Terms and conditions of sale
A simplified joint stock company with a registered capital of € 3,500,000.00
RCS EVRY 433 825 650
Registered offices: 2 Rue de la Mare Neuve - 91000 EVRY - FRANCE
Tel. +33 (0)1 45 38 86 00
Intracommunity VAT: FR 26 433 825 650
Pro-Fid intends to offer certain members of the Le Club AccorHotels loyalty programme the option of ordering, in exchange for Le Club AccorHotels Rewards points, sets of two (2) loge seats to attend events taking place at AccorHotels Arena (Paris – www.accorhotelsarena.com) and selected by Le Club AccorHotels (hereinafter named “Set”).
Orders for a Set are exclusively restricted to members of the Le Club AccorHotels loyalty programme who have received an email from Le Club AccorHotels, stating the number of Rewards points available to them and inviting them to log in to the dedicated website to order a Set.
For each event, the dedicated website states the following information:
- a description and features of the event (artist, competition or show, dates and times, etc.);
- the value in number of Le Club AccorHotels Rewards points required to order a Set.
The website also describes the features of the loge seats from which the Members who have ordered a Set will attend the event.
The number of Sets available for ordering is limited to 8 Sets per event. Orders are processed on a first-come-first-served basis and are limited to the number of available Sets. If an order cannot be processed (insufficient number of Rewards points for instance), the relevant Set may be put up for sale again.
The member of the Le Club AccorHotels Loyalty programme hereby declares to have full legal capacity to commit to these general terms and conditions of sale.
- “Le Club AccorHotels”: means the loyalty programme of ACCOR SA, operated by its subsidiary PRO-FID SAS, as identified above;
- “member”: means a natural person acting on his/her private initiative who has subscribed to the Le Club AccorHotels loyalty programme and who has received an email from Le Club AccorHotels, stating the number of Rewards points available to him/her and inviting him/her to log in to the dedicated website to order a Set.
- “Set”: is given the meaning stated above in the recitals;
- “Website”: means the website accessible at the URL below: http://www.leclubaccorhotels-arena-eliteexperiences.com from which a Member can order a Set.
These general terms and conditions of sale define the rights and obligations of the contracting parties (Pro-Fid and a Member) in the context of the distance sale of the Sets offered by Le Club AccorHotels on the Website.
They govern all the steps required to place an order and track and order for both the contracting parties.
The Website intervenes as a simple intermediary between the Member and the relevant event organiser. Consequently, these terms and conditions of sale only apply to orders for Sets and never to the event itself.
The Member hereby acknowledges to have read and accepted these general terms and conditions of sale prior to placing an order.
These general terms and conditions of sale apply to all orders for Sets placed distantly by a Member, duly identified and having personally received an email inviting the latter to log in to the Website.
No Sets may be ordered through any channel other that the Website.
5. VALIDITY AND DURATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale may be changed at any time. In this case, they will be immediately posted online in the new version. The general terms and conditions of sale effective at the time of placing an order will apply to the member.
6.1 General principles
An order for a Set placed by a Member will be validated only if the aggregate value in Rewards points required for this order is greater than his/her Le Club AccorHotels aggregate of unused point credit on the day of the order.
It is expressly agreed between the parties that said point credit will alone be taken into account to determine whether a Member is qualified to place an order for a Set.
The value in Rewards points required to place an order for a Set is stated on the Website for each event, at the time of ordering.
The Member is solely responsible for having chosen to order a Set and its relevance to his/her needs, in such a way that Le Club AccorHotels may not be held liable in this respect.
The Member undertakes, prior to any order, to complete all the information requested on the Website on placing the order. The Member hereby attests to the sincerity and accuracy of the information forwarded therein.
Each Member is only entitled to order a single Set at any one time and within the limit of the number of Sets available (8 Sets by event).
Should a Set ordered by a Member prove to be unavailable, Le Club AccorHotels shall inform the Member of the situation. The Member will be re-credited with the Rewards points used for his/her order to the exclusion of any other indemnity or compensation.
The Sets are not exchangeable or refundable except if the event is cancelled due to the organiser, in which case Le Club AccorHotels will refund the Member with the Rewards points used for the relevant order. The Rewards points may under no circumstances be resold. No financial compensation will be forthcoming if not used by the member. Le Club AccorHotels declines all liability in the event of illicit use of a Set.
Members may be asked to produce a valid official ID document including a photo at the entrance to the event venue (passport, driving licence, identity card or residence permit).
A Set is valid only for the venue, session, date and time of the relevant event. In all other cases, the Set is not valid.
6.2. Placing an order
A Member who wants to order a Set must:
- have personally received an email inviting him/her to log in to the Website;
- have, at the time of ordering, sufficient point credit to cover the order as provided for in article 6.1 above;
- log in to the Website and enter his/her Le Club AccorHotels member number;
- select a Set online and complete the identification sheet in which he/she enters all the information requested;
- check the order and correct any errors;
- read these general terms and conditions of sale and accept them;
- confirm his/her order after having checked it and accepted the debit of the matching number of Rewards points.
6.3 Order confirmation
An order confirmation is sent within a period of eight (8) working days by email to the email address indicated by the Member on ordering. All data supplied and the confirmation recorded constitutes proof of the transaction. Confirmation implies signature and acceptance of the transactions completed.
6.4 Access to the event related to a Set
After confirming the order, and at the latest two (2) weeks before the event, the Member receives all instructions and practical information by email enabling him/her to benefit from the Set ordered.
In compliance with the instructions forwarded as above, the Member must appear at AccorHotels Arena on the date of the event so that his/her tickets are handed over at the venue.
7. NO COOL-OFF PERIOD
On account of the nature of the Sets proposed on the Website (tickets for a leisure activity taking place on a definite date) and in compliance with Article L. 121-21-8 of the Consumer Code, the Member does not enjoy the cool-off period pursuant to article L. 121-21 of the Consumer Code.
8. CUSTOMER SERVICE
For any information or question about an order, the Member may send an email to: LeClubAccorHotels.Arena@accor.com.
The services provided in connection with a Set are compliant with applicable French legislation. Le Club AccorHotels may not be held liable in the event of infringement to the legislation of the country in which the services are used, or if the Member fails to comply with the times stated for the relevant event.
The event organiser determines the regulations specific to the performance of the event. These regulations are communicated to the spectators by the organiser and apply fully to the Member. In a general sense, the Member therefore undertakes to comply with all general terms and conditions and all regulations imposed by the organiser of the event relevant to the Set. Le Club AccorHotels cannot be held liable if these provisions are not observed by a Member.
Photographs, graphic representations and texts reproduced to illustrate the events performed are not contractual. Therefore Le Club AccorHotels cannot be held liable in the event of an error in one of these photographs, graphic representations or texts.
A party may not be held liable for the non-performance of any obligation in the general terms and conditions of sale in the event of force majeure, an act of God, the fault of third parties or because of the other party. Furthermore, Le Club AccorHotels cannot be held liable for a delay in pre-event air, rail or land transportation preventing the Member from attending the beginning of the event, for any reason whatsoever.
Le Club AccorHotels shall not incur liability for any consequential damage to the Member due to these GTCS, notably loss of business, loss of profits or loss of opportunity.
10. PRIVATE DATA:
The information requested from the Member on the Website is necessary to process his/her order and will be forwarded to Le Club AccorHotels, its service providers and AccorHotels Arena for processing the order. Should the data requested not be completed, the order cannot be processed.
The Member may write to the Private Data Protection Department to exercise his/her rights to access, rectify or delete his/her private data and his/her right to obstruct the processing of said data by Le Club AccorHotels, pursuant to the Act of 6 January 1978, at the following email address: email@example.com.
11. AGREEMENT ON EVIDENCE
The data records kept on the Le Club AccorHotels computer systems will be kept in reasonably secure conditions and are considered proof of communications, orders and payments made between the parties.
12. INTELLECTUAL PROPERTY
All texts and images reproduced in le Club AccorHotels communications and on the Website belonging to ACCOR, Pro-fid or their partners, and AccorHotels Arena in particular, or to the event organisers are covered by intellectual property rights.
Any use of these items by a Member, not expressly and previously authorised in writing by Accor or Pro-fid, is prohibited and constitutes an infringement.
Consequently, any reproduction and/or disclosure to the public, whether total or partial, of the Website or communications from Le Club AccorHotels are strictly prohibited.
Elements belonging to ACCOR or Pro-fid such as trademarks, designs and models, images, texts, and product design, are the sole property of Accor or Pro-fid.
These general terms and conditions of sale do not imply any assignment whatsoever of intellectual property rights to the items belonging to ACCOR or Pro-fid such as sounds, photographs, images, literary texts, artistic works, software, trademarks, graphic style guides, logos, to the Member.
The Member shall refrain from directly or indirectly harming the ownership rights of ACCOR or Pro-fid.
These general terms and conditions of sale are governed by French law and do not oppose any imperative protective provisions applicable in the member’s country of abode.
In the event of a dispute arising from the construal or performance of these conditions, the Member may resort to a conventional mediation procedure or any alternative method of dispute settlement.
Any disputes are brought before the territorially competent jurisdictions pursuant to the French Code of Civil Procedure or of the French Consumer Code.