Gebruiksvoorwaarden

Preamble

These general terms and conditions of use (hereinafter, the “T&Cs”) apply to any natural person and/or legal entity (hereinafter, a “User”) browsing the Site.

Their purpose is to define the detailed terms and conditions under which Users use the Site allowing the identification of the hotel establishments operated under the Sofitel brand (hereinafter, the “Establishments”) which offer services including meeting rooms and organize seminars and events for groups of leisure and/or business travelers.

By selecting one or more Establishments, the User can access an estimate request form and receive a response from the Establishment contacted via his or her user account.

These T&Cs set out all of SOLUXURY HMC’s obligations to the User with regard to the use of the Site.

The User has the option to save and print these T&Cs by using the standard functionalities of his or her browser or computer.

1. Liabillity 

The information available on the Site is presented and offered to Users in good faith.

The User acknowledges and accepts that, given the technology currently available, SOLUXURY HMC is unable to guarantee that the Site will be constantly available without interruption. In the event of issues concerning the functioning of the Site, SOLUXURY HMC will take all measures considered useful thereby to remedy such issues. 

SOLUXURY HMC will have no liability for any harm that may result from any use of the Site by the User in violation of these T&Cs. Similarly, SOLUXURY HMC rejects any liability in the event of problems concerning the functioning of the Site or of any harm resulting from fraud perpetrated by third parties or Users.

The Establishments are operated by legal entities which are separate from SOLUXURY HMC.  The Establishments are linked to SOLUXURY HMC (or any ACCOR group legal entity) via an agreement under which SOLUXURY HMC provides hotel expertise, brands, and miscellaneous services including digital services.

In particular, the Site allows the Establishments to feature on a dedicated web page certain information and content relating to the services offered and to make modifications thereto at their sole liability and under their sole control.

By booking meeting rooms, seminars, or events using the form provided on the Site, the User signs a services booking agreement directly with the Establishment concerned.

As a consequence, the User will be unable to claim any liability on the part of SOLUXURY HMC or any ACCOR group company on the basis of breaches for which the Establishment is liable, in particular, any concerning (i) the failure to respond or late or erroneous responses from the Establishments asked to provide estimates, (ii) the formation and execution of agreements for the provision of the services reserved by the User, (iii) or the veracity and accuracy of the information and content published by the Establishments on the Site

In the event of links to websites published by third parties over which SOLUXURY HMC has no control (hereinafter, “Third-Party Sites”), SOLUXURY HMC accepts no liability whatsoever as to the content and services of the Third-Party Sites or the content and services to which the Third-Party Sites may link.

In this respect, it is hereby stipulated that SOLUXURY HMC’s partners are responsible for the promotion of the offers published on the Third-Party Sites. SOLUXURY HMC is not responsible for the modification or updating of the Third-Party Sites. SOLUXURY HMC is not responsible for the transfer of information from the Third-Party Sites or for any malfunctions relating thereto.

The User therefore has full and entire responsibility for the decision to consult the Third-Party Sites.

2. Description of the services – User pathway

The Site allows the User to identify Establishments which offer the booking of meeting rooms, the organization of seminars, and other events.

The Site allows the User to submit a request for an estimate and to create an account via two pathways:

• Either from the hotel page of the Establishment selected   
• Or from the “meetings and celebrations” page of the Site, by searching for all of the Establishments available within a pre-defined geographical area meeting the criteria selected in the request. In the search engine, the User selects those Establishments within the geographical area defined from which he or she wishes to obtain an estimate. One or more Establishments can be selected from this list.
• Once the Establishment(s) have been selected, the User is invited to fill out a form to complete the request: group type, dates, number of participants, number of bedrooms required (minimum of 1 bedroom), budget, catering services required, meeting rooms, and any other useful information.
• The User provides certain personal information required for the creation of his or her user account. Fields marked with an asterisk must be filled out in order to create a user account.
• The User then clicks “submit my request” and confirmation that the request has been sent is displayed.
• Once the request for an estimate has been sent by the User, he or she can receive replies directly from the Establishment(s) via email or via the user account.

3. Account use

Access to and use of the Site services by Users are subject to the creation of an account. The User logs into his or her account via a user name and a password or a 6-digit code (received via email).

To create an account, the User must provide all of the information requested and identified as compulsory via an asterisk. The User undertakes to submit information that is accurate, truthful, complete, and up-to-date, in particular regarding identity and contact details. SOLUXURY HMC may refuse to create an account if complete and accurate answers have not been provided during the account opening process.

We advise Users to set their passwords as follows: minimum of 10 characters including at least three of the following: one upper case letter, one lower case letter, one number, one special character.

Forms containing incomplete or erroneous data will not be processed and the User will be informed via a contextualized message.

The User may update or modify his or her data via the “My Profile” section.

Account access blocked: Passwords can be re-set if forgotten by the User. To reset a password, the User selects the “forgotten password” option in the Platforms, then provides the user name.  A message is then sent to the email address provided by the User when opening the account, indicating the steps to take to reset the password.

4. Behavior 

The User acknowledges that any use of the Site is at his or her sole liability. The User must in particular guard against the dangers inherent in use of the internet and take all necessary measures to protect his or her information.

The User shall use the Site in a responsible manner. The User shall (i) have the capacity necessary for the use of the Site, (ii) comply with the laws in force, including those of the country from which the User access the Site, (iii) provide data that is accurate, exhaustive, and up-to-date where necessary, (iv) respect all rights, in particular, intellectual property rights, belonging to SOLUXURY HMC and to third parties.

In addition, the User shall not (i) use any false identity, (ii) provide SOLUXURY HMC and/or the Establishment with false, stolen, or erroneous contact details, (iii) breach or attempt to breach the Site security or authentication measures, as applicable.

Any Request for an estimate that is irregular, inoperative, incomplete, or fraudulent due to action on the part of the User will lead to the cancellation of the request for an estimate, without prejudice as to any civil or criminal legal action that may be taken against the latter.

5. Intellectual Property/Copyright 

SOLUXURY HMC holds the intellectual property rights necessary for the use of each of the elements, including the domain name, marks, logos, brands, designs, illustrations, photographs, text, graphic elements, and other files used on the Site.

None of the component parts making up the Site may be copied, reproduced, modified, re-edited, uploaded, altered, forwarded, or distributed in any manner whatsoever, via any media whatsoever, in whole or in part, other than with the prior written authorization of SOLUXURY HMC, except for strictly personal, private, and non-commercial use, without modification of the component parts featured on the Site.

Any other use of the Site or its component parts would constitute a violation of the rights of SOLUXURY HMC, subject in particular to the sanctions applicable to copyright infringement set out in Articles L355-2 et seq. of the French Intellectual Property Code.

SOLUXURY HMC, or any other holder of these rights, may take any measures or actions, including legal action, in order to bring to an end any infringement of its rights, and reserves the right to claim damages.

6. Personal Data

For more information on the way in which your personal data are processed, please see the Site data protection notice. 

7. Cookies and other trackers 

For more information on the use and management of cookies and other trackers on the Site, please see the sections on this subject in the Site footer or click this link:

https://all.accor.com/a/nl/information/cookies-policy.html

8. Force majeure 

Force majeure means any event which is beyond the control of one of the parties, which could not reasonably be foreseen at the time of signature of the agreement, and the effects of which cannot be avoided via appropriate means, preventing the performance of all or part of the obligations set out in the agreement. Cases of force majeure or Acts of God are as habitually recognized by the case law of the French Courts.

Each party shall have no liability with regard to the other party if the non-performance of the respective obligations results from an event of force majeure. It is expressly agreed that, for the parties, force majeure suspends the performance of their reciprocal obligations and that each party must bear any costs resulting therefrom.

In particular, SOLUXURY HMC shall have no liability in the event of a case of force majeure as defined above, including if the case of force majeure impacts any one of its subcontractors.

9. Langues

The Site is available in French, English, Italian, Spanish, Portuguese, and German. The French language version shall prevail and if the Site is translated into another language, the French language version shall take precedence over any translation in the event of a dispute, lawsuit, difficulties regarding the interpretation or performance of these terms and conditions and, more generally, concerning the relations between the parties.

10. Severability 

Should one or more of the provisions of these T&Cs be held to be invalid or declared invalid in application of any law, regulation, or further to a res judicata decision handed down by a court having jurisdiction, all other provisions shall retain full force and effect.

11. Changes/Modifications to the Terms and Conditions of use

The T&Cs apply for the entire period during which the Site is made available online.

SOLUXURY HMC reserves the right to modify, complete, and/or update these T&Cs dated September 12, 2024, at any time. The new T&Cs will come into force on the date of their publication on the Site.

The User must therefore refer on a regular basis to the most recent version of the T&Cs available without interruption on the Site and which are enforceable upon the User. Any use made of the Site after modification of the T&Cs constitutes acceptance of such new T&Cs by the User.

12. Governing law and disputes 

Both the Site and the terms and conditions applicable to its use are governed by French law, without obstacle to any mandatory protective provisions potentially applicable in the place of residence of the consumer.

Should a dispute arise, the User and SOLUXURY HMC shall first of all seek a negotiated settlement. If no such settlement can be reached, the user may submit the dispute to France’s Travel and Tourism Mediator.

• Link to the website:

https://cloud7.eudonet.com/Specif/EUDO_03874/FormulaireDossierLitiges/index.aspx .

• Mailing address: MTV Médiation Tourisme Voyage BP 80 303 – 75 823 Paris Cedex 17, France.

SOLUXURY HMC also hereby informs the User of the existence of the European Online Dispute Resolution (ODR) platform which the User may also use. The platform can be accessed by the User via this link: https://ec.europa.eu/consumers/odr/.

Disputes may be brought before any of the courts having geographical jurisdiction pursuant to the provisions of the French Code of Civil Procedure or the French Consumer Rights Code.