TOS

GENERAL CONDITIONS OF USE AND SERVICE

Updated: August 6, 2019

These General Conditions of Use and Service (hereinafter, the “GTU”) apply to the services offered by the company SASU le Petit Bain, hereinafter referred to as the “Company”, namely a free service, in accordance to 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 entails the unreserved acceptance of customers reserving a table in (hereinafter, the “User” or “Users”), to these T&Cs, except for special conditions granted in writing by the company SASU le Petit Bain.

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

These Terms and Conditions may be revised at any time. As such, a revised version with the date of update will be posted on the platform (hereinafter, the “Site”). Users will be bound by this revised version, if they continue to use the Services after the date of revision of the TOS.

SASU le Petit Bain cannot be held liable in the event of non-performance or poor performance of the contract due either to the User’s fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.

1. SERVICE PROVIDER

SASU le Petit Bain with a capital of €10,000.00, registered with the RCS of Hyères under the number Toulon B 823 586 110, having its registered office at 1550 BD de la Marine 83400 Hyères. VAT number: FR47823586110.

2.SERVICE

1. SASU le Petit Bain offers an online booking service.

2. The use of the reservation module on the restaurant’s website in accordance with these General Conditions is free of charge (except for specific mentions under-mentioned in accordance with article 4 of these GCU and relating to the particularities of use of the service with pre-authorization banking) for the User.

3. TERMS 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 old. To use the Service, the User connects via his Internet browser to the reservation module available on the Site. He registers by entering the mandatory information indicated on the form, namely: marital status, surname, first name, email address, mobile phone.

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

2. The User accepts these T&Cs when he registers.

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

4. Notices that the Site platform sends by e-mail will be deemed to have been delivered and received on the date of transmission of the e-mail.

5. Notifications that the Site 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 e-mail from the Company SASU le Petit Bain and relating to the reservation, such as confirmation information, cancellation, or request for an opinion.

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

8. The User accepts that this information may be used for statistical analyzes for SASU le Petit Bain

9. In the event of 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 owed by the User is indicated on the order confirmation page. The sale price of the catering services is that in force on the day of the order. The SASU le Petit Bain Company 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 SASU le Petit Bain to the User.

10. The User has the possibility of consulting, in written form, in a legible and visible manner, the register of allergens on site, at the restaurant of the Company SASU le Petit Bain or by requesting it by email at the following address: – .

4. SPECIFIC CONDITIONS OF USE OF THE SERVICE WITH BANK PRE-AUTHORIZATION

The User acknowledges having been informed that the Company SASU le Petit Bain is entitled to require the User’s bank details at the time of reservation by bank pre-authorization and that the latter reserves the right to keep the imprint bank account of the User in the event of a reservation not honored by the User or late cancellation by the User, namely less than 3 hours before the scheduled time of the reservation 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 specific date or period.

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 validity period is after the reservation.

1. The Company SASU le Petit Bain will have previously defined a price associated with the reservation which will be mentioned on the reservation form before acceptance of these T&Cs by the User. This rate 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 modification of the number of covers of 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 SASU le Petit Bain per cover.

1.b. The request to change the number of covers must also be made within the time limit set by SASU le Petit Bain, i.e. 3 hours before the scheduled time of the reservation.

2. This pre-authorization will in no way be used as a prepayment by SASU le Petit Bain for the service reserved by the User. The sole purpose of the pre-authorization is to guarantee the Company SASU le Petit Bain from the arrival of the User and any guests. No sum is debited from the User at the time of taking the reservation (During a pre-authorization by debit card, an amount may be placed in escrow by the User’s bank but in no case will be paid to SASU le Petit Bain). Payment for the service by the User must be made to SASU le Petit Bain, by cash (within the limit of the regulatory ceiling), check (drawn exclusively from a bank domiciled in France), bank card or by any other method of payment accepted by SASU le Petit Bain.

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 taken or after the modification of the number of covers by the User, the difference between the number of covers provided and the actual number of covers having presented itself may be deducted by the restaurant from the bank details provided by the User.

4. In the event that the User or some of the guests do not show up at the restaurant, all or part of the amount of the pre-authorization may be debited by SASU le Petit Bain from the User’s account. This payment will be made at any time after the scheduled time of the reservation.

5. The company SASU le Petit Bain using the services of the company Zenchef, the mention of the company Zenchef as initiator of the payment may be specified on the bank account of the User in the event of total or partial non-presentation of the User and direct debit, it being understood that the reserved services are offered directly by SASU le Petit Bain and not by Zenchef. By using the table reservation service with SASU le Petit Bain, the User enters into a contract directly with SASU le Petit Bain, 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 SASU le Petit Bain by any means made available to the User by SASU le Petit Bain, on the day of the reservation. For users registered in the Trade and Companies Register, any late payment will result, after sending a letter of formal notice, invoicing late payment interest excluding all taxes, equivalent to the application of a rate equal to the European Central Bank rate plus 10 points. These penalties will be applied from the due date of the principal to the date of effective and total payment. A lump sum compensation for recovery costs of €40 will be automatically due 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 holder of the bank card, the type of bank card , the credit card number, the credit card expiry date and the credit card security code. Identification by 3DSecure may possibly be requested depending on the banking institution.

8. The entire reservation process by bank pre-authorization is protected by Zenchef SAS by an SSL security certificate. Banking data is stored by the company Stripe, provider of the pre-authorization and direct debit technology. The privacy policy in force for the Stripe service applies regarding storage and user security (Consultation link: https://stripe.com/fr/privacy)

9. SASU le Petit Bain reserves the right to request a pre-authorization after having confirmed or modified a reservation without having the obligation to give a particular reason.

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

The User acknowledges having been informed that SASU le Petit Bain is entitled to require the User’s bank details at the time of booking by immediate bank prepayment.

SASU le Petit Bain 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 event of additional services during the meal, not specified during the reservation by the User. The User must provide a payment card whose validity period is after the reservation.

1. The Company SASU le Petit Bain will have previously defined a price associated with the reservation which will be mentioned on the reservation form before acceptance of these T&Cs by the User. This rate 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 modification of the number of covers of 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 SASU le Petit Bain per cover.

1.b. The request to change the number of covers must also be made within the time limit set by SASU le Petit Bain, i.e. 3 hours before the scheduled time of the reservation.

2. This prepayment will be used as payment by SASU le Petit Bain for the service reserved by the User. The purpose of the prepayment is to guarantee SASU le Petit Bain the arrival of the User and any guests, and the payment of the bill for the reserved meal. The amount agreed in 1 of this article 5 is debited from the User at the time of making the reservation and 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 specific date or period.

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 SASU le Petit Bain, by cash (in the limit of the regulatory ceiling), check (drawn exclusively from a bank domiciled in France), bank card or by any other method of payment accepted by SASU le Petit Bain.

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 taken or after the modification of the number of covers by the User, the difference between the number of covers provided and the actual number of place settings presented will not be reimbursed by SASU le Petit Bain.

4. In the event of non-presentation of the User or part of the guests at the restaurant, the User will not be reimbursed for the sums paid.

5. The company SASU le Petit Bain using the services of the company Zenchef, the mention of the company Zenchef as initiator of the payment may be specified on the bank account of the User, it being understood that the reserved services are offered directly by the Company SASU le Petit Bain and not by Zenchef. By using the table reservation service with SASU le Petit Bain, the User enters into a contract directly with SASU le Petit Bain, 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 SASU le Petit Bain by any means made available to the User by SASU le Petit Bain, on the day of the reservation. Any delay in payment will entail, after the sending of a letter of formal notice, the invoicing of late payment 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 the date of effective and total payment.

A lump sum compensation for recovery costs of €40 will be automatically due 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 prepayment, additional information to that required within the framework of the service for a reservation will be requested from the User, namely: the name of the holder of the bank card, the type of bank card, the credit card number, credit card expiry date and credit card security code. Identification by 3DSecure may possibly be requested depending on the banking institution.

8. The entire reservation process by bank prepayment is protected by Zenchef SAS by an SSL security certificate. Banking data is stored by the company Stripe, provider of the pre-authorization and direct debit technology. The privacy policy in force for the Stripe service applies regarding storage and user security (Consultation link: https://stripe.com/fr/privacy)

9. The SASU le Petit Bain Company reserves the right to request prepayment after having confirmed or modified a reservation without having the obligation to give a particular reason.

10. SASU le Petit Bain is authorized to retain the sums paid by the User when the latter waives the conclusion or execution of the contract, and the User has the possibility of receiving compensation of an equivalent amount, or equal to double in the event of payment of a deposit within the meaning of Article L. 214-1 of the Consumer Code, if it is SASU le Petit Bain, which waives it.

6. USER OBLIGATIONS

1. By entering his 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 concerning his marital status, his surname, his first name, his email address, his telephone number, necessary for his proper identification (as well as his bank details only in the case of pre-authorization and bank prepayment).

3. The User agrees not to:

– use the Service in a way likely to harm SASU le Petit Bain or its partners;

– use part of the Service as a tool that may mislead SASU le Petit Bain or undesirable commercial messages;

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

– Damage, disable, overburden or impair the Service, or interfere with its use and enjoyment by anyone.

7. PERSONAL DATA

SASU le Petit Bain, 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 27 April 2016 on the protection of individuals with regard to the processing of personal data. personal nature 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 he consults them.

When the User consults the Site, SASU le Petit Bain, subject to the User’s consent, may use cookies, pixel tags and other technologies to collect the following data:

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

• Information about the visit, including websites viewed before and after the Site and products viewed,

• 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 SASU le Petit Bain, with its agreement, reserves the right to install a “Cookie” in its computer in order to record any information relating to the navigation of its 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, are 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 SASU le Petit Bain, which takes the necessary precautions to preserve data security.

– 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 or behavioral analysis purposes, in order to to allow SASU le Petit Bain to facilitate the estimation of potential no-shows related to the User’s reservations.

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

It is specified that the User’s personal data may not be transferred to a country outside the European Economic Area.

In addition, the User will be invited at the time of the creation of his account to give or not his consent to the Company SASU le Petit Bain with regard to the use and/or the 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 may also withdraw his consent at any time if the processing is based on his consent.

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

To exercise these rights, the User need only make a request by post to the subcontractor of SASU le Petit Bain, ZENCHEF– Vie Privée 63 avenue de Villiers 75017 Paris, or to the e-mail address following: privacy@zenchef.com.

The User may 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 Computing and Liberties

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

SASU le Petit Bain is the only company authorized to exploit the intellectual property rights relating to its restaurant and the restaurant’s website of which it is the holder.

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 trademarks of the company SASU le Petit Bain without its prior authorization. The 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. CHANGES TO SERVICE

1. The SASU le Petit Bain Company reserves the right to modify or suspend the Service or some of its functionalities without notification of repair, maintenance, improvement or other technical reason and for any reason whatsoever without notice and without obligation to having to justify his action.

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. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These T&Cs are subject to French law.

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

It is also recalled that any consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, SASU le Petit Bain guarantees the User the effective use of a consumer mediation system.

Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, SASU le Petit Bain adheres to the service of the e-commerce Mediator [name of the mediator] whose contact details are as follows: 04 94 01 84 04 – 04 94 01 84 04.

To find out how to refer to the mediator: 04 94 01 84 04.

Finally, it is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.

The User can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

In the absence of an amicable solution, the case will be brought before the competent courts, it being specified that the time limits 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 shall have exclusive jurisdiction and French laws shall apply.

Disputes arising with users registered in the trade and companies register will be submitted to the commercial court where SASU le Petit Bain is registered.