GENERAL SALE TERMS OF THE COMPANIES
GENERAL SALE TERMS OF THE COMPANIES
LISTED BELOW AND WEBSITES
« RESTAURANTS-TOUREIFFEL.COM », « PARIS-EXCEPTION.COM »,
Millenia, Restaurants 58 Tour Eiffel on the 1st floor of the Eiffel Tower - Limited Company with capital of €38,112.50 - SIREN 433 155 280, Nanterre Trade and Companies' Register, 42-44 rue de Bellevue – BP 96 – 92100 Boulogne-Billancourt. Telephone: 01.45.55.20.04
Hereinafter referred to as "the Companies providing Services”
1. COMMON TERMS
These general terms apply to all services offered by the Companies providing Services. These terms prevail over any other purchase terms. Any non-contractual contrary or supplementary terms or terms that may not be covered by special terms or by an agreement between the Companies providing Services and the Client are considered as null and unwritten. These General Sale Terms are sent to the Client at the same time as the quote, to enable him to book. Therefore, any booking implies that the Client fully accepts these terms without any reservation. In the event of inconsistency between the provisions appearing in the quote signed by the Client and those appearing in these Terms, the provisions of the quote shall prevail. The booking and/or order of services is reserved for the Client who has fully read these sale terms and accepted them without reservation. From then on, the order entails the full acceptance of these general sale terms and acceptance without any reservation of all their provisions. In order to satisfy the Client, the Companies providing Services may be led to change these general terms as well as their ranges of products.
1.1 Computer and Liberties
The Companies providing Services comply with the laws in force in matter of privacy protection. In particular, their Websites are declared with the National Commission for Information Technology and Civil Liberties (French CNIL) in accordance with the law "Computer and Liberties". As part of the business relationship, the Companies providing Services may solicit the Client by e-mail, for instance, to forward him the confirmation of his order. The Client has a right to access, correct and remove data relating to him (Act no. 2004-804 dated 6 August 2004 relating to the protection of natural persons as regards persona data processing and amending act no. 78-17 dated 6 January 1978 relating to Computer, files and liberties). For this purpose, the Client just has to send a letter to the Companies providing Services to the following address: Paris d’Exception, Millenia, Service Relation Client – CPH 250, 30 cours de l’île Seguin, 92100 Boulogne Billancourt. A copy of the ID Card must be enclosed with the letter. The information required to process the order are marked with asterisks on the websites.
1.2 Booking terms
1.2.1 Availability of services
Bookings for all services are possible according to the availability of the different locations. For certain special dates, hereinafter called "festive dates", these availabilities may be subject to specific terms.
List of festive dates: 14 February, 14 July, 24 December, 25 December, 31 December.
1.2.2 Option management
When booking services, the Client may make one or more options on dates, locations, etc… which entitle to a booking priority for 10 days, without any commitment on either side. If another client wishes to book the same location for the same date, the Companies providing Services shall inform the first client who then has 48 hours to confirm his booking. After this deadline, the option shall automatically be cancelled.
Booking a service is only firm and final after acceptance and signing the quote and paying a security deposit according to the terms below: For an amount of service less or equal to €50,000 incl. of taxes (fifty thousand euros incl. of taxes):
- Payment of a 50% (fifty per cent) security deposit, when ordering,
- Payment of a 40% (forty per cent) security deposit 10 calendar days before the date of the service),
- Payment of the balance on the day of the service.
For an amount greater than €50,000 incl. of taxes (fifty thousand euros incl. of taxes):
- Payment of a 50% (fifty per cent) security deposit, when ordering,
- Payment of a 40% (forty per cent) security deposit 30 calendar days before the date of the service),
- Payment of the balance on the day of the service.
For any online order of "menus", "packages", "special dates", "mixes" and any services excluding "à la carte": the full amount of the client's order shall be immediately paid online by credit card. For "à la carte" services whose final amount is unknown on the day of the order or booking, security deposits are requested upon ordering and are deducted from the total amount of the service. The payment of the balance shall be directly made on site on the day of the service. The amount of these security deposits varies according to the nature of services purchased.
Notwithstanding article 1.5 - "Partial or total cancellation" below, to be processed, applications for changes for groups of more than 10 (ten) persons, must be made in writing or by e-mail and sent to the Booking Department of Companies providing Services at the latest within three (3) business days before the planned service date, and within the limit of more or less 10% (ten per cent) of the amount of the order. Changes aimed at increasing the number of participants are deemed as accepted with a written agreement from the Companies providing Services.
1.5 Cancellation of the order or booking
The Client may partially or totally cancel his order in the following conditions:
Any cancellation must be notified to the Companies providing Services in writing, the date on which the cancellation is received shall prevail to apply the cancellation costs provided for below.
- For a cancellation more than 60 calendar days before the service, no cancellation fee is due by the client, with the exception of a flat-rate sum of €1,000 incl. of taxes (one thousand euros incl. of taxes) for administrative fees as part of a personalised commercial study (privatisations cases).
- For a cancellation between 60 and 31 calendar days before the planned date, a penalty representing 50% (fifty per cent) of the price incl. of taxes of the service is payable by the Client, whatever the amount of the service,
- For a cancellation between 30 and 10 calendar days before the planned date:
- for an amount of the service less or equal to €50,000 (fifty thousand euros incl. of taxes), a penalty representing 50% (fifty per cent) of the price incl. of taxes of the service is due by the Client,
- for an amount of service more than €50,000 (fifty thousand euros incl. of taxes), a penalty representing 70% (seventy per cent) of the price incl. of taxes of the service is payable by the Client.
- For a cancellation less than 10 (ten) calendar days before the date of the service or when the Client does not show on D-day: a penalty representing 100% (one hundred per cent) of the price incl. of taxes of the service is due by the Client; the Companies providing Services reserve the possibility, if any, to re-sell unused seats. In any event, penalties remain in the possession of the Companies providing Services. In the event of cancellation of all services by the Companies providing Services, the amount of the security deposits paid by the client shall be fully refunded to him. However, the Companies providing Services shall not be held liable for any direct or indirect loss that may result from this cancellation.
1.6 Insurance / Liability
Companies providing Services declare they are duly insured with a company known to be solvent for their operating legal liability and, in particular, in case of food poisoning.
1.7 Force Majeure
Companies providing Services reserve the possibility to cancel a service in case of force majeure (fire, explosion, natural disaster, administrative constraints, etc…) or any other event beyond their control.
1.8 Sale prices
Prices are in euros, exclusive of taxes or inclusive of taxes. Prices may be reviewed at any time without advance notice. Invoiced prices are those in force on the day of the order. They are subject to VAT rates in force on the day of the service. Any new taxes or charges that may be created, or any change of the current charges or taxes would automatically lead to a price readjustment. It is up to the Client to estimate if the price is appropriate before validation. No objection concerning the price may be taken into account subsequently.
1.9 Payment methods
Companies providing Services accept interbank transfers, payments in cash in euros, cheques exclusively from a bank agency with address in France, as well as holiday vouchers, certain gift vouchers or credit cards accredited by the booking service or displayed at the reception of the various locations. Services may also be provided against a voucher issued by a company which is strictly accredited by the Companies providing Services.
1.10 Failure to pay
In case of approval upon quote of a payment, any late payment shall fully lead to the invoicing of late payment penalties. Article L. 441.6 of the Commercial Code specifies that late payment penalties are payable without a reminder being required. These late payment penalties shall apply from the date of payability of the principal to the date of effective and full payment. In accordance with the Act for Modernisation of Economy (LME), which came into force on 1st January 2009, the late payment penalty rate applied is 3% per annum. Any partial objection of the invoicing may, in no instance, prove a total failure to pay the service covered by this document. The sole failure to pay accepted shall only concern the amount of the dispute, provided the latter is objectively justified and notified to the Companies providing Services by registered letter with acknowledgement of receipt.
Commercial claims or claims relating to the quality of services provided must be sent to the Service Client, Millenia, Paris d’Exception, CPH 250, 30 cours de l’île Seguin, 92100 Boulogne Billancourt. Any dispute and claim may only be taken into account if they are sent in writing to the Company providing Services within eight days at the most after the end of the service.
1.12 In-house by-laws of certain Companies providing Services
These general sale terms are completed by the in-house by-laws of the various locations of services which the client undertakes to comply with: behaviour, dress code, caution and safety rules, etc…
1.12.2 In-house by-laws for restaurants on the 1st floor of the Eiffel Tower
1) Millenia – Restaurants 58 Tour Eiffel on the 1st floor of the Eiffel Tower shall do its best to ensure the proper performance of the service in the conditions laid down when booking. In no event, Millenia – Restaurants 58 Tour Eiffel on the 1st floor of the Eiffel Tower may be held liable to pay any indemnity or refund in the event of change of the access to the Eiffel Tower or in hours for case of force majeure or instructions given by the Société d’Exploitation de la Tour Eiffel (S.E.T.E).
2) Compliance with Hours:
The guest, or the entire group, must come to the entrance of the Restaurants on the 1st floor of the Eiffel Tower at the planned time. If guests arrive after the service has begun, they may ask for no refund. For private Dinners and Receptions: "Millenia – Restaurants on the 1st floor of the Eiffel Tower" reserves the right to reduce the service by a period equal to the client's delay.
1.13 Sale terms for gift vouchers
Gift Vouchers issued by the Companies providing Services are valid for 6 (six) months from the purchase day. Beyond that, Gift Vouchers may not be refunded or exchanged. Bookings for Gift Vouchers are made subject to availabilities of sites. The invitation card for the site reception must be submitted on the day of the service. Registered bookings may be amended or cancelled in the same terms as the ones stated in article 1.2 of these general sale terms. If clients or beneficiaries are not present on the day of the booking, the Gift Voucher may not be refunded or exchanged. Gift Vouchers are payable 100% upon order and may be sent subject to payment collection. Lost or stolen Gift Vouchers may neither be exchanged nor refunded.
The companies providing services and the Client mutually undertake to keep secret all documents and information they may be informed of as part of the performance of services. Elements accessible on websites, in particular in the form of texts, photographs, pictures, icons, sounds, are also protected by intellectual and industrial property rights and other private rights. Except for explicit provisions set out in this document, the Client may, in no event, reproduce, represent, amend, forward, publish, adapt, on any medium whatsoever, by any means whatsoever, or use in any manner whatsoever, all or part of the websites without prior authorisation of the Companies providing Services. The use of all or part of the information not authorised beforehand by the Companies providing Services, for any reason whatsoever, may be subject to appropriate action, in particular action for infringement.
1.15 Intellectual property
Companies providing Services own all intellectual property rights relating to the companies providing services and brands: Millenia - 58 Tour Eiffel, "RESTAURANTS-TOUREIFFEL.COM", "PARIS-EXCEPTION.COM" which belong to them or whose rights they own. Access to the sites of these companies grants no right to users.
1.16 Customer Service
The Client may contact the Customer Service of the Companies providing Services from Monday to Saturday from 9.00 a.m. to 8.30 p.m. at 01.76.64.14.66.
1.17 Governing law
In the event of dispute or objection, only the French laws apply and French courts alone are competent. Commercial disputes only fall under the jurisdiction of the Commercial or Administrative Court of Paris or of the metropolis.
2 SPECIAL PURCHASE TERMS FOR AUTHORITIES, ASSOCIATIONS, COMPANIES AND TOURISM PROFESSIONALS AND EVENT AGENCIES
These special terms specify the above-presented common terms and apply to authorities (Municipalities, Authorities and local Authorities), Non-profit Associations (including sport and professional associations), companies, tourism professionals and event agencies.
2.1 Sale price
Booking, payment and cancellation terms are the same as those stated in the common terms.
2.2 Catering service or services for groups
In order to guarantee quality catering and quality service to members of a group, the choice of menus shall be made at the time of the order with the Companies providing Services for groups of more than ten (10) persons.
2.3 Payment terms for authorities, associations, companies, tourism professionals and event agencies.
The booking department of Companies providing Services may confirm the order of authorities, associations and companies outside tourism professionals and event agencies through the issuance of a pro-forma invoice and/or e-mail, serving as contract, drawn up based on the number of ordered services and specifying the payment terms.
3 SPECIAL TERMS FOR ONLINE PURCHASE
These special terms specify the above-presented common terms and concern the following sites:
"RESTAURANTS-TOUREIFFEL.COM", "PARIS-EXCEPTION.COM". After choosing a service and/or the service he wishes to book, the Client shall accept these General Sale Terms. The order shall only be finally registered after the last confirmation and after full payment. To order on the websites, the Client shall fill out, according to the indications provided online, a form in which his contact details must appear. Mandatory information is indicated on the websites. The Client must print the e-mail confirming his booking. With this summary, he has the proof of his order. The system checks the proper sending of documents but not their receipt. In the event of non-receipt, it is up to the client to inform the service provider. In no case, the liability of the Companies providing Services may be retained should the Client not receive the confirmation of the order due to his error when entering his contact details. Before he prints any order, the Client must make sure he will be able to have the software and hardware configuration required to print the documents of his order: a computer connected to the Internet with Acrobat Reader, a printer and A4 blank sheets. The Companies providing Services reject any liability in the event of impossibility to print the document due to non-compliance with the above-mentioned software and hardware configuration.
To order, the Client must be at least 18 years old, be legally capable of contracting and using these websites in accordance with these General Terms. The Client is financially liable for the use of websites both in his name and on behalf of third parties, including minors, unless he proves a fraudulent use that is not the result of any fault or negligence from him or any third party using his data on these websites. A fraudulent use or a use that may breach these General Terms, the booking service of these sites, may lead the Companies providing Services to refuse, at any time, access to services offered on the Internet.
3.2 Access to information concerning the Client's order
The Client may, at any time, consult the information concerning his booking details by logging into the "my account" page.
3.3 Order Change / Cancellation / Cancellation fees
No change may be made online. For any change, the Client must contact the departments of the Companies providing Services by telephone. The telephone number is given to the Client in the confirmation e-mail. Once the application for cancellation is registered, the latter is processed as soon as possible by the departments of the Companies providing Services. In case of cancellation by the Client or by the Companies providing Services, the general cancellation terms specified in article 1.3 above shall apply.
3.4 Special payment terms for online sales
- For "à la carte" services.
Security deposits are requested and deducted from the total service amount. The payment of the balance shall be directly made on site on the day of the service. The amount of these security deposits varies according to the services bought and their amount is clearly stated on the websites.
- For all services, outside "à la carte" services: the entire amount of the client's order is immediately paid online by credit card. Additional services consumed on site on the day of the service shall be directly and fully paid on site on the day of the service.
3.5 Validity of services bought online
All services are valid for the booking date chosen by the client. They may not be postponed. All "mixed" services must be used in one time for the booking date(s) chosen by the Client.
3.6 Online payment security
Online payment by credit card is made in an entirely secure environment. Credit cards and payment means accepted for the payment are as follows (non-restrictive list: Visa / American Express / Mastercard and Paypal). Information is encrypted by Paybox. The order ratified by the Client shall only be considered as effective when the payments centres have given their approval. In the event of refusal of said centres, the Client is immediately informed by a message on the screen in which he is invited to contact the Customer department in order to find another payment solution.
3.7 Liabilities and guarantees for the use of websites
The Companies providing Services do not guarantee that the "RESTAURANTSTOUREIFFEL.COM", "PARISEXCEPTION.COM" websites shall be free from anomalies, errors or bugs, nor that the latter may be corrected or that website shall work without interruption or breakdowns, or even that they comply with the hardware or a special configuration other than the one expressly ratified by the Companies providing Services. Companies providing Services are not liable, in any case, for malfunctions attributable to software of third parties, whether these are inserted or not on the sites or provided with them. In no case, shall Companies providing Services be liable for any kind of foreseeable or unforeseeable damage (including loss of profits or opportunity…) resulting from the use or the total or partial impossibility to use the sites. The Client represents he knows the features and limited of the Internet, in particular its technical performance, response time to consult, question and transfer data and risk related to communication security
Withdrawal: In accordance with the Act for Modernisation of Economy and with the enforcement of the European Directive, online purchases of show tickets as well as catering do not benefit from the 14-day withdrawal deadline.
CGV 58TE 2016 03.