General Terms and Conditions of Sales

Website URL:WWW.THERMES-SAINT-GERVAIS.COM

Contact:
contact form
Telephone: +33 (0)4 50 47 54 57

Publishing Director: Maud Durand

Publisher: Thermes Saint-Gervais Les Bains, Le Fayet, a simplified joint-stock company with a sole shareholder and a share capital of €1,047,014, registered with the Annecy Trade and Companies Register under number 605 920 172, with its registered office located at 355 Allée du Docteur Lépinay, 74170 Saint-Gervais-les-Bains, France, acting on behalf of its brand THERMES DE SAINT-GERVAIS (hereinafter the “Publishing Company” or “We”).

Intra-Community VAT Number: FR 25 605 920 172

Hosting Provider:Hébergement par la société : COSPAL , SAS au capital de 1 000 Euros - RCS 933 741 639PARIS - Siège social : 3 RUE CHAUVEAU-LAGARDE, 75008 PARIS - N° SIRET : 93374163900019 - Code APE : 4645Z - TVA intracommunautaire : FR50933741639

We welcome you to the website https://www.thermes-saint-gervais.com/ (the “Website”).

We invite you to carefully read these General Terms and Conditions of Sale (the “Terms”), as well as the Website Terms of Use and Personal Data Policy, which govern your browsing of the Website and our relations should you place an order for services related to the booking and sale of a thermal spa stay, a SPA treatment, or a gift card offered by Les Thermes de Saint-Gervais.

Any booking or order placed on the Website implies that you have read and explicitly accepted the Terms by ticking the box provided for this purpose during the ordering or booking process.

These Terms apply exclusively, to the exclusion of any other terms, including those applicable to in-store sales or via other distribution or marketing channels.

In accordance with applicable legislative and regulatory provisions, it is reminded that the validation of the order form as specified herein constitutes an electronic contract between the Parties, serving as evidence of the entirety of the order and the enforceability of the sums due in execution of said order.

For the purposes of these Terms and Conditions of Sale (“Terms”), the following expressions shall have the meaning set out below:

• “You” or the “Buyer” refers to the individual browsing the Website and/or placing an order for Services on the Website.
• “We” or the “Seller” refers to the company identified in the legal notice above.
• The Buyer and the Seller shall collectively be referred to as the “Parties” and individually as a “Party”.

Specific Terms

• “Subscriptions”: Services offered by the Company to the Buyer on a recurring basis over a defined period and schedule, granting access via a personal access card.
• “Buyer”: The contracting individual, of legal age, acting for non-professional purposes, and having the legal capacity to enter into these Terms. The Company shall not be held liable for orders or Website use by minors.
• “Baths”: The hydrotherapy circuit offered within the Thermal Spa.
• “Beneficiary”: Either the Buyer or a third party who benefits from the Services, depending on whether the Buyer uses the Services personally or provides them as a Gift Card.
• “CE Voucher”: A card that can be used by the Beneficiary for access to the Thermal Spa outside peak season. During peak season, the Beneficiary must pay an additional flat fee of €5 to access the service.
• “Gift Card”: A card that can be used by the Beneficiary to access the Services purchased by the Buyer. It is single-use and valid for one year from the date of purchase.
• “Promo Code”: A discount code applicable to entry at the Thermal Spa. Proof of entitlement may be requested upon arrival; otherwise, the applicable surcharge may be required.
• “Order”: The sales contract concluded between the Company and the Buyer. Each order is binding and may include one or more Services and/or Subscriptions.
• “Order Confirmation”: The email sent to the Buyer once the deposit or full payment has been received.
• “Booking Confirmation”: The email sent to the Beneficiary once the reservation has been made, specifying the date and time of the Services.

• “Cure” or “Thermal Cure” or “Non-State-Approved Cure” or “Short Thermal Treatment Programme” or “Complementary Programme” refer to a medical treatment offered by the Seller, based on treatments using the natural mineral waters from the thermal springs of Saint-Gervais Mont-Blanc, to the exclusion of any other service (accommodation, catering, transport).

Cures are divided into:

contracted cures, prescribed by a physician and which may be partially covered by the compulsory health insurance system;

Non-State-Approved cures, Mini Cures or Complementary Programmes, undertaken at the client’s own initiative and not covered by the health insurance system.

Unless otherwise stated, the terms “Cure” or “Thermal Cure” shall include both contracted cures and non-contracted cures, as well as Mini Cures and Complementary Programmes.

• “Expiry Date”: The date indicated on the Order Confirmation or Gift Card by which the Beneficiary must use the Services.
• “Formulas”: Care packages combined with access to the Mont Blanc Baths, offered by the Company and delivered within the Spa.
• “Parties”: Collectively or individually, the Buyer, the Beneficiary, and the Company.
• “Service(s)”: Wellness services offered for sale by the Company.
• “Internal Regulations”: The set of rules governing the operation of the Thermal Spa. To consult the Internal Regulations, click here.
• “Booking”: The date(s) and time(s) agreed upon by the Buyer or Beneficiary and the Company for the delivery of Services.
• “Website”: The Company’s website through which Services can be ordered, accessible at www.thermes-saint-gervais.com.
• “Thermal Spa”: The full infrastructure of the spa, including the Baths and Treatment Areas.
• “Seller”: SA THERMES ST GERVAIS LES BAINS LE FAYET, a simplified joint-stock company (SASU) with a share capital of €1,047,014, registered with the Annecy Trade and Companies Register under number 605 920 172, with registered office at 355 Allée du Docteur Lepinay, 74170 Saint-Gervais-les-Bains, France – VAT number: FR 25 605 920 172.

The Services offered on the Website are reserved for individuals who:

1. Are of legal age (or minors holding authorisation from their legal representative permitting them to make a booking and/or place an order on the Website); and

2. Possess full legal capacity to place orders and make bookings on the Website.

We reserve the right at any time to request proof of identity confirming your age and/or the authorisation of the aforementioned legal representative. We further reserve the right not to process an order or booking and/or to exclude from our client/prospect database any Buyer who fails to provide such proof or does not meet the requirements set out in this clause.

It is specified that the Services are intended for the personal use of the Buyer or the Beneficiary.

ON THE WEBSITE

To make a Reservation and place an online Order, the Purchaser must first log in to the Website.

The Purchaser may then consult the various Services offered for sale on the Website on the day of consultation and select the desired Services by (i) browsing through the different categories of Services, or (ii) entering the name of the Service directly in the search engine, or (iii) clicking on one of the pages listed in the Website map located at the bottom of each page, thereby accessing the entire range of Services.

While browsing the Website, any Purchaser wishing to make a reservation must complete the reservation form available on the Website. Once this step has been completed, the Purchaser will see the number of Services added to their basket.

The Purchaser is reminded that the content of the basket may be subject to an expiry period.

Once the selection of Services is complete, the Purchaser may place an Order by confirming it using the appropriate button. The Purchaser must log in to their personal account to finalise the Order.

A new page will then open, inviting the Purchaser to:

• enter their login details (email address) and password if already registered on the Website;

• accurately complete a personal data collection form by filling in all mandatory fields.

The Purchaser undertakes to complete the form provided in good faith. The Purchaser acknowledges that the data communicated to the Seller, and stored within the Seller’s information systems and/or those of its subcontractors, is accurate and constitutes proof of identity. The Purchaser is reminded that such personal data is governed by the Personal Data Policy accessible here.

After logging in to the customer account and definitively validating the basket, the Purchaser is invited to click the button giving access to payment for the Order under the conditions set out in the “PAYMENTS” section of these terms.

By clicking the button giving access to payment, the Purchaser must first read the present General Terms and Conditions of Sale (GTCS) and then confirm their acceptance of them by completing the acceptance action required on the Website (for example, by ticking a box).

Once the Purchaser confirms acceptance of the GTCS, a webpage dedicated to payment opens. All Orders imply an obligation to pay, meaning that placing an Order requires payment by the Purchaser.

The Purchaser must then proceed with payment of the Order in accordance with the provisions of these GTCS.

Where the Purchaser selects payment by bank card, as set out in the “SERVICES – PRICE – PAYMENT” section below, the Purchaser will be automatically redirected to the secure payment provider’s server. The payment provider’s server is secured using SSL (Secure Socket Layer) encryption, ensuring maximum protection for all payment data. At no point do the Purchaser’s banking details pass through the Seller’s IT system. The Seller therefore bears no responsibility for this process.

Computerised registers or any other data stored by the Seller constitute proof of all transactions undertaken between the Seller and the Purchaser.

Once the Order is confirmed and payment validated under the conditions set out herein, a printable and savable summary of the Purchaser’s Order is displayed, indicating in particular the Order reference.

A confirmation email is sent by the Seller as soon as possible to the Purchaser’s email address, containing in particular:

• The Seller’s identity and contact details;

• The Order reference registered upon submission;

• The Order summary and the essential characteristics of the Services;

• Delivery timeframes, costs, and any applicable delivery restrictions;

• The total amount of the Order, including all taxes;

• The Purchaser’s legal rights and guarantees;

• Confirmation of payment;

• The present General Terms and Conditions of Sale;

• The withdrawal form.

It is expressly agreed between the Seller and the Purchaser that emails constitute proof between the Parties, as do the automatic recording systems used on the Website, particularly regarding the nature and date of the Order.

The Purchaser may, in accordance with common law, access the electronic contract concluded with the Seller. For this purpose, the Purchaser must contact Customer Services and provide all necessary information, particularly the Order number and personal contact details.

In all cases, the Seller reserves the right to refuse any Order for legitimate reasons and, in particular, in cases of suspected fraud. Likewise, any Order or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Purchaser will result in cancellation of the Service at the Purchaser’s expense, without prejudice to any civil or criminal proceedings.

a. Specific Booking Terms for a Cure

The Seller offers reservations for thermal Cures corresponding to the pathology to be treated, each Cure being described in detail on the Website.

The Purchaser acknowledges having read the booking conditions, all characteristics of the proposed Cure, and having sought and obtained any necessary or additional information in order to make a fully informed reservation. The Purchaser is solely responsible for their choice and its suitability to their needs.

At the time of booking, the Purchaser undertakes to provide accurate and truthful information regarding all questions asked and, where applicable, to supply supporting documents.

Regardless of the booking method, the Seller will notify the Purchaser, subject to availability, of acceptance of the reservation within a maximum of 15 calendar days following the request.

This confirmation will be sent via email and/or postal mail and will include a detailed summary of the Cure and any additional Services reserved.

The Seller reminds the Purchaser of the need to provide a primary email address and/or postal address that remains valid until completion of the Cure.

Any communication sent by the Seller to this address is deemed to have been received and read by the Purchaser, who therefore undertakes to check incoming communications regularly and respond promptly if required.

The reserved Cure, whether freeform or convention-based, is non-transferable and non-assignable. It may not be transferred or assigned to any third party.

b. Specific Booking Terms for a Treatment or Gift Card

The Seller offers for sale Treatments, combined with access to the Mont Blanc Baths, carried out within the Thermal Spa.
To view prices and details of the Treatment offers, click here. During the Treatment, the Beneficiary may also enjoy three hours' access to the thermal spa.

The Seller also offers various Subscription packages for services available within the Spa.
To view prices and details of available Subscriptions, click here.

Any change to the Subscriptions offered by the Seller (closure due to works, force majeure, etc.) will be communicated to the subscriber.

The Purchaser may consult the essential characteristics of the Services directly on the Website before placing an Order. Any request for complementary information or advice must be addressed to the Spa using the contact details below.

Once the Purchaser has received their Order Confirmation, or the Beneficiary has received their Gift Card, they may book the date(s) and time(s) for the performance of the Services. Reservation of the Services is compulsory.

Given the long Validity Period of the Services, their content may be redefined over time and may not exactly match the description given in the Order Confirmation or Gift Card. The Seller shall not be held liable for such discrepancies.

Reservations must be made online, by email or at the front desk.
A Reservation Confirmation will be sent within 48 hours by email. This email must be retained as proof of reservation.

Teenagers aged 13–18 may access the thermal Spa only upon reservation and accompanied by a parent.
Children under 13 are not permitted in the Spa except specific sessions (Family - Baby) only upon reservation and accompanied by a parent.
Animals are not accepted in the Spa.

The Seller permits the Purchaser to gift the Service(s) to a third-party Beneficiary through a Gift Card specifying the name of the Services, the Order number, and the Validity Period.

Gift Cards are valid only for the Service(s) selected at purchase.

The Seller reserves the right to refuse to provide Services to anyone who acquired a Gift Card outside the authorised distribution network, notably via a private individual.

c. Receipt and Delivery of the Gift Card — BY POST

For an additional charge of €5, the Gift Card is delivered to the postal address provided by the Purchaser. Once prepared, it is dispatched to the indicated address via postal services or a specialist provider (the “Carrier”).

If the Purchaser is absent, the Carrier will leave a delivery notice. The Purchaser must then contact the Carrier to arrange a new delivery date. If the Purchaser does not contact the Carrier, two further delivery attempts will be made at the Carrier’s discretion.

In any event, delivery of the Gift Card will be completed within thirty (30) days following the day after validation of the Order, subject to full payment and compliance with the purchase conditions.

If delivery has not occurred by this deadline, the Purchaser may cancel the Order.

In the event of delay (exceeding the indicated delivery period or, failing this, the thirty-day maximum), the Purchaser must notify the Seller as soon as possible by our contact form, so the Seller may conduct an investigation with the Carrier.

If the Order is located during the investigation, it will be immediately resent to the designated delivery address. If the Order is confirmed lost, the Seller will, at its own expense, resend the Gift Card or, if permanently unavailable, refund all sums paid (including delivery fees) by the Purchaser via the original payment method.

In any event, if delivery is delayed by more than ten (10) working days from the Purchaser’s notification email (excluding force majeure), the Purchaser may cancel the Order through Customer Services.

If the Purchaser exercises this right, the Seller will not collect payment.
If payment has already been collected, the Seller will refund all sums paid (including delivery fees) within fourteen (14) days of receiving the cancellation, without any additional compensation.

Any anomaly noted upon delivery (delay, missing item, damage, etc.) must be reported precisely by the Purchaser on the delivery slip and/or confirmed to the Carrier by registered letter within ten (10) days following receipt of the Gift Card.

Such reservations must also be notified as soon as possible to the Seller’s Customer Service, with a copy of the complaint sent to the Carrier.
The Seller cannot be held liable for delivery issues attributable to the Purchaser, such as incorrect address entry or the recipient’s absence.
The Seller is similarly not liable for failures by the Carrier.

BY ELECTRONIC MEANS (E-GIFT CARD)

The Purchaser may request that the Gift Card be sent by email in the form of an e-gift card to the email address provided during the Order.

The Seller cannot be held liable for any failure in sending the e-gift card where such failure is attributable to the Purchaser, notably in the event of an error in the recipient’s email address.

a. Thermal Cures

Except in the case of a withdrawal exercised in accordance with the article “RIGHT OF WITHDRAWAL” hereof, any request to modify all or part of the Cure must be submitted in writing (email, registered postal mail, fax, etc.) to the Seller, at the following address: Thermes de Saint-Gervais, 355 Allée du Docteur Lépinay, 74170 Saint-Gervais-les-Bains, and shall be subject to the Seller’s prior and express consent. Depending on the nature and scope of the requested modifications, the Seller may require the payment of an additional charge.
No modification request shall be accepted less than fifteen (15) working days before the start date of the Cure.

Cancellation requests, which may in any event relate only to the Cure in its entirety, must be submitted in writing to the THERMES Company, which shall then apply the following pricing and refund conditions:

Any request to cancel a Complementary Programme, an 18-day non-State-Approved cure, or a Short Thermal Treatment Programme must be made no later than seven (7) working days before the scheduled start date of the treatments.

Except in the case of a duly justified medical contraindication supported by a medical certificate, any cancellation or modification made after this seven (7) working day period shall result in no refund of the deposit paid.

Where a cancellation is notified more than seven (7) working days before the start date of the treatments, the deposit paid at the time of order shall be refunded to the Buyer.

Any request to cancel a Thermal Discovery Package must be made no later than three (3) working days before the scheduled start date of the treatments.

Except in the case of a duly justified medical contraindication supported by a medical certificate, any cancellation or modification made after this three (3) working day period shall give rise to a penalty equal to 100% of the price of the selected Thermal Discovery Package.

Where a cancellation is notified more than three (3) working days before the start date of the treatments, the deposit paid at the time of order shall be refunded to the Buyer.

The effective date of the cancellation request shall be the date on which the THERMES Company is notified in writing (email, registered postal mail, fax, etc.).

In such cases, the deposit shall be refunded within one (1) month from receipt of the cancellation request and/or the supporting documents provided by the Buyer. In the absence of supporting documentation for cancellation for professional or medical reasons submitted by the Buyer, the deposit shall be retained by the Seller.

In the event of interruption of the Cure for any reason whatsoever, only the following three (3) circumstances may give rise to a prorated refund by the Health Insurance system or the THERMES Company, based on the duration of the Cure actually completed:

• force majeure (for example, a death in the family);

• suspension of the activity of the thermal establishment;

• interruption of the Cure for medical reasons, supported by a medical certificate.

In the event of late arrival or early departure of the Client in the context of an 18-day non-contracted cure or a Mini Cure, the full price of the Cure shall remain due.

All cancellation requests must be submitted in writing to the Seller.

Where the Seller is required to cancel the Cure, for any reason whatsoever and without having to justify such cancellation to the Client, the Client shall not be entitled to claim any compensation. Where the cancellation concerns one or more specific treatments within the Cure, and where such cancellation is not justified by the Client’s state of health, the Seller shall offer the Client a rescheduling of the cancelled treatments during the duration of the Cure.

Any refund shall be made either on site by crediting the Client’s bank card, or by bank transfer, following validation of a refund request submitted by the Client together with their bank account details.

b. Spa Treatments and Gift Cards

• Cancellation or modification requests for a Reservation must be submitted at least 72 hours before the start of the reserved Service.

• Unless justified by a medical certificate, any cancellation/modification within 72 hours will incur a 30% fee of the Service price.

• For Gift Cards, cancellations or modifications cannot be accepted within 72 hours of the scheduled Service. Failure of the Beneficiary to attend the appointment will result in the complete loss of the Gift Card, without any refund or credit.

Services may be used up to the Expiry Date indicated on the Order Confirmation or the Gift Card. Failure to use the Service before this date will result in forfeiture without any refund.

If the Seller must cancel the Reservation (e.g., due to unavailability), the Buyer will be refunded the full amount paid.

Cancellations notified more than 3 calendar days before the Service date will result in the deposit being refunded. Refunds may take 4 to 6 weeks.

c. Mont Blanc Baths

• Cancellation or modification requests for the Mont Blanc Baths must be made at least 24 hours before the start of the Service.

• Unless justified by a medical certificate, cancellations/modifications within 24 hours will incur a 30% fee of the Service price.

• If the Seller cancels the Reservation (e.g., due to unavailability), the Buyer will be refunded the full amount paid.

Cancellations notified more than 24 hours before the Service will result in the deposit being refunded. Refunds may take 4 to 6 weeks.

a. Services

The Services offered for sale on the Site are those displayed on the Site at the time of the Buyer’s consultation.

The Buyer is informed that photographs and texts illustrating the Services may change over time.

b. Prices

The prices communicated by the Seller include all applicable charges.

Prices are stated in euros (€) and are valid in mainland France, Corsica, and Monaco. They include any applicable discounts as well as VAT, applicable on the day of the Order. Any change in the applicable VAT rate will be reflected in the Service prices.

Prices of packages approved according to therapeutic orientations and medical prescriptions are provided for information only and remain subject to legal or contractual modifications, particularly by the French National Health Insurance Fund.

Promotions granted in the form of discount vouchers are valid for one Order per household during a specified validity period and cannot be combined with other discount offers.

The Seller reserves the right to modify prices at any time; however, Services are invoiced based on the rates in effect at the time the Order is recorded.

c. Payment Methods

The amount due by the Buyer is the amount indicated on the Order Confirmation, displayed on the dedicated webpage and subsequently sent by email by the Seller to the Buyer.

The Buyer may choose from various payment methods when validating the Order, as detailed above.

Payment can be made:

• Online at the time of the Order by credit card (Visa, Mastercard);

• In cash at the Spa reception, for payment of the balance for Treatments or for immediate purchase of a Gift Card, up to €1,000;

• By cheque, holiday vouchers, or Kadéos vouchers for payment of Treatments or Gift Cards, either in person at the Spa reception or by sending the cheques by registered post with acknowledgment of receipt to:

LES THERMES DE SAINT-GERVAIS
355 Allée du Docteur Lepinay
74170 Saint-Gervais Les Bains

Reservation will only take place once cheques/vouchers are cashed by the Seller.

The Order is only validated by the Seller after:

1. Acceptance of the Terms and Conditions by the Buyer;

2. Verification and confirmation of payment validity;

3. Sending the Order acceptance confirmation to the Buyer.

The Seller reserves the right to refuse any Order or delivery in the event of:

• An existing dispute with the Buyer;

• Non-payment, in full or in part, of a previous Order;

• Refusal of card payment authorisation by banking institutions;

• Non-payment or partial payment.

d. Payment Conditions for a Treatment

A minimum deposit of 30% is payable on the day of the Order, as described above. The Buyer must pay the balance at the Spa reception on the day the Services are performed.

e. Payment Conditions for a Gift Card

The price is paid in full at the time of Order, as described above.

f. Payment Conditions for Subscriptions

The price of a Subscription is paid in full at the time of subscription. Subscriptions are taken out for a fixed duration, and the Subscriber is firmly committed for the entire period. No refund is possible, except in the case of a definitive contraindication justified by a medical certificate concerning the Services covered by the Subscription (refund pro-rata temporis).

In case of a temporary contraindication justified by a medical certificate, the Subscription may be extended at the Subscriber’s request. Payments are considered final only upon full receipt of the amounts due.

g. Payment Terms for an State-Approved cue,18-Day Non-State-Approved Cure, Short Thermal Treatment Programme or Complementary Programme

Except for State-Approved cures, a minimum deposit of €50 shall be paid on the date of the Order, in accordance with the terms set out above.

The Buyer shall pay the outstanding balance at the medical reception desk on the day the Services are performed.

State-Approved Cure: on the day of arrival for the Cure, the Client shall provide the Seller with the original copy of the health insurance coverage certificate for the thermal package (section 2). It is recalled that the cost of the Cure is partially or fully covered by the health insurance bodies and, where applicable, by the complementary health insurance provider, depending on the applicable contracts.

18-Day Non-State-Approved Cure or Short Thermal Treatment Programme or complementary programme: it is recalled that Non-State-Approved Cures or Short Thermal Treatment Programmes or complementary programmes are not covered by health insurance bodies or complementary health insurance providers and are therefore payable in full by the Buyer.

The total amount of the Cure (18-Day Non-State-Approved Cure or Short Thermal Treatment Programme or complementary programmes or State-Approved cure), or any amount remaining payable by the Client (including any applicable co-payment and price supplement), shall be paid by the Client at the administrative appointment scheduled upon arrival for the Cure, by cheque, bank card or cash, subject to a maximum cash payment of €1,000.

Any complementary services (participation in workshops) shall be payable at the time of booking.

At the end of the Cure (State-Approved, 18-Day Non-State-Approved Cure or Short Thermal Treatment Programme or complementary programmes or State-Approved cure), the Client shall report to the reception desk in order to close their file, adjust, where applicable, the final invoice, and obtain the certificate of completion of the Cure.

h. Anti-Fraud Measures

To protect the Seller from fraudulent activity, if the Seller or online payment provider suspects an Order is fraudulent, they reserve the right to request additional documents from the Buyer (e.g., proof of identity) before processing the Order.

If the Buyer fails to respond within 15 days of the request, the Order will be cancelled, and no payment will be processed. If payment has already been made, the Seller will issue a refund within 14 days using the Buyer’s original payment method.

In accordance with European and national regulations, and in particular Article L. 221-18 of the French Consumer Code, applicable to distance contracts and contracts concluded outside the seller’s premises, the Buyer who places an Order on the Site has a right of withdrawal without penalty, within fourteen (14) working days from the date of the Order Confirmation.

If this period expires on a Saturday, Sunday, or public holiday, it will be extended to the next working day.

In accordance with Article L. 221-28 12° of the French Consumer Code, the Buyer does not have the right of withdrawal if the Reservation is made before the end of this fourteen-day period.

A Buyer wishing to exercise their right of withdrawal must send an email via our contact form (selecting the “Withdrawal” category), or send an email or a registered letter with acknowledgment of receipt, using, if necessary, the withdrawal form below, to the following contact details:

Customer Service
Les Thermes de Saint-Gervais
355 Allée du Docteur Lepinay
74170 Saint-Gervais Les Bains

The notification must be sent before the end of the fourteen (14) day period, with the day the Order Confirmation is received not counted in the withdrawal period.

Withdrawal Form

To the attention of Maud Durand – Les Thermes de Saint-Gervais – 355 Allée du Docteur Lepinay, 74170 Saint-Gervais Les Bains

I hereby notify you of my withdrawal from the contract for the sale of the following service(s):

Order placed on () / received on () :

Name of Buyer and Beneficiary (if different from Buyer) :

Address of Buyer :

Signature of Buyer (only if this form is submitted on paper) :

Date :

(*) Delete as appropriate.

If the Buyer has paid a deposit, it will be refunded no later than fourteen (14) days from the date on which the Buyer informed the Seller of their decision to withdraw.

Any request for withdrawal submitted after the expiry of the withdrawal period will not be accepted, although the Buyer may still cancel the Order in accordance with the conditions described in the section “Modification and Cancellation of the Order” above.

a. Thermal Cures

Conventioned Cures are prescribed by the doctor consulted by the Buyer or Client, and then scheduled by the thermal doctor at the start of the Cure.

The Seller cannot be held responsible for any misjudgment or medical guidance, nor for any acts or omissions by doctors before or during the Cure.

Some Cures are accessible to children under 18. These programmes require the presence of an accompanying adult for minors under 16 years of age.

The Cures offered comply with current French legislation. The Seller’s responsibility cannot be engaged in case of non-compliance with the legislation of a third country.

The Seller guarantees that the Cures comply with the Order Confirmation and the Reservation Confirmation. This guarantee of compliance only concerns the adequacy of the treatments and services with the information and characteristics described in the Order Confirmation and the Reservation Confirmation.

The Seller is subject to a general obligation of means in the provision of the treatments and services included in the Cure, which consists of implementing all necessary efforts to provide the treatments and services.

Commercial complaints or claims relating to non-compliance must be sent to the Seller by registered letter with acknowledgment of receipt to the contact details indicated in the “Mediation” article of these Terms, as soon as the Buyer or Client becomes aware of, or should have become aware of, the facts giving rise to the claim, and within the legal limitation period.

The Seller strives to provide the Buyer, on the Site, with the most reliable and high-quality information regarding the Cures. Photographs, visuals, and illustrations depicting the Cures, treatments, services, and facilities are provided for indicative purposes only.

The Seller cannot be held responsible towards the Buyer or Client in case of non-performance of obligations resulting from a force majeure or fortuitous event.

b. Treatments – Gift Cards

The services offered comply with current French legislation. The Seller’s responsibility cannot be engaged in case of non-compliance with the legislation of a third country.

The Seller is subject to a general obligation of means in providing the treatments and services included in the selected service(s), consisting of implementing all necessary efforts to provide the services.

The Seller cannot be held responsible towards the Buyer in case of non-performance of obligations due to the occurrence of a force majeure event, as defined by Article 1218 of the French Civil Code and French case law, which makes it impossible to maintain a Reservation.

Commercial complaints or claims relating to non-compliance must be sent to the Seller by registered letter with acknowledgment of receipt to the contact details indicated in the “Mediation” article of these Terms, as soon as the Buyer becomes aware of, or should have become aware of, the facts giving rise to the claim, and within the legal limitation period.

The Seller strives to provide the Buyer, on the Site, with the most reliable and high-quality information regarding the Services. Photographs, visuals, and illustrations depicting the Treatments are provided for indicative purposes only.

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, EU citizens have rights regarding their personal data. For more information on these rights, please consult our Personal Data Policy available on this website.

Special Provisions for France

Marketing Harassment Opt-Out

In accordance with Article L223-2 of the French Consumer Code, you have the right to register on a telephone marketing opt-out list via the BLOCTEL website: https://www.bloctel.gouv.fr/.

a. Cures

By making a reservation, the Buyer undertakes to comply with the hygiene and other applicable rules within the thermal establishment. These rules are set out in the Internal Regulations, a copy of which is provided to the Client on the day of arrival.

b. Treatments – Gift Cards

The Beneficiary acknowledges having read the Spa’s Internal Regulations, which are available on the Site and displayed at the Spa. In any case, the Beneficiary undertakes to comply with the Internal Regulations.

The treatments provided within the Spa are wellness treatments and are not intended for medical or therapeutic purposes.

However, certain medical conditions may make attendance at the Spa or participation in specific treatments inadvisable, including: circulation disorders, respiratory or cardiac conditions, diabetes, kidney problems, epilepsy, high or low blood pressure.

In case of doubt, consult your doctor and, if necessary, obtain a certificate of non-contraindication.

Furthermore, some treatments or programmes may not be suitable for pregnant women; please consult both the Spa and your doctor prior to booking.

c. Spa Access Conditions

Once the reservation of treatments has been made, the conditions for accessing the Spa are as follows:

• Treatments: The Beneficiary must present themselves at the Spa reception with their Reservation Confirmation and, if applicable, their Gift Card.

• Subscriptions: A personal access card is issued to the Beneficiary at the time of purchase.

The Beneficiary, in possession of a valid card, is authorised to enter the Spa in accordance with the subscription purchased and the corresponding access hours.

Subscriptions are strictly personal and reserved for the exclusive use of the subscriber. Therefore, the subscriber may not transfer or assign the subscription to any other person, whether free of charge or for payment.

The Seller reserves the right to verify the identity of the cardholder. Without acceptable identification, the Thermes reserves the right to refuse access to the facility.

The Beneficiary must arrive at least 30 minutes before the scheduled time of their treatment. Any delay may result in the shortening or cancellation of the reserved treatment.

For any issue related to an Order or the Services, please contact our Customer Service:

• Preferably by our contact form

• By postal mail at the following address:
  Thermes de Saint-Gervais,
  Attn: DPO,
  355 Allée du Docteur Lépinay,
  74170 Saint-Gervais Les Bains, France.

In accordance with the rules applicable to mediation, any consumer dispute must first be submitted in writing to Customer Service at the following address:
Thermes de Saint-Gervais,
Attn: Customer Service,
355 Allée du Docteur Lépinay,
74170 Saint-Gervais Les Bains, France,
After completing this step with Customer Service, and if your complaint is not resolved, you may contact a mediator free of charge, in accordance with the French Consumer Code provisions concerning amicable dispute resolution.

The Seller subscribes to the services of the following mediators:

Exclusion: Conventional thermal cures are excluded from this process, as they are services provided on medical prescription and fall under the Public Health Code and the Social Security Code, not the Consumer Code.

The Seller subscribes to the services of the Centre de Médiation et d’Arbitrage de Paris (CMAP). Their contact details are:
39 Avenue Franklin D. Roosevelt, 75008 Paris, France
Website: http://www.cmap.fr
For information on how to contact the mediator, click here.

a. Force Majeure

No Party shall be held responsible for the total or partial non-performance of its obligations under these Terms and Conditions of Sale (T&Cs) if such non-performance is caused by a force majeure event.

Force majeure events are those fulfilling the criteria established by the case law of the French Cour de cassation and applicable legislation.

The Party invoking a force majeure event must notify the other Party within five (5) business days of the occurrence of the event. The Parties agree to consult each other promptly to determine together the terms of executing the Order during the period of force majeure. If the interruption due to force majeure exceeds one (1) month, the Seller may choose not to fulfil the Order, in which case it must refund the Buyer if applicable.

b. Partial Invalidity

If one or more provisions of these T&Cs are deemed invalid or are declared as such pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall retain their full force and effect.

c. Entire Agreement

These T&Cs, together with the Order summary provided to the Buyer, form the contractual agreement and constitute the entirety of the contractual relationship between the Parties.

In the event of any conflict between these documents, the T&Cs shall prevail.

d. Amendments to the T&Cs

The Buyer may save or print these T&Cs, provided they are not modified.

The current version of the T&Cs can be consulted at any time under the “Terms and Conditions of Sale” section accessible from any page on the Site.

The Seller may update these T&Cs at any time. Any such update will be notified specifically and in advance on the Site.

e. Non-Waiver

The fact that either Party does not enforce any provision of these T&Cs at any given time shall never be construed as a waiver of its rights under that provision.

f. Governing Law and Jurisdiction

These T&Cs and the contractual relationship between the Buyer and the Seller are governed by French law.

In the event of a dispute between the Buyer and the Seller, and if the dispute cannot be resolved through the mediation process described in the “Mediation” section above, the matter shall be brought before the competent French courts. The Parties agree to make every effort to reach an amicable solution before initiating proceedings before the competent court.