having jurisdiction over their place of residence at the time of the conclusion of the contract or the occurrence of the harmful event.
It is also noted that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an online dispute resolution platform facilitating independent out-of-court settlement of disputes between consumers and professionals in the European Union.
Article 16 – Pre-contractual Information – Client’s Acceptance
The Client acknowledges having been informed, prior to placing their order and concluding the sale, by the Seller, in a clear and understandable manner, through the provision of these General Terms and Conditions of Sale and in accordance with the provisions of Article L.221-5 of the French Consumer Code, of:
• The essential characteristics of the Services, considering the communication medium used and the relevant Service;
• The price of the Services and any additional fees or, in the absence of payment of a price, any benefit provided in lieu of payment and the nature of that benefit;
• The terms of payment, supply, and performance of the contract;
• In the event of non-immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the ordered Services;
• The Seller’s identity, postal, telephone, and electronic contact details, and activities, if they are not apparent from the context;
• The legal and contractual guarantees and their terms of implementation;
• The right of withdrawal (existence, conditions, deadline, and procedures for exercising this right and the standard withdrawal form), termination procedures, and other important contractual conditions, and, where applicable, the costs of using distance communication techniques, the existence of codes of good conduct, and financial guarantees;
• The possibility of using conventional mediation in the event of a dispute.
By placing an order on the website www.domainedebiar.com, the Client acknowledges and fully accepts these General Terms and Conditions of Sale and is obligated to pay for the ordered Services. This is expressly acknowledged by the Client, who waives the right to rely on any contradictory document that would be unenforceable against the Seller.
Article 17 – Liability
The Company disclaims all liability in the event of theft, loss, or damage to objects belonging to clients during their stay.
The Client shall be held responsible for any damage, deterioration, or act of vandalism that may occur due to the occupation of the premises and/or due to the act or fault of the participants and/or the personnel for which the Client is responsible, whether or not they belong to the hotel. Consequently, the Company is fully entitled to request that the Client leave the hotel without compensation and without refund of the ongoing stay and to reimburse the damages caused by these acts.
In the online sales process, the Company is only bound by an obligation of best efforts. It cannot be held liable for damages resulting from the use of the Internet network, such as data loss, intrusion, virus, service interruption, or any other related and involuntary problems.