Pure Montagne is a simplified joint-stock company, with a capital of 200,000 euros, whose registered head office is at the “Le Centaure” building, 64/66, route de Grenoble in NICE (06200), France, registered in the NICE Trade and Companies Register under number 852 276 625, intra-community VAT number: FR00 852 276 625
Its main purpose is to operate the Pure Montagne Resort Establishment located at SAINT MARTIN VESUBIE (06450), 219, Avenue Marquise de Saravalle, France.
The purpose of these General Conditions is to set out the terms and conditions for reserving the Services that the Pure Montagne Resort Company offers its Customers either on its Site www.puremontagneresort.fr or by calling the Reservation Department at +33 (0)4 23 04 00 00 or directly on the premises.
The terms “we” and “our” refer to the Pure Montagne Resort Company.
The Customer is encouraged to carefully read these General Conditions, as unreserved acceptance of them is mandatory for reserving any Service offered by the Company.
The said General Conditions and the Special Conditions specified during reservation set out the entire extent of the responsibilities of all parties.
If there is a contradiction between the Special Conditions and the General Conditions, the Special Conditions take precedence for the obligation in question.
Beforehand, the Customer declares that their reservations are made exclusively for their personal needs.
As such, the Customer cannot individually book more than 3 units of accommodation per reservation on the Site. If more accommodation is needed than this, the Customer must contact the Reservation Department.
The Customer declares they have the full legal capacity allowing them to commit themselves to these general conditions.
Any reservation made by a minor (between 16 and 18 years old) will be invalid.
We insist that all Customers must, on arrival, present a valid identity document.
Foreign residents, including accompanying persons and adolescents over 15 years old, must fill out an “individual police file”.
Lastly, the Customer is solely responsible for the choices made during their reservation, for any personal details sent as a result of this or for the use of their account and for any reservations made, both in their personal name and on behalf of third parties, including minors, except in cases where fraudulent use resulting from no fault or negligence on their part can be demonstrated.
We offer room reservation services or other types of accommodation as well as additional services, hereinafter referred to.
3.1. Accommodation services
We enable you to book rooms or other types of accommodation within the Establishment, especially via this Site.
The essential characteristics of said accommodation, the dates of availability, their price, the options offered, the special conditions of sale applicable to the selected rate (conditions of modification, cancellation, etc.) and the conditions of payment are presented to you during the reservation process described below in article 4 of these Conditions and before any confirmation.
The Special Conditions applicable based on the rate selected are usually the following:
–Preferential rate for non-modifiable, non-refundable, non-cancellable accommodation services with full and mandatory prepayment at the time of booking on the Site;
–Rate for accommodation services that can be modified, cancelled and refunded 15 days before the Customer’s arrival with compulsory payment of a 40% deposit at the time of booking as well as a guarantee.
3.2. Additional services
When you make your reservation, we may also offer you Additional Services such as breakfast, room service, a bottle of champagne on your arrival or an accommodation upgrade.
Customers can make reservations through the Site via stages defined as follows:
–Customer performs a search (date of stay, number of nights, number of people and/or children, any additional services);
–Customer is shown search results, namely the details and characteristics of the accommodation (standard, size of the room, TV, minibar, etc.), length of stay, options offered (example: breakfast, Wi-Fi access, etc.), total price of the reservation including details of applicable taxes (except tourist taxes) and all applicable Special Conditions (conditions of modification, cancellation, etc.);
–Customer is shown an overview of the Accommodation Service reservation and any Additional Services chosen, including a general reminder of the main characteristics (length of stay, characteristics of the Accommodation Service and/or Additional Service(s), total payable including tax with details of applicable taxes);
–Customer enters information about their identity and contact details either by logging into their existing account, or by filling in all the mandatory fields specified by an asterisk;
–Customer finalises reservation (i) after having read and accepted the General Conditions and Special Conditions relating to the reservation, (ii) completion of the payment method fields (credit card number, expiry date, etc.) whether there is total or partial prepayment of the reservation before the stay, or if there is a reservation guarantee request, (iii) and then Customer presses the “CONFIM” “PAY” “RESERVE” button;
–the reservation is registered and accepted by the Establishment;
–A booking confirmation email is sent summarising the Service(s) reserved, the price(s), the Special Conditions accepted by the Customer, the date of the reservation, information about the after-sales service and access to the General Conditions.
If said confirmation email is not received, it is the Customer’s responsibility to contact customer services to ensure that their reservation has been successfully registered.
Lastly, we insist that any reservation or any payment that is irregular, inoperative, incomplete or fraudulent will result in the reservation of this Service being cancelled at the Customer’s expense.
The prices for reservations are shown before, during and after the reservation.
Prices for accommodation services are per room or other accommodation type, per number of person(s) and on the date selected.
Unless otherwise stated on the Site, non-reserved options and/or additional services (such as breakfast, for example) are not included in the price.
The prices are shown in euros and all taxes are included, applicable on the day of the reservation.
Any change in the rate applicable because of VAT and/or modification, or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the price given during invoicing.
The tourist tax, which you will be shown when reserving the Service, must be paid directly on the premises to the Establishment.
As specified by the special reservation conditions, the Customer must enter their payment details:
–either to proceed with paying for their reservation before their stay, if they selected non-refundable, non-modifiable, non-cancellable Accommodation Services (6.1);
–or to pay the 40% of the reservation as a deposit and 60% 15 days before the start of the stay (including Accommodation Services and Additional Services) if they have chosen Accommodation Services that are modifiable and cancellable until 15 days before the Customer’s arrival (6.1);
–and as on-site pre-authorisation as a guarantee (i) for paying the deposit and any consumption/expenditure (6.3).
6.1 The Customer prepays either when they pay fully for the Services at the time of their reservation or when they pay a deposit in accordance with the Special Conditions applicable to their reservation.
Prepayment debits the Customer’s bank account.
6.2. At the time of booking, we send an authorisation request, also called “pre-authorisation”, to the Customer’s bank for use of their bank card, so we can guarantee that the reservation total will be paid (i.e. 60% of the total reservation price) if the Customer has selected modifiable, refundable and cancellable Accommodation Services in accordance with the applicable Special Conditions.
This pre-authorisation request is not an immediate debit but is a reserve for subsequent payment, authorised by the Customer’s bank, which temporarily reduces the limit on the bank card used.
If there is no modification or cancellation of the reservation within the specified time, e.g. within 15 days at the latest of the Customer arriving, we will send the Customer’s bank a debit request.
Releasing the pre-authorised amount usually takes twenty-four (24) to forty-eight (48) hours but the timeframe may be up to seven (7) business days or more, depending on the Customer’s bank.
6.3. Lastly, on the day of the Customer’s arrival, we can request pre-authorisation from the Customer’s bank to use their bank card to cover any of the Customer’s on-site extras or expenses (breakfast if not included in the price, restaurant, bar, tourist tax if applicable, etc.).
A flat-rate amount is set at 50 euros per day and per adult, up to a maximum rate of €600 per adult.
When the pre-authorisation request has been activated and confirmed by the bank:
–Either the Customer pays their extras and expenses directly to our Establishment when they check out and in this case, we will ask the Customer’s bank to cancel the pre-authorised reserve;
–Or the Customer does not show up on the day of their departure and we will send the Customer’s bank a debit request.
As a method of payment, we accept bank cards (Visa, Eurocard/Mastercard, American Express, Carte Bleue).
We have chosen System Pay to secure online payments by credit card using 3D Secure. The Customer’s payment card will undergo security checks (checking of the outstanding balance, the card’s country of issue, the IP address country, etc.) by our designated partner and may be rejected for several reasons such as this is a stolen or blocked card stolen, credit limit reached, an error with the details entered, etc.
Bank card data is only stored by our banking network, according to a strict banking data security policy.
Accepting these General Conditions and Special Conditions by electronic means as well as entering the required banking details both constitute an electronic contract between the parties which also constitutes proof to these parties that the Service has been reserved and that payment shall be made for said reservation.
In accordance with Article L. 221-28 paragraph 12 of the French Consumer Code, please remember that the Customer does not have the right of withdrawal set out in Article L. 221-18 of the French Consumer Code, as this right does not apply to contracts about providing accommodation services which must be provided on a specific date or period.
For each reservation, the Special Conditions stipulated during the reservation process inform the Customer about the terms of cancellation and/or modification and/or reimbursement of the reservation.
9.1 If there’s a modification request
Customers may not request modifications or refunds for non-modifiable Accommodation Services as specified in the Special Conditions, and which have been prepaid, as applied by articles 1590 of the French Civil Code and L 214-1 of the French Consumer Code.
In other cases and if the Special Conditions allow this, the Customer may request to modify their reservation FIFTEEN (15) days at the latest before their arrival at the Establishment, by phoning the Reservation Service or emailing them at the following address : firstname.lastname@example.org
Otherwise, the Customer can no longer request a modification to their reservation, which has now been finalised.
9.2. If there’s a cancellation request
Customers may not request any cancellations or refunds for non-cancellable Accommodation Services as specified in the Special Conditions, and which have been prepaid, in application of articles 1590 of the French Civil Code and L 214-1 of the French Consumer Code.
In other cases and if the Special Conditions allow this, the Customer may request to cancel their reservation FIFTEEN (15) days at the latest before their arrival.
If there’s a cancellation request within the allotted time, we will refund the deposit (40% of what the Customer paid for their reservation) which they already paid during the reservation process and they will receive this within 30 days of the cancellation request they sent by email to the following address : email@example.com.
We will also request the Customer’s bank to cancel the pre-authorisation request within the same timeframe.
If you do not request a cancellation within the allotted time, your reservation becomes final. We will therefore not refund you what you prepaid for the reservation nor for the pre-authorised debiting of you account, in application of articles 1590 of the French Civil Code and L 214-1 of the French Consumer Code.
If the Customer does not show on the first day of their reservation for an Accommodation Service, the Customer’s reservation will be immediately cancelled and we will list the Accommodation Services that were reserved as available.
The Customer will not be entitled to any reimbursement or any compensation.
If the Customer leaves prematurely, they are not entitled to any refunds.
The Customer and all their companions accept and undertake to respect the Establishment’s Rules namely:
–They must wear decent attire and behave properly, not contravening public decency or law; there must be no public drunkenness, and they must keep noise levels below that likely to disturb other Customers or staff;
–They must be respectful and courteous, refrain from all comments of a sexual, racist, anti-Semitic and homophobic nature, as well as any form of harassment;
–They must refrain from any behaviour that could affect other Customers’ relaxation, especially from 10 p.m. to 8 a.m.
–They may not transfer their reservation to a third party for payment or for free as this reservation is in their name only;
–They may not bring third parties into the accommodation without having obtained the Establishment’s authorisation;
–They may not bring animals, even pets, into the Establishment, as these are not allowed;
–They must let the cleaning staff access their accommodation at least once a day so that the premises can be cleaned and they must leave their accommodation before 12 noon at the end of the stay;
–They must comply with the specified occupant numbers in the accommodation provided when booking, for obvious security reasons;
–They must look after the badge or keys that provide entry into their accommodation, must not entrust it to a third party and must report any loss or theft immediately to reception;
–They must ensure that the door to their accommodation is securely closed before leaving it or going to bed;
–They must ensure that they place items considered to be of value in the safes provided in the accommodation, as we cannot be held liable in this regard;
–They must keep an eye on their luggage or personal effects in public areas as they are the sole persons liable for this;
–They must pay for all their on-site extras or expenses;
–They must refrain from smoking or introducing any illegal and/or dangerous substance or object into the Establishment’s premises under penalty of a fine;
–For obvious safety reasons, they must refrain from using any combusting device or gas in the grounds of the Establishment;
–The must not damage the premises or items within the accommodation or in the common areas, as they must pay for any breakages.
The Customer is responsible for all damage caused by them and/or their occupants of their accommodation within the Establishment and shall bear all the costs generated by this damage and/or by non-compliance with the aforementioned regulations.
Any behaviour contrary to the principles of safety and/or hygiene, public decency and/or public order may result in us asking the Customer to leave the Establishment as well as all the people sharing their stay.
We may also reject any future reservations.
We cannot be held liable if there is any failure, breakdown, difficulty or interruption in operations, preventing access to the Site or to one of its functions.
The Customer therefore waives any action against us on this account.
Lastly, the Customer acknowledges and accepts that the internet network, and more generally any telecom network used for the purposes of data transfer may involve risks due to there being a lack in protecting certain data against possible misappropriation and the risk of contamination by viruses. Also, we cannot be held responsible for any loss or alteration of data, any loss of profit, turnover, opportunity, time or any indirect damage, whether said loss or damage is due to negligence, or any other cause, related to the execution or non-execution of the Conditions of Service.
Any instance of force majeure automatically means that performance of parties’ reciprocal obligations is suspended. The cases usually recognised as such by the jurisprudence of the French Courts are considered as cases of force majeure.
If there is a health crisis or any other exceptional circumstance, if the competent authorities have taken measures restricting access or even prohibiting the total or partial use of certain spaces open to the public, the Customer is hereby informed that we cannot provide certain services other than accommodation (access to the restaurant, spa, etc.) without our liability being called into question.
In such cases, the Customer may not claim any reimbursement for the sum they paid or any discount either.
When the Customer uses the Site, and especially when they make a reservation, we process and collect personal data according to the conditions described in the “Personal data processing policy” which you can view in the “Personal data processing policy” section on the Site’s lower banner or by clicking on the following link : Charte sur le traitement des données personnelles.
The Customer acknowledges having read and accepted the said Policy before making their reservation.
To reserve a Service available on the Site, the Customer can contact our Reservation Department on +33 (0)4 23 04 00 00 from Monday to Sunday, 8:00 a.m. to 9:00 p.m. (Paris time).
For further questions about Services reserved on the Site (requests for additional information, the modification or cancellation of a reservation), the Customer should contact the Reservation Department directly or send an email to the following address firstname.lastname@example.org.
For any comments and/or complaints about reserving a Service on the Site (complaint, non-performance or poor performance of the Service), you may contact Customer Service by phone on +33(0)4 23 04 00 00 from Monday to Friday, 8 a.m. to 7 p.m. (Paris time), by email at email@example.com, or by post at 64-66 route de Grenoble 06200 NICE, France.
To make it easier for us to process complaints, please contact customer service about non-performance or poor performance of Services in writing within eight (8) days after the Service was performed.
The General and Special Conditions are governed by French law.
If there’s a dispute relating to these General and/or Special Conditions, the Customer is informed that they may have recourse to a conventional mediation procedure or to any other alternative method of settling disputes, under the conditions set out in Chapter I of the Book. VI of the French Consumer Code.
After having contacted the Establishment to try to resolve the dispute amicably, and if there’s a negative response or no response within sixty (60) days of the referral, the Customer may refer the matter to the Tourism and Travel Mediator – BP 80303 – 75823 Paris Cedex, France.
A Customer may refer it to a Mediator within twelve (12) months after the first complaint using the referral form available at the following link: https://demarchesadministratives.fr/formulaires/apercu/