General Terms and Conditions

Pricing

We apply dynamic pricing; therefore, the price of our rooms, products and services may vary depending on demand and other factors.
Before confirming a reservation or purchase, we will provide you with a total price for the number of rooms and nights requested, as well as the charges for any additional products or services you may have added.
Depending on the room rate selected, payment may be required at the time of booking on the website, or at a later date, for example upon check-in at the hotel.

The prices displayed on the website are valid for 24 hours only. Prices cover only the specific items shown in the box next to the rate.
All prices include VAT. In the event of any change in taxes or duties, you agree to pay any additional taxes or duties that may apply between the time of booking and the time when the services are actually provided or the goods are actually sold.

The prices displayed on the website do not include insurance. Sous le Badamier strongly recommends taking out travel insurance.

The price you pay is the price shown to you at the time you make your reservation or purchase, except that if value added tax or any other government taxes or surcharges are included in the price and change between the date of your reservation or purchase and the date of your stay, we will adjust the rate you pay, unless you have already paid for the reservation, product or service in full before the change takes effect.

Unless otherwise stated, meals and other extras are not included in the room rate. However, you may be able to add them to your reservation during the booking process, or they may be offered to you during your stay.
In addition, the prices shown do not include passport or visa processing fees, travel insurance, airport and port taxes, tips or other similar charges, unless otherwise stated.

You may pay using any of the currencies supported by our website. The applicable exchange rates for supported currencies will be determined at our sole discretion, or by our payment processing provider, as applicable.
We shall not be held responsible for any foreign exchange losses you may incur as a result of any credit card or other transaction made through our website.

Payment

We require guests to provide their bank card details as a guarantee for the reservation, except in the case of special terms or special rates, using a credit or debit card.
The card number, without spaces, its expiry date and the security code must be entered directly in the dedicated field, secured by SSL encryption, as a prepayment through the payment platform selected by us.
Other payment methods, such as PayPal, bank transfers or direct debits, may also be authorised for prepayment through our platform, at our discretion regarding the acceptance of such payments.

If the guest wishes to book several rooms or package components, but prepayment is required for only one of these rooms or components, the payment method used on our platform will be used to prepay the relevant room or component, while the specified payment method will serve as a guarantee for the other rooms and components.

In the event that Sous le Badamier is required to use the services of a lawyer to recover any amount due under these Terms and Conditions, or any other terms governing the legal relationship between you and Sous le Badamier, you agree to pay the lawyer’s fees amounting to 10% (+ VAT) of the said amount, together with all costs and disbursements.

Reservations / Sales and Cancellation Policy

Any reservation and/or sale made through the websites or mobile websites implies that the guest has read and fully accepted, without reservation, these Terms and Conditions, as well as the booking and sales conditions applicable to the indicated rate or package.

You must only make legitimate and bona fide reservations, intended to be used solely by you and/or your guests and/or the persons on whose behalf you are authorised to act, and not for any other purpose, including, but not limited to, resale, unauthorised assignment or publication on third-party websites, speculative bookings, false or fraudulent bookings, or bookings made in anticipation of demand.

Upon receipt of a reservation request, Sous le Badamier will review whether it can be accepted. If the request is accepted by Sous le Badamier, an acceptance email will be sent to you. This acceptance email will contain a reservation number.

The said acceptance email is conditional upon the valid debit of the amount due from your credit card.

If, for any reason, your credit card cannot be debited for the amount due, or if the banking transaction is subsequently cancelled, the reservation shall be cancelled unilaterally and automatically by Sous le Badamier, without Sous le Badamier being required to complete any judicial and/or extrajudicial formalities.
Sous le Badamier will inform you of this cancellation by email.

The acceptance email from Sous le Badamier must be presented by you upon check-in at the hotel. You will also be required to present a valid form of identification at the hotel upon check-in.

We reserve the right to cancel or modify reservations at our sole discretion for any reason, including where it appears that a guest has engaged in fraudulent or inappropriate activity, or in any other circumstances where it appears that the reservations contain or result from an error, even if such error originated from us.

You are solely responsible for the choice of services and for ensuring that they meet your requirements. Accordingly, Sous le Badamier shall not be held liable in this respect.
The reservation is deemed to have been accepted by you at the end of the booking process.

When you make a reservation, the full amount of the reservation is charged to your card at the time of booking.

For reservations relating to business groups, meetings, seminars, etc., including corresponding flights and additional services, please contact us in advance.

• A cancellation fee of 50% will apply to any cancellation made less than 15 days before the scheduled arrival date.
• Des frais d’annulation de 100 % seront appliqués pour toute annulation effectuée moins de 4 jours avant la date d’arrivée prévue ou en cas de non-présentation (no-show).

The cancellation deadline is 6:00 p.m. Mauritius time.

Cancellation requests are not processed immediately upon submission. Sous le Badamier will respond within 48 hours of receiving the cancellation request by email.

Please note that all cancellation terms mentioned above are subject to the specific conditions applicable to special offers.

In the event of a refund, the corresponding amounts will be refunded by Sous le Badamier to the credit card used to make the original reservation.
Any booking fees applied shall not be eligible for refund.

Any request to modify a reservation after confirmation must be sent by email to the hotel’s reservations department for which the reservation was made.

In the event of a no-show or cancellation, Sous le Badamier shall be entitled to charge the card used for the online reservation for the amount of the applicable cancellation fees.

Check-In

Upon check-in, you will be required to complete and sign a registration form. You expressly agree to sign this document, or any amended version of the registration form, upon your arrival at the hotel.

Rooms

Rooms will normally be available from 2:00 p.m. Mauritius time.

All rooms must be fully vacated before noon on the final day of the reservation. Failure to comply with this rule will result in the charge of an additional night.

You agree to strictly comply with the room occupancy description stated on the website, including the maximum number of persons and the adult/child classification permitted to occupy the relevant room at any given time.

The room shall be for your exclusive use.

You agree to use the room in a responsible manner. Any behaviour contrary to the law, accepted standards of morality and/or public order shall entitle Sous le Badamier to request that you vacate the room and leave the hotel premises.
In such case, no compensation or refund shall be made by Sous le Badamier, and Sous le Badamier shall not be liable for any loss or damage. This shall apply automatically and as of right, without Sous le Badamier being required to complete any judicial or extrajudicial formalities.

Sous le Badamier has various rules and policies in addition to these Terms and Conditions. You agree to strictly comply with these Terms and Conditions, as well as with all applicable rules, regulations and policies. Failing this, Sous le Badamier shall be entitled to request that you vacate the room and leave the hotel premises.
In such case, no compensation or refund shall be made by Sous le Badamier, and Sous le Badamier shall not be liable for any loss or damage. This shall apply automatically and as of right, without Sous le Badamier being required to complete any judicial or extrajudicial formalities.

Hotel Stay

You agree to use the room in a responsible manner. Any behaviour contrary to accepted standards of morality and public order shall entitle the hotelier to request that the guest leave the establishment, without any compensation and/or refund.

Our hotel provides free Wi-Fi access, allowing guests to connect to the Internet. You shall ensure that the digital resources made available by the hotel are not used, under any circumstances, for reproduction or public communication purposes, and that works or materials protected by copyright or related rights, including texts, images, photographs, musical and audiovisual works, software and video games, are not made available or communicated to the public without the express authorisation of the rights holders, in accordance with the laws and regulations in force in the country of operation.

Relocation / New Reservation

In the event that the selected hotel is unavailable, or in the event of force majeure, Sous le Badamier reserves the right to relocate the guest, in whole or in part, to a hotel of an equivalent category for the same type of services, with all costs related to the transfer being borne by the originally selected hotel. No additional compensation shall be paid.
In the event that airline seats are unavailable as booked, the airline shall be responsible for rerouting the guest. For any other element of the package, Sous le Badamier will work with the service provider to find a mutually acceptable alternative.

Adverse Weather Conditions

If you are unable to reach the hotel due to a cyclone, adverse weather conditions or transport issues, whether in Mauritius or abroad, you will be required to pay for the unused day(s) of your stay.

If you are unable to leave the hotel due to a cyclone, adverse weather conditions or transport issues, whether in Mauritius or abroad, Sous le Badamier will try to find accommodation for you in other hotels, without Sous le Badamier providing any guarantee in this respect.
In such case, before undertaking the additional stay, you will be required to pay the cost of this additional stay at the rates in force at Sous le Badamier at the time the additional stay takes place.

Miscellaneous Exclusions, Limitation of Liability and Disclaimer of Warranties

Sous le Badamier shall not be liable in the event of non-performance or improper performance of services, or of the sale of goods, due to force majeure, actions of third parties, or your own actions or omissions.

Sous le Badamier’s liability for any belongings lost by you shall be governed by the laws of Mauritius.

Sous le Badamier ne saurait être tenu responsable de la non-exécution ou de l’exécution inadéquate de tout service ou de la vente de tout bien, sauf en cas de faute lourde ou de négligence grave de sa part, et sous réserve des autres termes et conditions du présent site web, y compris les conditions générales. Vous n’aurez en outre pas le droit de réclamer des dommages indirects ou consécutifs.

Sous le Badamier gives no warranty regarding Internet access, nor regarding the availability or unavailability of Internet services.
Sous le Badamier further gives no warranty as to the absence of viruses on the Internet network.

Sous le Badamier does not guarantee that the website will be operational at all times.
You shall not be entitled to make any claim against Sous le Badamier if the website, including the online booking pages and information, is temporarily or permanently unavailable or non-operational.

Although all precautions have been taken, Sous le Badamier cannot guarantee that a third party will not unlawfully access your private data, and advises you to take all necessary precautions.
Sous le Badamier recommends that you do not allow any other person to access your personal codes or passwords.
Sous le Badamier declines all liability in the event of third-party access to your private details, including personal codes or passwords, or credit/debit card details.
You accept the risks inherent in using this website.

To the fullest extent permitted by applicable law, this website and all information contained herein are provided “as is”, without any warranty of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Sous le Badamier gives no warranty or assurance that this website and/or its information will be available, adequate, accurate, uninterrupted, complete, up to date or error-free.
Sous le Badamier is not responsible or liable for any malicious or unauthorised code, and you are solely responsible for ensuring that you have appropriate scanning and protection mechanisms in place for the security of your devices, programs and information.
By using any of these websites and/or their information, you assume all risks of loss that may arise from, or be associated with, such use.

To the fullest extent permitted by applicable law, Sous le Badamier and any third parties connected to us hereby expressly exclude all liability for any direct, indirect or consequential loss or damage suffered by any user in connection with this website, or in connection with the use, inability to use, or results of the use of this website, any websites linked to it, and any materials posted on it.
This includes, without limitation, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; loss of management or working time; and any other loss or damage of any kind, however arising and whether caused by tort, including negligence, breach of contract or otherwise, even if foreseeable.
This provision shall not prevent claims for loss of or damage to your tangible property, or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

Access to this website is permitted on a temporary basis, and Sous le Badamier reserves the right to withdraw or amend the service provided on the website without notice.
Sous le Badamier shall not be liable if, for any reason, the website is unavailable at any time or for any period.

You shall defend us against any demands, claims or actions brought against us, or arising from any breach by you of these Terms and Conditions (“Action”), and you shall indemnify us and hold us harmless against all losses, damages, costs and expenses, including lawyer’s fees, resulting from such Action.
We shall have the right, at our own expense, to assume the exclusive defence of any Action and all negotiations for its settlement, and you agree to cooperate with us in the defence of any such Action, at our request.

Complaints

All complaints made by you in connection with the services or your stay must be submitted in writing to Sous le Badamier within 24 hours of the event giving rise to the complaint. Failure to comply with this deadline shall render the complaint inadmissible.
All complaints must include the following wording in the subject line of the email: “Reservation Complaint + Reservation Number / Last Name”.

Complaints must be submitted either by email, by fax, or delivered by hand.

Independent Service Providers

Certain services and/or activities offered within the hotel or from the hotel may be provided by independent service providers who are not affiliated with Sous le Badamier.

You acknowledge that these services and/or activities, when available, are not provided under the responsibility of Sous le Badamier, but under the responsibility of the relevant independent service providers.

You may be required to sign a registration, consent or waiver form before benefiting from certain of these services or activities.

You also agree not to make any claim against Sous le Badamier, its directors, managers and/or employees in the event of any issue, damage or loss arising during, or in connection with, these services or activities, except in the case of proven fault attributable to Sous le Badamier.

Proof of Records

The provision of the necessary bank details, acceptance of these Terms and Conditions, and the booking form or booking request constitute an electronic signature having the same value as a handwritten signature between the parties.

The electronic records stored in our information systems shall be kept under reasonable security conditions and shall be considered as evidence of communications, orders and payments between the parties.

You are hereby informed that your IP address is recorded at the time of booking.

Force majeure

We shall not be held liable to the guest in the event of non-performance of our obligations resulting from an event of force majeure.

Force majeure shall include any event such as natural disasters, extreme weather conditions, natural hazards, including the approach of hurricanes or other storms, fire, flood, drought, war, war-like disturbances, political unrest, boycotts, riots or civil unrest, terrorist attacks or threats, strikes, epidemics, outbreaks of epidemic or pandemic diseases, government measures, labour disputes, unavoidable technical problems affecting transport, machinery or equipment, power failures, or any other event making it impossible for guests to travel to the destination where the hotel is located.

Before making an online reservation, you declare that you are in possession of a valid passport, with sufficient validity to allow you to complete your stay at the hotel.
It is also your responsibility to obtain all necessary visas required to complete your stay at the hotel.
Sous le Badamier shall not be held liable in the event of failure to obtain a valid passport or valid visa, and the absence of a valid passport or valid visa shall not be considered an event of force majeure.

Indemnification

You shall indemnify and hold harmless Sous le Badamier, and any of its directors, officers, employees, agents or representatives, against any loss or damage suffered by any of them, and against any action, claim, demand or proceedings, including legal fees, of any nature and in any jurisdiction, which may be brought against or incurred by Sous le Badamier, or any of its directors, officers, employees, agents or representatives, and which relates to or arises from anything done or omitted by you, or by any other person accompanying you during your stay in any of our hotels.
This shall not apply where such loss, damage, actions, claims, demands or proceedings result from wilful misconduct or gross negligence on the part of Sous le Badamier, or any of its directors, officers, employees, agents or representatives.

If any of the proceedings referred to above are brought, you shall promptly intervene and take up the defence of Sous le Badamier, or any of its directors, officers, employees, agents or representatives, and assume any related liability that may arise from such proceedings.

Titres et Interprétation

The headings and sections are inserted for convenience only, have no legal effect and shall be disregarded in the interpretation of this agreement.

In this agreement:
a. words in the singular include the plural and vice versa;
b. words indicating one gender include all genders.

All provisions of these Terms and Conditions, as well as all other rules, regulations and policies, shall apply mutatis mutandis to any person accompanying you during your stay in our hotels.

Partial Invalidity and Entire Agreement

If any term or provision of this agreement is or becomes illegal, invalid or unenforceable, in whole or in part, under any law or rule of law, such term or provision shall, to that extent, be deemed not to form part of this agreement, but the validity and enforceability of the remainder of this agreement shall not be affected.

These Terms and Conditions and the Privacy Policy constitute the entire agreement between us concerning the subject matter hereof and may only be amended in the circumstances provided for herein.
You may also be subject to additional terms and conditions that may apply when you purchase goods and services from third-party providers.

Governing Law

Except to the extent that the applicable law in your country of residence requires the application of another law and/or jurisdiction, and provides that such application of another law and/or jurisdiction cannot be waived or modified by contract, these Terms and Conditions shall be governed by and construed in accordance with the laws of Mauritius, without giving effect to conflict of law principles.

UPLOAD

We may amend these Terms and Conditions from time to time. We therefore recommend that you review them regularly, in particular when making a reservation at our hotel.

Any notice or other communication that we provide under these Terms and Conditions, including those relating to amendments, shall be made: (i) by email; or (ii) by publication on the Websites.
For notices sent by email, the date of receipt shall be deemed to be the date on which such notice is transmitted.

Contact Details

If you have any questions regarding these Terms and Conditions, or for any customer assistance, complaint, question or comment, please contact us at: contact@souslebadamier.mu