APPLICATION OF THE GENERAL SALES TERMS
The sales terms hereof apply to the services provided by hotels within the framework of an accommodation agreement made between the Accor Sales Department and the Customer. The agreement and the GST form an inseparable whole. In the case of a contradiction between the provisions of the GST and those of the agreement, the provisions of the agreement shall prevail.
The Customer is the company signing the accommodation agreement.
The beneficiary is the natural person benefiting from the hotel service reserved within the framework of the accommodation agreement.
INFORMATION TO THE BENEFICIARIES
The Customer formally undertakes to inform the beneficiaries of the terms of the agreement and receive their acceptance of the clauses which shall directly apply to them.
RESERVATION
Reservations must be made by "Accor Reservation Services", GDS, on line through www.accorhotels.com or direct with the hotel. The reservations are confirmed according to availabilities.
RESERVATION GUARANTEE
Reservations are guaranteed until 6 p.m. on the scheduled arrival date. After that date, hotels shall only guarantee the reservation if they have been given notice of the late arrival of the beneficiary or beneficiaries before 6 p.m. In this case, the beneficiary shall communicate his personal card number (or his agency's IATA number).
CANCELLATIONS
Reservations can be cancelled without incurring any costs with the hotel up to 24 hours prior to the arrival date. In the case of no show of the beneficiary or beneficiaries, considering that the cancellation terms have not been respected, the hotel shall bill the Customer for the first reserved night, in application of the rates of the agreement.
IDENTIFICATION OF THE HOTELS
The hotels covered by the articles hereof are exclusively those listed in the annex of the agreement. Should one of the hotels chosen by the Customer be durably incapable of providing the agreed hotel service (withdrawal from the Accor network, closure...), the agreement shall be purely and simply cancelled for the part concerning the hotel in question. The other provisions of the agreement between the parties, namely concerning the other hotels, shall remain applicable for the planned duration of the agreement.
AVAILABILITY OF THE ROOMS
The hotels undertake to make the rooms available to the beneficiaries as of 2:00pm on the arrival date (except for exceptional cases). The rooms should be freed by midday at the latest on the departure date.
RATES
The proposed rates in Australia include GST.
The proposed rates in New Zealand are subject to 12.5% GST.
Where applicable, the proposed rates include VAT.
They include accommodation for one person, excluding breakfast and visitor's tax.
They are applicable, subject to the availability in the establishments, exclusively for the designated type of room excluding all other categories.
They cannot be grouped with another promotional offer.
The hotels reserve the possibility of modifying the proposed rates in the case of a change in the law or regulations liable to incur a variation in their prices (modification in the applicable rate of VAT, introduction of a new tax, etc).
Rates are not to be displayed on any public websites.
PAYMENT METHODS
Bills are issued by the hotel and are only payable to the hotel reception, by each beneficiary, when checking out. In the case of non-payment of all or part of the services by the beneficiary, the hotel shall send a corresponding bill to the Customer.
Furthermore, in the case of non-payment of services by the beneficiaries and/or the Customer, each hotel shall have the right to cancel the provisions of the agreement relating to its establishment, summoning the Customer to pay all bills remaining outstanding for 15 days.
The other provisions of the agreement between the parties, namely concerning the other hotels, shall remain applicable for the planned duration of the agreement.
LIABILITY
The Customer is solely liable for all material and/or corporal damage inflicted by himself or the beneficiaries (representatives of the Customer and/or its subsidiaries, agents, guests) in each hotel providing accommodation.
COMPLAINTS
To be taken into account, any complaint relating to the hotel service provided should be directly sent by the Customer to the hotel in question within 8 days starting on the departure date of the beneficiary.
ACCOMMODATION IN ANOTHER HOTEL
In the case of exceptional events or in the case of force majeure, the hotels reserve the possibility of accommodating all or part of the beneficiaries in a nearby hotel with an equivalent ranking, without surcharge, with transfer costs falling to the hotel, which shall not be required to pay compensation in any form whatsoever.
FORCE MAJEURE
The obligations contained in the articles hereof shall not be applicable or shall be suspended if their fulfilment were to become impossible owing a case of force majeure such as an act of governmental authority, war, arbitrary decision, natural disaster, fire, strike...
Each party should inform the other as soon as possible in the case of the occurrence of a case of force majeure preventing it from fulfilling all or part of its contractual obligations.
The parties should do their utmost to prevent or reduce the effects of non-fulfilment of the agreement caused by a case of force majeure; the party wishing
to invoke a case of force majeure should immediately notify the other party of the start and end of this event, failing which it shall not be discharged of its liability.
MODIFICATION OF THE AGREEMENT
Any modification of the accommodation agreement should be covered by a rider clause signed by the parties.
CONFIDENTIALITY
The parties recognise that the provisions of the agreement signed by them, and in particular the rates, are strictly confidential.
DISPUTES
FAILURE TO CONCLUDE A FRIENDLY AGREEMENT SHALL LEAD TO PROCEEDINGS WHICH SHALL COME UNDER THE EXCLUSIVE COMPETENCE OF THE COMMERCIAL COURT OF AUSTRALIA.