Conditions Générales de vente
Effective from 06/06/2024
If your order was placed before this date, you can access the terms and conditions in force on the date of your order by clicking here.
Legal Notice
URL : https://www.thermes-saint-gervais.com/
Published by the company THERMES de SAINT GERVAIS LES BAINS LE FAYET, a simplified joint stock company with a single shareholder and capital of €1.047.014 €, registered with the Annecy Trade and Companies Register under number 605 920 172, whose registered office is located at 355 Allée du Docteur Lépinay 74170 le Fayet and on behalf of its brand THERMES DE SAINT GERVAIS (hereinafter the ‘Publishing Company’ or ‘We’).
Intracommunity VAT number: FR 25 605 920 172
Customer service :
Contact - E-mail: accueilmedical@tsgmb.com OR accueilspa@tsgmb.com
Publication Director: BINITA COOPER
Hosted by: CASTELIS, SAS with share capital of 1,000,000 Euros - RCS 429 463 987 CRETEIL - Tel: +33 (0)1 43 90 19 80 Registered office: 9 rue Maurice Grandcoing, ROND POINT EUROPEEN - 94200 IVRY SUR SEINE SIRET no.: 42946398700033 - APE code: 6201Z - Intra-Community VAT: FR 46 429 463 987
Welcome to https://www.thermes-saint-gervais.com/ (the 'Site').
We invite you to read carefully these general terms and conditions of sale (the "GTC"), as well as the conditions of use of the Site and the Privacy Policy, which govern your browsing of the Site and our relationship when you order services related to the reservation and sale of a Spa treatment, a SPA treatment or a gift voucher offered by Les Thermes de Saint-Gervais.
Any reservation or order made on the Site implies that you have read and expressly accepted the GCS by ticking the box provided for this purpose during the order or reservation process.
These Terms and Conditions apply to the exclusion of all other terms and conditions, in particular those applicable to sales in shops or via other distribution or marketing channels.
In accordance with the legal and regulatory provisions in force, it should be noted that the validation of the order form, as provided for in these general conditions, constitutes an electronic contract between the parties, which constitutes proof between the parties of the completeness of the order and the due date of the sums owed for the execution of the said order.
1. Definitions
For the purposes of these GCS, it is agreed that ‘You’ or the ‘Buyer’ refers to the person browsing the Site and/or ordering Services on the Site; ‘We’ or the ‘Seller’ refers to the company identified in the legal notice above; the Buyer and the Seller will be collectively referred to as the ‘Parties’ and individually referred to as the ‘Party’.
For the purposes hereof, each of the expressions below shall have the meaning given in its definition, namely:
‘Subscriptions’: means the services offered by the Company to the Buyer on a recurring basis over a specified period and at specified times, giving rise to the issue of a personal access card.
‘Buyer’: refers to the co-contractor, a natural person of legal age who is acting for non-professional purposes and has the legal capacity to enter into a commitment under these GCS, having ordered one or more Services. The Company may not be held responsible for the Ordering of Services and/or the use of the Site by a minor.
‘Baths’: refers to the balneotherapy course offered within the Thermal Spa.
‘Beneficiary’: refers to the Purchaser or a third party as the beneficiary of the Services, depending on whether the Purchaser uses the Services personally or offers them to a third party via a Gift Card.
‘Company Gift Card’ refers to the card which may be used by the Beneficiary to gain access to the thermal spa outside the very high season periods. During the very high season, the Beneficiary must pay a fixed supplement of €5 in order to benefit from the service.
‘Gift Card’: refers to the card that may be used by the Beneficiary to benefit from the Services ordered by the Purchaser. It is used in one go. It is valid for 1 year from the date of purchase.
‘Promo Code’: refers to a discount code applicable to admission to the Thermal Spa. You may be asked for proof of your discount when you arrive at the Thermal Spa. If you do not provide proof of your discount, you may be required to pay the additional fee in order to gain access to the Thermal Spa.
‘Order’: refers to the sales contract concluded between the Company and the Purchaser. All orders are made with an obligation to purchase. Orders may consist of one or more Services and/or one or more Subscriptions.
‘Order Confirmation’: refers to the email sent to the Buyer once the deposit (or all of the Services) has been paid.
‘Booking Confirmation’: refers to the email sent to the Beneficiary once the Booking has been made, indicating the day and time when the Services will take place.
‘Cure’ or ‘Thermal cure’ or ‘Complementary Programme’: medical treatment offered by the Seller, based on a set of treatments using the natural mineral waters of the thermal springs of Saint-Gervais Mont Blanc, excluding any other service (hotel, catering, transport); a distinction is made between Cures ‘under agreement’, prescribed by a doctor (general practitioner or specialist) and which may therefore be partly covered by the compulsory reimbursement scheme, and Cures ‘free’ or ‘Complementary Programme’ followed by the customer on his or her own initiative and therefore not covered by the compulsory reimbursement scheme. Except where express reference is made to a ‘free’ Cure or ‘Complementary Programme’ or a ‘contracted’ Cure, the terms ‘Cure’ or ‘Spa Cure’ as used herein shall mean both free Cures or ‘Complementary Programme’ and contracted Cures.
‘Deadline for Use’: means the date shown on the Order Confirmation on the Gift Card indicating to the Beneficiary the deadline by which he/she may benefit from the Services.
‘Formulas’: refers to the treatment services, grouped together with access to the Mont Blanc Spa, offered by the Company and carried out within the Spa.
‘Parties’: refers jointly or separately to the Purchaser and/or the Beneficiary and the Company.
‘Service(s)’: refers to the well-being services offered for sale by the Company.
‘Rules and Regulations’: refers to all the rules governing the operation of the Thermal Spa. To consult the Rules and Regulations, click here.
‘Reservation’: refers to the day(s) and time(s) on which the Purchaser or the Beneficiary and the Company have agreed to carry out the Services.
‘Site’: refers to the Company's internet site, via which the Services can be ordered, accessible via the following url: www.thermes-saint-gervais.com
‘Thermal Spa’: refers to all the facilities of the establishment's Thermal Spa, including the Baths and the Treatment areas.
‘Vendor’: refers to the company SA THERMES ST GERVAIS LES BAINS LE FAYET, SASU with a capital of 1,047,014.00 EUROS, registered in the Annecy Trade and Companies Register under number 605 920 172, with its registered office at 355 Allée du Docteur Lepinay 74170 Saint-Gervais-les-Bains - intra-Community VAT number: FR 25 605 920 172.
2. BOOKING AND PURCHASE CONDITIONS
The Services that We offer on the Site are reserved for persons (i) of legal age (or minors who hold an authorisation from their legal representative allowing them to make a reservation and/or an Order on the Site) and (ii) who have full legal capacity to place Orders and make reservations on the Site. We reserve the right at any time to ask You for proof of identity attesting to your age and/or the aforementioned authorisation of your legal representative. We reserve the right not to respond to an Order or a reservation and/or to exclude from our customer/prospect database, a Buyer who has not responded to the above request or who does not meet the requirements of this clause.
It is specified that the Services are intended for the personal use of the Buyer or the Beneficiary.
3. BOOKING PROCEDURE
PROCEDURE OF BOOKING, VALIDATION AND RECEIPT OF THE ORDER ON THE WEBSITE
To make a Reservation and enter an Order online, the Purchaser must first log on to the Site. The Buyer then has the possibility to take note of the different Services offered for sale on the day of the consultation of the Site and to choose his Services by (i) browsing the different categories of Services or (ii) by directly entering the name of the Service in the search engine or (iii) by clicking on one of the pages in the Site map present at the bottom of each page, and thus accessing the whole range of Services.
While browsing the Site, the Buyer wishing to make a reservation must complete the reservation form on the Site. Once this operation has been completed, the Buyer will see the number of Services in his basket.
We draw the Buyer's attention to the fact that the contents of the basket may be subject to an expiry date.
Once the selection of the Services has been completed, the Buyer may Order them by validating the Order via the button provided for this purpose. The Buyer must log in to his/her personal account to finalisethe Order.
A new page will then open, inviting the Buyer to :
- fill in his/her login (e-mail address) and password if the Buyer is already registered on the Site,
- fill in a personal data collection form accurately by filling in the mandatory fields required for this purpose
The Buyer undertakes to complete the form provided in good faith. The Buyer acknowledges that the data he/she communicates to the Seller and which are stored in the Seller's and/or its subcntractors' information systems are accurate and constitute proof of his/her identity. It is reminded that this personal data is governed by the accessible Personal Data Policy.
Once the Buyer has logged into his/her customer account and validated his/her shopping basket, he/she shall be invited to click on the button allowing him/her to proceed to the payment of his/her Order in accordance with the terms and conditions set out in the "PAYMENTS" article of this Agreement.
By clicking on the button allowing access to the payment of the Order, the Buyer must first read these GTC, and then confirm his/her agreement to all the GTC by carrying out a confirmation of acceptance action required on the Site (e.g. by ticking a box).
Once the Buyer confirms his/her acceptance of the GTC, a web page dedicated to the payment of the Order will open. All Orders are Orders with a payment obligation, which means that placing an Order implies payment by the Buyer.
The Buyer must then proceed to pay for his/her Order in accordance with the conditions described in these GTC.
It is hereby specified that by choosing to pay by credit card, as provided for in the "SERVICES - PRICES - PAYMENT" article below, the Buyer will be automatically transferred to the payment service provider's electronic payment server. The payment service provider's server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data related to the means of payment as effectively as possible, and at no time will the Buyer's banking data pass through the Seller's computer system. The Seller is therefore not liable.
The computerised records or any other data recorded by the Seller shall constitute proof of all transactions between the Seller and the Buyer.
Once the Order has been confirmed and payment validated in accordance with the terms and conditions set out below, a printable and recordable summary of the Buyer's Order shall be displayed, indicating in particular the Order's references.
An e-mail confirming the Order shall be sent as soon as possible by the Seller to the e-mail address provided by the Buyer and shall include the following information
- The Seller's identity and contact details,
- The Order reference number recorded at the time the Order was placed,
- The summary of the Order and the essential characteristics of the Services,
- The delivery times, costs and any restrictions on delivery,
- The total amount of the Order, including all taxes,
- The legal rights and guarantees available to the Buyer,
- Confirmation of payment,
- These General Terms and Conditions of Sale,
- The withdrawal form.
It is expressly agreed between the Seller and the Buyer that e-mails shall be deemed authentic between the Parties, as shall the automatic recording systems used on the Web Site, particularly as regards the nature and date of the Order.
The Buyer may access, where applicable in accordance with the rules of common law, the electronic contract concluded between the Buyer and the Seller. To do so, he/she shall contact the Cure Customer Service accueilcure.tsgmb@loreal.com or the Spa Customer Service: accueilspa.trp@loreal.com, to whom he/she shall provide all the information required to do so, in particular the Order number and his/her contact details.
In any case, the Seller reserves the right to refuse any Order for legitimate reasons and, more particularly, in case of suspected fraud. Similarly, any Order or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Buyer shall result in the cancellation of the Service at the Buyer's expense, without prejudice to any civil or criminal action against the Buyer.
A. SPECIFIC RESERVATION MODALITIES FOR A CURE
The Seller offers to book thermal cures according to the pathology to be treated, each of the cures being described in detail on the Site.
The Buyer acknowledges that he/she has taken note of the booking procedures, of all the characteristics of the Cure envisaged and that, if necessary, he/she has requested and obtained the necessary and/or different information to make his/her booking with full knowledge of the facts. The Buyer is responsible for his/her choice and its suitability for his/her needs.
At the time of booking, the Buyer undertakes to provide accurate and sincere information concerning all the questions asked of him/her and, if necessary, the appropriate supporting documents.
Whatever the reservation method chosen by the Buyer, the Seller will notify the Buyer, subject to availability, of its acceptance of his/her reservation request, within a maximum of 15 calendar days following this request.
This confirmation will be made by sending an e-mail and/or a letter confirming the reservation and giving a detailed summary of the Cure and the ancillary Services reserved.
The Seller draws the Buyer's attention to the need to provide him/her with a main e-mail address and/or a postal address which are valid and remain so until the end of the Cure.
Any communication made by the Seller to this address is deemed to have been received and read by the Buyer, who therefore undertakes to regularly consult the messages received at this address and, if necessary, to reply as soon as possible.
The reserved Cure, in free or contracted form, is non-transferable and non-transferable. It may not be transferred or transmitted to anyone.
B. RESERVATION TERMS AND CONDITIONS
FOR A SPA CARE OR A GIFT CARD
The Seller offers for sale skin care treatments, à la carte or grouped in a programme, carried out in the Spa.
To reveal the prices and details of the treatments offered by the Seller, click here. During the realisation of the Skin Care, the Beneficiary will also be able to benefit from an access to the Carré des Sources for half a day or a day depending on the programme.
The Seller offers for sale several Subscription offers, to the services available in the Spa.
To reveal the prices and details of the Subscription offers proposed by the Seller click here.
Any possible modification of the Subscriptions marketed by the Seller will be brought to the attention of the subscriber (closure during works, case of force majeure etc).
Prior to placing an Order, the Buyer may, directly on the Web Site or by telephone, acquaint himself/herself with the essential characteristics of the Service(s) he/she wishes to Order. Should the Buyer wish to obtain different information or advice on the Services, he/she is invited to contact the Spa at the address specified below.
As soon as the Purchaser has his/her Order Confirmation or the Beneficiary has his/her Gift Card, he/she can reserve the day(s) and time(s) of the Services. Reservation of Services is compulsory.
As the Deadline for Use of the Services is long, the content of the Services may be redefined and may not correspond exactly to that detailed in the Order Confirmation or the Gift Card, without the Vendor's liability being incurred in this respect.
The Booking of the Service is made by email to the following address: accueilspa@tsgmb.com
The Reservation is confirmed by the sending of a Reservation Confirmation by email within 48 hours. This e-mail must be kept as proof of the reservation.
Teenagers (13-18 years old) can access the Spa if they make a Reservation and are accompanied by a parent. They do not have access to the Thermal Spa alone.
Children under 13 years old are not admitted to the Spa.
Animals are not allowed in the Spa.
The Seller allows the Buyer to treat the Service(s) to a third party Beneficiary through a Gift Card. The Gift Card will specify the name of the Benefit(s), the Order number and the Deadline for Use.
The Gift Cards are valid for the Service(s) chosen by the Buyer when placing the Order.
The Seller reserves the right not to deliver the Service(s) to any person who has acquired the Gift Card outside the traditional distribution network and in particular directly from a private individual.
C. RECEIPT AND DELIVERY OF THE GIFT CARD
BY MAIL
For 5 extra euros, the Gift Card can be delivered to the postal address indicated by the Purchaser when placing the Order. Once the Order has been prepared, it will be sent to the postal address provided by the Purchaser at the time of placing the Order. The Gift Card is delivered by the postal services or by a specialised service provider (depending on the case and/or the delivery options selected) (hereinafter the "Carrier"). If the Purchaser is absent, the Carrier will leave a delivery notice in the Purchaser's letterbox. The Buyer must then contact the Carrier again to agree on a new delivery date. It is nevertheless specified that if the Buyer does not contact the Carrier again, the latter shall carry out two new delivery tests, the date and time of which shall be determined by the Carrier at its discretion. In any event, the Gift Card Order shall be fulfilled within a maximum of thirty (30) days from the day following the day on which the Purchaser validated his/her Gift Card Order, subject to full payment of the price and compliance with the purchase conditions set out in the "Purchase Conditions" article of these GTC.
If the Gift Card has not been delivered by the end of this period, the Purchaser may cancel the Gift Card Order. In the event of a delay in delivery (i.e., exceeding the delivery time indicated or, failing that, the maximum delivery time of thirty (30) days after validation of the Gift Card Order), the Buyer must, as soon as possible, notify the Seller of this delay by e-mail by clicking here [Link to e-mail address/customer service form to be inserted], so that the Seller can make an enquiry with the Carrier.
If during this investigation the Order is found, it will be immediately redirected to the delivery location designated in the Gift Card Order. However, if, following this investigation, the loss of the Order is confirmed, the Seller shall, at its own expense, reship the Gift Card to the Purchaser or, in the event of its definitive unavailability, refund the total amount paid by the Purchaser (including delivery costs), depending on the method of payment used.
In any event, in the event of a delay in delivery of more than (10) working days from the date of the e-mail from the Purchaser indicating the delay, not due to force majeure, the Purchaser may cancel his/her Gift Card Order with the Customer Service Department at accueilspa@tsgmb.com.
If the Buyer exercises this right of cancellation, the price of the Order shall not be collected by the Seller.
In the event that payment for the Gift Card Order has already been received, the Seller shall refund the full amount paid by the Buyer (including delivery charges), according to the method of payment used, within a maximum of fourteen (14) days of receipt of the cancellation, to the exclusion of any other compensation.
Any anomaly/reservation identified at the time of delivery (in particular late delivery, missing or damaged product) must be fully and accurately reported by the Buyer on the receipt given by the Carrier at the time the Services are made available and/or confirmed by registered letter to the Carrier within ten (10) days of receipt of the Gift Card Order by post.
Any such reservation must be notified in parallel and as soon as possible to the Seller's Customer Service accueilspa@tsgmb.com . A copy of the complaint addressed to the Carrier must be attached. The Seller shall not be liable in any way whatsoever where the defect/delay in the delivery of the Gift Card is attributable to the Buyer, i.e. either in the event of an input error by the Buyer when placing the Order, or in the event of the absence of the recipient when the Gift Card is delivered. The Seller shall not be held liable for any damage caused by the Carrier.
BY ELECTRONIC MEANS (E-GIFT CARD)
The Buyer may request that the Gift Card be sent by electronic mail in the form of an E-Gift Card to the email address indicated in the Order. The Seller shall not be liable in any way whatsoever for any failure to send the E-Gift Card where such failure is attributable to the Buyer, in particular in the event of an error in the recipient's email address made by the Buyer when placing the Order for the Gift Card.
4. MODIFICATION AND CANCELLATION OF THE ORDER
a. Cures
Except in the case of a withdrawal made in accordance with the "RIGHT OF WITHDRAWAL" article herein, requests to modify all or part of the Cure must be sent in writing (e-mail, registered post, fax, etc.) to the Vendor, at the following address Thermes de Saint-Gervais, 355 Allée du Docteur Lépinay, 74170 Saint-Gervais les Bains and are subject to the express and prior agreement of the Vendor, who may, depending on the nature and scope of the modifications, require the payment of an additional price. However, no request for modification will be accepted within a period of less than 15 working days prior to the start of the Cure.
Requests for cancellation, which may only relate to the entire Cure, must be sent in writing to the Société des THERMES, which will apply the following pricing and reimbursement conditions:
In the event of cancellation less than 15 working days before the start date of the agreed cure, the deposit already paid will not be reimbursed;
Any request to cancel a complementary programme must be made at least 7 working days before the start date of the treatment.
Unless contraindication duly justified by a medical certificate, any cancellation/modification after this 7 working day period will result in the collection of compensation equal to 30% of the price of the complementary programme.
In the event of cancellation notified more than 7 working days before the start date of the treatment, the deposit paid when the order was placed will be refunded to the Buyer.
Any request to cancel a free treatment or discovery morning must be made no later than 3 working days before the start date of the treatment.
Except in the case of contraindication duly justified by a medical certificate, any cancellation/modification after this period of 3 working days will result in the collection of compensation equal to 30% of the price of the free cure or discovery morning.
In the event of cancellation notified more than 3 working days before the start date of the treatment, the deposit paid when the order was placed will be refunded to the Purchaser.
The date on which the cancellation request is taken into account will be the day on which the Société des THERMES is notified in writing (e-mail, registered post, fax, etc).
If the cure is interrupted for any reason, only 3 circumstances may give rise to reimbursement by the Assurance Maladie or the Société des THERMES, in proportion to the duration of the cure completed:
- in the event of force majeure (a death in your family, for example) ;
- in the event of suspension of the spa establishment's activity ;
- if your cure is interrupted for medical reasons (attested by a medical certificate).
In the event of late arrival or premature departure by the Customer in the case of a free Cure, the full amount of the Cure will remain payable.
Cancellation requests must be sent to the Vendor in writing.
In the event that the Vendor has to cancel the Cure, for whatever reason, and without having to justify this to the Customer, without being able to claim any compensation whatsoever. Where the cancellation relates to one or more specific treatments within the Cure, the Vendor will offer the Customer, in cases where the cancellation is not justified by the Customer's state of health, a new schedule of these treatments for the duration of the Cure.
Any reimbursement will be made either on the spot, by crediting the Customer's credit card, or by bank transfer, after validation of a request for reimbursement made by the Customer, accompanied by his/her bank details.
B. TREATMENTS - SERVICES - GIFT CARDS
Any request for cancellation/modification of a Reservation must be made at the latest 72 hours prior to the start of the booked Service.
Except in the case of contraindication duly justified by a medical certificate, any cancellation/modification after this 72-hour period will result in the collection of an indemnity equal to 30% of the price of the Event.
With regard to Gift Cards, no cancellation/modification of the Reservation will be accepted after this 72-hour period. If the Beneficiary does not show up at the appointment set in the Reservation, the Gift Card will be considered as definitively lost and will not be subject to any refund or credit.
The Services may be performed up to the Deadline for Use indicated in the Order Confirmation or on the Gift Card. If the Services are not performed before this date, the Beneficiary will no longer be entitled to the Services and will not be entitled to any refund.
In the event that the Seller has to cancel the Reservation, in particular in the event of lack of availability, the Buyer will be reimbursed for the full amount paid at the time of the Order
5. SERVICES - PRICES - PAYMENTS
a. Services
The Services offered for sale on the Site are those which appear on the Site on the day the Buyer consults the Site.
The Buyer is informed that the photographs and texts illustrating the Services are subject to change.
b. Prices
The prices communicated by the Seller are inclusive of all charges.
The prices are indicated in euros (€) and are valid in Metropolitan France, Corsica and Monaco. They take into account any discounts and VAT applicable on the date of the Order. Any change in the applicable VAT rate will be reflected in the price of the Services.
The prices of the approved packages according to the different therapeutic orientations and medical prescriptions are given as an indication and remain subject to legal or conventional modifications, in particular by the National Health Insurance Fund.
It is hereby specified that any promotions granted in the form of discount vouchers are only valid for one Order per household and for a given period of validity and cannot be combined with other discount offers.
The Seller reserves the right to change its prices at any time, but the Services shall be invoiced on the basis of the rates in force at the time the Order is placed.
c. Payment Methods
The amount due by the Buyer is the amount indicated on the Order Confirmation as displayed on the web page designed for this purpose and subsequently transmitted by e-mail by the Seller to the Buyer.
The Buyer shall have the choice, when validating his/her Order as specified above, between different payment methods.
Payment may be made :
- By internet, at the time of the Order, by credit card (Visa, Mastercard);
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In cash at the Spa reception, for the payment of the balance of the Services linked to a Skin Care or for the cash purchase of a Gift Card, within the limit of 1,000 euros.
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- By cheque, Kadéos, and holiday vouchers for the payment of the Benefits related to a Skin Care or for the purchase of a gift card by going to the Spa reception desk, or by sending the cheques by registered letter with acknowledgement of receipt to the following postal address :
LES THERMES DE SAINT-GERVAIS
355 Allée du Docteur Lépinay
74170 Saint-Gervais Les Bains
The Reservation can only be made once the cheques/holiday vouchers have been cashed by the Seller.
The Order shall only be validated by the Seller after (i) acceptance of the GTC by the Buyer, (ii) verification and confirmation of the validity of the payment and (iii) sending the Buyer confirmation of acceptance of his Order.
In any event, the Seller reserves the right to refuse any Order or any delivery in the event of (i) an existing dispute with the Buyer, (ii) total or partial non-payment of a previous Order by the Buyer, (iii) refusal to authorise payment by bank card by the banking organisations, (iv) non-payment or partial payment.
D. PAYMENT CONDITIONS FOR THE SPA
A deposit of minimum 30% is paid on the day of the Order, in accordance with the terms and conditions specified above.
The Purchaser must pay the balance of the amount, at the Spa reception, on the day of the execution of the Services.
E- PAYMENT CONDITIONS FOR A GIFT CARD
The price is paid in full on the day of the Order, according to the terms and conditions specified above.
F. TERMS OF PAYMENT FOR SUBSCRIPTIONS
The price of a Subscription is paid in cash on the day of subscription. The Subscription is taken out for a fixed period. Consequently, the subscriber is firmly and definitively committed for the entire duration of the Subscription and will not be entitled to any reimbursement, except in the case of a definitive contraindication justified by a medical certificate concerning the Services covered by the Subscription (reimbursement on a pro rata basis). In the event of temporary contraindication justified by a medical certificate, the Subscription may be extended at the request of the subscriber. In any event, payments made by the Buyer will only be considered final after the effective collection of all sums due.
G- PAYMENT CONDITIONS FOR A CURE
A deposit of at least 30% is paid on the day of the Order, in accordance with the terms specified above.
The Buyer must pay the balance to the medical reception on the day the Services are carried out.
Conventional cure: the Customer hands over to the Seller, on the day of arrival at the cure, the original of his payment for the thermal package. It is reminded that the amount of the cure is partially or totally covered by the health organisations and, if applicable, by the mutual insurance company, depending on the contracts.
Non-conventional cure: an estimate is drawn up in duplicate following the medical consultation on the day of arrival at the cure. The Seller keeps a copy of the estimate signed by the Customer. It is reminded that free Cures are not covered by health and mutual insurance organisations, and that they are therefore paid for in full by the Buyer.
The amount of the Cure (free or contracted), or of the co-payment if the Purchaser benefits from third party payment, must be paid by the Client at the time of his/her administrative appointment set at the time of his/her arrival at the Cure, by cheque, by bank card or by cash up to a limit of 1,000 euros.
At the end of the Cure (contracted or free), the Client goes to reception to close his file, adjust, if necessary, his final invoice and obtain the Cure end certificate.
H- FIGHT AGAINST FRAUD
In order to protect the Seller from fraudulent practices, and in the event that the Seller or the online payment service provider suspects that an Order is fraudulent, they reserve the right to ask the Buyer (prior to processing the Order) for additional documents (in particular proof of the Buyer's identity) in order to verify that the Order is not fraudulent.
If the Buyer fails to respond within fifteen (15) days of the request being sent by the Seller or the online payment service provider, the Order shall be cancelled and no payment shall be collected by the Seller. In the event that payment for the Order has already been received, the Seller shall proceed to reimburse the Order within fourteen (14) days of the expiry of the aforementioned period, depending on the payment method used by the Buyer.
6. RIGHT OF WITHDRAWAL
In accordance with European and national regulations, and in particular with the provisions of Article L. 221-18 of the French Consumer Code, applicable to contracts concluded at a distance and off-premises, the Buyer who places an Order on the Site or by telephone has a right of withdrawal, without penalty, within fourteen (14) working days of the Order Confirmation.
If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
In accordance with Article L221-28 12° of the French Consumer Code, the Buyer does not have this right of withdrawal if the Reservation is made prior to the expiry of this fourteen-day period.
The Buyer wishing to withdraw should send an e-mail via our contact form here by choosing the heading "withdrawal" or an e-mail or a registered letter with acknowledgement of receipt, if necessary using the withdrawal form below, to the following address: accueilspa@tsgmb.com - Les Thermes de Saint-gervais - 355 Allée du Docteur Lépinay, 74170 Saint-Gervais, before the end of this fourteen (14) day period, the day on which the Order Confirmation is received not being counted in the period mentioned.
Withdrawal form
For the attention of Binita Cooper - Les Thermes de Saint-gervais - 355 Allée du Docteur Lépinay, 74170 Saint-Gervais
I hereby notify you of my withdrawal from the contract for the sale of the following services:
Ordered on (*)/received on (*):
Name of the Purchaser and Beneficiary (if different from the Purchaser):
Buyer's address:
Signature of the Purchaser (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.
If the Buyer has paid a deposit, it will be reimbursed at the latest within fourteen days from the date on which it informed the Seller of its decision to withdraw.
No request for withdrawal shall be considered once the withdrawal period has expired, although the Buyer shall be able to cancel the Order under the conditions set out in the article "MODIFICATION AND CANCELLATION OF THE ORDER" above.
7. GARANTIES AND RESPONSABILITIES
a. Cures
The Cures are prescribed by the doctor consulted by the Buyer or by the Customer, then programmed by the thermal doctor at the beginning of the Cure.
The Seller cannot be held responsible for a bad medical assessment or orientation, nor for the acts or omissions of the doctors before or during the Cure.
Some Cures are accessible to children under the age of 18. These programmes require the presence of an adult accompanying the minor up to the age of 16.
The Cures offered comply with current French legislation. The Seller shall not be held liable in the event of non-conformity with the legislation of a third country.
The Seller guarantees the conformity of the Cures with the Order Confirmation and the Reservation Confirmation. This guarantee of conformity refers solely to the suitability of the skin care and services with the information and characteristics described in the Order Confirmation and the Reservation Confirmation.
The Seller is bound by a general obligation of means in the provision of the skin care and services included in the Cure, consisting of the implementation of all the necessary diligence for the provision of the skin care and services.
Complaints of a commercial nature or relating to a lack of conformity must be sent to the Seller by registered mail with acknowledgement of receipt to the address given in the "MEDIATION" section of these terms and conditions, as soon as the Buyer or the Customer is aware or should have been aware of the facts that are the subject of the complaint, and within the legal limitation period.
The Seller shall endeavour to treat the Buyer, on the Site, with the most reliable and qualitative information available concerning the Cures. The photographs, visuals and illustrations reproduced and illustrating the Cures, skin care, services and infrastructures are presented for information purposes only.
The Seller shall not be held liable to the Buyer or the Customer in the event of non-performance of its obligations resulting from an event of force majeure or fortuitous event.
b. Treatments - Services - Gift Cards
The Services offered comply with current French legislation. The Seller shall not be held liable in the event of non-conformity with the legislation of a third country.
The Seller is bound by a general obligation of means in the provision of the skin care and services included in the selected Service(s), consisting in the implementation of all the necessary diligence for the provision of the Services.
The Seller shall not be held liable to the Buyer in the event of non-performance of its obligations in the event of the occurrence of an event presenting the characteristics of force majeure, as defined by article 1218 of the French Civil Code and by French case law on the subject, and making it impossible to maintain a Booking.
Complaints of a commercial nature or relating to a lack of conformity must be sent to the Seller by registered post with acknowledgement of receipt to the address given in the "MEDIATION" section of these Conditions, as soon as the Buyer is aware or should have been aware of the facts which are the subject of the complaint, and within the legal limitation period.
The Seller endeavours to treat the Buyer, on the Site, with the most reliable and qualitative information available concerning the Services. The photographs, visuals and illustrations reproduced and illustrating the Treatments are presented for information purposes only.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, European Union nationals have rights with respect to their personal data. For more information on these rights, we invite you to consult our Personal Data Policy accessible from this website.
SPECIAL PROVISIONS FOR FRANCE
Provision against marketing harassment
In accordance with Article L223-2 of the Consumer Code, you have the right to register on a list of opposition to commercial telephone marketing via the site BLOCTEL (https://www.bloctel.gouv.fr/).
8. HYGIENE - INTERNAL REGULATIONS - ACCESS TO THE SPA
a. Cures
The Buyer commits himself by his Reservation to respect the rules of hygiene or others applicable within the thermal establishment. These rules are set out in the Internal Regulations, a copy of which is given to the Client on the day of his arrival.
b. Treatments - Services - Gift Cards
The Beneficiary declares that he/she has read the Internal Regulations of the Spa available on the Site and displayed at the Spa. In any case, the Beneficiary undertakes to respect the Internal Regulations.
The skin care treatments provided in the Spa are well-being treatments, without any therapeutic or medical purpose.
However, certain pathologies may be incompatible with the use of the Spa and/or the benefit of certain Skin Care treatments, in particular: circulatory problems, respiratory or cardiac problems, diabetes, kidney problems, epilepsy, hyper or hypotension.
In case of doubt, consult your doctor and ask for a certificate of non-contra-indication.
In addition, some treatments or programmes are not suitable for pregnant women (please consult us and your doctor before booking).
c. Spa Access Conditions
Once the Reservation of the Services has been made, the conditions of access to the Spa are as follows:
Treatments: the Beneficiary must go to the Spa reception with his/her Reservation Confirmation and his/her Gift Card, if applicable
Subscriptions: a personal access card is given to the Beneficiary of a subscription upon presentation of his/her Order Confirmation at the Spa reception desk
The Beneficiary, with his/her valid card, is authorised to enter the Spa within the framework of the Subscription subscribed to and the corresponding access hours.
The Subscription is taken out on a strictly personal basis, and is for the exclusive use of the subscriber. Consequently, the Subscriber may not assign or transfer the Subscription taken out to anyone in any way whatsoever, whether free of charge or for a fee.
The Seller reserves the right to check the identity of the holder of the subscription card. In the absence of valid proof of identity, Les Thermes reserves the right to refuse access to the establishment.
The Beneficiary is required to arrive at least 30 minutes prior to the scheduled time of the Service. Any delay will result in the reduction or cancellation of the Service booked.
9. MEDIATION
For any problem relating to an Order or the Services, please contact our Customer Service:
- Preferably by our online form.
- By mail to - Thermes de Saint-Gervais, A l’attention du DPO, 355 Allée du Docteur Lépinay, 74170Saint-Gervais Les Bains.
In accordance with the rules applicable to mediation, any consumer dispute must be submitted in advance in writing to the Customer Service at the following address Thermes du Connétable, For the attention of Customer Service, Rue du Docteur Benjamin Bord, 86270 La Roche-Posay, and/or accueilcure.trp@loreal.com or accueilspa.trp@loreal.com
After having taken this step with Customer Service, and in the event of a complaint not being resolved by our Customer Service, you may refer the matter to a mediator free of charge in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes.
The Seller adheres to the services of the following mediators:
This recourse does not apply to thermal cures under agreement, which are services provided on medical prescription and which come under the Public Health Code and the Social Security Code and not under the Consumer Code.
The Seller adheres to the services of the mediation and arbitration centre of Paris whose coordinates are as follows: 39 avenue Franklin D. Roosevelt - 85008 Paris - http://www.cmap.fr. To find out how to contact the mediator, click here.
At the European level, the Online Dispute Resolution platform, in accordance with Article 14 of Regulation (EU) No. 524/2013, can be used for any consumer dispute and can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
10. MISCELLANEOUS PROVISIONS
a. Force majeure
Neither Party shall be liable for the total or partial non-performance of its obligations under these GCS if such non-performance is caused by an event constituting force majeure.
Events meeting the criteria set by the case law of the Cour de cassation and the legislation are considered as force majeure.
The Party invoking an event constituting force majeure shall notify the other Party within five (5) working days of the occurrence of this event. The Parties agree that they shall consult each other as soon as possible in order to determine together how the Order shall be performed during the period of force majeure. After a period of one (1) month of interruption due to force majeure, the Seller may not honour the Order, and shall reimburse the Buyer where appropriate.
B. Partial Invalidity
If one or more of the provisions of these GTCs are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
C. COMPLETENESS OF THE GTC
These GTC and the Order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
In the event of contradiction between these documents, the GTC shall prevail.
d. Modification of the GTC
It is specified that the Buyer may save or print out these GTC, provided that they are not modified.
The current GTC can be consulted at any time under the heading "General Terms and Conditions of Sale" accessible via all pages of the Site.
The Seller may update these GTC at any time. Any such update shall be subject to prior and specific notification on the Site.
e- Non-waiver
The fact that one or other of the Parties does not avail itself at a given time of any of the stipulations of the present Terms and Conditions shall never be considered as a waiver on its part of the rights it holds from the latter.
F- APPLICATION LAW AND COMPETENT JURISDICTIONS
These GTC and the contractual relations between the Buyer and the Seller are subject to French law.
In the event of a dispute between the Buyer and the Seller, and if the dispute is not resolved through the mediation provided for in the "MEDIATION" article above, it will be brought before the competent French courts. The parties agree to meet and try to find an amicable solution to their dispute, prior to bringing the matter before the competent jurisdiction.