HOSTELLERIE BERARD & SPA GIFT VOUCHERS

HOSTELLERIE BERARD & SPA, a private limited share company, with a capital of €1,212,000, registered at the Toulon Company Register under the number 432 666 055 , having its head office at 7 rue Gabriel Péri 83740 LA CADIERE D’AZUR, intra-community VAT number FR 494 32 666 055.

HOSTELLERIE BERARD & SPA sells its own Gift Vouchers and packages as described below, according to the terms and conditions laid down in these General Terms of Sale.

Description of the HOSTELLERIE BERARD & SPA Products & Gift Vouchers

1.1 Products and Gift Vouchers sold by Hostellerie Bérard & Spa

The products and Gift Vouchers sold by Hostellerie Bérard & Spa give access to accommodation and / or meal offers and / or Spa services and / or various in-house products offered by Hostellerie Bérard & Spa. The above-mentioned accommodation and / or meal offers and / or Spa services and / or various in-house products are freely selected by the service provider, according to availabilities and to the value of the aforesaid Gift Vouchers.

1.2 Gift Voucher presentation

Gift Vouchers are presented in a gift pouch if the buyer chooses to receive the Gift Voucher by standard post. If the buyer wishes to print out the voucher himself, he is free to do so (gift pouch not supplied).

Ordering and order fulfilment

Products and Gift Vouchers can be ordered online via the Website. The customer may of course request a Gift Voucher by telephone, by contacting our booking service.

Without exception, all orders for products or Gift Vouchers imply the full and whole acceptance of these General Terms of Sale, which the customer expressly recognises and accepts.

Orders are fulfilled within a maximum of 7 days after payment acceptance and approval in the case of remote orders paid by credit card.

As such, and according to the procedure chosen by the customer at the time of the order and within the 7-day deadline, the ordered vouchers are:

- either made available to the customer at the Hostellerie Bérard & Spa, 7 rue Gabriel Péri 83740 LA CADIERE D’AZUR –FRANCE

- or printed online directly by the customer.

- or sent by standard post to the order beneficiary, whose address is expressly stipulated by the customer at the time of the order.

The corresponding bill is sent to the customer when the order is processed.

Prices and payment methods

Products and Gift Vouchers are billed to the customer at a price corresponding to the value of the product.

The HOSTELLERIE BERARD & SPA pricing policy may be modified at any time.

Products and Gift Vouchers are payable immediately in euros at the time of the purchase order, using any of the following payment methods:

- by customer credit card (Carte Bleue, Visa, EuroCard/MasterCard). Payment is made via a secure online payment system; in this case, the customer is required to provide his credit card number and expiry date. Any fraudulent use of the customer's credit card shall be subject to the contractual provisions drawn up between the customer and his issuing bank.

The HOSTELLERIE BERARD & SPA reserves the right to suspend the completion of any orders for which payment is not made in full. In this case, the customer shall be liable for any fees paid by HOSTELLERIE BERARD & SPA to recover the amounts due, including reasonable legal fees.

Gift Voucher terms of use

The Gift Vouchers may be used at the HOSTELLERIE BERARD & SPA only.

Gift Vouchers are not nominative and may be used by any holder. They are the entire responsibility of the holder, and no claims may be made in case of loss or stealing.

Gift Vouchers are valid for 1 year following their date of issue and must imperatively be used before their expiry date. After their expiry date, which may not be modified, they may not under any circumstances be used to benefit from services provided by the establishment.

Gift Vouchers are non-reimbursable and may not be exchanged in whole or part for cash.

If the value of the services used exceeds the value of the Gift Voucher, or if the services used are not included in the Gift Voucher, the beneficiary must imperatively pay the corresponding sums due to the establishment.

The HOSTELLERIE BERARD & SPA undertakes to provide all services included in the Voucher or, in case of unavailability, to provide equivalent services.

Bookings relating to accommodation and /or meal services

Accommodation and / or meal services offered in Gift Vouchers must imperatively be booked beforehand according to the following procedure.

Accommodation and / or meal services offered in Gift Vouchers must be booked beforehand via the HOSTELLERIE BERARD & SPA reception service, available on +33(0)4 94 90 11 43 (standard call rate).

At the time of the booking, the customer must indicate the reference of the Gift Voucher corresponding to the gift of which he is the beneficiary. In case of accommodation, the customer shall receive a definitive accommodation voucher once the necessary checks have been performed.

Subject to availabilities, the customer may modify his booking at the latest 72 hours prior to the initially scheduled date, via the HOSTELLERIE BERARD & SPA reception service.

No changes may be made after the aforementioned 72-hour deadline.

The customer may not request an exchange in case of a no show on the date and time scheduled at the time of the booking.

Meals offered in Gift Vouchers must be booked beforehand. The booking must be made at the latest 72 hours prior to the desired date; any changes must be made at the latest 24 hours prior to the booked date.

Bookings relating to Gift Vouchers may be made on week days or weekends, in the morning or evening, according to the opening days and hours of the establishment (for information, the establishment's 2013 annual closure will be from January 3^rd, 2013 to February 8^th, 2013), with the exception of December 24th and 31st, February 14th and traditional French holidays.

The customer must send a copy of the booking voucher corresponding to his Gift Voucher to the establishment by fax or e-mail, and must produce the original on his arrival at the establishment.

Claims

The customer (or beneficiary) must issue any claims relating to the non-delivery or non-compliance of ordered products or Gift Vouchers to HOSTELLERIE BERARD & SPA within 48 hours of delivery (date of receipt or date of on-site collection). Any claims issued after this deadline shall be rejected and the delivered products or Gift Vouchers shall be considered as compliant with the customer order.

Any difficulties encountered in the use of the products or voucher may be notified in writing to HOSTELLERIE BERARD & SPA at the following address: Direction générale – HOSTELLERIE BERARD & SPA 7 rue Gabriel Péri 83740 LA CADIERE D’AZUR –FRANCE

Intellectual property

Use of the HOSTELLERIE BERARD & SPA name and logo are prohibited without the prior consent of their owner.

The reproduction, representation, modification, transmission, publication or adaptation, on any media and by any means, or use in whole or part of the HOSTELLERIE BERARD & SPA website content, is strictly prohibited without the prior consent of the establishment.

Rights relating to the French data protection act
("Loi Informatique et Libertés")

Nominative data supplied by the customer is, unless expressly indicated by the customer, incorporated in the HOSTELLERIE BERARD & SPA customer file, declared to the CNIL (French Data Protection Authority).

Customers shall have the right to access and rectify information relating to them by writing to the following address: HOSTELLERIE BERARD & SPA, 7, rue Gabriel Péri 83740 LA CADIERE D’AZUR –FRANCE - or e-mail: berard@hotel-berard.com.

Disputes

Orders relating to products, Gift Vouchers and gift packages are governed by French law.

Any disputes that may arise in the framework of these General Terms of Sale shall be settled by the competent Court situated nearest the HOSTELLERIE BERARD & SPA.