General Conditions of Sale
General Conditions of Sale1. Introduction
Our conditions of sale refer to the decrees taken in application of the Tunisian Law fixing the conditions for the exercise of the activities relating to the organization and the sale of holidays. Registration for one of our stays implies full acceptance of our conditions of sale, that the customer will have consulted beforehand, as well as all the terms of the proposal. Any derogation for the benefit of the customer will not bring any alteration to these conditions. The total or partial invalidity of any clause of the General Conditions does not invalidate the other provisions.
Our conditions of sale are available on our website. They can also be obtained by a simple request addressed to the registered office of the company. Please read them carefully before making a reservation through our website.
2. Prior information
Before the conclusion of the reservation contract you will find, on the website, all the information about the price, dates and constituent elements of the stay such as: location of the hotel, category of the hotel, level of comfort, main characteristics, classification according to the local criteria of the country, price of the stay, cancellation conditions etc
As the website is updated daily, changes may have occurred before your reservation, updated as and when in our computer system. After consulting the description, the Accommodation Voucher is considered to be the only contractual element of the reservation. Your acceptance of the price on the Accommodation Voucher as well as the description of the chosen hotel is considered the definitive conclusion of the contract.
3. Validity of the Offer
Our offers are subject to availability at the time of booking.
Our prices are expressed according to your choice of currency at the time of booking in Tunisian Dinar, in Euro, or in Sterling. The total amount must be verified at the time of booking. They do not include: any government taxes, additional insurance, personal expenses not expressly included in the Accommodation Voucher.
Our prices are contractual rates. It is therefore impossible to take into account certain promotional rates applied on the website on certain dates. Consequently, we will not consider any claim or request for reimbursement.
4. Registration, Conclusion of Contract and Terms of Payment
Reservations are made online and are paid directly by credit card. The security of transactions is ensured by the services of SPS Tunisie Monétique.
A booking confirmation will be sent to you directly at the email address indicated by you when you registered. This confirmation includes the account of the amount of the reservation as well as the details of the reservation such as the method of payment, the transfer number, the number of rooms reserved, the number of people, the email address and the desired arrangement.
Anyone who makes a fraudulent reservation will be held responsible and will be brought before the competent courts.
The hotel is not responsible for the implementation of any special requests made to the Reservation Department unless the hotel has expressly confirmed it in writing.
5. Modification of Prices and Services
The descriptions of the hotels as well as the calculation of the prices are carefully prepared. Your payment implies acceptance of the terms of the contract and the modifications indicated on the website at the time of your reservation. However, changes may arise after the conclusion of the contract. Although this possibility is unlikely, it cannot be completely ruled out. If it is a major change in an essential point of your contract (for example, unavailability of accommodation due to urgent work, etc.), you have the right to request its termination free of charge within three days following the date on which this information was communicated to you. You will then receive a credit note to be used with a proposal to change the date.
6. Shortened or extended stay
If you wish to extend your stay, you must make the request in sufficient time to the Reservation Department of the hotel concerned or to our Sales Department for this possibility to be checked according to the availability of the hotel.
The customer will not benefit from reimbursement for shortened stays for causes attributable to them.
7. No Show (Cancellation without Prior Notice)
In case of cancellation or "No Show", the money for the booking paid on the website will not be refunded and will be retained by the hotelier.
8. Termination of the Contract by the Customer
In all cases, any cancellation must be confirmed to us in writing (mail, fax or email) and it is the date of this writing that will be taken into consideration. All justified cancellations requested by the customer will only be refundable after a proposal for a change of date. You have a period of 14 days from the reservation date mentioned on the voucher to cancel a reservation. This period runs from the day you booked on our website. Any cancellation must be reported in advance to the Reservations Department of the hotel concerned or to the Sales Department at the following address firstname.lastname@example.org Or email@example.com . We inform you that any name change is considered the same as a cancellation.
9.The Customer’s Obligations
The Reservation Manager is authorized to refuse any extra person, adult or child, regardless of their age, not included in the reservation.
Pets or other animals are strictly prohibited in the hotel.
Any person who does not respect the rules of good conduct.
The consumption of food and beverages other than those provided by the hotel is prohibited. The hotel can exclude the customer from the hotel without notice or compensation if the latter harms the peace of mind of other customers, the operation of the hotel or if they undermine the reputation or the security of the establishment.
Any breach of these rules authorizes the hotel to cancel the contract unilaterally and no compensation can be claimed by the customer.
10. Complaints and Claims for Compensation
Complaints of a commercial nature or relating to the quality of the services provided must be made on site at the hotel during the stay, in writing and addressed to the Hotel Manager.
It should be noted that any complaints made either by fax, telephone, simple mail, e-mail, or by other means, presented after this deadline, or not made to the service provider(s) concerned, if applicable, cannot be taken into account.
In the event of a dispute, the courts of Tunis will have sole jurisdiction.
The hotel cannot accept any claim relating to loss, damage or theft of luggage, clothing or personal items that remain under your supervision for the duration of the stay. Safes are available to customers for this purpose.
Events and Holidays: It is your responsibility to find out, before making any booking, about any local events such as carnivals, religious holidays, national holidays, public holidays and other events that could affect the smooth running of your stay. No complaint relating to this type of event may be subsequently addressed to the hotel.
11. Accommodation and Board
Classification of the hotel: The number of stars attributed to the hotel establishment appearing in the description corresponds to a classification established with reference to local standards, which may therefore differ from the standards of other countries.
Activities and Services: Although all the activities mentioned in the descriptions comply, it may happen that certain activities indicated in the description are canceled by the hotel, in particular for climatic reasons, work in the hotel, in the event of force majeure, staying outside the tourist season, or when the minimum number of participants required for the realization of the activity is
not reached (for example, team sports, children's club etc) In such cases the hotel can not be held responsible. Some of the activities offered may also present risks, especially for young children. The hotel cannot be held liable in the event of an incident or accident attributable to a lack of vigilance on your part.
Occupancy and check out of rooms: We inform you that the rules applicable to the hotel industry require that customers take possession of the rooms from 2pm, whatever the time of arrival and check out of them by 12 noon, regardless of the departure time. Unfortunately, it will not be possible for you to derogate from this rule, except with the agreement of the hotelier. Any room taken before 2 p.m. or returned after 12 noon is considered an extra night and is therefore subject to an additional payment.
Room Types: Single rooms include a double bed. Double rooms are provided either with two beds or with a double bed. Triple rooms are with a double bed and single bed and quadruple rooms are often family rooms.
Babies: We invite parents of babies to bring food suitable for their child, which they will not always find on site.
12- Force Majeure
Force majeure means any event external to the parties that is both unpredictable and insurmountable and prevents either the customer or the hotel from performing all or part of the obligations provided for in the contract.
By express agreement, this will be the case in particular in the event of a strike by hotel staff, or insurrection, civil or foreign war, acts of terrorism, hostage-taking, manipulation of weapons and any prohibition enacted by government or public authorities.
It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations. At the same time, each of the parties bears the burden of all the costs incumbent upon it and which result from the case of force majeure. Consequently, the customers alone will bear the additional costs which could be incurred to allow the continuation of the stay following the occurrence of a case of force majeure, without the hotel's liability being sought.
13. The Website Liability and Guarantee
Our website must not be used for speculative, false or fraudulent reservations. The transmission of threatening, defamatory, pornographic, political or racist data or, more generally, of any illegal data, is expressly prohibited. The hotel reserves the right in such a situation to file a complaint for the purpose of condemning the harmful internet user to criminal sanctions, without prejudice to any claim for damages.
Liability: The hotel declines all liability in the event of a dispute in a reservation made on any website other than the hotel's official website.
Information made available on the website: The hotel is in no way responsible for your ability to access or use the site at any time whatsoever, nor for any interruption in such access or use, nor any defect preventing any operation from being carried out. The hotel does not guarantee that the website is free from computer viruses or other anomalies that could cause damage. You declare that you are aware of the characteristics and limitations of the internet, in particular its technical performance, the response times for viewing, querying or transferring data and the risks related to the security of communications. Consequently, under no circumstances will the hotel be liable for indirect and/or consequential, foreseeable or unforeseeable damages (including loss of profits or opportunity etc) arising from the supply and/or use or total or partial failure to use the services provided on the website.
The hotel reserves the right to refuse access to the website at any time without notice. The hotel does not guarantee that the information on the products, services and software provided on the website will be free from anomalies or errors and bugs, nor that these can be corrected, nor that the website will operate without interruption or breakdowns. The hotel is in no way responsible for malfunctions attributable to third-party software, whether or not they are incorporated into the website or supplied with it.
14. Area of Application
The general conditions of sale apply exclusively to current and future commercial relations between the hotel and the person placing the order. Any order for a product or service appearing on the website requires prior consultation of these general conditions.
These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions provided for in these general conditions. No general or specific conditions appearing in the documents sent or delivered by the consumer (you) can be integrated into these general conditions of sale. We may modify these general conditions of sale at any time subject to posting these modifications on our website.
16. General Conditions
The user acknowledges having read the general conditions of the contract and accepts them without any exception or reservation.
17. Proof of Transaction and Electronic Signature
The validation by SPS Tunisie Monétique of the consumer's payment under the Accommodation Voucher constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
The computerized registers, kept in the hotel's computer systems, will be considered as proof of the communications, orders and payments made between the different parties.
The archiving of booking forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
18. Data Protection
The information requested from you is necessary to process your reservation. It may be communicated to the hotel's partners involved in the execution of this reservation.
19. Intellectual Property
The hotel remains the holder of all intellectual property rights relating to the website which belongs to it or holds the rights of use relating thereto. Access to the website does not confer any right to the intellectual property rights relating to the website, which remains our exclusive property.
The elements accessible on the website, in particular in the form of text, photographs, images, icons, sound, videos, software, database, are also protected by intellectual and industrial property rights and other private rights.
Except as explicitly stated in this document, you may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, in any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the website without our prior written permission.
The hotel expressly retains all rights not expressly granted herein to the user, who may not claim to use or benefit from them. The use not previously authorized by the hotel, for any reason whatsoever, of all or part of the website may be the subject of any appropriate action, including an action for infringement.
The customer is authorized to use a small part of the website for strictly private and non-commercial purposes. The insertion of hypertext links to any part of the website is prohibited without prior written consent from us.
20. Final Provisions
The fact that the hotel does not avail itself, at a given time, of one of the provisions of these General Terms and Conditions cannot be interpreted as a waiver by the hotel to subsequently avail itself of any of the said provisions.
In the event that one of the provisions of the General Terms and Conditions is declared null and void, or without effect, this provision shall be deemed unwritten, without this affecting the validity of the other provisions, unless the provision declared null and void was essential and decisive. In the latter case, the parties will negotiate its replacement by a provision having an equivalent economic effect.
Applicable law: All the clauses appearing in these general conditions of sale, as well as all the operations referred to therein, are subject to the exclusive jurisdiction of Tunisian law.
A copy of the credit card must be presented at the hotel reception to avoid fraudulent transactions.
Assignment of jurisdiction: Any dispute which cannot not be settled amicably, relating to the validity, interpretation, execution of this contract will be submitted to the courts of Tunis-Tunisia.