TERMS AND CONDITIONS OF USE OF THE LOUVRE HOTELS GROUP BRAND SITES

Last update : 14/12/2022

PREAMBLE

LOUVRE HOTELS GROUP makes available to its clients digital platforms, allowing them to make online reservations, particularly for accommodation, with the establishments belonging to the brands of the LOUVRE HOTELS GROUP (hereafter referred to as "the Establishments").

The LOUVRE HOTELS GROUP online reservation platforms (hereafter referred to as the "Platforms"), are accessible via the internet at the following addresses, according to the LOUVRE HOTELS GROUP brand:

https://www.louvrehotels.com/fr-fr/

https://www.flavoursbenefit.com/fr-fr/

https://www.goldentulip.com/fr-fr/

https://www.campanile.com/fr-fr/

https://www.kyriad.com/fr-fr/

https://www.premiereclasse.com/fr-fr/

The Platforms are administered by LOUVRE HOTELS GROUP, a simplified joint stock company, registered with the RCS of Nanterre under the number 309 071 942, whose registered office is located at Tour Voltaire, 1 Place des Degrés, 92800 Puteaux / La Défense (hereafter "LOUVRE HOTELS").

1. ACCEPTATION DES CGU ACCEPTANCE OF THE Ts&Cs

By using the Platforms, the User acknowledges that he/she has read these Ts&Cs and accepts them without reservation, as well as all documents referring to them, such as the Privacy Policy and the Cookie Policy. These documents can be consulted, saved and printed by the customer from the footer menu of the various Platforms.

2. DEFINITIONS

The terms defined below beginning with capital letters and used in the singular or plural shall have the following meaning:

"Customer" or "Client" : refers to any person making a Reservation for one or more rooms in an establishment for personal or professional reasons, excluding any natural or legal person booking nights on behalf of third parties or for resale.

"Account": refers to the space made available to a User on the Platforms following registration under the conditions set out in these Ts&Cs. This Account is strictly personal, individual, non-transferable and non-transferable to a third party. This Account is accessible via the User's login details and includes some of his Data. The creation of the Account implies the adhesion of the User to the Flavours Instant Benefit Loyalty Program, of which it is informed at the time of the creation of the account.

"Data": refers to the information concerning the User, including his Personal Data, provided directly or indirectly by this User, in particular when creating his Account, a Reservation or when accessing the Platforms. The User guarantees LOUVRE HOTELS that he/she provides accurate and up-to-date information, in particular his/her identity and contact details.

"Personal Data" : This is "any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity" according to Article 4 of the European Regulation on the protection of personal data.

For example, data enabling your identification such as your title, surname, first name and email address are Personal Data.

"Client/Customer Area": refers to the interface reserved for Users who have an Account, protected by a login and password. This Client Area allows the User to use the Services.

"Establishments": refers to the establishments, and in particular the hotels, of the various brands listed on the Platforms for which it is possible to make Bookings via the Platforms.

"Offer": refers to the list of room stays drawn up from the Establishments available on the Platforms, responding to a request made by the User, including, in particular, for each possibility: the description of the Establishment, the presentation and particulars of each room, the applicable rate, the cancellation conditions.

"Flavours Instant Benefit Program": refers to the offer proposed by LOUVRE HOTELS allowing a Client to benefit from advantages such as discounts in the Establishments under the conditions and within the limits set out in the General Conditions of Use of the Programme which can be consulted, printed and recorded from the menu at the foot of the various LOUVRE HOTELS Platforms. The creation of an Account is subject to membership of this programme, of which the User is informed at the time of account creation.

"Reservation": refers to the action of the User to retain one or more Offer(s) via the Platforms, under the conditions set out in the Ts&Cs.

"Services": refers to all the interventions and functions proposed by LOUVRE HOTELS via the Platforms under the conditions and within the limits provided for in the Ts&Cs. Certain Services are only accessible to Users with an Account.

"User": refers to any natural person accessing the Platforms, whether a visitor or Client.

3. PURPOSE

The purpose of these Terms and Conditions of Use, as well as the documents to which they refer, is to define the conditions, rights, obligations, responsibilities and limits applicable to any use of the Platforms by any User (hereinafter referred to as the " Ts&Cs").

4. AVAILABILITY OF PLATFORMS

The User recognises and accepts that, given the current state of technology, LOUVRE HOTELS cannot guarantee continuous availability of the Services or the Platforms.

LOUVRE HOTELS will make its best efforts to make the Platforms available continuously, except in the case of maintenance operations, updates or as a result of events beyond its control that may create interruptions of services, in whole or in part, or more or less significant disturbances. In such cases, LOUVRE HOTELS will take the reasonable measures available to it to deal with these interruptions or disturbances.

5. CONDITIONS OF ACCESS TO THE CUSTOMER AREA

Access to and use of the Customer Centre by Users is subject to the creation of an Account by the User. If the creation of the Account is accepted by LOUVRE HOTELS, the User may connect to his account using his login and password.

When creating an Account, the User is required to complete the information requested. The User undertakes to provide accurate, faithful, complete and up-to-date information, in particular concerning his identity and contact details. Failure to provide complete and sincere information when creating the Account may lead LOUVRE HOTELS to refuse said creation.

The following fields are mandatory for the creation of the Account:

• First name ;
• Last name; E-mail
• E-mail ; Country
• Country ;
• Country/province code ;
• Phone number ;
• Password;
• Check the box inviting the User to become a member of the Flavours Instant Benefit Programme and to consult the Programme's T&C.

We recommend that Users set up their password as follows: minimum 8 characters and four different types (one upper case, one lower case, one number, one special character).

Forms containing incomplete or erroneous data will not be taken into account.

The User is responsible for the accuracy of the data he/she provides and must inform LOUVRE HOTELS, as soon as possible, of any modification of this data.

Once his registration has been confirmed, the User can access his Client Area.

The User has the possibility of updating, modifying his data or deleting his account from his Customer Space, in the "My Profile" section.

6. BLOCKING ACCESS TO THE ACCOUNT

If the User forgets the password for the Account, he/she can redefine his/her password. To redefine the said password, the User must select the "forgotten password" link accessible on the Platforms and then enter the User's account ID. An email is then sent to the email address provided by the User when creating the account indicating the steps to be taken to redefine the password.

7. DESCRIPTION OF SERVICES

7.1 The Services offered by LOUVRE HOTELS on the Platforms allow Users :

• To benefit from the online reservation service within the Establishments marketed on the Platforms, under the conditions set out in the general conditions of sale (the "GCS"), and to manage their Reservations.
• To benefit from the commercial offers proposed by LOUVRE HOTELS (notably: seminars, events, sports groups, promotional offers) in accordance with the GCSs specific to these offers, available either on the Platforms, or by contacting directly the Establishments participating in the said commercial offers.
• To register for the LOUVRE HOTELS loyalty program.

7.2 From their Customer Area, Users with an account can benefit from the following services :

• Management and consultation of their Reservations.
• Setting their preferences (registration to receive newsletters, selection of their favourite brands).
• Consult information relating to the Loyalty Program(s) of which they are members.
• Consult the special offers marketed on the Platforms.
• Manage, update or modify their personal information.
• Delete their Account.

8. TECHNICAL INTERMEDIARY

In accordance with the GSC of LOUVRE HOTELS which can be consulted on the Platforms, the Offers and information communicated by LOUVRE HOTELS are based on the data and information transmitted by the Establishments. The User recognises and accepts that LOUVRE HOTELS, in its capacity as technical service provider, does not exercise any control over this data and information and, consequently, LOUVRE HOTELS can neither verify nor guarantee the accuracy, legality, security, quality or exhaustiveness of the Offers, information, data and content transmitted by the Establishments that it makes accessible on the Platforms.

Also, in its capacity as technical intermediary, LOUVRE HOTELS does not exercise any control and does not ensure the follow-up or validation of the Reservations made within the Establishments.

If LOUVRE HOTELS becomes aware of any illicit content whatsoever, LOUVRE HOTELS reserves the right to proceed with the immediate withdrawal of this content from the Platforms at its own discretion.

Users are invited to inform LOUVRE HOTELS of any fraudulent use of the Platforms of which they are aware and in particular of any content that contravenes the prohibitions set out in the Ts&Cs or, more generally, the laws and regulatory provisions in force.

9. BEHAVIOR

Each User must use the Platforms in a responsible manner, with respect and courtesy with regard to the rights of LOUVRE HOTELS and all third parties.

By accessing the Platforms, the User undertakes and guarantees in particular

• to have the qualities and skills required to use the Platforms;
• to behave in accordance with all the provisions of the present Ts&Cs and to respect these Ts&Cs ;
• to comply with all the laws in force, including those of the country from which he/she accesses the Platforms;
• to provide accurate, complete and up-to-date information;
• respect the intellectual property rights of LOUVRE HOTELS and any third parties;
• use the Platforms within the limits of its functionalities and its purpose.

In addition, the User is forbidden, in particular:

• using the functionalities of the Platforms for purposes not provided for in the Ts&Cs, in the GCS, or contrary to the purpose of the Platforms and/or which would infringe the rights of LOUVRE HOTELS, one of its partners or the rights of third parties;
• to use a false identity or otherwise deceive anyone;
• communicating false, usurped or erroneous details and information to LOUVRE HOTELS;
• to upload to the Platforms, display, make accessible or transmit by any means and in particular by electronic mail:

• content that he/she is not allowed to download,
• content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or derogatory, or racially, ethnically or otherwise objectionable,
• any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• disrupt or interrupt the operation of the Platforms or servers or networks connected to the Platforms, or violate any requirements, procedures, rules or regulations;
• access Personal Data not intended for the User or enter a server to which the User is not authorised to have access;
• attempt to probe, scan or test the vulnerability of a system, including the Platforms, or to breach security or authentication measures without proper authorization;
• usurp or attempt to usurp the identity of another User or any third party;
• harm a natural or legal person through the Platforms;
• damage the reputation of LOUVRE HOTELS, the Platforms, one or more other Users or any third party.

The User also undertakes not to divulge personal, professional or confidential information disseminated through the Platforms or of which he/she may become aware through the use of the Platforms or from third parties.

A fortiori, the User shall refrain from any processing of Personal Data obtained on or through the Platforms and in particular from any collection, any unauthorised or misappropriated use and any act likely to infringe on the privacy and Personal Data or the reputation of one or more other User(s) or any other natural or legal person.

10. DROIT DE PROPRIÉTÉ INTELLECTUELLE

The Platforms, including all the elements that make it up, notably the developments, graphics, images, photographs, animations, clips, texts, logos, software and interfaces (hereafter the "Content") are protected by intellectual property rights and are the exclusive property of LOUVRE HOTELS, with the exception of the brands, logos, images, photographs and distinctive signs belonging to third parties or companies.

Any use, including any reproduction, distribution, modification, retransmission or publication of the Content is strictly forbidden without the prior written consent of LOUVRE HOTELS.

In particular, it is forbidden to (i) copy, modify, create a derivative work, assemble, decompile (with the exception of cases provided for by law), sell, attribute, sub-license or transfer in any way whatsoever any right relating to the Content and (ii) modify all or part of the Content with a view in particular to obtaining unauthorised access to the Platforms.

Consequently, any reproduction and/or representation, in whole or in part, of the Content, without the prior written authorisation of LOUVRE HOTELS, is forbidden and would constitute an infringement sanctioned in particular by the provisions of the Intellectual Property Code.

LOUVRE HOTELS, or any other holder of these rights, may implement any measure or action, including legal action, to put an end to an infringement of its rights, in particular intellectual property rights, and reserves the right to claim damages in the event of such an infringement.

11. COOKIES

Cookies are data stored in the terminal equipment of a web user and used by LOUVRE HOTELS to send information to the web user's browser, allowing this browser to send information back to the original site.

LOUVRE HOTELS uses cookies on the Platforms. The User is invited to consult the Cookies Policy accessible from the menu at the foot of the Platforms.

12. HYPERLINKS

Any creation of links to the Platforms, any framing of the Platforms and, more generally, any use of an element of the Platforms is subject to the prior written authorisation of LOUVRE HOTELS, which may be revoked at any time at its sole discretion.

LOUVRE HOTELS is in no way responsible for the content of the sites to which the hypertext links redirect the User.

13. PROTECTION OF YOUR PERSONAL DATA

LOUVRE HOTELS, in its capacity as Data Controller, collects and processes Personal Data within the framework of the use of the Platforms, in accordance with the General Data Protection Regulation (hereafter "GDPR") and the French Data Protection Act.

For more information concerning the protection of their Personal Data, Users are invited to consult the Privacy Policy accessible from the menu at the foot of the various platforms.

14. RESPONSIBILITY

The User acknowledges that he/she uses the Platforms under his/her sole responsibility. In particular, it is the User's responsibility to guard against the dangers of the Internet and to take all necessary measures to protect his own data (including his Personal Data) and/or software from contamination by any viruses that may affect his computer or any other computer equipment that he uses or that is in his care.

The User is solely responsible for the means of access to the Internet and the Platforms.

With the exception of the Data, LOUVRE HOTELS tries to ensure to the best of its ability the accuracy of the information accessible on the Platforms, but does not guarantee that the information provided by the Establishments or any other third party is accurate, complete or up-to-date.

Furthermore, LOUVRE HOTELS declines all responsibility in the event of interruption of the Platforms, the occurrence of malfunctions or any damage resulting from fraudulent acts by third parties or User(s).

Furthermore, under no circumstances can LOUVRE HOTELS be held responsible for any damage, whatever the cause, origin, nature or consequence, resulting in particular from the non-conforming use of the present Ts&Cs by the User and from the consultation or use of the Platforms by a third party.

LOUVRE HOTELS may not be held liable for a cause that is due to a case of force majeure, including if such a case of force majeure affects one of its subcontractors, as well as any event beyond its exclusive control.

Furthermore, LOUVRE HOTELS informs the User that it reserves the right, at any time and for any reason whatsoever, to implement any means to suspend or remove, without prior notice, access to all or part of the Platforms and, in particular, for any conduct observed or presumed to be in violation of all or part of the Ts&Cs (including the Privacy Policy) explicitly or implicitly, without prejudice to any damages that LOUVRE HOTELS reserves the right to claim from the User as compensation for the loss suffered.

15. MODIFICATION OF THE Ts&Cs

The Ts&Cs may be updated by LOUVRE HOTELS. The previous Ts&Cs are then automatically terminated and replaced by the new version which is immediately enforceable against the User and which mentions the date of the last update at the top of the Ts&Cs. In order to be informed of these possible modifications and updates, the User is recommended to consult the Ts&Cs regularly.

16. SURVIVAL

The stipulations of the Ts&Cs which by their nature or their wording are intended to continue to apply after the termination of the use of the Platforms for any reason whatsoever, as well as the stipulations of the article "Liability", the article "Protection of your personal data" and "Intellectual property rights" will remain in force for the time necessary to achieve their purpose.

17. NULLITY - TITLE

If one or more provisions of the Ts&Cs are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other provisions shall retain all their force and scope.

In the event of difficulties of interpretation between any of the headings at the top of the clauses and any of the clauses, the headings shall be disregarded and the content of the clause concerned shall prevail.

18. APPLICABLE LAW

The present Ts&Cs and the documents to which they refer are governed by French law.

In the event of a dispute, the User undertakes to contact LOUVRE HOTELS as a priority in order to attempt to resolve amicably any dispute that may arise concerning the Ts&Cs.

In the absence of an amicable agreement within a period of 30 days following the letter initiating the request for amicable settlement, any dispute relating to the existence, interpretation, execution or breach of the Ts&Cs, even in the case of multiple defendants, will be submitted to (except in the case of exclusive jurisdiction recognised to a different court, notably the Tribunal de Grande Instance de Paris in matters of intellectual property):

1. 1. In case of a dispute with a merchant: Commercial Court of Paris.
   2. In case of a dispute with a non-merchant: French court with territorial jurisdiction.