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TERMS AND CONDITIONS OF USE

IMPORTANT: Please read these Terms and Conditions carefully: they set out the terms and conditions of sale that the Customer accepts by ordering the Services. These Terms and Conditions are enforceable in the same way as any other signed written contract. If the Client does not agree with the terms of these Terms and Conditions, the Client is not permitted to make a Booking.

PRESENTATION

Updated: 6 May 2021

These General Conditions of Use (hereinafter, the "GCU") apply to the services offered by the company Tourisme Hospitalet (hereinafter, STH), namely a service, free of charge for the user, of online booking of restaurant tables (hereinafter, the "Service" or the "Services").

The use of our Reservation Service implies the unreserved acceptance of these GCU by the customers reserving a table (hereinafter, the "User" or "Users"), unless special conditions are agreed in writing by STH.

If Users do not accept the TOS in its entirety, they are required to refrain from accessing and using the Service.

Any document other than these GTCU, including catalogues, brochures, advertisements, notices, etc., is for information purposes only and does not constitute a contractual commitment.

These GCU are applicable as long as they appear on the www.restaurant-art-de-vivre.com / reservations.zenchef.com platform. As soon as these GCU are no longer accessible on this platform, they will no longer be enforceable against STH.

These General Conditions may be revised at any time. As such, a revised version with the date of the update will be posted on the platform www.restaurant-art-de-vivre.com / reservations.zenchef.com (hereinafter, the "Site"). Users will be bound by this revised version, if they continue to use the Services after the date of revision of the TOS

1. SERVICE PROVIDER

The company SOCIETE TOURISME HOSPITALET, with a capital of €410,000, registered in the Narbonne Trade and Companies Register under number 382 441 897, having its registered office at CHATEAU DE L'HOSPITALET, RTE DE NARBONNE PLAGE 11100 NARBONNE. VAT number : FR03382441897

2. SERVICE

1. STH offers an online booking service.

2. The use of the reservation module on the restaurant's website in accordance with these General Conditions is free of charge for the User.

3. The User acknowledges that he/she has been informed that STH is entitled to demand a deposit at the time of booking by means of a pre-authorised bank transfer and that STH reserves the right to retain this deposit in the event of a reservation not being honoured by the User or of a late cancellation by the User, i.e. less than 3 (three) hours before the scheduled time of booking.

4. All our prices include VAT

3. CONDITIONS OF USE OF THE SERVICE

To be able to use the Service, the User must have the capacity to enter into a contract, i.e. be at least 18 years old. To use the Service, the User connects via his/her Internet browser to the reservation module available on the Site. He/she registers by entering the mandatory information indicated on the form, i.e. civil status, surname, first name, email address, mobile phone number, etc.

1. The Service cannot be used without the User having first registered.

2. The User accepts these GTUs when he/she registers.

3. It is the User's responsibility to ensure that his or her email address and telephone number are valid.

4. Notices sent by the Site platform by e-mail shall be deemed to have been given and received on the date of transmission of the e-mail.

5. Notifications sent by the Site platform by SMS shall be deemed to have been given and received on the date of transmission of the SMS.

6. The User agrees to receive communications by e-mail from STH relating to the booking, such as confirmation, cancellation and feedback information.

7. The User agrees to receive SMS communications from the restaurant relating to the reservation, such as confirmation information, cancellation information or requests for feedback.

4. OBLIGATIONS OF THE USER

1. By entering his/her information, the User accepts, expressly and without reservation, the terms of these general conditions and any special conditions present on the Site.

2. The User undertakes to provide accurate and true information, in particular concerning his civil status, surname, first name, email address and telephone number, which are necessary for proper identification.

3. The User undertakes not to:

  • use the Service in a way that may harm STH or its partners.
  • use any part of the Service as a tool to mislead STH or to send unwanted commercial messages.
  • use an automated process or service to access and/or use the Service
  • damage, disable, overburden or impair the Service or interfere with any other person's use and enjoyment of the Service.

5. OPENING DAYS AND TIMES

The restaurant L'Art De Vivre is open for lunch and dinner on Sundays from 12:00 to 14:00 and from Tuesday to Saturday for dinner from 19:00 to 22:00

The Wine & Grill restaurant is open for lunch from Monday to Saturday from 12:00 to 14:00 and for dinner on Mondays from 19:00 to 22:00.

The L'Hospitalet Beach restaurant is open from 1 July to 12 September from Tuesday to Sunday for lunch from 12:00 to 14:00 and for dinner from 19:00 to 22:00.

The Bar Le Patio (Château L'Hospitalet) is open every day of the week from 11am to 11.30pm (last order at 10.45pm).

L'Hospitalet Beach Bar is open from 1 July to 12 September from Tuesday to Sunday from 11am to 11.30pm (last order at 10.45pm).

6. GROUP RESERVATION

For all requests for bookings of more than 6 people and for privatisation, as well as for gift vouchers, please send an e-mail to reception.hotel@gerard-bertrand.com.

Your reservation will only be confirmed upon receipt of a confirmation email from us.

Furthermore, we ask you to come back to us, the day before your arrival, by e-mail at reception.hotel@gerard-bertrand.com or by telephone on 04 68 45 28 50, in order to confirm your definitive presence and, if applicable, the number of people present. If you fail to do so, we will consider that you no longer wish to maintain your reservation and we will cancel it.

7. FOOD RESTRAINT

All our dishes contain more or less animal matter. It is essential for us to know as soon as you make your reservation request and at the latest 24 hours before your arrival, if any of your guests suffer from food allergies or intolerances. We do not offer a vegetarian menu.

Without this information, we will not be able to adapt the tasting menu served on the day of your reservation.

8. FORCE MAJEURE

Neither CHÂTEAU L'HOSPITALET nor the Client may be held responsible if the execution of the Reservation is delayed or prevented due to a case of force majeure or an act of God, due to the other party or a third party or due to external causes such as social conflicts, intervention by the civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network or the electricity network.

9. PERSONAL DATA

STH, in strict compliance with the law and regulations in force, wishes to collect certain information. This information is collected in accordance with the provisions relating to the protection of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The Site and/or its partners may store information on the User's computer. This information will take the form of a "Cookie" or similar file.

Cookies" are small pieces of information sent to the User's device and stored on the User's hard drive to enable websites to recognise the User when he/she visits them.

When the User consults the Website, STH, subject to the User's consent, may use cookies, pixel tags and other technologies to collect the following data

  • IP address, login information, browser type, location, time zone, operating system and other technical information,
  • Visit information, including websites visited before and after the Site and products viewed,
  • Duration of visits to pages on the Site and information on User interactions with the pages.

The User acknowledges and accepts that STH, with his or her consent, reserves the right to install a "Cookie" in his or her computer in order to record any information relating to the navigation of his or her computer on the Website.

The User is hereby informed that the personal data collected within the framework of the Service, with his/her consent, are used solely within the framework of this Service and are intended exclusively for STH, which takes the necessary precautions to preserve, as far as possible, the security of the data. By registering, the User consents to the processing of his/her personal data.

It is specified that the User's personal data may not be transferred to a country outside the European Economic Area.

In addition, the User will be asked at the time of creating his/her account whether or not he/she consents to STH using and/or transferring this information within the framework of partnerships, in accordance with the law, in particular in order to provide the User with personalised information and services.

In accordance with the applicable data protection regulations, the User has the right of access, the right of rectification, the right of deletion, the right of restricted processing, the right to obtain a copy of his personal data for his own purposes or to provide them to another data provider of his choice, as well as the right to object to the processing of his personal data when they are processed for direct marketing purposes.

The User may also withdraw his consent at any time if the processing is based on his consent.

All these rights apply to the extent permitted by the applicable data protection regulations.

In order to exercise these rights, the User simply needs to send a request by post to STH's subcontractor, ZENCHEF- Vie privée 120-122 rue Réaumur 75002 Paris, or to the following e-mail address: privacy@zenchef.com.

The User may also exercise his right to lodge a complaint with the national data protection authority by sending his request to the CNIL at the following address

Commission Nationale de l'Informatique et des Libertés

Complaints department

3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07

An online complaint form is available by clicking on the following link: https: //www.cnil.fr/fr/plaintes

10. MODIFICATION OF THE SERVICE

1. STH reserves the right to modify or suspend the Service or some of its functionalities without notice for repair, maintenance, improvement or any other technical reason and for any reason whatsoever without prior notice and without the obligation to justify its action.

2. Once the service is suspended, the service can no longer be used by the User. The User will always have the right to access and rectify this data, which can be exercised by sending a message to the following e-mail address: privacy@zenchef.com.

11. LIMITATIONS OF LIABILITY

1. STH provides the Service "as is", "with all its imperfections" and "as available". STH does not guarantee the accuracy or timeliness of the information provided as part of the Service. STH does not grant any express guarantee.

2. STH does not guarantee in any way whatsoever the products, services and/or commercial practices of third parties present on its website.

3. In view of the specific features of the Internet, STH does not guarantee that its Services will be uninterrupted, free of any error or achieve specific results, STH being bound in this respect only by an obligation of means.

4. STH cannot be held liable for any damage caused by the temporary impossibility of accessing any of the services offered by the Website.

5. All the information contained on the Website may be modified at any time, given the interactivity of the Website, without STH being liable for this.

6. In general, the User accepts and acknowledges that the reservation is not guaranteed. In this sense, STH does not guarantee the effectiveness of the Service. The User acknowledges and accepts that STH will not be held liable in the event of the cancellation of a reservation, if the Third Party Restaurant is closed for any reason whatsoever, or in the event of the refusal of a service, whatever the cause.

The User undertakes to exempt STH in all cases of liability, damage, loss or expense for any damage or loss caused to property or to third parties that originates in any way whatsoever from the use of the Service.

8. The User may not claim any compensation for any damage he may have suffered, including special, indirect or incidental damage, in particular loss of data, financial or commercial loss, or loss of profit. This limitation of liability also applies if STH had or should have had knowledge of the possibility of such damage.

12. BREACHES OF THE GCUS

In the event of non-performance or non-compliance by the User with any of the obligations and stipulations set out in these GCU, STH may modify, suspend, limit or cancel access to the Service, without the User being able to claim any compensation. STH will be entitled to claim compensation for the damage suffered.

13. MISCELLANEOUS

1. All provisions of these TOU apply to the fullest extent permitted by law.

2. If a part of these GCU is declared null and void or unenforceable for any reason whatsoever, the remainder shall retain its full effect. In this case, STH undertakes to make every effort to replace the invalid provision or the provision that is contrary to a mandatory provision or a provision of public order with an equivalent valid provision that, taking into account the economic, legal and commercial limits, allows the same objectives to be achieved as the one that has been declared invalid or contrary to a mandatory provision or a provision of public order.

3. STH reserves the right to transfer all or part of the Service, at any time, with or without prior notice

4. These General Conditions are personal to the User and the User may not transfer or assign the rights and/or duties arising from the use of the Service to anyone without the prior written consent of STH.

14. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GTU are subject to French law and any dispute that cannot be resolved by settlement shall be submitted solely to the French courts.

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