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 GENERAL TERMS AND CONDITIONS OF SALE AND USE
THERMES MARINS MONTE-CARLO “CARTE JOURNEE” DAY PASSES FOR INDIVIDUALS (March 2025)

 

DEFINITIONS

Capitalised terms, whether used in the singular or plural, have the meanings specified below.

 

Customer: refers to any natural person with legal capacity within the meaning of Articles 978 et seq of the Monegasque Civil Code, or legal entity, purchasing a Carte Journée day pass on the Website or in a Sales Outlet.

Recipient: refers to the person using the Gift Card, on the understanding that the Customer may or may not be the Recipient, subject to compliance with each Establishment’s specific visitor rules, including those regarding the required age. In the present document, the recipient is considered to be a B2C user (private end user).

General Terms and Conditions: refers to these general terms and conditions of sale which lay down the rights and obligations of the Customer and STM applicable to any purchase or use of a Carte Journée day pass.

Establishment: Refers to the Thermes Marins Monte-Carlo establishment operated by STM in the Principality of Monaco selling Carte Journée day passes. The conditions of acceptance are defined in l.3. of these terms and conditions.

Sales Outlets: Refers to the places where Carte Journée day passes are sold, i.e. on the thermes.montecarlosbm.com website and at the Thermes Marins Monte-Carlo reception desk.

The Carte Journée day pass(es): refers to all the media, as defined in I.2.1, sold by STM, online and at Sales Points, enabling the Recipient to benefit from his/her day at the Thermes Marins Monte-Carlo, under the conditions defined herein.

La STM : refers to the Société Anonyme Monégasque des THERMES MARINS MONTE-CARLO, with capital of €2,000,000, whose registered office is located at 2, Avenue de Monte-Carlo, 98000 Monaco, Principality of Monaco, registered with the Monaco Trade and Industry Register under number 94S02972

The Website: the thermes.montecarlosbm.com website on which the Carte Journée day passes are marketed.

Service Provider: refers to NUMEN MARKETING, a French simplified joint-stock company, registered with the Paris Trade and Companies Register under number B 521 370 536, the headquarters of which is located at 24 rue Marc Seguin, 75018.

 

 PREAMBLE

These General Terms and Conditions, which define the terms and conditions for purchasing Carte Journée day passes in Sales Outlets, as well as the terms and conditions of their use, are concluded between STM and the Customer (hereinafter jointly referred to as “the Parties”).

The Parties therefore agree that their relations shall be exclusively governed by these General Terms and Conditions. For this purpose, the Customer accepts them in full and without reservation.

 

  1. COMMON PROVISIONS RELATING TO PURCHASES ONLINE AND IN SALES OUTLETS
  1. GENERAL PROVISIONS

1.1.Availability and enforceability of the General Terms and Conditions

The General Terms and Conditions are available to the Customer and the Recipient of the Carte Journée day pass on the Website where they can be viewed directly and they can also be sent to them on request either by email or by post.

As regards online purchases, the General Terms and Conditions are enforceable against the Customer, who acknowledges that they have read and accepted them by ticking the appropriate box before placing their order.

The Customer will not be able to proceed with their purchase if they do not tick the box mentioned earlier. In any event, the validation of the order by their confirmation signifies the Customer’s adherence to the General Terms and Conditions in force on the day of the order which are retained and reproduced by STM.

As regards purchases in Sales Outlets, the General Terms and Conditions of Sale are enforceable against the Customer when they acquire a Carte Journée day pass, so that the purchase signifies the Client’s adherence to the General Terms and Conditions in force on the day of said purchase which are retained and reproduced by STM.

As regards the Recipient, the use of the Carte Journée day pass implies compliance with the rules of use defined herein.

 

1.2.Amendment of the General Terms and Conditions

STM reserves the right to modify these General Terms and Conditions at any time, in particular to adapt its offers or due to changes in regulations. Any changes will apply immediately to new orders. For Carte Journée day passes already purchased, the version in force at the time of purchase will continue to apply, unless the change is the result of a legal or regulatory obligation, in which case it will apply immediately.

In the event of contradiction between these General Terms and Conditions and any other document including commercial documents, the General Terms and Conditions shall prevail.

 

1.3.Entirety

These General Terms and Conditions constitute the entirety of the clauses thereof. If STM does not invoke any of the clauses herein at a given time, this shall not be interpreted as a waiver of its right to invoke these same clauses at a later date.

 

1.4.Nullity and disputes

The nullity of a clause shall not entail the nullity of the General Terms and Conditions.

 

  1. PRODUCT CHARACTERISTICS: CARTE JOURNEE DAY PASSES FOR INDIVIDUALS

2.1.Types of gift cards on sale

STM offers several Carte Journée day pass packages, which are defined in the table below.

 

Offers

Amount without lunch

Amount with lunch

Terms of use

My Essential Day

- a 45-minute personalised massage

- A “Soin d’Ô” treatment of your choice

- Wellness access

- 2-course lunch menu with water and coffee (optional)

 

 

 

€205

€255

Online purchase: when the Carte Journée day pass is physically received, it is ready for use by the Recipient (it is automatically activated 48 hours after it is sent).

 

Purchase at Points of Sale: as soon as the purchase is made, the Carte Journée day pass is active and ready to be used by the Recipient.

My Essential Nature Day

- a 60-minute personalised massage

- A choice of two “Soin d’Ô” treatments

- Wellness access

- Lunch, 2-course menu with water and coffee (optional)

 

 

 

€295

€350

Online purchase: when the Carte Journée day pass is physically received, it is ready for use by the Recipient (it is automatically activated 48 hours after it is sent).

 

Purchase at Points of Sale: as soon as the purchase is made, the Carte Journée day pass is active and ready to be used by the Recipient.

My Essential Beauty Day

- a 60-minute personalised massage

- A 60-minute facial treatment

- Wellness access

- Lunch, 2-course menu with water and coffee (optional)

 

 

 

€295

€350

Online purchase: when the Carte Journée day pass is physically received, it is ready for use by the Recipient (it is automatically activated 48 hours after it is sent).

 

Purchase at Points of Sale: as soon as the purchase is made, the Carte Journée day pass is active and ready to be used by the Recipient.

My Essential Energy Day

- a 60-minute personalised massage

- A cryotherapy session

- A seaweed or mud wrap

- Wellness access

- Lunch, 2-course menu with water and coffee (optional)

 

 

 

€255

€305

Online purchase: when the Carte Journée day pass is physically received, it is ready for use by the Recipient (it is automatically activated 48 hours after it is sent).

 

Purchase at Points of Sale: as soon as the purchase is made, the Carte Journée day pass is active and ready to be used by the Recipient.

My Essential Harmony Day

- a 60-minute synergy session

- A Mind Mangament sessiont

- Wellness access

- Lunch, 2-course menu with water and coffee (optional)

 

 

 

€255

€305

Online purchase: when the Carte Journée day pass is physically received, it is ready for use by the Recipient (it is automatically activated 48 hours after it is sent).

 

Purchase at Points of Sale: as soon as the purchase is made, the Carte Journée day pass is active and ready to be used by the Recipient.

My Essential Wellness Day

- Wellness access on weekdays

 

 

 

€160

X

Online purchase: when the Carte Journée day pass is physically received, it is ready for use by the Recipient (it is automatically activated 48 hours after it is sent).

 

Purchase at Points of Sale: as soon as the purchase is made, the Carte Journée day pass is active and ready to be used by the Recipient.

 

Carte Journée day passes, with the exception of the "E-Carte” pass, are sold with a gift bag, the visuals of which are presented on the Site or at the Points of Sale. The gift bag is provided by STM to the customer free of charge.

 

2.2.Personalisation of Carte Journée day passes (option available for purchases on the Site only)

STM offers the Customer the option of adding their personal touch at the time of ordering, on the two Carte Journée day pass models concerned by this option,namely the “E-Carte” pass and the "Thermes Marins Monte-Carlo Carte Journée” day pass with:

-          Personalised message: The Customer can add a personal message to accompany the Carte Journée day pass. The personal message will be transcribed in the letter accompanying the Carte Journée day pass ordered by the Customer or in the PDF document accompanying the E-Carte pass.

The Customer declares that they are responsible for the content of the personal message they have written and undertakes to ensure that it is neither discriminatory nor defamatory towards STM, its staff and its activities.

Under no circumstances may STM be held liable for the content of the personal message written by the Customer for any reason.

 

  1.        CARTE JOURNEE DAY PASS TERMS AND CONDITIONS OF USE

3.1.Places where the Carte Journée day passes can be used

Carte Journée day passes purchased online on the Website or at Points of Sale can only be used at Thermes Marins Monte-Carlo.

3.2.Period of use and checking the Carte Journée day pass balance

With regard to purchases on the Site, Carte Journée day passes are valid for a period of 12 (twelve) months from the date of purchase by the Customer or Recipient. The Recipient can find out the Carte Journée day pass’s expiry date and the remaining balance:

-          Either via the Site, using the serial number on the back of the Carte Journée day pass;

-          Or by specifically asking for them in a Sales Outlet;

-          If the Customer is also the Recipient, directly from the Website via their customer account.

 

Carte Journée day passes purchased at Sales Outlets are valid for 12 (twelve) months from the day they are actually purchased. The Recipient can find out the Carte Journée day pass’s expiry date and the remaining balance:

-          Either via the Site, using the serial number on the back of the Carte Journée day pass;

-          Or by specifically asking for them in a Sales Outlet

 

In any case, Carte Journée day passes can only be used once and on the same day at the Thermes Marins Monte-Carlo.

 

3.3.Prohibition on resale and exclusivity of STM sales outlets

With the exception of Carte Journée B2B2C day passes (Carte Journée passes sold or offered to individuals via B2B channels contracted with STM),any offer to purchase Carte Journée day passes from persons or entities other than STM is strictly prohibited. STM shall decline to accept any Carte Journée day passes presented which have come from such third-party persons or entities.

The Customer shall therefore remain liable if they purchase a Carte Journée day pass from a third party since the Customer is informed of the only sales outlets recognised under these General Terms and Conditions, i.e. purchasing from the Website and at the Sales Outlets. STM therefore accepts no liability in case a Carte Journée B2C day pass sold in violation of this prohibition malfunctions for any reason.

 

3.4.Exclusion of the My Monte-Carlo Programme

The My Monte-Carlo Programme, which gives its members certain benefits, does not apply to Carte Journée day passes purchased either online or in the Sales Outlets. Consequently Customers and Recipients who are members of said programme shall not receive any loyalty points. Therefore, until further notice, My Points cannot be used by the Customer or the Recipient to purchase Carte Journée day passes.

 

  1.        PRICE

4.1.Selling price

The price of Carte Journée day passes is decided by STM. The price does not include the delivery and packaging costs mentioned before the order is validated and which will be added on to the price.

 

4.2.Price changes

STM reserves the right to change the prices displayed on the Website at any time, whilst guaranteeing that the Customer pays the price in force on the day of the order.

 

4.3.Additional costs

Additional transport and delivery costs and other payable services, of which the Customer may have become aware before placing the order, are set out on the order form or displayed in the Customer’s shopping basket when the order is validated on the Site.

 

  1.        EXCHANGE, LOSS AND THEFT OF CARTE JOURNEE DAY PASSES

Customers are informed that Carte Journée day passes cannot be exchanged or refunded.

If the twelve-month validity period of the Carte Journée day passes has expired without them having been used, or if they have been lost or destroyed, the Customer shall not be entitled to seek any refund or compensation from STM.

The Carte Journée day passes will not attract any form of compensation, either total or partial (including giving change and crediting bank cards or loyalty cards).

 

  1.        WARRANTIES

6.1.   Warranty of peaceful possession

In accordance with current legislation, and in particular with Articles 1468 et seq of the Monegasque Civil Code, STM is obliged to respect the warranty of peaceful possession breached through its own personal act or omission referred to by said code.

 

6.2.   Warranty against hidden defects

In accordance with current legislation, and in particular with Articles 1483 et seq of the Monegasque Civil Code, STM is obliged to respect the warranty against hidden defects referred to by said code.

STM may not be held liable for visible defects.

 

  1.         LIABILITY

STM may not be held responsible for a failure to fulfil its obligations resulting from a case of force majeure, an act attributable to the Customer or a third party. STM’s liability is strictly limited to reimbursing the price paid by the Customer in the event of a proven malfunction of the Carte Journée day pass attributable exclusively to STM. Under no circumstances can STM be held responsible for the impossibility of using a Carte Journée day pass due to circumstances beyond its control (e.g. exceptional closure of the Thermes Marins Monte-Carlo, government restrictions, strikes, etc.).

STM shall make every effort to provide its Customers with previously verified and effective information and tools. However, it cannot be held responsible for errors or the unavailability of information provided by the Customer.

STM may not be held liable for any variations in designs, photographs or editorial content, provided they have no contractual value.

  1.        TRADEMARKS

The trade name, logos, symbols, trademarks and images on the Carte Journée day passes are the exclusive property of STM and are protected by intellectual property rights.

Any total or partial reproduction or use is strictly prohibited without the prior written agreement of STM.

 

  1.        PERSONAL DATA PROTECTION

Your personal data is processed by Monte-Carlo Société des Bains de Mer, its subcontractors and partners acting on its behalf and in accordance with its prior instructions, for the purposes of the management and performance of services that you have requested or authorised. These data shall be kept for the time required to accomplish such purposes and for a maximum of three years from the end of the commercial relationship.

In accordance with Law No. 1.565 of 3 December 2024, as amended, on the protection of personal information and with current regulations applicable in the Principality of Monaco, the Customer may, at any time, access their data, correct them, ask for them to be deleted, object to processing for legitimate reasons due to their specific situation, or indeed exercise their right to data portability, by sending an email to the Data Protection Officer with proof of their identity to: data-privacy@sbm.mc, or by post to:

 

Monte-Carlo Société des Bains de Mer

Data Protection Officer

Place du Casino

98000 Monaco – Principauté de Monaco

 

If, after contacting the DPO, the Customer feels that his/her rights have not been respected, he/she may submit a complaint to either the Commission Nationale de l’Informatique et des Libertés (CNIL) or the Monegasque Personal Data Protection Authority (APDP).

The data which the Provider needs for the purpose for which they were collected, necessary for compliance with a legal obligation and/or for the establishment, exercise or defence of rights in court, may not, however, be deleted.

  

  1.    DISPUTES - APPLICABLE LAW

These General Terms and Conditions and the relationship between the Parties are subject to Monegasque law and any dispute that cannot be settled amicably shall be brought before the courts of the Principality of Monaco having sole jurisdiction.

 

  1.                   SPECIFIC PROVISIONS FOR ONLINE PURCHASES
  1.        ONLINE ORDERING PROCESS

To place an order, the Customer must first create an account on the Website by filling in the information marked as required. To that end, the Customer certifies that the information provided is true and correct and has sole responsibility for it. STM may not be held liable for any mistake made by the Customer, even when this would affect the order being properly handled, its delivery in particular.

To place an order, the Customer must follow the steps below:

  1. Add the desired product(s) to the shopping cart;
  2. Before clicking on “Confirm Order”, check the details of the order and its total price and, if necessary, go back to the previous pages to correct any mistakes and change the order;
  3. Confirm the shopping cart and confirm that they have read these General Terms and Conditions. Confirmation of the order implies acceptance of the General Terms and Conditions and forms the contract.
  4. Make their online payment;

 

Once these steps have been completed, the Customer will receive an email as soon as possible confirming the order and their payment. This email signifies acceptance of the order by STM. STM recommends that the Customer keeps this email..

 

  1.        CHANGES TO THE ORDER

Any order changes by the Customer after confirmation of their order are subject to STM’s agreement.

 

  1.        VALIDATION OF THE ORDER

STM reserves the right to verify and/or decline any order for legitimate reasons and more specifically if the quantities of ordered products are unusually high or if there is a previous or current dispute between the Customer and STM.

After their order has been validated, the Customer can access the status of their order(s) at any time, via their account, and download the relevant invoice(s).

 

  1.        ONLINE SALES CONTRACT

4.1.Training

The sales contract is formed when the Customer sends confirmation of their order.

 

4.2.Archiving and proof

STM’s computerised records and those of its service providers, stored under conditions of reasonable security, shall constitute proof of all the contracts and transactions between the Parties.

Communications, order forms and invoices are archived by our Service Provider on reliable media for 10 (ten) years from delivery of the order. In accordance with statutory provisions, the Customer may access the aforementioned documents on the Website under “My Customer Area”.

 

  1.        PAYMENT

5.1.Online payment methods

Only Bank Card payments are accepted (Carte Bleue, Visa, Mastercard or Amex).

The Customer warrants that they are fully entitled to use the payment card to pay for their order and that their payment methods give access to sufficient funds to cover their order amounts.

The Customer is responsible for saving and printing their payment certificate if they wish to retain their bank and transaction details.

 

5.2.Payment security

STM guarantees the security of bank card payments and certifies that the credit card details are encrypted using the SSL (Secure Socket Layer) protocol encrypting system.

For the payment, the Customer will be redirected to the OGONE website, the service provider ensuring payment security for the transaction. After verification and approval from their bank, the transaction is recorded and the Customer automatically returns to the STM website to safely continue their shopping if they wish.

 

5.3.Retention of title clause

STM retains ownership of the delivered Carte Journée day passes until the price and ancillary costs have been paid in full. If no payment is made, STM reserves the right to claim the Carte Journée day passes with no prior notice being required.

 

  1.        DELIVERY

6.1.Delivery period

Under normal conditions, the Carte Journée day passes are delivered between 4 and 8 working days from when the order confirmation email is sent to the Customer.

In any event, STM may not be held responsible for any delays attributable to the Customer, an unpredictable and insurmountable situation caused by a third party to the contract or a case of force majeure as defined by case law.

 

6.2.Terms of delivery

  •          “E-Carte” pass

When an “E-Carte” pass is ordered, there is no physical delivery of a Carte Journée day pass. An email is sent instead.

The Customer should therefore provide the email address they would like to use for receiving the order confirmation email and, if it is different, the email address they would like to use for receiving the “E-Carte” pass accompanied by its terms of use.

If no such email appears in their inbox, the Customer is advised to look in the “Junk Mail” or “Spam” folder.

If there is a problem with the email containing the “E-Carte” pass (not received, does not work, only partially works), the Customer can contact STM Customer Service to report this via a contact form available on the Website or by contacting the same service by telephone on +377 98 06 63 00 (Monday to Sunday, 9 am to 7 pm).

 

  •          Physical delivery for the other types of Carte Journée day passes:

The Customer carefully fills in their choice of address (home, workplace, etc.). The billing address and the delivery address can be different. Please note that STM may not be held liable if the order is not received due to a mistake made by the Customer when entering the address.

Delivery is made by La Poste or any other carrier.

If the package is lost, the Customer must contact STM Customer Service immediately so that the Carte Journée day pass can be cancelled.

Ownership of the ordered product is transferred to the Customer from the delivery date shown on the order form.

 

6.3.Delivery costs

Delivery costs for Carte Journée day passes are added on to the price the Customer must pay at the time of ordering.

 

  1.        RIGHT OF WITHDRAWAL

In accordance with Law No.1.383 of 02/08/2011 for a digital Principality, once the contract has been concluded, the Customer has the right to withdraw, without having to give any reasons or pay any penalties, within a maximum period of 7 (seven) clear days, from the day when the Customer, or a third party appointed by the Customer, has taken physical possession of the ordered product. For “E-Carte” passes, the 7-day period shall begin from the actual receipt of the email containing the E-Carte pass.

To exercise their right of withdrawal, the Customer must notify STM of their name, address and, where they exist, their telephone number and email address, using the following address:

MONTE-CARLO SOCIETE DES BAINS DE MER

Marketing Department

Place du Casino

98000 Monaco – Principauté de Monaco

or via the contact form available on the Site, under the heading "Contact us".

This notification must be accompanied by the Customer’s decision to withdraw, through a clearly worded statement (letter sent by post, email, etc.).

For any withdrawal request sent electronically, the Customer shall receive an acknowledgement of receipt of their request on a durable medium as soon as possible.

The Customer must return their order in its original packaging no later than 14 (fourteen) days after having communicated their decision to withdraw to STM. This deadline shall be deemed to have been observed if the Customer returns their order before the 14 (fourteen) day period expires, as evidenced by the postmark. In any event, the burden of proof lies with the Customer.

STM undertakes to provide the Customer with a refund of all of the sums the Customer has paid, including delivery costs, when these have been paid by the Customer (Cf. II. 6.3), within a maximum of 30 (thirty) days from receipt of the returned Carte Journée day pass, provided it has not been used. In accordance with current legislation, Customers intending to exercise their right of withdrawal shall only have to pay the direct cost of returning the Carte Journée day passes.

STM shall fulfil the refund by crediting the bank account used during the initial transaction. Another method may be used with the Customer’s express agreement. In any event, this refund shall not incur any costs for the Customer.

The right of withdrawal does not apply to customised Carte Journée day passes.

 


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