These Booking Terms and Conditions (the “Booking Terms”) are exclusively applicable to bookings made with a emeis Group facility, via one of the channels provided by the latter to present Offers to Guests and allow them to make Bookings. They do not, on any account, apply to bookings or enquiries made directly with a emeis Group facility.
These Booking Terms are issued by the emeis Group (“emeis“), registered in the Nanterre Trade and Companies Register under SIREN number 401 251 566, whose registered office is located at 12 rue Jean Jaurès CS 10032, 92813 Puteaux Cedex..
Relax by emeis may be contacted by email at info@orpearelax.com.
1. DEFINITIONS
The capitalised terms and phrases, whether they are used in the singular or plural, shall have the meaning indicated either when they are first used or the meaning ascribed to them below:
Relax by emeis
Relax by emeis is the summary of short stay offer in various of the facilities owned or operated by the emeis Group or its subsidiaries. emeis Group is registered with the RCS of Puteaux under the SIREN number 401 251 566, whose registered office is located at 12 rue Jean Jaurès CS 10032, 92813 Puteaux Cedex.
Booking Terms and Conditions or Booking Terms
Means these Booking Terms and Conditions.
Guest(s) Means any natural or legal person making one or more Bookings.
Open Comments Space
Means the section on the Website in which the Guest can provide the emeis Group facility with any special information about their stay when making a Booking
Host emeis Group facility(s) Any Nursing home, clinic, or assisted living facility owned or in the financial perimeter of the emeis Group or its local subsidiaries whose Offers are presented on the Website or by Telephone.
Offer(s) Means the offer made by the emeis Group facility to the Guest to provide the Facilities and Guest Services under the terms and conditions defined by the emeis Group facility and presented on the Website or by Telephone.
Facilities and Guest Services
Means the emeis Group facility and/or restaurant facilities and services and, where applicable, any extras offered at the time of the Booking (including, but not limited to, wellness, beauty salon, balneotherapy, etc.) provided by the emeis Group facilities.
Booking(s) Means the Guest’s acceptance of the Offer according to the terms and conditions agreed between the Guest and the emeis Group facility during the booking process completed on the Website or by Telephone.
emeis Service(s) Means the service(s) provided by emeis to the Guest as defined in Article 3.
Website Means the website of Relax by emeis, accessible at: www.orpearelax.com, on which the Offers available for Booking(s) are presented.
Telephone Is a means by which Bookings can be made with emeis. In this case, the Booking Terms and Conditions are available online on the Website.
2. APPLICATION OF THE BOOKING TERMS
The supply of the emeis Service to the Guest is governed by these Booking Terms which form the entire agreement between the Guest and emeis.
The Booking Terms are brought to the attention of the Guest before the Booking is finalised.
Furthermore, the Guest may access these Booking Terms, at any time, at the following address: https://orpearelax.com and may download and/or print them and keep them on a durable medium.
The Booking Terms shall be sent by post, email or fax to any Guest on request.
The applicable Booking Terms are those in force on the date of finalising the Booking.
No specific condition may prevail over the Booking Terms, unless formally accepted in writing by emeis. Therefore, absent express acceptance, any contradicting condition raised by the Guest shall be unenforceable against emeis, irrespective of when it is brought to its attention.
Any forbearance by emeis in availing itself at any time of any provision of these Booking Terms shall not be construed as a waiver of the right to subsequently avail itself of any of these provisions.
When making a Booking on the Website, by ticking the box accepting these Booking Terms, the Guest acknowledges having read and unconditionally accepts all the Booking Terms.
The Booking Terms apply to the emeis Service as soon as they are accepted by the Guest when making the Booking and until the end of their contractual relationship with the emeis Group facility for said Booking.
Within the framework of the emeis Service, emeis acts as an intermediary between the Guest and the emeis Group facility. Under no circumstances does it act as supplier of the Facilities and Guest Services offered on the Website and by Telephone, which are provided exclusively by each of the emeis Group facilitys in the manner agreed by the latter with the Guest. The Guest therefore becomes the legal co-contracting party of the emeis Group facility. The terms and conditions of sale specific to each emeis Group facility are accessible when making the Booking before the Guest confirms their Booking. The Guest acknowledges that emeis is not in any way involved in defining those specific terms and conditions.
3. PURPOSE OF THE BOOKING TERMS
These Booking Terms define the terms and conditions under which emeis, as intermediary between the emeis Group facilities and the Guest, provides the emeis Service and particularly:
- Presents the emeis Group facilities’ Offers;
- Receives Bookings from Guests;
- After the Booking, sends all the information for the Booking, as entered online, to the emeis Group facility, for and on behalf of the Guest;
- Also sends the Guest by email, for and on behalf of the emeis Group facility, the Booking confirmation listing the main characteristics and conditions of the Booking and the information relative to the Facilities and Guest Services.
4. emeis GROUP FACILITY TERMS AND CONDITIONS OF BOOKING
4.1 Booking
The terms and conditions of the Facilities and Guest Services can be viewed on the Website and are reproduced during the Booking process. They are contained in the Booking confirmation sent to the Guest by email.
By finalizing the Booking, the Guest acknowledges having read:
- these Booking Terms;
- the emeis Group facility terms and conditions of Booking, defined exclusively by each emeis Group facility. These specific terms
and conditions defined by each emeis Group facility are available when making the Booking and are mentioned in the cancellation and warranty policy issued by the latter.
4.2 Payment, Rates, Exchange Rates & Cancellation
- Payment. The total amount of the Booking will be debited payable upon arrival in the host emeis Group facility. The displayed price on the Website includes all listed services. Any additional services requested by the guest on site will be subjected to complementary billing and payable at check out.
Guests are reminded that emeis Relax processes Bookings for and on behalf of the emeis Group facilities. Payment is collected by the host emeis Facility. Therefore, the Guest’s payment for the Booking is not collected by emeis Group but invoice and collected directly by the host emeis Group facility in question.
Accordingly, the Guest cannot obtain any refund of the amount of their Booking from emeis Group, for any reason whatsoever, and should exercise any right they have in this respect directly with the host emeis Group facility.
- Rates. The rates indicated in the emeis Group Facilities’ Offers apply to a type of room and may vary from one emeis Group facility to another or even within a same emeis Group facility.
- Exchange Rates. When making Bookings on the Website, the prices are displayed in the EURO, which may differ from the currency used by the host emeis Group facility. However, the Guest must pay the price to the host emeis Group facility in the local currency or in the currency chosen by the host emeis Group facility for its sales, and the Booking confirmation will include the amount in this same currency.
When Booking by Telephone, the price will be indicated to the Guest in the host emeis Group facility’s currency. The Guest must pay the price to the emeis Group facility in the local currency and the Booking confirmation will contain the amount in this same currency.
The price in local currency is firm and final at the time of the Booking confirmation. However, when the Booking is confirmed, the exchange rate may vary. Therefore, the exchange rate applied to the price of the Booking is the rate applicable at the time of payment to the host emeis Group facility. Payment is therefore subject to exchange rate fluctuations. Additional fees and/or commission may be payable due to this exchange rate fluctuation. These fees and/or commissions do not depend upon emeis and remain entirely payable by the Guest, who is encouraged to enquire about these aspects locally.
If the price of the Booking is refunded by the host emeis Group facility, the applicable exchange rate will be the rate applicable on the date of the refund and it may therefore differ from the exchange rate applied at the time of the initial payment. Any difference due to the fluctuation shall not give rise to any refund to the Guest who shall bear the entire cost alone.
When payment is made by bankcard, the amount of taxes and the exchange rate may vary during the period between the Booking and the actual stay. Foreign exchange fees and/or commission for the payment in foreign currency may be applied by the issuer of the Guest’s bankcard. The Guest alone will bear the cost thereof, and is therefore encouraged to enquire about these aspects.
- Cancellation. Depending on the conditions contained in the Offer, the Booking made by the Guest may take the form of a cancellable Booking with or without fees or a firm Booking which permanently binds the Guest to pay the amount due for the Facilities and Guest Services.
4.3 Minimum number of nights
Certain emeis Group facilities impose a minimum length of stay to be able to make a Booking.
Where applicable, this minimum stay is indicated on the emeis Group facility’s page when selecting dates or given to the Guest by Telephone.
4.4 Guest’s comments when making the Booking
When making a Booking, the Guest is provided with an Open Comments Space in which they may communicate any additional information to the emeis Group facility.
If the Guest does not finalize the Booking, this information will not be saved.
The Guest is informed that any additional information given in the Open Comments Space may not be a material condition of the contract. The Open Comments Space is only made available to the Guest in order to provide the emeis Group facility with additional information which the emeis Group facility will endeavour to take into account. Accordingly, if the emeis Group facility does not reply, the Guest should consider that the emeis Group facility was not able to take the comments entered in the Open Comments Space into account.
If the Guest wishes to add a material condition to their contract with the emeis Group facility, they should contact the emeis Group facility directly.
The Guest agrees to use the Open Comments Space for lawful purposes. They shall refrain from any behaviour that could be considered unethical or contrary to the values and interests promoted by emeis. Therefore, the Guest agrees, in particular, not to publish any content that is unlawful, harmful, injurious, racist, inciting to hatred, negationist, contrary to good morals, invades privacy or interferes with the private rights of third parties, particularly the image rights of persons and property, intellectual property rights or respect for private life. The Guest also undertakes not to steal the identity and/or to publish any personal data of a third party.
emeis disclaims all liability for any comments that may be made by the Guest in the Open Comments Space, which the Guest acknowledges by accepting these Terms.
If the Guest provides any sensitive data, within the meaning of personal data regulations, in the Open Comments Space, emeis shall process these data in accordance with said regulations. The guest should refrain from providing health data in the open space comment section. The Guest will find useful information concerning their personal data processing in the privacy policy
5. LIABILITY
Guests are reminded that emeis is only liable for the emeis Service specified in Article 3 of these Booking Terms, i.e. mainly the presentation of Offers and the transfer of Bookings to emeis Group facilities.
Guests are reminded that emeis is only responsible for the Service related to housing and catering at the host facility. emeis utilizes local SERVICE PARTNERS to carry out the activities occurring outside of the facility.
Consequently, emeis shall not be held liable to the Client in the event of a breach by SERVICE PARTNERS in the execution of the Service(s) and in particular in the event of Non-performance by the SERVICE PARTNERS of its obligations arising from the Services that are the subject of the Reservation, particularly, but not exclusively, in the event of the SERVICE PARTNERS’ disappearance due to bankruptcy, total or partial destruction that no longer allows it to perform its obligations (as a result of damage, fire, etc.) The erroneous nature of the information provided by the SERVICE PARTNERS concerning the Services they offer and published on the Site or communicated by telephone (in particular, but not limited to, the description of the Services, availability, cancellation conditions, photographs, prices, etc.); the lack of quality of the Services provided by the SERVICE PARTNERS to the Guest; damage of any kind suffered by the Guest in the course of the performance of a Service. The SERVICE PARTNERS assumes full and exclusive liability in tort or under contract to the Guest for the performance of the Services. In the event of a failure on the part of a SERVICE PARTNERS in the performance of its Services, only the defaulting SERVICE PARTNERS may be the subject of a liability action brought by the Guest.
In case of non-availability of the promoted SERVICE PARTNERS activity, emeis reserves the right to replace the partner with an equivalent service provided to the Guest.
Consequently, emeis shall not incur any liability to the Guest for any failing by the PARTNER in providing the Guest Services and particularly in the event of:
- Any non-performance or breach by the SERVICE PARTNERS of its obligations arising in respect of the Guest Services for which the Booking is made, including, but not limited to, in the event of the SERVICE PARTNERS disappearance as a result of bankruptcy, or total or partial destruction preventing it from fulfilling its obligations (further to damage or fire, etc.);
- Any erroneous information provided by SERVICE PARTNERS concerning the Guest Services they offer, (including, but not limited to, the description of the Guest Services, availabilities, terms of cancellation, photographs, prices, etc.);
- Any quality defect associated with the Guest Services provided by SERVICE PARTNERS to the Guest; any form of damage suffered by the Guest in connection with the Guest Services provided.
The SERVICE PARTNERS shall assume full liability in tort and contract to the Guest for the supply of the Guest Services. In the event of any failure by a SERVICE PARTNERS in the supply of its Guest Services, the Guest may only bring an action in liability against the defaulting SERVICE PARTNERS.
6. FORCE MAJEURE
Neither emeis nor the Guest may be held liable for any failure to fulfil any contractual obligation where such failure is caused by the occurrence of a force majeure event. Force majeure events shall include, in addition to those ordinarily recognized by the case law of French courts, problems caused by disruptions or interruptions in the supply or operation of telecommunications means provided by networks’ operators, any inadequate transfer caused by telecommunications networks and internet, intranet and extranet networks, natural events (lightning, fire, flooding, earthquakes, etc.), acts of war, riots, attacks, epidemics or pandemics, and labor disputes affecting service providers or suppliers of the emeis Group facilities.
The occurrence of a force majeure event shall relieve the debtor of the obligations affected by such an event but only of such obligations, which shall be suspended by operation of law until the effects of the force majeure event have ceased. All the other contractual obligations shall continue to be performed in accordance with the Booking Terms.
7. NO RIGHT OF WITHDRAWAL
As the emeis Service is performed from the time a Booking is made and therefore before the withdrawal period, the Guest expressly agrees to waive their right of withdrawal in accordance with the provisions of Article L.221- 28 1° of the French Consumer Code.
8. DATA PROTECTION
The Guest will find all the information concerning the processing of their personal data in the emeis Privacy Policy
9. GOVERNING LAW AND JURISDICTION
Except where a public policy statute applies (which shall only apply within the strict limits of its purpose), it is expressly stipulated that these Booking Terms are governed by the laws of France and that the courts in Paris shall have jurisdiction to hear any dispute arising between the Guest and emeis in connection with these Booking Terms.
10. GENERAL PROVISIONS
Should any clause of these Booking Terms be held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Booking Terms shall not be affected. In this case, the clause considered invalid or unlawful shall be modified by the court to which its validity is referred and construed so as to give effect to it in a manner as similar as possible to the invalid or unlawful provision, to the extent permitted by law.
Unless otherwise notified, no forbearance or delay by emeis in exercising its rights under these Booking Terms shall be deemed a waiver of such rights.
The Guest and emeis Group recognize the validity and probative force of letters sent by post, emails, text messages, electronic signatures and scanned documents exchanged between them within the framework hereof.
If the Terms are translated into any other languages and in the event of a discrepancy between the English version and the translations, the English version shall prevail.
