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General terms and conditions Restaurant

1 – GENERAL PROVISIONS

BRACH Paris (hereinafter the “Company”) is a société par actions simplifiée [simplified joint-stock company] with capital of 15,118,097.20 euros, with registered offices at 1-7, rue Jean Richepin – 75116 Paris, France, registered with the register of trade and companies of PARIS under No. 803 406 685 and with intracommunity VAT No. FR54803406685 – Tel.: +33 (0)1 44 30 10 00 – website: www.brachparis.com (the “Website”) – email: contact@brachparis.com or restaurant@brachparis.com.

It operates the BRACH Hotel (hereinafter the “Hotel”), located at the same address and comprising, in addition to rooms designed for overnight stays, a restaurant named “Le Restaurant” (hereinafter the “Restaurant”), a bar, terraces, a sports club and a spa which may also serve clients who are not staying at the Hotel.

The Company belongs to the EVOK COLLECTION group, which is committed to a corporate social responsibility (CSR) policy via its Charte Ethique – Ambitions pour un meilleur avenir du groupe [ethical charter: working towards a better future for the group], its adherence to the principles of the United Nations Global Compact, and by joining various French and international think tanks and professional bodies committed to human rights, international labour standards, environmental protection, and anti-corruption initiatives.

Scope of application. These general terms and conditions (T&Cs) apply to all reservations and catering services between the Company and one or more people reserving a table at the Restaurant (hereinafter the “Client”) or effectively benefiting from these reservations or receiving these services (hereinafter the “Beneficiary”). The person effectively visiting the Restaurant, whether they are a Client or a Beneficiary, is hereinafter referred to as the “Guest”. The T&Cs are binding on Clients and Guests.

Certain provisions of the T&Cs, indicated with the letter (C), may only concern Guests and Clients acting as consumers within the meaning of the French consumer code, i.e., only natural persons acting for purposes that do not fall within their trade, industrial, craft, independent or agricultural business activity.  When the law requires that these provisions extend to non-professionals within the meaning of the French consumer code, i.e., legal entities not acting for professional purposes, this is specified.

The Company reserves the right to amend its T&Cs at any time. Such changes will not, however, have any retroactive effect on reservations or services booked or honoured or being honoured, except in the case of binding statutory adaptations applicable immediately. In the event of a conflict, special terms and conditions entered into between the Company and the Client take precedence over the T&Cs.

The T&Cs apply to all reservations and services, whether booked directly with the Restaurant, or with the Hotel for the Restaurant, or via the Website (online booking tool operated by a third party company, Sevenrooms), by email exchange with the Company (restaurant@brachparis.com) or via a third party (reservation platform or centre, travel agency, etc.).

For tables of more than 7 people, group conditions may apply, depending on the reservation period; the Client will be invited to consult the Company in this regard; unless otherwise stated by the Company, the T&Cs will remain applicable.

Client declarations. The Client confirms they are over the age of 18 and have the legal capacity to enter into a contract with the Company and make the reservation in their name and for themselves as well as in the name or on behalf of or for the benefit of the Beneficiaries. The Client declares they use the Website, where applicable, in accordance with these T&Cs. The Client guarantees that the information and data provided during or for the purpose of the reservation, concerning both the Client and the Beneficiaries, is truthful and accurate. The Client undertakes to inform the Beneficiaries of the terms and conditions applicable to their reservation and the Restaurant services, including these T&Cs and the personal data charter.

 

2 – SERVICES

The Restaurant’s menu, including dishes and prices, can be consulted on the Website or at the entrance to the Restaurant, as well as the Restaurant’s opening times. It is handed to the Guests at the table.

However, the Restaurant’s menu is regularly renewed and may change at any time, depending on the season, the market availability and the supplies available. Although the Company endeavours to update the Website as much as possible, the menu displayed at the entrance to the Restaurant or handed to the Guest at the table may therefore differ from that consulted on the Website. The availability of the dishes on the menu provided in the Restaurant cannot be guaranteed throughout the service, given the Restaurant’s supply requirements and the unpredictability of demand for different services.

The photographs of the dishes published on the Website or any other advertising materials of the Restaurant are for informational and illustrative purposes only and are not legally binding.

Certain dishes or menus may be served under certain conditions: dinner or lunch service, minimum number of guests or all guests at the table, for example.

Drinks are never included in the menus and are always priced separately. The wine and food pairing, where applicable, is a separate additional service to be added to the price of the menu with which it is offered.

The Restaurant endeavours to warn about the presence of products likely to cause allergies or intolerances. However, the Client and the Guest are invited to provide as much information as possible about the Guests’ allergies or intolerances at the time of reservation, and at the latest, when the order is taken.

The origin of beef, lamb, pork and poultry, as well as the origin and designation of wines, are indicated on the menus distributed or displayed inside the Restaurant.

Guests are also invited to consult the Charte Ethique – Ambitions pour un meilleur avenir du groupe [Ethical Charter – Ambitions for a better future for the group] to find out about the philosophy and sourcing policy of the EVOK group and its establishments, including the Restaurant, and their commitment to human and social rights and the environment.

The Restaurant is subject to the rules governing public houses. Minors under the age of 16 may not be admitted unless they are accompanied by their fathers, mothers, guardians or any other person over the age of 18 who is responsible for or supervises them. The sale of alcoholic beverages to minors is prohibited. The Restaurant is entitled to require the Guest to provide proof of their majority.

 

 

3 – PRICES

Prices are quoted in euros. They include consumption, services and taxes. Any changes to the applicable tax or rate or the introduction of a new tax or regulation concerning taxes will be passed on in the price or the final amount invoiced to the Client or the Guest. They are subject to change at any time and without warning. The prices in force for a given service are shown on the menu displayed at the entrance to the Restaurant and on the menu handed to the Guest at the table or displayed inside the Restaurant at the time of service, from 11:30am for lunch and 6pm for dinner. Prices can also be consulted on the Website, subject to the aforementioned changes to the menu and Website update.

 

Availability of tables. The Client is invited to consult the type and availability of the Tables for the desired date on the Website, by sending an email to restaurant@brachparis.com, by telephoning the Restaurant or by visiting it in person.

The Company and the Restaurant endeavour to communicate information pertaining to Table availability as best possible and as early as possible, but this is subject to change at any time. Table availability is only confirmed and guaranteed upon receipt of a reservation confirmation email from the Company.

The T&Cs and the personal data charter are available on the Website. They can also be sent to the Client by email if expressly requested from restaurant@brachparis.com or as a hard copy on request at the Restaurant reception. The reservation and the order imply unqualified acceptance of the T&Cs and the personal data charter.

Reservation terms. A bank guarantee is required for all reservations, provided via the reservation platform (operated by Sevenrooms), or via a 3DSecure link sent by email from the Company to the Client. In the event of no-show or cancellation within two hours of the reservation (on an hour-by-hour basis), a cancellation fee per cover will be applied and charged to the aforementioned bank guarantee; the amount of the fee is specified when the reservation is made, before the Client provides their bank details. Reservations are only taken into account by the Restaurant once the Client’s bank details have been validated. In all cases, the Company sends the Client an email containing the reservation details, which equates to the firm and final confirmation thereof. In the event of a 15-minute late arrival at the Restaurant without notice, the Company may cancel the reservation. If the Client or the Guest has a Gift Voucher they wish to use for the reservation, they must disclose it at the time the reservation is made in accordance with the instructions and terms of use indicated on the Voucher.

 

5 – PAYMENT TERMS

The Client or the Guest pays for all consumption directly to the Restaurant at the end of the meal, after deduction, where applicable, of an EVOK COLLECTION Gift Voucher disclosed and validated with the Company at the time of reservation. No Gift Voucher may be taken into account by the Restaurant unless it has first been disclosed to and validated by the Company with a view to reservation, in accordance with the terms of use indicated on the Voucher.

Means of payment. The Company accepts payment:

– in cash (euros only), only if paid on site, and for amounts under 1,000 euros for Clients and Guests who can prove their tax residence is in France or when the reservation is for business purposes, or 10,000 euros for Clients and Guests who can prove their tax residence is abroad and whose stay is not for business purposes;

– by bank card, at the Restaurant. The Company accepts the following bank cards: Visa, Mastercard, American Express, Diners Club and JCB;

– by EVOK COLLECTION Gift Voucher as described above.

The Company does not accept payments by cheque, chèques-vacances [travel vouchers] or tickets restaurant [meal vouchers].

 

Effective payment. Payment will be considered received and effective, in the event of payment in cash, once the cash has been handed over; in the event of payment by bank card, once the payment provider has validated the payment order; in the event of payment by bank transfer, once the funds have been credited to the Company account; all of the foregoing being without prejudice to the applicable provisions in the event of a payment incident.

Payment incident. In the event of a payment incident resulting in the annulment, for any reason whatsoever, of all or part of the payment already made to the Company, the Client and the Guest are jointly and severally liable to the Company for any fees and charges incurred as a result of the payment incident.

 

6 – COOLING-OFF PERIOD – CHANGES – CANCELLATION – TERMINATION

Absence of a cooling-off period. There is no cooling-off period for catering services referred to in these T&Cs, which must be provided on a specific date or during a specific period.

 

Changes and cancellation by the Client. Reservations can be modified or cancelled by the Client as per the terms and conditions agreed at the time of reservation. These terms and conditions can be consulted on the reservation form published on the Website, or sent directly to the Client upon request to restaurant@brachparis.com and are, in any case, brought to the Client’s knowledge before they provide their bank details. They can also be found in the reservation confirmation email sent to the Client. Unless otherwise stated at the time of reservation,

– this can be cancelled by the Client free of charge until two hours before the reservation time;

– in the event of cancellation within two hours of the reservation (on an hour-by-hour basis), as in the event of no-show, a cancellation fee of 80 euros per cancelled or no-show Guest will be payable and deducted from the bank guarantee.

 

(C) In addition, Clients with the capacity of consumers or non-professionals within the meaning of the French consumer code are reminded of the following provisions of this code:

Article L. 215-1-1:

When a contract has been entered into electronically (or has been entered into by another means and the professional, on the day of termination by the consumer, offers the consumer the option of entering into contracts electronically), termination must be made possible under this same arrangement.

As such, the professional must provide the consumer with a free, electronic means of announcing their wish to terminate the contract and perform the steps required to do so. When the consumer announces termination of the contract, the professional must confirm receipt of the announcement and inform the consumer, on a durable medium and within a reasonable time frame, of the date on which the contract comes to an end and the effects of the termination.

A decree establishes the technical arrangements to identify the consumer and ensure easy, direct and constant access to the means mentioned in the second paragraph, as well as arrangements for its presentation and use. It sets out the information that must be provided by the consumer.

Article L. 215-3:

The provisions of this chapter also apply to contracts entered into between professionals and non-professionals.

 

Other cases of cancellation or termination. The reservation is terminated as of right in the case of force majeure, by unforeseen and unavoidable circumstances brought about by a third party, or by the Client or the Guest making it impossible to perform the service. The Company cannot be held liable on account of the termination or for shortcomings in the performance brought about by these circumstances.

The Company is within its right to cancel the reservation, or bring it to an end, in the event of the Client’s or the Guest’s disregard for the terms and conditions of use of the services offered by the Company or any behaviour likely to cause any harm whatsoever or disrupt other clients’ stays at the Restaurant or the Hotel; this cancellation will give rise to the payment of cancellation fees under the conditions set out in the paragraph “Changes and cancellation by the Client”, without prejudice to any other damages.

If the Company cancels or terminates the reservation without good reason, the Company will reimburse the Client in full for the amounts previously paid by the latter, where applicable; no other amount will be added in respect of this termination for any reason whatsoever, without prejudice to the provisions of paragraphs (C) above of this Article 6. Articles L. 214-1 of the French consumer code and 1590 of the French civil code are expressly set aside.

 

7 – GUEST BEHAVIOUR AND LIABILITY

Guests are required to ensure the security and integrity of their belongings and not to leave them unattended. Guests are also invited to avoid, whenever possible, bringing possessions and belongings to the Restaurant or the Hotel that are clearly superfluous, useless or inappropriate for their experience at the Restaurant. No liability is incurred by the Company in the event of the theft, loss or other disappearance of or damage to these belongings. Clients and Guests are liable for all damage, deterioration and acts of vandalism that occur to both movable and immovable property in the Restaurant, the Hotel or its outbuildings, regardless of whether they belong to the Hotel, during their visit at the Restaurant. If appropriate, the Company may ask the Guest to leave the Restaurant before the end of their meal. The Client and the Guest are jointly and severally liable for the amount of the damages for the harm suffered.

 

8 – INTELLECTUAL PROPERTY RIGHTS

The Client is expressly informed that the Hotel, the Restaurant and their various spaces in their capacity as architectural and decorative works, as well as the objects furnishing them and the Company’s promotional or advertising materials (hereinafter the Works, including the Website, catalogue, photographs, logos, furniture, accessories, decorative objects, works of art and the graphic elements used on these materials) are covered by intellectual property rights including authors’ royalties, design rights, marks and patents, held by the Company as well as third parties, particularly product managers and creators. Clients and Guests are therefore strictly forbidden from reproducing the Works and displaying them to the general public. Any disregard for the intellectual property rights mentioned above constitutes copyright infringement and is punishable by criminal sanctions and an order to pay damages.

 

9 – HANDLING COMPLAINTS

The Client or the Guest must send any and all complaints by post to BRACH PARIS – Service Client – 1-7, rue Jean Richepin – 75116 Paris, France or by email to restaurant@brachparis.com no more than eight days after their visit to the Restaurant that gave rise to the complaint, detailing the date and time (lunch or dinner) of the service, their details, and the email addresses, postal addresses and telephone numbers the Company can use to reply to them. The Company can use the means and address of its choice to reply to Clients or Guests if the complaint gives several options. Complaints made more than eight days after will not be considered.

The Company cannot favourably respond to any complaints that do not cite a right conferred upon the Client or the Guest under the contract or the statutory or regulatory provisions. Complaints citing such a right will be assessed by the Company as stated below.

The Client and the Guest undertake to cooperate and respond promptly and in good faith to the Company’s requests so their complaint can be handled fairly and efficiently. After having obtained all the information needed to handle the complaint, the Company undertakes to inform the Client or the Guest as soon as possible, and at the latest within 15 days of receipt of all the necessary information, of the outcome of their complaint.

 

10 – SETTLING DISPUTES (C)

In the event of a disagreement, the Client or the Guest can access a conventional mediation procedure or any alternative way of settling differences of opinion.

Mediation. After having contacted the Company’s Customer Services department as indicated in article 8 – Handling complaints and in the absence of an agreement or a satisfactory response from the department within 60 days, the Client or the Guest can, in order to resolve the dispute out of court, contact the Company’s appointed consumer ombudsman free of charge, as follows: AME Conso – 11 Place Dauphine 75001 Paris, France – Telephone: +33 (0)9.53.01.02.60 – Website:  www.mediationconso-ame.com. Non-professional Clients and Guests, within the meaning of the French consumer code, can also contact the consumer ombudsman in the same way.

Settling disputes online. The Client and the Guest are informed of the existence of the Online Dispute Resolution (ODR) platform run by the European Commission. It can be accessed via this link:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. The Company’s email address for these purposes is restaurant@brachparis.com.

 

11 – PERSONAL DATA

 

12 – STORAGE OF CONTRACTS ENTERED INTO ELECTRONICALLY (C)

When a reservation contract is entered into electronically (via the online reservation form on the Website, or by exchange of emails), the Company stores and archives it for ten years after performance of the services. The Client can ask to consult it at any time by sending a request to BRACH PARIS – Service Client – 1-7, rue Jean Richepin – 75116 Paris, France or by email to restaurant@brachparis.com, specifying their name and contact details.

 

13 – APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION

Applicable law. French law is alone applicable to the relationship between the Company and the Client / Guest as regards the offer, formation, performance or discharge of the reservations and services, the T&Cs and the contract.

Court of competent jurisdiction. French courts alone have jurisdiction over disputes between the Company and the Client or the Guest arising from or relating to the offer, formation, performance or discharge of the contract, and more generally in the subject matter or interpretation of the contract, including T&Cs.

(C) However, if the Client or the Guest party to the dispute has the capacity of consumer under the meaning of the French consumer code, the following have jurisdiction:

When French courts are competent, the competent national court is determined pursuant to the French code of civil procedure. (C) The Client or the Guest party to the dispute can also bring a case before the court of the place where they were living when the harmful event occurred, if this place was in France.

Contract language. In the event of a dispute, only the French version of these general terms and conditions of sale will be binding; it will prevail between the parties over any other version or translation.

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Brach Paris

11 rue Jean Richepin
75116 Paris
Tél. : +33 (0)1 44 30 10 00
booking@brachparis.com

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Codes GDS : Sabre WV 319380 - Amadeus WV PAR182 - Worldspan WV E3824 - Apollo - Galileo WV PAR82