GENERAL TERMS AND CONDITIONS OF SERVICES

1. PREAMBLE

These general terms and conditions (hereinafter, the “General Terms and Conditions“) are intended to define the terms and conditions under which The Mountain Terrace allows its customers (hereinafter, the “Customer(s)“) to benefit from all of the services, particularly reservation services, that are available on this Site and are further described below (hereinafter, collectively, the “Services“).
Prior to reserving any Service on the Site, the Customer declares (i) that said Customer is acting for his/her own personal purposes that are not part of said Customer’s commercial, industrial, artisanal, independent or agricultural activity and (ii) the Customer has the full legal capacity to accept these current General Terms and Conditions.
The Customer is invited to carefully read these General Terms and Conditions, whose prior acceptance is mandatory for the reservation of any Service offered on the Site. Customers are advised to save and print these General Terms and Conditions using the standard functionalities of their browser and computer.
The Mountain Terrace reserves the right to modify or supplement, at any time, all or part of these General Terms and Conditions. In this case, the new version of the General Terms and Conditions will be available on the Site with the effective date. Customers are advised to regularly consult the General Terms and Conditions to be aware of any changes. In any case, the Customer will only be bound by the version of the Terms and Conditions in force at the time that the Customer makes the reservation of his/her Service.
The Customer assumes the exclusive responsibility of paying, if necessary, for all the technical means necessary to gain access to the Site.

2. DESCRIPTION OF THE SERVICES

2.1 ACCOMMODATION SERVICES

The Site allows the reservation of Villas in THE MOUNTAIN TERRACE facilities or other types of accommodation/services operated under a THE MOUNTAIN TERRACE brand (hereinafter collectively referred to as the “Establishments“).
The essential characteristics, availability dates, price, options offered, payment conditions and particular conditions of sale applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, member rate conditions, etc.) of the offered Establishments are presented during the reservation.
In this respect, it is noted that each Establishment has its own special terms and conditions applicable to the selected rate also available on the Site (hereinafter, the “Special Conditions“) which are brought to the attention of the Customer prior to any reservation on the Site. For example, check-in and check-out times, guarantee policy, cancellation period, Wi-Fi access, specific conditions applicable to children. For hygiene reasons, animals are never allowed.
Finally, in The Mountain Terrace dance with the regulations in force in certain countries, the Customer may be asked to complete a police form upon arrival at the Establishment. To do this, the Customer will be asked to present an identity document copies in order to verify if they need to complete the police form or not.

3. RESERVATION PROCESS

The Customer chooses any Service presented on the Site or those of its Partners by following the process provided for this purpose.

3.1 RESERVATION OF THE MOUNTAIN TERRACE SERVICES

The Mountain Terrace Service reservations are made by the Customer on the Site.
The reservation process varies to the Customer path and request; it includes the following steps:
– Step 1: the input of search criteria for a destination, Establishment and, where appropriate, one or more Complementary Services;
– Step 2: the results and selection of an Establishment and, if applicable, one or more Complementary Services;
– Step 3: the details and characteristics of the Service(s) selected, especially if it is an Accommodation Service: the characteristics of the Accommodation (type of room, size of the room, TV, minibar, etc.), length of stay, options offered (for example: breakfast, Wi-Fi access, etc.), the total price of the reservation including details of the applicable taxes, the legal information form in the case of a related travel service or tour package, and any applicable Special Conditions (guarantee policies, cancellation policy, check-in time, etc.);
– Step 4: the summary of the Service reservation with:
(i) a statement of the main features (length of stay, features of the Accommodation Service and/or the Complementary Service(s), amount inclusive of applicable taxes) and,
(ii) indication by the Customer of his/her contact information: either through identification by means of an existing account, or by filling in all of the mandatory fields (indicated by an asterisk) with the possibility of saving this information by creating a membership account on the Site or membership of the loyalty program offered by THE MOUNTAIN TERRACE;
– Step 5: the completion of the Service reservation by the Customer with:
(i) an indication of his/her payment information, either in the event of the partial or total pre-payment of the reservation prior to the stay, or in the event of a request for a reservation guarantee for the Accommodation Service and:
(ii) the review and acceptance of the General Terms and Conditions and the Special Conditions relating to the reservation prior to validation by the Customer;
– Step 6: the acceptance of the reservation of the Service(s) by THE MOUNTAIN TERRACE and the Establishment concerned;
– Step 7: an email confirming the reservation of the Service(s) is sent to the Customer summarizing the Service(s) reserved, the price(s), the Special Conditions accepted by the Customer, the date of the reservation made, the information relating to the after-sales service and access to the General Terms and Conditions and the address of the Establishment at which the Customer can submit any complaints.
All reservations are considered made as soon as the Customer clicks on the “finalize your reservation” page (i) in the case of a prepaid reservation, on the “Pay” button or (ii) in the case of a reservation to be paid for within the Establishment, on the “Confirm” button.
The Customer may make a reservation for The Mountain Terrace Services on behalf of one or more additional person(s). The reservation made by the Customer will be subject to the conditions applicable to groups, available at the website www.tmterrac.com including business groups, meetings, seminars, etc.

4. PRICE AND PAYMENT

4.1 PRICE

The prices related to the reservation of the Services are indicated before, during and after the reservation.
For Accommodation Services, the prices shown are based on villas or other services for the number of people and date selected.
When confirming the reservation of a Service, the total price is indicated to the Customer in the amount with taxes included in the business currency of the Establishment (which in some cases may be different from the local currency of the Establishment) and is valid only for the period indicated on the Site.
If the payment of the total price of the booked Service is made at the Establishment in a currency other than that confirmed on the reservation, the currency exchange costs are the responsibility of the Customer. Note that if a conversion of the currency confirmed on the reservation into another currency appears on the Site, it is given only for informational purposes and is not contractual, especially given the possible change of exchange rates between the reservation date and the dates of stay at the Establishment.
Unless otherwise stated on the Site, the options (for example, breakfast, half-board, full-board etc.) that are not offered during the reservation of the Service are not included in the price.
The tourist tax, presented during the reservation process of the Service, is to be paid directly on location at the Establishment, except in the event of online pre-payment prior to the stay, where the amount can be included.
The prices take account of the VAT applicable on the day of the reservation and any change of the applicable VAT rate will be automatically reflected in the price indicated on the billing date.
Any modification or introduction of new legal or regulatory fees imposed by the competent authorities will automatically be reflected in the price indicated on the billing date.
Finally, some promotional offers are available only on the Site and sold exclusively on the internet, and in no case are available at the reception of the Establishment.

4.2 PAYMENT

The Customer provides his/her payment information (i) to pre-pay the reservation before the stay, (ii) as a guarantee of the reservation, or (iii) as a result of the online check-out procedure proposed as part of the Welcome Service as described below, indicating directly, in the area provided for such a purpose (secure entry by SSL encryption) when it is a credit card: the credit card number, without spaces between the figures, its date of validity (it is noted that the bank card used must be valid at the time of stay) and the security code as part of a pre-payment on the payment platforms mentioned below.
THE MOUNTAIN TERRACE has chosen Paytabs Payment Services (i.e. Payment Service Provider to secure online payments by bank card. The credit card of the Customer is examined for its validity by these partners and can be refused for several reasons: card stolen or blocked, limit reached, input error, etc. In the event of any problem, the Customer will have to approach his/her bank and the Establishment or any other entity to confirm his/her reservation of the Service and payment method.
The online payment methods (cards, wallet, etc.) available and mentioned on the payment page of the Site may be Visa and Mastercard, American Express, JCC, Diners, China UnionPay, Post Finance, ELO, Bancontact, Sofort, iDeal, Przelewy24, PayPal, Alipay, WeChat, ShareGroop, and Banque Casino cards. This list is subject to change.
In the event of payment to the Establishment or any other entity, each Establishment or any other entity may accept different means of payment, but the Customer must present the credit card to the Establishment that they used to guarantee the reservation or make the pre-payment. The Establishment may also ask the Customer to present an identification document for the purpose of credit card fraud prevention.
If the Customer has not pre-paid for his/her stay online, the Establishment may, upon arrival, ask the Customer for a deposit or an authorization to debit the credit card to guarantee payment of the sums corresponding to the services consumed on-site.
Members of THE MOUNTAIN TERRACE loyalty program may use their points to book all or part of an eligible Service on the Site The Mountain Terrace ding to the conditions described in the loyalty program.
In the event of the Customer’s failure to show up on the first day of his/her reservation of an Accommodation Service (“no show”), the Customer’s reservation will be cancelled in full. The Customer is informed that in such a case, the Establishment will put his or her villas/services up for sale and if the reservation is non-cancellable / non-exchangeable / non-refundable, the Customer will not be entitled to any reimbursement or compensation. If the reservation is guaranteed by credit card or had been the subject of a bank pre-authorization, the Establishment will charge the Customer the cost of the first night on the credit card that has been given as a guarantee for the reservation and any additional nights of the reservation will be cancelled free of charge, unless otherwise indicated in the Special Conditions.
At the time of pre-payment, the amount that is debited when reserving the Service includes the total amount indicated at the time of reservation (including all applicable taxes) and, if applicable, the price of the options selected by the Customer.
An invoice will be sent in electronic format to the e-mail address communicated by the Customer at the time of his/her reservation; if the Customer wishes to receive an invoice in paper format, he/she must expressly request this from the Establishment concerned.

5. CANCELLATION OR MODIFICATION OF A SERVICE RESERVATION

For Accommodation Services (the reservation of Villas or other services at an Establishment or other types of accommodation), it is noted that the Customer does not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code, in The Mountain Terrace dance with Article L. 221-28 paragraph 12 of the Consumer Code, which excludes this right for contracts concerning the provision of accommodation services to be provided at a specified date or period.
For each reservation of a Service, the Special Conditions specify the conditions to cancel and/or modify the reservation.
Reservations with prepayment will not be subject to any changes and/or cancellations. The deposit (money paid in advance) will not be reimbursed. This is noted in the Special Conditions.
When the Special Conditions allow:
• the cancellation of the reservation of a Service can be made directly on the Site in the “Consult or cancel your reservation” section;
• the modification of the reservation of a Service can be done directly with the Establishment, whose contact information, including telephone number, is specified on the reservation confirmation e-mail.
In the event of an interruption of a Service by the Customer, the entire agreed-upon price will be charged. No refund will be granted in the event of a reservation with pre-payment prior to the stay.
In the case of an Accommodation Service, unless otherwise expressly stipulated in the Special Conditions, the Customer must leave the Villas or services of the Establishment before the time indicated by the Establishment, generally 12 noon on the last day of the reservation. Otherwise, the Customer will be charged for an additional night.

6. OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER

The Customer is solely responsible for his/her choice of Services on the Site and their suitability for his/her needs, so that THE MOUNTAIN TERRACE cannot be pursued for liability in this regard.
The Customer is also solely responsible for the information provided when creating his/her account and/or any reservation of a Service. THE MOUNTAIN TERRACE cannot be held liable for any erroneous or fraudulent information provided by the Customer. In addition, only the Customer is responsible for the use of his/her account and any reservation made, both on behalf of the Customer and on behalf of third parties, including minors, except to demonstrate fraudulent use arising from no fault or negligence on the part of such Customer. In this respect, the Customer must immediately inform THE MOUNTAIN TERRACE of any hacking or fraudulent use of their e-mail address by contacting its customer service department.
The Customer agrees to use the Site and the Services offered therein in compliance with the applicable regulations and these General Terms and Conditions. In the event of a breach of the Customer’s obligations under these General Terms and Conditions, the Customer is liable for damages caused by him/her to THE MOUNTAIN TERRACE or third parties. In this regard, the Customer commits to guaranteeing THE MOUNTAIN TERRACE against all claims, actions or recourse of any kind that may arise and to compensate for any damages, fees or any compensation related thereto.
The Customer, in particular, commits to making a final reservation of a Service, pay the price thereof and comply with the Special Conditions relating thereto. In fact:
– Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the Service reservation at the expense of the Customer, without prejudice to any action that THE MOUNTAIN TERRACE may bring against such a Customer;
– The Customer shall not invite into the Establishment any person whose behavior is likely to be disruptive to the Establishment and/or to the stay of other Customers
– The Customer shall not bring into the Establishment (communal areas and/or bedrooms) beverages or food from outside sources, unless clearly permitted in advance by the Establishment in question;
– The Customer shall not smoke in public premises and should only smoke in open area like balcony etc if available. Our Establishments are 100% non-smoking, which means that smoking in the bedrooms is also forbidden.
– The Customer shall not disrupt or interfere with the operations of the Establishment including its staff shall not compromise the safety of the Establishment or the persons within.
– More broadly, any behavior contrary to good morals and public order at the Establishment, as well as any violation of the Internal Regulations of the Establishment will cause the Director of the Establishment and/or any other service provider to ask the Customer to leave the premises without any compensation and/or refund if a payment has already been made. In the case where no payment has yet been made, the Customer must pay the price of the Services consumed before leaving the premises;
– Any minor must be accompanied by an adult and be in possession of a personal identity document; this adult may be any person with parental consent (the Establishment may be able to request proof of this parental consent).
– The Customer also undertakes to ensure that the computer resources made available by the Establishment (including the Wi-Fi network) are not used in any way to reproduce, represent, make available or communicate to the public works or objects protected by copyright or related intellectual property rights, such as text, images, photographs, musical works, audiovisual works, software and video games, without the authorization  of the right holders provided for in Books I and II of the Intellectual Property Code when such authorization  is required. The Customer is also required to comply with the security policy of the internet access provider of the Establishment, including the guidelines for the security measures implemented to prevent the illicit use of resources and to refrain from any act undermining the effectiveness of such measures.
The Customer will be liable for all damage caused by him and/or his guests within the Establishment and shall bear all costs arising from such damage and/or failure to comply with the above rules. THE MOUNTAIN TERRACE reserves the right to intervene if necessary and to take any appropriate action against the Customer.

7. OBLIGATIONS AND RESPONSIBILITY OF THE MOUNTAIN TERRACE

THE MOUNTAIN TERRACE undertakes, within an obligation of means, to provide access to the Site and the Services offered in The Mountain Terrace with the General Terms and Conditions, to act with diligence and competence, and to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention.
THE MOUNTAIN TERRACE may, however, be forced to temporarily suspend the Site without notice, especially for technical reasons involving maintenance, without incurring liability.
The Customer acknowledges and accepts that THE MOUNTAIN TERRACE’s liability does not extend to any inconvenience or damage arising from the use of the internet network, including, but not limited to:
– the poor transmission and/or reception of any data and/or information over the internet;
– the failure of any reception equipment or lines of communication;
– any malfunction of the internet network that prevents the Site from operating properly and/or reserving the Services.
The Site may redirect users to web links of other websites that are published and managed by third parties for which THE MOUNTAIN TERRACE disclaims any liability for the content of such websites and the services offered therein. In this respect, it is specifically noted that partners are responsible for the promotion of the offers published on their own websites. The decision to consult third-party websites is therefore the full and complete responsibility of the Customer.

8. FORCE MAJEURE AND RELOCATION

Neither of the Parties can be held liable to the other party in the event of the non-fulfilment of its obligations resulting from a force majeure event. It is expressly agreed that a force majeure event suspends the performance of the reciprocal obligations of the Parties and that each Party bears the burden of the costs arising therefrom. The events that are considered as force majeure are those generally recognized by the jurisprudence of the French Court of Cassation. If a force majeure event lasts more than thirty (30) days after its occurrence, these General Terms and Conditions may be terminated by any of the Parties without any of them being able to claim damages.
In the case of a force majeure event, an exceptional event or impossibility to carry out the Service and, in particular, making the room of the Establishment available to the Customer, the Establishment may reserve the option of providing accommodation to the Customer, in whole or in part, at an Establishment in the equivalent category or perform a Service of the same nature, subject to the prior agreement of the Customer. The reasonable expenses relating to the transfer (additional cost of the rooms, transportation and a phone call) between the two Establishment shall be payable by the concerned Establishment in The Mountain Terrace with the existing standard procedure of the said Establishment.

9. CONTACT, CUSTOMER SERVICE AND COMPLAINTS

Customer Service is at your disposal to address any claim relating to a Service on the Site.
You can reach us at the [email protected]
Or you may write to us at:

Email: [email protected]
Customer Service for Reservation

85G9+F63 STREET, Masafi Town Ras al Khaimah, United Arab Emirates.

10. PRIVACY AND PERSONAL DATA PROTECTION

When the Customer uses the Site, in particular when making a reservation, THE MOUNTAIN TERRACE. And THE MOUNTAIN TERRACE group entities process personal data as described in the “Personal Data Protection Charter“.
Thus, the information collected as part of the Customer’s reservation is intended for THE MOUNTAIN TERRACE, its entities, its partners, its service providers (in particular online payment service providers) and the Establishments for the purpose of executing the reservation or taking pre-contractual measures. Once the guarantees provided for by the applicable regulations have been put in place, the Customer’s data may be transferred from Europe to countries that do not ensure, from the European Union’s point of view, an equivalent level of data protection.
In particular, in order to secure payment transactions, THE MOUNTAIN TERRACE group entities process personal data to determine the level of fraud risk associated with each transaction. On this occasion, THE MOUNTAIN TERRACE and the Establishments may use the THE MOUNTAIN TERRACE group risk prevention service provider to refine their analysis. Depending on the results of the investigations carried out, THE MOUNTAIN TERRACE group may take security measures, in particular requesting the Customer to use a different reservation channel or an alternative payment method. These measures will have the effect of suspending the execution of the reservation or, if the result of the analysis does not guarantee the safety of the order, of cancelling it. Fraudulent use of a means of payment leading to payment default may result in the Customer being entered in the THE MOUNTAIN TERRACE group incident file, which may lead THE MOUNTAIN TERRACE group to block future payments or carry out additional checks.
The Customer may at any time exercise his rights under the regulations on the protection of personal data. All the information required for this purpose is set out in the “Personal Data Protection Charter“.

11. MISCELLANEOUS

The input of the required bank information and the acceptance of these General Terms and Conditions and the Special Terms and Conditions by electronic means constitute an electronic contract between the Parties which is proof between the Parties of the reservation of the Service and the payment of the sums due upon the execution of said reservation.
The General Terms and Conditions and the applicable Special Conditions constitute the entirety of the obligations of the Parties. No other condition communicated by the Customer may be incorporated herein.
In the event of a contradiction between the Special Conditions and the General Terms and Conditions, the Special Conditions will be the only ones applicable for the obligation concerned. In case of contradiction between, on the one hand, the general terms and conditions, of whatever nature, of a Partner and these General Terms and Conditions, on the other, the stipulations of these General Terms and Conditions will be the only ones applicable to the obligation at issue.
If one or more stipulations of these General Terms and Conditions are deemed to be invalid or declared as such under a law, regulation or following a decision adjudicated by a competent jurisdiction that has become final, any other stipulations shall remain in force to their full extent.
The authentic language is French. If the General Terms and Conditions are translated into a foreign language, the French language will prevail over any other translation in the event of any dispute, litigation, difficulty of interpretation or in the fulfilment of these conditions and, in a more general manner, regarding the relations between the Parties.
The Customer acknowledges and agrees that THE MOUNTAIN TERRACE may assign these General Terms and Conditions and all of the rights and obligations attached thereto to any third party without the prior written consent of the Customer. The Customer agrees that such assignment releases THE MOUNTAIN TERRACE for future deeds. The Customer may not assign the General Terms and Conditions, nor the rights and obligations attached thereto to third parties without the prior written consent of THE MOUNTAIN TERRACE.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

The General Terms and Conditions are governed by UAE              law, without hindering the mandatory protective provisions that may be applicable in the country of residence of the consumers.
The Mountain Terrace hereby notifies the Customer of the possibility of recourse in the event of a dispute concerning these General Terms and Conditions to a procedure of conventional mediation or any other alternatives.
After having appealed to Customer Service or the Establishment to try to resolve the dispute amicably, and in the event of a negative answer or the absence of an answer within sixty (60) days from the referral.