General sales conditions

PREAMBLE

The Customer is invited to read carefully the whole of these General Terms and Conditions of Sale which describe :

the Unique Experience service enabling the online ordering of services available in the Establishment and accessible via the https://villalatosca.experience-unique.com website (hereinafter referred to as the ‘Site’).

These General Terms and Conditions of Sale apply to any order for one or more Offers (hereinafter referred to as the ‘Order’) placed by the purchaser (hereinafter referred to as the “Customer”) on the Site with the company issuing the Offer (hereinafter referred to as the ‘Establishment’).

This service is for strictly personal use only.

These General Terms and Conditions of Sale shall prevail over any other general or special terms and conditions not expressly approved by the Establishment.

The Establishment reserves the right to modify the General Terms and Conditions of Sale at any time, without prior notice. In this case, the new conditions will apply to all new Orders, as well as to all current operations, from the date on which they are brought to the attention of the Customer by any means.

The fact that the Establishment does not invoke these General Terms and Conditions of Sale at a given time may not be interpreted as a waiver of the right to invoke them at a later date.

I-/ Definitions

In these General Terms and Conditions of Sale (GTCS), the terms defined below, beginning with a capital letter, in the plural as well as in the singular, have the following meanings:

Customer: refers to the person who purchases the Offer, it being understood that the Customer may or may not be the Beneficiary of the service depending on whether he/she will be making personal use of the Offer or whether it is intended for the use of another Beneficiary.

Order: refers to any reservation of packages, evenings, special offers by the hour or by the day, on request or online, with or without allotment, made by a Customer.

Expérience Unique® Console: refers to the software licence for the online sale of packages, evenings and special offers by the hour or by the day, on request or online, with or without allotment.

Personal data: refers to any information that makes it possible, particularly on the Internet, to identify a natural person directly or indirectly (surname, first name, e-mail address).

Establishment: refers to the company offering the Offer for sale and responsible for collection, invoicing, service compliance and all obligations relating to the Offer, it being specified that this company may subcontract part of the services to another service provider.

Offer: refers to a packaged or unitary offer of services within an establishment, such as, for example, a stay, a stay including a dinner and a SPA, a gourmet dinner, a SPA service, cookery lessons, etc....

Service: refers to the entire Offer provided by the establishment to the Beneficiary. This is the service offered by the Establishment using the Console Expérience Unique® solution on the Site, from the selection of Offers contained on the Site, subject to the availability of the Establishment on the dates chosen by the Customer.

Site: refers to the https://villalatosca.experience-unique.com Site.

II-/ General Terms and Conditions of Sale (GTCS)

The Establishment offers online Offers to be ordered with an obligation to pay, developed under the URL: https://villalatosca.experience-unique.com, SARL HOSPITALITY SERVICES with a share capital of373000 Euros, whose registered office is located at 10 allée du Bassin 33138 Lanton, France, registered with the RCS of Bordeaux under the number 524452349.

The Client is invited to carefully read the entirety of these General Conditions of Sale (GCS) which define the terms and conditions under which the sale of the Offer is carried out by SARL HOSPITALITY SERVICES.

ARTICLE 1: APPLICATION AND ENFORCEABILITY

Any Order placed by the Customer implies their unreserved acceptance of and full compliance with these GTS.

The Customer hereby acknowledges having read these GTS prior to placing an Order.

These General Terms and Conditions of Sale therefore only apply to Offer orders placed on the https://villalatosca.experience-unique.com website, directly by telephone: +33(0)5 56 60 29 86, or at the establishment's reception desk.

The Establishment reserves the right to modify these GCS at any time. In this case, the new conditions will apply to all new orders, as well as to all current operations, from the date on which they are brought to the attention of the Customer by any means. These General Terms and Conditions of Sale are valid from 23/07/2025. From this date, they cancel and replace all previous versions of these conditions.

The Customer declares that he/she has the legal capacity, in accordance with articles 1145 et seq. of the French Civil Code, to contract and use the Site in accordance with the General Terms and Conditions of Sale and Use of the Site.

The purpose of these GTC is to govern the relationship between the Establishment and the Customer, in addition to any written Contract and on all matters not covered by a written agreement, under the conditions set out in article 2 below.

The Customer declares that he/she uses the Site in accordance with the General Terms and Conditions of Sale, in his/her own name and/or in the name and on behalf of any final Beneficiary of the Service, for whom he/she expressly acknowledges that he/she is the authorised representative. The General Terms and Conditions of Sale are enforceable against the Customer and any final Beneficiary of the Service.

These GCS take precedence over any other document issued by the Customer, in particular any Purchasing Conditions, unless expressly agreed otherwise in advance by the Establishment. The fact that the Establishment does not avail itself of the Contract and/or these GCS at a given time may not be interpreted as a waiver of its right to do so at a later date.

Customers must have a valid and active e-mail address and must ensure that they receive their e-mails correctly.

If the Customer sends incorrect contact details at any stage of the booking process, the Establishment cannot be held liable and the Establishment cannot be held responsible for any negligence on the part of the Customer in this respect. Acceptance of the GTCS implies express and irrevocable acceptance of the use of electronic media as a means of communication and conclusion of the contract between the Customer and the Establishment. In this respect, the Customer is solely responsible for regularly consulting his/her e-mail box.

Fraudulent use of the Site, or use which contravenes these GTC, shall justify the Customer being denied access to the Services at any time.

Except in the case of fraud, for which it is the Customer's and the Beneficiary's responsibility to provide proof, the Customer and the Beneficiary are financially responsible for their actions on the Site, in particular for the use made of their user name and password. They also guarantee the truthfulness and accuracy of the information they enter on the Site.

ARTICLE 2: FORMATION OF THE CONTRACT AND ORDERING PROCESS

Customers place their Orders directly :

by Internet on the Site: https://villalatosca.experience-unique.com,
by telephone: +33(0)5 56 60 29 86,
at the Establishment.

There are two distinct procedures for placing Orders on the Site, which are described below.

The procedure for placing online Orders on the Site comprises the following stages:

Selection on the Site of an Offer to be added to the basket,
Choice on the Site of the date for the Offer, it being specified that the price indicated in the box corresponding to each date is the minimum price,
Click on ‘select this experience’,
Possibility of adding personalised options to be added to the Offer, the tab added in green appears when a personalised option has been added,
Following this selection, display of a summary known as ‘my basket’ showing all the choices made in the Offer.

Click on ‘next step’,
Create a customer account to authenticate the Customer and log in to the account, or the Customer can order in guest mode by simply entering the title, first name, surname and e-mail address,
Display a summary of the shopping basket, enabling the Customer to check the details of their Order and make any changes they deem necessary, check their billing address, choose their method of payment, register their Order and accept these GTC, then complete the Order by clicking on ‘validate and pay’,
Validation of payment by the Customer by bank card via a secure interface generated by a secure payment service provider. Once payment has been validated, the Order is definitive and the Customer will be sent an Order confirmation e-mail summarising all the elements relating to the Order.
Once the Order has been confirmed, the Customer will have access to his/her account, if he/she has one, enabling him/her to track his/her Orders. If the Customer has chosen guest mode, they will receive e-mail updates.

The procedure for placing on-request Orders on the Site comprises the following stages:

Possibility of adding personalised options to be added to the Offer, the tab added in green appears when a personalised option has been added,
Following this selection, display of a summary known as ‘my basket’ showing all the choices and the total price of the Offer selected,
Click on ‘next step’,
Creation of the customer account to enable the Customer to authenticate and connect to the account, or the Customer may order in guest mode by simply entering the title, first name, surname and email address,
A summary of the basket is displayed, enabling the Customer to check the details of their Order and make any changes they deem necessary, to tick their billing address, to finalise their request and to finish by ‘clicking’ and selecting ‘next step’,
A summary of the request is displayed, mentioning any special requests (optional), the billing address, a box allowing the Customer to accept these General Terms and Conditions and then complete the request by clicking ‘send my request’,
Once the request has been validated, an email summarising all the elements relating to the request will be sent to the Customer,

The establishment will send the Customer an experience proposal including the elements of the Offer and the terms of payment,

Once their Order has been confirmed, Customers will have access to their account, if they have one, enabling them to track their Orders. If the Customer has chosen guest mode, they will receive email updates.

ARTICLE 3: Characteristics of the Offer

In accordance with Article L 111-1 of the French Consumer Code, the Client may, prior to placing an Order, consult the essential characteristics of the service(s) they wish to order on the Website.

The Client selects one or more Offer(s) from the various categories available on the Website.

ARTICLE 4: Terms of Use of the Offers

Article 4.1: If the Client is not the Beneficiary of the Offer, they are invited to inform the Beneficiary of the conditions detailed below.

Article 4.2: The Offer is valid only on the specific dates and days reserved.

Article 4.3: The Client acknowledges that the services included in the Offer do not include transportation, unless transportation is specifically mentioned in the reservation, to the location of the Establishment's service.

Article 4.4: The Establishment makes its best efforts to describe the service and provide photographs and illustrations giving the Client an overview of the services offered. These photographs and illustrations are not contractual and shall not constitute an essential element of the contract. They are for informational purposes only and may differ slightly from the actual Offers. Changes may occur between the date the photograph or illustration was taken and the date of the reservation. Therefore, variations may exist between the images shown on the Website and the actual service provided. In any case, these differences do not affect the characteristics of the Offers and do not engage the responsibility of the Establishment.

Article 4.5: If the Establishment subcontracts part of the service included in the Offer to another provider on behalf of the Client or Beneficiary, the delivery of the service is subject to the specific conditions of that provider, particularly regarding cancellation or modification of the reservation, age limits, and physical conditions of the Beneficiary(ies).

In such cases, the provider entrusted with the execution of the service is solely responsible for its proper execution. Nevertheless, the Establishment will make its best efforts to find an amicable solution to any dispute between the Establishment and the Beneficiary.

Article 4.6: As part of the services included in the Offer, the Beneficiary declares that they have sufficient insurance coverage/multi-risk cancellation and/or assistance, especially for certain sports and/or leisure activities. No insurance is included in the services. The Beneficiary is reminded that receiving services under safe conditions does not exempt them from observing basic safety rules for sports and/or leisure activities. The Beneficiary alone accepts the associated risks and releases the Establishment from any liability in this regard.

Article 4.7: The Client declares that they are fully aware of the specific conditions set by the Establishment, particularly regarding weather conditions, age limits, and physical conditions (e.g., pregnancy) of the Beneficiary(ies) for the reserved activities.

Article 4.8: Offers are reserved for adult Clients (over 18 years old). The Establishment cannot accept the registration of a minor not accompanied by an adult (as defined by law). Therefore, the Establishment cannot be held responsible for failing to deliver the agreed services if, despite this prohibition, an unaccompanied minor is registered without the Establishment's knowledge for one of the Offers on the Website. Such behavior would be considered a fault of the Client, releasing the Establishment from any liability.

Article 4.9: The Client is duly informed that, in accordance with Article L-3342-1 of the French Public Health Code, when the service included in the Offer involves a gastronomic dinner with drinks, the sale of alcoholic beverages to minors under 18 is prohibited. The Client therefore undertakes to ensure that the Beneficiary of the Offer is at least 18 years old at the time of the service if it includes the provision of alcoholic beverages. The Establishment reminds that alcohol abuse is dangerous for health. Consume in moderation.

Article 4.10: A Beneficiary with a disability or incapacity must inform the Establishment and specify any special needs at the time of reservation. The Establishment will make its best efforts to take appropriate measures whenever possible, noting that full and complete support for the disability or incapacity is at the discretion and sole responsibility of the Beneficiary.

ARTICLE 5: Specific Conditions for Booking Stays
Prices are calculated based on the number of nights, not days. A "night" refers to the period during which rooms are made available, from 3:00 PM on the day of arrival until 10:00 AM the following day.

If the first and/or last night is shortened due to late arrival or early departure, no refund or compensation will be granted. It is strongly recommended to notify the Accommodation in case of late arrival (after 7:00 PM).

During periods of low occupancy, the Establishment reserves the right to carry out maintenance work, reduce and/or reorganize the services offered (access to the restaurant, spa, sports activities, swimming pools, entertainment, etc.), or close one or more sections of the Establishment. This shall not be grounds for compensation, as the Client is informed of this through these General Terms and Conditions and accepts it.

ARTICLE 6: Spa Treatments and Sports Activities
Regarding spa treatments and services provided in spa, balneotherapy, or thalassotherapy centers, or sports and leisure activities, the Establishment draws the Client’s attention to the need to ensure, prior to booking and on the day of the service, that all Beneficiaries are fit to participate, taking all necessary precautions based on their health condition.

Consequently, the Establishment cannot be held liable for any incident or accident resulting from a lack of vigilance on the part of the Client or the Beneficiaries.

In certain cases, a medical examination may be required by the Establishment to ensure the Beneficiaries are in suitable health to enjoy the services.

If participation is refused following the medical examination, the Establishment cannot be held responsible for the decision to deny access to the service.

ARTICLE 7: Cancellation Conditions
Unless otherwise stated on the Website at the time of ordering, and except in cases of exceptional and unavoidable circumstances, the Client who cancels or modifies the service before departure forfeits all amounts already paid to the Establishment. In the case of partial or installment payments, the Client is also required to pay the remaining balance, representing 100% of the total cost.

By exception, certain services or Offers may be subject to specific cancellation conditions that override the general provisions above. These specific conditions will be detailed in the Offer description. By placing an Order, the Client acknowledges and accepts the cancellation terms of the Offer.

The date used to determine applicable cancellation or modification fees will be the date on which the Establishment is informed of the Client’s decision to cancel or modify the Offer.

If cancellation insurance has been purchased, it is the Client’s responsibility to complete all necessary steps to notify the insurance provider.

ARTICLE 8: Obligations of the Establishment
The Establishment declares that it holds professional liability insurance related to the provision of services and possesses all necessary authorizations and accreditations to operate in compliance with applicable legal and regulatory provisions.

ARTICLE 9: Prices and Payment Terms
Article 9.1: Prices

The Establishment reserves the right to change its prices at any time. The price of the Offers displayed on the Website is the one in effect on the day of the Order.

Prices are shown in euros and include VAT, according to the applicable rate for the relevant service and/or Offer. However, in the case of booking a stay, the tourist tax is not included and must be paid directly by the Beneficiary to the Establishment during the stay.

Article 9.2: Payment Terms and Methods

Orders must be paid using the payment methods offered by the Establishment, which will be displayed at checkout. According to the Establishment’s policy, the full transaction amount is immediately charged to the Client’s bank card or other payment method after verification and authorization from the card issuer. In accordance with the Monetary and Financial Code, the commitment to pay via a payment card is irrevocable. By providing their card details, the Client authorizes the Establishment to charge the corresponding amount.

The Client confirms they are the rightful holder of the card and that the name on the card matches their own. The Client provides the sixteen-digit card number, expiration date, and, if applicable, the CVV code.

If the full payment cannot be processed, the online sale will be automatically canceled, and the Order will be void.

The Website allows the Client to securely and confidentially transmit their payment details during the Order (SSL encryption) via the secure payment provider.

As part of this process, the Establishment may suspend the Order and contact the Client or Beneficiary to request supporting documents necessary to release the Order: proof of address, identity, or banking information. These documents must match the billing and delivery details provided during the Order and, if applicable, the cardholder’s information.

If the Order includes a personal address different from the billing address, the Establishment may contact both individuals: the one associated with the billing address and the one listed for delivery.

The information collected may be subject to automated data processing to assess transaction security and prevent credit card fraud.

These documents may be requested via email, postal mail, or phone. Failure to provide them may result in cancellation of the Order.

If the Client chooses bank transfer and the Establishment accepts this payment method, the Order will only be validated once the funds have been received in the Establishment’s account.

Similarly, if the Client chooses direct debit and the Establishment accepts this method, the Order will only be validated once the amount has been credited to the Establishment’s account

ARTICLE 10: PROCEDURES FOR EXERCISING THE LEGAL RIGHT OF WITHDRAWAL

In accordance with article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days to exercise his right of withdrawal from a contract concluded at a distance from the date of conclusion of the contract, for contracts for the provision of services, to exercise his legal right of withdrawal without having to give reasons for his decision.

If the Customer is acting as a professional, he or she does not benefit from the protective provisions of the Consumer Code, which only apply to the Beneficiary.

Article 11: Dated order

In accordance with article L. 221-28 12° of the French Consumer Code, the aforementioned right of withdrawal does not apply to ‘the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which are to be provided on a specific date or at a specific time’.

Thus, the Offers constitute a provision of services on a specific date or at a specific time within the meaning of article L. 221-28 12° of the French Consumer Code. Consequently, the Customer does not benefit from the right of withdrawal provided for in article L. 221-18 of the French Consumer Code. The contract is therefore definitively concluded as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these GCS.

ARTICLE 12: TOURIST PACKAGES

On 1 July 2018, European Directive 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services came into force, and is likely to affect certain services offered as part of the Offers.

When the service chosen by the Customer constitutes a Tourist Package, the Customer will be informed of this via the Site, prior to validating their online booking. On this occasion, they will receive all the pre-contractual information required by the French Tourism Code.

In accordance with the transposition of this Directive into French law, the Site points out that it benefits from a financial guarantee contracted with the Association Professionnelle de Solidarité du Tourisme (APST), 15 Avenue Carnot, 75017 Paris, and that it is registered with the register of travel and holiday operators in France under number IM092100098.

For any questions relating to any health formalities applicable to the tourist Packages marketed by the Establishment, the Customer is invited to visit the websites http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/conseils-par-pays/, in the ‘health’ section of each country fact sheet, and https:///www.pasteur.fr/fr , in the ‘prepare my trip’ section, in order to find out all the recommendations and obligations relating to any health risks in the country of destination.

The Customer is invited to contact the Establishment for any questions relating to the cancellation of a tourist package reservation, its transfer or the additional insurance offered by the Establishment.

The Establishment may not be held liable for any non-performance or poor performance of all or part of the service that is attributable, in whole or in part, to the Customer or the Beneficiary or to a case of force majeure, in accordance with the provisions of article L211-16 of the French Tourism Code.

ARTICLE 13: PROOF OF ORDERS/ARCHIVING

The Customer is expressly informed that only the data kept in the Establishment's databases has evidential value with regard to Orders placed.

Data stored on a computer or electronic medium shall constitute admissible and opposable evidence in the same terms and with the same evidential value as any document received and stored in writing.

ARTICLE 14: LIABILITY

In the online sales process, the Establishment is bound only by a best endeavours obligation.

The Establishment may not be held liable for any damage of any kind, whether material or immaterial, which may result from improper use of the user name, password or the method used to place the Order. The School shall not be held liable for any risks inherent in the use of the Internet, such as data loss, hacking, viruses, service interruptions or any other similar risks.

ARTICLE 15: CUSTOMER SERVICE - COMPLAINTS

Any request for information, question or complaint by the Customer must be addressed to the Establishment:

either by telephone on +33(0)5 56 60 29 86
or via our Internet Site https://villalatosca.experience-unique.com by referring to the "Contact" section,
or by registered letter with acknowledgement of receipt to the following address: SARL HOSPITALITY SERVICES, 10 allée du Bassin, 33138 Lanton - France

ARTICLE 16: INTEGRITY OF THE CONTRACT - MODIFICATION OF THE CONTRACT

The fact that the Establishment does not avail itself at a given time, either temporarily or permanently, of one of the clauses of these GCS may not be interpreted as a waiver, on its part, of its right to avail itself of one of the said conditions at a later date.

Any amendment, termination or abandonment of any of the clauses of the GCS will only be valid after express written agreement validated between the Parties.

ARTICLE 17 - INTELLECTUAL PROPERTY RIGHTS

The general structure of the Site, all elements of any kind contained on the Site, including in particular software, database structures, photographs, visuals, videographies, texts, drawings, still or animated images, sounds, graphics, logos and all other trademarks, illustrations, images and logos appearing on the Unique Experience Console and the proposals (online or in PDF) are the exclusive property of the Vendor/Establishment or, where applicable, of their respective owners from whom the Vendor/Establishment has obtained prior authorisation to use them and are protected by intellectual property rights.

In particular, the Customer undertakes not to reproduce and/or represent, download, sell, distribute, issue, translate, adapt, exploit, distribute, broadcast or communicate, in full or in part, in any form whatsoever, whether commercially or otherwise, any original intellectual work or content appearing on the Site, other than for private use.

Failure to do so may result in legal action being taken against the Customer.

ARTICLE 18 - CONFIDENTIALITY OF PERSONAL DATA

All personal data collected by the Establishment, by whatever means, is for the exclusive use of the Establishment.

In accordance with article 34 of the French Data Protection Act 78-17 of 6 January 1978 as amended and the General Data Protection Regulation (EU Regulation 2016/679) or ‘RGPD’, the Customer has the right to access, modify, rectify and delete data concerning him/her.

To exercise these rights, the Customer may contact the Establishment by e-mail at the following address: enquiries@villalatosca.com.

For more information about the collection and processing of personal data by the Establishment, the Customer may consult the Privacy Policy for personal data on our Website https://villalatosca.experience-unique.com, by referring to the ‘Privacy Policy’ section.

ARTICLE 19 - ACTS OF GOD - FORCE MAJEURE

The Establishment may not be held liable in the event that non-performance of its obligations is attributable either (i) to the unforeseeable and insurmountable act of a third party to the contract, or (ii) to a case of force majeure, within the meaning of article 1218 of the French Civil Code, or (iii) in the event of impossibility of delivery due to the Customer's incorrect contact details.

RTICLE 20: INDIVISIBILITY

The nullity of one of the clauses of this contract, in particular in application of a law, a regulation or following a court decision, shall not result in the nullity of these GCS.

ARTICLE 21: APPLICABLE LAW

These GCS and the transactions arising from them are governed by and subject to French law.

These GCS are drawn up in French. In the event that they are translated into one or more foreign languages, only the French version will be deemed authentic in the event of a dispute.

ARTICLE 22: COMPETENT JURISDICTION (SETTLEMENT OF DISPUTES)

In the event of a dispute, the Customer may first contact the Vendor in order to seek an amicable solution.

All disputes which cannot be resolved amicably between the Vendor and the Customer within one (1) month of notification will be submitted to the competent French courts under the conditions of common law.

In the event of a dispute, the competent court will be the Commercial Court of Bordeaux in the case of a dispute between merchants and assimilated persons (companies, branches, etc.) and will be that of the place of domicile of the defendant in the case of a dispute with a consumer or, at the choice of the plaintiff, the place of actual delivery of the Gift Box in other cases.

In addition, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://consumer-redress.ec.europa.eu/index_fr

The Customer may also contact a mediation body such as CMAP.

Before making a complaint, the Customer must write to the company concerned by registered post with acknowledgement of receipt.

To refer the matter to the mediation body, the Customer must complete a claim form available on the https://www.cmap.fr website and follow the steps indicated on the site.

ARTICLE 23: OPPOSITION TO PHONE-SELLING
The user may register on the opposition to telephone-selling list by registering free of charge on the website: https://www.bloctel.gouv.fr