Conditions of sale

Article 1 – Designation of the Service Provider

DOMAINE DE BIAR, a simplified joint stock company with capital of 1,000 euros, whose registered
office is located at 251, Avenue du Golf – Bâtiment Marbella – 34 670 BAILLARGUES, listed in the
Montpellier Register of Companies (Registre du Commerce et des Sociétés) under number 821 375 748
R.C.S MONTPELLIER.
Telephone: +33 (0)4.67.65.70.06
E-mail: contact@domainedebiar.com
Website: www.domainedebiar.com

Article 2 – Scope of the General Terms and Conditions of Sale:

These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases
of accommodation, catering, seminar, event and spa services and related sporting activities (“The
Services”) offered by DOMAINE DE BIAR (“The Vendor”) to consumers and non-business customers1
(“The Customer” or “Customers”) (Vendor and Customer being referred to individually as “The Party”
and jointly as “The Parties” on the website: www.domainedebiar.com
In particular, they set out the conditions for the use of the Vendor’s site, placing orders, payment and
supply of the Services ordered by Customers.
The main features of the Services, including all the main information required by the applicable
regulations, are presented on the website: www.domainedebiar.com
The Customer should read them before placing an order. The Customer is soleley responsible for the
choice and purchase of a Service.
The General Terms and Conditions of Sale are always submitted to all Customers prior to the
conclusion of a contract for the provision of Services and shall prevail, where applicable, over any other
version or any other contradictory document. They can be consulted at all times on the website:
www.domainedebiar.com
These general terms and conditions apply to the exclusion of all other conditions, in particular those
applicable to other channels for marketing the Services.
They may be supplemented by special conditions, set out on the website www.domainedebiar.com,
prior to any transaction with the Customer.
Unless proved otherwise, the data recorded in the Vendor’s IT system constitutes proof of all
transactions concluded with the Customer.
In accordance with the regulations in force, the Customer has the right to access, rectify, oppose,
delete and port all personal data at any time by writing, by post and providing proof of his identity, to:
1 Preliminary Article to the French Consumer Code.
2
– SAS DOMAINE DE BIAR
251, Avenue du Golf – Bâtiment Marbella
34 670 BAILLARGUES
The Customer confirms that he has read these General Terms and Conditions of Sale and has accepted
them by checking the appropriate box before placing an order online, as well as the general terms and
conditions of use of the www.domainedebiar.com website. Confirmation of the order for Services by
the Customer implies full and unreserved acceptance of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version
applicable to the Customer’s purchase is that in force on the day the contract is concluded.
The Customer acknowledges having the necessary capacity to contract and acquire the Services
offered on the website www.domainedebiar.com

Article 3 – Orders

Customers select the Services they wish to order online as follows: by booking on the
www.domainedebiar.com website, selecting the dates of the stay, the number of people requiring
accommodation and type of room required. Additional services, such as breakfast, spa treatments,
equine-assisted therapy, etc., can be booked as optional extras.
Pre-contractual information is given in French and is confirmed at the latest when the order is validated
by the Customer.
Orders are registered on the Vendor’s site when the Customer accepts the present General Terms and
Conditions of Sale by checking the appropriate box and validates the order. The Customer may check
the details of the order, its total price and correct any errors before confirming his acceptance (Article
1127-2 of the French Civil Code).
This validation implies acceptance in full of these General Terms and Conditions of Sale and constitutes
proof of the sales contract.
The Customer is responsible for checking the accuracy of the order and to immediately report any
errors.
The sale of Services shall only be considered definitive once the Vendor has sent the Customer
confirmation of acceptance of the order by e-mail, and after validation of the pre-authorisation charge,
constituting a security deposit, which is made at the date of the cancellation deadline on the
Customer’s bank card for the total amount of the order.
Any order placed on the www.domainedebiar.com website constitutes a contract entered into
remotely by the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a
dispute relating to the payment of a previous order.
For services for which a quote has been drawn up in advance, the sale of Services shall only be
considered final after:

– The Service Provider submits a quote and sends the Customer confirmation of acceptance of
the order by e-mail. Quotes issued by the service provider are valid for FIVE (5) days;
– Validation of the quote and any other terms and conditions for the provision of Services by the
Customer by e-mail.

Under no circumstances may this deposit be considered as a down payment.
Any modifications or cancellations of the order by the Customer shall only be taken into account by
the Vendor as far as its capabilities permit and if they are notified to the Vendor by e-mail.
This deadline for cancellations or modifications will depend on the length of the stay booked.
For short stays, i.e. up to four consecutive nights, any modification or cancellation can be made up to
48 hours before the arrival date selected by the Customer.
For longer stays, i.e. 5 consecutive nights or more, any modification or cancellation can be made up to
10 days before the arrival date selected by the Customer.
For group bookings, i.e. for FIVE (5) rooms or more, a non-cancellable, non-refundable deposit of 50%
of the total amount shall be required.
Where applicable, these modifications shall give rise to a new quote and a price adjustment.
If the Vendor cannot accept these modifications, the sums paid by the Customer shall be refunded
within a maximum period of FOURTEEN (14) days from date the Vendor notifies the impossibility of
accepting the modifications (unless the Customer prefers to get a credit note).
The date of receipt – Paris time – of the cancellation request (by e-mail, post or telephone) shall
constitute the effective cancellation date.
If the Customer cancels an order after it has been accepted by the Vendor under the terms and
conditions set out above, for any reason whatsoever other than force majeure, the deposit paid at the
time of order, as defined in the Article “Terms of payment” of these General Terms and Conditions of
Sale, shall be retained by the Vendor and may not give rise to any refund whatsoever.
If the Customer decides to end the stay early, the full agreed price for the whole duration of stay shall
be charged. In the case of pre-paid bookings, no refund will be granted.

Article 4 – Prices

The Services offered by the Vendor are provided at the prices in force, as shown on the website
www.domainedebiar.com and according to the quote issued by the Vendor, when the order is
registered by the Vendor. Prices are given in Euros, excluding VAT and including VAT.
Prices include VAT applicable at the date of the order; any change in the VAT rate shall be automatically
included in the prices indicated at the date of billing.
Prices shown include only those services specifically mentioned in the booking. The price indicated in
the booking shall be increased by the cost of additional services provided by the hotel at the time of
the stay and, where applicable, the tourist tax.

Prices take into account any discounts granted by the Vendor under the conditions specified on the
website: www.domainedebiar.com
These prices are firm and non-revisable during their period of validity, as indicated on the website
www.domainedebiar.com. Outside this validity period, the Vendor reserves the right to modify the
prices at any time. Only the price indicated in the Company’s booking confirmation is binding.
They do not include handling and administration charges, which are billed in addition under the
conditions indicated on the www.domainedebiar.com website and calculated before the order is
placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including
these charges.
An invoice is drawn up by the Vendor and submitted to the Customer when the Services ordered are
provided.
Any announcement of a discount must indicate the price charged by the Service Provider prior to the
application of the discount, this prior price being defined as the lowest price charged by the Service
Provider to all Customers during the last thirty days prior to the application of the discount.

Article 5 – Payment Conditions

The Services offered by the Vendor are provided to the Customer in return for an agreed price.
Any sum paid in advance of the price due shall bear interest at the legal rate on expiry of a period of
three months from the date of payment until the date on which the service is provided (Article L.214-
2 of the French Consumer Code).
For short stays, i.e. up to four (4) consecutive nights, a pre-authorisation charge for the total amount
of the order shall be made on the bank card provided by the Customer at the time of booking 48 hours
before the arrival date indicated by the Customer.
For long stays, i.e. five (5) consecutive nights or more, a pre-authorisation charge for the total amount
of the order shall be made on the bank card provided by the Customer at the time of booking 10 days
before the arrival date indicated by the Customer.
For group bookings, i.e. for FIVE (5) rooms or more, a non-cancellable and non-refundable deposit of
50% of the total amount of the order shall be required.
Under no circumstances may this deposit be considered as a down payment.
The balance for the payment is due on the day on which the said Services are provided, under the
conditions set out in the “Provision of Services” Article below, by secure payment, in accordance
with the following terms and conditions:

– By credit card: CB, Visa, MasterCard, American Express;
– By bank transfer;
– In cash in Euros.

Credit card payments are irrecoverable.
Payment data is exchanged in encrypted mode using the PCI DSS protocol (Payment Card Industry Data
Security Standard).

Payments made by the Customer shall not be considered final until the Vendor has effectively received
the sums due.
In the event of late payment and payment of the sums due by the Customer beyond the deadlines set
out above, and after the payment date shown on the invoice sent to the Customer, late payment
penalties calculated at the legal interest rate in force plus 10% of the amount inclusive of all taxes of
the price of the provision of the Services, shall be due ipso facto to the Vendor, without any formality
or prior formal notice.
Furthermore, any delay in payment shall automatically result in the application of a fixed penalty of
FORTY (40) euros, without prejudice to late payment penalties. Late payment shall result in a demand
for the immediate payment of all sums owed by the Customer, without prejudice to any other action
that the Vendor may be entitled to take against the Customer in this respect.
Furthermore, the Vendor reserves the right, in the event of non-compliance with the payment
conditions set out above, to suspend or cancel the supply of the Services ordered by the Customer
and/or to suspend the performance of its obligations.
The Customer may not be billed for any additional costs in excess of those borne by the Vendor for the
use of a means of payment.

Article 6 – Provision of services

The Services ordered by the Customer, which include accommodation, catering, events, beauty
treatments and spa services, as well as any additional sports activities (non-restrictive) offered in
addition and subject to a quote, shall be provided on site at the latest on the day of the Customer’s
arrival, under the conditions provided for in these General Terms and Conditions of Sale.
The Vendor undertakes to the best of its ability to provide the Services ordered by the Customer within
the framework of an obligation of means and within the deadlines provided for above. Nevertheless,
these deadlines are given for information only.
If the Services ordered have not been provided within a period of FORTY-EIGHT hours (48h) after the
indicative date specified above, for any reason other than force majeure or the act of the Customer,
the latter may notify the Vendor of the following, under the conditions provided for in Article L.216-
6 of the French Consumer Code:
– Either the suspension of payment of all or part of the price until the Seller performs, under the
conditions of Articles 1219 and 1220 of the Civil Code (defence of non-performance);
– Or the termination of the sale, after giving the Vendor formal notice to perform within a
reasonable additional period which has not been respected by the Vendor.
Termination may be immediate if the Vendor refuses to perform, or if it is clear that he will be unable
to provide the Services, or if the delay in performance was an essential condition of the sale for the
Customer.
If the sale is terminated, the sums paid by the Customer shall be returned at the latest within fourteen
(14) days of the date of termination of the contract, to the exclusion of any compensation or deduction,
without prejudice to the possible award of damages to the Customer.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the
Services, the latter are deemed to comply with the order, in terms of quantity and quality.
The Customer shall have a period of 48 hours from the provision of the Services in which to submit any
such reservations or complaints in writing to the Vendor, together with all the relevant supporting
documents.
It should be noted that any absence of reservations by the Customer at the time of delivery of the
Products does not exonerate the Vendor from the compliance guarantee as described below.
Unless otherwise expressly agreed, Customers must leave the room before 11.00 a.m. on the day the
stay ends. Otherwise, the customer shall be charged for an additional night’s stay.

Article 7 – Means for terminating the contract

It should be noted that, in accordance with legal provisions, the contract may be terminated
electronically if the contract has been concluded electronically or if, on the date of termination, the
Vendor offers Customers the possibility of concluding contracts electronically.
To this end, a free-of-charge function is made available to the Customer to enable the notification by
electronic means of all the steps necessary for the termination of the contract, receipt of which must
be acknowledged by the Vendor by informing the Customer, on a durable medium and within a
reasonable period of time, of the date on which the contract ends and the effects of the termination.

Article 8 – Right of withdrawal

Pursuant to the provisions of Article L 121-21-8 of the French Consumer Code, the services offered on
the Site by the Company are not subject to the application of the right of withdrawal provided for in
Articles L. 121-21 et seq. of the French Consumer Code concerning distance selling.
Consequently, the services ordered on the Site are subject exclusively to the cancellation and
modification conditions provided for in these General Terms and Conditions of Sale and the Customer
may not invoke the right of withdrawal.

Article 9 – Vendor’s Liability – Gurantees

The Services offered for sale by the Vendor comply with the regulations in force in France and their
performance is compatible with non-business use.
The Customer automatically enjoys the legal guarantee of conformity and the legal guarantee against
hidden defects, without additional payment.

9.1. Legal guarantee of conformity

The Vendor guarantees the Customer, in accordance with legal provisions and without additional
payment, against any lack of conformity in the Services ordered.

Services provided by means of the Vendor’s www.domainedebiar.com website comply with
regulations in force in France. The Vendor may not be held liable in the event of non-compliance with
the legislation of the country in which the Services are provided. The Customer, who is solely
responsible for the choice of Services requested, is responsible for checking such compliance.
In the event of non-conformity, the Customer may require the Vendor to (i) ensure the conformity of
the defective Services, (ii) provide a new compliant Service free of charge or, failing that, (iii) provide
a discount or terminate the sale in accordance with legal conditions in force.
The Customer may also suspend payment of all or part of the price or the remittance of the benefit
provided for in the contract until the Vendor has fulfilled its obligations under the legal guarantee of
conformity, as provided for in Articles 1219 and 1220 of the Civil Code.
It is also the Customer’s responsibility to ask the Vendor to correct the defective Services or to provide
a new compliant Service free of charge. The defective Service shall be brought into conformity within
a period not exceeding thirty days following the Customer’s request.
If conformity is impossible or entails disproportionate costs under the conditions provided for in Article
L.217-12 of the French Consumer Code, the Service Provider may refuse to comply. If the conditions
provided for in Article L.217-12 of the Consumer Code are not met, the Customer may, after issuing
formal notice, request compulsory performance in kind for the service initially requested, in
accordance with Articles 1221 et seq. of the Civil Code.
The Customer may also demand a discount or termination of the sale (unless the lack of conformity is
minor) in the cases provided for in Article L.217-14 of the French Consumer Code.
Where the lack of conformity is so serious that it justifies a discount or the immediate termination of
the sale, the Customer is not obliged to first request that the defective Services be made compliant or
that a new compliant Service be provided free of charge.
The discount shall be proportional to the difference between the value of the Service provided and the
value of this Service in the absence of the lack of conformity.
If the sale is terminated, the Customer shall be reimbursed for the price paid within fourteen (14) days
at the latest, using the same means of payment as that used by the Customer at the time of payment,
unless the Customer expressly agrees otherwise and, in any event, at no additional cost.
The foregoing provisions are without prejudice to the possible award of damages to the Customer for
any loss suffered as a result of the lack of conformity.

9.2. Legal guarantee against hidden defects

The Vendor is liable for hidden defects within the framework of the legal guarantee against hidden
defects resulting from a design or manufacturing defect in the Services ordered.
The Customer may decide to invoke the guarantee against hidden defects in the Services in accordance
with Article 1641 of the Civil Code. In this case, the Customer may opt for the termination of the sale
or a discount in accordance with Article 1644 of the Civil Code.

9.3. Guarantee exclusions
The Vendor may not be held liable or in default for any delay or non-performance resulting from the
following:

– A case of force majeure: force majeure being any event that is not due the actions of Parties
and that is both unforeseeable and insurmountable, which prevents either the Customer or
the hotelier from performing all or part of the obligations provided for in the contract. It is
expressly agreed that a situation of force majeure suspends the performance by the Parties of
their mutual obligations and that each Party shall be required to pay the resulting costs.
– Failure to comply with the legislation of the country in which the Services are delivered; it is
the Customer’s responsibility to check such compliance before placing the order;
– In the event of misuse or use for professional purposes.

Article 10 – Personal data protection

Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, provides that personal
data requested from the Customer is necessary for the processing of the order and, in particular, for
billing purposes.
These data may be submitted to any of the Vendor’s partners responsible for the performance,
processing, management and payment of orders.
The processing of data communicated via the www.domainedebiar.com website complies with legal
requirements relating to the protection of personal data, with the information system used ensuring
optimum protection of such data, and in particular the GDPR, as well as any other legislative or
regulatory provision in force, with the information system used ensuring optimum protection of such
data.
The methods for collating and processing personal data and the rights of Customers with regard to
such data can be consulted in the “Vendor’s Confidentiality Policy” section, which Customers must
consult and accept, in particular when placing their order.
In accordance with the national and European regulations in force, the Customer has the permanent
right to access, modify, rectify, oppose the portability and limit the processing of his/her personal data.
This right may be exercised in accordance with the terms and conditions set out on the
www.domainedebiar.com website.
If the Customer finds that there has been a breach of the General Data Protection (GDPR), he may
appoint an association or a body mentioned in Title IV of Article 43 (3) of the 1978 Data Protection Act,
in order to obtain compensation from the data controller or data processor before a civil or
administrative court or before the National Commission for Data Protection.

Article 11 – Intellectual property

The content of the www.domainedebiar.com website remains the property of the Vendor and its
partners and is protected under French and international intellectual property law.
Any full or partial reproduction of this content is strictly prohibited and may constitute an infringement
of copyright.

Article 12 – Unforseeability

If there is a change in circumstances that was unforeseeable at the time of conclusion of the contract,
in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to
assume the risk of excessively onerous performance may request the renegotiation of the contract
from its co-contracting Party.

Article 13 – Force majeure

The Parties shall not be liable if the non-performance of any of their obligations, as described herein,
is due to force majeure, within the meaning of Article 1218 of the French Civil Code, or to exceptional
health or climatic hazards beyond the control of the Parties. It is expressly agreed that force majeure
suspends the Parties’ duty to perform their mutual obligations and that each Party shall bear the costs
arising therefrom.

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 drafted in French. If they are translated into one or more foreign languages, only the French
text shall be deemed authentic in the event of a dispute.

Article 15 – Disputes

Any disputes arising from the purchase and sale transactions concluded in application of these General
Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination,
consequences and outcomes, and which cannot be settled amicably by the Vendor and the Customer,
shall be submitted to the competent courts under the conditions of common law.
Customers are informed that if a dispute arises, they may, in any event, engage in conventional
mediation, in particular with the French Consumer Ombudsman (Commission de la médiation de la
consommation) (Art. L.612-1 of the Consumer Code) or other existing mediation bodies, or to any
alternative dispute resolution method (e.g. conciliation).
Details on the procedures for referring a dispute to the Consumer Ombudsman can be obtained from:

– Le Centre de Médiation
14, Rue Marcel de Serres
CS 49503
34 961 MONTPELLIER CEDEX
Tel: +33 (0)6.12.98.01.01
Secretariat tel: +33 (0)4.23.10.22.98

If the dispute is brought before the courts, Article L.141-5 of the Consumer Code provides that the
consumer may choose to bring the dispute before the court with jurisdiction for the place where he or
she lived when the contract was concluded or when the damage occurred, in addition to one of the
courts with territorial jurisdiction under the Code of Civil Procedure.
It should also be noted that pursuant to Article 14 of Regulation (EU) No. 254/2013, the European
Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-
court settlement of online disputes between consumers and businesses in the European Union.

Article 16 – Pre-contractual information – Customer acceptance

Before placing an order and concluding the sale, the Customer acknowledges having been informed
by the Vendor, in a legible and comprehensible manner, by means of these General Terms and
Conditions and in accordance with the provisions of Article L.221-5 of the French Consumer Code, of
the following:

– The essential aspects of the Services, taking into account the communication medium used
and the Service concerned;
– The price of the Services and any additional costs or, in the absence of payment of a price, any
benefit provided instead of or in addition to the price and the nature of this benefit;
– The terms of payment, provision and performance of the contract;
– In the absence of immediate performance of the contract, the date on which or the period
within which the Service Provider undertakes to provide the Services ordered;
– The identity of the Vendor, its postal, telephone and electronic contact details, and its business
activities, if these are not evident from the context;
– The legal and contractual guarantees and how they apply;
– The right of withdrawal (its existence, conditions, time limit, procedures for exercising this
right and standard withdrawal form), termination procedures and other important contractual
conditions and, where applicable, the costs of using means of distance communication, the
existence of codes of good conduct and deposits and financial guarantees;
– On the possibility of engaging in conventional mediation in the event of a dispute.
The fact that the Customer places an order on the www.domainedebiar.com website implies full and
unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the
Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right
to use any contradictory document that would be unenforceable against the Vendor.

Article 17 – Liability

The Company declines all responsibility for the theft, loss or damage to objects belonging to customers
during their stay.
The Customer shall be liable for any damage, deterioration or act of vandalism that may occur as a
result of the occupation of the premises and/or as a result of the act or fault of the participants and/or
employees for whom the Customer is responsible, to movable property, decorations and immovable
property, whether or not it belongs to the hotel. Consequently, the Company is fully entitled to ask the
Client to leave the hotel without compensation and without reimbursement for the stay in progress,
and to reimburse any damage caused by these acts.
For the online sales procedure, the Company is only bound by a “best efforts” obligation. It shall not
be liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, virus,
interruption of service or any other related and involuntary issues.