General Terms and Conditions of Sale
C.N.I. Les Thermes Strassen-Bertrange
These General Terms and Conditions of Sale (hereinafter the "Terms and Conditions" or "GTC") govern the contractual relationship between C.N.I. LES THERMES, a company having its registered office at Rue des Thermes, L-8018 Strassen, Grand Duchy of Luxembourg (hereinafter "Les Thermes"), and any customer placing an order through the website www.lesthermes.net (hereinafter the "Customer").These Terms and Conditions apply to the online sale of admission tickets, gift vouchers, aquatic courses and swimming classes and any other products offered by Les Thermes on its website. By placing an order, the Customer acknowledges having read, understood and accepted these Terms and Conditions in their entirety without reservation. Les Thermes reserves the right to amend these Terms and Conditions at any time. The Terms and Conditions applicable to the Customer's order shall be those in force on the date the order is placed.
1. Acceptance
Any order placed through the Les Thermes website shall automatically constitute the Customer's full and unconditional acceptance of these Terms and Conditions. Prior to submitting an order, the Customer shall have the opportunity to review the details of the order and correct any input errors. The order shall become final only after the Customer has: ticked the box confirming acceptance of these Terms and Conditions; and clicked the button labelled "Order with obligation to pay" or any equivalent unambiguous wording indicating that placing the order creates an obligation to pay Les Thermes. Following completion of the ordering process, an order confirmation shall be sent to the Customer by email to the email address provided during registration.
Les Thermes offers for sale on its website admission tickets to the thermal facilities, gift vouchers, aquatic courses and swimming classes. Each product is presented with a clear description, its essential characteristics (including, where applicable, the type of admission, services included, course programme and level, and validity period) together with its price inclusive of all applicable taxes. Any photographs, illustrations or other visual representations of the products displayed on the website are provided for illustrative purposes only and shall not form part of the contractual agreement.
Products displayed on the website are offered subject to availability and capacity limitations. Should a product become unavailable after the Customer's order has been confirmed and payment has been received, Les Thermes shall notify the Customer as soon as reasonably practicable and shall reimburse in full any sums paid.The mere addition of a product to the shopping basket shall not constitute acceptance or confirmation of the order, and the product may become unavailable prior to completion of the ordering process.
2. Prices
All prices displayed on the Les Thermes website are stated in euros (€) and are inclusive of all applicable taxes, including Value Added Tax (VAT). Unless expressly stated otherwise, the prices displayed do not include any transaction fees that may be charged by the Customer's chosen payment service provider. Les Thermes reserves the right to amend its prices at any time, provided that the price applicable to the Customer's order shall be the price in force at the time the order is confirmed by the Customer. Any promotional offers shall be expressly identified as such and shall remain valid only for the period specified.
3. Customer Account and Personal Data Protection
Creation of a Customer account is required in order to place an order on the Les Thermes website. When creating a Customer account, the Customer shall choose a username and password and shall be solely responsible for maintaining the confidentiality of such login credentials. In the event that the password is lost or forgotten, the Customer may request that it be reset directly through the website.
The personal data collected in connection with the Customer's order shall be processed by Les Thermes in its capacity as data controller, in accordance with Regulation (EU) 2016/679 (the "General Data Protection Regulation" or "GDPR") and the applicable legislation of the Grand Duchy of Luxembourg. The processing of the Customer's personal data is governed exclusively by the Les Thermes Privacy Policy (the "Privacy Policy"), available at www.lesthermes.net. By placing an order through the website, the Customer acknowledges having read the Privacy Policy and agrees to be bound by its terms.
4. Orders
Upon confirmation of the order, the Customer shall receive an order confirmation by email containing all relevant details of the order, including the products purchased, the purchase price, the applicable terms of use and, where applicable, information relating to the Customer's statutory right of withdrawal. Les Thermes reserves the right to refuse or cancel any order in the event of suspected fraud, inaccurate or incomplete information, or any dispute relating to a previous unpaid order. The Customer shall be informed thereof as soon as reasonably practicable, and any amounts already paid shall be refunded in full.
5. Payment
Payments may only be made through secure electronic payment methods. Les Thermes accepts payment by Visa and Mastercard credit or debit cards, as well as via PayPal. All payment transactions are secured by encryption technology designed to ensure the confidentiality of the Customer's banking information. Les Thermes does not retain the Customer's payment card details. Les Thermes shall not charge the Customer any fee for the use of a particular means of payment exceeding the costs actually incurred by Les Thermes in relation to that payment method. Payment shall be due immediately upon placement of the order. No order shall be deemed accepted until full payment has been successfully received.
6. Delivery of Admission Tickets, Gift Vouchers and Other Products
Following confirmation of payment, admission tickets and/or gift vouchers shall be delivered to the Customer electronically (by email or by download through the Customer's online account) within a maximum period of thirty (30) minutes. Where the order relates to physical products, such products shall be dispatched to the postal address provided by the Customer when placing the order, within the delivery times indicated on the website at the time of purchase and, in any event, no later than thirty (30) days from confirmation of the order. Should this delivery period be exceeded, the Customer shall be entitled to terminate the contract and obtain a full refund of all amounts paid, in accordance with the applicable legislation. The Customer is solely responsible for ensuring the accuracy of the email address and, where applicable, the postal address provided when placing the order. Les Thermes shall not be liable for any failure to deliver resulting from inaccurate or incomplete contact details supplied by the Customer. Before contacting Customer Services regarding non-receipt of electronic tickets or vouchers, the Customer is advised to check their spam or junk email folder. In the event of force majeure, including but not limited to technical failures, natural disasters, epidemics, pandemics or any other event beyond the reasonable control of Les Thermes, delivery may be delayed or suspended. The Customer shall be informed thereof as soon as reasonably practicable.
7. Right of Withdrawal
(i) Gift Vouchers
The Customer shall have the right to withdraw from the contract within fourteen (14) calendar days from the date of conclusion of the contract in respect of gift vouchers purchased through the website, without giving any reason and without incurring any penalty. To exercise the right of withdrawal, the Customer must notify Les Thermes of the decision to withdraw before expiry of the fourteen (14)-day withdrawal period by any means capable of providing proof of such notification, including by email to info@lesthermes.net or by using the withdrawal form available below or on the Les Thermes website. Where the right of withdrawal has been validly exercised, Les Thermes shall reimburse the Customer in full for all amounts paid, using the same means of payment as that used for the initial transaction, within fourteen (14) days of receipt of the Customer's notice of withdrawal. Where the Customer has expressly requested that the gift voucher be performed or redeemed during the withdrawal period and the gift voucher has been fully redeemed before expiry of that period, the Customer shall lose the right of withdrawal.
(ii) Admission Tickets for a Specific Date
Pursuant to the applicable consumer protection legislation, the right of withdrawal shall not apply to contracts for the supply of services relating to leisure activities where the contract provides for a specific date or period of performance. Accordingly, admission tickets purchased for a specified date of access are not subject to any right of withdrawal. The Customer shall be expressly informed of this exclusion prior to completing the order.
(iii) Aquatic Courses and Swimming Classes
Aquatic courses and Swimming Classes purchased through the Les Thermes website constitute contracts for the supply of services relating to leisure activities to be provided on a specific date and at a specific time. Pursuant to the applicable consumer protection legislation, the statutory right of withdrawal shall not apply to such contracts where they provide for performance on a specified date or within a specified period. Accordingly, aquatic courses and swimming classes booked for a specified date and time are not subject to any right of withdrawal. The Customer shall be expressly informed of this exclusion prior to completing the order.
(iv) Model Withdrawal Form (Gift Vouchers Only)
To exercise your right of withdrawal, please complete and send this form by email to:
C.N.I. LES THERMES, Rue des Thermes, L-8018 Strassen or by email: info@lesthermes.net
I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods () / for the supply of the following services (*). Ordered on () / received on ()Name of consumer(s):Address of consumer(s):Signature of consumer(s) (only if this form is notified on paper):Date (*)
(v) Unused Admission Tickets, Gift Vouchers, Aquatic Courses and Swimming Classes
Without prejudice to the right of withdrawal applicable to gift vouchers pursuant to Section 7(i) above, and without prejudice to the refunds expressly provided for in the event of product unavailability or force majeure, any admission ticket, gift voucher or aquatic course and swimming classes purchased through the Les Thermes website which is not used by the Customer shall neither be refunded nor exchanged, irrespective of the reason. This policy applies in particular to: admission tickets valid for a specific date where the Customer fails to attend on the scheduled date; aquatic courses and swimming classes booked for a specified date and time where the Customer fails to attend; and gift vouchers that have expired without having been fully redeemed.
(vi) Complaints and Dispute Resolution
For any complaint relating to an order or to the services provided by Les Thermes, the Customer is invited, in the first instance, to contact Les Thermes Customer Services in order to seek an amicable resolution of the matter.
The Customer may contact Les Thermes Customer Services by email at info@lesthermes.net or by telephone on (+352) 27 03 00 27.
Les Thermes undertakes to handle all complaints within a reasonable period of time.
Should the dispute remain unresolved, the Customer may have recourse to an alternative dispute resolution ("ADR") procedure. In the Grand Duchy of Luxembourg, the competent ADR body is the National Consumer Ombudsman Service (Service national du Médiateur de la consommation): Ancien Hôtel de l'Acier B.P. 1115 L-1011 Luxembourg Website: www.mediateurconsommation.lu The European Commission also provides an Online Dispute Resolution ("ODR") platform, accessible at: http://ec.europa.eu/consumers/odr/Failing an amicable settlement, any dispute arising out of or in connection with these Terms and Conditions shall fall within the exclusive jurisdiction of the competent courts of the Grand Duchy of Luxembourg, without prejudice to any mandatory consumer protection provisions applicable under the relevant legislation.
8. Intellectual Property
The website www.lesthermes.net, including its design, graphical user interface, software, text, photographs, videos and all other content made available thereon (collectively, the "Intellectual Property"), is protected by intellectual property laws and regulations. All intellectual property rights relating thereto are the exclusive property of Les Thermes or of its duly authorised licensors. Access to or use of the website shall not confer upon the Customer any ownership rights or licence in respect of the Intellectual Property. Except with the prior written consent of Les Thermes, the Customer shall not, whether in whole or in part, by any means or on any medium whatsoever:(i) modify, copy, translate, adapt, reproduce, distribute, publish, transmit or otherwise exploit, or create derivative works from, any part of the website or its content;(ii) create hyperlinks to or from the website, frame the website, or create any "mirror" website reproducing all or part of the website; or(iii) disassemble, reverse engineer or decompile the website or any part of its content, or access the website for the purpose of developing or providing any competing product or service. Any breach of this provision may constitute an infringement of intellectual property rights and may give rise to civil and/or criminal liability to the fullest extent permitted by applicable law. For the purposes of these Terms and Conditions, "Intellectual Property Rights" shall include, without geographical limitation:(i) patents and patent applications;(ii) trademarks (whether registered or unregistered), trade names, logos and corporate names;(iii) copyrights (whether registered or unregistered), together with all applications, registrations and renewals relating thereto;(iv) trade secrets, know-how and confidential information;(v) Internet domain names; and(vi) any other intellectual property rights recognised under the applicable laws.
9. Technical Requirements and Use of the Website
In order to access www.lesthermes.net and place orders through the website, the Customer must have access to compatible equipment (including a computer, tablet or smartphone) together with a functioning Internet connection. The Customer shall be solely responsible for the equipment, software, telecommunications services and Internet connection used to access and operate the website.
The Customer undertakes to use the website in compliance with all applicable laws and regulations and shall refrain from carrying out any act that may prejudice the interests of Les Thermes or of any third party. In particular, the Customer undertakes not to upload, transmit or otherwise introduce through the website any computer virus, Trojan horse, malware or any other software, code or material likely to interfere with, disrupt or impair the proper functioning, security or availability of the website.
10. Security
The website www.lesthermes.net is secured in accordance with generally accepted industry standards. All online transactions are encrypted using SSL (Secure Sockets Layer) technology. However, no method of data transmission over the Internet can be guaranteed to be completely secure. Accordingly, Les Thermes does not warrant that the website will be free from bugs, viruses or other harmful components. The Customer shall be solely responsible for maintaining the security of the Customer account, including the confidentiality of the Customer's login credentials. The Customer shall notify Les Thermes without undue delay of any unauthorised use of the Customer's account or any breach of security of which the Customer becomes aware. Les Thermes shall not be liable for any loss or damage resulting from the Customer's disclosure of login credentials to any third party.
11. Liability of Les Thermes
Les Thermes shall not be liable for any loss or damage arising from:(i) the Customer's improper or unlawful use of the website;(ii) any failure or interruption of the Customer's Internet connection;(iii) any malicious intrusion, cyberattack or other unauthorised interference by third parties that could not reasonably have been prevented by appropriate security measures; or(iv) any event of force majeure. Les Thermes shall not be liable for any inaccuracies, omissions or errors that may remain on the website despite the reasonable care taken in preparing and maintaining its content. Furthermore, Les Thermes does not warrant that the website will be continuously available, uninterrupted or free from technical defects. Nothing in these Terms and Conditions shall exclude or limit the liability of Les Thermes for:(i) fraud or wilful misconduct;(ii) gross negligence, where liability cannot lawfully be excluded or limited;(iii) death or personal injury caused by the acts or omissions of Les Thermes; or(iv) any statutory rights or remedies which the Customer enjoys under applicable mandatory consumer protection legislation. Nothing in these Terms and Conditions shall exclude or limit the Customer's mandatory rights under the Luxembourg Consumer Code, including, without limitation, the statutory legal guarantee of conformity.
12. Force Majeure
Les Thermes shall not be liable for any total or partial failure to perform its obligations where such failure results from an event of Force Majeure, meaning any event that is unforeseeable, unavoidable and beyond the reasonable control of Les Thermes, including, without limitation: power outages; technical failures attributable to third parties; epidemics or pandemics; quarantine measures; war; acts of terrorism; fire; flooding; storms; earthquakes; or any other natural or industrial disaster.
Upon the occurrence of a Force Majeure event, Les Thermes shall notify the Customer as soon as reasonably practicable and shall take all reasonable steps to mitigate its effects. Where the Force Majeure event continues for an unreasonable period, either Party may terminate its outstanding obligations under these Terms and Conditions. Where applicable, any sums paid by the Customer in respect of services that have not been provided shall be refunded in full. Each Party shall bear its own costs and expenses incurred from the commencement of the Force Majeure event until its cessation.
13. Cookies and Tracking Technologies
The website www.lesthermes.net uses cookies and other tracking technologies (collectively, the "Cookies") to improve the browsing experience, remember the Customer's preferences and compile website usage statistics. Certain Cookies are strictly necessary for the operation of the website and do not require the Customer's consent. Other Cookies, including those used for analytics or advertising purposes, shall be placed only after the Customer has given informed consent through the Cookie consent banner displayed upon the Customer's first visit to the website. The Customer may modify Cookie preferences at any time through the browser settings or via the Cookie consent management tool available on the website. The use of Cookies by Les Thermes is governed exclusively by the Les Thermes Cookie Policy (the "Cookie Policy"), available at www.lesthermes.net. By accessing the website, the Customer acknowledges having read the Cookie Policy.
14. Amendments to the Terms and Conditions
Les Thermes reserves the right to amend these Terms and Conditions at any time, including where required as a result of legislative, regulatory or judicial developments. Any amendment shall be published on the website and, where appropriate, notified to the Customer by any suitable means prior to its entry into force. The Terms and Conditions applicable to any order shall be those accepted by the Customer at the time the order is placed. Continued use of the website following notification of any amendment shall constitute acceptance of the amended Terms and Conditions, without prejudice to the Customer's mandatory rights under applicable consumer protection legislation.
15. Severability
Should any provision of these Terms and Conditions be held to be invalid, illegal or unenforceable pursuant to any applicable law or regulation or by a final decision of a competent court, such provision shall, to that extent, be deemed severed from these Terms and Conditions and shall be treated as if it had never formed part thereof, without affecting the validity, legality or enforceability of the remaining provisions, which shall remain in full force and effect.
16. Indemnification
The Customer agrees to indemnify, defend and hold harmless Les Thermes and its directors, officers, employees, agents and representatives from and against any and all claims, liabilities, losses, damages, costs, expenses and demands, including reasonable legal fees and attorneys' fees, arising out of or relating to: (i) any breach by the Customer of these Terms and Conditions; or (ii) any unlawful or improper use of the website by the Customer.
17. No Waiver
No failure or delay by Les Thermes in exercising any right, remedy or provision under these Terms and Conditions shall constitute a waiver thereof. Any partial exercise of any right or remedy shall not prevent any further or subsequent exercise of that or any other right or remedy.
18. Entire Agreement
Without prejudice to any separate agreements entered into between the Parties or to any mandatory provisions of applicable law, these Terms and Conditions constitute the entire agreement between Les Thermes and the Customer with respect to access to the website and the online sale of admission tickets, gift vouchers, aquatic courses and swimming classes, and supersede all prior agreements, understandings, negotiations and representations relating to the same subject matter.
19. Language and Governing Law
These Terms and Conditions have been drafted in the French language, which shall constitute the governing language of the contractual relationship between Les Thermes and the Customer. In the event that these Terms and Conditions are translated into any other language, the French version shall prevail in the event of any inconsistency or conflict of interpretation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. Any dispute arising out of or in connection with these Terms and Conditions, including their interpretation, validity, performance or termination, shall be subject to the jurisdiction of the competent courts of the Grand Duchy of Luxembourg, without prejudice to the mandatory provisions of European Union law and the Luxembourg Consumer Code protecting consumers, including the consumer's right, where applicable, to bring proceedings before the courts of the Member State in which the consumer is habitually resident.