1. INTRODUCTION

These terms and conditions (“Terms”) set out the basis on which we will provide restaurant and related services to you (“Client”). In some cases, we will draw your attention to other rules and policies that apply: please familiarise yourself with all relevant information, and ask us if you are unsure about anything. Our aim is always to present information in a way that is clear, fair and honest. We always welcome your comments.

These Terms apply to your bookings/reservations with us in relation to the Establishment, unless you and we agree that other terms will apply. If you are a consumer, you also have certain basic rights at law, and these are not affected by these Terms. All your interactions with us are also subject to our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store and use such information, your rights in relation to your personal information, and what to do if you have a query or complaint about the use of your personal information. We will review these Terms occasionally to ensure they are up-to-date and as clear as possible.

OUR DETAILS

Our details are as follows:

Legal Entity Name: Hotel Cayré SAS

Company number: 552143273

Country of incorporation: France

Registered office address:  4, Boulevard Raspail, 75007, Paris, France

Hotel name: Le Grand Hôtel Cayré.

Hotel address: 4, Boulevard Raspail, 75007, Paris, France

Contact e-mail: reservations@legrandhotelcayre.com

Telephone: +33 1 45 44 38 88

We will refer to ourselves from now on in the Terms as “Le Grand Hôtel Cayré” or as “we” (or by related words such as “us” or “our”).

We will refer to you – whether you are an individual or a group – as “Client” or “you” (and by related words such as “your”).

2. DESCRIPTION OF SERVICES

2.1 Services

• We operate a restaurant under the trade name “Annette” (the “Establishment”) which uses this website http://annetterestaurant.com (the “Site”) to allow for table reservations and other related restaurant services at the Establishment (“Services”).
• Promotional Offers

The Site may allow the User to benefit from certain promotional offers listed on the Site. These Terms will be subject to the conditions, including the validity, of such promotional offers.

2.2 Partner Services

The Establishment enters into partnership and distribution agreements with third-party websites (the “Partners”) to allow the Client to search, select and book tables at the Establishment on the Partner’s site (the “Partner Services”).

Reservations made by the Client via Partner Services are carried out following the steps provided on each Partner’s site and mobile services.

The general terms of use applicable to these Partner Services are available on each Partner’s site.

3. RESERVATION PROCESS

The Client selects any Service presented on the Site or Partner Services by following the booking process provided for this purpose.

• Reservations for the Establishment’s Services can be made by the Client on the Site or via Partner Services.

The Client may make a reservation for the Services on behalf of one or more persons up to a maximum of 7 (seven) people.

For reservations of 8 (eight) or more people, please contact our sales team for terms and conditions at: sales@legrandhotelcayre.com.

• All reservations are considered made as soon as the Client is presented with a confirmation page and/or receives a confirmation email.

4. PRICES AND PAYMENT

4.1 Prices

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

4.2 Payment

• The Client provides his payment information as a guarantee for the reservation, by directly entering, in the space provided for this purpose (securely encrypted SSL entry) when it is a payment card: the payment card number, without spaces between the digits, its expiration date (it is noted that the payment card used must be valid at the time of booking and payment) and the security code as part of a prepayment on the payment platforms mentioned below.
• The Establishment has chosen ADYEN to secure online card payments. The Client’s payment card is checked for validity by these partners and may be refused for several reasons: stolen or blocked card, limit reached, entry error, etc. In case of a problem, the Client must contact his bank and the Establishment or any other entity to confirm his Service reservation and the payment method.
• The online payment methods (cards, wallet, etc.) available and mentioned on the Site’s payment page may include Visa and Mastercard, American Express, etc. This list is subject to change.

4.3 Credit Card Guarantee

• The reservation guarantee is based on the Client’s credit card details, which the Client provided when reserving the Services.
• The Client’s credit card is not debited, except if the Client does not show up at the Establishment and has not cancelled the reservation beforehand according to the cancellation terms.
• Payment for the Services is made directly at the Establishment.

4.4 No-show of the Client

• In case of non-compliance with the cancellation conditions by the Client and no-show for a restaurant reservation (“no-show”), guaranteed by credit card, the Client’s reservation will be fully cancelled and the Establishment reserves the right to deduct from the credit card provided as a guarantee, the amount of twenty-five (25) euros per person, without possible contestation by the Client.

5. CANCELLATION OR MODIFICATION OF A SERVICE RESERVATION

• You can cancel the reservation anytime up to 48 hours before the scheduled booking.
• The cancellation or modification of a Service reservation can be done either directly with the Establishment, whose contact details, including the phone number, are specified in the booking confirmation email or via Partner.

The Establishment reserves the right to cancel/modify your reservation under special circumstances including any force majeure circumstances.

6. Responsibility of the Client

• The Client is solely responsible for their choice of Services on the Site and their suitability for their needs, so the Establishment cannot be held liable in this regard.
• The Client is also solely responsible for the information provided when creating their account and/or booking any Service. The Establishment cannot be held responsible for incorrect or fraudulent information provided by the Client.

Additionally, the Client is solely responsible for the use of their account and any booking made, both in their name and on behalf of a third party, including minors, unless the Client demonstrates that the fraudulent use of their account is not due to any fault or negligence on their part.

In the event of fraudulent use of their account and email address, the Client must inform the Establishment as soon as possible by any means of any security breach or fraudulent use by contacting the Establishment at reservations@annetterestaurant.com.

• The Client agrees to use the Site and the Services in accordance with applicable regulations and commits, in particular, to make a final booking of a Service, pay the price, and comply with the additional conditions (if any) related to it and will be subject to the following conditions:
  • Any irregular, ineffective, incomplete, or fraudulent booking or payment due to a reason attributable to the Client will result in the cancellation of the Service booking at the Client’s sole expense, without prejudice to any action the Establishment might take against the Client;
  • The Client must not invite any person to the Establishment whose behaviour may disrupt the Establishment and/or the stay of other Clients;
  • The Client must not bring any drinks or food from outside sources into the Establishment unless expressly and unequivocally authorized by the Establishment in advance;
  • The Establishment is entirely non-smoking, which means that cigarettes, cigars, and the use of electronic cigarettes are prohibited throughout the Establishment;
  • The Client must not disrupt or interfere with the operation of the Establishment, including its staff, and must not compromise the security of the Establishment or people within it;
  • More broadly, any behaviour contrary to public order, as well as any violation of the Establishment’s internal regulations, will result in the exclusion of the Client from the Establishment at the request of the director and/or any staff member of the Establishment. In case of payment already made by the Client, they cannot claim any compensation and/or reimbursement from the Establishment.
  • In the event of the Client’s exclusion, they agree to pay for the Services consumed before leaving the premises.
  • The Client also agrees to ensure that the IT resources made available by the Establishment (including the Wi-Fi network) are not used to reproduce, represent, make available, or communicate to the public any works or objects protected by copyright or other related intellectual property rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided in the Intellectual Property Code (Code de la propriété intellectuelle) where such authorization is required. The Client must also comply with the security policy of the Establishment’s internet service provider, including guidelines on security measures implemented to prevent illegal use of resources, and refrain from any act compromising the effectiveness of these measures.
  • The Client will be responsible for all damages caused by them and/or their guests within the Establishment and must bear all costs resulting from these damages and/or the violation of the above rules. The Establishment reserves the right to take any necessary measures against the Client.

In the event of the Client’s failure to comply with their obligations hereunder including specific conditions, if any, the Client will be held responsible for any damage caused to the Establishment and Partners. As such, the Client agrees to indemnify the Establishment and Partners against all claims, actions, or proceedings of any kind that may arise and to compensate for all damages and costs related to all claims, actions, or proceedings.

7. RESPONSIBILITIES

7.1 Of the Establishment

• The Establishment may be forced to temporarily suspend the Site without notice, particularly for technical reasons related to maintenance, without incurring liability.
• The Client acknowledges and agrees that the Establishment will not be liable for any inconvenience, incomplete mentions or damage including arising from the use of the internet, including but not limited to:
• Poor transmission and/or reception of data and/or information on the internet;
• Failure of any receiving equipment or communication lines; and
• Any malfunction of the internet network preventing the Site from functioning properly and/or booking the Services.
• The Site may redirect the Client to web links of other sites managed by third parties, for which the Establishment declines any responsibility for the content of these sites and the services offered on them. In this respect, it is expressly noted that Partners are responsible for promoting the offers published on their own sites. The decision to consult third-party websites is therefore the sole responsibility of the Client.

8. FORCE MAJEURE

Establishment shall not be responsible or considered to have failed in its obligations for any non-performance related to a case of force majeure.

The case of force majeure includes, but is not limited to, the following events:

• Act of God;
• Strike, labour walkout or other labour interruption/disputes;
• Riots or civil insurrections;
• Failure of Power;
• Strikes;
• Acts of terrorism;
• War/invasion;
• Embargoes, sanctions, or similar restrictions;
• Damage or destruction;
• Earthquake, hurricane, flood, fire;
• Act of a governmental authority;
• Local, regional, or global threats or epidemic or pandemic of infectious disease(s); and

Notices or travel advisories or alerts issued by a governmental authority or any international agency or organization.Force Majeure Event does not include any party’s failure to pay or reimburse any amounts due hereunder as and when due.

 

9. CONTACT AND COMPLAINTS

You can reach us at reservations@annetterestaurant.com. Alternatively, you can write to us at the contact address of the Establishment. To facilitate the processing of complaints, it is advisable to send complaints in writing and by any means regarding the non-performance or poor performance of the Services within eight (8) days following the date of the Service.

• In their dealings with our teams, the Client agrees to remain courteous, show good sense and politeness, and not make defamatory comments towards the Establishment, its employees, collaborators and partners.

The Establishment reserves the right to take any appropriate measures against the Client in case of detrimental or reprehensible behaviour towards Le Grand Hotel Cayré, the Establishment, or its employees, collaborators and partners.

10. LIMITATION OF LIABILITY

Except where we are not permitted by law to limit our liability, our maximum liability to you will be limited to 2 times the amount paid by you to us for the Services.

In any case, we are not liable for the following:

• losses that were not caused by a breach on our part;
• losses to the extent that they were caused by other people;
• losses that we did not reasonably foresee as being possible;
• business losses, such as loss of profits;
• loss of your luggage.

 

11. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the French Laws and shall be subject to the jurisdiction of the courts of Paris, France.

12. CONTRACT LANGUAGE

These Terms are written in English and have been translated into several foreign languages. In the event of a dispute, the English language shall prevail over any other translation in the event of a dispute, proceeding, difficulty of interpretation, or execution of these conditions, and more generally, regarding the relations between the parties.

13. AMICABLE SETTLEMENT

Before any contentious action, the Establishment and the Client will seek, in good faith, to amicably settle their disputes in relation to these Terms . The Establishment and the Client will meet to confront their points of view and make any useful findings to enable them to find a solution to the conflict between them.

The Establishment and the Client will endeavour to reach an amicable agreement within thirty (30) days from the notification by one of them of the necessity of an amicable agreement, by registered letter with acknowledgment of receipt.

Except to preserve their right of action or to avoid imminent damage, no legal action may be admissible before this procedure of amicable settlement of disputes has been fully respected.

All difficulties relating to the validity, application, or interpretation of the Contract will be submitted, failing amicable agreement, to the jurisdiction of the competent Courts in accordance with French law.

15. MISCELLANEOUS

• The entry of the required banking information and the electronic acceptance of these Terms (including any specific conditions) constitute an electronic contract between the Parties that is binding on them for the use of the Service and the payment of amounts due during the execution of the Service.
• The Terms (including any specific conditions) constitute the entirety of the obligations of the Parties. No other condition communicated by the Client can be incorporated herein.
• In case of contradiction between the specific conditions and the Terms, the specific conditions will be only applicable for the concerned obligation. In case of contradiction between, on the one hand, the general conditions, of any nature whatsoever, of a Partner and these Terms, on the other hand, the provisions of these Terms will be the only ones applicable to the concerned obligation.
• If one or more stipulations of these Terms are deemed invalid or declared as such under a law, regulation, or as a result of a final decision rendered by a competent court, the other stipulations will remain in force to their full extent.
• The Client acknowledges and accepts that Le Grand Hôtel Cayré may assign these Terms and all rights and obligations attached thereto to any third party without the prior written consent of the Client. The Client agrees that this assignment releases Le Grand Hotel Cayré from any future obligation. The Client cannot assign the Terms, nor the rights and obligations attached thereto, to third parties without the prior written consent of Le Grand Hôtel Cayré.