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Terms of Use

RESTAURANTS & BARS WEBSITE

LEGAL NOTICE – TERMS OF USE

Date last updated: 18/10/2022

 

1.      Legal Notice

The Restaurants & Bars website (hereinafter the “Website”) is published by Accor, French limited liability company with a share capital of EUR 785,517,132, Trade and Companies Registry no. RCS NANTERRE B 602 036 444, Intracommunity VAT no. FR 93 602 036 444, having its registered office at:

 

Accor SA

Head office

82, rue Henri Farman

CS 20077

92445 ISSY-LES-MOULINEAUX

FRANCE

Tél: +33 (0)1 45 38 86 00

(hereinafter “Accor”).

Accor can be contacted by email at the following address: https://help.accor.com/ or by postal mail at the above address.

The Website’s publication director is: Sebastien Bazin, CEO.

The Website is hosted by :

Amazon Web Services EMEA SARL

38 AV JOHN F KENNEDY L 1855 99137 LUXEMBOURG

 

2.Terms of Use (“ToU”)

 

2.1.   Scope and Purpose

Access to and use of this Website is governed by these ToU, which define the terms and conditions of use of the Website and the relations between Accor and any person who accesses or browses the Website (the “User”). These ToU are available and can be viewed at any time on the Website. The User can also print or download these ToU.

‎The Website allows the reservation for all types of catering, such as breakfast, brunch, lunch, dinner and/or afterwork ("Services") in hotel restaurants or other types of restaurants operated under an ACCOR brand (hereinafter collectively referred to as the "Establishments"). The Users can also view the menus of the Establishments.

The Services and menus are presented on the Website for information purposes, with a description informing the User of the identity of the Establishment, its postal, telephone and electronic contact details, the essential characteristics of the Services offered and, where applicable, the advantages offered to Users.

The Establishments are ranked by default according to geographical area, close to the city centre of the city selected by the User. Users can view this default ranking or use the filters and other sorting options to influence the presentation of search results, which will then rank according to other criteria.

Accor does not receive any money in the ranking of the Establishments. Moreover, the Establishments have no possibility to influence their ranking.

The essential characteristics, availability dates, price range, options offered, to the booking of the Establishments are presented during the reservation process as described in Article 2.2 below.

In this respect, it is noted that each Establishment has its own special terms and conditions applicable to the selected offer also available on the Website (hereinafter, the "Special Conditions") which are brought to the attention of the User prior to any reservation on the Website. In case of contradiction or inconsistency, the present ToU prevail over the Special Conditions.

Accor will make reasonable efforts to ensure that the information and content on the Website is accurate and up to date, but reserves the right to correct and/or modify all or part of the Website and/or the ToU at any time and without notice. Any such changes to the ToU shall take effect on the date posted on the Website and the User’s use of this Website after such changes have been posted will mean that the User accepts and agrees to all such changes. Accor will inform the User of any material changes to these ToU by any means of its choice, including by the display of a banner on the Website.

The applicable ToU are those in effect on the date of browsing the Website. Accordingly, if the User views or browses the Website, the User will be deemed to have read and accepted the ToU in effect and to have agreed to abide by them. If the User do not accept these ToU or any part of them, he/she shall not use or browse the Website.


 2.2.   Reservation Process

The User chooses any Service presented on the Website by following the process provided for this purpose. The reservation process varies according to the User path and request; it includes the following steps:

- Step 1: the input of search criteria for a destination and an Establishment;

- Step 2: the results and selection of an Establishment;

- Step 3: the details and characteristics of the Service selected (number of people, date, Service, time);

- Step 4: the summary of the Service reservation and the indication by the User of his/her contact information: either through identification by means of an existing account, or by filling in all of the mandatory fields indicated with the possibility of logging in via the ALL-Accor Live Limitless customer account

- Step 5: the acceptance of the reservation of the Services by Accor and the Establishment concerned, by: (i) filling in of the data of the User means of payment, either in the case of pre-payment of the reservation, total, before the confirmation of the Service, or in the case of a request for a guarantee of the reservation of the Services and/or (ii) the consultation and the acceptance of the General Terms and Conditions and of the Special Terms and Conditions relating to the reservation before it is validated by the User;

- Step 6: an email confirming the reservation of the Service(s) is sent to the User summarising the Service reserved, the date of the reservation made.

No payment will be required on the Website to make the reservation. If the User does not honour the reservation (i.e. if the User does not arrive at the reserved time), the Establishment reserves the right to cancel the reservation and to offer the table originally reserved to other customers, without any compensation, on any grounds whatsoever, being granted to the User.


2.3 Prices

Where applicable, the prices related to the reservation of the Services are indicated before, during and after the reservation.

When confirming the reservation of a Service, the total price is indicated to the User in the amount with taxes included in the business currency of the Establishment (which in some cases may be different from the local currency of the Establishment) and is valid only for the period indicated on the Website.

If the payment of the total price of the booked Service is made at the Establishment in a currency other than that confirmed on the reservation, the currency exchange costs are the responsibility of the User. Note that if a conversion of the currency confirmed on the reservation into another currency appears on the Website, it is given only for informational purposes and is not contractual, especially given the possible change of exchange rates between the reservation date and the dates of the Service at the Establishment.

The prices take account of the VAT applicable on the day of the reservation and any change of the applicable VAT rate will be automatically reflected in the price indicated on the billing date.

Any modification or introduction of new legal or regulatory fees imposed by the competent authorities will automatically be reflected in the price indicated on the billing date.

 

2.4 Payment

 

2.4.1 General provisions

The User provides his/her payment information (i) to pre-pay for the reservation of the Service, (ii) as a guarantee of the reservation, indicating directly, in the area provided for such a purpose (secure entry by SSL encryption) when it is a credit card: the credit card number, without spaces between the figures, its date of validity (it is noted that the bank card used must be valid at the time of the execution of the Service) and the security code as part of a pre-payment on the payment platforms mentioned below.

ACCOR has chosen RESDIARY as its service provider, which itself has chosen Stripe to secure online payments by bank card. The credit card of the User is examined for its validity by these partners and can be refused for several reasons: card stolen or blocked, limit reached, input error, etc. In the event of any problem, the User will have to approach his/her bank and the Establishment or any other entity to confirm his/her reservation of the Service and payment method.

The online payment methods (cards, wallet, etc.) available and mentioned on the payment page of the Website are subject to change.

In the event of payment to the Establishment or any other entity, each Establishment or any other entity may accept different means of payment, but the User must present the credit card to the Establishment that they used to guarantee the reservation or make the pre-payment. The Establishment may also ask the User to present an identification document for the purpose of credit card fraud prevention.

The User must expressly request the invoice from the Establishment concerned in the event of a debit for a reservation not honoured.

2.4.2 Prepayment

Prepayment means any payment made at the time of reservation by the User.

At the time of pre-payment, the amount that is debited at the time of reservation of the Service includes the total amount indicated at the time of reservation (including all applicable taxes).

2.4.3 Bank guarantee

The guarantee of the reservation by credit card means any collection of the User's payment details at the time of reservation. The User's credit card is not debited and the payment for the meal is made directly to the Establishment on the day of the Service, unless the User does not show up at the Establishment and has not previously cancelled the reservation in accordance with the Establishment's cancellation policy.

2.4.4 No-show of the User

If the User does not show up on the day of the reservation, the User's reservation will be cancelled in full:

- In the event that the reservation that is the subject of a no-show is a non-cancellable and/or non-refundable reservation, the Establishment will retain, as a deposit within the meaning of Articles 1590 of the French Civil Code and L 214-1 of the French Consumer Code in their current versions, the total amount paid by the User at the time of the reservation.

- In the event that the reservation that is the subject of a no-show is a cancelable and/or refundable reservation guaranteed by credit card, the Establishment will debit the credit card provided at the time of the reservation for the amount including tax indicated at the time of the reservation. The User will not be entitled to any refund or compensation.

At the time of prepayment of a non-cancellable/non-refundable reservation, the deposit amount that is debited includes the total amount indicated at the time of the reservation.


2.5.   Promotional offers proposed by the Establishments listed on the Website

The Website allows the User, if and only if he/she books through the Website, to benefit from promotional offers proposed by the Establishments listed on the Website. Not all Establishments offer promotional offers. The conditions of validity of these promotional offers are explained on the Website by each Establishment. The User undertakes to check the conditions of validity of a promotional offer before making a reservation on the Website and may not under any circumstances claim the benefit of a promotional offer from the Establishment outside the conditions of validity as explained on the Website, and/or outside the reservation procedure with a promotional offer.


2.6.   Intellectual Property

The Accor brand, and all trademarks, whether figurative or not, and in general, any other distinctive signs featured on the Website, whether registered or not (the “Trademarks”) are and shall remain the exclusive property of Accor or are under license to Accor. No right or license is granted to the User in respect of the Trademarks.

The Website and all graphics, texts, visuals, and photographs featured therein, including any illustrations, images, designs, pictures, characters, written materials, décors, presentation methods, data access methods, databases or other organization of data, graphic or other components of the Website (hereinafter the “Content”) are and shall remain the exclusive property of Accor or are under license to Accor and are protected by intellectual property rights. No right or license is granted to the User in respect of the Content.

Under no circumstances whatsoever may the Trademarks, the Website and/or the Content be modified, reproduced, performed, transmitted, distributed, displayed, sold, or incorporated into a derivative or other work, in whole or in part, in any medium whatsoever. More generally, the Trademarks, the Website and its Content are provided for the User’s personal and private, non-commercial use. Any use of all or part of the Trademarks, the Website and/or the Content, in particular by downloading, reproduction, transmission, performance or display for any purposes other than those contemplated in these ToU is strictly prohibited.

Subject to compliance with these ToU, Accor grants Users a personal, non-exclusive and non-transferrable right to access and use the Website, the Content and/or the Trademarks solely and exclusively for Users’ personal and private, non-commercial use. Accordingly, it is strictly prohibited to:

-         copy, reproduce, perform/display, disseminate, distribute and/or publish, on a permanent or temporary basis, the Website and/or the Content and/or the Trademarks, in whole or in part, by any means or process (including caching, framing, etc.) and on any medium currently known or unknown;

-         create derivative works based on the Website and/or the Content and/or the Trademarks;

-         modify, translate, adapt or arrange, in whole or in part, the Website and/or the Content and/or the Trademarks;

-         disassemble, decompile or reverse engineer the Website and/or the Content;

-         distribute, transmit, retransmit, broadcast, sell, rent, license or operate, in any way whatsoever, the Website and/or the Content and/or the Trademarks, in whole or in part.

 

2.7.   Links to the Website – Links to third-party sites

Creating a hypertext link to the Website or to components of the Website without the express prior written permission of Accor is also prohibited. Permission should be requested by writing to the following address: Accor SA - Head office -DIGITAL FACTORY 82, rue Henri Farman - CS 20077 - 92445 ISSY-LES-MOULINEAUX - FRANCE. This permission can be revoked at any time in Accor’ sole discretion.

Accor reserves the right to request the deletion of any link to the Website that was not, or is no longer, authorized and to claim damages on the basis of the harm thereby sustained.

Sites containing a hypertext link to the Website or to any one of its components may not all be under the control of Accor, which accordingly disclaims any and all liability (specifically editorial) in connection with access to and the content of such sites.

The Website may contain links to other websites or external sources (“Third-Party Sites”). To the extent that Accor has no control over such Third-Party Sites or their content, Accor can provide no assurances concerning their availability or content, and disclaims any and all liability in connection with the content, ads, products, services or other materials available on or from such Third-Party Sites. By providing links to such Third-Party Sites, Accor does not approve, endorse, or make any representation concerning the content of such Third-Party Sites, nor does any such link indicate any association between Accor and the owners and/or authors, designers, managers, administrators or hosts of such Third-Party Sites. These links are provided for information purposes only and you acknowledge that you are solely responsible for any decision by you to activate the links to such Third-Party Sites. Accor also disclaims any and all liability for any actual or alleged damages or losses arising out of or in connection with your use, or reliance on the content, goods or services available on such Third-Party Sites.


2.8.   Liability

The Website and its Content are provided “as is” subject to availability. The User is solely responsible and liable for its use of the Website and the Content, and in particular for complying with its obligations under these ToU. 

Accor does not warrant uninterrupted availability of the Website or its Content, or that the Website or its Content will be error-free. The Website is normally available 24 hours a day, 7 days a week, subject to events of force majeure, the availability of the internet and/or suspensions of the Website due to technical reasons in connection with updates to the Website, Website maintenance or any other technical cause. Accor is under a duty of reasonable care in providing access to the Website under the conditions set forth in these ToU, and in attempting to remedy any malfunction, suspension or interruption of the Website that is brought to its knowledge. The User acknowledges and accepts that Accor may be required to temporarily or permanently suspend access to the Website without notice, in particular for technical and/or maintenance reasons, irrespective of their cause or origin, without this entailing any liability whatsoever for Accor.

It is further specified that the internet and the information and telecommunication systems used to access and use the Website are not error-free or bug-free and that interruptions and failures may occur from time to time. Accor disclaims any and all liability for any inconvenience, loss or damage in connection with the use of the internet, in particular but without restriction, poor transmission and/or receipt of any data and/or information over the internet, the failure of any receiving equipment or lines of communication, any malfunction of the internet preventing the proper operation of the Website and, more generally, any loss or damage arising out of the use of the Website, the internet and information and telecommunication systems. Neither Accor nor its directors or employees shall be liable for any loss or damage, howsoever caused, arising out of a use of the Website, for which the User is solely responsible. It is up to Users to take all appropriate measures to ensure the security of their equipment, data, software or other property, in particular against infection by any virus and/or attempted intrusion of which they might be the victims.

Accor serves as an intermediary between each of the Establishments and the User, which the User recognises and expressly accepts. As such, Accor has a mandate regarding the negotiation, training and marketing of Accor Services at the Establishments. It is noted that the Establishments are operated by legal entities that are distinct from Accor.

The User acknowledges and agrees that in the event of litigation and/or a complaint relating to a stay at an Establishment or the reservation of a Service, the User undertakes to exclusively contact the operating company of the Establishment concerned and that in this respect, the User cannot in any way seek the liability of Accor or any Accor group company for deficiencies attributable to the Establishment. Information concerning the Establishment is available (i) in the booking confirmation e-mail and (ii) on the Establishment's form on the Website.


2.9.   Contact, Customer Service and Complaints

Customer Service is at your disposal to address any claim relating to a Service on the Website.

You can reach us at the Assistance: https://help.accor.com/

Or you may write to us at:

Customer Service for Reservations

2 Rue de la Mare Neuve

91021 Evry – FRANCE

To facilitate the processing of complaints, it is advisable to send the complaints in writing to the Customer Service Department concerning the non-performance or poor performance of the Services within eight (8) days after the date of completion of the Service.

In its relations with the customer service department, the User undertakes to remain courteous and not to make any derogatory comments, in particular with regard to Accor, the Establishments, the entities of its group or its employees or collaborators, in accordance with the rules of common sense and politeness. Accor reserves the right to take all appropriate measures against the User in the event of prejudicial or reprehensible behaviour (in particular unfortunate, malicious or insulting behaviour) with regard to Accor, the Establishments, entities of its group or its employees or collaborators.


2.10.   Personal data and cookies

Users are informed that the Website uses cookies and that Accor processes personal data. In this regard, Users are invited to read Accor’ Cookie Policy available here and Accor’ Privacy Policy available here.


2.11. Miscellaneous

If one or more provisions of these ToU is found invalid or unenforceable under any applicable law or regulation or by decision of a court of competent jurisdiction, it shall be severed, but without this affecting the validity or the enforceability of the remaining provisions.

No failure by Accor at any time to enforce its rights in connection with any provision of these ToU shall operate or be construed as a waiver of such provision or of the right to subsequently enforce that provision and/or of its remedies for such breach.


2.12.   Governing law – Complaints and Disputes

Any request for information, clarification, assistance, or complaint in connection with the Website should be sent to Accor by email or by postal mail to the addresses indicated at the top of this document.

These ToU are governed by, and shall be construed in accordance with, the laws of France. , without hindering the mandatory protective provisions that may be applicable in the country of residence of the User.

In case of any complaint or dispute arising out of or in connection with the application, interpretation or performance of these ToU, the parties shall endeavor to find an amicable solution. Failing amicable resolution of the controversy within a period of two (2) months from receipt by Accor of a written notice of dispute sent to it as indicated above, either party may bring it before the French courts of competent jurisdiction, it being specified that that the User may pursue any alternative dispute resolution method and in particular mediation via the European online dispute resolution platform at: http://ec.europa.eu/odr, which will attempt to amicably resolve it. 

 

(*) Average meal price calculated on the basis of starter and main course or main course and dessert, excluding drinks, menu and promotional offers. The average price is an estimate only, calculated according to the prices provided by the restaurant. Depending on the country, the average price may or may not include all taxes.