General Conditions of Sale
General Conditions of Sale
1. Introduction
Our conditions
of sale refer to the decrees taken in application of the Tunisian Law fixing
the conditions for the exercise of the activities relating to the organization
and the sale of holidays. Registration for one of our stays implies full
acceptance of our conditions of sale, that the customer will have consulted
beforehand, as well as all the terms of the proposal. Any derogation for the
benefit of the customer will not bring any alteration to these conditions. The
total or partial invalidity of any clause of the General Conditions does not
invalidate the other provisions.
Our conditions
of sale are available on our website. They can also be obtained by a simple request addressed to the registered
office of the company. Please read them carefully before making a reservation
through our website.
2. Prior information
Before the
conclusion of the reservation contract you will find, on the website, all the
information about the price, dates and constituent elements of the stay such
as: location of the hotel, category of the hotel, level of comfort, main
characteristics, classification according to the local criteria of the country,
price of the stay, cancellation conditions etc
As the website
is updated daily, changes may have occurred before your reservation, updated as
and when in our computer system. After consulting the description, the
Accommodation Voucher is considered to be the only contractual element of the
reservation. Your acceptance of the price on the Accommodation Voucher as well
as the description of the chosen hotel is considered the definitive conclusion
of the contract.
3. Validity of the Offer
Our offers are
subject to availability at the time of booking.
Our prices are
expressed according to your choice of currency at the time of booking in
Tunisian Dinar, in Euro, or in Sterling. The total amount must be verified at
the time of booking. They do not include: any government taxes, additional
insurance, personal expenses not expressly included in the Accommodation
Voucher.
Our prices are
contractual rates. It is therefore impossible to take into account certain
promotional rates applied on the website on certain dates. Consequently, we
will not consider any claim or request for reimbursement.
4. Registration, Conclusion of Contract and
Terms of Payment
Reservations
are made online and are paid directly by credit card. The security of
transactions is ensured by the services of SPS Tunisie Monétique.
A booking
confirmation will be sent to you directly at the email address indicated by you
when you registered. This confirmation includes the account of the amount of
the reservation as well as the details of the reservation such as the method of
payment, the transfer number, the number of rooms reserved, the number of
people, the email address and the desired arrangement.
Anyone who
makes a fraudulent reservation will be held responsible and will be brought
before the competent courts.
The hotel is
not responsible for the implementation of any special requests made to the
Reservation Department unless the hotel has expressly confirmed it in writing.
5. Modification of Prices and Services
The
descriptions of the hotels as well as the calculation of the prices are
carefully prepared. Your payment implies acceptance of the terms of the
contract and the modifications indicated on the website at the time of your
reservation. However, changes may arise after the conclusion of the contract.
Although this possibility is unlikely, it cannot be completely ruled out. If it
is a major change in an essential point of your contract (for example,
unavailability of accommodation due to urgent work, etc.), you have the right
to request its termination free of charge within three days following the date
on which this information was communicated to you. You will then receive a
credit note to be used with a proposal to change the date.
6. Shortened or extended stay
If you wish to
extend your stay, you must make the request in sufficient time to the
Reservation Department of the hotel concerned or to our Sales Department for
this possibility to be checked according to the availability of the hotel.
The customer
will not benefit from reimbursement for shortened stays for causes attributable
to them.
7. No Show (Cancellation without Prior Notice)
In case of
cancellation or "No Show", the money for the booking paid on the
website will not be refunded and will be retained by the hotelier.
8. Termination of the Contract by the Customer
In all cases,
any cancellation must be confirmed to us in writing (mail, fax or email) and it
is the date of this writing that will be taken into consideration. All
justified cancellations requested by the customer will only be refundable after
a proposal for a change of date. You have a period of 14 days from the
reservation date mentioned on the voucher to cancel a reservation. This period
runs from the day you booked on our website. Any cancellation must be reported
in advance to the Reservations Department of the hotel concerned or to the
Sales Department at the following address commercial.hotels@tts.com.tn Or
moez.bani@tts.com.tn .
We inform you
that any name change is considered the same as a cancellation.
9.The Customer’s Obligations
The
Reservation Manager is authorized to refuse any extra person, adult or child,
regardless of their age, not included in the reservation.
Pets or other
animals are strictly prohibited in the hotel.
Any person who
does not respect the rules of good conduct.
The
consumption of food and beverages other than those provided by the hotel is
prohibited. The hotel can exclude the customer from the hotel without notice or
compensation if the latter harms the peace of mind of other customers, the
operation of the hotel or if they undermine the reputation or the security of
the establishment.
Any breach of
these rules authorizes the hotel to cancel the contract unilaterally and no
compensation can be claimed by the customer.
10. Complaints and Claims for Compensation
Complaints of
a commercial nature or relating to the quality of the services provided must be
made on site at the hotel during the stay, in writing and addressed to the
Hotel Manager.
It should be
noted that any complaints made either by fax, telephone, simple mail, e-mail,
or by other means, presented after this deadline, or not made to the service
provider(s) concerned, if applicable, cannot be taken into account.
In the event
of a dispute, the courts of Tunis will have sole jurisdiction.
The hotel
cannot accept any claim relating to loss, damage or theft of luggage, clothing
or personal items that remain under your supervision for the duration of the
stay. Safes are available to customers for this purpose.
Events and
Holidays: It is your responsibility to find out, before making any booking,
about any local events such as carnivals, religious holidays, national
holidays, public holidays and other events that could affect the smooth running
of your stay. No complaint relating to this type of event may be subsequently
addressed to the hotel.
11. Accommodation and Board
Classification
of the hotel: The number of stars attributed to the hotel establishment
appearing in the description corresponds to a classification established with
reference to local standards, which may therefore differ from the standards of
other countries.
Activities and
Services: Although all the activities mentioned in the descriptions comply, it
may happen that certain activities indicated in the description are canceled by
the hotel, in particular for climatic reasons, work in the hotel, in the event
of force majeure, staying outside the tourist season, or when the minimum
number of participants required for the realization of the activity is
not reached
(for example, team sports, children's club etc) In such cases the hotel can not
be held responsible. Some of the activities offered may also present risks,
especially for young children. The hotel cannot be held liable in the event of
an incident or accident attributable to a lack of vigilance on your part.
Occupancy and
check out of rooms: We inform you that the rules applicable to the hotel
industry require that customers take possession of the rooms from 2pm, whatever
the time of arrival and check out of them by 12 noon, regardless of the
departure time. Unfortunately, it will not be possible for you to derogate from
this rule, except with the agreement of the hotelier. Any room taken before 2
p.m. or returned after 12 noon is considered an extra night and is therefore
subject to an additional payment.
Room Types:
Single rooms include a double bed. Double rooms are provided either with two
beds or with a double bed. Triple rooms are with a double bed and single bed
and quadruple rooms are often family rooms.
Babies: We
invite parents of babies to bring food suitable for their child, which they
will not always find on site.
12- Force Majeure
Force majeure
means any event external to the parties that is both unpredictable and
insurmountable and prevents either the customer or the hotel from performing
all or part of the obligations provided for in the contract.
By express
agreement, this will be the case in particular in the event of a strike by
hotel staff, or insurrection, civil or foreign war, acts of terrorism,
hostage-taking, manipulation of weapons and any prohibition enacted by
government or public authorities.
It is expressly agreed that force majeure
suspends, for the parties, the performance of their reciprocal obligations. At
the same time, each of the parties bears the burden of all the costs incumbent
upon it and which result from the case of force majeure. Consequently, the
customers alone will bear the additional costs which could be incurred to allow
the continuation of the stay following the occurrence of a case of force
majeure, without the hotel's liability being sought.
13. The Website Liability and Guarantee
Our website
must not be used for speculative, false or fraudulent reservations. The
transmission of threatening, defamatory, pornographic, political or racist data
or, more generally, of any illegal data, is expressly prohibited. The hotel
reserves the right in such a situation to file a complaint for the purpose of
condemning the harmful internet user to criminal sanctions, without prejudice
to any claim for damages.
Liability: The
hotel declines all liability in the event of a dispute in a reservation made on
any website other than the hotel's official website.
Information
made available on the website: The hotel is in no way responsible for your
ability to access or use the site at any time whatsoever, nor for any
interruption in such access or use, nor any defect preventing any operation
from being carried out. The hotel does not guarantee that the website is free
from computer viruses or other anomalies that could cause damage. You declare
that you are aware of the characteristics and limitations of the internet, in
particular its technical performance, the response times for viewing, querying
or transferring data and the risks related to the security of communications.
Consequently, under no circumstances will the hotel be liable for indirect
and/or consequential, foreseeable or unforeseeable damages (including loss of
profits or opportunity etc) arising from the supply and/or use or total or
partial failure to use the services provided on the website.
The hotel
reserves the right to refuse access to the website at any time without notice.
The hotel does not guarantee that the information on the products, services and
software provided on the website will be free from anomalies or errors and
bugs, nor that these can be corrected, nor that the website will operate
without interruption or breakdowns. The hotel is in no way responsible for
malfunctions attributable to third-party software, whether or not they are
incorporated into the website or supplied with it.
14. Area of Application
The general
conditions of sale apply exclusively to current and future commercial relations
between the hotel and the person placing the order. Any order for a product or
service appearing on the website requires prior consultation of these general
conditions.
15. Scope
These general
conditions express the entirety of the obligations of the parties. In this
sense, the consumer is deemed to accept without reservation all the provisions
provided for in these general conditions. No general or specific conditions
appearing in the documents sent or delivered by the consumer (you) can be
integrated into these general conditions of sale. We may modify these general
conditions of sale at any time subject to posting these modifications on our
website.
16. General Conditions
The user
acknowledges having read the general conditions of the contract and accepts
them without any exception or reservation.
17. Proof of Transaction and Electronic
Signature
The validation
by SPS Tunisie Monétique of the consumer's payment under the Accommodation
Voucher constitutes an electronic signature which has, between the parties, the
same value as a handwritten signature.
The
computerized registers, kept in the hotel's computer systems, will be
considered as proof of the communications, orders and payments made between the
different parties.
The archiving
of booking forms and invoices is carried out on a reliable and durable medium
that can be produced as proof.
18. Data Protection
The
information requested from you is necessary to process your reservation. It may
be communicated to the hotel's partners involved in the execution of this
reservation.
19. Intellectual Property
The hotel
remains the holder of all intellectual property
rights relating to the website which belongs to it or holds the rights of use
relating thereto. Access to the website does not confer any right to the
intellectual property rights relating to the website, which remains our
exclusive property.
The elements
accessible on the website, in particular in the form of text, photographs,
images, icons, sound, videos, software, database, are also protected by
intellectual and industrial property rights and other private rights.
Except as
explicitly stated in this document, you may not, under any circumstances,
reproduce, represent, modify, transmit, publish, adapt, in any medium
whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or
part of the website without our prior written permission.
The hotel
expressly retains all rights not expressly granted herein to the user, who may
not claim to use or benefit from them. The use not previously authorized by the
hotel, for any reason whatsoever, of all or part of the website may be the
subject of any appropriate action, including an action for infringement.
The customer
is authorized to use a small part of the website for strictly private and
non-commercial purposes. The insertion of hypertext links to any part of the
website is prohibited without prior written consent from us.
20. Final Provisions
The fact that
the hotel does not avail itself, at a given time, of one of the provisions of
these General Terms and Conditions cannot be interpreted as a waiver by the
hotel to subsequently avail itself of any of the said provisions.
In the event
that one of the provisions of the General Terms and Conditions is declared null
and void, or without effect, this provision shall be deemed unwritten, without
this affecting the validity of the other provisions, unless the provision
declared null and void was essential and decisive. In the latter case, the
parties will negotiate its replacement by a provision having an equivalent
economic effect.
Applicable
law: All the clauses appearing in these general conditions of sale, as well as
all the operations referred to therein, are subject to the exclusive
jurisdiction of Tunisian law.
A copy of the
credit card must be presented at the hotel reception to avoid fraudulent
transactions.
Assignment of jurisdiction: Any dispute which
cannot not be settled amicably, relating to the validity, interpretation,
execution of this contract will be submitted to the courts of Tunis-Tunisia.