General Terms and Conditions of Sale and Use

General Terms and Conditions of the Lounges

General Terms of Sale and General Terms of Use for the Salons du Pré Catelan and the website https:/leprecatelan.paris.com/les-salles-de-reception-paris

PART I – GENERAL TERMS OF SALE (GTS)

For the purposes of these terms, the following terms, whether singular or plural, shall have the following meanings:

• "Client": any individual acting as a consumer within the meaning of the Consumer Code, i.e., for purposes not related to their commercial, industrial, artisanal, liberal, or agricultural activity;
• "Services": catering and/or services provided directly by the Provider or indirectly via its website.
• "Website": the website https:/leprecatelan.paris.com and any associated portals and URL variations, as applicable.

Article 1 - General Provisions

1.1 The provision of Services is subject to these terms, supplemented by the specific conditions of the Service. These terms prevail over any purchase conditions that might be opposed to them and represent the entirety of the rights and obligations of the parties. They are inseparable, if applicable, from the section "General Terms of Use" below for any reservation and/or order made via the Provider's website.

1.2 The Provider reserves the right to refuse a reservation for events that are electoral, political, or religious in nature if they are incompatible with or may damage the image and common purpose of the Provider or the location where the Services will be performed.

1.3 If any provision of these terms (in whole or in part) is found to be illegal, invalid, or unenforceable, the remaining provisions shall remain in effect.

1.4 The absence of exercising any rights under these terms by the parties shall not be interpreted as a waiver of such rights.

1.5 This document is written in French.

Article 2 - Prices

Prices are quoted in euros, excluding taxes or including all taxes. Prices may be revised at any time without notice. The prices charged are those in effect on the day of the reservation. They are subject to the VAT rates applicable on the day of the service. Any new taxes or charges that may be created or any modification of current charges or taxes will automatically lead to a price adjustment. Prices may also be subject to a differential pricing policy based on capacity management, leading to their variation. It is the Client's responsibility to assess, before confirming the reservation, if the price is acceptable. No disputes regarding the price will be considered subsequently. Prices for additional services or services outside the main services will not be changeable after reservation.

Article 3 - Reservation and Payment Conditions

3.1 The Provider makes these General Terms available on its website so that the Client can review them before making any reservation. Reservations can be made in writing, by email, phone, messaging, or directly on the Provider's website. To make a reservation, the Client must be at least 18 years old and legally capable of contracting. Any fraud that contravenes these General Terms may result in the Provider refusing access to the Services at any time.

3.2 Any reservation signifies acceptance of these terms and becomes effective upon full or partial payment by the Client. In the case of partial payment, the remaining balance must be paid by the Client on the day of the service.

Any order and/or reservation is only definitively recorded by our establishment after receipt of the quote marked "approved" and accompanied by an initial deposit of 40% of the quote amount.

3.3 The exact number of participants must be confirmed in writing no later than 5 business days before the service date. Within this period, the Client may modify the number of participants indicated at the initial reservation within a 10% limit or increase it within the limit of available places.

3.4 Unless expressly stated otherwise in the offer or quote, the payment conditions are as follows:

• A deposit of 40% of the total amount (including taxes) upon acceptance of the quote,
• A second deposit of 50% of the total amount (including taxes) of the updated quote 3 weeks before the service date,
• The remaining balance payable upon receipt of the invoice.

All payments should be addressed to the accounting department of Pré Catelan, 1 route de la Grande cascade, Bois de Boulogne, 75016 Paris.

Payment may be made in cash (within the regulatory limit), by check (drawn exclusively from a bank based in France), credit card, bank transfer, or any other payment method accepted by the Provider. For any payment by credit card, the Client agrees to use only their own personal card. In the case of fraudulent use, the Provider will not be liable. The Client must provide the credit card number, expiration date, and security code for each payment. Remote credit card payments are fully secured by SSL protocol and assured by a specialized secure transaction organization. The transmission of banking data is done via a secure link directly to the said organization’s website. In any case, the unavailability of the electronic payment service will not exempt the Client from their obligation to pay for the chosen Services.

3.5 Any delay in payment will result, after sending a formal notice, in the billing of late payment interest excluding all taxes, equivalent to a rate equal to the European Central Bank's rate plus 10 points. These penalties will apply from the due date of the principal until the effective and full payment. A flat-rate compensation for collection costs of €40 will be due from all professionals in case of late payment (Art. L441-5 of the Commercial Code).

3.6 All services, additional services, and overtime not planned will be subject to additional billing at the end of the service.

Article 4 - Cancellation

4.1 By the Client: In the event of total cancellation of the services:

• More than 30 calendar days before the scheduled date of the services, the Provider will refund the Client the amount already paid without claiming any other compensation.
• From 29 to 7 calendar days before the date of the services: the Client is liable for 65% of the total amount of the cancelled service;
• From 6 to 2 calendar days before the date of the services: the Client is liable for 80% of the total amount of the cancelled service;
• Less than 2 calendar days before the date of the services: the Client is liable for the full amount of the cancelled service.

In case of partial payment at reservation, the Client will receive an invoice equivalent to the remaining amount due for the cancellation.

4.2 By the Provider: In the event of partial or total cancellation of the planned service or its content, caused by the refusal of authorization by public authorities or by any fact beyond the Provider's control, the Provider will refund the Client the amount corresponding to the part of the Service not performed.

The Client cannot claim any expenses, compensation, or damages that may be claimed in this regard and will be responsible for organizing the event at another location.

Article 5 - Internal Regulations

5.1 The Provider will do everything in its power to ensure the proper execution of the Service under the conditions provided at the reservation. The number of participants in the room cannot, under any circumstances, exceed the prescribed safety limit for each room.

When a cloakroom is included in our services, a ticket must be provided upon deposit. The Provider declines any responsibility in case of loss of the ticket. No handbag and/or accessories containing cash and valuables will be accepted.

5.2 Any material or object that could be dangerous for clients or the Provider’s staff will be refused.

5.3 A proper dress code and respectful behavior that does not violate safety rules are required.

5.4 Any violator may be denied access or expelled from the location of the Service without possibility of reimbursement of the price paid. The Provider reserves the right to take any necessary measures.

5.5 For more information, the Client may access, at any time, upon request or on-site, the internal regulations of the Service location.

Article 6 - Confidentiality

The parties agree to maintain strict confidentiality regarding all documents and information that come to their knowledge in the context of the execution of the services.

Article 7 - Intellectual Property

The Provider holds all intellectual property rights related to the brand Le Pré Catelan Restaurant and the website "https:/leprecatelan.paris.com".

Accessible elements, including texts, photographs, images, icons, sounds, are also protected by intellectual and industrial property rights and other proprietary rights. The Client may not reproduce, represent, modify, transmit, publish, adapt, or exploit in any way, in whole or in part, the Provider’s trademarks without prior authorization. Unauthorized use of all or part of the information may result in any appropriate legal action, including an action for infringement.

Article 8 - Responsibilities – Insurance

The Provider declines all responsibility in case of theft or damage to any type of objects or property (personal belongings, hand luggage, equipment, etc.) belonging to the Client or entrusted to them. The Provider will charge the Client for any theft or damage to furniture and property caused in the service location by themselves or a member of the participants. In case of non-performance of contractual obligations, the Provider cannot refund beyond 100% of the ordered service. The Provider declares being insured with a reputedly solvent company for its civil liability up to 8 million euros, including for food poisoning.

Article 9 - Force Majeure

The Provider reserves the right to cancel a Service in the event of force majeure (fire, explosion, pandemic, attack, natural disaster, administrative constraints, etc.). A case of force majeure will be any event as defined by Article 1218 of the Civil Code, meeting the criteria of force majeure, and significantly impacting the realization of the ordered services or the execution of the contract, notably to comply with health control measures implemented by French government authorities. In this case, the amounts paid by the Client will be refunded without the Client being able to claim any additional compensation. It is understood that the Provider is not liable for damages caused by these events.

Article 10 - Legal Information

10.1 Personal Data: The information collected is necessary for processing orders and managing client relations. It is intended for the Provider. In accordance with the Data Protection Act and the General Data Protection Regulation (GDPR), the Client has the right to access, rectify, and delete their personal data. The Client may exercise these rights by contacting the Provider directly at the address provided in these Terms or via email to [email address].

10.2 Disputes: These terms are governed by French law. In case of any dispute, the Client must first seek an amicable resolution with the Provider. If no resolution is reached, the competent jurisdiction is the Paris Court of Commerce.

PART II – GENERAL TERMS OF USE OF THE WEBSITE https:/leprecatelan.paris.com (GTU)

This section of the General Terms and Conditions of Sale and Use of the website https:/leprecatelan.paris.com is intended to define the terms and conditions of making available, accessing, and using the Provider’s website, and is binding on Users.

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

For the purposes of this section, the terms defined below, whether in singular or plural, will have the following meanings:

• "Contribution": All content (photographs, images, information, statements, comments, resumes, cover letters, etc.) that can be published, edited, labeled, shared, deleted, and/or modified on the Website by the User;
• "GTU": These general terms of use;
• "Publisher": The company or companies publishing the website mentioned in the Legal Notices;
• "Website": The web site (https:/leprecatelan.paris.com/les-salles-de-reception-paris) and related portals and URL variations if applicable;
• "User": Any person accessing the website, such as the Client, visitors, etc.;
• "Functionality": Services made available to the User on the website, as described below;
• "Services": Services offered which may be subject to booking by the User under the conditions presented on the site.

Article 16 – Access to Functionalities

Access to the Functionalities of the website is open to any person browsing the site and is subject to compliance with these terms. The User is informed that they have the ability to save and print these GTU using their browser or computer's standard functionalities. By using the Functionalities, the User acknowledges having received all necessary information from the Provider regarding the Functionalities and unconditionally agrees to the GTU. Any User who accepts the GTU agrees to comply with them scrupulously. Non-compliance with the GTU engages the User's liability and may result in immediate and automatic suspension or termination of access to the website and associated Functionalities. The User is responsible for the use they make of the information provided by the User within the scope of the Functionalities and must consider all warnings contained in these GTU and on the website.

The conditions for accessing and using the Functionalities may be modified without notice by the Provider. The availability of each Functionality depends on the website, and a User may 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 Consult Information on Services: This functionality allows the User to access information related to the Services (e.g., schedules, descriptions and special conditions of the Services, information on offered products, etc.).

17.2 Reservation: The User may request a reservation on the site via the dedicated form. The access and operation conditions for ordering these Services are listed on the website and in these terms. In any case, the User agrees that all information provided to the Publisher (including Personal Data) during registration is at all times sincere, accurate, complete, and up-to-date. The User specifically agrees not to create a false identity intended to mislead the Publisher or any third party and not to impersonate another person. The User agrees to immediately update all information concerning them in the event of a change. If the User provides false, inaccurate, outdated, incomplete, misleading data or data likely to mislead, the Publisher may, immediately and without notice or compensation, suspend or terminate the User’s account and deny them access, temporarily or permanently, to all or part of the Functionalities.

17.3 Receive Notifications and Newsletters: Depending on the choices made during the reservation request, the User may receive notifications and/or newsletters (information letter) from the Provider and/or its commercial partners.

17.4 Submit a Job Application: The User may submit a spontaneous application according to the procedures presented on the Website.

Article 18 – User Contributions

The User agrees that their Contributions comply with all applicable laws and regulations. It is prohibited to publish any Contribution that contains or is likely to contain content that infringes:

• Public order or morals,
• The rights of third parties (right to image, privacy, etc.),
• The intellectual property rights of any third party and/or Sodexo.

In this regard, the User agrees that their Contributions are relevant to the context and must not include subjective, excessive, or insulting evaluations, nor display, directly or indirectly, any sensitive data (racial or ethnic origin, political, philosophical, or religious opinions, trade union membership, health or sexual life data, offenses, convictions, security measures).

The User acknowledges full civil and criminal responsibility for any consequences resulting from the publication of their Contributions on the Website. Additionally, the User guarantees the Publisher against any action, of any nature, that may be brought against them by any interested party for non-compliance with the preceding provisions.

In case of non-compliance by the User with the provisions of this article, Sodexo reserves the right to remove any contentious Contribution from the Website, notwithstanding its right to suspend or terminate without notice, the User’s access to the website.

Article 19 – Conditions for the Provision of the Website

19.1 Availability: Access to the Website is free and open to any User with internet access. All costs related to access, including material, software, or internet connection costs, are solely the responsibility of the User. The User is solely responsible for the proper functioning of their computer equipment and internet access.

The Publisher makes reasonable efforts to ensure continuous availability of the Website, but some Functionalities may have different availability times.

The Publisher cannot be held responsible for the unavailability of the Website due to maintenance, testing, security, repairs, or any other nature.

However, the Publisher reserves the right, without notice or compensation, to temporarily or permanently close the Website or access to one or more Functionalities, especially for updates, maintenance operations, modifications, or changes in operational methods, servers, and accessibility hours, without this list being exhaustive. The Publisher also reserves the right to suspend, interrupt, or terminate access to all or part of the Website in the event of force majeure, as defined by case law, or any other matter beyond its control.

The User acknowledges the Publisher's right to choose and/or modify the infrastructure and/or country where the Website will be hosted.

19.2 Anomalies – Malfunctions: The Publisher does not guarantee that the Website will be free of anomalies, errors, or bugs, nor that these can be corrected, nor that the Website will operate without interruption or breakdowns, nor that it is compatible with specific hardware or configurations.

The Publisher cannot be held responsible for technical problems attributable to third parties, including software malfunctions whether incorporated into the Website or provided with it, or communication problems or Website unavailability due to technical issues outside the Website, such as:

• User’s equipment;
• Internet service provider;
• User’s hosting provider;
• Or generally resulting from a force majeure event.

The User also acknowledges knowing the characteristics and limitations of the Internet, particularly its technical performance, response times for consulting, querying, or transferring data, and security risks associated with communications. It is up to the User to ensure that their IT and transmission means can adapt to the Website's developments.

Article 20 – Publisher's Liability

The Publisher cannot be held liable for any damages of any kind (including loss of profits or opportunities, etc.) that may result from changes and/or temporary or permanent unavailability, total or partial, of the Website or any Functionality, regardless of its origin. More broadly, except in cases of fault, the Publisher is not liable for any damages of any kind (including loss of profits or opportunities, etc.) that may result from the use of the Website, including data loss, including Personal Data, intrusion, viruses, service suspension and/or Functionalities, fraudulent use of a credit card, etc.

In the case of abnormal use or illicit exploitation of the Website by a User, the User remains solely responsible for any damages of any kind caused to third parties and the Publisher and for any consequences, claims, and/or actions that may arise.

Additionally, Sodexo will not be liable in cases of "force majeure" as defined by applicable laws and French case law.

Article 21 – Cookies

Certain User information may be collected when they visit the Website, particularly to personalize and improve their experience. For more information, the User is invited to consult our Cookie Management Policy.

Article 22 – Duration and Termination

This agreement is concluded for an indefinite period and will remain in effect as long as the User uses the Functionalities or maintains their personal account.

The Publisher reserves the right to take all necessary measures, including the deletion of a personal account, without giving reasons, notice, formalities, or compensation to the User, in case of a court decision requiring it, force majeure events, breaches of these GTU or the law, or suspicion of fraud.

The Publisher will notify the User of the measure taken and the reasons leading to 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 be without prejudice to any damages that may be claimed for damages suffered due to such breaches.

Upon any termination, the rights and licenses granted to the User will be terminated, and the User must cease all use of the website. The User will not be entitled to any compensation.

Article 23 – Hyperlinks

The Website may contain links (including hyperlinks) to other websites or applications not under the control of the Publisher, who is not responsible for the content of these sites or applications, the links they contain, or any changes or updates made to them. It is not allowed to create hyperlinks to third-party websites without the Publisher’s express permission. Under no circumstances will the creation of a hyperlink on the Website engage the Publisher's liability.

Article 24 – General Provisions

24.1 Modification of the GTU: The Publisher reserves the right to modify, supplement, or update at any time all or part of the GTU, including to comply with any legislative, regulatory, technical, and case law developments. In this case, the applicable provisions will be those in force on their date of publication and will be enforceable on the date of use of the Website by the User.

24.2 Entirety: If any provision of these GTU (in whole or in part) is found to be illegal, invalid, or unenforceable, the remaining provisions will remain fully in force. The invalid or unenforceable provision will be replaced by a valid provision with the same legal effect.

24.3 Non-Waiver: The failure of the parties to exercise the rights granted to them under these terms shall not be interpreted as a waiver of those rights.

24.4 Proof Convention: It is expressly agreed that, except in the case of a manifest error established by the User or by the Publisher, the data stored in the Publisher’s information system have probative force. Data in computer or electronic form stored by the Publisher constitutes evidence and, if produced as evidence in any contentious or other proceedings, will be admissible, valid, and enforceable between the parties in the same manner, under the same conditions, and with the same probative force as any document that would be established, received, or stored in writing.

Last updated: July 2024

General Terms and Conditions of restaurants

General Sales Conditions and General Terms of Use for Restaurants and Website: https://leprecatelan.paris.com/le-restaurant-du-precatelan

PART I – GENERAL SALES CONDITIONS

For the purposes hereof, the terms defined below, both singular and plural, shall have the following meanings:

• "Client": Any natural person acting as a consumer within the meaning of the Consumer Code, that is, for purposes not related to their commercial, industrial, artisanal, liberal, or agricultural activity.
• "Service Provider": LE PRE CATELAN (Oxygène SAS) responsible for providing the services.
• "Services": Catering and/or services provided directly by the Service Provider or indirectly via its website.

Article 1 - General Provisions

1.1 The provision of Services is subject to these terms and conditions supplemented by the specific conditions of the Service. These terms take precedence over any purchasing conditions that may be opposed to them and express the entirety of the rights and obligations of the parties. They are inseparable, if applicable, from the "General Terms of Use" section below for any reservation and/or order made via the Service Provider’s website.

1.2 The Service Provider reserves the right to refuse reservations for events whose electoral, political, or confessional nature is incompatible with or may harm the image and common purpose of the Service Provider or the venue where the Services will be provided.

1.3 If any provision of these terms (in whole or in part) is found to be illegal, invalid, or unenforceable, the remaining provisions shall remain in effect.

1.4 The failure of either party to exercise any right granted by these terms shall not be interpreted as a waiver of those rights.

1.5 This document is written in French.

Article 2 - Prices

Prices are stated in euros, excluding taxes or including all taxes. Prices may be revised at any time without prior notice. The charged prices are those in effect on the day of reservation. They are subject to VAT rates applicable on the day of the service. Any new taxes or charges created or any modification of current taxes or charges will automatically adjust the prices. Prices may also be subject to a differentiated pricing policy based on capacity management, leading to price variations. It is the Client's responsibility to assess, before confirming the reservation, if the price is acceptable. No disputes regarding the price will be considered thereafter.

Article 3 - Reservation and Payment Conditions

3.1 The Service Provider makes these General Terms available on its website so that the Client can review them before making any reservation. Reservations can be made in writing, via email, phone, messaging, or directly on the Service Provider’s website. Any reservation requires a credit card hold to guarantee it. No amount is charged except in case of no-show or cancellation less than 72 hours before the service. To make a reservation, the Client must be at least 18 years old and legally capable of contracting. Any fraud that violates these General Terms may lead to the Service Provider refusing access to the Services at any time.

3.2 Any reservation is due upon confirmation by email, letter, or electronic flow, and constitutes acceptance of these terms. It becomes effective upon full or partial payment by the Client. In the case of partial payment, the remaining balance must be settled by the Client on the day of the service. On December 31, a partial prepayment is required from the Client at the time of reservation for a minimum amount of 950 euros including VAT per person.

The total balance will be settled on-site based on the services consumed by the Client:

• Increase, subject to availability.
• Decrease:
  • Without penalties if the modification occurs more than 72 hours before the service date.
  • With penalties: the amount of the partial prepayment will be retained by the Service Provider if the modification occurs 72 hours or less before the service date.

The Client cannot claim any reimbursement for costs, compensation, or damages if the Service Provider cannot honor the service on the initial date chosen by the Client, except in cases of force majeure (see Article 9).

3.3 In the case of privatization, the Client will be subject to the General Sales Conditions of the Salons du Pré Catelan.

3.4 Payment may be made by cash (within the regulatory limit), check (drawn exclusively on a bank located in France), credit card, bank transfer, or any other payment method accepted by the Service Provider. When paying by credit card, the Client agrees to use only and personally the card of which they are the holder. In case of fraudulent use, the Service Provider will not be held liable. The Client must provide the number, expiry date, and security code of their credit card for each payment. Remote payment by credit card is fully secured by SSL protocol and handled by a specialized organization in secure online transactions. Data transmission is secured and directly on the said organization’s website. In any case, the unavailability of the electronic payment service will not exempt the Client from their obligation to pay the price of the chosen Services.

3.5 Any payment delay will result, after sending a formal notice, in billing of late payment interest excluding taxes, equivalent to the application of a rate equal to the European Central Bank rate plus 10 points. These penalties will be applied from the due date of the principal to the actual and full payment. A flat-rate compensation of 40 euros will be owed by all professionals in case of late payment (art. L441-5 of the Commercial Code).

3.6 All unforeseen services and additional services will be subject to supplementary billing at the end of the service.

3.7 Gift vouchers and gift boxes The Service Provider offers services subject to availability and capacity. Gift vouchers and gift boxes are non-modifiable, non-exchangeable, and non-refundable. The offer is valid for the services mentioned in the details of the service published online, and any claim regarding a service not included in the offer - including options - will not be accepted. Offers are valid for the period indicated on the gift voucher or gift box at the time of purchase, with the validity period starting from the date of purchase and not from the reservation date on the website. The purchase of the offer is made by the Client; however, they are not necessarily the beneficiary. A reservation, made after purchase, is mandatory for using the offer. Reservations should preferably be made on the restaurant’s website, otherwise by email or phone. The reservation must be made during the validity period of the offer. The beneficiary, with the unique code related to the purchased offer, must reserve their service on the Service Provider’s website. The Service Provider reserves the right to set the availability of services available for consultation at the time of reservation. If this validity period is exceeded, the offer will no longer be valid or refundable and will be considered as fulfilled by the Service Provider. The offer commits the Service Provider to provide the service when it validates the receipt of payment and the reservation registration.

3.8 Delivery terms: For gift boxes, the price paid includes shipping costs, and dispatch is carried out as soon as possible by the Service Provider of Le Pré Catelan to the address specified by the Client.

For gift vouchers and gift checks, confirmation is sent by email upon payment validation by the Service Provider. The exchange voucher will be accessible via this email through a hyperlink. The Client can then download the exchange voucher in PDF format by clicking the link and print it if necessary. They are solely responsible for providing the exchange voucher to the beneficiary. The beneficiary must log in to the restaurant’s website to confirm the date of their visit. In case of difficulties regarding the receipt of the exchange voucher, the Client or beneficiary may contact the Service Provider using the contact information in the purchase confirmation email. If the Client makes an error preventing or delaying the receipt of the exchange voucher, the establishment cannot be held responsible; claims will be treated individually.

Article 4 - Cancellation

4.1 By the Client
The Client must confirm their cancellation by email or phone. In case of a total cancellation of services or no-show by the Client on the agreed date: there is no penalty for cancellations occurring more than 72 hours before the service. For cancellations made 72 hours or less before the service, the credit card hold amount will be charged by the Service Provider.

Gift vouchers and gift boxes are non-modifiable, non-exchangeable, and non-refundable.

4.2 By the Service Provider
In case of partial or total cancellation of the scheduled service or its content, caused by a refusal of authorization by public authorities or by any event beyond the control of the Service Provider (equipment failures, site work, technical incidents preventing the safety of Clients or Staff…), and in all cases beyond the Service Provider’s control, the Client cannot claim any reimbursement for costs, compensation, or damages and will have to organize the event at another venue.

Article 5 - Internal Regulations

5.1 The Service Provider will make every effort to ensure the Service is performed as planned. The number of participants in the room cannot exceed the prescribed safety limit.

5.2 Any equipment or objects that may be dangerous to Clients or the Service Provider's staff will be refused.

5.3 Proper attire and respectful behavior not violating safety rules are required.

5.4 Any violator may be refused access or expelled from the venue of the Service without the possibility of reimbursement of the paid price, with the Service Provider reserving the right to take any necessary actions.

Article 6 - Confidentiality

The parties mutually agree to maintain strict confidentiality regarding all documents and information disclosed in the course of performing the services.

Article 7 - Intellectual Property

The Service Provider is the sole entity authorized to exploit the intellectual property rights related to the Restaurant and the Pré Catelan website. Accessible elements, including texts, photographs, images, icons, and sounds, are also protected by intellectual property and industrial rights and other

PART II – GENERAL TERMS OF USE OF THE WEBSITE

This section of the General Terms and Conditions of Sale and Use of the website aims to define the terms and conditions for making available, accessing, and using the Service Provider's website and is enforceable against Users.

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

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

• "Contribution": All content (photography, images, information, statements, comments, CVs, cover letters, etc.) that can be published, edited, titled, shared, deleted, and/or modified on the Website by the User;
• "T&Cs": These general terms of use;
• "Publisher": The company or companies publishing the website mentioned in the Legal Notices;
• "Website": The website and associated portals and URL variations, as applicable;
• "User": Any person connecting to the website, including Clients, visitors, etc.;
• "Service Provider": Le Pré Catelan Oxygène responsible for providing the services;
• "Functionality": Services provided to the User on the website, as described below;
• "Services": Services offered which may, in particular, be subject to reservation by the User under the conditions presented on the said site.

Article 16 – Access to Functionalities

Access to the Functionalities of the website is open to anyone navigating the site and is subject to compliance with these terms. The User is informed that they can save and print these T&Cs using the standard functions of their browser or computer. By using the Functionalities, the User acknowledges having obtained all necessary information regarding the Functionalities from the Service Provider and agrees, without reservation, to the T&Cs.

Any User commits, after accepting the T&Cs, to comply strictly with them. Non-compliance with the T&Cs engages the User's liability and may lead to immediate and automatic suspension or permanent and automatic termination of access to the website and the associated Functionalities.

The User is responsible for the use they make of the information provided by the User in the context of the Functionalities and must consider all warnings contained in these T&Cs and on the website.

Access and use conditions for the Functionalities may be modified without notice by the Service Provider. The availability of each Functionality depends on the website, and a User may therefore not have access to all or part of the Functionalities listed below.

Article 17 – Functionalities

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

17.1 Consulting Information on Services. This functionality allows the User to access information related to Services (e.g., hours, descriptions and specific conditions of the Services, information about the products offered, etc.).

17.2 Reservation. The User can book Services on the website. The access and operation conditions for booking these Services are listed on the website and in these T&Cs. In any case, the User agrees that all information provided to the Publisher (including Personal Data) during registration is always truthful, accurate, complete, and up-to-date. The User particularly agrees not to create a false identity that might mislead the Publisher or any third party and not to impersonate another person. The User agrees to immediately update, in case of modification, all information concerning them. In the event that the User provides false, inaccurate, outdated, incomplete, misleading, or deceptive data, the Publisher may, immediately and without notice or compensation, suspend or terminate the User's account and deny them temporary or permanent access to all or part of the Functionalities.

17.3 Receiving Notifications and Newsletters. Depending on the choices made during the reservation, the User may receive notifications, which may include commercial ones, and/or newsletters (information letters) from the Service Provider and/or its commercial partners.

17.4 Submitting an Application. The User can submit a spontaneous application according to the procedures presented on the Website.

Article 18 – User Contributions

The User agrees that their Contributions comply with all applicable laws and regulations. They are prohibited, without this list being exhaustive, from publishing any Contribution whose content would or could infringe:

• Public order or morals,
• Third-party rights (right to image, privacy, etc.),
• Intellectual property rights of any third party and/or Sodexo.

In this regard, the User agrees that their Contributions are relevant to the context and must not include subjective assessments that are excessive or insulting, nor disclose, directly or indirectly, any data considered sensitive (racial or ethnic origin, political, philosophical or religious opinions, union membership, health or sexual life data, offenses, convictions, security measures).

The User agrees to assume all civil and criminal liabilities resulting from the publication of their Contributions on the Website. Furthermore, the User guarantees the Publisher against any action, of any nature, that may be taken against it by any interested party for non-compliance by the User with the above provisions.

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

Article 19 – Website Availability

19.1 Availability. Access to the Website is free and open to any User with internet access. All costs related to access, including hardware, software, or internet access fees, are the sole responsibility of the User. They are solely responsible for the proper functioning of their computer equipment as well as their internet access.

The Publisher implements all reasonable means to ensure continuous availability of the Website, but certain Functionalities may have different availability times.

The Publisher is not responsible for the unavailability of the Website due to maintenance, testing, security, repair, or any other nature of operations.

However, the Publisher reserves the right, without notice or compensation, to temporarily or permanently close the Website or access to one or more Functionalities, including to perform updates, maintenance operations, modifications, or changes in operational methods, servers, and accessibility hours, without this list being exhaustive. The Publisher also reserves the right to suspend, interrupt, or permanently terminate access to all or part of the Website in case 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 modify at its discretion the infrastructure and/or the country where the Website will be hosted.

19.2 Anomalies – Malfunctions. The Publisher does not guarantee that the Website will be free of anomalies, errors, or bugs, nor that they can be corrected, nor that the Website will function without interruption or failures, nor that it is compatible with any specific hardware or configuration.

The Publisher cannot be held liable for technical problems attributable to third parties, particularly in the event of malfunctions attributable to third-party software, whether or not incorporated into or provided with the Website, or communication problems or unavailability of the Website due to technical issues outside the Website, including:

• User's hardware;
• Internet Service Provider;
• User's hosting provider;
• Or generally due to a force majeure situation.

The User also acknowledges the characteristics and limitations of the Internet, particularly its technical performance, response times for consulting, querying, or transferring data, and the risks related to communication security. The User is responsible for ensuring that their IT and transmission resources can adapt to the evolution of the Website.

Article 20 – Publisher’s Liability

The Publisher cannot be held responsible for any damages of any kind (including loss of profits or opportunities, etc.) resulting from changes and/or temporary or permanent unavailability, whether total or partial, of the Website or any Functionality, regardless of the cause or origin. More broadly, except in the case of fault on its part, the Publisher is not liable for any damages of any kind (including loss of profits or opportunities, etc.) that may result from the use of the Website, including, but not limited to, loss of data, including Personal Data, intrusion, viruses, service and/or Functionality suspension, fraudulent use of credit cards, etc.

In the event of abnormal use or illicit exploitation of the Website by a User, the latter remains solely responsible for any damages of any kind caused to third parties and the Publisher and the consequences, claims, and/or actions that may result from it.

Furthermore, Sodexo shall not be liable in the event of "force majeure" as defined by applicable laws and French case law.

Article 21 – Cookies

Certain information from the User may be collected when they visit the Website, notably to personalize and improve their experience. For more information, the User is invited to consult our Cookie Management Policy.

Article 22 – Duration and Termination

This agreement is concluded for an indefinite period and will remain in effect as long as the User uses the Functionalities or maintains their personal account.

The Publisher reserves the right to take all necessary measures, including the deletion of a personal account, without having to provide reasons, notice, formalities, or compensation to the User, in the event of a judicial decision requiring it, force majeure events, breaches of these T&Cs or the law, or in case of suspicion of fraud.

The Publisher will notify the User of the measure taken and the reasons leading to such a decision by any appropriate means. The User’s personal account will no longer be accessible from the termination date, and all Functionalities will be immediately suspended. Such termination will be without prejudice to any damages that may be claimed for damages caused by such breaches.

Upon termination, the rights and licenses granted to the User will be terminated, and the User must 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 not under the Publisher’s control, who is not responsible for the content of these sites or applications, the links they contain, or any changes or updates made to them. It is not possible to create a hyperlink to third-party websites without the Publisher’s express permission. In no case will the creation of a hyperlink on this Website engage the Publisher’s liability.

Article 24 – General Provisions

24.1 Modification of T&Cs. The Publisher reserves the right to modify, complete, or update at any time all or part of the T&Cs, notably to comply with any legislative, regulatory, technical, and jurisprudential developments. In this case, the applicable provisions will be those in effect at the date of posting and will be enforceable on the date of use of the Website by the User.

24.2 Entirety. If any of the provisions of these T&Cs (in whole or in part) are found to be illegal, invalid, or unenforceable, the other provisions will remain fully in force. The invalid or unenforceable part will be replaced by a valid provision with the same legal effect.

24.3 Non-Waiver. The absence of exercise by the parties of the rights recognized by these terms cannot be interpreted as a waiver of those rights.

24.4 Proof Agreement. It is expressly agreed that, except in the case of manifest error established by the User or by the Publisher, the data stored in the Publisher's information system have evidentiary value. Data on computer or electronic media stored by the Publisher constitute evidence, and if produced as evidence in any litigation or other procedure, they will be admissible, valid, and enforceable between the parties in the same manner, under the same conditions, and with the same evidentiary force as any document that would be established, received, or kept in writing.

Last updated: July 2024