1. MMV operates the website www.mmv-resort-spa-cannes.fr, a hotel reservation site for the MMV Group.
2. The site enables users to reserve rooms in different hotels managed by the MMV Group.
3. Users may also make reservations via the mobile services i-mode and WAP.
4. Other services may be reserved at www.mmv-resort-spa-cannes.fr through MMV partners. The reservation is made directly between the customer and the MMV partners.
5. The customer confirms having received from MMV all the necessary information on the site www.mmv-resort-spa-cannes.fr.
6. All reservations made at www.mmv-resort-spa-cannes.fr or via mobile services assume these terms and conditions have been read and accepted.
7. The reservation is subject to the customer agreeing to these terms and conditions; reservations cannot take place without this agreement.
8. The customer has the option to save and edit these terms and conditions by using the standard functions of his browser or computer.
9. The site includes the following information:
- The legal notice specifically identifying MMV and indicating its corporate rights, registration address, email address, telephone number, corporate headquarters, if it is subject to VAT and identifies its individual identification number by way of an individual number, the member state in which it was granted, and, if different, the address of the organization responsible for the offer
- The main features of the offered accommodation (hotel facilities may be viewed at the reservation stage according to the hotel selected)
- Prices
- Payment methods
- Terms and conditions of sale
- Validity of the offer and its price
- Minimum length of the proposed contract, if applicable
11. As the consumer, the customer has specific rights that in theory would be applied where the reserved services would not be for personal use.
12. All the information available at www.mmv-resort-spa-cannes.fr is shown in French as well as several other languages.
13. The customer confirms that he is fully able to legally commit to these terms and conditions.
2. DEFINITIONS
The terms used in this document are defined as follows:
« acknowledgement of receipt »:
email sent by www.mmv-resort-spa-cannes.fr to the customer summarizing the reservation made by the customer and confirming that www.mmv-resort-spa-cannes.fr has received the reservation
« reservation confirmation »:
virtual document summarizing the services reserved online by the customer, and possibly stating the customer's bank card number in the context of a prepayment or guarantee. Accepting the reservation confirmation commits the customer contractually
« customer »:
individual acting on personal or professional interests but without relation to hotel activity
« email »:
any message, in text, voice, sound, or image format, sent by a public communication network and stored on a network server or in the workstation equipment of the recipient until it is retrieved by said recipient
« reservation request »:
request for a hotel room reservation submitted by the customer via mobile or Internet services
« i-mode »:
collection of services and protocols enabling mobile phones to connect to the Internet, and, in particular, allowing the user to view and reserve hotel services provided by MMV
« partners »:
providers of services available at www.mmv-resort-spa-cannes.fr and in particular, tour operators, vehicle rental firms, train and plane ticket providers
« online reservation »:
reservation of hotel rooms by way of a virtual reservation form on the MMV website, available at www.mmv-resort-spa-cannes.fr
« service »:
reservation of hotel rooms of which the main features are displayed at www.mmv-resort-spa-cannes.fr
« website »:
service operated by MMV on the Internet network, available at www.mmv-resort-spa-cannes.fr.
« WAP »:
communication protocol aimed at enabling access to the Internet from a mobile terminal.
3. SUBJECT
1. These terms and conditions define the rights and obligations of the parties under the scope of the remote reservation of services offered by MMV on its website, www.mmv-resort-spa-cannes.fr
2. They govern all the steps required for reservation and post-reservation between the contractual parties.
3. The customer acknowledges having read and accepted these terms and conditions of sale available at www.mmv-resort-spa-cannes.fr
4. SCOPE OF APPLICATION
1. These terms and conditions apply to all reservations made online.
5. VALIDITY
1. These terms and conditions of sale apply for the entire length of time that MMV services are available at www.mmv-resort-spa-cannes.fr
2. MMV reserves the right, without notice or indemnity, to temporarily or permanently shut down the website www.mmv-resort-spa-cannes.fr or its online reservation pages.
3. MMV is not responsible for damages of any nature that may result from these changes and/or from the temporary unavailability or indeed permanent shutdown of all or part of the site or its associated services, such as the online reservation pages.
6. RESERVATION
1. The customer selects the services presented on the website.
2. The customer acknowledges having understood the nature, the destination and the methods of reservation of the services available on the website and having solicited and obtained the necessary and/or supplementary information to carry out the reservation in complete knowledge of the facts.
3. The customer is solely responsible for his choice of services and their suitability as to his needs, such that MMV shall not be held responsible in this aspect.
4. The reservation is deemed accepted by the customer at the end of the reservation process.
7. RESERVATION PROCESS
1. Reservations made by the customer take place by way of the virtual reservation form available online at www.mmv-resort-spa-cannes.fr or by a reservation request sent via mobile services.
2. The reservation is deemed to be created upon MMV's receipt of the reservation form or reservation request, or upon an online prepayment by bank card.
3. Prior to any reservation, the customer shall complete the information required in the reservation form or request.
4. The customer attests to the truth and accuracy of the information submitted.
5. The reservation process includes the following main steps:
1. Step 1 : Finding a hotel and selecting a room and rate
2. Step 2 : Checking the reservation details, the total price, the applicable terms and conditions of sale and, making any necessary changes to the selection (room, rate), for online users only
3. Step 3 : Obtaining the customer's details
4. Step 4 : Reading and accepting the terms and conditions of sale
5. Step 5 : Confirming the reservation (customer) .
8. ACKNOWLEDGEMENT OF RECEIPT OF THE RESERVATION
1. The customer reservation is subject to an acknowledgement of receipt by email.
2. For online reservations, the emailed acknowledgement of receipt of the reservation summarizes the contract offer, the services reserved, the prices, the terms and conditions of sale concerning the selected rate, any information pertaining to after-sales service and commercial warranties, and the address of the vendor's premises to which the customer should address any complaints.
9. CUSTOMER SERVICE
For any complaints relating to your MMV hotel reservation, our customer service center is open Monday through Friday from 9am to 6:30pm (French time) at the following telephone numbers:
- Telephone: 04-93-48-54-00 from within France
- International telephone: +33-4-93-48-54-00
- Email: courrier@mmv.fr
The postal address is:
MMV Resort & Spa **** Cannes-Mandelieu
4 avenue Gaston de Fontmichel
06210 MANDELIEU LA NAPOULE, France
(+33) 4 93 48 54 00
10. CANCELATION OR MODIFICATION BY CUSTOMER
1. The customer is reminded, pursuant to article L. 121-20-4 of the Consumer Code, that he does not have the right to retraction as stipulated in article L. 121-20 of the Consumer Code, once the services are provided on a predetermined date or for a predetermined period of time.
2. Terms of cancelation or modification are stated in the terms and conditions of sale associated with each rate, if applicable.
3. If permissible under the rate's terms and conditions of sale, the reservation may be canceled at www.mmv-resort-spa-cannes.fr via the link "View/Cancel a reservation".
4. Prepaid reservations cannot be modified or canceled. The paid sum shall not be reimbursed. If this is the case, it shall be stipulated in the rate's terms and conditions of sale.
5. In the event that the stay is interrupted, the entirety of the agreed price shall be paid. Prepaid reservations are not entitled to reimbursement.
6. Unless expressly stated otherwise, the customer must vacate the room before 12 p.m. on the last day of the reservation. Failure to do soshall result in the customer being billed for an extra night.
11. GARANTEES
1. MMV is obliged to guarantee conformity to services, under the conditions set forth in articles L. 212-1 and n. of the Consumer Code.
2. The customer shall receive a contractual guarantee applicable to the service.
12. LIABILITY
1. If all efforts are made to ensure that the photographs, graphical images and texts reproduced to illustrate the displayed hotels provide as accurate an impression as possible of the accommodation offered, variations may occur, in particular as the result of any change of furniture or renovation. The customer has no right to claim against such changes, since these variations have no bearing on the key features of the service.
2. MMV shall not be held responsible for the non-fulfillment or inadequate fulfillment of the reservation in the event of a force majeure, actions of third parties, actions of the customer or of his partners, such as unavailability of the Internet network, no access to the website, external intrusion, computer viruses, or in the event of non-authorized prepayment from the bearer's bank.
3. MMV accepts no responsibility for any indirect damage as a result, in particular loss of earnings, actions of third parties, actions of the client or of his partners.
4. Hyperlinks may link to websites other than the MMV site. MMV accepts no responsibility for the content of these websites or the services featured on them.
13. COMPLAINTS
1. Complaints referring to the non-fulfillment or inadequate fulfillment shall be, under penalty of foreclosure, brought to the attention of MMV in writing within the 24 hours of arrival (sent to the Customer Service address above) or made directly to the hotel.
14. PRICES
1. The prices pertaining to the reservation of services are indicated before and during reservation.
2. The prices shown are per room for the number of people and the date(s) specified.
3. The prices are confirmed with the client as a tax-inclusive amount in the hotel's commercial currency, which may sometimes differ from the hotel's local currency. These prices are only valid during the period stated on the website.
4. If payment to the hotel is made in a currency other than the currency confirmed on the reservation, the client will be liable for the conversion fees.
5. All reservations, regardless of their origin, are payable in the hotel's local currency unless specifically indicated otherwise at the hotel.
6. Unless specified otherwise, supplementary services (breakfast, half-board, full-board etc.) are not included in the price.
7. Tourist tax, specified for each rate, shall be paid locally directly to the hotel, with the exception of online prepayments where this amount may be included.
8. Prices are inclusive of the VAT applicable on the order date and any modification of VAT-related taxes shall be automatically reflected in the prices shown.
9. Foreign currency conversions are given as guidance only and are non-binding. Only the currency confirmed at reservation is guaranteed.
10. If a rate states that the payment is to be made upon arrival at or departure from your hotel, and that the customer's currency is not the same as that of the hotel, it is possible that the rate debited by the hotel will be different to that indicated during booking. This would take in account any exchange rate changes between the date the booking was made and the dates of the hotel stay.
11. MMV shall state the total order amount when the customer confirms the reservation.
15. PAYMENT
1. The customer submits his bank details to guarantee the reservation unless otherwise subject to special conditions or rates:
- by credit card or debit card (Visa, Eurocard/Mastercard, American Express), entering in the relevant fields (data secured by SSL encryption) the card number, without spaces, and the valid to/from dates and, for prepayments, the onscreen code via the myFidelio payment platform.
2. The payment is debited at the destination hotel, unless under special conditions or rates where the payment is made at reservation (online prepayment on certain rates).
3. Use of MMV gift vouchers, notably under its loyalty scheme, is limited to single payments made locally at the hotel. Gift vouchers may not be used to prepay the total or partial sum of a hotel stay or to guarantee a reservation.
4. In the event of a no-show (reservation that has not been cancelled where the customer is not present) when the booking is guaranteed by credit card, the customer shall be debited the cost of the first night from the card specified in the reservation guarantee.
5. MMV has chosen myFidelio (Payment Service Provider) to secure card payments online. The validity of the customer's payment card is verified by myFidelio. Payment cards may be refused for a number of reasons: stolen or blocked card, credit limit reached, incorrect details entered. In the event of a problem, the customer shall contact his bank in the first instance, and the hotel in the second to confirm the reservation and payment method.
6. Should the customer wish to reserve multiple rooms but prepayment is only required for one of these rooms, for example, the payment card used on the myFidelio platform enables the room in question to be prepaid while the specified payment card acts as a guarantee for the other rooms.
7. For prepayments, the amount debited at reservation includes: the price of the accommodation, taxes applicable to the accommodation, the price of meals if breakfast is selected, and the taxes applicable to meals. (As stated in point 14.6)
8. Where the rate is subject to online prepayment, the debit is carried out upon reservation.
16. PRIVACY PROTECTION
1. The information requested from the customer is necessary to handle the order and shall be communicated to MMV, to the online payment provider, and to its contractual partners, such as hotels. MMV cannot register the reservation without this information.
2. The personal data protection policy is available under the www.mmv-resort-spa-cannes.fr tab
3. If a customer has made a hotel booking through www.mmv-resort-spa-cannes.fr and unless he has specified otherwise, MMV is authorized to send him, via email, the company newsletter, promotional offers and a customer satisfaction questionnaire after his hotel stay.
4. The customer has the right to oppose, without charge, the use of his personal data for canvassing purposes, in particular, those that are commercially-related. The customer may also unsubscribe from these communications at any time by clicking on the unsubscribe link at the end of each commercial email.
5. The customer is hereby informed that all personal data collected shall undergo automated handling, for which MMV is responsible.
6. The handling of these data shall enable MMV to:
- fulfill its obligations to the customer
- inform the customer of special offers and any new services created by MMV
8. The customer authorizes MMV to communicate his personal data to third parties on the condition that such communication is deemed necessary to MMV carrying out its operations as stated in these terms and conditions.
9. In order to fulfill the hotel reservation contract, customer bank details must be transmitted to the hotel's bank using the payment service provider myFidelio for online payments in particular. The customer is hereby informed that this data transfer may therefore be carried out in foreign countries that do not have adequate personal data protection in accordance with the French law on data processing and civil liberties. The customer, however, consents to this transfer in order for the contract to be fulfilled. myFidelio has made a professional commitment to MMV to ensure that all possible security and confidentiality assurance measures are taken during the aforementioned data transfers.
17. AGREEMENT ON EVIDENCE
1. The specification of necessary bank details and the acceptance of these terms and conditions and the reservation form or reservation request constitute an electronic signature equivalent in value to a physical signature between the parties.
2. The computerized records retained in MMV's IT systems shall be retained under reasonable levels of security and considered as proof of communication, orders and payments between the parties.
3. The customer is hereby informed that his IP address is recorded at the time of reservation.
18. APPLICABLE LAW
1. These terms and conditions of sale are governed by French law,
2. applicable to both substantive and procedural rules.
19. ENTIRETY OF AGREEMENT
1. These terms and conditions, the conditions of sale of the rate reserved by the customer, and the reservation form or request express the parties obligations in their entirety.
2. These terms and conditions override all general or specific conditions communicated by the customer.
3. The documents constituting the contractual obligations between the parties are, in order of decreasing priority; the reservation form or request (covering the specific conditions of the reserved rate) and these terms and conditions.
4. In case of discrepancy between the reservation form and the terms and conditions, only the clauses of the reservation form shall apply for the obligation in question.
