Date last updated: 06/02/2023
1. Legal Notice
The Spa.accor.com website accessible via the following address Spa.accor.com (hereinafter the “Site”) is published by Accor, French limited liability company with a share capital of EUR €785,568,804, Trade and Companies Registry no. RCS NANTERRE B 602 036 444, Intracommunity VAT no. FR 93 602 036 444, having its registered office at:
Accor SA, Head office, 82, rue Henri Farman, CS 20077, 92445 ISSY-LES-MOULINEAUX, FRANCE - Tel: +33 (0)1 45 38 86 00
Accor can be contacted by postal mail at the above address.
The Accor Key Application’s publication director is:
Sebastien Bazin, CEO.
The Site is hosted by:
Amazon Web Services, EMEA SARL, 38 AV JOHN F KENNEDY, L 1855 99137, LUXEMBOURG
2.1. Scope and purpose
Access to and use of this Site is governed by these ToU, which define the terms and conditions of use of the Site and the relations between Accor and any person who accesses or browses the Site (the “User”). These ToU are available and can be viewed at any time on the Site. The User can also print or download these ToU.
The Site allows users to book well-being stays or book well-being treatments, consult information on hotels, accor brands, etc.
Accor will make reasonable efforts to ensure that the information and content on the Site is accurate and up to date but reserves the right to correct and/or modify all or part of the Site and/or the ToU at any time and without notice. Any such changes to the ToU shall take effect on the date posted on the Site and the User’s use of this Site after such changes have been posted will mean that the User accepts and agrees to all such changes.
The applicable ToU are those in effect on the date of browsing the Site. Accordingly, if the User views or browses the Site, the User will be deemed to have read and accepted the ToU in effect and to have agreed to abide by them. If the User do not accept these ToU or any part of them, he/she shall not use or browse the Site.
2.2. Intellectual Property
The Accor brand, and all trademarks, whether figurative or not, and in general, any other distinctive signs featured on the Site, whether registered or not (the “Trademarks”) are and shall remain the exclusive property of Accor or are under license to Accor. No right or license is granted to the User in respect of the Trademarks.
The Site and all graphics, texts, visuals, and photographs featured therein, including any illustrations, images, designs, pictures, characters, written materials, décors, presentation methods, data access methods, databases or other organization of data, graphic or other components of the Site (hereinafter the “Content”) are and shall remain the exclusive property of Accor or are under license to Accor and are protected by intellectual property rights. No right or license is granted to the User in respect of the Content.
Under no circumstances whatsoever may the Trademarks, the Site and/or the Content be modified, reproduced, performed, transmitted, distributed, displayed, sold, or incorporated into a derivative or other work, in whole or in part, in any medium whatsoever. More generally, the Trademarks, the Site and its Content are provided for the User’s personal and private, non-commercial use. Any use of all or part of the Trademarks, the Site and/or the Content, in particular by downloading, reproduction, transmission, performance or display for any purposes other than those contemplated in these ToU is strictly prohibited.
Subject to compliance with these ToU, Accor grants Users a personal, non-exclusive and non-transferrable right to access and use the Site, the Content and/or the Trademarks solely and exclusively for Users’ personal and private, non-commercial use. Accordingly, it is strictly prohibited to:
- copy, reproduce, perform/display, disseminate, distribute and/or publish, on a permanent or temporary basis, the Site and/or the Content and/or the Trademarks, in whole or in part, by any means or process (including caching, framing, etc.) and on any medium currently known or unknown;
- create derivative works based on the Site and/or the Content and/or the Trademarks;
- modify, translate, adapt or arrange, in whole or in part, the Site and/or the Content and/or the Trademarks;
- disassemble, decompile or reverse engineer the Site and/or the Content;
- distribute, transmit, retransmit, broadcast, sell, rent, license or operate, in any way whatsoever, the Site and/or the Content and/or the Trademarks, in whole or in part.
2.3. Links to the Site – Links to third-party sites
Accor reserves the right to request the deletion of any link to the Site that was not, or is no longer, authorized and to claim damages on the basis of the harm thereby sustained.
Sites containing a hypertext link to the Site or to any one of its components may not all be under the control of Accor, which accordingly disclaims any and all liability (specifically editorial) in connection with access to and the content of such sites.
The Site may contain links to other websites or external sources (“Third-Party Sites”). To the extent that Accor has no control over such Third-Party Sites or their content, Accor can provide no assurances concerning their availability or content, and disclaims any and all liability in connection with the content, ads, products, services or other materials available on or from such Third-Party Sites. By providing links to such Third-Party Sites, Accor does not approve, endorse, or make any representation concerning the content of such Third-Party Sites, nor does any such link indicate any association between Accor and the owners and/or authors, designers, managers, administrators or hosts of such Third-Party Sites. These links are provided for information purposes only and you acknowledge that you are solely responsible for any decision by you to activate the links to such Third-Party Sites. Accor also disclaims any and all liability for any actual or alleged damages or losses arising out of or in connection with your use, or reliance on the content, goods or services available on such Third-Party Sites.
The Site and its Content are provided “as is” subject to availability. The User is solely responsible and liable for its use of the Site and the Content, and in particular for complying with its obligations under these ToU.
Accor does not warrant uninterrupted availability of the Site or its Content, or that the Site or its Content will be error-free. The Site is normally available 24 hours a day, 7 days a week, subject to events of force majeure, the availability of the internet and/or suspensions of the Site due to technical reasons in connection with updates to the Site, Site maintenance or any other technical cause. Accor is under a duty of reasonable care in providing access to the Site under the conditions set forth in these ToU, and in attempting to remedy any malfunction, suspension or interruption of the Site that is brought to its knowledge. The User acknowledges and accepts that Accor may be required to temporarily or permanently suspend access to the Site without notice, in particular for technical and/or maintenance reasons, irrespective of their cause or origin, without this entailing any liability whatsoever for Accor.
It is further specified that the internet and the information and telecommunication systems used to access and use the Site are not error-free or bug-free and that interruptions and failures may occur from time to time. Accor disclaims any and all liability for any inconvenience, loss or damage in connection with the use of the internet, in particular but without restriction, poor transmission and/or receipt of any data and/or information over the internet, the failure of any receiving equipment or lines of communication, any malfunction of the internet preventing the proper operation of the Site and, more generally, any loss or damage arising out of the use of the Site, the internet and information and telecommunication systems. Neither Accor nor its directors or employees shall be liable for any loss or damage, howsoever caused, arising out of a use of the Site, for which the User is solely responsible. It is up to Users to take all appropriate measures to ensure the security of their equipment, data, software or other property, in particular against infection by any virus and/or attempted intrusion of which they might be the victims.
2.5. Personal data
2.6. Force Majeure
Force majeure is any event beyond the control of either party, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, preventing the performance of all or part of its obligations under the contract. Are considered as force majeure or fortuitous event those usually recognized by the jurisprudence of the French Courts and Tribunals.
Each party shall not be liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising therefrom.
The Site is available in French and English. The French language being the authentic language, in the event that the Site is translated into a foreign language, the French language will prevail over any other translation in the event of a dispute, litigation, difficulty in interpreting or executing the present conditions and more generally concerning the relations existing between the parties. If one or more provisions of these ToU is found invalid or unenforceable under any applicable law or regulation or by decision of a court of competent jurisdiction, it shall be severed, but without this affecting the validity or the enforceability of the remaining provisions.
No failure by Accor at any time to enforce its rights in connection with any provision of these ToU shall operate or be construed as a waiver of such provision or of the right to subsequently enforce that provision and/or of its remedies for such breach.
2.8. Governing law – Complaints and Disputes
These ToU are governed by, and shall be construed in accordance with, the laws of France, without hindering the mandatory protective provisions that may be applicable in the country of residence of the consumers.
In case of any complaint or dispute arising out of or in connection with the application, interpretation or performance of these ToU, the parties shall endeavor to find an amicable solution. Failing amicable resolution of the controversy within a period of two (2) months from receipt by Accor of a written notice of dispute sent to it as indicated above, either party may bring it before the French courts of competent jurisdiction, it being specified that that the User may pursue any alternative dispute resolution method and in particular mediation via the European online dispute resolution platform at: http://ec.europa.eu/odr , which will attempt to amicably resolve it.
For any additional information or complaint relating to the use of the Site, the User may contact assistance: https://help.accor.com/ or by mail at the address indicated in article 1 above..