The sale conditions are subject to articles from R-211-3 to R-211-11 of the current Tourism Code in effect on 1 July 2015, and which we reproduce completely bellow. The fact of enrolling in one of our trips or holidays implies full acceptance of our terms and conditions. These general and special sales conditions can be modified at any time and/or completed by MGM HÔTELS & RESIDENCES . In this case, the new version of the general and special sales conditions will be online by MGM HÔTELS & RESIDENCES . Once it is online, the new version of the general terms and conditions will automatically apply to all customers.
REGULATORY PROVISIONS OF THE CODE OF TOURISM
ART. R211-3 :
Subject to the exclusions provided for in the third and fourth paragraphs of article L. 211-7, any offer and sale of travel and holiday services leads to the provision of appropriate documents meeting the rules defined by this section. In case of sales of plane tickets or tickets on regular line not accompanied by services related thereto, the seller delivers to the purchaser one or more tickets for the entire trip issued by the carrier or under responsibility. In the case of transport on request, the name and address of the carrier for whom the tickets are issued must be mentioned. The separate billing of various components of a package does not release the seller from obligations made by him regulatory provisions of this section.
ART. R211-3-1 :
The exchange of pre-contractual information or the provision of contractual conditions is carried out by writing. They may be electronically under the conditions of validity and exercising provided by the articles 1369-1 to 1369-11 of the civil code. Mentioned the name or business name and address of the seller and the indication of its registration in the register provided by article L. 141-3 or, if necessary, the name, address and details the registration of the federation or union mentioned in the second paragraph of article R. 211-2.
ART. R211-4 :
Prior to the contract conclusion, the seller must provide the consumer information on prices, dates and other aspects of the services provided during the trip or stay such as:
01. The destination, means, characteristics and categories of transport used;
02. The accommodation, its location, level of comfort and its main features, its approval and tourist classification corresponding to the regulations or customs of the host country;
03. The meals provided;
04. The description of the itinerary in the case of a tour;
05. Administrative and health formalities to be completed by national or by citizens of another member state of the European Union or a State party to the Agreement on the European Economic Area in the event, in particular, border crossing and their times of completion;
06. The visits, excursions and other services included in the package or available with an additional cost;
07. The minimum or maximum size of the group for the trip or stay and, if the trip or stay is subject to a minimum number of participants, the limit date of information in the event of trip cancellation or stay from the customer: this date cannot be set at less than twenty-one days before departure;
08. The amount or percentage of the price to be paid as a deposit on the contract and the balance payment schedule;
09. The price review procedures as specified in the contract pursuant to article R. 211-8;
10. The contractual terms of cancellation;
11. Cancellation defined in articles R. 211-9, R. 211-10 and R. 211-11;
12. Information about the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain special risks, including repatriation costs in case of an accident or disease.
13. When the contract includes plane transportation, information of flight leg, under section R. 211- 15 to R.211-18..
ART. R211-5 :
The prior information to the consumer binds the seller, unless in this one, the seller has expressly reserved the right to modify certain elements. The seller must, in this case, clearly indicate in which extent these changes may occur and on which elements. In any event, the changes to the prior information must be communicated to the consumer before conclusion of the contract.
ART. R211-6 :
The contract between the seller and the buyer must be in writing, in duplicate; one is delivered to the buyer, and signed by both parties. When the contract is concluded by electronic means, it leads to articles 1369-1 to 1369-11 of the civil code. The contract must include the following clauses:
01. The name and address of the seller, its guarantor and insurer and the name and address of the organizer;
02. The destination or destinations of the trip and in case of a holiday, the various periods and their dates;
03. The means, characteristics and categories of transport used, the dates and places of departure and return;
04. The accommodation, its location, level of comfort and main characteristics, its tourist classification under the regulations or customs of the host country;
05. The meals provided;
06. The description of the itinerary in the case of a tour;
07. LThe visits, excursions or other services included in the total price of the trip or stay;
08. The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of article R. 211-8;
09. The indication, if applicable, royalties or fees for certain services such as landing taxes, embarkation or disembarkation at ports and airports, tourist taxes when they are not included in the price of the service or services provided;
10. The timing and terms of payment; in any event, the last payment made by the purchaser cannot be less than 30% of the travel or holiday and must be made upon delivery of the documents enabling the trip or stay;
11. The special conditions requested by the buyer and accepted by the seller;
12. The manner in which the purchaser may make the seller a complaint for non-performance or improper performance of the contract, which complaint must be sent as soon as possible, by any means capable of producing a receipt to the seller, and, if any, reported in writing to the organizer of the trip and service provider concerned;
13. The deadline for informing the buyer in case of cancellation of the trip or stay by the seller if the trip or stay is subject to a minimum number of participants, in accordance with 7 of Article R. 211-4;
14. The contractual terms of cancellation;
15. The cancellation conditions of articles R. 211-9, R. 211-10 and R. 211-11;
16. Details about the risks covered and the amounts guaranteed under the insurance contract covering the consequences of the professional liability of the seller;
17. Les Indications concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the purchaser (policy number and name of insurer) and those concerning the assistance contract covering certain special risks, including repatriation in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
18. The deadline for informing the seller in case of transfer of the contract by the buyer;
19. The commitment to provide to the purchaser, at least ten days before the scheduled departure, the following information: a) the name, address and telephone number of the seller's local representative or, failing the names, addresses and telephone numbers of local organizations likely to help the consumer in case of difficulty, or, failing that, the phone number to establish urgently a contact with the seller; b) for trips and stays of minors abroad, a telephone number and an address for direct contact with the child or the person's place of residence.
20. The clause of cancellation and refund without penalties of the sums paid by the buyer for non-compliance with disclosure requirement in paragraph 13 of Article R. 211-4;
21. The commitment to provide the buyer, in good time before the start of the trip or stay, the hours of departure and arrival.
ART. R211-7 :
The purchaser may transfer his contract to a transferee who meets the same conditions as him for the trip or stay, as long as the contract has no effect. Unless more favorable to the transferor, the latter must inform the seller of his decision by any means capable of producing a receipt not later than seven days before the start of the trip. When it is a cruise, this period is extended to fifteen days. This transfer is not subject, in any case, prior authorization of the seller.
ART. R211-8 :
When the contract includes an express possibility of price revision, within the limits provided by article L211-12, it must mention the exact ways and means of calculation, both upward and downward price changes, including the costs of transport and related taxes, the currency or currencies that may affect the price of the trip or stay, the share price at which the variation applies, the price of the currency or currencies used as a reference when establishing the price stated in the contract.
ART. R211-9 :
When, before the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract such as a significant price increase, and when it disregards the obligation of information referred paragraph 13 of article R. 211-4, the buyer may, without prejudice to recourse for compensation for any loss suffered, and after having been informed by the seller by any means allowing him to obtain an acknowledgment:
• Either cancel the contract and obtain an immediate reimbursement without penalty of the amounts paid,
• Or accept the change or replacement trip offered by the vendor; a rider to the contract, the changes made are then signed by the parties; any reduction in price is deducted from any amounts remaining due by the purchaser and if the payment is already made by the latter exceeds the price of the modified service, the excess must be refunded to him before his departure date.
ART. R211-10 :
In the case provided by article L.211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing to obtain an acknowledgment of receipt, the buyer, without prejudice to recourse for compensation for any loss suffered, obtains from the seller immediate reimbursement without penalty of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he would have supported if the cancellation had been made on time. The provisions of this article shall in no case preclude a finding amicable aimed acceptance by the purchaser of a replacement trip or holiday offered by the seller.
ART. R211-11 :
When, after the departure of the buyer, the seller is unable to provide a major part of the services under the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to recourse for compensation for any damage suffered:
• Either offer services to replace the planned services, bearing any additional cost and, if accepted benefits are of inferior quality, the seller must reimburse him, upon his return, the price difference;
• Or, if he cannot offer any replacement service or if they are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, transport tickets to ensure his return in conditions deemed to be equivalent to the place of departure or to another place accepted by both parties. The provisions of this article shall apply in the event of non-compliance with the requirement in 13° of article R. 211-4.
1 - PRICE
Our prices include all taxes (water, electricity, heating), except tourist tax which is systematically add to the total amount of the stay. Our rates include accommodation services. Extra services offer in option (ski pass, ski lessons, spa treatments ...) are not included in our prices (except packages offers) MGM HÔTELS & RESIDENCES reserves the right to pass on prices without notice tax increases (VAT, tax ...)
2 - RÉSERVATION
A deposit of 25% of the total amount of your stay is payable to confirm your reservation. This payment will include "extra services" reserved along with you stay (ski passes, ski lessons, spa treatments ...)
Your reservation will be effective when you get a confirmation from us (sending a booking confirmation by email). Without our confirmation, your reservation can not be considered as definitive.
Sans confirmation de notre part, votre réservation ne peut être considérée comme définitive.
The full price of your rental and any additional services are due one month before the start of your stay. In case of late booking, less than 30 days before arrival, the total amount will be requested when booking. When not set to 30 days of arrival balance, MGM HÔTELS & RESIDENCES reserves the right to define your booking as canceled and apply the cancellation policy provided for this purpose and defined below..
Bank charges or any transfer or check made from a foreign bank are the responsibility of the reserving and added to the booking amount.
3 - TOURIST TAXE
Tourist tax, collected on behalf of municipalities, is not included in our rates. The amount varies depending on the municipality. They are requested at the time of booking.
MGM HÔTELS & RESIDENCES could not be held liable for this tax increase, which will then be passed on to sales prices.
4 - CHANGES / CANCELLATION OF STAY AND ADDITIONAL SERVICES BY CUSTOMER
If canceled or modified, you must notify us by mail with acknowledgment of receipt determining the date of modification or cancellation at the the following address: MGM HÔTELS & RESIDENCES , 1 Allée du Parmelan – PAE de la Bouvarde – 74 370 METZ TESSY, the date of reception being admissible.
For winter 2020/2021 and summer 2021* we have adapted our cancellation policy:
In case of the COVID-19 epidemic, you can cancel or modify your stay free of charge under the following conditions:
- National or local lockdown that does not allow you to travel to the place of your accommodation.
- Travel restriction preventing you from reaching the place of your reservation.
- Border closures that occur after the date of booking and do not allow you to arrive in France (if this closure occurs during your stay, you will be reimbursed for the unused nights and services).
- Establishment of a quarantine period after a stay in France, taking place after the date of booking (if this quarantine period takes place during your stay, you will be reimbursed for the nights and services not consumed).
- You (or any person participating in the stay) are declared positive on the PCR test at Covid-19** (justified by a PCR test issued by a laboratory).
- Closure of the establishment for the dates of stay (if this closure occurs during your stay, you will be reimbursed for the unused nights and services).
- Closure of the resort and/or ski lifts at the moment of your stay (if the resort closes during your stay, you will be reimbursed for the nights and services not consumed).
*For stays from the 19/12/2020 to the 30/102021
** as soon as you are informed of the positivity of your test (or of anyone participating in the stay) you must take steps to cancel your stay without delay, it will be fully refunded.
If you wish to maintain your reservation, only your personal insurance will allow compensation for any illness resulting from COVID-19 contamination.
For all other cancellations not related to the COVID-19 epidemic, the following conditions apply :
Any modification of the dates will be considered as cancellation and will apply the cancellation charges mentioned below (except for chalets or L’Ecrin de Jade) :
• If you tell us more than 30 days before the start of your stay, no fee (except the amount of insurance that would have been taken at the time of booking and is non-refundable).
• If cancellation occurs between 30 and 21 days of arrival, we retain 25% of the total amount of your stay including extra services.
• If cancellation occurs between 20 and 15 days before your day of arrival, we retain 50% of the total amount of your stay including extra services.
• If you cancel between 14 and 8 days prior to your day of arrival, we keep 90% of the total amount of your stay including extra services.
• If cancellation occurs between 7 days and the day of arrival, we retain 100% of the total amount including fringe benefits.
• If you do not show up at the place of your stay, we keep 100% of the total amount including extra services.
Cancellation policies for chalets and l’Ecrin de Jade apartment
Any modification of the dates will be considered as cancellation for one of our chalets (La Ferme de Juliette) or l’Ecrin de Jade apartment and will apply the cancellation charges mentioned below
For summer 2020, in case of new pandemic or new quarantine, your stay will be fully refund.
• If you tell us more than 180 days before the start of your stay, we keep 25% of the total amount of your stay including extra services.
• If cancellation occurs between 179 and 90 days before your day of arrival, we retain 50% of the total amount of your stay including extra services.
• If you cancel between 89 and 30 days prior to your day of arrival, we keep 75% of the total amount of your stay including extra services.
• If you cancel between 29 and 8 days prior to your day of arrival, we keep 90% of the total amount of your stay including extra services.
• If cancellation occurs between 7 days and the day of arrival or if you do not show up, we retain 100% of the total amount including extra services.
5 - CANCELLATION INSURANCE
MGM HÔTELS & RESIDENCES allows you to subscribe to a cancellation insurance/travel interruption through the CHUBB company that must be purchased when you book your holidays.
If canceled or interrupted indicated in the insurance contract, you would avoid having to bear the financial consequences of the cancellation or interruption. The guarantees of the cancellation insurance are available on a simple request..
6 - ARRIVAL AND DEPARTURE
Key collection takes place from 5pm on the day of arrival. They must be returned before 10am one the day of departure.
If you arrive after 8pm, you must contact the establishment by phone to arrange an appointment to collect the keys of your accommodation.
7 - DEPOSIT
A deposit of €500 is required on your day of arrival. It will be returned at end of your stay after payment of your extra services and net of allowances retained for possible damage, cleaning of unrealized kitchens, breaches of various elements (such as bathrobes or towels ...).
8 - ANIMAL
Pets are accepted on presentation of a rabies certificate (one pet allowed per apartment), payment of a pet fee of €100 per week during your reservation.
9 - RULES AND REGULATIONS
Rules and regulations are available in each establishment; thank you for reading them carefully and respecting them.
We point out that it is forbidden to – Take up the skis, ski boots, sleds and all ski equipment in the accommodation or on balconies - Hang the laundry on the balcony railings. In case of breach of these rules, and in case of non-respect of the rules, we reserve the right to charge a minimum fee of €150 for the damage caused. Oversights personal items inside the accommodation during check-out are not the responsibility of MGM HÔTELS & RESIDENCES.
10 - INTERRUPTION OF STAY
An early departure will not give rise to any refund.
11 - POSSIBLE MODIFICATION OF OUR SERVICES
In case of events beyond our control, and/oraforce majeure, we reserve the right to partially or totally change our services offered. (Closure of a site, a common pool of equipment types, etc ...)
Health crisis – Coronavirus –Covid 19: until further notice, MGM Hôtels & Résidences will adapt to restrictions and orders from the French government. As a consequence, the limited access to our services(swimming pool, wellness area, shared areas, bar and restaurant) will not be subjectof any refund or any complaint.
In the health refresher or part of the services in case of construction delay, services and activities announced (leisure resort), subject to change without notice
12 - AFTER SALES – CLAIMS
The client has 48 hours after his arrival to report in writing to the property reception any dispute regarding the description, quality or cleanliness of its accommodation. After this time MGM HÔTELS & RESIDENCES do not take into account any support claim. The consideration of any claims related to your stay will necessarily be by following a letter sent to our Reservations Department (by registered letter with acknowledgment of receipt and a copy of your statement to dispute reception for the cases provided for) this within a maximum period of one month after the end of your stay.
In case of non-use of a prepaid service, no refund will be granted. We remind you that the forgetfulness of personal belongings inside your accommodation, during check-out, is not the responsibility of HÔTELS & RESIDENCES .
13 - GENERAL AND SPECIAL CONDITIONS
Booking one of our holidays implies acceptance of our general and special sales conditions. We present a general description and photos of our accommodation indication. Some accommodation are equipped for people with reduced mobility. For more information, please ask our Reservations Department. We remind you, moreover, that any request regarding a specific situation or orientation of the accommodation is considered a simple preference and does not constitute a contractual guarantee. All information provided by the sports and leisure activities of the ski resorts and their surroundings are transmitted to us by tourist offices and we communicated them as a guide. They cannot engage our responsibility in the case of one of them no longer exists during your stay. For further information on these ski resorts, please go directly to their respective offices. Check with our reservations service on opening dates, sports facilities (type and quantity), activities or services offered by the site and that determined your choice on it.
14 - RESPONSIBILITY
Rentals in tourism residence have not the same responsibility as hotel. Consequently, the responsibility of MGM HÔTELS & RESIDENCES cannot be held in case of loss, theft or damage to personal effects in our residences, both in the accommodation, in the parking lot or the common rooms (ski storage).