GENERAL CONDITIONS OF USE AND SERVICE

Updated: 29 October 2019

These General Conditions of Use and Service (hereinafter, the "T & Cs") apply to the services offered by the company Sas Ste Le Relais Odeon, hereinafter referred to as the "Company", namely a free service, in accordance with the content detailed in these T & Cs for the user, online restaurant table reservation (hereinafter, the “Service” or the “Services”).

The use of our Reservation Service implies the unreserved acceptance of customers reserving a table in (hereinafter, the "User" or the "Users"), to these T & Cs, unless special conditions have been agreed in writing by the Sas Ste Le Relais Odeon Company.

Failing to accept the T & Cs in their entirety, Users are required to refrain from accessing and using the Service.

Any document other than these T & Cs, including catalogs, prospectuses, advertisements, notices, etc. is only informative and indicative and does not constitute a contractual commitment.

These T & Cs are applicable as long as they appear on the platform http://www.relaisodeon.com/index.php. As soon as these T & Cs will no longer be accessible on this platform, they will no longer be enforceable against the Company Sas Ste Le Relais Odeon.

These General Conditions may be revised at any time. As such, a revised version with the date of update will be posted on the platform http://www.relaisodeon.com/index.php (hereinafter, the "Site"). Users will be bound by this revised version, if they continue to use the Services after the revision date of the T & Cs.

The responsibility of the Company Sas Ste Le Relais Odeon cannot be engaged in the event of non-performance or improper performance of the contract due either to the fact of the User, or to the insurmountable and unforeseeable fact of a third party to the contract, or force majeure.

1. SERVICE PROVIDER

Sas Ste Le Relais Odeon with capital of € 40,624, registered with the Paris RCS under number 323 857 268, having its registered office in Paris. VAT number: FR28323857268.

2. SERVICE

1. The Sas Ste Le Relais Odeon Company offers an online reservation service.

2. The use of the reservation module on the restaurant's website in accordance with these General Conditions is free (except for specific mentions under-mentioned in accordance with article 4 of these T & Cs and relating to the particularities of using the service with pre-authorization. banking) for the User.

3. CONDITIONS OF USE OF THE SERVICE

To be able to use the Service, the User must have the capacity to contract, that is to say, at least, be over 18 years of age. To use the Service, the User connects via his Internet browser to the reservation module available on the Site. They register by entering the mandatory information indicated on the form, namely: civil status, last name, first name, email address, mobile phone.

1. The Service cannot be used without the User having completed this prior registration.

2. The User accepts these T & Cs as soon as they register.

3. It is the User's responsibility to ensure the validity of his email address and telephone number.

4. Notifications that the Site's platform sends by email will be deemed to have been delivered and received on the date of transmission of the email.

5. The notifications that the Site's platform sends by SMS will be deemed to have been delivered and received on the date of transmission of the SMS.

6. The User agrees to receive communications by electronic mail from the Company Sas Ste Le Relais Odeon and relating to the reservation, such as confirmation, cancellation, or advice request information.

7. The User agrees to receive communications by SMS from the restaurant and relating to the reservation, such as confirmation, cancellation or opinion request information.

8. The User accepts that this information can be used for statistical analyzes for the Company Sas Ste Le Relais Odeon.

9. A visual or textual description of the Service which turns out to be non-compliant cannot in any way engage the responsibility of the Company Sas Ste Le Relais Odeon, which the User expressly acknowledges.

10. In the event of a reservation with bank pre-authorization or bank prepayment, the prices of the menus and dishes, in accordance with Article L. 112-1 of the Consumer Code, are indicated, in euros all taxes included. The total amount due by the User is indicated on the order confirmation page. The selling price of catering services is that in force on the day of the order. Sas Ste Le Relais Odeon reserves the right to modify the prices at any time, while guaranteeing the User the application of the price in force on the day of the order. An invoice will be sent by the Company Sas Ste Le Relais Odeon to the User.

11. The Allergic User is, in particular in the event of doubt about the ingredients relating to a service offered by the Company Sas Ste Le Relais Odeon, very strongly invited to obtain prior confirmation from the Company Sas Ste Le Relais Odeon, before any reservation.

4. SPECIAL CONDITIONS OF USE OF THE SERVICE WITH BANKING PRE-AUTHORIZATION

The User acknowledges being informed that the company Sas Ste Le Relais Odeon is entitled to request the User's bank details at the time of booking by bank pre-authorization and that the latter reserves the right to retain the User's bank imprint in the event of a reservation not honored by the User or late cancellation by the User, namely less than 6 hours before the scheduled time of the reservation. This imprint will not be debited except in the event of late cancellation or non-honored reservation. The User must provide a payment card whose period of validity is after the reservation.

1. The Company Sas Ste Le Relais Odeon will have previously defined a rate associated with the reservation which will be mentioned on the reservation form before acceptance of these T & Cs by the User. This price corresponds to an amount per cover multiplied by the number of covers in the reservation made by the User.

1.a. In the event of a change in the number of covers in the reservation by the User, this price may increase in the event of an increase in the number of covers or decrease in the event of a decrease in the number of covers. The final price always corresponds to the number of covers multiplied by the amount defined by the Company Sas Ste Le Relais Odeon per cover.

1.b. The request to modify the number of covers must also be made within the time limit set by the Company Sas Ste Le Relais Odeon, ie 6 hours before the scheduled time of the reservation.

2. This pre-authorization will in no case be used as a prepayment by the Company Sas Ste Le Relais Odeon for the service reserved by the User. The sole purpose of the pre-authorization is to guarantee the Company Sas Ste Le Relais Odeon from the arrival of the User and his possible guests. No amount is withdrawn from the User when the reservation is made (During a pre-authorization by debit card, an amount may be placed in escrow by the User's banking establishment, but in no case case will only be paid to the Sas Ste Le Relais Odeon Company). Payment for the service by the User must be made to Sas Ste Le Relais Odeon, by cash (within the limit of the regulatory ceiling), check (drawn exclusively on a bank domiciled in France), credit card or by any other method of payment accepted by the Company Sas Ste Le Relais Odeon.

3. In the event that the number of people arriving at the restaurant is less than the number of covers provided when the reservation is made or after the modification of the number of covers by the User, the difference between the number of covers provided and the The actual number of place settings may be taken by the restaurant from the bank details provided by the User.

4. In case of no-show of the User or part of the guests at the restaurant, all or part of the amount of the pre-authorization may be debited by the Company Sas Ste Le Relais Odeon from the User's account. . This payment will be made at any time after the scheduled time of the reservation.

5. The company Sas Ste Le Relais Odeon using the services of the company Zenchef, the mention of the company Zenchef as initiator of the payment can be specified on the bank account of the User in the event of total or partial non-presentation of the User. and debit, it being understood that the reserved services are offered directly by the Company Sas Ste Le Relais Odeon and not by Zenchef. By using the table reservation service with the Company Sas Ste Le Relais Odeon, the User enters into a contract directly with the Company Sas Ste Le Relais Odeon, Zenchef not being a party to the contract.

6. In the event of expiration, loss, theft, lack of funds on the means of payment provided by the User or technical incapacity preventing the withdrawal of funds, the latter undertakes to pay its debt contracted with the Company Sas Ste Le Relais Odeon by any means made available to the User by the Company Sas Ste Le Relais Odeon, on the day of the reservation Any delay in payment will result, after sending a letter of formal notice, the invoicing of late interest excluding all taxes, equivalent to the application of a rate equal to the rate of the European Central Bank increased by 10 points. These penalties will be applied from the due date of the principal to that of the actual and total payment.

A lump sum compensation for recovery costs of € 40 will be due automatically by all professionals in the event of late payment (art. L441-10 of the Commercial Code).

7. In the event of a reservation with bank pre-authorization, additional information to that required as part of the service for a reservation will be requested from the User, namely: the name of the bank card holder, the type of bank card , the number of the bank card, the expiry date of the bank card as well as the security code of the bank card. Identification by 3DSecure may possibly be requested depending on the bank.

8. The entire reservation process by bank pre-authorization is protected by Zenchef SAS by an SSL security certificate. Bank data is stored by Stripe, a provider of pre-authorization and direct debit technology. The privacy policy in force for the Stripe service comes into effect concerning the storage and security of users (Consultation link: https://stripe.com/fr/privacy )

9. The Sas Ste Le Relais Odeon Company reserves the right to request a pre-authorization after having confirmed or modified a reservation without being obliged to put forward a particular reason.

10. In accordance with article L221-28, 12 of the Consumer Code, the User cannot exercise his right of withdrawal for the provision of catering services and leisure activities which must be provided on a date or period. determined.

11. In the event of a dispute relating to the use of the service with pre-authorization, the cancellation, the modification, or the debit in the event of a no-show, the User must contact the Company Sas Ste. The Relais Odeon.

12. Sas Ste Le Relais Odeon reserves the right to cancel or modify any reservation with pre-authorization validated by the User.

5. SPECIAL CONDITIONS OF USE OF THE SERVICE WITH PAYMENT (ALSO CALLED PREPAYMENT) BANK IMMEDIATE

The User acknowledges being informed that the Company Sas Ste Le Relais Odeon is entitled to request the User's bank details at the time of booking by immediate bank prepayment.

Sas Ste Le Relais Odeon reserves the right to keep the User's bank imprint in the event of a service exceeding the amount prepaid by the User.

This imprint will not be the subject of an additional debit except in the case of additional services during the meal, not specified during the reservation by the User. The User must provide a payment card whose period of validity is after the reservation.

1.b. The request to modify the number of covers must also be made within the time limit set by the Company Sas Ste Le Relais Odeon, ie 6 hours before the scheduled time of the reservation.

2. This prepayment will be used as a payment by the Company Sas Ste Le Relais Odeon for the service reserved by the User. The purpose of the prepayment is to guarantee the Company Sas Ste Le Relais Odeon of the arrival of the User and his possible guests, and the payment of the addition of the meal reserved. The amount agreed in 1 of this article 5 is debited from the User when the reservation is made.

If the bill to be paid by the User and his guests exceeds the amount pre-paid by the User, the payment of the balance by the User must be made to the Company Sas Ste Le Relais Odeon, by cash (in limit of the regulatory ceiling), check (drawn exclusively on a bank domiciled in France), credit card or by any other method of payment accepted by the Company Sas Ste Le Relais Odeon.

3. In the event that the number of people arriving at the restaurant is less than the number of covers provided when the reservation is made or after the modification of the number of covers by the User, the difference between the number of covers provided and the The actual number of covers having been presented will not be reimbursed by the Company Sas Ste Le Relais Odeon.

4. In the event that the User or some of the guests do not show up at the restaurant, the User will not be reimbursed for the sums paid.

5. The Sas Ste Le Relais Odeon Company using the services of the Zenchef company, the mention of the Zenchef company as initiator of the payment may be specified in the User's bank account, it being understood that the reserved services are offered directly by the Société Sas Ste Le Relais Odeon and not by Zenchef. By using the table reservation service with the Company Sas Ste Le Relais Odeon, the User enters into a contract directly with the Company Sas Ste Le Relais Odeon, Zenchef not being a party to the contract.

6. In the event of expiration, loss, theft, lack of funds on the means of payment provided by the User or technical incapacity preventing the withdrawal of funds, the latter undertakes to pay its debt contracted with the Company Sas Ste Le Relais Odeon by any means made available to the User by the Company Sas Ste Le Relais Odeon, on the same day of the reservation. Any delay in payment will result, after the sending of a letter of formal notice, in the invoicing of late interest excluding all taxes, equivalent to the application of a rate equal to the rate of the European Central Bank increased by 10 points. These penalties will be applied from the due date of the principal to that of the actual and total payment.

A lump sum compensation for recovery costs of € 40 will be due automatically by all professionals in the event of late payment (art. L441-10 of the Commercial Code).

7. In the event of a reservation with prepayment, additional information to that required as part of the service for a reservation will be requested from the User, namely: the name of the bank card holder, the type of bank card, the bank card number, the expiry date of the bank card and the security code of the bank card. Identification by 3DSecure may possibly be requested depending on the bank.

8. The entire reservation process by prepayment is protected by Zenchef SAS by an SSL security certificate. Bank data is stored by Stripe, a provider of pre-authorization and direct debit technology. The privacy policy in force for the Stripe service comes into effect concerning the storage and security of users (Consultation link: https://stripe.com/fr/privacy )

9. The Sas Ste Le Relais Odeon Company reserves the right to request a prepayment after having confirmed or modified a reservation without having the obligation to put forward a particular reason.

11. In the event of a dispute relating to the use of the service with prepayment, cancellation, modification, or debit in the event of a no-show, the User must contact the Company Sas Ste Le Relais directly. Odeon.

12. Sas Ste Le Relais Odeon reserves the right to cancel or modify any reservation with prepayment validated by the User.

6. USER'S OBLIGATIONS

1. By entering their 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 transmit exact and true information in particular on his marital status, his name, his first name, his email address, his telephone, necessary for his correct identification (as well as his bank details only in the case of 'a pre-authorization and a bank prepayment).

3. The User undertakes not to:

- use the Service in a manner likely to harm the Company Sas Ste Le Relais Odeon or its partners;

- use part of the Service as a tool that could mislead the Company Sas Ste Le Relais Odeon or to undesirable commercial messages;

- use an automated process or service to access and / or use the Service

- damage, deactivate, overload or deteriorate the Service, nor interfere with its use and enjoyment by anyone.

7. PERSONAL DATA

The Company Sas Ste Le Relais Odeon, and 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 April 27, 2016 on the protection of individuals with regard to the processing of personal data. personal character and 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 its hard drive to allow websites to recognize the User when they are viewed.

When the User consults the Site, the Company Sas Ste Le Relais Odeon, subject to the User's consent, may use cookies, pixel tags and other technologies to collect the following data:

• IP address, connection information, browser type, location, time zone, operating system and other technical information,

• Information about the visit, in particular the websites visited before and after the Site and the products consulted,

• Duration of visits to the pages on the Site and information on the User's interactions with the pages.

The User acknowledges and accepts that the Company Sas Ste Le Relais Odeon, with its agreement, reserves the possibility of installing a "Cookie" in his computer in order to record any information relating to the navigation of his computer on the Site.

The User is informed by these T & Cs that the personal data collected within the framework of the Service, with his consent, is used within the framework of this Service:

- for the purposes detailed in 3.6. and 3.7. which are intended for the exclusive use of the Company Sas Ste Le Relais Odeon, which takes the necessary precautions to preserve, as far as possible, the security of the data.

- for the purpose detailed in 3.8. and more specifically the case of information relating to reservations made by the User in one or more restaurants having contracted with Zenchef, and using the reservation service, certain personal data collected may be used for statistical purposes or behavioral analyzes, in order to to allow the Company Sas Ste Le Relais Odeon to facilitate the estimation of potential no-shows linked to the User's reservations.

By registering, the User consents to the processing of their personal data.

It is specified that the User's personal data cannot be transferred to a country located outside the European economic area.

In addition, the User will be invited when creating his account to give or not his consent to the Company Sas Ste Le Relais Odeon with regard to the use and / or transfer of this information within the framework of partnerships. and this, in accordance with the law, in particular with the aim of providing the User with personalized information and services.

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

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

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

To exercise these rights, the User simply has to make a request by mail to the subcontractor of the Company Sas Ste Le Relais Odeon, ZENCHEF - Privacy 120-122 rue Réaumur 75002 Paris, or to the address e -following email: privacy@zenchef.com.

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

National Commission for Informatics and Freedoms

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

8. INTELLECTUAL PROPERTY

Sas Ste Le Relais Odeon is the only company authorized to exploit the intellectual property rights relating to its restaurant and to the website of the restaurant of which it is the owner.

The accessible elements, in particular in the form of texts, photographs, images, icons, sounds, are also protected by intellectual and industrial property rights and other private rights.

The User may not under any circumstances reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the brands of the Company Sas Ste Le Relais Odeon without its prior authorization. Any unauthorized use, for any reason whatsoever, of all or part of the information may be the subject of any appropriate action, in particular an action for infringement.

9. MODIFICATION OF THE SERVICE

1. The Company Sas Ste Le Relais Odeon reserves the right to modify or suspend the Service or some of its functions without notification of repair, maintenance, improvement or other technical reason and for any reason whatsoever without notice and without obligation to 'have to justify his act.

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 he can exercise by sending a message to the following email address: privacy@zenchef.com.

10. LIMITATIONS OF LIABILITY

1. Sas Ste Le Relais Odeon Company provides the Service “as is”, “with all imperfections” and “as available”. Sas Ste Le Relais Odeon does not guarantee the accuracy or timeliness of the information provided within the framework of the Service. Sas Ste Le Relais Odeon does not grant any express guarantee.

2. Sas Ste Le Relais Odeon does not guarantee in any way and in any way whatsoever the products, services and / or commercial practices of third parties present on its site.

3. In view of the specificities of the Internet network, the Company Sas Ste Le Relais Odeon does not guarantee that its Services will be uninterrupted, free from any error or achieve specific results, the Company Sas Ste Le Relais Odeon not being bound to this regard as an obligation of means.

4. Sas Ste Le Relais Odeon cannot be held liable in the event of damage related to the temporary inability to access one of the Services offered by the Site.

5. All the information contained on the Site may be modified at any time, given the interactivity of the Site, without this being able to engage the responsibility of the Company Sas Ste Le Relais Odeon.

6. In general, the User accepts and recognizes that the reservation is not guaranteed. In this sense, the Company Sas Ste Le Relais Odeon does not guarantee the effectiveness of the Service. The User acknowledges and accepts that the responsibility of the Company Sas Ste Le Relais Odeon is in no way sought in the event of cancellation of a reservation, if the restaurant's establishment was closed, for any reason whatsoever, or again in the event of refusal of service, whatever the cause.

7. The User agrees to exonerate the Company Sas Ste Le Relais Odeon in all cases of liability, damage, loss or expense for any damage or loss caused to property or to third parties originating from any in the use of the Service.

8. The User cannot claim any compensation for any damage he has suffered, including special, indirect, incidental damage including, in particular, loss of data, financial or commercial damage, loss of profits. This limitation of liability also applies if the Company Sas Ste Le Relais Odeon had or should have known of the possibility of such damage.

11. BREACH OF THE T & Cs

In the event of non-performance or non-compliance by the User with one of the obligations and stipulations provided for by these T & Cs, the Company Sas Ste Le Relais Odeon may modify, suspend, limit or remove access to the Service, without that the latter cannot claim any compensation whatsoever. Sas Ste Le Relais Odeon will be entitled to claim compensation intended to compensate for the damage suffered.

12. MISCELLANEOUS

1. All the provisions of these T & Cs apply to the fullest extent permitted by law.

2. If any part of these T & Cs is declared null or inapplicable for any reason whatsoever, the rest will retain its full effect. In this case, the Company Sas Ste Le Relais Odeon undertakes to make every effort to replace the provision that is void or contrary to an imperative or public order provision by an equivalent valid provision which, having regard to the economic limits, legal and commercial, allows to achieve the same objectives as that which was declared null or contrary to a mandatory provision or of public order. The temporary or permanent non-application of one or more clauses of the T & Cs by the Company Sas Ste Le Relais Odeon shall not constitute a waiver on its part of the other clauses of the T & Cs which continue to produce their effects.

3. The Company Sas Ste Le Relais Odeon reserves the right to transfer all or part of the Service, at any time, with or without notice.

4. These General Conditions are personal to the User and the User may not transfer or assign the rights and / or duties resulting from the use of the Service to anyone without the prior written consent of the Company Sas Ste Le Relais Odeon.

5. The Company Sas Ste Le Relais Odeon may immediately terminate these T & Cs or any service with regard to the User or, in general, cease offering the services or any part of them or prohibit them from being available. access, at any time and for any reason whatsoever.

13. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These T & Cs are subject to French law.

In the event of a dispute, the User will first contact Sas Ste Le Relais Odeon to find an amicable solution.

The User is informed that he can in any case resort to conventional mediation in the event of a dispute.

In the absence of an amicable solution, the case will be brought before the competent courts, it being specified that the deadlines for taking legal action are not interrupted during the period of search for such an amicable solution.

In the event of a dispute or dispute, the French courts will have sole jurisdiction and French laws only applicable.

Disputes arising with users registered in the trade and companies register will be submitted to the commercial court where the Company Sas Ste Le Relais Odeon is registered.