The Services are only available to individuals who can form legally binding contracts under applicable law (the “Customer”). By using the Services, the Customer represents that they are of sufficient legal age to use the Services and to create binding legal obligations for any liability they may incur as a result of the use of the Service. The Customer also warrants that they are legally authorized to make the reservations for either themselves or for another person for whom they are authorized to act.
These terms of sale (the “Terms of Sale”) apply to any reservation made by a Customer on the Site in one of the following Orbi hotels:
- Orbi Almaty Hotel in Kazakhstan,
- Orbi Kadhisha Shymkent in Kazakhstan,
- Orbi Bab Al Bahr in the United Arab Emirates,
(each a “Hotel” and together the “Hotels”).
Reservations in any other hotel of the Orbi group will be processed by Accor S.A (“Accor”) as the parent company of Orbi, and Customers will be redirected to Accor’s website to proceed with the reservation, in accordance with Accor’s terms and conditions.
The Terms of Sale govern the contractual relationship between the Customer and the Hotel where the Customer has made a reservation. The Terms of Sale are made available to the Customer on the Site where they can be accessed at any time. The Customer may store and/or print the Terms of Sale using the standard settings of their browser and/or computer.
The Terms of Sale prevail over any other document regarding their subject matter. The parties expressly declare that the Terms of Sale express their entire agreement with respect to their subject matter. No general or specific conditions communicated by the Customer may be included into the Terms of Sale or added to them.
The Customer hereby declares that they are of legal age, with full legal capacity to enter into this agreement and that they are acting for their own needs, to the exclusion of any activity of intermediation, resale, distribution or similar of all or part of the Services.
Orbi reserves the right to change the Terms of Sale at any time. The applicable Terms of Sale are those in force on the date of the reservation. The Customer is invited to read them carefully every time they visit the Site and before each reservation as they may have changed.
2. Description of the services
The Site allows Customers to make a reservation in one of the Hotels. The main features and characteristics of the Hotels and/or the accommodations offered are provided on the Site, before and/or during the reservation process. To obtain additional information on the Hotels and/or accommodations offered, the Customer can contact the Hotel via the information contact provided on the Site.
The photographs on the Site are for information purposes only. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotels and/or Services give an accurate overview of the Services offered, variations may occur, in particular due to changes in furniture or possible renovations. In case of doubt, or to obtain additional information on the Services, please contact the Hotel directly via the information contact provided on the Site. In any event, Orbi and/or the Hotel cannot be held liable for any non-substantial errors that may occur in this respect.
In any event, the following information is provided to Customers on the Site:
- the essential characteristics of the Services and Hotels: main features of the accommodation and Hotel facilities,
- he applicable prices,
- the terms of payment,
- the Terms of Sale and Terms and Conditions.
The Customer is solely liable for their choice of Services and their suitability for their needs. The Hotel and/or Orbi cannot be held liable in this respect. It is expressly agreed that all reservations are nominative and may under no circumstances be transferred, in whole or in part, to a third party.
3. Reservation process
Any reservation implies the prior consultation and acceptance of these Terms of Sale and of the Terms and Conditions by means of a checkbox containing a hypertext link to these Terms of Sale and to the Terms and Conditions.
Orbi cannot be held responsible for erroneous or incomplete information transmitted by the Customer during the reservation process.
The reservation process is as follows:
- The Customer selects the Hotel where they wish to stay,
- The Customer selects their arrival and departure dates, and indicates the number of adults and/or children concerned by the reservation and then clicks on “book”,
- The Customer selects the type of room and then click on “book”,
- The Customer is provided with a summary of his reservation and has the possibility to make any modifications necessary to their reservation,
- The Customer fills in the “Guest Information” form with their identity and contact details (information marked with an asterisk is mandatory),
- The Customer choses his guarantee method between the following credit cards: Visa, MasterCard, American Express, JCB, Discover or Diners Club ,
- The Customer clicks on the “I have read and agree to the “Terms of Sale” and “Terms and Conditions”, which are available via a link,
- The Customer then clicks on “book now”.
Please note that no payment is made on the Site. Credit card information is only required in order to guarantee the reservation.
Once the Customer has finalized the reservation process on the Site as described above, the Customer will receive a confirmation email which will detail the Customer’s reservation information. If the Terms and Conditions applicable to the reservation require a prepayment of the reservation, the Customer will also receive a payment link to their email address, in order for the Customer to prepay their reservation in accordance with Article 7.2.1 below. In this regard, prepaid reservations are only considered as confirmed once the corresponding prepayment has been made by the Customer.
Orbi reserves the right to refuse or cancel a reservation in the event of legitimate reasons such as request(s) in abnormal quantities, dispute with a Customer on previous reservation etc.
4. No withdrawal right
In accordance with Article L. 221-28 12° of the French Consumer Code, the Customer cannot withdraw from its reservation once it is placed in accordance with the reservation process described above in Article 3.
5. Cancellation / Modification
In accordance with the Terms and Conditions, the Hotel will be entitled to charge a cancellation fee and, where applicable, all or part of the price payable by the Customer for their reservation, which will be deducted from the amounts paid in advance, where applicable, or from the amount withheld as a guarantee (if the reservation has not been paid in advance).
Any reservation or payment that is irregular, ineffective, incomplete or fraudulent will result in the cancellation of the reservation, without prejudice to any other right and/or remedy of the Hotel and/or Orbi.
All personal data collected on the websitewww.orbihotels.com (the “Site”) are processed by Orbi Hospitality B.V. (hereinafter "Orbi" or "we"), acting as the data controller, in accordance with legal requirements and, in particular, the "Data Protection Act" of 6 January 1978 as amended and the European Regulation n°2016/679/EU of 27 April 2016.
In particular, we provide you with information about the personal data we collect from you, how we use, disclose and protect it and, finally, how you can exercise your rights over this data.
6. No show
In accordance with the Terms and Conditions, in the event of a no-show (when the reservation has not been canceled and the Customer fails to arrive for their stay):
- if the Customer has made a prepayment in accordance with Article 7.2.1 below, then such prepayment will be kept by the Hotel,
- if the reservation has only been guaranteed by credit card, the Hotel will debit a compensatory flat rate, equivalent to the amount of the Customer’s full reservation, from the Customer's credit card.
The Customer’s reservation will also be canceled without charge unless indicated otherwise in accordance with the Terms and Conditions.
7. Prices and payment
The applicable prices are indicated before and during reservation process. Prices are indicated per room for the number of person(s) and dates selected. The prices indicated on the Site are expressed in the currency selected by the Client and include all applicable taxes (including VAT) at the rate applicable on the day the reservation is made. If payment to the Hotel is made in a currency other than the currency selected by the Customer, exchanges fees will be borne by the Customer.
Unless stated otherwise on the Site during the reservation process or in the Rate Policy, additional services (breakfast, half-board, full board etc.) are not included in the price.
Hotels may modify their prices at any time on the Site. Reservations are invoiced based on the price in force at the time of reservation confirmation by the Customer.
Depending on the Terms and Conditions applicable to the Customer’s reservation, payment terms may vary. In any event, the Customer will always be required to provide their credit card information when making a reservation online in order to guarantee their reservation. In addition, some rates will require a prepayment (article 7.2.1) while some rates will be paid in full during the Customer’s stay directly at the Hotel (article 7.2.2).
If a Customer reserves several rooms, but prepayment is required for only one or some of these rooms, the credit card used to prepay those rooms will serve as a guarantee for the other rooms.
If the rate is subject to prepayment, as provided in the Terms and Conditions, then the Customer will receive a payment link to their email address with instructions to proceed to the prepayment. Should the Customer fail to make such prepayment within forty-eight (48) hours of receipt of the payment link, then the reservation will be cancelled and the Customer will receive an email informing them of such cancellation.
Accepted methods of payment are credit card (Visa, Mastercard, American Express, Diners Club).
Once the Customer has finalized their prepayment, they will receive a confirmation of payment on their email address.
If the rate is not subject to prepayment, then payment of the reservation is made directly at the Hotel during the Customer’s stay. In this case, the Hotel may ask the Customer on arrival for a deposit or an authorization to debit their credit card, in order to guarantee payment of the amounts corresponding to the services provided by the Hotel.
9. Force majeure
In case of a force majeure event, as defined by Article 1218 of the Civil Code and French case law, preventing one of the parties to perform its contractual obligations, the respective obligations of the parties will be suspended and no party will incur liability as a result.
The party affected by a force majeure event shall notify the other party of the force majeure event as soon as possible after its occurrence.
If the force majeure event continues for more than thirty (30) consecutive days, and/or if, as soon as it occurs, it definitely prevents the affected party from performing its obligations, then either party shall be entitled to terminate the agreement, by written notice to the other party by registered letter with acknowledgement of receipt. Termination shall take effect upon receipt of said registered letter without either party incurring any liability as a result.
10. Dispute resolution
These Terms of Sale are governed by and interpreted in accordance with French law.
In the event of a complaint or dispute relating to these Terms of Sale and/or a reservation, the Customer may contact Orbi’ Customer Service (by e-mail to call@Orbi.com or by mail to Orbi Hospitality B.V., Nieuwezijds Voorburgwal 104 – 108, 1012 SG Amsterdam, Netherlands or on working days by telephone to +90 850 755 1 797 (Monday to Sunday from 08:00 to 00:00 (Istanbul time), in order to report his/her claim or dispute and to try to find an amicable solution with Orbi.
In the event of a complaint that is not resolved amicably by Orbi’ Customer Service, the Customer may refer the matter to the following consumer mediator: FEVAD (Fédération du e-commerce et de la vente à distance), 60 rue la Boétie, 75008 Paris, France, http://www.mediateurfevad.fr or refer to the European Commission's online dispute resolution platform accessible at the following address: http://ec.europa.eu/odr.
In the absence of an amicable agreement (including via the mediation process provided for above), or if the Customer wishes to bring their claim or dispute directly before the courts without attempting a mediation procedure, any complaint or dispute relating to these Terms of Sale and/or a reservation shall be subject to the exclusive jurisdiction of the competent courts of Paris, without prejudice to the right of the Customer-consumer to bring the dispute before the courts of his place of residence or, at his option, before any other court territorially competent under the French Civil Procedure Code, in accordance with article R. 631-3 of the French Consumer Code.
The Parties expressly declare that the Terms of Sale express their entire agreement with respect to their subject matter and that they supersede any previous agreements between them in relation to that subject matter. If any of the provisions of the GTCs are invalid, the relevant provision will not be applied but the other provisions will remain in force.
The fact that one of the Parties fails to invoke a failure by the other Party to fulfill any one of its obligations may not be interpreted as a waiver of the obligation in question or as an addendum to the Terms of Sale, which may prevent the non-defaulting Party from invoking it in the future.
Should one or more stipulations of the Terms of Sale be ruled, pronounced or declared invalid on the basis of a particular law, regulation or ruling by a competent court, the Parties will meet to agree on one or more stipulations to replace the invalid stipulation or stipulations and to enable the aim of the original clause or clauses to be achieved as far as possible. All other stipulations of the Agreement will retain their force and scope.