General terms and conditions of sale

Contents:

1. Accommodation
2. Bars & Restaurants 

2. Purpose

 

These GTCs define the rights and obligations of the Customer and SBM, which apply to any booking made by the Customer and confirmed by SBM.

 

SBM reserves the right to amend the GTCs at any time and the version of the GTCs applicable to the Customer is the one in force at the time of confirmation of the booking, which is available on the website.

3. Bookings

 

The Customer can make a booking either on the SBM website or directly by telephone or by email to Customer Services using the contact details given in article 17.

 

The Customer chooses, alone and under his/her sole responsibility, the services offered by SBM within the Resort’s Hotels and acknowledges having read the descriptions of each service booked. The Customer chooses the services and dates of stay at the Resort’s Hotels from among a number of price offers.

 

Any confirmation of a booking implies unreserved acceptance of the prices and descriptions of the services. 

For Customers who make a booking on the SBM website, a booking summary is visible before the booking is confirmed.

 

For Customers who make a booking by contacting Customer Services, a booking proposal or confirmation will be sent by email.

 

In order to confirm their booking, Customers are asked to read the GTCs and complete the fields for entering their credit card details (on the website) or provide their bank details (online) for guarantee or prepayment purposes, depending on the services booked. In the case of prepayment, a secure link is sent to the Customer.

 

Subject to verification of the credit card details by the Customer’s bank, the booking will be definitively confirmed in the form of a confirmation sent by email from the Establishment concerned.

The Hotel reserves the right to debit your credit card for the full amount of your stay under the conditions described in Articles 11 and 12. For stays of more than 10 nights, or as applicable for the specific products and offers, full prepayment of the booking is required.

Any failure, rejection or invalidity of the verification or payment procedure with banking or credit institutions will result in automatic cancellation of the booking.

4. Payment

 

Upon arrival at the Hotel, the Customer must present proof of identity and the bank card used to make the booking at the Hotel reception desk.

 

The Customer acknowledges that the prepayment or payment debited at the time of booking constitutes a definitive deposit paid to SBM in the event of a non-changeable and non-refundable booking in accordance with the cancellation policy as defined in Article 11.

 

During the Customer’s stay, the Customer may not request any reimbursement or replacement of the method of payment used at the time of booking.

 

On arrival at the Hotel, the Customer’s bank card is pre-authorised by the Hotel as a guarantee of the Customer’s stay and payment for services and consumption.

 

In the case of a stay of more than 7 (seven) nights, the Hotel will issue an invoice covering all the hotel services consumed over each period of 7 (seven) nights. The Customer must pay each of these invoices in order to continue their stay.

 

Payment for the stay can be made by the Customer using the following payment methods:

cheque made out in euros only or cash not exceeding the limit set by the regulations in force; bank card in the Customer’s name; bank transfer for which the Customer must be the instructing party.

 

Payment for the Customer’s stay must be made before he/she leaves the hotel.

 

All prices are quoted and payable in euros. Any payments in foreign currency will be charged at the rate set by the Establishment.

The Customer is hereby informed that the amounts specified at the time of booking do not include tourist tax or any other additional service, which are payable directly to the Hotel at the latest at the time of the Customer’s departure from the Hotel.

 

In the event of non-payment by the Customer, SBM reserves the right to register the Customer in a file listing incidents of this type; to decline any future bookings; and to take any action to recover the sums due.

5. Customer arrival and departure

 

The Hotel will welcome the Customer on arrival from 3 p.m. (or 4 p.m. for certain establishments), known as “Check-in”. Specific times for the Hôtel Monte-Carlo Bay and its facilities can be viewed on the website.

 

The Customer must check out (“Check-out”) at the end of his/her stay before midday.

 

In the event that the Hotel accepts a request from the Customer to Check-in earlier or Check-out later, this service will be invoiced at 50% (fifty percent) of the rate for one night in addition to the price of the stay. Any Check-out after 4 p.m. will be charged at 100% (one hundred per cent) in addition to the price of one night’s stay.

6. Terms and conditions of the Customer’s stay

 

On arrival at the Hotel, the Customer, his/her accompanying persons and children must complete a police form and present valid identification.

 

On arrival at the Hotel, the Customer will receive a personal “Monte-Carlo Pass® Card”.

 

This card provides the Customer with:

• Access to his/her bedroom,
• High speed Wifi in room, 
• The ability to charge expenses to his/her room throughout the Resort,
• Complimentary shuttle transfers within the Resort.

7. Rules and Regulations

 

Any behaviour by the Customer that is contrary to good morals, public order or the Rules and Regulations of the Hotel concerned (available from the Hotel reception desk), or that is likely to cause harm to SBM, may result in SBM asking the Customer to leave the premises without any compensation being due and without prejudice to SBM’s right to receive payment for the stay owed by the Customer and to take any type of action to obtain compensation for any harm suffered.

8. Packages

 

For reasons of health and safety, packages received by the Hotel on behalf of the Customer must be opened by the Customer in the presence of a member of SBM’s staff. SBM reserves the right to prohibit the opening of packages and/or the introduction into the establishment of the objects contained in the packages, and their use therein, if they could pose a potential threat to the health and/or safety of the establishment and its Customers. SBM also reserves the right to decline to store packages on its premises, even when closed, if there is a risk to health and/or safety. In this case, the Customer must collect the packages without delay. In the event that the Customer has any package or letter delivered to a Hotel before or during the stay, SBM may not, under any circumstances, be held responsible for any incident, degradation, incorrect number of packages, damaged packages or any delivery problem. The Customer must contact his or her supplier or the carrier directly in the event of difficulty. The Customer is responsible for any customs charges incurred on receipt of a parcel and must pay these to the carrier, if applicable, before leaving the Hotel.

9. Additional services

 

For all bookings that do not include breakfast, the Customer is informed that he/she may have breakfast in the hotel restaurant or in the room, chargeable at an additional cost at the applicable rate.

 

A baby cot (0-2 years) is available on request and is provided free of charge by the hotel.

 

In all Resort hotels (except Hôtel Monte-Carlo Bay): for children under 12, the extra bed is free and breakfast is à la carte.

For guests aged 12 and over, the extra bed is charged at the applicable rate and is only available in certain room and suite categories.

The pricing policy for children’s beds at the Hotel Monte-Carlo Bay should be viewed on the website.

Parking of the Customer’s vehicle will be invoiced at the current rate.

 

Under certain conditions, the Hôtel Hermitage Monte Carlo and the Hôtel de Paris Monte Carlo allow dogs, to be kept on a lead at all times, and weighing no more than 7 kilograms, and the Customer will be charged €50 per animal per day, with meals not included. The Customer shall ensure that his/her dog is up to date with all vaccinations required in the Principality of Monaco and in France, and that it presents no health or hygiene risks.

 

No pets are allowed in the restaurants, bars, beach areas and spas of any of the Resort’s Hotels.

10. Relocation

 

If it becomes necessary to relocate the Customer for any technical, security-related or administrative reason not foreseen at the time of booking, SBM undertakes to contact the Customer without delay. In all cases, SBM will provide the Customer with accommodation of an equivalent or higher category for services of the same nature, with all costs involved in the transfer remaining the responsibility of SBM, which will not be liable to pay any additional compensation.

11. Terms and conditions for cancellations or amendments by the customer

 

Bookings can be made via the SBM website or directly by contacting Customer Services, depending on the services and season concerned, with or without the option of cancellation.

 

In the case of bookings with a cancellation option, the Customer may cancel the booked stay free of charge by contacting SBM Customer Services up to 21/10/7/3 days before the date of arrival. After this time, depending on the booking made and the season concerned, variable penalties (from the total amount of the stay to one night) will be applied.

 

The same conditions apply in the event of a no-show at the hotel, a shortened stay or early departure.

 

The terms and conditions for cancellation or amendment by the Customer are specified when the Customer books the holiday and in the booking confirmation email sent to the Customer by SBM.

 

In the event of a booking without the right to cancel, the payment to SBM is made on a definitive basis, without any possible recourse on the part of the Customer or any option for reimbursement, even in the event that the Customer decides to curtail his/her stay or bring forward his/her departure, for any reason whatsoever; and with the exception of the cases provided for in Article 13, the total price of his/her stay and goods and services consumed will be collected by the Hotel.

12. No-show by the Customer

 

If the Customer fails to arrive at the Resort Hotels on the date agreed at the time of booking, SBM will invoice the Customer as follows:

- in the case of a non-prepaid booking: the booking will be cancelled and the Hotel will put the reserved room(s) back on sale, without any compensation or recourse from the Customer;

A penalty will be charged to the credit card used as a guarantee, in accordance with the cancellation policy.

- in the case of partial prepayment:  The Hotel shall be entitled, by way of compensation, to retain the full amount of the partial prepayment made as a guarantee, and the Customer is hereby informed that the room will be held for his/her use for the first night until 12 noon the following day, after which time the Hotel shall put the reserved room(s) back on sale, without compensation or recourse by the Customer; the balance shall be payable by the Customer.

 

- in the event of prepayment of the entire stay: the Hotel shall be entitled, by way of compensation, to retain the entire prepayment made as a guarantee, and the Customer is hereby informed that the room will be held for his/her use for the first night until 12 noon the following day, after which time the Hotel shall put the reserved room(s) back on sale, with no entitlement to compensation or recourse on the part of the Customer;

13. Force majeure

 

The parties may not be held liable in the event of non-performance or suspension of their obligations if they are unable to fulfil them as a result of a case of force majeure, which is taken to mean an event that reasonably prevents the performance of the contractual obligation and was unforeseeable at the time of the booking made by the Customer, as commonly accepted by case law, and in particular, war, national mourning, riots, demonstrations, strikes, pandemics leading to travel restrictions or quarantine or health measures imposed by governments and which the party concerned could not reasonably guard against (quarantine, isolation, testing, health pass, etc.).), or a disaster affecting its facilities.

The party seeking to claim such a case of force majeure must notify its co-contractor of the existence of the case of force majeure without delay and in any written form that can be used to acknowledge receipt.

SBM may offer the Customer a postponement of the booking, subject to availability. In the absence of agreement, a Customer who is subject to force majeure will be authorised to cancel the booking free of charge.

14. Intellectual property

SBM is the owner of the intellectual property rights and holds the rights of use for all the elements accessible on the website, including text, images, graphics, logos, icons, sounds and software.
All reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, regardless of the means or process used, is prohibited without the prior written authorisation of SBM.
Any unauthorised use of the website or of any of the elements it contains will be deemed to constitute an infringement that may result in prosecution.

15. Non-liability

 

SBM cannot be held responsible for the partial or total non-fulfilment of the booking in the event of force majeure as defined in article 13, or in the event of an error or fault attributable to the Customer, or as a result of the actions of a third party. These terms and conditions specifically cover situations such as unavailability of the website and rejection of payment by the Customer’s bank.

 

SBM declines all responsibility in the event of theft, loss or damage to belongings belonging to the Customer during the stay and in respect to services provided by third parties. SBM is only liable for direct damage resulting from intentional acts or gross negligence. All other liability is excluded.

 

SBM cannot be held responsible for any discrepancies in the images, photographs or editorial content on the website describing the booked Hotel, which have no contractually binding value.

16. Disputes - applicable law

 

The courts of Monaco will have exclusive jurisdiction over any dispute relating to the GTCs and the booking made by the Customer, and the law of Monaco will apply. 

17. Customer Services

 

In the event of a query or complaint relating to a booking, SBM invites the Customer to contact Customer Services:

- by email: [email protected]

- by telephone: +377 9806 25 25

 

The Customer is also invited to contact Customer Services in respect of any complaint arising from his/her stay, within 15 days of leaving the Hotel, after which time any complaint will no longer be accepted, at the following address:

- by email: [email protected]

- by post: Monte-Carlo Société des Bains de Mer, Service Clientèle (Customer Services), Place du Casino, BP 139, 98000 Monaco – Principality of Monaco – 98000 Monaco

18. Privacy policy

 

The confidentiality and protection of its customers’ personal data are central considerations in the Monte-Carlo Société des Bains de Mer group’s concerns and requirements.

 

The Customer is informed that SBM collects personal information under the terms of the “Privacy Policy” available on the SBM website (www.montecarlosbm.com).

The Customer is informed that his/her personal data may be passed on to third parties for the sole purpose of making their booking (including SBM establishments, the booked Hotel and electronic payment service providers in particular).

 

The personal information collected is intended for use primarily by SBM to manage the Customer’s booking and the services provided, and more generally, to cover the entire commercial relationship between the Customer and SBM (consultations, bookings, orders, surveys, informational and commercial communications, statistics).

 

This data shall be retained for as long as necessary to fulfil these purposes, and for a maximum of three years from the end of the commercial relationship. SBM may also use Customer data in order to comply with its legal obligations (including the fight against fraud or money laundering) and to enable it to respond to requests from public and government authorities.

 

 

In accordance with Regulation (EU) 2016/679 of 27 April 2016 and amended (Monaco) Law No. 1.165 of 23 December 1993, you have a right of access to, and rectification, erasure and portability of your personal data, as well as a right to object to and restrict the processing of this personal data. With proof of your identity, you may exercise your rights by contacting the Data Protection Officer (DPO) by email at [email protected]. If, after contacting the DPO, you do not feel that your rights have been upheld, you may make a claim with the French Data Protection Authority (CNIL – Commission Nationale de l’Informatique et des Libertés) or the relevant Monaco authority, the Commission for Control of Personally Identifiable Information (CCIN.mc – Commission de Contrôle des Informations Nominatives).

2. Purpose

 

These General Terms and Conditions (GTC) define the rights and obligations of the Client and ROCALPIN SAS, applicable to any Reservation made by the Client for an Establishment on the Website. 

 

ROCALPIN SAS reserves the right to modify these GTC at any time, and the version of the GTC applicable to the Client is the one in effect at the time of confirmation of their Reservation, available on the Website.

3. Booking Request

For all booking requests, an email will be sent to the Client.

 

To confirm their booking request, the Client must reply to this email, providing their personal information and acknowledging and accepting the Terms and Conditions.

4. Acceptance of the Reservation

Request Subject to availability, acceptance of the Reservation is conditional upon the establishment and as specified in the appendix:

- either payment of a Deposit,

- or a Credit Card Authorization.

 

For the purpose of paying the deposit or authorizing the credit card authorization, the Client is required to enter their credit card details on the secure payment website of the payment service provider.

 

After validation of the Deposit payment, the Reservation is definitively confirmed by the sending of a confirmation email by the establishment concerned.

 

Any failure, refusal, or invalidity in the verification and/or payment procedure with the banking or credit institutions will result in the automatic cancellation of the reservation. In the event of non-payment by the Client, SAS ROCALPIN reserves the right to register them in a file listing incidents of this type, to refuse any future Reservation and to take any action to recover the sums due.

5. Payment

 

Prices are quoted and payable in euros. Any payment made in foreign currency will be subject to the exchange rate set by the establishment.

 

Deposit Policy: Depending on the establishment, a deposit or bank authorization of one hundred euros (€100) per person, included in the booking request, is required for all reservations at the following establishments: Louis XV, Le Blue Bay. Depending on the establishment, a deposit or bank authorization of fifty euros (€50) per person, included in the booking request, is required for all reservations of 8 people or more at other establishments located in France or Monaco.

 

The Client acknowledges that the deposit payment is a sum definitively acquired by ROCALPIN SAS in the case of a non-modifiable and non-refundable reservation, in accordance with the cancellation policy as defined in Article 5.

 

Once the Reservation Confirmation email has been sent by the Establishment, the Client may not request any refund of the Deposit or any change to the payment method used for the Reservation.

 

Payment of the Balance The balance of the Reservation will be paid by the Client, upon presentation of the invoice, on the same day as the catering service provided by the Establishment.

6. Cancellation or Modification Conditions by the Client

 

The Reservation may be cancelled or modified up to seventy-two (72) hours before the reserved date and time for the catering service in question, without penalty. After this deadline, even in the event of cancellation or no-show, the full amount of the Deposit paid will be retained by ROCALPIN SAS as a penalty. In the case of a bank pre-authorization, the Client's bank account is not debited with the pre-authorization amount at the time of the Reservation, but only in the event of late cancellation or no-show, as compensation.

7. Exclusion of Liability

 

ROCALPIN SAS shall not be held liable for the partial or total non-performance of the Reservation in the event of force majeure as defined by case law, or in the event of an error or fault attributable to the Client, or to the actions of a third party. This exclusion specifically covers, in particular, the unavailability of the website or any refusal of payment by the Client's bank.

 

ROCALPIN SAS shall not be held liable for any variations in the visuals, photographs, or written content describing the reserved Establishment on the Website, insofar as these are not contractually binding.

8. Disputes - Applicable Law

 

For any dispute relating to these Terms and Conditions and the Reservation made by the Client, the Monegasque courts shall have exclusive jurisdiction, and Monegasque law shall apply.

9. Customer Service

 

For any questions or complaints regarding a Reservation, ROCALPIN SAS invites the Client to contact Customer Service:

- by email: [email protected] [email protected]

- by phone: +377 9806 25 25

10. Privacy Policy

 

The confidentiality and protection of its Clients' personal data are central to the concerns and requirements of the Monte-Carlo Société des Bains de Mer Group.

 

The Client is informed that ROCALPIN SAS collects personal information in accordance with the "Privacy Policy" available on the SBM website (www.montecarlosbm.com). The Client is informed that their personal data may be transmitted to third parties solely for the purposes of the reservation (SBM establishments, the reserved establishment, and electronic payment providers, among others).

 

The personal information collected is intended for ROCALPIN SAS for the management of the Reservation, Deposits, the Client's bank details, and more generally, all aspects of the business relationship between the Client and ROCALPIN SAS (consultations, reservations, orders, surveys, informational and commercial communications, and statistics).

 

This data will be retained for the time necessary to fulfill these purposes and for a maximum of three years from the date of booking. ROCALPIN SAS may also use the Client's data to comply with its legal obligations (including combating fraud and money laundering) and to respond to requests from public and governmental authorities.

 

In accordance with Regulation (EU) 2016/679 of 27 April 2016 and Monegasque Law No. 1.165 of 23 December 1993, as amended, you have the right to access, rectify, object to, erase, restrict the processing of, and obtain a copy of your personal data. By verifying your identity, you can exercise your rights by contacting the Data Protection Officer by email at [email protected]. If, after contacting them, you feel that your rights have not been respected, you can file a complaint with the National Commission for Information Technology and Freedoms (CNIL.fr) or with the Monegasque authority, the Commission for the Control of Personal Information (CCIN.mc).