General Booking Terms and Conditions

These general booking terms and conditions (the “Booking Terms”) constitute a contract between the Client, as defined below, and Silver Resorts, a simplified single-shareholder joint-stock company (société par actions simplifiée unipersonnelle) with a share capital of 15,000 EUR, whose registered office is located at 30/32 boulevard de Sébastopol, Paris, 75004, a company in the process of formation, represented by Mr Farès Bouslama in his capacity as Chairman (“SILVER RESORTS”).

The Client and SILVER RESORTS are referred to individually as a “Party” and together as the “Parties”.

Preamble - General Booking Terms and Conditions

The website www.silver-resorts.com (the “Site”) is intended for the presentation and booking of upmarket residences, located in France and abroad (Morocco, Tunisia, etc.) offered to international retirees (respectively, the “Residences” and the “Clients” and/or “You”).

These Residences are made available and administered by third-party entities (the “Operator(s)”). These Residences offer support and/or accommodation services, medicalised or otherwise, intended for Clients within the framework of stay contracts concluded directly between the Operators and the Clients.

SILVER RESORTS acts as an intermediary between the Operators and the Clients for the presentation and booking of the Residences on the Site.

Legal notice

The Site is published by:

The company SILVER RESORTS

A simplified single-shareholder joint-stock company with a share capital of 15,000 EUR

Registered office located at 30/32 boulevard de Sébastopol, Paris, 75004

Registration number: 979 724 457

VAT identification number: FR51 979 724 457

Represented by Mr Farès Bouslama, in his capacity as Chairman

The publication director is Mr Farès Bouslama.

SILVER RESORTS can be contacted using the following details:

• by telephone: +33 9 70 70 30 20

• by post: 30/32 boulevard de Sébastopol, Paris, 75004

• by email: [email protected]

The Site is hosted by LWS (www.lws.fr - Ligne Web Services) located at 10, Rue de Penthièvre, 75008 Paris, France, reachable on the following telephone number +33 1 77 62 30 03.

Article 1: Purpose and scope of the General Booking Terms and Conditions

The Booking Terms set out the rights and obligations of SILVER RESORTS and of the Client within the framework of the Services offered by SILVER RESORTS, namely (i) putting the Client and the Operators in contact and (ii) managing the Booking (as defined below). For your complete information, the relationship between SILVER RESORTS and the Operators is governed by an ad hoc contract. SILVER RESORTS (i) is remunerated for putting the parties in contact and (ii) has no capital ties to the Operators.

The “Booking” means the booking of a Residence by a Client on the Site.

As an intermediary and agent of the Operators, SILVER RESORTS is neither the owner nor the administrator of the Residences. The Residences are made available by the Operators acting in a professional capacity. Consequently, the Client acknowledges and accepts that the Booking is subject to the documentation issued by the Operator and implies the Client’s acceptance of the Operator’s general terms and conditions of sale.

Article 2: Acceptance and modification of the General Booking Terms and Conditions

2.1. Acceptance of the General Booking Terms and Conditions

By browsing the Site and accessing the Services, the Client agrees to be bound by the Booking Terms and by the Personal Data Protection Charter.

Having read them, the Client is invited to accept or refuse the Booking Terms. The Client must accept the Booking Terms in order to benefit from the Services. If the Booking Terms are not accepted, the Client must waive the Services.

The Booking Terms and the Personal Data Protection Charter are made available to the Client on the Site, in downloadable format, accessible at the following links:

• General Booking Terms and Conditions: https://www.silver-resorts.com/c-g-r/
• Personal Data Protection Charter: https://www.silver-resorts.com/charte-dinformation/

2.2 Modification of the General Booking Terms and Conditions

SILVER RESORTS reserves the right to revise, at any time and without notice, all or part of the Booking Terms. The modified Booking Terms will come into force once published on the Site.

They will apply to any Booking made after they come into force. A Booking made before the new Booking Terms come into force remains subject to the version in force on the day of the Booking, as accepted by the Client when confirming the Booking (see below).

We therefore invite you to consult this page regularly in order to be informed of any changes.

If the Client refuses the modification of the Booking Terms, the Client must (i) cease all use of the Site, (ii) waive the Booking and (iii) close their Account, without being able to claim any compensation.

Article 3: Creation and management of the Account

3.1. Creation of the Account

An “Account” means the individual and personal account of each Client, created on the Site at the time of Booking.

The creation of an Account by the Client is necessary in order to proceed with the Booking. When creating the Account, the Client must provide their email address and a password, it being understood that other information is processed during the Booking (surname, first name, age, telephone number, etc. (together, the “Data”)). For more information on the processing of this personal data, we invite you to consult the Personal Data Protection Charter. SILVER RESORTS then automatically sends a login identifier to the Client. The Client can log in to the Account by entering their identifier or email address and their password.

The information provided on the Account (i) is strictly personal and confidential and (ii) must be accurate, valid, complete and up to date.

The password set by the Client is strictly personal and, like the Account, cannot be transferred to a third party. The password must meet sufficient security guarantees (e.g. a minimum of 12 characters, including uppercase and lowercase letters, numbers and special characters).

The Client can change the email/password at any time via their Account. If the password is lost or forgotten, the Client can regain access to their Account by entering the email address selected when the Account was created, to which a link to generate a new password will be sent by SILVER RESORTS.

3.2. Management of the Account

The Client is the keeper of their identifier and password and must therefore take all necessary precautions to ensure their confidentiality and security, in particular all measures (i) preventing access to the Account by a third party and (ii) informing SILVER RESORTS in the event of theft or breach of the confidentiality/security of the Account (loss or forgetting of the password).

The Client is solely responsible for the activity on the Account and for the consequences that could result from fraudulent use of their identifier and/or password.

3.3 Deletion of the Account

3.3.1. At the Client’s initiative

The Client may request, at any time, the closure of their Account directly from the Site, provided that the Booking has been fully performed. Where applicable, the closure will take place no later than two (2) weeks from the request.

3.3.2. At SILVER RESORTS’ initiative

SILVER RESORTS may block access to an Account or delete an Account, in particular in the following circumstances:

• Breach of the Booking Terms, after a written request to the Client to remedy this breach within a reasonable time,
• Any legislative, regulatory, disciplinary and/or judicial reason.
• In the event of a breach in the security of SILVER RESORTS’ or the Client’s IT system.

In the event of deletion of the Account, the effective closure of the Account will take place within two (2) weeks after the occurrence of the event that led to the closure.

3.3.3. Deletion of the Data

Upon closure of the Account, for whatever reason, the Client accepts that the Data will be immediately deleted by SILVER RESORTS, subject to its archiving obligations.

If the Client so wishes, it is for the Client to request, by email, no later than one (1) week before the effective closure of their Account, the return of the Data, in whole or in part, and to specify the return format to SILVER RESORTS.

Article 4: Booking arrangements

4.1. Presentation of the Residences

While browsing the Site, the Client accesses information relating to (i) the characteristics of the Residences, (ii) the price attached to their booking (inclusive of tax) as well as (iii) the identity of the Operator, it being understood that this information is provided by the Operators via the space made available by SILVER RESORTS on the Site, SILVER RESORTS acting as a platform operator and intermediary between the Operators and the Clients.

Consequently, the Client understands and acknowledges that the descriptions, photographs and information illustrating the Residences are the sole responsibility of the Operators.

It is not necessary to create an Account to access this information.

4.2. Booking steps

During the Booking, the Client is invited to select a Residence. Where applicable, the Client (i) again accesses the photographs and descriptions referred to in article 4.1 and (ii) is invited to provide certain information, including personal data, necessary for the processing of the Booking by SILVER RESORTS (identity, billing address, data required for payment, etc.).

Booking the Residences requires the Client to first accept the terms on which the Residences are made available by the Operators (the “Operators’ Service Terms”). The Operators’ Service Terms are made available by the Operators from the Site and govern the conditions under which the Operators run the Residences, in particular their characteristics, the duration of availability, the termination arrangements and the Operators’ liability.

The Client is invited to confirm the Booking after checking its terms and, where applicable, correcting any error in the Booking.

By confirming the Booking, the Client (i) acknowledges having accepted the Operators’ Service Terms and (ii) is invited to accept the Booking Terms via a “Tick the box” system.

Once the Booking is validated, SILVER RESORTS acknowledges receipt as soon as possible by email to the email address provided by the Client on the Account.

If the Residence becomes unavailable and SILVER RESORTS is informed of this by the Operator after the Booking, SILVER RESORTS will inform the Client by email as soon as possible.

4.3. Cancellation of a Booking

In accordance with article L.221-18 of the French Consumer Code, the Client benefits from a right of withdrawal from the Booking for a period of fourteen (14) days, starting the day after the date of the Booking.

The Client may withdraw, in particular, by sending the withdrawal form, available in the annex, by email to [email protected].

A Client wishing to make a Booking whose performance would begin before the expiry of the fourteen (14) day period acknowledges and expressly consents to being unable to exercise their right of withdrawal from the Booking.

Article 5: Payment terms

Validation of the Booking entails the obligation to pay for the availability of the Residence for the Client, for the duration validated by the Client. This price is stated inclusive of all taxes.

The Client acknowledges and accepts that the first (1st) payment includes the payment of a deposit, in addition to the price of the Residence, which will be returned, where applicable, at the end of the Client’s rental of the Residence. The conditions for returning this deposit are determined by the Operator.

In the event of a change in the applicable taxes, SILVER RESORTS will indicate this change directly on the Site; where applicable, this will not affect the price indicated for a Booking made before this change.

SILVER RESORTS receives payment for the Booking as agent of the Operators.

The means of payment accepted by SILVER RESORTS is SEPA direct debit.

Payment can only be made after acceptance of the Booking Terms, under the conditions specified above.

SILVER RESORTS subcontracts payment management to a third-party service that complies with the guarantees necessary for the security and confidentiality of the payment.

Article 6: Intellectual property

All the elements making up the Site, whether figurative or non-figurative (in particular the domain names, the general structure, the tree structure, the texts, the trademarks, the domain names, the graphics, the visual identity, the software developments, the iconography, the logos, the sound, the photographs, the animations, the databases) are the full and exclusive property of SILVER RESORTS or of the relevant rights holders, for example the Operators.

These elements are protected by intellectual property law and, where applicable, by the provisions relating to image rights.

Subject to legal exceptions, any use, in particular and without limitation the reproduction or representation, in whole or in part, of any element of the Site, on any medium and by any means whatsoever, is prohibited and would constitute an infringement punishable under articles L.335-2 et seq. of the French Intellectual Property Code, a civil fault and/or an infringement of image rights and the rights of individuals, which may engage the civil and criminal liability of the infringer. SILVER RESORTS reserves the right to bring civil and criminal legal proceedings, in France and abroad, in particular for infringement or unfair competition, against any person who, directly or indirectly, has infringed its rights.

Any hyperlink pointing to the Site is prohibited, except with the prior and express consent of SILVER RESORTS.

The Client benefits only from a right of access to the Site and no other right may be granted to the Client without the prior written authorisation of SILVER RESORTS.

Article 7: Use of the Site

SILVER RESORTS makes the Site available to the Client to enable them to obtain information about the Services and the Operators and to consult and book the Residences. The Site is made available “as is”, without any guarantee as to its accessibility and with no right other than to consult it. It is recalled that (i) fraudulently accessing or remaining within a computer system, (ii) hindering or distorting the operation of such a system or (iii) fraudulently introducing or modifying data in a computer system constitute offences punishable by criminal sanctions.

The content and information made available on the Site are presented for information purposes only. Under no circumstances do these elements replace professional advice, in particular in tax and medical matters.

SILVER RESORTS reserves the right to interrupt or suspend access to the Site and/or all or part of its features for operational reasons, for scheduled maintenance, in an emergency or in a case of force majeure.

Article 8: Liability

SILVER RESORTS and the Client are liable (i) in the event of breaches, faults, errors or omissions in respect of their contractual obligations and/or those of their employees and principals and (ii) causing immediate, direct, certain and foreseeable damage to the other Party.

The Client acknowledges that they (i) are solely able to assess the suitability of the Residences to their personal situation and (ii) are responsible for all decisions arising from the information accessible on the Site.

In addition, SILVER RESORTS, in its capacity as platform operator, cannot be held liable for:

• any loss (theft, personal injury or material damage, etc.) that the Client may suffer during their presence within the Residences, liability for which lies with the Operators under the contractual relationship binding them to the Client.
• any loss resulting from a decision taken by a Client on the basis of the information accessible on the Site. This information is provided for information purposes only and does not constitute instructions, medical advice, a diagnosis, or medical treatment and care.
• any discrepancy between the Residences and the descriptions/photographs/information available on the Site (texts, photographs, etc.). Indeed, these elements are transmitted directly by the Operators on the space made available by SILVER RESORTS on the Site and are therefore the sole responsibility of the Operators.
• indirect damage and loss of profit, loss of data or any other intangible losses, in particular those inherent in the use of the internet network, such as the presence of computer viruses, and cannot be held liable for any malfunction, breakdown, delay or interruption in access to the Site.

In any event, SILVER RESORTS’ liability in respect of the Services is strictly limited to the amount of its professional civil liability insurance.

Article 9: Miscellaneous

Force majeure. The obligations of the prevented Party will be suspended in the event of force majeure, as defined by article 1218 of the French Civil Code and settled case law, including in particular an act or omission of the government or competent higher authorities, blocking or failure of the internet or telecommunications networks, insurrections, civil war, war, military operations, a national or local state of emergency, fire, lightning, explosion, internal and external strike, flood, storm, or the act of a third party.

Personal data. Within the framework of making the Site available and of the Booking, SILVER RESORTS carries out processing of personal data in its capacity as data controller. This processing is carried out in accordance with applicable regulations, in particular EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). For more information on this processing of personal data, we invite you to consult the Personal Data Protection Charter.

Invalidity of a provision. If any of the provisions of the Booking Terms is declared void or unenforceable pursuant to a law, a regulation or a final court decision issued by a competent court, it will be modified in order to obtain its validity or will be deemed unwritten, but this will not entail the nullity or lapsing of the other provisions of the Booking Terms, which will remain fully in force.

Non-waiver. The fact that one of the parties does not rely on its rights relating to any of the provisions of the Booking Terms does not in any way affect the right to rely on them later, at any time, and does not constitute a waiver of the provision itself.

Applicable law. The Booking Terms are governed by French law.

For any complaint, you may contact SILVER RESORTS using the details indicated in the Legal notice section.

As a consumer, the Client may use the consumer dispute mediation service for disputes relating to the Booking. Any approach must first be made in writing to the contact details of SILVER RESORTS.

If this approach is unsuccessful, the Client may freely refer the matter to the consumer mediator to which SILVER RESORTS is affiliated.

The Client may also contact the online dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

Failing an amicable resolution, any dispute relating in particular to the conclusion, performance, termination or interpretation of the Booking Terms is submitted to the competent courts.

Last updated on 09/09/2023.