Public Booking Terms and Conditions
This offer is offered in Australia by A.P.V.C. Limited ABN 54 093 228 141 in its capacity as the responsible entity for the Accor Vacation Club ARSN 094 718 108 (“AVC”).
These general terms and conditions (hereinafter, the “General Terms and Conditions“) are intended to define the terms and conditions under which AVC allows its customers (hereinafter, the “Customer(s)“) to benefit from all of the services, particularly reservation services, that are available for public bookings, and are further described below. For the avoidance of doubt, these General Terms and Conditions do not apply to Members of the AVC and Members should refer to the Club Regulations for the rules and regulations of making a reservation of Club Accommodation or External Accommodation (as defined in the Club Regulations).
Prior to reserving any Service offered by AVC, the Customer declares (i) that said Customer is acting for his/her own personal purposes that are not part of said Customer’s commercial, industrial, artisanal, independent or agricultural activity and (ii) the Customer has the full legal capacity to accept these current General Terms and Conditions.
The Customer is invited to carefully read these General Terms and Conditions, whose prior acceptance is mandatory for the reservation of any Service offered by AVC. Customers are advised to save and print these General Terms and Conditions using the standard functionalities of their browser and computer.
AVC reserves the right to modify or supplement, at any time, all or part of these General Terms and Conditions. In this case, the new version of the General Terms and Conditions will be available on this website with the effective date. Customers are advised to regularly consult the General Terms and Conditions to be aware of any changes. In any case, the Customer will only be bound by the version of the General Terms and Conditions in force at the time that the Customer makes the reservation of his/her Service.
The Customer assumes the exclusive responsibility of paying, if necessary, for all the technical means necessary to gain access to the website.
2. DESCRIPTION OF THE SERVICES
2.1 AVC SERVICES
AVC offers reservation services for hotel rooms or other types of accommodation (“Accommodation Services“) (2.1.1) by way of direct marketing to the Customer via Electronic Mail (Marketing E-Mail).
2.1.1 ACCOMMODATION SERVICES
From time to time, AVC offers the reservation of rooms in hotels or other types of accommodation operated under an ACCOR brand (hereinafter individually referred to as an “Establishment” and collectively referred to as the “Establishments“).
The essential characteristics, availability dates, price, options offered, payment conditions and particular conditions of sale applicable to the selected rate (stay dates, sale dates, cancellation conditions, check-in time, Customer rate conditions, etc.) of the offered Establishments are presented during the reservation process as described in Clause 3 below.
In this respect, it is noted that each Establishment may have its own special terms and conditions applicable to the selected rate also available on the Marketing E-Mail (hereinafter, the “Special Conditions“) which are brought to the attention of the Customer prior to any reservation on the Marketing E-Mail. For example, stay dates, sale dates, check-in and check-out times, cancellation period, Wi-Fi access, specific conditions applicable to children, and whether animals are allowed on a leash or in a cage in the common areas of the establishment (for hygiene reasons, animals are never allowed in the dining rooms) may be detailed in the Special Conditions.
3. RESERVATION PROCESS
The Customer chooses any Service presented by way of a Marketing E-Mail by following the process provided for this purpose.
3.1 RESERVATION OF ACCOMMODATION SERVICES BY AVC
Accommodation Service reservations are made by the Customer by contacting the Establishment that is being marketed by way of a Marketing E-Mail.
The reservation process varies according to the Customer path and request; it includes the following steps:
– Step 1: the distribution of a Marketing E-Mail to the Customer with an offer of Accommodation Service by an Establishment including the rate offer, Special Conditions (if any) and contact details of the Establishment;
– Step 2: the Customer contacts the Establishment and provides the Establishment with the details and characteristics of the Accommodation Service required by the Customer, including but not limited to, the characteristics of the Accommodation (type of room, size of the room, TV, minibar, etc.), length of stay, options offered (for example: breakfast, Wi-Fi access, etc.);
– Step 3: the Establishment inputs the details and characteristics of the Accommodation Service requested by the Customer and provides the Customer with the availability of the Accommodation Service, the total price of the reservation including details of the applicable taxes, the legal information form in the case of a related travel service or tour package, and any applicable Special Conditions (cancellation policy, check-in time, etc.);
– Step 4: the summary of the Accommodation Service reservation with:
(i) a statement of the main features (length of stay, features of the Accommodation Service, amount inclusive of applicable taxes) and,
(ii) indication by the Customer of his/her contact information: either through identification by means of an existing account, or by providing mandatory information to the Establishment required to process the reservation;
– Step 5: the completion of the Accommodation Service reservation by the Customer with:
(i) an indication of his/her payment information, either in the event of the partial or total pre-payment of the reservation prior to the stay, or in the event of a request for a reservation guarantee for the Accommodation Service and:
(ii) the review and acceptance of the General Terms and Conditions and the Special Conditions relating to the reservation prior to acceptance by the Customer;
– Step 6: the acceptance of the reservation of the Accommodation Service(s) by AVC and the Establishment concerned;
– Step 7: an email confirming the reservation of the Accommodation Service(s) is sent to the Customer summarising the Accommodation Service(s) reserved, the price(s), the Special Conditions accepted by the Customer, the date of the reservation made, the information relating to the after-sales service and access to the General Terms and Conditions and the address of the Establishment at which the Customer can submit any queries, requests or complaints.
All reservations are considered made upon receipt by the Customer of the confirmation email.
4. PRICE AND PAYMENT
The prices related to the reservation of the Accommodation Services are indicated before, during and after the reservation.
For Accommodation Services, the prices shown are per room for the number of people and date selected.
When confirming the reservation of an Accommodation Service, the total price is indicated to the Customer in the amount with taxes included in the business currency of the Establishment (which in some cases may be different from the local currency of the Establishment) and is valid only for the period indicated on the Marketing E-Mail and subject to availability.
If the payment of the total price of the booked Accommodation Service is made at the Establishment in a currency other than that confirmed on the reservation, the currency exchange costs are the responsibility of the Customer. Note that if a conversion of the currency confirmed on the reservation into another currency appears on the Site, it is given only for informational purposes and is not contractual, especially given the possible change of exchange rates between the reservation date and the dates of stay at the Establishment.
Unless otherwise stated in the Marketing E-Mail, the options (for example, breakfast, half-board, full-board etc.) that are not offered during the reservation of the Accommodation Service are not included in the price.
Any modification or introduction of new legal or regulatory fees imposed by the competent authorities will automatically be reflected in the price indicated on the billing date.
The Customer provides his/her payment information (i) to pre-pay the reservation before the stay; or (ii) as a guarantee of the reservation,
Payment methods include all major credit cards including, but not limited to, Visa, Mastercard and American Express cards, as well as bank transfer and gift cards. Diners is not accepted. This list is subject to change.
In the event of payment to the Establishment or any other entity, each Establishment or any other entity may accept different means of payment, but the Customer must present the credit card to the Establishment that they used to guarantee the reservation or make the pre-payment. The Establishment may also ask the Customer to present an identification document for the purpose of credit card fraud prevention.
If the Customer has not pre-paid for his/her stay, the Establishment may, upon arrival, ask the Customer for a deposit or an authorisation to debit the credit card to guarantee payment of the sums corresponding to the services consumed on-site.
In the event of a “No-show” for the reservation of an Accommodation Service (namely, a reservation not cancelled by the Customer who does not appear) guaranteed by credit card, the Establishment will charge the Customer, as a lump sum, the cost of the first night on the credit card that has been given as a guarantee for the reservation and any additional nights of the reservation will be cancelled free of charge, unless otherwise indicated in the Special Conditions.
At the time of pre-payment, the amount that is debited when reserving the Accommodation Service includes the total amount indicated at the time of reservation (including all applicable taxes) and, if applicable, the price of the options selected by the Customer, as described in Clause 4.1 above.
5. CANCELLATION OR MODIFICATION OF A SERVICE RESERVATION
For each reservation of an Accommodation Service, the Special Conditions specify the conditions to cancel and/or modify the reservation. Any cancellation fees payable by you will be deducted from any monies paid by you to the Establishment and if insufficient funds are available, the Establishment may charge, and you authorise the Establishment to charge, the credit card details of which you provided at the time of making your reservation.
Reservations with prepayment will not be subject to any changes and/or cancellations. The deposit (money paid in advance) will not be reimbursed. This is noted in the Special Conditions.
When the Special Conditions allow, the cancellation or modification of the reservation of an Accommodation Service can be done directly with the Establishment, whose contact information, including telephone number, is specified on the reservation confirmation e-mail.
In the event of an interruption of an Accommodation Service by the Customer, the entire agreed-upon price will be charged. No refund will be granted in the event of a reservation with pre-payment prior to the stay.
In the case of an Accommodation Service, unless otherwise expressly stipulated in the Special Conditions, the Customer must leave the room of the Establishment before the time indicated by the Establishment, generally 10.00am on the last day of the reservation. Otherwise, the Customer will be charged for an additional night.
6. OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER
The Customer is solely responsible for his/her choice of Accommodation Services and their suitability for his/her needs, so that AVC or the Establishment cannot be pursued for liability in this regard.
The Customer is also solely responsible for the information provided to the Establishment when making a reservation of an Accommodation Service. AVC and/or the Establishment cannot be held liable for any erroneous or fraudulent information provided by the Customer. In addition, only the Customer is responsible for any reservation made, both on behalf of the Customer and on behalf of third parties, including minors, except to demonstrate fraudulent use arising from no fault or negligence on the part of such Customer. In this respect, the Customer must immediately inform AVC and/or the Establishment of any hacking or fraudulent use of their e-mail address by contacting the Privacy Officer or the Establishment, whose details are provided in Clause 9.
The Customer agrees to book and use the Accommodation Services offered therein in compliance with the applicable regulations and these General Terms and Conditions. In the event of a breach of the Customer’s obligations under these General Terms and Conditions, the Customer is liable for damages caused by him/her to AVC, the Establishment or third parties. In this regard, the Customer commits to guaranteeing AVC and the Establishment against all claims, actions or recourse of any kind that may arise and to compensate for any damages, fees or any compensation related thereto.
The Customer, in particular, commits to making a final reservation of an Accommodation Service, pay the price thereof and comply with the Special Conditions relating thereto. In fact:
– Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the Accommodation Service reservation at the expense of the Customer, without prejudice to any action that AVC or the Establishment may bring against such a Customer;
– Any behaviour contrary to good morals and public order at the Establishment, as well as any violation of the Internal Regulations of the Establishment will cause the Director of the Establishment and/or any other service provider to ask the Customer to leave the premises without any compensation and/or refund if a payment has already been made. In the case where no payment has yet been made, the Customer must pay the price of the Services consumed before leaving the Establishment;
– The Customer also undertakes to ensure that the computer resources made available by the Establishment (including the Wi-Fi network) are not used in any way to reproduce, represent, make available or communicate to the public works or objects protected by copyright or related intellectual property rights, such as text, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the right holders provided in the applicable copyright laws when such authorisation is required. The Customer is also required to comply with the security policy of the internet access provider of the Establishment, including the guidelines for the security measures implemented to prevent the illicit use of resources and to refrain from any act undermining the effectiveness of such measures.
7. OBLIGATIONS AND RESPONSIBILITY OF AVC
AVC undertakes, within an obligation of means, to provide access to the Services offered in accordance with the General Terms and Conditions and to act with diligence and competence.
AVC may serve as an intermediary between each of the Establishments and the Customer, which the Customer recognises and expressly accepts. As such, AVC has a mandate regarding the negotiation, training and marketing of Accommodation Services at the Establishments. It is noted that the Establishments may be operated by legal entities that are distinct from AVC.
The Customer acknowledges and agrees that in the event of litigation and/or a complaint relating to a stay at an Establishment or the reservation of an Accommodation Service, the Customer undertakes to exclusively contact the operating company of the Establishment concerned and that in this respect, the Customer cannot in any way seek the liability of AVC or any AVC group company for deficiencies attributable to the Establishment.
8. FORCE MAJEURE
Neither of the Parties can be held liable to the other party in the event of the non-fulfilment of its obligations resulting from a force majeure event. It is expressly agreed that a force majeure event suspends the performance of the reciprocal obligations of the Parties and that each Party bears the burden of the costs arising therefrom. If a force majeure event lasts more than thirty (30) days after its occurrence, these General Terms and Conditions may be terminated by any of the Parties without any of them being able to claim damages.
In the case of a force majeure event or another exceptional event that prevents the performance of the Accommodation Service and, in particular, making the room of the Establishment available to the Customer, the Establishment may reserve the option of providing accommodation to the Customer, in whole or in part, at an Establishment in the equivalent category or perform an Accommodation Service of the same nature, subject to the prior agreement of the Customer.
9. CUSTOMER SERVICE AND COMPLAINTS
Customer Service is at your disposal to address any claim relating to an Accommodation Service by contacting the Establishment directly as indicated in the Marketing E-Mail.
Or you may write to at the General Manger of Hotel Operations at:
Attention: General Manger of Hotel Operations
Accor Vacation Club,
Mantra on View Hotel, Ground Floor
22 View Avenue
Surfers Paradise, QLD 4217
10. PRIVACY AND PERSONAL DATA PROTECTION
The input of the required bank information and the acceptance of these General Terms and Conditions and the Special Terms and Conditions by electronic means constitute an electronic contract between the Parties which is proof between the Parties of the reservation of the Accommodation Service and the payment of the sums due upon the execution of said reservation.
The General Terms and Conditions and the applicable Special Conditions constitute the entirety of the obligations of the Parties. No other condition communicated by the Customer may be incorporated herein.
In the event of a contradiction between the Special Conditions and the General Terms and Conditions, the Special Conditions will be the only ones applicable for the obligation concerned.
If one or more stipulations of these General Terms and Conditions are deemed to be invalid or declared as such under a law, regulation or following a decision adjudicated by a competent jurisdiction that has become final, any other stipulations shall remain in force to their full extent.
The Customer acknowledges and agrees that AVC may assign these General Terms and Conditions and all of the rights and obligations attached thereto to any third party without the prior written consent of the Customer. The Customer agrees that such assignment releases AVC for future deeds. The Customer may not assign the General Terms and Conditions, nor the rights and obligations attached thereto to third parties without the prior written consent of AVC.
12. APPLICABLE LAW
These General Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.