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General sales conditions :



Agreement

Between

The Societé D’Investissements Hoteliers El Mouradi - SIHM – for its El Mouradi, El Mouradi Club Kantaoui, El Mouradi Djerba Menzel and El Mouradi Club Selima units

The Société Touristique El Mouradi –STM for its El Mouradi Mahdia, El Mouradi Douz, El Mouradi Hammamet, units

The Société Hotelière El Kantaoui – SHEK
The Société Touristique Mouradi Tozeur – STMM-
The Société d’Exploitation et de Promotion Touristique – SEPT-
The Société de Promotion Touristique de Mahdia- SPTM
The Société Touristique El Mouradi – STM
The Société d’Investissement Touristique du Sahel – SITS
The Société Touristique et Thermale Kroumirie – STTK
The Société Hotelière Mouradi Golf – SHMG
The Société Immobilière et Touristiqe de Tunisie – SITT
The Société Balnéaire de Hammamet Sud – BAHAMAS

Limited liability companies with HQ at BP 48 Port El Kantaoui Hamman Sousse 4089 Tunisia

And

Represented by the Director General Mr. Sami Mhiri

The Centres

- El Mouradi Centre de Remise en Forme Welness. (Welnes Form Centre ). Centre being managed by the Société Pro-Welness
- El Mouradi Mahdia Centre de Remise en Forme Welness, Centre being managed by the Société Pro-Welness
- Skanes Beach Centre Balnéo BIONESS being managed by Mme Jihène Hamza
- El Mouradi Tozeur Centre Balnéo SPA El Mouradi Tozeur being managed by the Société WELLNESS & SPA CONCEPT
- El Mouradi Hammamet Centre Thalasso Bioforme , centre being managed by the Société Bioforme Center
- El Mouradi Gammarth Centre Thalasso Bioforme being managed by the Société Bioforme Center
- Djerba Menzel Centre Thalasso Centre Djerba Royale Thalasso being managed by the Société Djerba Royal Thalasso
- El Mouradi Palace Centre Thalasso Centre de Thalasso Thérapie El Mouradi Palace run by the hotel
- El Mouradi Palm Marina Centre Thalasso Centre de Thalasso Thérapie El Mouradi Palm Marine run by the hotel
- El Mouradi Cap Mahdia Centre de Fitness Centre Massage being managed by Ms Nédra ben Khaled

Definition

El Mouradi Hotels: all the companies mentioned above

A “Bon de commande” – order form or “Voucher”: means the reservation has been confirmed

“Force Majeure”: means any event beyond the control of the parties which is unpredictable and could not be overcome

Contract: means this contract, its appendices and all other constitutive documents and written agreements which the parties could adopt whilst the contract is in force.

1. Introduction
The sales conditions as described below are an integral part of the contract concluded between you and the El Mouradi Hotels. Please read them attentively before making any reservation through our web site (www.elmouradi.com ).

2. Prior Information
Before concluding your reservation contract, on the internet site (www.elmouradi.com ) you will find all the information about the prices, dates and constitutive elements of your stay such as: where the hotel is situated, hotel category, level of comfort, main characteristics, classification according to the El Mouradi Hotels criteria and country practices, the amount, reductions, percentage, payment schedule, cancellation conditions etc.

The web site is updated every day and changes may be made before your reservation which are re-updated in our computer system as we go along. Once you have consulted all the information, the voucher is considered as the only contractual element of the reservation.

Once you have accepted the prices given in the Voucher as well as the information about the chosen hotel, then this means that a definitive contract has been concluded.

3. Validity of Offer

Our offers are subject to availability at the time of registration.

Our prices are expressed in Tunisian Dinars, Euros, American Dollars and Pound Sterling and per person for accommodation with breakfast on the basis of the exchange rates prevailing on the day of the offer or publication. The overall amounts must be checked at the time of registration and they do not include the following: any eventual governmental taxes which were not in force on the day of registration, additional insurance policies, personal expenses, drinks, telephone calls, extras, fax, down-payments for hiring various equipment, excess luggage, down-payments, costs or penalties for breaking local laws, excursions and in general any other services which are not expressly included in the “voucher”.

4. Registration, conclusion of contract and conditions of payment:
Reservations are made through the internet and paid for directly through the bank card. Transaction security is ensured by the “SPS Monétique services “ (Credit Card Payments Securitization Server ). A reservation confirmation is sent to you directly to the address you have given during your registration. This confirmation includes the reservation amount, the reservation details and the payment mode, transfer number, number of rooms reserved, number of persons, email address and the desired arrangement.

Any person making a fraudulent reservation will be held responsible and will be taken to court under the relevant jurisdiction.

Any particular request made at the reservation office does not incur the responsibility of the El Mouradi Hotels for fulfilling the request unless the El Mouradi Hotels had expressly confirmed this in writing.

5. Services and Prices
All the hotels classified in the same category (3*, 4*, 5* ) are not necessarily similar and special and promotional offers do not apply to them all.

Each hotel in the El Mouradi chain of hotels has its own specificities and characteristics as described in the offer information.

To be paid on the spot:

Any particular services you requested as well as some additional costs (such as cleaning, linen, beach towels, chaise longue (reclining chair) drinks, safes, treatment course, baby-sitting…..). These services vary depending on the hotel’s category (3*, 4*, 5* ) and the services offered.

6. Change in prices and Services

The descriptions of the hotels and the way the prices are calculated is done very carefully. Your payment implies your acceptance of the contract terms and any changes pointed out on the web site. However, the same case may arise after the conclusion of the contract even though this is unlikely but cannot be excluded. If the change is an important one affecting an essential point in your contract ( for example, non availability of your accommodation because of urgent works ), then you are entitled to cancel your contract without incurring any costs within 3 days following the date when you received the information. Any sums you have already paid will be reimbursed upon agreement with the services concerned.

7. Shortened or prolonged Stay

If you wish to extend your stay please submit your request in good time to the hotel reservation office concerned or our commercial service to check whether this is possible depending on availability at the hotel concerned. The client will not be reimbursed if he shortens his stay for reasons of his own.

8. No Show (cancellation without prior notice )
In case of NO SHOW or cancellation without prior notice, the hotel reserves the right to bill the client 100 % of the reserved accommodation services amount covering the whole period of his stay.

9. Contract cancellation by the client:
The cancellation must be confirmed in writing in all cases (mail, fax or email) and it is the date of writing that will be taken into account. If the cancellation takes place on a public holiday, the time period will be counted from the first working day after the public holiday. Any justified cancellations submitted for cancellation by the client will become reimbursable only after a change of dates had been proposed.

You have 14 days in which to cancel your reservation starting from the reservation date indicated on your Voucher and this period starts from the date you made your reservation on our site.


All cancellations must be previously notified to the reservation service of the hotel concerned or the commercial service at the following address: reservation@elmouradi.com.

The same applies to a change in names and any change in names will be considered as a cancellation.

10. Client’s obligations
The reservation officer is authorized to refuse any surplus person not included in the reservation, be it an adult or child and irrespective of the age.

Domestic or other animals are strictly prohibited in the hotel.

Multiple Reservations

The client is not allowed to conclude several contracts for the same period with several hotels.

If the client infringes this rule then the hotel is entitled to cancel the contract unilaterally and the client will not be entitled to make any claims for compensation.

Rules of Good Conduct

Only food and drinks supplied by the hotel can be consumed at the hotel.

The hotel can stop providing all its services without prior notice or any compensation if the clients impede the smooth running of the hotel or if they endanger the reputation or security of the hotel.

11. Complaints and demands for Compensation
Complaints of a commercial nature or pertaining to the quality of the services provided must be addressed in writing on the spot at the hotel during the stay to the Service Quality of the hotel chain or written down in the Complaints Book available at the hotel reception.

Please note that any complaint made by fax, phone, simple mail or email or through any other means beyond the time limit, or not addressed to the service provider (s) concerned, will not be taken up. In case of a dispute the Sousse courts will be the only competent authorities.

El Mouradi Hotels do not accept any liability for any loss, damage or theft of luggage, clothes or personal objects under your own responsibility during the whole duration of your stay.

Safes are available for clients for safe-keeping your property.

Before you make a firm order, it is up to you to obtain information about any eventual local events such as carnivals, religious feasts, national feasts, public holidays and other events which could affect the good enjoyment of your stay. No complaints about this type of events can be later addressed to the El Mouradi Hotels.

12. Accommodation and your Stay:
Classification of hotel:

The number of stars attributed to the hotel as described in the hotel specification corresponds to a classification established with reference to local standards which can thus differ from French and European standards.

Activities and Services

Even though the activities indicated in the specifications are extant, some of the activities indicated in the specification may have to be deleted for climatic reasons, works going on in the hotel or in a case of force majeure, out-of-season stays, or when the minimum number of participants for a particular activity has not been obtained ( such as a collective sport, children’s club etc ). El Mouradi Hotels are not liable in such a case.

Some of the activities proposed may have some elements of risk especially for young children. El Mouradi Hotels are not liable in case of an incident or accident imputable to your lack of vigilance.

Taking your rooms and vacating them

Please note that the International Hotel and Catering rules state that clients can occupy their rooms from 12H onwards no matter when their plane lands and the rooms must be vacated at 12H no matter when their return flights happen to be.

Unfortunately no exception can be made to this rule except with the agreement of the hotel. Any room taken before 12 H or vacated after 12H will be considered as a bed-night and thus subject to additional payment.

Types of room:

Single rooms have a bed for 2 persons. Double rooms have two beds or very rarely, a double bed. Triple and quadruple rooms are often double rooms with additional beds.

Babies

We recommend that parents with babies bring with them food which is suitable for their child as they may not find the right baby food at the hotel. You may be asked to pay extra at the hotel, for example for warming up the food or baby bottles or setting up a cot.

Insurance

13. Force Majeure
By force majeure is meant an event beyond the control of the parties which is unpredictable and cannot be overcome and which prevents the client or El Mouradi Hotels from fulfilling part or all of the obligations stated in the contract.

It is expressly agreed upon that the same will apply to transport strikes, hotel staff strikes, air traffic control staff strikes, uprising, civil or foreign wars, acts of terrorism, hostage taking, manipulations of weapons or any sort of Prohibition proclaimed by the governmental or public authorities. It is expressly agreed upon that a case of force majeure means that the parties cannot carry out their reciprocal obligations.

Furthermore, each party will cover its own ensuing costs stemming from a case of force majeure. Consequently the clients will cover any additional costs so that they can continue with their journey due to the case of force majeure and the El Mouradi Hotels chain will have no liability whatsoever in such a case.

14. El Mouradi Hotels web site - Liability and Guarantee
The www.elmouradi.com web site must not be used for speculative, false or fraudulent reservations.

It is expressly forbidden to transmit data which is threatening, defamatory, pornographic, political or racists and in general, any illegal data.

El Mouradi Hotels reserve the right in such a situation to press charges against the pernicious internaut without prejudice to any claims for damages.

No Liability

El Mouradi Hotels decline any liability in case of a dispute pertaining to a reservation made on any site which is not the official hotel chain site, www.elmouradi.com.

Information available on the Site:

El Mouradi Hotels are in no way responsible for your capacity to access the site or to use it at any time whatsoever, or for any interruption in gaining access or using the site or for any breakdown which prevented carrying out any operation whatsoever.

El Mouradi Hotels cannot guarantee that the web site is free from a computer virus or from any other anomalies which could cause damages or a loss.

You anonce that you know the characteristics and limits of Internet, in particular its technical performance, the response time for consultation, for questioning or transferring data and the security risks linked to communications.

Consequently El Mouradi Hotels will not be liable under any circumstances whatsoever for any indirect and/or intangible , foreseeable and unforeseeable losses ( including loss of profit or opportunity ) stemming from the supply and/or use or the complete or partial impossibility of using the services provided on the web site.

You can subscribe to the El Mouradi Hotels information letter which will be sent to your email address with news, information and offers concerning our chain.

El Mouradi Hotels reserve the right to refuse access to the Site at any time without prior notice.

El Mouradi Hotels do not guarantee that the information on the Products, Services and softwares provided on the Site will be free of anomalies or errors and bugs, or that they could be corrected or that the Site will function without interruption or breakdowns.

El Mouradi Hotels are in no way responsible for any malfunction imputable to the software of third parties whether they are incorporated or not in the Site or provided with the Site.


Employment

When filling out the employment application form, the candidate accepts and authorizes El Mouradi Hotels to electronically process the personal data provided for our human resources selection data base.

15. Domain of Application

The general sales conditions apply exclusively to the present and future commercial relations between the El Mouradi Hotels company and the person making the order. Once an order has been made for a product or service indicated at the www.elmouradi.com web site then this is based on the understanding that there has been a prior consultation of the present general conditions.

16. All the conditions

The present general conditions cover all the obligations of the parties so that the client is deemed to have wholly accepted all the provisions in these general conditions.

No general or specific condition in the documents either sent or handed in by the client can be integrated into the present general conditions of sale.

We can modify the present general conditions of sale at any time provided that these modifications are shown on our web site.

17. General Conditions

The user acknowledges having taken note of the general conditions of the contract and accepts them without any exceptions or reservation whatsoever.

18. Proof of transaction and electronic signature

The consumer’s “double click” for the order is an electronic signature which is just as valid as a written signature between the parties. The computerized information held in the computer systems of the El Mouradi Hotels company are deemed to be proof of the communications, orders and payments made between the two parties.

The archiving of reservation forms and invoices is done on a reliable and long-lasting medium and can be produced as proof.

19. Computerization and Freedom

The information that you provide is necessary to process your reservation. The information could be communicated to the partners of the El Mouradi Hotels who intervene in the implementation process of your reservation.

20. Intellectual Property

El Mouradi Hotels or the group companies are owners of all the intellectual property rights pertaining to the Site which they own and they have the right of user.

Access to the Site does not give you any rights to the intellectual property rights of the Site which remain the exclusive property of El Mouradi Hotels.

The elements accessible on the site such as texts, photographs, images, icons, sound, videos, softwares and databases are also protected by the intellectual and industrial property rights and other private rights of the El Mouradi Hotels or the companies in their groups.

Unless there is explicit authorisation to the contrary in the present document, you cannot, under any circumstances whatsoever, reproduce, represent, modify, transmit, publish, or adapt on any medium whatsoever, through any medium whatsoever, or exploit in any manner whatsoever, all or part of the Site, without the prior written authorisation of the El Mouradi Hotels.

El Mouradi Hotels expressly retain all rights not expressly given in the agreement to the User who cannot claim either to use them or to benefit from them.

Any use made in any manner whatsoever, without the prior authorisation of El Mouradi Hotels, of all or part of the Site will entail bringing an appropriate action against the person, namely bringing an infringement suit.

Only a non substantial part of the Site can be used for strictly private and non commercial use.

The insertion of hypertext links for any part of the Site is forbidden without the prior and written authorisation of El Mouradi Hotels.

21. Final Provisions

If El Mouradi Hotels does not have recourse to any one of the present General Conditions at any one given moment, this cannot be interpreted that El Mouradi Hotels had given up its right to have recourse to any one of the said provisions at a later date.

If one of the provisions of the General Conditions is anonced null and void, then this provision will be deemed as non existing without affecting the validity of the other provisions unless the provision which had been anonced null and void was essential and determinant and in such a case the parties will negotiate to replace it with a provision with an equivalent economic effect.

Applicable Law


All the clauses in the present General Conditions of sale and all the operations indicated in them are subject to the exclusive competence of the Tunisian Courts.
A copy of the credit card must be presented to the hotel reception to avoid fraudulent transactions.

ARTICLE ON RECOURSE TO LAW

Any dispute which could not be settled amicably pertaining to the validity, interpretation and implementation of the present contract will be subject to the authority of the Courts in Sousse, Tunisia.