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General terms and conditions of use for the website

General terms and conditions of use for the website

GENERAL TERMS AND CONDI­TIONS OF SALE

YACHTS DE PARIS-RESTAUR­ANT DON JUAN II

AND OF THE WEBSITE
https://donjuan2.yachts­de­paris.fr/

Trans­lated into English for inform­a­tion purposes only. In the event of a dispute, the French version shall take preced­ence.

PART I – GENERAL TERMS AND CONDI­TIONS OF SALE

For the purposes hereof, the terms defined below, both in the singu­lar and in the plural, have the follow­ing mean­ings:
“Customer”: any natural person acting as a consumer within the mean­ing of the French Consumer Code, i.e. for purposes not connec­ted with their commer­cial, indus­trial, artisan, profes­sional or agri­cul­tural activ­ity;
- “Service Provider”: the company Yachts de Paris which is respons­ible for provid­ing the services;

– “Services”: cater­ing services and/or services offered directly by the Service Provider or indir­ectly via its website.

Article 1 – General provi­sions

1.1 Provi­sion of the Services is subject to the stip­u­la­tions hereof, supple­men­ted by the specific terms and condi­tions of the Service. These take preced­ence over all terms and condi­tions of purchase which may conflict with them, and express the entirety of the rights and oblig­a­tions of the parties and are insep­ar­able, where applic­able, from the “General Terms and Condi­tions of Use” section below for any book­ing and/or order placed via any website of the Service Provider.

1.2 The Service Provider reserves the right to not accept book­ings for events of which the elect­oral, polit­ical or reli­gious nature is incom­pat­ible with or preju­di­cial to the image and shared aim of the Service Provider or the venue where the Services are to be provided.

1.3 If any one of the clauses hereof (in full or in part) proves unlaw­ful, invalid or inap­plic­able, the other provi­sions remain in force.

1.4 The fact that the parties do not exer­cise the rights recog­nised as theirs pursu­ant hereto may not in any event be inter­preted as a waiver of the enforce­ment of said rights.

1.5 This docu­ment is drawn up in French.

Article 2. Prices

Prices are expressed in euros, exclus­ive of tax or inclus­ive of tax. Prices can be revised at any time without prior notice. Prices invoiced are those in force on the day of the book­ing. They are subject to the VAT in force applic­able on the day of the Service. Any new taxes or charges which may be intro­duced, or any change to current charges or taxes, auto­mat­ic­ally result in prices being read­jus­ted. Prices may also be subject to a differ­en­ti­ated pricing policy based on manage­ment of capa­cit­ies avail­able, result­ing in price vari­ation. It is for the Customer to assess, before confirm­ing the book­ing, whether the price is suit­able. Any chal­lenge over prices at a later date will be disreg­arded. The prices of services or services other than the main services are not modi­fi­able after the book­ing.

Article 3 – Terms of book­ing and of payment

3.1 The Service Provider makes these General Terms and Condi­tions avail­able to Custom­ers on its website in order for Custom­ers to read them prior to any book­ing.
Book­ings are made in writ­ing, by email, tele­phone, messaging service or directly on the Service Provider’s website. To make a book­ing, the Customer must be at least 18 years of age and have legal capa­city to enter into a contract. 
Any misuse in breach of these General Provi­sions may result in refusal by the Service Provider, at any time, to allow access to the Services.

3.2 Payment for any book­ing is due upon confirm­a­tion to the Customer by e-mail, mail or digit­ally, and consti­tutes accept­ance hereof. The book­ing becomes effect­ive upon full or part payment by the Customer. In the event of part payment, the balance remain­ing due must be paid by the Customer on the day of the service.

A down payment is required from the Customer at the time of book­ing in the minimum amount of:

. 220 euros incl. tax for dinner,

. 320 euros incl. tax per person for 14 Febru­ary, 14 July, 24 Decem­ber and 25 Decem­ber,

. 710 euros incl. tax per person for 31 Decem­ber even­ing.

The total balance will be paid on site depend­ing on the services consumed by the Customer.

Upwards, subject to avail­ab­il­ity.

And down­wards:
. without penalty, if the modi­fic­a­tion occurs more than 48 hours before the date of service.
. with penal­ties: the amount of the down payment will be kept by the Service Provider if the modi­fic­a­tion occurs 48 hours or less before the service date.

3.3.2 Book­ings for more than 8 persons: 
The exact number of attendees must be confirmed in writ­ing at the latest 3 busi­ness days before the date of the event, which will serve as the basis for invoicing.
Within this period of more than 72 hours before the date of the service, the Customer has the option of redu­cing the number of attendees indic­ated at the time of the initial book­ing within a limit of 10% which may alter the total of the original quote or the initial pro forma invoice.
If the Customer does not confirm within 3 busi­ness days, the invoice will be drawn up based on the quote or the signed pro forma invoice.
The Customer may, at any time, increase the number of attendees indic­ated at the time of the original book­ing, if the event venue allows this; invoicing will be drawn up based on the number of actual attendees.

3.4 Payment may be made in cash (within the maximum permit­ted by regu­la­tions), cheque (drawn exclus­ively on a bank domi­ciled in France), bank card, wire trans­fer or any other means of payment accep­ted by the Service Provider. When paying by bank card, the Customer agrees to use only a personal card of which he/she is the owner. In case of fraud­u­lent use, the Service Provider is not liable. The Customer will indic­ate the number, expiry date and secur­ity code of his/her bank card at the time of payment.
Remote payment by bank card is fully secur­it­ised by SSL protocol and provided by an organ­isa­tion special­ising in online secur­it­ised trans­ac­tions. Trans­mis­sion of bank data takes place by secure link and directly on the website of said organ­isa­tion. In any event, unavail­ab­il­ity of elec­tronic payment services under no circum­stances releases the Customer from his/her oblig­a­tion to pay for the chosen Services.

3.5 Any delay in payment will, after the send­ing of a letter of formal notice, result in the invoicing of late payment interest exclus­ive of tax, equi­val­ent to applic­a­tion of a rate equal to the rate of the European Cent­ral Bank, increased by 10 points. These penal­ties will be applied from the due date of the prin­cipal, up to the date of cleared payment in full.
A stat­utory fixed charge for debt collec­tion costs of €40 will be auto­mat­ic­ally owed by all profes­sion­als in the case of any late payment (Art. L.441–5 of the Commer­cial Code).

3.6 All services and over­time not stip­u­lated origin­ally will be the subject of addi­tional invoicing after the event.

3.7 Gift vouch­ers and gift boxes
The Service Provider provides offers subject to avail­ab­il­ity and capa­city.

Gift vouch­ers and gift boxes cannot be changed or exchanged. 

The offer is used for the services mentioned in the details of the online service, and any claim concern­ing a service not provided for in the offer – includ­ing options – cannot be accep­ted. 
Offers are valid for the dura­tion indic­ated on the gift voucher or gift box at the time of purchase, the valid­ity period begin­ning from the date of purchase and not of book­ing on the site. 
The offer is purchased by the customer; however, the customer is not neces­sar­ily the bene­fi­ciary.
A book­ing, subsequent to the purchase, must be made for the use of the offer. Requests for book­ings are made primar­ily on the restaur­ant’s website, other­wise by email or tele­phone.
The book­ing must be made during the valid­ity period of the offer.
The bene­fi­ciary, with the unique code relat­ing to the offer purchased, must reserve his/her service on the Service Provider’s website. The Service Provider reserves the right to set the avail­ab­il­ity of the services which are avail­able for consulta­tion at the time of book­ing.
If this valid­ity period is exceeded, the offer is no longer valid or refund­able, and will be considered as settled by the Service Provider. The offer commits the Service Provider to provide a service once it confirms receipt of payment and records the book­ing.

3.8 Deliv­ery terms: For invit­a­tion boxes, gift bags and gift boxes, the price includes ship­ping costs, and ship­ment is carried out as soon as possible by the restaur­ant Don Juan II service provider to the address stated by the Customer.

For gift vouch­ers, any confirm­a­tion is sent by email as soon as payment is confirmed by the Service Provider. The exchange voucher will be access­ible via this e-mail using a hyper­link. The customer will then be able to down­load the exchange voucher in PDF format by click­ing on the link. It will then be possible to print it if neces­sary. The Customer alone is respons­ible for making the exchange voucher avail­able to the bene­fi­ciary.
The bene­fi­ciary must connect to the restaur­ant’s website in order to confirm the date of arrival.
In the event that the customer or bene­fi­ciary encoun­ters diffi­culties over receipt of the voucher, they may contact the Service Provider using the inform­a­tion given in the purchase confirm­a­tion email. In the event that the customer commits an error prevent­ing or delay­ing receipt of the voucher, the restaur­ant cannot be held liable; complaints will then be handled separ­ately.

Article 4 – Cancel­la­tion

Book­ings for 1 to 8 persons:
-At the Custom­er’s instig­a­tion
Custom­ers must confirm their cancel­la­tions by email or tele­phone.
In case of total cancel­la­tion of the services or a no-show by the Customer on the agreed date: there is no penalty for any cancel­la­tion made more than 48 hours before the service. For any cancel­la­tion made 48 hours or less before the service, the down payment will be kept by the Service Provider.

Gift vouch­ers and gift boxes cannot be changed, exchanged or refun­ded. 

-At the Service Provider’s instig­a­tion
In the event of partial or total cancel­la­tion of the planned service or its content, caused by the refusal of permis­sion by the public author­it­ies or by any event beyond the Service Provider’s control (equip­ment break­downs, work on the Eiffel Tower site, tech­nical incid­ent mean­ing safety of Custom­ers or Person­nel cannot be guar­an­teed, etc.), the Service Provider will reim­burse the Customer for the amount corres­pond­ing to that part of the Service not performed.
Under all circum­stances beyond the Service Provider’s control, the Customer cannot claim payment of any costs, indem­nit­ies or damages which may [other­wise] be claimed in this respect, and the Customer will be respons­ible for organ­isa­tion of the event at another venue.

4.2 Book­ings for more than 8 persons:
-At the Custom­er’s instig­a­tion
In the case of total cancel­la­tion of the services or rental arrange­ments, the Service Provider will receive from the Customer, by way of compens­a­tion:

– If more than 90 calen­dar days before the sched­uled date of the services: 50% of the total amount excl. tax of the cancelled service,
- If between 89 and 60 calen­dar days before the sched­uled date of the services: 70% of the total amount excl. tax of the cancelled service;
- If less than 60 calen­dar days before the sched­uled date of the services: 100% of the total amount excl. tax of the cancelled service.
In any event, the down payment collec­ted by the Service Provider at the time of the book­ing will not be returned and will offset the compens­a­tion to be paid by the Customer in rela­tion to the cancel­la­tion.
-At the Service Provider’s instig­a­tion
In the case of partial or total cancel­la­tion of the sched­uled event, caused by refusal of permis­sion by the public author­it­ies or by the owner of the event venue, or by any event beyond the Service Provider’s control, or by an end to occu­pancy, for any reason what­so­ever, of the event venue by the Service Provider, all sums collec­ted by way of part payment will be reim­bursed to the Customer.
In no event may the Customer claim payment of any costs, indem­nit­ies or damages which may be claimed in this respect, and the Customer will be respons­ible for organ­isa­tion of the event at another venue.
Never­the­less, the Service Provider may propose to the Customer that the event is held at one of the Service Provider’s event venues, under new condi­tions specific to the event venue.

Article 5 – Internal regu­la­tions

5.1 The Service Provider will do everything in its power to ensure that the Service is provided under the terms and condi­tions stip­u­lated in the book­ing. In no event may the number of attendees present at the venue exceed the venue capa­city estab­lished for each venue.

5.2 Any equip­ment or items which may prove hazard­ous for custom­ers or the Service Provider’s staff will be refused.

5.3 Correct dress and respect­ful beha­viour in compli­ance with the safety rules are required.

5.4 Anyone in breach of the above may be refused access or be removed from the venue where the Service is provided, without the option of being refun­ded the price paid, the Service Provider also reserving the right to take all meas­ures that it deems appro­pri­ate.

Article 6 – Confid­en­ti­al­ity

The parties mutu­ally under­take to main­tain the strict­est confid­en­ti­al­ity over all docu­ments and inform­a­tion that are brought to their atten­tion in the context of perform­ance of the Services.

Article 7 – Intel­lec­tual prop­erty

The Service Provider alone is author­ised to exploit the intel­lec­tual prop­erty rights relat­ing to the Don Juan II restaur­ant and website owned by Yachts de Paris.
Access­ible elements, notably in the form of texts, photo­graphs, images, icons and sound, are also protec­ted by intel­lec­tual and indus­trial prop­erty rights and other private rights. In no event may the Customer repro­duce, repres­ent, modify, trans­mit, publish, adapt, on any medium what­so­ever, using any means what­so­ever, or use in any way what­so­ever, all or part of the Service Provider’s trade­marks without its prior author­isa­tion. Use that has not been author­ised before­hand, on any basis what­so­ever, of all or part of the inform­a­tion may be the subject of any appro­pri­ate action, includ­ing an action for infringe­ment.

Article 8 – Liab­il­ity – Insur­ance

The Service Provider accepts no liab­il­ity in the event of theft or damage caused to any kind of items or prop­erty (personal effects, hand luggage, equip­ment, etc.) belong­ing to the Customer or of which it is the custodian.
The Service Provider will invoice the Customer for any theft or damage to goods or prop­erty caused at the venue where the service is provided by the Customer or one of its attendees.

In the event of fail­ure to fulfil its contrac­tual oblig­a­tions, the Service Provider cannot refund more than 100% of the price of the service ordered.
The Service Provider declares that it has taken out insur­ance with a reput­able company cover­ing its civil oper­at­ing liab­il­ity for up to 8 million euros, includ­ing in the event of food pois­on­ing.

Article 9 – Force majeure

The Service Provider or the Customer reserves the option of cancel­ling a service if a force majeure event occurs (fire, explo­sion, attack, natural disaster, govern­ment restric­tions, etc.). Any event, such as a pandemic, that meets the criteria of force majeure and signi­fic­antly affects the perform­ance of the Services ordered or the perform­ance of the contract because of compli­ance with the health control meas­ures put in place by the French govern­ment author­it­ies is considered a case of force majeure. In such circum­stances, the sums paid by the Customer will be refun­ded without the Customer being entitled to any addi­tional compens­a­tion.

Article 10 – Cool­ing-off period:

Under Article L. 221–28(12) of the French Consumer Code, the Customer may not exer­cise the right to cancel after a cool­ing-off period as regards provi­sion of cater­ing services and leis­ure activ­it­ies which must be supplied on a specified date or during a specified period.

Article 11 – Personal data

The Custom­er’s Personal Data are collec­ted and processed in compli­ance with the current Law No. 78–17 of 6 Janu­ary 1978 and the European Regu­la­tion 2016/679 of 27 April 2016 on the protec­tion of natural persons with regard to the processing of personal data and on the free move­ment of such data. For more inform­a­tion, the Customer is invited to consult our Privacy Policy, avail­able on our website https://donjuan2.yachts­de­paris.fr/.

Article 12 – Receipt of noti­fic­a­tions and news­let­ters

The Customer may, at any time and free of charge, ask us to stop send­ing advert­ising or commer­cial offers by contact­ing us directly at sales.support.ssl@s­o­dexo.com or via the unsub­scribe link included in any offer we may send to the Customer by email. Unsub­scrib­ing in this way is without preju­dice to the legal­ity of any mail­ings sent out prior to its taking effect. Under Article L. 223–2 of the French Consumer Code, Users are informed of their right to register, free of charge, to opt out of receiv­ing market­ing calls (www.bloctel.gouv.fr).

Article 13 – Evid­ence

It is expressly agreed that, barring an obvi­ous error estab­lished by the Customer or by the Service Provider, the inform­a­tion stored in the latter’s inform­a­tion system has probat­ive value. The inform­a­tion on computer or elec­tronic media held by the Service Provider consti­tutes evid­ence and, if it is produced as evid­ence in any litig­a­tion or other proceed­ings, it will be admiss­ible, valid and enforce­able between the parties in the same way, under the same condi­tions and with the same probat­ive value as any docu­ment that is drawn up, received or retained in writ­ing.

Article 14 – Complaints

In the event of a complaint concern­ing the service, the Client may contact the Service Provider by letter at Yachts de Paris – Don Juan II – Customer Rela­tions Depart­ment – Port Henri IV – 75004 Paris – France or by email at reser­va­tions.dj2@ydp.fr.

In the event of a dispute between the profes­sional and the consumer, they are to make an effort to find an amic­able solu­tion. Fail­ing amic­able agree­ment, the consumer has the option of refer­ring the matter free of charge to the profes­sion­al’s consumer ombuds­man, i.e. the European Ombuds­man Asso­ci­ation (AME CONSO), within one year of the writ­ten complaint sent to said profes­sional. The matter should be referred to the consumer ombuds­man:

- either by complet­ing the relev­ant form provided on the AME CONSO website: www.medi­ation­conso-ame.com;

- or by send­ing a letter to AME CONSO, 11 Place Dauphine, 75001 Paris, France.

Legal persons may not refer their complaints to the Ombuds­man.

Article 15 – Applic­able law – Disputes

This contract is governed by French law. It must be imple­men­ted and inter­preted in accord­ance with this law.
In the event of any dispute, the Customer is first to contact the Service Provider to find an amic­able solu­tion.
Custom­ers are advised that they may, in any event, make use of conven­tional medi­ation, includ­ing with the Consumer Medi­ation Commis­sion or with exist­ing sector-based medi­ation bodies or to any altern­at­ive dispute settle­ment method (concili­ation, for example) in the event of any dispute.
If an amic­able agree­ment is not reached, the case will be brought before the courts with juris­dic­tion; for the avoid­ance of doubt, the time limits for the initi­ation of legal proceed­ings continue to run during the period when an amic­able solu­tion is sought.
In the event of any dispute or chal­lenge, the French courts alone will have juris­dic­tion and French laws alone will apply. Disputes arising with our custom­ers registered in the Trade and Compan­ies Register (RCS) will be submit­ted to the Commer­cial Court of Paris.
All of the above clauses will be respec­ted in full by each party.                                                  092021

Trans­lated into English for inform­a­tion purposes only. In the event of a dispute, the French version shall take preced­ence.

PART II – GENERAL TERMS AND CONDI­TIONS OF USE OF THE WEBSITE https://donjuan2.yachts­de­paris.fr/

Trans­lated into English for inform­a­tion purposes only. In the event of a dispute, the French version shall take preced­ence.

The purpose of this section of the General Terms and Condi­tions of Sale and Use of the site https://donjuan2.yachts­de­paris.fr/ is to define the terms and condi­tions of avail­ab­il­ity of, access to, and use of the Service Provider’s website and said terms and condi­tions are enforce­able on the Users.

PLEASE READ THESE GENERAL TERMS AND CONDI­TIONS OF USE CARE­FULLY BEFORE USING THE WEBSITE AS THEY AFFECT YOUR RIGHTS AND OBLIG­A­TIONS. YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUD­ING ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND CONDI­TIONS OF USE, AS WELL AS APPLIC­ABLE LAWS AND REGU­LA­TIONS.

For the purposes of this section, the terms defined below, both in the singu­lar and in the plural, have the follow­ing mean­ings:

“Contri­bu­tion”: all content (photo­graphs, images, inform­a­tion, remarks, comments, CVs, cover letters, etc.) that may be published, edited, draf­ted, shared, deleted and/or modi­fied on the Website by the User;

“GTCU”: these general terms and condi­tions of use;

“Publisher”: the company or compan­ies publish­ing the website(s) mentioned in the Legal Notices;

“Website”: the Website (https://donjuan2.yachts­de­paris.fr/) and the portals and vari­ations of asso­ci­ated URLs, where applic­able;

 “User”: anyone logging on to the website, such as the Customer, visit­ors, etc.;

“Func­tion­al­ity”: services made avail­able to the User on the website, as described below;

“Services”: the services offered, which may be booked by the User under the terms and condi­tions set out on the website.

Article 16 – Access to the Func­tion­al­it­ies

Access to the Func­tion­al­it­ies of the website is open to anyone brows­ing on said site and is condi­tional on compli­ance here­with. Users are informed that they have the option of saving and print­ing these GTCU by using the stand­ard func­tion­al­it­ies of their browser or computer. By using the Func­tion­al­it­ies, Users acknow­ledge that they have obtained from the Service Provider all the neces­sary inform­a­tion about the Func­tion­al­it­ies and that they uncon­di­tion­ally accept the GTCU.

All Users under­take, having accep­ted the GTCU, to comply with them scru­pu­lously. Fail­ure to comply with the GTCU renders Users liable and may entail imme­di­ate and auto­matic suspen­sion, or perman­ent and auto­matic cessa­tion of access to the website and to the asso­ci­ated Func­tion­al­it­ies.

Users are respons­ible for the use they make of the inform­a­tion made avail­able to them by the User [sic: Publisher] in connec­tion with the Func­tion­al­it­ies and must take into consid­er­a­tion all notices featur­ing in these GTCU and on the website.

The condi­tions of access to and use of the Func­tion­al­it­ies may be changed without prior notice by the Service Provider. Avail­ab­il­ity of each Func­tion­al­ity depends on the website and a User might there­fore not have access to all or part of the Func­tion­al­it­ies below.

Article 17 – Func­tion­al­it­ies

The website allows the User to access all or part of the follow­ing Func­tion­al­it­ies:

17.1 Consult­ing inform­a­tion about the Services. This func­tion­al­ity gives the User access to inform­a­tion relat­ing to the Services (e.g. times, descrip­tions and specific terms and condi­tions of the Services, inform­a­tion about products offered, etc.).

17.2 Book­ing. The User may book Services on the website. The terms and condi­tions of access and of func­tion­ing of the order for these Services feature on the website and herein. In any event, the User under­takes to ensure that all inform­a­tion provided to the Publisher (includ­ing Personal Data) at the time of regis­tra­tion is always truth­ful, accur­ate, complete and up-to-date. In partic­u­lar, the User under­takes not to create a false iden­tity likely to mislead the Publisher or any third party and not to spoof or steal the iden­tity of another natural person. In the event of any changes, the User under­takes to update all the inform­a­tion concern­ing him/her imme­di­ately. If the User provides any false, inac­cur­ate, outdated, incom­plete, deceit­ful or mislead­ing data, the Publisher may imme­di­ately suspend or termin­ate the User’s account and tempor­ar­ily or perman­ently refuse access to all or part of the Func­tion­al­it­ies.

17.3 Receiv­ing noti­fic­a­tions and news­let­ters from the Service Provider and/or its part­ners. Depend­ing on the choices made at the time of book­ing, the User may receive commer­cial noti­fic­a­tions where applic­able and/or news­let­ters from the Service Provider and/or its commer­cial part­ners.

17.4 Submis­sion of applic­a­tions. The User may submit an unso­li­cited applic­a­tion in accord­ance with the terms and condi­tions set out on the Website.

Article 18 – User Contri­bu­tions

Users under­take to ensure that their Contri­bu­tions comply with all applic­able laws and regu­la­tions. Prohib­i­tions include, but are not limited to, publish­ing any Contri­bu­tion the content of which would, or would be likely to, infringe:

– Public order or accep­ted stand­ards of beha­viour,

– The rights of third parties (image rights, privacy, etc.),

– The intel­lec­tual prop­erty rights of any third party and/or Sodexo.

In this respect, the User under­takes to ensure that his/her Contri­bu­tions are relev­ant to the context. They must not contain subject­ive comments, espe­cially if they are excess­ive or insult­ing, or reveal, directly or indir­ectly, any inform­a­tion considered sens­it­ive (racial or ethnic origin, polit­ical, philo­soph­ical or reli­gious opin­ions, trade union member­ship, inform­a­tion relat­ing to health or sex life, offences, convic­tions or secur­ity meas­ures).

The User declares that he/she accepts all civil and crim­inal liab­il­ity that might result from the public­a­tion of his/her Contri­bu­tions on the Website. In addi­tion, the User will hold the Publisher harm­less against any action, of any kind what­so­ever, which might be brought against it by any inter­ested person regard­ing the User’s fail­ure to comply with the fore­go­ing provi­sions.

It is specified that in the event of fail­ure by the User to comply with the provi­sions of this article, Sodexo reserves the right to remove from the Website any disputed Contri­bu­tion, notwith­stand­ing Sodex­o’s right to suspend or termin­ate the User’s access to the website without prior notice.

Article 19 – Terms and condi­tions for provid­ing access to the Website

19.1 Avail­ab­il­ity. Access to the website is unres­tric­ted and free of charge to any User with Inter­net access. All costs relat­ing to access, whether costs relat­ing to hard­ware, soft­ware or Inter­net access, are exclus­ively borne by the User. Users alone are respons­ible for the correct func­tion­ing of their computer equip­ment and for their Inter­net access.

The Publisher will use all reas­on­able means to provide the User with continu­ous access to the Website, but certain Func­tion­al­it­ies may be subject to vary­ing avail­ab­il­ity.

The Publisher cannot be held liable for website unavail­ab­il­ity in the event of oper­a­tions relat­ing to main­ten­ance, test­ing, secur­ity or repair, or of any other nature what­so­ever.

However, the Publisher reserves the right, without prior notice or compens­a­tion, to tempor­ar­ily or perman­ently close down the Website or access to one or more Func­tion­al­it­ies, includ­ing in order to perform an update, main­ten­ance oper­a­tions, or modi­fic­a­tions or changes concern­ing oper­a­tional meth­ods, serv­ers and hours of access­ib­il­ity, this list of reas­ons not being exhaust­ive. The Publisher also reserves the option of suspend­ing, inter­rupt­ing or bring­ing a perman­ent end to any access to all or part of the Website in the event of force majeure, as defined by case law, or any other event beyond its control.

The User acknow­ledges the Publish­er’s right to choose and/or change the infra­struc­ture and/or the coun­try where the Website is hosted as it sees fit.

19.2 Faults – Malfunc­tions. The Publisher does not guar­an­tee that the Website will be free from faults, errors or bugs, or that these can be recti­fied, or that the Website will func­tion without inter­rup­tion or fail­ure, or that it is compat­ible with partic­u­lar hard­ware or partic­u­lar settings.

Under no circum­stances can the Publisher be held liable for tech­nical prob­lems attrib­ut­able to third parties, partic­u­larly in the event of malfunc­tions attrib­ut­able to third-party soft­ware, regard­less of whether or not they are incor­por­ated into the Website or provided there­with, or for issues related to commu­nic­a­tion or unavail­ab­il­ity of the Website due to tech­nical prob­lems beyond the Website’s control, whether due:

– To the User’s equip­ment;

– To the Inter­net service provider;

– To the User’s host provider;

– Or gener­ally to a force majeure event.

The User further declares that he/she is aware of the nature and limit­a­tions of the Inter­net, partic­u­larly its tech­nical perform­ance, the response times for view­ing, query­ing or trans­fer­ring data and the risks related to the secur­ity of commu­nic­a­tions. Users will be respons­ible for monit­or­ing possible devel­op­ments in comput­ing and data trans­mis­sion resources at their disposal in order to adapt them to devel­op­ments in the Website.

Article 20 – Publish­er’s liab­il­ity.

The Publisher cannot be held liable for loss or harm of any kind (includ­ing loss of profit or of oppor­tun­ity, etc.) which may result from changes and/or any tempor­ary or perman­ent, total or partial, unavail­ab­il­ity of the Website or of any Func­tion­al­ity, whatever the origin or source. More broadly, except in the event of wrong­do­ing on its part, the Publisher is not liable under any circum­stances for loss or harm of any kind (includ­ing loss of profits or of oppor­tun­ity, etc.) which might result from the use of the Website, includ­ing loss of data, includ­ing Personal Data, intru­sion, virus, suspen­sion of service and/or Func­tion­al­it­ies, fraud­u­lent use of a bank card, etc.

In the event of improper use or illegal exploit­a­tion of the Website by a User, the User shall bear sole liab­il­ity for any damage of any kind caused to third parties and to the Publisher, and for any result­ing consequences, claims and/or action.

Further­more, Sodexo will not be liable in the event of “force majeure” situ­ations as defined by applic­able laws and French case law.

Article 21 – Cook­ies

Some of the User’s inform­a­tion may be collec­ted when access­ing this Website for the purposes of person­al­ising and improv­ing the User’s exper­i­ence. For more inform­a­tion, the User is invited to consult our Cookie Manage­ment Policy.

Article 22 – Dura­tion and Termin­a­tion.

This agree­ment is entered into for an indef­in­ite term and remains in full force and effect as long as the User uses the Func­tion­al­it­ies or keeps his/her personal account.

The Publisher reserves the right to take all neces­sary meas­ures, includ­ing the removal of a personal account, without having to give any reason or notice, under­take any form­al­it­ies or pay any compens­a­tion to the User in the event of a bind­ing court decision, force majeure event, breach of these GTCU or the law, or suspec­ted fraud.

The Publisher will notify the User by any appro­pri­ate means of the meas­ure taken and the reas­ons for taking such a decision. The User’s personal account will no longer be access­ible from the date of termin­a­tion and all Func­tion­al­it­ies will be imme­di­ately suspen­ded. Such termin­a­tion will take place without preju­dice to any damages that might be claimed as compens­a­tion for the loss or harm suffered as a result of such breaches.

At the time of termin­a­tion, the rights and licences gran­ted to the User will be termin­ated and the User will cease all use of the Website. The User will not be entitled to any compens­a­tion.

Article 23 – Hyper­links

This Website may contain links (includ­ing hyper­links) to other websites or applic­a­tions that are not under the Publish­er’s control. The Publisher is not liable for the content of these sites or applic­a­tions, the links they contain, or for any changes or updates made to them. It is not possible to create a hyper­link to third-party websites without the express author­isa­tion of the Publisher. Under no circum­stances may the Publisher be held liable for the creation of a hyper­link on this Website.

Article 24 – General provi­sions

24.1. Changes to the GTCU. The Publisher reserves the right to change, supple­ment or update all or part of the GTCU at any time, partic­u­larly in order to comply with any legis­lat­ive, regu­lat­ory, tech­nical and case-law changes that may arise. In such cases, the applic­able provi­sions will be those in force on the date they are put online and they will be enforce­able on the date of use of the Website by the User.

24.2. Entire agree­ment. If any one of the clauses hereof (in full or in part) proves unlaw­ful, invalid or inap­plic­able, the other provi­sions remain in force. The invalid or unen­force­able portion will be replaced by a valid provi­sion having the same legal effect.

24.3. Toler­ance. The fact that the parties do not exer­cise rights recog­nised as theirs pursu­ant hereto may not in any event be inter­preted as a waiver of the enforce­ment of said rights.

24.4. Agree­ment on evid­ence. It is expressly agreed that, barring an obvi­ous error estab­lished by the User or by the Publisher, the data stored in the Publish­er’s inform­a­tion system has probat­ive value. The data on computer or elec­tronic media retained by the Publisher consti­tute evid­ence and, if they are furnished as evid­ence in any litig­a­tion or other proceed­ings, they will be admiss­ible, valid and enforce­able between the parties in the same way, under the same condi­tions and with the same probat­ive value as any docu­ment that is drawn up, received or retained in writ­ing.

Trans­lated into English for inform­a­tion purposes only. In the event of a dispute, the French version shall take preced­ence.

092021