Article 1 · Seller Identification
The sitandway.com website (hereinafter “the Site”) is published and operated by:
SIT&WAY, a single-member simplified joint-stock company (SASU) with a capital of [AMOUNT] euros, headquarters: [FULL ADDRESS], registered with the Trade and Companies Register of [CITY] under number [RCS], SIRET: [SIRET] · Intra-Community VAT No.: [VAT No.], registered in the registry of travel and vacation operators maintained by Atout France under number [IM0XXXXXXXX], financial guarantor: [NAME AND ADDRESS OF THE GUARANTOR], professional liability insurance: [INSURER], policy No. [NUMBER], contact: contact@sitandway.com.
Hereinafter referred to as “Sit&Way” or “we.”
Article 2 · Purpose and Scope
2.1. These General Terms and Conditions of Sale (hereinafter “GTC”) govern the booking—via the Website, through a quote, or through our teams—of hotel stays, transfers, and any other travel services offered by Sit&Way (hereinafter “the Reservation”) between Sit&Way and any individual or legal entity making a Reservation (hereinafter “the Customer”).
2.2. The booked services are provided by third-party service providers (hotels, transportation companies) through professional suppliers with whom Sit&Way has entered into contracts (hereinafter “the Service Providers”). Sit&Way acts as a registered travel agent.
2.3. The terms and conditions for accessing and using the Sit&Way subscription (Basic, Access, and Privilège plans, cashback, and referral program) are governed by separate subscription terms and conditions. In the event of any conflict regarding a Reservation, these Terms and Conditions shall prevail.
2.4. Any Reservation implies full, complete, and unconditional acceptance of these Terms and Conditions, as indicated by a mandatory checkbox that must be selected prior to any payment. Sit&Way records the date, time, and version of the accepted Terms and Conditions. The applicable Terms and Conditions are those in effect on the date of the Reservation.
2.5. The Customer represents that he or she is of legal age and has the legal capacity to enter into a contract, or is acting with the authorization of a person who has such capacity. The Customer is responsible for the accuracy of all information provided, both for himself or herself and for each traveler included in the Reservation.
Article 3 · Package Tours and Individual Travel Services
3.1. Booking a single travel service (for example, a hotel stay alone, or a transfer alone) constitutes a sale of a standalone travel service.
3.2. When several travel services of different types (for example, lodging and a transfer) are booked together and sold at a single price, they may constitute a package tour within the meaning of Article L.211-2 of the Tourism Code. In this case, the Customer receives, prior to the conclusion of the contract, the standard information form required by regulation, and is entitled to all the rights associated with the package.
3.3. Unless otherwise specified at the time of booking, each service booked separately on the Site constitutes a standalone travel service.
Article 4 · Reservation Process
4.1. The Customer selects accommodations, a room type, a meal plan, and dates, or accepts a quote provided by Sit&Way. Before making any payment, the Customer receives a summary that includes: - details of the service, the dates, and the number of travelers; - the total price; - the cancellation policy specific to the selected rate; - the payment schedule; - any fees payable on site.
4.2. For each room, the Customer must provide the first and last names of the guests, as they appear on their identification documents, as well as the exact age of each child as of the date of the stay. An incorrect age or number of guests may result in denial of access or a surcharge to be paid on site, which will be the responsibility of the Guest.
4.3. The Reservation is not final until the Customer receives a confirmation email from Sit&Way. Until such confirmation is received, availability and price are subject to change in real time. If availability or price cannot be confirmed, Sit&Way will not retain any payment.
4.4. For each confirmed Reservation, Sit&Way sends the Customer a voucher, which the Customer must present upon arrival. A traveler who does not present a voucher may be required by the hotel to pay for their stay at the published rate.
4.5. The photos and descriptions of the accommodations are provided by the Service Providers for informational purposes only. They do not constitute a contractual commitment regarding the exact appearance of the assigned room.
Article 5 · Price
5.1. Prices are listed in euros, including all taxes, excluding any fees payable on site as specified in Section 5.3.
5.2. The prices listed are dynamic. The applicable price is the one displayed in the summary at the time the Reservation is confirmed.
5.3. Certain fees are charged directly by the property and are the responsibility of the Customer, including the tourist tax, “resort fees,” cleaning, parking, or service fees, as well as any security deposit required upon arrival. When provided by the Service Provider, these charges are indicated prior to the Reservation.
5.4. In the event of an obvious material error in the price (for example, a price that is ridiculously low or bears no relation to the value of the service), Sit&Way reserves the right to cancel the Reservation and issue a full refund to the Customer, without any further compensation.
5.5. Member discounts, benefits, and the use of cashback are subject to the terms and conditions set forth in the subscription terms and conditions.
Article 5 bis · Price Comparison and "Prix Vérité" Guarantee
5-bis.1. Comparison : On some hotel listings, Sit&Way displays prices found for the same stay on other sites (Google Hotels, total prices including taxes, same number of travelers). This section appears only if the Sit&Way price is lower than all the prices listed. Prices on other sites are for reference only, are outdated, and may change at any time.
5-bis.2. True Price Guarantee : This applies only to reservations made by a logged-in member from a page displaying the guarantee, for the room and price being compared, and that have been confirmed and paid for.
5-bis.3. Automatic verification : Approximately 24 hours after the reservation is made, Sit&Way performs a single automatic price check using the same method. If the lowest price found at that time is at least [five (5)] euros and at least [three (3)]% lower than the price paid, the difference is credited to the member’s account, up to a limit set by Sit&Way. The member is notified of this by email.
5-bis.4. Only the automatic verification is considered valid : No claims, screenshots, or requests submitted to Sit&Way will be considered under the warranty. This specifically excludes prices reserved for members of another site, prices obtained using a promotional code, and prices not available to the public.
5-bis.5. Type of Credit : The credit is subject to the rules governing the credit balance as set forth in the general terms and conditions of the subscription. It is neither refundable nor convertible into cash. In the event of cancellation or a refund of the reservation, the credit will be forfeited. Sit&Way may suspend the guarantee at any time, without affecting reservations that have already been guaranteed.
Article 6 · Payment
6.1. Payment is made by credit card through a secure payment platform. Each payment is subject to strong cardholder authentication (3D Secure). Sit&Way never has access to the full card details.
6.2. Non-refundable rates : The full amount is charged immediately upon making the Reservation. The Reservation is not forwarded to the Service Provider until payment has been accepted.
6.3. Rates with free cancellation : - a) At the time of booking, the Customer registers a credit card, which is validated through strong authentication. No amount is charged at this time. - b) The full amount is charged automatically seven (7) days before the free cancellation deadline as indicated in the summary and confirmation. The Customer is notified of this by email before the charge is processed. - c) If the deadline for free cancellation falls less than seven (7) days after the Reservation, the full amount will be charged immediately. - d) By registering their card, the Customer expressly authorizes Sit&Way to charge the card for the amount of the Reservation on the scheduled date.
6.4. Failed Payment : If the payment specified in Section 6.3 is declined, the Customer will be notified by email and will have forty-eight (48) hours to complete the payment. Failing that, Sit&Way will cancel the Reservation, at no cost to the Customer, before the free cancellation deadline. Sit&Way cannot be held liable for the resulting loss of the Reservation.
6.5. The Customer warrants that he or she is the cardholder of the card used, or that he or she has the cardholder’s express authorization.
6.6. Payment Dispute : Any payment authenticated via 3D Secure and corresponding to a confirmed Reservation is deemed to have been authorized by the Customer. Any request to cancel such a payment through the Customer’s bank (“chargeback”)—except in cases of proven fraud or failure to provide the service—constitutes a breach by the Customer. Sit&Way therefore reserves the right to: - provide the bank with all evidence related to the Reservation (acceptance of the Terms and Conditions, 3D Secure authentication, confirmation, voucher, transaction log); - suspend the Customer’s account and subscription; - take any action to recover the amounts due, with recovery costs potentially being charged to the Customer within the limits provided by law.
Article 7 · Non-Refundable Rates: Strict Conditions
7.1. Rates marked “Non-refundable” are offered at a discounted price in exchange for a complete lack of flexibility. Their non-refundable nature is clearly indicated prior to the Reservation and must be expressly accepted by checking a specific box.
7.2. For any non-refundable fare, The full amount remains due, and no refund, whether in full or in part, is owed., in any of the following cases: - cancellation by the Guest at any time, including on the day of the Reservation; - failure to check in at the property (“no-show”); - delayed arrival or early departure, even for a single night; - denial of access to the property for a reason attributable to the Customer or a traveler (missing identification, age, undeclared number of travelers, behavior); - inability to travel for personal, medical, professional, administrative, or transportation reasons (canceled flight, delay, strike, lack of a visa or passport, etc.).
7.3. No changes can be made to a non-refundable rate: not the dates, the travelers' names, the room type, or the hotel.
7.4. These terms and conditions also apply when all or part of the price has been paid using the Customer’s cashback. Any cashback used will not be refunded.
7.5. The Customer is strongly advised to purchase appropriate cancellation insurance, as the above reasons for cancellation do not entitle the Customer to any refund from Sit&Way.
7.6. Only the cancellation of the Reservation by the establishment or the Service Provider, or its non-performance attributable to them, entitles the customer to the refund provided for in Article 10.
Article 8 · Rates with Free Cancellation
8.1. The Customer may cancel free of charge up to the deadline specified in the summary and confirmation. This deadline is based on the local time at the location of the establishment.
8.2. In the event of a cancellation within this period, any amounts charged will be refunded in full within fourteen (14) days to the card used for payment. Any cashback used will be credited back to the Customer’s account.
8.3. After the deadline, cancellation, no-show, or early departure will result in the charges specified in the fare conditions, which may amount to the full price. These charges will be retained or debited by Sit&Way.
8.4. Any request for a change (dates, guests, room) will be treated as a cancellation followed by a new reservation, at the rates and under the terms and conditions in effect at the time of the request, and subject to availability.
8.5. Cancellations must be made exclusively through the customer portal or in writing to contact@sitandway.com. Only the date of receipt by Sit&Way shall be considered valid.
Article 9 · No Right of Withdrawal
In accordance with Article L.221-28, 12° of the Consumer Code, the right of withdrawal does not apply to accommodation, transportation, and vehicle rental services that are to be provided on a specific date or at specific intervals. The Customer therefore has no right of withdrawal. Only the cancellation terms specific to the booked rate apply.
Article 9 bis · Programme de voyage personnalisé (contenu numérique)
9 bis.1 Objet. Sit&Way propose à ses membres un programme de voyage personnalisé, composé avec l'assistance de son outil d'intelligence artificielle « Andrée » à partir des préférences indiquées par le Client (ci-après « le Programme »). Le Programme est un contenu numérique fourni sans support matériel, consultable en ligne et téléchargeable au format PDF. Il ne constitue ni un forfait touristique ni un service de voyage au sens de l'article L.211-1 du Code du tourisme : les activités, restaurants et billets qui y sont suggérés ne sont pas vendus par Sit&Way et se réservent, le cas échéant, directement auprès de leurs exploitants ou de partenaires, selon leurs propres conditions.
9 bis.2 Conditions d'accès et prix. Le Programme est inclus dans les formules Access et Privilège. Pour les membres Basic, il est proposé au prix indiqué au moment de la commande (19 € TTC à la date des présentes), pour une réservation d'hébergement confirmée sur le Site, uniquement après l'expiration du délai d'annulation sans frais de cette réservation, ou dès sa confirmation si le tarif réservé est non remboursable. Un aperçu gratuit de la première journée est proposé avant toute commande, dans la limite d'un aperçu par réservation. Le prix comprend une nouvelle composition du Programme, sans frais, pour la même réservation.
9 bis.3 Exécution immédiate et renoncement au droit de rétractation. Le Programme est mis à la disposition du Client dès la confirmation du paiement. Conformément à l'article L.221-28, 13° du Code de la consommation, le droit de rétractation ne peut être exercé pour la fourniture d'un contenu numérique non fourni sur un support matériel dont l'exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation. Avant le paiement, le Client donne cet accord et ce renoncement en cochant la case prévue à cet effet ; à défaut, la commande ne peut pas être passée. Sit&Way confirme cet accord et ce renoncement au Client sur support durable, par courrier électronique, conformément à l'article L.221-13 du même code. L'accord est conservé avec sa date, son heure et l'adresse IP du Client.
9 bis.4 Passage à la formule Access. Si le Client souscrit à la formule Access ou Privilège dans les trente (30) jours suivant le paiement du Programme, le montant payé est crédité sur sa cagnotte cashback, dans les 48 heures suivant la souscription et selon les règles de la cagnotte prévues par les conditions générales d'abonnement. Ce crédit n'est pas convertible en espèces.
9 bis.5 Annulation de la réservation. Si la réservation d'hébergement à laquelle se rattache le Programme est annulée à l'initiative de Sit&Way ou de l'établissement, ou en raison de circonstances exceptionnelles et inévitables au sens de l'article 11, le prix du Programme est remboursé au Client sur simple demande adressée à contact@sitandway.com. Dans les autres cas, le Programme reste acquis et accessible.
9 bis.6 Nature des informations et garanties. Le Programme est fourni à titre indicatif. Les horaires, prix, jours d'ouverture, notes et disponibilités sont donnés selon les informations accessibles au moment de sa composition et peuvent évoluer : il appartient au Client de les vérifier auprès des établissements concernés. Les mentions relatives aux régimes alimentaires (notamment casher ou halal) reprennent les certifications déclarées par des organismes tiers, que Sit&Way vérifie avec diligence sans pouvoir s'y substituer. Les prestations suggérées sont exécutées sous la seule responsabilité de leurs exploitants. Le Client bénéficie de la garantie légale de conformité applicable aux contenus numériques (articles L.224-25-12 et suivants du Code de la consommation).
Article 10 · Cancellation or Modification by Sit&Way or the Service Provider
10.1. If a property or a Service Provider cancels a confirmed Reservation or is unable to fulfill it, Sit&Way will notify the Customer as soon as possible and offer the Customer, at the Customer’s discretion: - accommodation or a service of an equivalent or higher category, at no additional charge, when possible; - or a full refund of the amounts paid, including any cashback used.
10.2. Sit&Way may cancel a Reservation, with a full refund, in the event of an obvious pricing error (Section 5.4), a serious suspicion of payment fraud, or exceptional and unavoidable circumstances preventing its fulfillment.
Article 11 · Exceptional and Unavoidable Circumstances
Neither party shall be liable for any breach caused by exceptional and unavoidable circumstances as defined by the Tourism Code, or by a force majeure event as defined in Article 1218 of the Civil Code (natural disaster, armed conflict, epidemic, administrative decision, etc.). In such situations, the Customer’s rights to refunds are those provided for by the regulations applicable to the type of service booked and by the Service Provider’s terms and conditions.
Article 12 · Liability
12.1. Sit&Way is responsible for the proper performance of the obligations arising from the contract, in accordance with the provisions of the Tourism Code. It may be exempted from all or part of its liability by proving that the damage is attributable to the Customer, to a third party not involved in the provision of the services, or to exceptional and unavoidable circumstances.
12.2. Sit&Way shall not be held liable for: - inaccurate information provided by the Customer (names, ages, number of travelers, contact information); - fees charged on site by the establishment (Section 5.3); - the traveler’s failure to comply with the establishment’s rules and regulations; - the lack of travel documents (ID, passport, visa, health clearances), which is the sole responsibility of the Customer; - services purchased directly by the Customer from the establishment or third parties; - delays or cancellations of transportation that Sit&Way did not sell.
12.3. When Sit&Way is held liable for a travel service, compensation is limited, to the extent permitted by law, in accordance with international conventions and the limits set forth in the Tourism Code, except for bodily injury and damages caused intentionally or through negligence.
12.4. Any goodwill gesture or compensation is granted at Sit&Way’s sole discretion and does not constitute an admission of liability.
Article 13 · Obligations of the Customer and Travelers
13.1. The Customer shall ensure that each traveler is in possession of the documents necessary for their trip and stay. Information on travel requirements is available on the website of the Ministry of Europe and Foreign Affairs (diplomatie.gouv.fr, under the “Travel Advice” section).
13.2. Check-in and check-out times are set by each establishment. The establishment must be notified of any late arrival; otherwise, the room may be vacated and the night charged.
13.3. The Guest is liable for any damage caused by the Guest or by the travelers included in the Guest’s Reservation at the property.
Article 14 · Insurance
No insurance is included in the price. Sit&Way recommends that the Customer purchase insurance covering cancellation, assistance, repatriation, and medical expenses.
Article 15 · Complaints and Mediation
15.1. Any issue discovered during the stay must be reported immediately to the establishment and to Sit&Way so that a solution can be found on site. A problem that is not reported during the stay cannot be verified, which may limit the available remedies.
15.2. Any complaint must be submitted in writing to contact@sitandway.com, along with any relevant supporting documentation, within [thirty (30)] days following the end of the stay. Sit&Way undertakes to respond within [thirty (30)] days.
15.3. If no satisfactory response is received within sixty (60) days, the Customer may file a complaint free of charge with the consumer ombudsman: [NAME OF OMBUDSMAN, e.g., Médiation Tourisme et Voyage (MTV)], [ADDRESS], [WEBSITE]. The Customer may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
Article 16 · Evidence
The electronic records of Sit&Way and its payment service providers, maintained under reasonable security conditions, shall be deemed authentic between the parties. These records include, in particular, acceptance of the Terms and Conditions (date, time, version), 3D Secure authentication, confirmations, vouchers, and communications with Service Providers.
Article 17 · Personal Data
The personal data of the Customer and travelers is processed by Sit&Way for the purposes of managing Reservations, payments, customer relations, and fraud prevention. This information is shared with service providers and establishments only to the extent strictly necessary to fulfill the reservation, including when such providers or establishments are located outside the European Union. The Customer has the right to access, correct, delete, restrict, object to, and transfer their personal data, which they may exercise by contacting contact@sitandway.com. Detailed procedures are set forth in the Site’s privacy policy.
Article 18 · Governing Law and Disputes
18.1. These Terms and Conditions are governed by French law.
18.2. In the event of a dispute, an amicable resolution shall be sought as a matter of priority (Article 15). Failing that, the dispute shall be brought before the competent court in accordance with the rules of general law. A consumer Customer may bring the matter before the court of the place where he or she resided at the time the contract was concluded or when the harmful event occurred.
18.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.