Booking Terms and Conditions
Booking Terms and Conditions of January 2023

RECITALS
These Booking Terms and Conditions (the "Booking Terms") are exclusively applicable to bookings made with aHotel through Relais & Châteaux Entreprise, via one of the channels provided by the latter to present Offers to
Guests and allow them to make Bookings. They do not, on any account, apply to bookings made directly with aHotel, without going through Relais & Châteaux Entreprise.
These Booking Terms are issued by Relais & Châteaux Entreprise ("RCE"), a simplified joint-stock company(société par actions simplifiée) with capital of 1,024,515 Euros, registered with the Paris Trade and Companies
Register under number B 402 003 404, whose registered office is at 58-60 rue de Prony in Paris 75017.
RCE

may

be

contactedbyTelephone,

at

the

numbers

accessible

here

https://www.relaischateaux.com/us/discover/contact and by email at reservation@relaischateaux.com.

1. DEFINITIONS
The capitalised terms and phrases, whether they are used in the singular or plural, shall have the meaning
indicated either when they are first used or the meaning ascribed to them below:
Association

A non-profit organisation (Association) pursuant to the French Act of 1901 whose

Relais &registered office is at 58-60, rue de Prony, 75017 Paris, represented by Mr Laurent

Châteaux

Gardinier, its President. The Association brings together more than 580 hotels and/or
restaurants worldwide, run by independent natural or legal persons who are members of
the Association. Association Relais & Châteaux provides its members with a set ofservices particularly through its subsidiary RCE.

Account

Means the personal space dedicated to the Guest in which information concerning the
Guest and their Bookings are recorded. In accordance with the Terms and Conditions of
Account

Creation

available

here

https://static.relaischateaux.com/neo/legal/cgu_hosp_en.pdf, this Account may be a
Guest Recognition Account or a Standard Account.
Booking Terms
and Conditions
or Booking
Terms

Means these Booking Terms and Conditions.

Guest(s)Means any natural or legal person making one or more Bookings.

Open Comments

Means the section on the Website in which the Guest can provide the Hotel with any

Spacespecial information about their stay when making a Booking (e.g. preference for a roomwith a sea view, need for a cot, food allergies, etc.).

Hotel(s)Means an Association Relais & Châteaux member property whose Offers are presented
on the Website or by Telephone.

Offer(s)Means the offer made by the Hotel to the Guest to provide the Facilities and Guest
Services under the terms and conditions defined by the Hotel and presented on theWebsite or by Telephone.

Facilities andGuest Services

Means the hotel and/or restaurant facilities and services and, where applicable, any
extras offered at the time of the Booking (including, but not limited to, treatments,

transfers by boat, bouquet of flowers, etc.) provided by the Association Relais & Châteauxmember Hotels.
Booking(s)Means the Guest's acceptance of the Offer according to the terms and conditions agreed
between the Guest and the Hotel during the booking process completed on the Website
or by Telephone.

RCE Service(s)Means the service(s) provided by RCE to the Guest as defined in Article 3.

WebsiteMeans the website of RCE, accessible at: www.relaischateaux.com, and the Relais &Châteaux mobile applications, on which the Offers available for Booking(s) are presented.

Telephone

Is a means by which Bookings can be made with RCE. In this case, the Booking Terms andConditions are available online on the Website.

2. APPLICATION OF THE BOOKING TERMS
The supply of the RCE Service to the Guest is governed by these Booking Terms which form the entire agreement
between the Guest and RCE.
The Booking Terms are brought to the attention of the Guest before the Booking is finalised.
Furthermore, the Guest may access these Booking Terms, at any time, at the following address:
https://static.relaischateaux.com/neo/legal/cgr_yield_en.pdf and may download and/or print them and keep themon a durable medium.
The Booking Terms shall be sent by post, email or fax to any Guest on request.
The applicable Booking Terms are those in force on the date of finalising the Booking.

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No specific condition may prevail over the Booking Terms, unless formally accepted in writing by RCE. Therefore,
absent express acceptance, any contradicting condition raised by the Guest shall be unenforceable against RCE,
irrespective of when it is brought to its attention.
Any forbearance by RCE in availing itself at any time of any provision of these Booking Terms shall not be
construed as a waiver of the right to subsequently avail itself of any of these provisions.
When making a Booking on the Website, by ticking the box accepting these Booking Terms, the Guest
acknowledges having read and unconditionally accepts all the Booking Terms.

The Booking Terms apply to the RCE Service as soon as they are accepted by the Guest when making the Booking
and until the end of their contractual relationship with the Hotel for said Booking.
Within the framework of the RCE Service, RCE acts as an intermediary between the Guest and the Hotel. Underno circumstances does it act as supplier of the Facilities and Guest Services offered on the Website and by
Telephone, which are provided exclusively by each of the Hotels in the manner agreed by the latter with the
Guest. The Guest therefore becomes the legal co-contracting party of the Hotel. The terms and conditions of salespecific to each Hotel are accessible when making the Booking before the Guest confirms their Booking. The
Guest acknowledges that RCE is not in any way involved in defining those specific terms and conditions.

3. PURPOSE OF THE BOOKING TERMS
These Booking Terms define the terms and conditions under which RCE, as intermediary between the Hotels andthe Guest, provides the RCE Service and particularly:-

Presents the Hotels' Offers;
Receives Bookings from Guests;
After the Booking, sends all the information necessary for the Booking, as entered online, to the Hotel, forand on behalf of the Guest;-

Also sends the Guest by email, for and on behalf of the Hotel, the Booking confirmation listing the main
characteristics and conditions of the Booking and the information relative to the Facilities and Guest
Services.

4. HOTEL TERMS AND CONDITIONS OF BOOKING
4.1 Booking
The Guest is informed that to make a Booking, they will have to create an Account in compliance with the
Terms

and

ConditionsofAccount

Creationviewablehere

https://static.relaischateaux.com/neo/legal/cgu_hosp_en.pdf.
The terms and conditions of the Facilities and Guest Services can be viewed on the Website and are reproduced
during the Booking process. They are contained in the Booking confirmation sent to the Guest by email.
By finalising the Booking, the Guest acknowledges having read:these Booking Terms;

the Hotel terms and conditions of Booking, defined exclusively by each Hotel. These specific terms

3and conditions defined by each Hotel are available when making the Booking and are mentioned in
the cancellation and warranty policy issued by the latter.
4.2 Payment, Rates, Exchange Rates & Cancellation
4.2.1 Payment. Certain Hotels demand one full, non-refundable, non-cancellable, non-modifiable and nontransferrable payment. Consequently, the total amount of the Booking will be debited via the bankcard used tomake payment for a Booking. The price of the Booking debited cannot be deferred to a future Booking if the Guest
does not stay in the Hotel in which they have made the Booking.
Guests are reminded that RCE processes Bookings for and on behalf of the Hotels. Therefore, the Guest's
payment for the Booking is not collected by RCE but debited directly by the Hotel in question.
Accordingly, the Guest cannot obtain any refund of the amount of their Booking from RCE, for any reason
whatsoever, and should exercise any right they have in this respect directly with the Hotel.
4.2.2 Rates. The rates indicated in the Hotels' Offers apply to a type of room and may vary from one Hotel toanother or even within a same Hotel.
4.2.3 Exchange Rates. When making Bookings on the Website, the prices are displayed in the currency chosen
by the Guest, which may differ from the currency used by the Hotel. However, the Guest must pay the price tothe Hotel in the local currency or in the currency chosen by the Hotel for its sales, and the Booking confirmation
will include the amount in this same currency.
When Booking by Telephone, the price will be indicated to the Guest in the Hotel's currency. The Guest must pay
the price to the Hotel in the local currency and the Booking confirmation will contain the amount in this same
currency.
The price in local currency is firm and final at the time of the Booking confirmation. However, when the Booking
is confirmed, the exchange rate may vary. Therefore, the exchange rate applied to the price of the Booking is therate applicable when the bankcard is debited by the Hotel. Payment for the Booking is therefore subject toexchange rate fluctuations. Additional fees and/or commission may be payable due to this exchange rate
fluctuation. These fees and/or commissions do not depend upon RCE and remain entirely payable by the Guest,
who is encouraged to enquire about these aspects locally.
If the price of the Booking is refunded by the Hotel, the applicable exchange rate will be the rate applicable on
the date of the refund and it may therefore differ from the exchange rate applied at the time of the initial
payment. Any difference due to the fluctuation shall not give rise to any refund to the Guest who shall bear theentire cost alone.
When payment is made by bankcard, the amount of taxes and the exchange rate may vary during the period
between the Booking and the actual stay. Foreign exchange fees and/or commission for the payment in foreign
currency may be applied by the issuer of the Guest's bankcard. The Guest alone will bear the cost thereof, and istherefore encouraged to enquire about these aspects.

44.2.4 Cancellation. Depending on the conditions contained in the Offer, the Booking made by the Guest may
take the form of a cancellable Booking with or without fees or a firm Booking which permanently binds the Guest
to pay the amount due for the Facilities and Guest Services.
4.3 Minimum number of nights
Certain Hotels impose a minimum length of stay to be able to make a Booking.
Where applicable, this minimum stay is indicated on the Hotel's page when selecting dates or given to the Guest
by Telephone.
4.4 Guest's comments when making the Booking
When making a Booking, the Guest is provided with an Open Comments Space in which they may communicate
any additional information to the Hotel.

If the Guest does not finalise the Booking, this information will not be saved.
The Guest is informed that any additional information given in the Open Comments Space may not be a material
condition of the contract. The Open Comments Space is only made available to the Guest in order to provide theHotel with additional information which the Hotel will endeavour to take into account. Accordingly, if the Hoteldoes not reply, the Guest should consider that the Hotel was not able to take the comments entered in the OpenComments Space into account.
If the Guest wishes to add a material condition to their contract with the Hotel, they should contact the Hoteldirectly.
The Guest agrees to use the Open Comments Space for lawful purposes. They shall refrain from any behaviour
that could be considered unethical or contrary to the values and interests promoted by RCE. Therefore, the Guest
agrees, in particular, not to publish any content that is unlawful, harmful, injurious, racist, inciting to hatred,
negationist, contrary to good morals, invades privacy or interferes with the private rights of third parties,
particularly the image rights of persons and property, intellectual property rights or respect for private life. The
Guest also undertakes not to steal the identity and/or to publish any personal data of a third party.
RCE disclaims all liability for any comments that may be made by the Guest in the Open Comments Space, which
the Guest acknowledges by accepting these Terms.
In addition, if the Guest provides any sensitive data, within the meaning of personal data regulations, in the OpenComments Space, RCE shall process these data in accordance with said regulations. The Guest will find useful
information

concerning

theirpersonal

data

processing

here

https://www.relaischateaux.com/us/p/legal#personnal.

5. LIABILITY
Guests are reminded that RCE is only liable for the RCE Service specified in Article 3 of these Booking Terms, i.e.
mainly the presentation of Offers and the transfer of Bookings to Hotels.
Consequently, RCE shall not incur any liability to the Guest for any failing by the Hotel in providing the Facilities

5and Guest Services and particularly in the event of:

Any non-performance or breach by the Hotel of its obligations arising in respect of the Facilities andGuest Services for which the Booking is made, including, but not limited to, in the event of the Hotel’s
disappearance as a result of bankruptcy, or total or partial destruction preventing it from fulfilling its
obligations (further to damage or fire, etc.);

Any erroneous information provided by Hotels concerning the Facilities and Guest Services they offer,and published on the Website or provided by Telephone (including, but not limited to, the description of
the Facilities and Guest Services, availabilities, terms of cancellation, photographs, prices, etc.);

Any quality defect associated with the Facilities and Guest Services provided by the Hotels to the Guest;
any form of damage suffered by the Guest in connection with the Facilities and Guest Services provided.

The Hotels shall assume full liability in tort and contract to the Guest for the supply of the Facilities and Guest
Services. In the event of any failure by a Hotel in the supply of its Facilities and Guest Services, the Guest may
only bring an action in liability against the defaulting Hotel.

6. FORCE MAJEURE
Neither RCE nor the Guest may be held liable for any failure to fulfil any contractual obligation where such failure
is caused by the occurrence of a force majeure event. Force majeure events shall include, in addition to thoseordinarily recognised by the case law of French courts, problems caused by disruptions or interruptions in the
supply or operation of telecommunications means provided by networks’ operators, any inadequate transfer
caused by telecommunications networks and internet, intranet and extranet networks, natural events (lightning,
fire, flooding, earthquakes, etc.), acts of war, riots, attacks, epidemics or pandemics, and labour disputes affecting
service providers or suppliers of Relais & Châteaux and the Hotels.
The occurrence of a force majeure event shall relieve the debtor of the obligations affected by such an event but
only of such obligations, which shall be suspended by operation of law until the effects of the force majeure event
have ceased. All the other contractual obligations shall continue to be performed in accordance with the Booking
Terms.

7. NO RIGHT OF WITHDRAWALAs the RCE Service is performed from the time a Booking is made and therefore before the withdrawal period,
the Guest expressly agrees to waive their right of withdrawal in accordance with the provisions of Article L.22128 1° of the French Consumer Code.

8. DATA PROTECTION
The Guest will find all the information concerning the processing of their personal data in the RCE Privacy
Policy https://www.relaischateaux.com/us/p/legal#personnal.

9. MEDIATION
Failing an amicable settlement with RCE, the Guest may use the consumer mediation service used by RCE, i.e.

6the Tourism and Travel Mediation (Médiation Tourisme Voyage).
Mediation is an amicable dispute resolution process that is free of charge, confidential and short, and which the
Guest and/or RCE is free to accept and stop at any time. The consumer mediator is an independent person
tasked with suggesting a solution to the dispute between the professional and the consumer by giving an
opinion which the Guest and/or RCE is free to accept or refuse.
The User may freely contact the Tourism and Travel Mediation, whose contact details are available on its
website: www.mtv.travel.
Furthermore, pursuant to Article 14 of Regulation (EU) no. 524/2013, the European Commission has set up an
Online Dispute Resolution platform to facilitate independent extrajudicial resolution of online disputes
between consumers and professionals in the European Union. This platform is accessible at the following link:
https://webgate.ec.europa.eu/odr/

10. GOVERNING LAW AND JURISDICTION
Except where a public policy statute applies (which shall only apply within the strict limits of its purpose), it isexpressly stipulated that these Booking Terms are governed by the laws of France and that the courts in Parisshall have jurisdiction to hear any dispute arising between the Guest and RCE in connection with these Booking
Terms.

11. GENERAL PROVISIONS
Should any clause of these Booking Terms be held to be invalid or unenforceable, the validity and enforceabilityof the other provisions of these Booking Terms shall not be affected. In this case, the clause considered invalid
or unlawful shall be modified by the court to which its validity is referred and construed so as to give effect to it
in a manner as similar as possible to the invalid or unlawful provision, to the extent permitted by law.
Unless otherwise notified, no forbearance or delay by RCE in exercising its rights under these Booking Terms shallbe deemed a waiver of such rights.
The Guest and Relais & Châteaux recognise the validity and probative force of letters sent by post, emails, text
messages, electronic signatures and scanned documents exchanged between them within the framework hereof.
If the Terms are translated into any other languages and in the event of a discrepancy between the French version
and the translations, the French version shall prevail.

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