Terms of use

IMPORTANT: Please read these General Terms and Conditions carefully: they define the terms and conditions of sale accepted by the Client when ordering the Services. These general terms and conditions are enforceable in the same way as any other signed written contract. If the Client disagrees with the terms of these General Terms and Conditions, they are not authorised to make a Reservation.

PRESENTATION

Updated: 6 May 2021

These General Terms of Use (hereinafter, the “GTU”) apply to the services offered by Société Tourisme Hospitalet (hereinafter STH), namely a free online restaurant table booking service for the user (hereinafter, the “Service” or the “Services”).

Use of our reservation Service constitutes the unreserved acceptance by customers booking a table (hereinafter referred to as the “User” or “Users”) of these Terms of Use, except for specific conditions agreed in writing by STH.

If the Users do not accept these Terms of Use in their entirety, they must refrain from accessing and using the Service.

Any document other than these Terms of Use, including catalogues, brochures, advertisements, notices, etc., is provided for information and guidance only and does not constitute a contractual commitment of any kind.

These Terms of Use shall apply for as long as they appear on the www.restaurant-art-de-vivre.com / reservations.zenchef.com platform. Once these Terms of Use are no longer accessible on this platform, they shall no longer be enforceable against STH.

These General Terms and Conditions may be revised at any time. Accordingly, a revised version bearing the update date will be published on the www.restaurant-art-de-vivre.com / reservations.zenchef.com platform (hereinafter, the “Site”). Users shall be bound by this revised version if they continue to use the Services after the date on which the Terms of Use are revised

1. SERVICE PROVIDER

The company SOCIETE TOURISME HOSPITALET, with share capital of €410,000, registered with the Narbonne Trade and Companies Register under number 382 441 897, having its registered office at CHATEAU DE L’HOSPITALET, RTE DE NARBONNE PLAGE 11100 NARBONNE. VAT number: FR03382441897

2. SERVICE

1. STH offers an online booking service.

2. Use of the booking module on the restaurant’s website in accordance with these General Terms is free of charge for the User.

3. The User acknowledges having been informed that STH is entitled to require, at the time of booking, a deposit by bank pre-authorisation and reserves the right to retain it in the event that the User fails to honour the booking or cancels late, namely less than 3 (three) hours before the scheduled booking time.

4. All our prices are inclusive of VAT

3. TERMS OF USE OF THE SERVICE

In order to use the Service, the User must have the legal capacity to enter into a contract, meaning that they must be at least 18 years old. To use the Service, the User connects via their Internet browser to the booking module available on the Website. They register by entering the mandatory information indicated on the form, namely: civil status, surname, first name, email address, mobile telephone number

1. The Service may not be used unless the User has completed this prior registration.

2. The User accepts these Terms of Use upon registering.

3. It is the User’s responsibility to ensure that their email address and telephone number are valid.

4. Notifications sent by email via the Site platform shall be deemed delivered and received on the date the email is sent.

5. Notifications sent by SMS via the Site platform shall be deemed delivered and received on the date the SMS is sent.

6. The User agrees to receive email communications from STH relating to the reservation, such as confirmation, cancellation or review request information.

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

4. USER OBLIGATIONS

1. By entering their information, the User expressly and unreservedly accepts the terms of these general terms and conditions and any specific terms and conditions available on the Site..

2. The User undertakes to provide accurate and truthful information, in particular regarding their civil status, surname, first name, email address and telephone number, as required for proper identification.

3. The User undertakes not to:

  • use the Service in a manner likely to harm STH or its partners;
  • use part of the Service as a tool likely to mislead STH or for unsolicited commercial messages;
  • use an automated process or service to access and/or use the Service
  • damage, disable, overload or impair the Service, or interfere with its use and enjoyment by anyone.

5. OPENING DAYS AND HOURS

The L’Art De Vivre restaurant is open from Thursday evening to Monday lunchtime.

The restaurant Chez Paule is open for lunch and dinner from Tuesday to Saturday.

The L’Hospitalet Beach restaurant is open from 1 July to 12 September, Tuesday to Sunday, for lunch from 12:00 pm to 2:00 pm and for dinner from 7:00 pm to 10:00 pm.

The jazz bar (Château L’Hospitalet) is open every day of the week from 11:00 am to 11:30 pm (last orders at 10:45 pm).

The L’Hospitalet Beach Bar is open from 1 July to 12 September, Tuesday to Sunday, from 11:00 am to 11:30 pm (last orders at 10:45 pm).

6. GROUP BOOKINGS

For booking requests for more than 6 people, private hire, or gift vouchers, please email us at reception.hotel@gerard-bertrand.com.

Your reservation will only be confirmed upon receipt of a confirmation email from us.

Furthermore, we ask you to contact us again on the day before your arrival, by email at reception.hotel@gerard-bertrand.com or by telephone on 04 68 45 28 50, in order to confirm your final attendance and, where applicable, the number of people attending. Failing this, we will consider that you no longer wish to maintain your reservation and will cancel it.

7. DIETARY RESTRICTION

All our dishes contain animal products to a greater or lesser extent. It is essential that, when making your reservation request and no later than 24 hours before your visit, you inform us if any guests have food allergies or intolerances. We do not offer a vegetarian menu.

Without this information, we will not be able to adapt the tasting menu served on the day of your reservation.

8. FORCE MAJEURE

CHÂTEAU L’HOSPITALET or the Client shall not be held liable if the performance of the Reservation is delayed or prevented due to force majeure or an unforeseeable event, the act of the other party or a third party, or external causes such as labour disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or electricity network.

9. PERSONAL DATA

STH, in strict compliance with applicable laws and regulations, wishes to collect certain information. This information is collected in accordance with the provisions relating to the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

The Website and/or its partners may store information on the User’s computer. Such information shall 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 enable websites to recognise the User when they visit them.

When the User visits the Website, STH may, subject to the User’s consent, 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, including websites viewed before and after the Site and products viewed,
  • Duration of visits to pages on the Website and information on the User’s interactions with the pages.

The User acknowledges and accepts that STH, with the User’s consent, reserves the right to place a “Cookie” on their computer in order to record any information relating to their computer’s browsing of the Website.

The User is hereby informed by these Terms of Use that the personal data collected in connection with the Service, with their consent, are used solely in connection with this Service and are intended exclusively for STH, which takes appropriate precautions to preserve, insofar as possible, the security of the data. By registering, the User consents to the processing of their personal data.

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

Furthermore, when creating their account, the User will be invited to give or withhold their consent to STH regarding the use and/or transfer of this information as part of partnerships, in accordance with the law, in particular to enable the User to benefit from personalised information and services.

In accordance with applicable data protection regulations, the User has the right of access, the right to rectification, the right to erasure, the right to restriction of processing, the right to obtain a copy of their personal data for their own purposes or to provide it to another data provider of their choice, as well as the right to object to the processing of their personal data where such data are processed for direct marketing purposes.

The User may also withdraw their consent at any time where processing is based on their consent.

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

To exercise these rights, the User need only submit a request by post to STH’s processor, ZENCHEF – Privacy, 120-122 rue Réaumur, 75002 Paris, or to the following email address: privacy@zenchef.com.

The User may also exercise their right to lodge a complaint with the national data protection authority by sending their request to the CNIL at the following address:

French Data Protection Authority

Complaints service

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

10. MODIFICATION OF THE SERVICE

1. STH reserves the right to modify or suspend the Service or certain of its features without notice for repair, maintenance, improvement or any other technical reason, and for any reason whatsoever, without prior notice and without any obligation to justify its action.

2. Once the service has been suspended, it may no longer be used by the User. The User shall nevertheless retain a right of access to and rectification of such data, which may be exercised by sending a message to the following email address: privacy@zenchef.com.

11. LIMITATION OF LIABILITY

1. STH provides the Service “as is”, “with all its faults” and “as available”. STH does not guarantee the accuracy or timeliness of the information provided as part of the Service. STH gives no express warranty.

2. STH does not guarantee, in any way whatsoever, the products, services and/or business practices of third parties present on its website.

3. Given the specific nature of the Internet network, STH does not guarantee that its Services will be uninterrupted, free from errors or achieve specific results, as STH is bound in this respect only by an obligation to use reasonable endeavours.

4. STH shall not be liable for any damage arising from the temporary inability to access any of the Services offered by the Site.

5. All information contained on the Website may be amended at any time, given the interactive nature of the Website, without this giving rise to any liability on the part of STH.

6. In general, the User accepts and acknowledges that a booking is not guaranteed. Accordingly, STH does not guarantee the effective provision of the Service. The User acknowledges and accepts that STH shall under no circumstances be held liable in the event of a booking cancellation, if the third-party restaurant establishment is closed, for any reason whatsoever, or in the event of refusal to provide a service, whatever the cause.

7. The User undertakes to indemnify STH against all liability, damages, losses or expenses for any damage or loss caused to property or third parties arising in any way from the use of the Service.

8. The User shall not be entitled to any compensation for any damage they may have suffered, including special, indirect or incidental damage, in particular loss of data, financial or commercial loss, or loss of profits. This limitation of liability shall also apply if STH knew or should have known of the possibility of such damage.

12. BREACHES OF THE GTU

In the event of the User’s failure to perform or comply with any of the obligations and provisions set out in these Terms of Use, STH may modify, suspend, restrict or terminate access to the Service, without the User being entitled to claim any compensation whatsoever. STH shall be entitled to claim compensation for the loss suffered.

13. MISCELLANEOUS

1. All provisions of these Terms of Use shall apply to the fullest extent permitted by law.

2. If any part of these GTU is declared null and void or unenforceable for any reason whatsoever, the remainder shall remain fully effective. In such case, STH undertakes to use all reasonable endeavours to replace the null or mandatory-law or public-policy-infringing provision with an equivalent valid provision which, having regard to economic, legal and commercial constraints, achieves the same objectives as the provision declared null or contrary to a mandatory-law or public-policy provision.

3. STH reserves the right to assign all or part of the Service at any time, with or without notice

4. These General Terms and Conditions are personal to the User, and the User may not transfer or assign the rights and/or obligations arising from use of the Service to anyone without the prior written consent of STH.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by French law, and any dispute that cannot be resolved amicably shall be submitted exclusively to the French courts.

For information on the protection of your personal data, please consult our new Privacy Policy