Terms & Conditions OF SERVICES
Last Updated: 07 December 2023
Noctis Event is a French société par actions simplifiée (simplified joint stock company) registered with the registry of trade and companies of Paris under number 433 855 103, having its registered office located at 38 AV DES CHAMPS ELYSEES 75008 PARIS (France), operating under the trade name of Paris Society (“Paris Society“).
For the purposes of this policy, Paris Society includes its affiliates.
Paris Society operates this website https://restaurant-mun.com/ (the “Site“). The Site allows the reservation of tables (and other complementary services) in restaurants operated under the “Mūn” (collectively referred to as the “Establishments“).
Please note any messages sent through the Site are subject to interception and cannot be guaranteed as confidential until they reach us.
1. PREAMBLE
- These general terms and conditions (the “Terms“) are intended to define the terms and conditions under which Paris Society allows its customers (the “Customer(s)“) to benefit from all of the services, particularly reservation services, that are available on this Site and are further described below (collectively, the “Services“).
- Prior to reserving any Service on the Site, the Customer declares:
- that said Customer is acting for their own personal purposes that are not part of any commercial activity; and
- the Customer is at least eighteen years of age and has the full legal capacity to accept these current Terms.
- The Customer is invited to carefully read these Terms, whose prior acceptance is mandatory for the reservation of any Service offered on the Site.
- The Customer is advised to save and print these Terms using the standard functionalities of their browser and computer.
- The Customer must also consult the terms and conditions which are included in the price list and which are specific to each Establishment.
- Paris Society reserves the right to modify or supplement, at any time, all or part of these Terms. In this case, the new version of the Terms will be available on the Site with the effective date. Customers are advised to regularly consult the Terms to be aware of any changes. In any case, the Customer will only be bound by the version of the Terms in force at the time that the Customer makes the reservation for the Service.
- The Customer assumes the exclusive responsibility of paying, if necessary, for all the technical means necessary to gain access to the Site.
2. DESCRIPTION OF THE SERVICES
2.1. Services
Paris Society offers on its Site:
- reservation services for restaurants (“Restaurant Services”);
- reservation services for hotel rooms or other types of accommodation (“Accommodation Services“);
Accommodation Services, Restaurant Services are hereinafter jointly referred to as the “Paris Society Services” and Services includes, as applicable, Paris Society Services.
2.2. Restaurant Services
- The essential characteristics, availability dates, hours, services and options offered and particular conditions of sale applicable to the selected services of the offered Establishments are presented during the reservation process as described in clause 3 below.
- In this respect, it is noted that each Establishment has its own special terms and conditions applicable to the selected service also available on the Site (the “Special Conditions“) which are brought to the attention of the Customer prior to any reservation on the Site. For example, guarantee policy, or cancellation period.
2.3. Accommodation Services
- The essential characteristics, availability dates, price, options offered, payment conditions and particular conditions of sale applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, member rate conditions, etc.) of the offered Establishments are presented during the reservation process as described in clause 3 below.
- In this respect, it is noted that each Establishment has its own special terms and conditions applicable to the cancellation policy (the “Special Conditions“) which are brought to the attention of the Customer prior to any reservation on the Site. Any additional and specific information, such as time and duration of reservation, pet refusal, etc., will be included in the confirmation e-mail..
- Finally, in accordance with the regulations in force in certain countries, the Customer may be asked to complete a police form upon arrival at the Establishment. To do this, the Customer will be asked to present an identity document in order to verify if they need to complete the police form or not.
- On arrival at the Establishment, the Customer must sign the police form after checking the accuracy of the information that has been pre-completed and after modifying it if necessary.
If the Customer refuses to complete or sign the police form, he/she acknowledges that he/she has been informed that the Establishment is entitled to refuse to make the reserved room available to him/her.
2.4. Partner Services
Paris Society enters into partnership and distribution agreements with the websites of third parties (the “Partners“) in order to allow the Customer to search for, select and reserve tables in the Establishments of the different brands distributed by Paris Society (or to search for other Paris Society Services) on the website of the Partner (the “Partner Services“).
Reservations made by the Customer through Partner Services are made through the website and mobile services of each Partner.
The reservation is made directly between the Customer and the Partners, following the steps provided in the website and mobile services of the Partners.
The terms and conditions of sale applicable to these Partner Services are available on the Partner’s website.
All reservations are considered made as soon as the Customer is presented with a confirmation page and/or receives a confirmation email.
3. RESERVATION PROCESS
The Customer chooses any Service presented on the Site or those of its Partners by following the process provided for this purpose.
Reservations for Paris Society Services may be made by the Customer on the Site.
The reservation process varies according to the Customer path and request; it includes the following steps:
- Step 1 – the input of search criteria for a destination, Establishment and, where appropriate, one or more of the Paris Society Services.
- Step 2 – the selection of an Establishment and, if applicable, one or more of the Paris Society Services.
- Step 3 – the summary of the Service reservation:
- Step 4 – the acceptance of the reservation of the Service(s) by Paris Society and the Establishment concerned.
- Step 5 – an email confirming the reservation of the Service(s) is sent to the Customer summarising the Service(s) reserved, (as applicable) the price(s), the Special Conditions accepted by the Customer, the date of the reservation made, the information relating to the after-sales service and access to the Terms of the Partner.
The Customer may make a reservation for services on behalf of one or more additional person(s) up to a maximum of 7 (seven) persons, depending on the Establishment. Beyond this number, the reservation made by the Customer will be subject to the conditions applicable to groups.
All reservations are considered made as soon as the Customer is presented with a confirmation page and/or receives a confirmation email.
4. PRICE AND PAYMENT
4.1. Price
- The prices related to the reservation of the Services are indicated before, during and after the reservation.
- For Accommodation Services, the prices shown are per room for the number of people and date selected.
4.2. Payment
- The Customer provides their payment information as a guarantee of the reservation, indicating directly, in the area provided for such a purpose (secure entry by SSL encryption) when it is a payment card: the payment card number, without spaces between the figures, its date of validity (it is noted that the bank card used must be valid at the time of stay) and the security code as part of a pre-payment on the payment platforms mentioned below.
- Paris Society has chosen ADYEN to secure online payments by bank card. The payment card of the Customer is examined for its validity by these partners and can be refused for several reasons: card stolen or blocked, limit reached, input error, etc. In the event of any problem, the Customer will have to approach their bank and the Establishment or any other entity to confirm their reservation of the Service and payment method.
- The online payment methods (cards, wallet, etc.) available and mentioned on the payment page of the Site may include Visa and Mastercard, American Express,. This list is subject to change.
- In the event of the Customer’s failure to show up for a restaurant reservation (“no show”), the Customer’s reservation will be cancelled in full. If the reservation is guaranteed by payment card or had been the subject of a bank pre-authorisation, the Establishment will charge the Customer fifty (50) euros that has been given as a guarantee for the reservation.
4.3. Credit card guarantee
- The guarantee of the reservation by credit card means that the Customer’s payment details are taken at the time of the reservation.
- The Customer’s credit card is not debited and payment for the restaurant services is made directly to the Establishment, unless the Customer does not show up at the Establishment and has not previously cancelled the reservation in accordance with the cancellation conditions.
4.4. Customer’s failure to show up
- In the event of the Customer’s failure to show up for a restaurant reservation (“no show”), the Customer’s reservation will be cancelled in full and:
- If the reservation that is the subject of a no-show is a cancellation and/or reservation guaranteed by credit card, the Establishment will charge the credit card provided at the time of the reservation for the non-refundable amount.
5. CANCELLATION OR MODIFICATION OF A SERVICE RESERVATION
- For each reservation of a Service, the Special Conditions specify the conditions to cancel and/or modify the reservation.
- When the Special Conditions allow the cancellation of the reservation or the modification of the reservation of a Service can be done directly with the Establishment, whose contact information, including telephone number, is specified on the reservation confirmation e-mail.
6. OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER
- The Customer is solely responsible for their choice of Services on the Site and their suitability for their needs, so that Paris Society cannot be pursued for liability in this regard.
- The Customer is also solely responsible for the information provided when creating their account and/or any reservation of a Service. Paris Society cannot be held liable for any erroneous or fraudulent information provided by the Customer. In addition, only the Customer is responsible for the use of their account and any reservation made, both on behalf of the Customer and on behalf of third parties, including minors, except to demonstrate fraudulent use arising from no fault or negligence on the part of such Customer. In this respect, the Customer must immediately inform Paris Society of any hacking or fraudulent use of their e-mail address by contacting its customer service department, whose details are provided in clause 9.
- The Customer agrees to use the Site and the Services offered therein in compliance with the applicable regulations and these Terms. In the event of a breach of the Customer’s obligations under these Terms, the Customer is liable for damages caused by him/her to Paris Society or third parties. In this regard, the Customer commits to guaranteeing Paris Society against all claims, actions or recourse of any kind that may arise and to compensate for any damages, fees or any compensation related thereto.
- The Customer, in particular, commits to making a final reservation of a Service, pay the price thereof and comply with the Special Conditions relating thereto.
- Subject to any Specific Conditions:
- any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the Service reservation at the expense of the Customer, without prejudice to any action that Paris Society may bring against such a Customer;
- the Customer shall not invite into the Establishment any person whose behaviour is likely to be disruptive to the Establishment and/or to the stay of other Customers;
- the Customer shall not bring into the Establishment beverages or food from outside sources, unless clearly permitted in advance by the Establishment in question;
- the Customer shall not smoke in public premises and should only smoke in bedrooms if they have been classified as a smoking room and booked in advance as such a room. Some Establishments are 100% non-smoking, which means that smoking in the bedrooms and any part of the Establishments is forbidden;
- the Customer shall not disrupt or interfere with the operations of the Establishment including its staff shall not compromise the safety of the Establishment or the persons within;
- more broadly, any behaviour contrary to good morals and public order at the Establishment, as well as any violation of the Internal Regulations of the Establishment will cause the Director of the Establishment and/or any other service provider to ask the Customer to leave the premises without any compensation and/or refund if a payment has already been made. The Customer must pay the price of the Services consumed before leaving the premises;
- any minor must be accompanied by an adult and be in possession of a personal identity document; this adult may be any person with parental consent (the Establishment may be able to request proof of this parental consent); and
- the Customer also undertakes to ensure that the computer resources made available by the Establishment (including the Wi-Fi network) are not used in any way to reproduce, represent, make available or communicate to the public works or objects protected by copyright or related intellectual property rights, such as text, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the right holders provided for in Books I and II of the Intellectual Property Code when such authorisation is required. The Customer is also required to comply with the security policy of the internet access provider of the Establishment, including the guidelines for the security measures implemented to prevent the illicit use of resources and to refrain from any act undermining the effectiveness of such measures.
- The Customer will be liable for all damage caused by him and/or his guests within the Establishment and shall bear all costs arising from such damage and/or failure to comply with the above rules. Paris Society reserves the right to intervene if necessary and to take any appropriate action against the Customer.
7. OBLIGATIONS AND RESPONSIBILITY OF PARIS SOCIETY
- Paris Society undertakes, within an obligation of means, to provide access to the Site and the Services offered in accordance with the Terms, to act with diligence and competence, and to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention.
- Paris Society may, however, be forced to temporarily suspend the Site without notice, especially for technical reasons involving maintenance, without incurring liability.
- The Customer acknowledges and accepts that Paris Society ‘s liability does not extend to any inconvenience or damage arising from the use of the internet network, including, but not limited to:
– the poor transmission and/or reception of any data and/or information over the internet
– the failure of any reception equipment or lines of communication; and
– any malfunction of the internet network that prevents the Site from operating properly and/or reserving the Services.
- The Site may redirect users to web links of other websites that are published and managed by third parties for which Paris Society disclaims any liability for the content of such websites and the services offered therein. In this respect, it is specifically noted that partners are responsible for the promotion of the offers published on their own websites. The decision to consult third-party websites is therefore the full and complete responsibility of the Customer.
- The Establishments are operated by legal entities separate from Paris Society.
- Paris Society and the Establishments are bound by a contract under which Paris Society provides know-how, brands and various services including distribution, sales, marketing and loyalty services.
- The Customer may not hold Paris Society liable for any shortcomings attributable to the Establishment. Information about the Establishment is available:
– in the confirmation e-mail; and
– on the Establishment’s profile on the Site.
- The Customer acknowledges and agrees that in the event of litigation and/or a complaint relating to a stay at an Establishment or the reservation of a Paris Society Service, the Customer undertakes to exclusively contact the operating company of the Establishment concerned and that in this respect, the Customer cannot in any way seek the liability of Paris Society or any Paris Society group company for deficiencies attributable to the Establishment. Information concerning the Establishment is available in the booking confirmation e-mail.
8. FORCE MAJEURE AND RELOCATION
- Neither of the Parties can be held liable to the other party in the event of the non-fulfilment of its obligations resulting from a Force Majeure Event. It is expressly agreed that a Force Majeure Event suspends the performance of the reciprocal obligations of the Parties and that each Party bears the burden of the costs arising therefrom.
- If a Force Majeure Event lasts more than thirty (30) days after its occurrence, these Terms may be terminated by any of the Parties without any of them being able to claim damages.
In the case of a Force Majeure Event, an exceptional event or impossibility to carry out the Service and, in particular, making the room of the Establishment available to the Customer, the Establishment may reserve the option of providing accommodation to the Customer, in whole or in part, at an Establishment in the equivalent category or perform a Service of the same nature, subject to the prior agreement of the Customer. The reasonable expenses relating to the transfer (additional cost of the rooms, transportation and a phone call) between the two Establishment shall be payable by the concerned Establishment in accordance with the existing standard procedure of the said Establishment. - For the purposes of these Terms, “Force Majeure Event” means an event of an extraordinary nature, which was not caused by the Party claiming for it and which was beyond the reasonable control of the Party claiming it (“Claiming Party”).
- Force Majeure Event includes any:
– strike, labour walkout or other labour interruption/disputes;
– acts of God;
– failure of power;
– civil commotion, riots or insurrections;
– acts of terrorism;
– war/invasion;
– embargos, sanctions or similar restrictions;
– damage or destruction;
– earthquake, hurricane, flood, fire;
– material disruption in airline or other transportation systems;
– act of a Governmental Authority;
– local, regional or world threats or outbreak of infectious disease, epidemic or pandemic disease(s); and
– travel advisories or alerts issued by any Governmental Authority or any international agency or body.
- Force Majeure Event does not include any party’s failure to pay or reimburse any amounts due hereunder as and when due.
9. CONTACT, CUSTOMER SERVICE AND COMPLAINTS
- Customer Service is at your disposal to address any claim relating to a Service on the Site.
You can reach us at louise.brandexperience@paris-society.com
Or you may write to us at: each Establishment’s contact address to facilitate the processing of complaints, it is advisable to send the complaints in writing to the Customer Service Department concerning the non-performance or poor performance of the Services within eight (8) days after the date of completion of the Service.
- In its relations with the customer service department, the Customer undertakes to remain courteous and not to make any derogatory comments, in particular with regard to Paris Society , the Establishments, the entities of its group or its employees or collaborators, in accordance with the rules of common sense and politeness. Paris Society reserves the right to take all appropriate measures against the Customer in the event of prejudicial or reprehensible behaviour (in particular unfortunate, malicious or insulting behaviour) with regard to Paris Society, the Establishments, entities of its group or its employees or collaborators.
10. PRIVACY AND PERSONAL DATA PROTECTION
- When the Customer uses the Site, in particular when making a reservation, Paris Society and Paris Society group entities process personal data as described in the “Paris Society Group Privacy Policy”.
- Thus, the information collected as part of the Customer’s reservation is intended for Paris Society, its entities, its partners, its service providers (in particular online payment service providers) and the Establishments for the purpose of executing the reservation. Once the guarantees provided for by the applicable regulations have been put in place, the Customer’s data may be transferred from Europe to countries that do not ensure, from the point of view of France and the European Union, an equivalent level of data protection.
- In particular, in order to secure payment transactions, Paris Society group entities process personal data to determine the level of fraud risk associated with each transaction. On this occasion, Paris Society and the Establishments may use the Paris Society group risk prevention service provider to refine their analysis. Depending on the results of the investigations carried out, Paris Society group may take security measures, in particular requesting the Customer to use a different reservation channel or an alternative payment method. These measures will have the effect of suspending the execution of the reservation or, if the result of the analysis does not guarantee the safety of the order, of cancelling it. Fraudulent use of a means of payment leading to payment default may result in the Customer being entered in the Paris Society group incident file, which may lead Paris Society group to block future payments or carry out additional checks.
- The Customer may at any time exercise his rights under the regulations on the protection of personal data. All the information required for this purpose is set out in the “Paris Society Group Privacy Policy”.
11. MISCELLANEOUS
- The input of the required bank information and the acceptance of these Terms and the Special Terms and Conditions by electronic means constitute an electronic contract between the Parties which is proof between the Parties of the reservation of the Service and the payment of the sums due upon the execution of said reservation.
- The Terms and the applicable Special Conditions constitute the entirety of the obligations of the Parties. No other condition communicated by the Customer may be incorporated herein.
- In the event of a contradiction between the Special Conditions and the Terms, the Special Conditions will be the only ones applicable for the obligation concerned. In case of contradiction between, on the one hand, the general terms and conditions, of whatever nature, of a Partner and these Terms, on the other, the stipulations of these Terms will be the only ones applicable to the obligation at issue.
- If one or more stipulations of these Terms are deemed to be invalid or declared as such under a law, regulation or following a decision adjudicated by a competent jurisdiction that has become final, any other stipulations shall remain in force to their full extent.
- The authentic language is English. If the Terms are translated into a foreign language, the English language will prevail over any other translation in the event of any dispute, litigation, difficulty of interpretation or in the fulfilment of these conditions and, in a more general manner, regarding the relations between the Parties.
- The Customer acknowledges and agrees that Paris Society may assign these Terms and all of the rights and obligations attached thereto to any third party without the prior written consent of the Customer. The Customer agrees that such assignment releases Paris Society for future deeds. The Customer may not assign the Terms, nor the rights and obligations attached thereto to third parties without the prior written consent of Paris Society.
12. APPLICABLE LAW
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of French.
The choice of governing law shall not restrict you of any protections you are granted by law in the country you are from.
13. DISPUTE RESOLUTION
Any claim or dispute arising from the validity, interpretation or performance of the Terms shall be subject to the competent courts in the jurisdiction of the Paris Court of Appeal, under the conditions of ordinary law.