Article 1 — Purpose
These Terms and Conditions of Sale ("T&Cs") govern the contractual relationship between : ANTOURA HOLDINGS LTD, a private limited company incorporated in England and Wales under company number 16434396, with registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, operating under the commercial brand "Misana" ("Misana" or "the Provider"), and any natural or legal person ("the Client") wishing to benefit from the services offered on misana-group.com. Any request addressed to the Provider entails full acceptance of these T&Cs.
Article 2 — Services
Misana provides private services on the French Riviera. The detail of each service is specified in the quotation.
Article 3 — Quotation and contract formation
Any service is subject to a prior request from the Client. Misana confirms availability and issues a personalised quotation. The contract is formed upon express acceptance of the quotation by the Client. The particular conditions of the quotation prevail over these T&Cs.
Article 4 — Pricing
Prices are stated in the quotation. VAT applicable to the place of performance applies in accordance with regulations in force. Any modification of the service at the Client's request may result in a price adjustment.
Article 5 — Payment terms
Payment terms (deposit, balance, deadlines, methods) are specified in the quotation and accepted by the Client upon confirmation. Late payment penalties apply in accordance with applicable legal provisions, without prejudice to any other remedy of the Provider.
Article 6 — Cancellation by the Client
Cancellation conditions and any refunds are specified in the quotation and accepted by the Client upon confirmation. No refund is due in case of late cancellation by the Client, under the conditions defined in the quotation.
Article 7 — Cancellation by the Provider and force majeure
Misana reserves the right to cancel or modify a service in the event of force majeure, conditions preventing safe execution, or any other circumstance affecting proper performance. In such cases, Misana shall propose a replacement solution or a partial or full refund as defined in the quotation, excluding any further indemnity.
Article 8 — Right of withdrawal
In accordance with Article 16(l) of Directive 2011/83/EU, accommodation, transport, car rental, catering and leisure services provided on a specific date or for a specific period do not qualify for the right of withdrawal applicable to distance contracts.
Article 9 — Client obligations
The Client undertakes to provide accurate information, respect agreed schedules, respect the assets and venues made available, and hold required documentation. Any damage caused by the Client, his/her guests or any person under his/her responsibility shall be invoiced according to the conditions communicated in the quotation. The Client is required to subscribe to any additional insurance he/she may deem useful.
Article 10 — Liability
Misana undertakes to perform its obligations with diligence and according to industry standards. Misana cannot be held liable for : - indirect or non-material damages - delays, cancellations or modifications due to force majeure - non-performance due to the Client or his/her guests Save for gross or wilful misconduct, the maximum indemnity due by Misana in the event of contractual breach is limited to the total amount actually paid by the Client for the relevant service, excluding any other category of damage.
Article 11 — Personal data
Data collected are processed in accordance with the Privacy policy.
Article 12 — Complaints and mediation
Any complaint must be sent by email to contact@misana-group.com within a reasonable period from the end of the service. Consumer Clients residing in the EU may use the ODR platform : https://ec.europa.eu/consumers/odr
Article 13 — Applicable law and jurisdiction
These T&Cs are governed by English law, subject to mandatory consumer protection rules of the consumer Client's country of residence, in accordance with Rome I Regulation. For consumer Clients residing in the EU, in accordance with Article 18 of Brussels I bis Regulation, the Client may refer the matter to the courts of his/her place of residence. For non-consumer Clients, any dispute shall fall within the exclusive jurisdiction of the courts of England and Wales.
Article 14 — Modification of T&Cs
Antoura Holdings Ltd reserves the right to modify these T&Cs at any time. The applicable T&Cs are those in force on the day of acceptance of the quotation.