General Terms and Conditions of Use

Recitals

1. Accor SA is the leading hotel and tourism provider in Europe, with over 4,000 hotel establishments worldwide, including hotel restaurants.

2. As part of its business, Accor SA operates the https://restaurants.accor.com [https://restaurants.accor.com] website (hereinafter the 'Website').

3. The purpose of this website is to bring participating Accor Group hotel restaurants into contact with Customers, in particular to enable the latter to make online reservations. These General Terms and Conditions of Use govern the manner in which Accor SA brings the hotel restaurants into contact with Customers, as well as the terms and conditions regarding online reservations that apply to the Accor Group hotel restaurants registered on this website.

4. The Customer represents that it has obtained all necessary information and advice from the Accor SA website to make the choices in question.

5. Any reservation via the Website presupposes that the Customer has consulted and fully and unreservedly accepts these General Terms and Conditions of Use.

6. The Customer accepts these General Terms and Conditions of Use when making the reservation; no reservation is possible without this acceptance.

7. The Customer has the right to save and edit these General Terms and Conditions using the standard features of his/her browser or computer.

8. The Website contains the following information:

the legal notice containing detailed information regarding Accor SA's corporate identity and indicating its name and address, where it is located, its e-mail address and telephone number, its registered office, its individual VAT identification number, its entry number in the register of travel agents and other tour operators and, if different, the address of the establishment responsible for the offer;
the key characteristics of the restaurant and restaurant services available in the hotel concerned;
The average price (starter + main or main + dessert), in the local currency of the restaurant;
availability, if reservations for the restaurant can be made online (NB: this feature is not available if reservations for the restaurant can only be made by telephone);
the terms and conditions regarding modifications to or cancellation of the reservation;
means of payment accepted in the participating restaurant.

9. All information accessible on the Website is presented in both French and English.

10. The Customer represents that he/she has the legal capacity to accept these General Terms and Conditions of Use.

11. The Customer represents and acknowledges that, as a consumer, he/she has specific rights that may not be applicable if the reservations made online via the website are in connection with his/her professional activity.

Definitions

The terms below, whether expressed in the singular or the plural, shall have the followings meanings throughout these General Terms and Conditions:

- « Acknowledgment of receipt » : An e-mail sent by the Website to the Customer containing the reservation confirmation and confirming receipt of the reservation by the Website.
- « Reservation confirmation » : An electronic document indicating the terms and conditions applicable to the reservation, in particular the services reserved, the terms and conditions applicable to the offer selected and accepted by the Customer, the date and time of the reservation, important information concerning the restaurant, its right to modify and/or cancel a reservation, information concerning the after-sales service and the vendor's address to which the Customer may address any complaints.
- « Customer »: A natural person acting for his/her personal or professional needs.
- « E-mail »: Any message in text, voice, sound or image form sent via a public communication network and stored on the network server or in the recipient's terminal equipment until recovered by the latter.
- « Positive double click » : The click is the electronic expression of acceptance; the Customer validates his/her reservation with the first click and confirms his/her agreement with the second click.
- « Hotel » : A hotel establishment operated under the Accor group name and which may have one or several restaurants; all restaurants in the establishment may be referenced on the platform.
- « Online reservation »: A hotel restaurant table reservation generating an electronic reservation confirmation upon acceptance by the Customer of the terms and conditions applicable to the reservation, in particular the services reserved, the terms and conditions applicable to the offer selected and accepted by the Customer, the date and time of the reservation, important information concerning the restaurant, its right to modify and/or cancel a reservation, information concerning the after-sales service and the vendor's address to which the Customer may address any complaints.
- « Restaurant » : A restaurant operated in a hotel under the Accor group name.
- « Participating restaurant » : A restaurant referenced on the platform and offering online reservations.
- « Service »: A hotel restaurant the key characteristics and services of which are presented on the Website.
- « Website »: The electronic service operated by Accor SA on the Internet and accessible at the following address: (https://restaurants.accor.com)[https://restaurants.accor.com]. https://restaurants.accor.com.
- « System » : The technical system enabling online hotel restaurant table reservations.

Purpose

1. These General Terms and Conditions define the rights and obligations of the parties regarding the remote reservation of services offered by Accor SA via its Website.

2. They govern all the stages necessary in enabling the Customer to contact the participating restaurant to make a reservation, as well as the reservation follow-up.

3. The Customer acknowledges that he/she has read and accepted these General Terms and Conditions of Use, accessible on the Website.

4. These General Terms and Conditions also cover the Customer Charter regarding the protection of personal data. By accepting these General Terms and Conditions, the Customer expressly accepts the provisions of said Charter.

Scope of Application

These General Terms and Conditions of Use apply to all reservations made over the Internet via the Website.

Term

1. These General Terms and Conditions of Use shall apply throughout the entire duration of the offer of online services by Accor SA via the Website, and until replaced by new General Terms and Conditions of Use.

2. Accor SA reserves the right to block access to its Website or to the online reservation area, either temporarily or permanently, without notice.

Reservation

1. The Customer selects the reservation conditions presented on the Website.

2. The Customer acknowledges that he/she has acquainted himself/herself with the nature, purpose and terms of the services available on the Website and has requested and obtained all necessary and/or additional information to make the reservation in an informed manner.

3. The Customer is solely responsible for his/her choice of services and their suitability for his/her needs, such that Accor SA may not be held liable in this respect.

4. The Customer shall be deemed to have accepted the reservation upon completion of the reservation process, once the reservation confirmation has been generated.

Reservation Process

1. The Customer must provide the information required in the reservation form prior to making any reservation.

2. The Customer certifies that the information provided is true and accurate.

3. The online reservation process includes the following steps in particular:

- step 1: hotel restaurant search;
- step 2: verification of availability, applicable terms and condition of sale and, if necessary, modification of the selection;
- step 3: completion of the reservation form;
- step 4: consultation and acceptance of the General Terms and Conditions of Use before validating the reservation;
- step 5: validation of the reservation by the Customer.

4. Reservations are made by the Customer via the electronic reservation confirmation generated after acceptance of the reservation terms and conditions, accessible online on the Website and transmitted automatically by e-mail when the reservation is accepted by the Customer.

5. The reservation shall be deemed complete upon receipt of the reservation confirmation by Accor SA and by the Customer.

6. The Customer may contact Customer Services as presented in the 'Customer Services' clause, at any time.

Reservation Acknowledgment of Receipt

1. The Website confirms receipt of the Customer's reservation by promptly sending an e-mail containing the electronic reservation confirmation.

2. The address of the mailbox that sends the reservation confirmation e-mail is (.)@(.).(.).

3. The reservation confirmation e-mail summarises the services reserved, the terms and conditions applicable to the offer selected and accepted by the Customer, the date and time of the reservation, important information concerning the restaurant, its right to modify and/or cancel a reservation, information concerning the after-sales service and the vendor's address to which the Customer may address any complaints

Customer Services

Any complaints regarding a table reservation may be addressed to Customer Services, available from Monday to Saturday from 8 a.m. to 10 p.m. (French time) at the following telephone number: tel.: 09 69 39 44 00 / fax +33 (0)1 61 61 98 39 for France; e-mail for reservations made via the Website: (accor.customercare.fr@acc.accor-customercare.com)[mailto:accor.customercare.fr@acc.accor-customercare.com] The postal address is as follows: Service Clientèle Réservation 2 rue de la Mare Neuve 91021 Evry – FRANCE

tél : 09 69 39 44 00 / fax +33 (0)1 61 61 98 39 pour la France ;
email pour les réservations effectuées sur le Site: accor.customercare.fr@acc.accor-customercare.com

L’adresse postale est la suivante :

Service Clientèle Réservation
2 rue de la Mare Neuve
91021 Evry – FRANCE

Cancellation or modification by the Customer

1. Pursuant to paragraph 12 of Article L. 121-21-8 of the French Consumer Code, the Customer does not have the right of withdrawal provided for in Article L. 121-21 of said Code. 2. The reservation confirmation transmitted upon acceptance by the Customer of the terms and conditions of his/her reservation may specify conditions regarding cancellation and/or modification applicable to the reservation. 3. If specified in the reservation confirmation, the Customer may modify or cancel his/her reservation in the following way: Either by contacting the restaurant directly at the e-mail address or telephone number provided in the reservation confirmation sent by e-mail; Or by clicking on the link provided in the reservation confirmation for this purpose. 4. All reservations are name-specific and may not be transferred to third parties, either for a price or free of charge.

2. The reservation confirmation transmitted upon acceptance by the Customer of the terms and conditions of his/her reservation may specify conditions regarding cancellation and/or modification applicable to the reservation.

3. If specified in the reservation confirmation, the Customer may modify or cancel his/her reservation in the following way:

Either by contacting the restaurant directly at the e-mail address or telephone number provided in the reservation confirmation sent by e-mail;
Or by clicking on the link provided in the reservation confirmation for this purpose.

4. All reservations are name-specific and may not be transferred to third parties, either for a price or free of charge.

Restaurant Code of Conduct

1. The Customer agrees to comply with the Internal Rules and Regulations applicable in the hotels and restaurants in which he/she makes the reservation. In the event of failure by the Customer to comply with a provision contained in the Internal Rules and Regulations, the hotel will be obliged to ask the Customer to leave the establishment with no compensation and/or reimbursement if payment has already been made.

2. The Customer furthermore agrees to behave in decent manner. Thus any immoral or disorderly behaviour will result in the restaurant asking the Customer to leave the establishment with no compensation. The Customer must pay for items consumed before leaving the establishment.

3. Some hotels offer WiFi access enabling Customer to access the Internet, the financial terms and conditions of use of which are determined by the hotel. The Customer shall ensure that the IT resources placed at his/her disposal by the hotel are in no way used to copy or represent in full or in part, to make available or to communicate to the public, works or objects protected by copyright or any similar right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the express authorisation of the holders of such rights, as defined in Books I and II of the French Intellectual Property Code.

4. Should the Customer fail to comply with the aforementioned obligations, he/she risks being accused of an infringement offense (Article L.3352 et seq. of said Code). The perpetrator of such an offence may be ordered to pay a fine of €300,000 and may face a threeyear prison sentence.

5. The Customer shall, moreover, comply with the security policy of the hotel's Internet service provider, including the rules governing use of the security mechanisms implemented in order to prevent any unlawful use of the IT resources, and shall refrain from taking any action harming the effectiveness of such mechanisms.

Liability

1. The Customer is aware that it is not entering into any contract with Accor SA. Accor SA brings participating Accor Group hotel restaurants into contact with the Customer. Accor SA may not be held liable for nonfulfilment or poor fulfilment of the reservation in the event of force majeure or for a reason attributable to a third party or to the Customer, in particular in the event of Internet or service unavailability, impossibility of access to the Website, external intrusion or computer viruses.

2. Any reservation found to be illegal, ineffective, incomplete or fraudulent for a reason attributable to the Customer, shall result in cancellation of the order at the Customer's expense, without prejudice to any civil or criminal proceedings against the latter.

3. The photographs presented on the Website are not contractually binding. While all efforts are made to ensure that the photographs, graphic representations and texts reproduced to illustrate the hotel restaurants presented give as accurate an impression as possible of the restaurant services provided, there may be variations, notably due to changes in furnishings and potential renovations.

4. Accor SA may not be held liable if it is not informed of the Customer's reservation by receipt of the reservation confirmation, or if the restaurant establishments have not received the reservation, due to a technical malfunction in the reservation system.

5. In the event of a malfunction in the technical system the Customer may, however, contact Customer Services as indicated in the 'Customer Services' clause above.

6. Accor SA may not be held liable for disruptions or damage inherent to the Internet and presenting the characteristics of a force majeure event.

7. Hyperlinks may send the Customer to websites other than the Accor SA Website, whose content and proposed services Accor SA may not be held liable for.

Complaints

1. Complaints regarding the non-fulfilment or poor fulfilment of restaurant services must, as the risk of being time-barred, be submitted to Accor SA in writing within eight days after the date of departure from the restaurant, either directly to the establishment concerned or to Customer Services at the contact details indicated above.

2. Accor hotels are operated by companies legally distinct from Accor SA and are therefore solely liable towards Customers for any damages.

3. Any dispute concerning poor performance of the restaurant services or any other action for liability concerning relations between the Customer and the hotel and restaurant establishment in which the reservation was made, must be taken up solely with the latter.

Price and Payment

1. Average reservation prices are indicated for information purposes prior to reservation, on the page presenting the services proposed. These prices are not contractually binding. Only those prices offered in the restaurant itself are authentic.

2. Each restaurant indicates an average price for a starter and main or main and dessert.

3. These indicative prices are expressed inclusive of VAT, in the local currency of the restaurant.

4. All reservations, regardless of how they are made, are payable directly to the restaurant, where restaurant goods and services are consumed, in the local currency of the restaurant, except as stated otherwise in special provisions indicated in the restaurant itself.

5. Average prices include VAT applicable as at the date of the order. In the event, however, of a change in the applicable VAT rate, this shall be automatically updated on the invoice when the service is provided.

6. Any modification or introduction of new statutory or regulatory taxes imposed by the relevant authorities shall be automatically applied to the stated prices on the invoice date.

7. Tarifs may be increased by various taxes according to the city and country in which the hotel restaurant for which the reservation was made is situated. The Customer shall pay the various taxes without disputing them with Accor SA.

Ownership

1. These General Terms and Conditions entail no assignment whatsoever of any property rights, in particular intellectual property rights, over elements belonging to Accor SA in favour of the Customer, who shall refrain under all circumstances from acting in any manner, or performing any action, liable to infringe upon Accor SA's intellectual property rights, either directly or otherwise.

2. In this respect, the content and general structure of the website as well as the trade marks, designs, models, images (animated or otherwise), texts, photographs, logos, graphic design, software and programs, search engines, databases, sounds, videos, domain names, designs and all elements composing the website or any other information appearing therein, without this list being exhaustive, are the sole property of Accor SA or of partners or third parties which have granted it a licence, and are protected by intellectual property rights which are and shall be recognised by the laws in force.

3. Any reproduction and/or representation, in full or in part, of one of the aforementioned elements without the express authorisation of Accor SA, is prohibited and shall constitute, among other things, a punishable infringement pursuant to the French Intellectual Property Code.

Privacy

1. As data controller, Accor SA processes personal data for the purpose of managing and following up sales and reservations.

2. The information processed is disclosed to Accor SA, its commercial partners, its service providers and hotels and restaurants in the Accor group. To this end, the data collected may be transferred to recipients situated in countries outside the European Union that do not have adequate levels of protection, namely Accor group companies, hotels and restaurants; such transfers are necessary for the performance of the reservation contract and in order to benefit from the service.

3. The Customer has the right to access and rectify data concerning him/her, as well as a right of opposition. He/she may exercise his/her rights by writing to data.privacy@accor.com.

4. By validating the online preparation form for his/her stay, the customer accepts the general terms and conditions of the service, and that his/her data be transmitted to the restaurant in which he/she has made a reservation.

5. The mandatory or facultative nature of information to be provided on each personal data collection form is indicated by the presence of an asterisk. If information indicated as mandatory is not provided, the reservation may not be processed or may be delayed.

6. The personal data protection policy may be viewed in the Personal Data Protection Charter

Evidentiary Value

1. Acceptance of these General Terms and Conditions and of the reservation confirmation by means of a positive double click constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.

2. Electronic registers stored and archived in Accor SA's information systems shall be done so in reasonably secure conditions and shall be considered as proof of exchanges, orders and payments between the parties.

Force majeure

1. Force majeure includes any event external to the parties of an unforeseeable and insurmountable nature, which prevents either the Customer or the hotel from fulfilling all or part of their contractual obligations. Force majeure or accidental events shall include those normally recognised as such by French Courts.

2. Neither party may be held liable towards the other party in the event of failure to fulfil its obligations as a result of a force majeure event. The parties expressly agree that force majeure shall suspend the parties' performance of their reciprocal obligations and that each party shall bear the costs incurred as a result.

Dispute Resolution

Accor SA informs the Customer that, in the event of a dispute in connection with these General Terms and Conditions, it may have recourse to a conventional mediation procedure or any other alternative means of dispute resolution

Governing Law

These General Terms and Conditions of Use are governed by French law, without prejudice to any mandatory protective measures applicable in the consumer's country of residence.

Headings

In the event of any difficulty of interpretation resulting from a contradiction between a clause heading and a clause, the heading shall be declared nonexistent.

Invalidity

Should one or more provisions contained in these General Terms and Conditions of Use be found to be invalid or declared as such by application of a law or regulation, or following a final decision by a court with jurisdiction, the other provisions shall remain in full force and effect

Entire Agreement

1. These General Terms and Conditions of Use and the reservation confirmation express all obligations incumbent on the parties.

2. No general or special term transmitted by the Customer may form part of these General Terms and Conditions.

3. The documents forming the parties' contractual commitments are, in descending order of priority, the reservation confirmation and these General Terms and Conditions of Use.

4. In the event of a contradiction between the reservation confirmation and the General Terms and Conditions of Use, the provisions contained in the reservation confirmation shall solely apply to the obligation concerned

Review of the General Terms and Conditions of Use

These General Terms and Conditions of Use may be modified and/or extended at any time by Accor SA. In this case, the new version of the General Terms and Conditions of Use will be published online by Accor SA. The new version of the General Terms and Conditions of Use will automatically apply to all Customers upon publication.