Terms of Sale

1. AREA OF USE
The website www.midway.az (hereinafter referred to as the “Site”) is published by Midvvey Group LLC (hereinafter referred to as “MidWay Group”), which manages hotels under the MidWay Group brand. MidWay offers hotel reservation services (hereinafter referred to as the “Services”) on the Site in accordance with the terms and conditions set forth herein and the PRIVACY POLICY.
Services are available only to those persons who, in accordance with applicable law, can enter into legally binding contracts (hereinafter referred to as the “Client”). By using the Services, the Client acknowledges that he is of sufficient age to use the Services and to be legally bound for any liability he may incur as a result of using the Services. The client also guarantees that he has the legal right to make a reservation both for himself and for another person on whose behalf he is authorized to make such actions.
The Conditions of Sale govern the contractual relationship between the Client and the Hotel where the Client has made the reservation. The terms of sale are available to the Client on the Site at any time. The Customer may store and/or print the Terms of Sale using the standard settings of his browser and/or computer.
The terms and conditions of sale take precedence over any other documents relating to the same item. The parties expressly declare that the Terms of Sale fully reflect their agreements on this subject. No general or specific conditions communicated by the Customer may be included in or added to the Conditions of Sale.
Customer hereby declares that he is of legal age, has full legal capacity to enter into this agreement and is acting for his own purposes, excluding any activity of brokering, reselling, distributing or similar activity in relation to all or part of the Services.
MidWay Group reserves the right to change the Terms of Sale at any time. The applicable Conditions of Sale are the conditions in effect on the date of booking. The Customer is requested to read them carefully each time they visit the Site and before each booking, as they are subject to change.

2. DESCRIPTION OF SERVICES
Using the Site, Clients can book a room in one of the Hotels. The main features and characteristics of the Hotels and (or) the proposed conditions of accommodation can be viewed on the Site before and (or) during the booking process. For more information about the Hotels and (or) the proposed conditions of accommodation, the Client can contact the Hotel using the contact details indicated on the Site.
The photographs posted on the Site are for informational purposes only. While every effort is made to ensure that photographs, graphics and text reproduced to describe the Hotels and/or Services give an accurate representation of the Services offered, discrepancies may occur, in particular due to changes in furniture or possible upgrade. If in doubt or for more information about the Services, please contact the Hotel using the contact details provided on the Site. In any event, Rixos and/or the Hotel cannot be held responsible for minor errors that may occur in this regard.
One way or another, the following information is available to the Clients on the Site:
• the main characteristics of the Services and Hotels: the main characteristics of the accommodation conditions and infrastructure of the Hotel,
• current prices,
• terms of payment,
• Terms of Sale and Terms and Conditions.
Customer is solely responsible for selecting the Services and their suitability for their needs. The hotel and/or the MidWay Group cannot be held liable in this regard. The parties specifically agree that all bookings are nominal and under no circumstances can be transferred in whole or in part to third parties.

3. BOOKING PROCESS
Any booking implies the prior reading and acceptance of these Terms and Conditions of Sale and the Terms and Conditions by clicking the checkbox with a hyperlink to these Terms of Sale and the Terms and Conditions.
MidWay Group cannot be held responsible for erroneous or incomplete information provided by the Client during the booking process.
The booking process is described below:
• The client chooses the Hotel where he wants to stay.
• Customer selects check-in and check-out dates, enters the number of adults and/or children covered by the booking, and then clicks Book.
• The client selects the room type and clicks “Book”.
• The client is provided with a summary of his booking and has the opportunity to make any necessary changes to it.
• The client completes the Guest Information form with their personal and contact details (information marked with an asterisk is mandatory).
• The customer selects a booking guarantee method from the following list of credit cards: Visa, MasterCard, American Express, JCB, Discover or Diners Club.
• Customer clicks “I have read and agree to the Terms of Sale and Terms and Conditions” which are available via the link.
• The Client then clicks “Book Now”.
Please note that payment is not made on the Site. Credit card details are only required to guarantee the booking.
Upon completion of the booking process on the Site as described above, the Client receives a confirmation email containing the details of his booking. If the Terms and Conditions applicable to the booking require the prepayment of the booking, a payment link will be sent to the Client’s email address to enable the Client to prepay the booking in accordance with clause 7.2.1 below. Prepaid bookings are considered confirmed only after the Client has made the respective prepayment.
MidWay Group reserves the right to refuse or cancel a booking in case of valid reasons, in particular, in case of an abnormal number of requests or if there is a dispute with the Client regarding a previous booking, etc.

4. NO RIGHT OF WITHDRAWAL
In accordance with article L. 221-28 12 of the French Consumer Code, the Client cannot cancel his booking after it has been made in accordance with the booking process described in article 3 above.

5. CANCELLATION OR MODIFICATION
Subject to the Terms and Conditions, the Hotel is entitled to charge a cancellation fee and, where applicable, all or part of the cost payable by the Client for the booking, which is deducted from amounts paid in advance, as appropriate, or from the amount withheld in as a guarantee of the reservation (if the reservation was not paid in advance).
If a booking or payment is incorrect, incomplete, invalid, or fraudulent, this will be grounds for cancellation of the booking, and the Hotel and MidWay Group’s other rights and/or remedies will remain unaffected.

6. NO SHOW
Subject to the Terms and Conditions, in the event of a no-show (when the booking has not been canceled but the Client has not arrived at the accommodation):
• if the Client has made an advance payment in accordance with paragraph 7.2.1 below, this advance payment is not refundable by the Hotel,
• if the booking was guaranteed by credit card only, the Hotel will deduct a fixed amount from the Client’s credit card as compensation, equivalent to the cost of the Client’s full booking.
The Client’s booking is canceled without charge, unless otherwise stated, in accordance with the Terms and Conditions.

7. PRICES AND PAYMENT
7.1. PRICES
Current prices are shown before and during the booking process. Prices are per room for the specified number of people and for the selected dates. The prices shown on the Site are in the currency chosen by the Client and include all applicable taxes (including VAT) at the rate applicable on the day of booking. If the payment to the Hotel is made in a currency other than the currency chosen by the Client, then the commission for the conversion is paid by the Client.
Unless otherwise specified on the Site during the booking process or in the Tariff Policy, additional services (breakfast, half board, full board, etc.) are not included in the price.
Hotels may change their prices on the Site at any time. Bookings are invoiced based on the price in effect at the time the booking is confirmed by the Client.
7.2. TERMS OF PAYMENT
Depending on the Terms and Conditions applicable to the Customer’s booking, payment terms may vary. In any case, the Client must always provide his credit card details when making an online booking in order to guarantee his booking. In addition, some rates require prepayment (clause 7.2.1), while others provide for full payment during the Client’s stay directly at the hotel (clause 7.2.2).
If the Customer makes a reservation for several rooms, but only one or some of these rooms require prepayment, the credit card used to prepay for such rooms serves as a guarantee for the remaining rooms.
7.2.1. Prepayment
If the rate provides for prepayment, in accordance with the Terms and Conditions, a payment link is sent to the Client’s email address so that he can make prepayment according to the instructions in the email. If the Client does not make the prepayment within 48 (forty-eight) hours of receiving the payment link, the booking will be canceled and the Client will receive a cancellation email.
The accepted payment method is a credit card (Visa, Mastercard, American Express, Diners Club).
After the prepayment is completed, a confirmation of payment is sent to the Client’s e-mail address.
7.2.2. Guarantee
If the tariff does not provide for prepayment, payment for the reservation is made by the Client directly at the Hotel during their stay in it. In this case, the Hotel may ask the Client to pay a deposit upon arrival or ask him to authorize the debiting of funds from his credit card in order to guarantee payment of the amount corresponding to the cost of the services provided by the Hotel.

8. PERSONAL DATA
Customers are informed that MidWay Group and/or Hotels process their personal data in accordance with MidWay Group’s Privacy Policy available at the following link.

9. FORCE MAJOR
If one of the parties is unable to fulfill its contractual obligations due to the occurrence of force majeure circumstances (force majeure), as defined in article 1218 of the Civil Code and within the framework of French jurisprudence, the respective obligations of the parties are suspended and neither party ultimately is responsible.
The party affected by force majeure shall notify the other party of it as soon as possible after its occurrence.
If force majeure continues for more than 30 (thirty) consecutive days and (or) if from the moment of its occurrence it clearly prevents the performance of obligations by the affected party, either party has the right to terminate the agreement by notifying the other party in writing by registered mail with acknowledgment of receipt. Termination is effective upon receipt of said registered letter, with neither party ultimately liable.

10. SETTLEMENT OF DISPUTES
These Conditions of Sale shall be governed by and construed in accordance with the laws of France.
In the event of a complaint or dispute related to these Conditions of Sale and (or) booking, the Client may contact the MidWay Group’s customer service department (by email: info@midway.az, by regular mail: AZE 1049, Baku, Khatai district, Naples 6, apartment 5, on working days by phone: +994 50 211 14 26 [Monday to Saturday from 08:00 to 00:00 Baku time]) to report a complaint or dispute and try to reach a settlement with Midway Group.
If MidWay Group Customer Service is unable to resolve a Complaint under a Settlement Agreement, Customer may contact the following consumer dispute mediator: FEVAD(Fédérationdue-commerceetdelavente à distance), 60 ruelaBoétie, 75008 Paris, France, http://www. mediateurfevad.fr or use the European Commission’s platform for online dispute resolution, available at the following address: http://ec.europa.eu/odr.
If a settlement cannot be reached (including through the mediation process set out above), or if the Customer wishes to take the claim or dispute directly to the courts without resorting to mediation, a complaint or dispute related to these Terms of Sale and/or booking are subject to the exclusive jurisdiction of the competent courts of Paris, which does not affect the right of the Consumer Customer to submit the dispute to the court of the place of residence or, at its discretion, to any other territorially competent court in accordance with the French Code of Civil Procedure, pursuant to article R. 631- 3 of the French Consumer Code.

11. MISCELLANEOUS
The parties expressly declare that the Terms of Sale fully reflect their agreement on this subject matter and supersede any prior agreements between them regarding this subject matter. If any provision of the General Terms and Conditions is found to be invalid, that provision shall not apply, but the remaining provisions shall remain in effect.
The fact that either party does not invoke the other party’s failure to comply with any of its obligations shall not be construed as a waiver of that obligation or as an addition to the Terms of Sale that may prevent the defaulting party from invoking it in the future.
If one or more provisions of the Conditions of Sale are qualified, declared or invalidated by a particular law, regulation or ruling of a competent court, the parties shall meet and agree on which provisions to replace the invalid provisions in order to achieve, to the maximum extent possible, the objectives of the original provisions. All other provisions of the agreement remain in full force and effect.