General terms and conditions Spa

1 – GENERAL PROVISIONS

BRACH PARIS (hereinafter the “Company”) is a société simplified joint-stock company with capital of 15,118,097.20 euros, with registered offices at 1-7, rue Richepin – 75116 Paris, France, registered with the register of trade and companies of PARIS under No. 803 406 685 and with intracommunity VAT No. FR – Tel.: FR54803406685 – website: www.nolinskiparis.com (the “Website”) – email: contact@brachparis.com or spa@brachparis.com.

It operates the BRACH Hotel (hereinafter the “Hotel”), located at the same address and comprising, in addition to rooms designed for overnight stays, a restaurant, a cocktail bar, a sports club and the Spa by Clarins, which may also serve clients who are not staying at the Hotel.

The Company belongs to the EVOK COLLECTION group, which is committed to a corporate social responsibility (CSR) policy via its Charte Ethique – Ambitions pour un meilleur avenir du groupe [ethical charter: working towards a better future for the group], its adherence to the principles of the United Nations Global Compact, and by joining various French and international think tanks and professional bodies committed to human rights, international labour standards, environmental protection, and anti-corruption initiatives.

Scope of application. These general terms and conditions (T&Cs) apply to all reservations and services between the Company and one or more persons reserving an access to or a service at the Spa Brach by Clarins of the Hotel (hereinafter referred to as “the Spa”) or effectively benefiting from said service at the Spa (hereinafter referred to, in this order, as “the Client” or “the Beneficiary”). The person effectively benefiting from the service, whether they are a Client or a Beneficiary, is hereinafter referred to as the “Guest”. The T&Cs are binding on Clients and Guests.

Certain provisions of the T&Cs, indicated with the letter (C), may only concern Guests and Clients acting as consumers within the meaning of the French consumer code, i.e., only natural persons acting for purposes that do not fall within their trade, industrial, craft, independent or agricultural business activity. When the law requires that these provisions extend to non-professionals within the meaning of the French consumer code, i.e., legal entities not acting for professional purposes, this is specified.

The Company reserves the right to amend its T&Cs at any time. Such changes will not, however, have any retroactive effect on reservations or services booked or honoured or being honoured, except in the case of binding statutory adaptations applicable immediately. In the event of a conflict, special terms and conditions entered into between the Company and the Client take precedence over the T&Cs.

As some of the Spa Facilities are located in the Sports Club, the Client and the Guest are also invited to refer, to the extent applicable, to the general terms and conditions of Brach – Le Club de Sport.

Client declarations. The Client confirms they are over the age of 18 and have the legal capacity to enter into a contract with the Company and make the reservation in their name and for themselves as well as in the name or on behalf of or for the benefit of the Beneficiaries. The Client declares they use the Website, where applicable, in accordance with these T&Cs. The Client guarantees that the information and data provided during or for the purpose of the reservation, concerning both the Client and the Beneficiaries, is truthful and accurate. The Client undertakes to inform the Beneficiaries of the terms and conditions applicable to their reservation and their session at the Spa, including the T&Cs and the personal data charter].

2 – OFFER AND CONDITIONS OF ACCESS

Facilities. The Spa is located on the Hotel premises. It includes a swimming pool, a sauna, a steam room and salt cave located in the Sports Club (Facilities) and treatment rooms (single and double) dedicated to beauty and wellness treatments. The Facilities are freely accessible to Clients and Guests staying at the Hotel during opening hours, subject to occupancy and capacity. Clients and Guests who are not staying at the Hotel can access the Facilities at the rate of 150 euros for the day during opening hours; however, access to the Facilities for one hour is offered with any one-hour treatment, excluding barber and manicure services. The internal regulations are displayed at the entrance to the Facilities; the Client and the Guest are required to comply with them.

Treatments. Treatments include massages, facials, body treatments, manicures (hands beauty) and pedicures (feet beauty). These are well-being or beauty treatments, not therapeutic treatments. No medical advice or diagnosis can be provided during treatments. Treatments are provided in the dedicated Spa treatment rooms during Spa opening hours. For Guests staying at the Hotel, massages, manicures and pedicures may be provided in the Room; a surcharge of €50 will then be applied.

Other services available to Hotel Guests. Hairdressing, make-up and waxing are also available, exclusively in treatment rooms.

Other conditions of access. Treatments and access rights to the Facilities are strictly individual. Guests are not permitted to bring other people onto the site except under the aforementioned conditions of access. Minors under the age of twelve accessing the Facilities must be accompanied by a parent or responsible adult. The minimum age is sixteen for facial treatments and eighteen for body treatments.

Pets are not allowed in the Spa areas.

Opening hours. Unless otherwise indicated, the Spa is open for treatments every day of the week from 9am to 9pm.

Shop. To extend the Spa experience, the products used during the treatments and swimming costumes are available for sale at the Spa. See the EVOK – Boutique General Terms and Conditions of Sale.

• Client information. Clients may consult the brochure of the various treatments offered and the conditions of access to the Spa and treatments on site at the Spa or at the Hotel, on the Website or by sending their request to spa@brachparis.com. The photographs published on the Website or in the brochure are for informational and illustrative purposes only and are not legally binding. In particular, the furnishing and decoration of the facilities and treatment rooms may be different.

Arrival. The treatment durations indicated correspond to the actual treatment time. To get the most out of your visit, we recommend that you arrive 15 minutes before your appointment time. If you arrive late, the Company will endeavour to offer the same service if the schedule allows it; otherwise, the duration of the treatment will have to be shortened without any possible reduction in the price.

3 – RATES

The current Rates for the various Spa services are displayed at the entrance to the Spa and on the Website, and indicated in the brochure available for consultation on the Website or on request at the Hotel reception or by email to spa@brachparis.com. Rates are subject to change at any time and without warning until a reservation is confirmed.

• 4 – RESERVATION
• The Company endeavours to communicate information pertaining to treatment availability as best possible and as early as possible, but this is subject to change at any time. Availability is only confirmed and guaranteed upon receipt of a reservation confirmation email from the Company as described below.
• The Facilities are accessible without reservation under the conditions specified in 2 – OFFER AND CONDITIONS OF ACCESS. Clients who are not staying at the Hotel can however reserve, in advance, one or more days on which they wish to have access to the Facilities. In all cases, the entrance fee is paid in advance.
• Treatments and other services can be reserved by sending an email to spa@brachparis.com or directly at the Hotel or Spa reception. It is recommended to reserve at least one day in advance. For Clients who are not staying at the Hotel, a bank guarantee is requested by means of the details of a bank or credit card (name of the holder, number, expiry date and verification code) in the name of the Client or Guest. The Client also has the option of prepaying for the treatment in order to guarantee their reservation. The T&Cs and the personal data charter are available on the Website, as a hard copy at the Hotel reception, or on the brochure available in each Room. They are communicated to the Client by email at the time of reservation or if expressly requested from spa@brachparis.com. The reservation requires unqualified acceptance of the T&Cs and the personal data charter. Reservations are only taken into account by the Company once the treatment has been fully prepaid, or once the Client’s bank details and imprint have been received and validated, where a guarantee is required. If the Client or the Guest has a Gift Voucher they wish to use for the reservation, they must disclose it at the time the reservation is made in accordance with the instructions and terms of use indicated on the Voucher.
• In all cases, the Company sends the Client an email containing the firm and final confirmation of the reservation.

5 – PAYMENT TERMS

The Client or the Guest must pay for the treatment in full, including services and goods not included in the reservation and booked by the Client or the Guest during the session, less any pre-payments already made, if applicable, or the amount of an EVOK COLLECTION Gift Voucher disclosed and validated with the Company at the time of reservation. No Gift Voucher may be taken into account by the Spa unless it has first been disclosed to and validated by the Company with a view to reservation, in accordance with the terms of use indicated on the Voucher.

Means of payment. The Company accepts payment:

– in cash (in euros only), only if paid at the Hotel, and for amounts under 1,000 euros for Clients and Guests who can prove their tax residence is in France or when the reservation is for business purposes, or 10,000 euros for Clients and Guests who can prove their tax residence is abroad and whose stay is not for business purposes;

– by bank card, at the Spa or at the Hotel, on the reservation platform accessible via the Website, or by secure payment link (VAD). The Company accepts the following bank cards: Visa, Mastercard, American Express, Diners Club and JCB;

– by bank transfer to the Company bank details, which will be shared further to an express request from the Client or the Guest sent to spa@brachparis.com (all bank transfer fees are to be paid in full by the Client or the Guest making the payment);

– by a valid EVOK COLLECTION Gift Voucher disclosed to the Company by the Client or the Guest at the time of reservation as described above.

The Company does not accept payments by cheque or chèques-vacances [travel vouchers].

Pre-payments can be made using one of the above payment methods. Payment of the balance at the end of the session cannot be made by bank transfer.

Effective payment. Payment will be considered received and effective, in the event of payment in cash, once the cash has been handed over; in the event of payment by bank card, once the payment provider has validated the payment order; in the event of payment by bank transfer, once the funds have been credited to the Company account; in the event of payment by Gift Voucher, as soon as its reference has been validated and activated by the Company; all of the foregoing being without prejudice to the applicable provisions in the event of a payment incident.

Payment incident. In the event of a payment incident resulting in the annulment, for any reason whatsoever, of all or part of the payment made to the Company, the Client and the Guest are liable to the Company for any fees and charges incurred as a result of the payment incident. In the event of annulment of a payment made in advance, if it is required for the reservation, the Company will have the discretionary right to cancel the reservation, without prejudice, where applicable, to any costs incurred in this respect, or, if possible, to offer to renew it to the Client or the Guest who so requests by making a new payment.

(C) Amounts paid in advance by Clients and Guests with the capacity of consumers under the meaning of the French consumer code start to bear interest at the legal rate three months after the payment until the performance of the service, without prejudice to the Company’s obligation to perform the service. Interest is deducted from the balance to be paid at the time the service is performed.

6 – COOLING-OFF PERIOD – CHANGES – CANCELLATION – TERMINATION

Absence of a cooling-off period. There is no cooling-off period for treatment services referred to in these T&Cs, which must be provided on a specific date or during a specific period.

Changes and cancellation (termination) by the Client. Reservations can be changed or cancelled (terminated) by the Client or the Guest, free of charge, more than 24 hours before the appointment. Any change or cancellation made within 24 hours of the appointment will be subject to the following fees: 50% of the cost of the treatment for any change or cancellation between 12 hours and 24 hours before the treatment, and 100% of the cost for any change or cancellation less than 12 hours before the treatment or for a no-show. The fees may be added to the Client’s or the Guest’s bill if they are staying at the Hotel, or may be debited from the bank imprint given as a guarantee for the reservation, where applicable.

(C) In addition, Clients with the capacity of consumers or non-professionals within the meaning of the French consumer code are reminded of the following provisions of this code:

Article L. 215-1-1:

When a contract has been entered into electronically (or has been entered into by another means and the professional, on the day of termination by the consumer, offers the consumer the option of entering into contracts electronically), termination must be made possible under this same arrangement.

As such, the professional must provide the consumer with a free, electronic means of announcing their wish to terminate the contract and perform the steps required to do so. When the consumer announces termination of the contract, the professional must confirm receipt of the announcement and inform the consumer, on a durable medium and within a reasonable time frame, of the date on which the contract comes to an end and the effects of the termination.

A decree establishes the technical arrangements to identify the consumer and ensure easy, direct and constant access to the means mentioned in the second paragraph, as well as arrangements for its presentation and use. It sets out the information that must be provided by the consumer.

Article L. 215-3:

The provisions of this chapter also apply to contracts entered into between professionals and non-professionals.

Other cases of cancellation or termination. The reservation is terminated as of right in the case of force majeure, by unforeseen and unavoidable circumstances brought about by a third party, or by the Client or the Guest making it impossible to perform the service. The Company cannot be held liable on account of the termination or for shortcomings in the performance brought about by these circumstances.

The Company is within its rights to cancel the Guest’s reservation or stay, or bring it to an end, in the event of the latter’s disregard for the terms and conditions of use of the services offered by the Company or any behaviour likely to cause any harm whatsoever or disrupt other clients’ stays at the Spa or in other areas of the Hotel. In this case, the Company will invoice or, if a pre-payment was made, retain the full cost of the reserved services.

If the Company cancels or terminates the reservation without good reason, the Company will reimburse the Client in full for the amounts previously paid by the latter; no other amount will be added in respect of this termination for any reason whatsoever, without prejudice to the provisions of paragraphs (C) above of this Article 5. Articles L. 214-1 of the French consumer code and 1590 of the French civil code are expressly set aside.

7 – GUEST BEHAVIOUR AND LIABILITY

Health. The Client and the Guest are invited to provide the Company and the Spa staff, at the time of reservation and again upon arrival, with any useful information concerning the Guest’s health, allergies or injuries. The Guest will be asked to complete a health questionnaire prior to any treatment. This procedure is necessary and strictly intended to enable the Company to provide suitable treatment for the Guest. The personal health data provided on this occasion is only requested and processed to the extent necessary and for the purposes of providing the service, and is not kept after the service has been provided. For strict health or safety reasons, if the Guest or the Client fails to provide certain answers to the questionnaire, the Company may refuse the reservation or the treatment. For further information, please consult the Company’s personal data charter. The Client and the Guest are also invited to check in advance with a doctor that the use of the steam room, the sauna or the salt cave does not pose any risk to the Guest’s health; the heat is not recommended for people suffering from high blood pressure, blood circulation problems, asthma or breathing difficulties.

Belongings. The Guest is required to keep their belongings safe and not leave them unattended anywhere in the Spa or other areas of the Hotel. Guests are also invited to avoid, whenever possible, bringing belongings and possessions to the Spa that are clearly superfluous, useless or inappropriate for a session at the Spa. Where appropriate, valuable objects may be placed in the lockers (to which the Guest keeps the key under their supervision) located in the Spa changing rooms or in the room safe of the Room for Guests also staying at the Hotel. No liability shall be incurred by the Company in the event of the theft, loss or other disappearance of or damage to these belongings.

Discretion and respect. The peace and quiet of the premises must be respected; mobile phones must be set to silent mode. Guests are liable for all damage, deterioration and acts of vandalism that occur to both movable and immovable property in the Spa, the Hotel or its outbuildings, regardless of whether they belong to the Hotel, during their visit. If appropriate, the Company may ask the Guest to leave the Spa or the Hotel. The Client and the Guest are jointly and severally liable for the amount of the service as well as damages for the harm suffered. Guests are reminded that treatments and access to the Facilities are strictly individual; Guests are not permitted to bring other people into the Spa except under the conditions set out in 2 – OFFER AND CONDITIONS OF ACCESS.

8 – INTELLECTUAL PROPERTY RIGHTS

The Client is expressly informed that the Hotel and its various spaces, in particular the Spa Brach by Clarins, in their capacity as architectural and decorative works, as well as the objects furnishing them and the Company’s promotional or advertising materials (hereinafter the Works, including the Website, catalogue, photographs, logos, furniture, accessories, decorative objects, works of art and the graphic elements used on these materials) are covered by intellectual property rights including authors’ royalties, design rights, marks and patents, held by the Company as well as third parties, particularly managers and creators of the products, whose treatments are provided at the Spa, and of the signature brand La Colline. Clients are therefore strictly forbidden from reproducing the Works and displaying them to the general public.

Any disregard for the intellectual property rights mentioned above constitutes copyright infringement and is punishable by criminal sanctions and an order to pay damages.

9 – HANDLING COMPLAINTS

The Client or the Guest must send any and all complaints by post to BRACH PARIS – Service Client – 1-7, rue Richepin – 75116 Paris, France or by email to spa@brachparis.com within 8 days of the end of the service, detailing the dates of the session, their reservation or invoice number, their details, and the email addresses, postal addresses and telephone numbers the Company can use to reply to the Guest or Client. The Company can use the means and address of its choice to reply to Clients or Guests if the complaint gives several options. Complaints made more than 15 days after the stay will not be considered. The Company cannot favourably respond to any complaints that do not cite a right conferred upon the Guest or the Client under the contract or the statutory or regulatory provisions. Complaints citing such a right will be assessed by the Company as stated below. The Client and the Guest undertake to cooperate and respond promptly and in good faith to the Company’s requests so the complaint can be handled fairly and efficiently. After having obtained all the information needed to handle the complaint, the Company undertakes to inform the Client or the Guest as soon as possible, and at the latest within 15 days of receipt of all the necessary information, of the outcome of their complaint.

10 – SETTLING DISPUTES (C)

In the event of a disagreement, the Client or the Guest can access a conventional mediation procedure or any alternative way of settling differences of opinion.

Mediation. After having contacted the Company’s Customer Services department as indicated in article 8 – Handling complaints and in the absence of an agreement or a satisfactory response from the department within 60 days, the Client or the Guest can, in order to resolve the dispute out of court, contact the Company’s appointed consumer ombudsman free of charge, as follows: AME Conso – 11 Place Dauphine 75001 Paris, France – Telephone: +33 (0)9.53.01.02.60 – Website:  www.mediationconso-ame.com. Non-professional Clients and Guests, within the meaning of the French consumer code, can also contact the consumer ombudsman in the same way.

Settling disputes online. The Client and the Guest are informed of the existence of the Online Dispute Resolution (ODR) platform run by the European Commission. It can be accessed via this link:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

The Company’s email address for these purposes is spa@brachparis.com.

11 – PERSONAL DATA

• Personal data disclosed on the occasion of Spa reservations and services are processed by the Company as described in these T&Cs and in the Company’s personal data charter. These documents also include the rights of the Client and any Guests who have shared personal data.
• Before making any reservation, the Client and the Guest are invited to read the personal data charter, which can be accessed on the Website or by making a request directly to the Spa or the Hotel either in person or by email sent to spa@brachparis.com.
• The reservation implies the acceptance, by the Client, of the personal data charter, as well as the T&Cs in force at the time of the reservation. These are attached to the confirmation email mentioned in article 4 – RESERVATION. The Company may, however, update or revise its personal data charter at any time. The Client and the Guest are invited to consult, as regards the terms and conditions of reservations that have already been made and confirmed, the personal data charter and T&Cs attached to their reservation confirmation email, subject to immediately applicable legal changes.
• The Client and the Guest are reminded that they can sign up to the telemarketing call blocker via the website bloctel.gouv.fr. For more information, the Client and the Guest are invited to consult the personal data charter.

12 – STORAGE OF THE CONTRACT ENTERED INTO BY EMAIL (C)

When a reservation contract is entered into electronically (by exchange of emails), the Company stores and archives it for ten years after performance of the services. The Client can ask to consult it at any time by sending a request to BRACH PARIS – Service Client – 1-7, rue Richepin – 75116 Paris, France or by email to spa@brachparis.com, specifying their name and contact details.

13 – APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION

Applicable law. French law is alone applicable to the relationship between the Company and the Client or the Guest as regards the offer, the formation, the performance or discharge of the services and orders, and more generally of these general terms and conditions and the contract.

Court of competent jurisdiction. French courts alone have jurisdiction over disputes between the Company and the Client or the Guest arising from or relating to the offer, formation, performance or discharge of the contract, and more generally in the subject matter or interpretation of the contract, the quote or these general terms and conditions.

(C) However, if the Client or the Guest party to the dispute has the capacity of consumer under the meaning of the French consumer code, the following have jurisdiction:

• If the Client or the Guest party to the dispute was domiciled in France when the contract was entered into, French courts exclusively;
• If the Client or the Guest party to the dispute was not domiciled in France when the contract was entered into:

• • If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in the European Union, courts in the Member State in which the Client is domiciled; the Client or the Guest party to the dispute may also still bring a case before the French courts;
  • If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in Switzerland, Norway, Iceland or the United Kingdom, and they were already domiciled in the same State when the contract was entered into, the courts of the State in which the Client is domiciled; the Client or the Guest party to the dispute may also still bring a case before the French courts;
  • If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in territories other than those mentioned in the previous paragraphs, or if they are domiciled in Switzerland, Norway, Iceland or the United Kingdom but were not when the contract was entered into, French courts only.

When French courts are competent, the competent national court is determined pursuant to the French code of civil procedure. (C) The Client or the Guest party to the dispute can also bring a case before the court of the place where they were living when the harmful event occurred, if this place was in France.

Contract language. In the event of a dispute, only the French version of these general terms and conditions of sale will be binding; it will prevail between the parties over any other version or translation.