Term of sales : Restaurant and Brasserie

 

 

1. Preamble

The gastronomic restaurant called “Restaurant GIRARDIN” (hereafter, the “Restaurant” and the LA MAISON DES TÊTES bar (hereafter the “Bar”) are operated by the company called LA MAISON DES TETES, Limited Liability Company with capital of 680,562.88 euros, headquartered at 19 rue des Têtes – 68000 Colmar, registered at the Commerce and Business Registry of Colmar under no. 400 149 936, whose inter-community VAT no. is FR 33 400149936.

LA MAISON DES TETES permits its customers to reserve tables on its website www.maisondestetes.com (hereafter the “Site”), by email at contact@maisondestetes.com or by telephone at +33 (0)3 89 24 43 43).

The present terms and conditions of sale of LA MAISON DES TETES (hereafter the “TCS”) define the rights and obligations of the parties within the framework of reserving tables at the Bar and the Restaurant, with the exception of reservations of hotel rooms or meeting rooms, which are addressed by separate TCS.

Any reservation is deemed as acceptance without restriction or reserve by the Customer of the TCS on the Site at the time of the reservation by checking the box specified for this purpose. The Customer declares to have obtained all necessary information from LA MAISON DES TETES on the Site, and to have full legal capacity permitting it to commit itself under the TCS.

The Customer has the option of saving and printing the TCS from the Site by using the standard functionalities of his browser or computer, or by requesting a paper copy at the time of arrival.

The Site mentions the following information:

  • the essential characteristics of the dining proposed;
  • the additional services proposed;
  • the prices;
  • the payment terms;
  • the TCS;
  • the means of payment accepted.

 

2. Definitions

In the remainder of the present document, the terms below shall take the following meaning:

“Confirmation of receipt”:
Email sent by LA MAISON DES TETES to the Customer restating the reservation made by the Customer and confirming receipt of it.

“Confirmation of reservation”:
Paperless document which restates the characteristics of the services reserved by the Customer. Acceptance of the confirmation of reservation serves to commit the customer contractually.

“Customer”:
Natural person or company acting for his personal or professional needs.

“Consumer”
Any natural person who acts for purposes that are not within the framework of his commercial, industrial, trade or employment activities”

“Email”:
Any message in the form of text, voice, sound or image, sent by a public communication network, stored on a server on the network or in the terminal equipment of the recipient, until this latter party collects it.

“Request for reservation”:
Reservation request for table(s) made by the customer by any means.

“Partners”:
Suppliers of services accessible through the Site or mobile Services and, notably, tour operators, car rental companies, suppliers of train or plane tickets.

“On-line reservation”:
Reservation of table(s) through a paperless reservation system on the Site.

“Service”:
Reservation of tables(s).

“Site”:
Electronic service operated by LA MAISON DES TETES on the Internet and accessible at address www.maisondestetes.com.

 

3. Reservations

a. The Customer acknowledges having become familiar with the nature, purpose and terms of reservation of the services available on the Site, and having requested and obtained the necessary and/or additional information for making his reservation with full knowledge of the consequences. The Customer attests to the truthfulness and accuracy of the information provided.

b. The Customer may reserve, on the Site, on an individual basis, and for his personal needs, one or several tables for a maximum number of 10 people for the Brewery, and eight (8) persons for the Restaurant. For reservations concerning larger groups (hereafter the “Group(s)”), reservations are made exclusively by telephone or email.

c. The reservation is deemed established upon confirmation of it by LA MAISON DES TETES, or at the time of effective payment of the deposit for group reservations (see article 4.).

d. For each reservation, the Customer agrees to complete the information requested on the form or at the time of the request for reservation. He also agrees, if applicable, to provide the number of the gift voucher that he intends to use to pay for all or a portion of the services reserved.

e. LA MAISON DES TETES reserves the right to refuse a reservation from an unreliable or “risky” customer (example: no-show already observed, absence of payment…) or ask him to pay a deposit under the same conditions as for a group reservation.

 

4. Deposit

Group reservations are only accepted in exchange for payment of a deposit equal to 30% of the cost of the services reserved. LA MAISON DES TETES reserves the right to request total pre-payment for services.

The deposit may be paid:

  • Either by bank card: VISA – MASTERCARD – AMEX.
  • Or by cheque made payable to La Maison des Têtes
  • Or by bank wire:

SWIFT Code (BIC): CCBPFRPPSTR
IBAN : FR 76 1760 7000 0149 2145 4072 043

 

5. Cancellation or modification by the Customer

a. In application of article L. 121-21-8 12° of the Consumer Code, the Customer does not have the right of retraction specified in article L. 121-21 of the Consumer Code.

b. Group reservations may be cancelled under the following conditions:

(D= date of the services)

Total cancellation:

  • Cancellation D-15 : cancellation at no charge.
  • Cancellation between D-10 and D-3: payment for 50% of services reserved.
  • Cancellation D-2 and D-1: payment for 75% of services reserved.
  • Cancellation D: payment for 100% of services reserved.

“No-shows” (services ordered and not cancelled) will be billed to the Customer for the entire amount due for the services.

Partial cancellation within the timeframes stipulated for total cancellation (reduction of headcount initially expected):

  • If the headcount is reduced by less than 10%, cancellation at no expense.
  • If the headcount is reduced by more than 10%, all the reserved services are billed as a set indemnity.

c. When it is possible, cancellation must be confirmed by postal mail, fax or email.

 

6. General provisions

a. A reservation is associated with a name and may not under any circumstances be transferred to a third party, either free of charge or for a price.

b. Animals are permitted as long as they are kept on a leash or in a cage. In any event,LA MAISON DES TETES reserves the right to refuse entry to any animal that it considers as dangerous or whose behaviour is of a nature to disturb proper execution of the services.

c. The Customer agrees and commits to behave in conformity with good moral standards and public law and order. Otherwise, LA MAISON DES TETES will be able to  ask the Customer to leave the establishment, without any indemnity or reimbursement, if payment has already been made. In case no payment has been made, the Customer will have to pay for the services consumed before leaving the establishment.

d. The foods and wines mentioned on the menus and on the Site are subject to adaptation/modification based on deliveries and availability of products.

e. The general ban on smoking in hotels and restaurants has been applicable in France since 2/01/2008 in all public places and, therefore, applies within the Restaurant and Bar and, in general, throughout the establishment of LA MAISON DES TETES.

f. The Customer is not authorized to bring food into the Restaurant or Bar. If he wishes to leave with a portion of the food not consumed, he agrees to comply with laws and regulations in effect concerning food and beverages, transport of them, health and safety standards and, in general, all guidelines applicable to restaurant services, such that the liability of LA MAISON DES TETES may not be sought in this regard. The Customer agrees to respect all rules in effect relative to health and the cold chain. It is specified that LA MAISON DES TETES declines all responsibility concerning food brought by the Customers. This clause is deemed as release of LA MAISON DES TETES from all liability.

 

7. Prices

a. The prices of the set menus, other menu items and the wine list on the Site are provided for informational purposes and are not contractual. The prices routinely applicable are posted in front of the Restaurant and Bar and are stated on the menus.

b. Prices related to a group reservation are indicated at the time of reservation.

c. All prices are payable in euros, and include all taxes.

d. The prices take into account the VAT applicable on the day of the order and any change in the applicable rate of VAT shall be automatically reflected in the prices indicated on the date of billing.

e. Any modification or implementation of new legal or regulatory taxes imposed by the competent authorities will automatically be passed on to the prices stated on the date of billing.

f. Certain promotional offers may be available on-line and may be sold exclusively on-line, and may not, under any circumstances, be sold at the Restaurant or Bar.

 

8. Payment

a. For Group reservations, the Customer provides his bank card information in order to guarantee the reservation (Visa, MasterCard, American Express) by indicating the card number, and the date of validity (it is specified that the bank card used must be valid on the date reserved. He must present the bank card used to guarantee the reservation at the restaurant or Brasserie, or used to make the prepayment or payment of the deposit. LA MAISON DES TETES will make a copy and will be able to verify the solvency of the Customer. It will also request that the Customer show a piece of identification in order to confront bank card fraud, of which the LA MAISON DES TETES will make a copy, which the Customer accepts without reserve.

b. For any other reservation, payment is made at the end of the meal.

 

9. Responsibility

a. The photographs presented on the Site/Brochures/Posters are not contractual. While all effort is made for the photographs, graphical representations and texts reproduced to illustrate the Bar and the Restaurant present as accurate an impression as possible of the services offered, variations may occur, notably due to changes in furnishings or eventual renovations.

b. Hypertexts links may connect to sites other than the Site of LA MAISON DES TETES, which declines any liability regarding the content of these sites and the services proposed.

c. Any reservation or payment which is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer shall result in cancellation of the order at the expense of the Customer, without prejudice to any civil or penal action against this latter party.

 

10. Respect of privacy

a. The Customer is informed, on each of the on-line forms used to collect personal information, about the obligatory or optional nature of responses, by the presence of an asterisk. Requests for optional information are intended to better understand the customer and improve the services which are offered to him.

b. In the absence of information identified as obligatory, LA MAISON DES TETES may not be able to record the reservation or address complaints from the customer.

c. The information processed is intended for LA MAISON DES TETES, its partners, service providers and, notably, on-line service providers, to which the Customer authorizes communication of his personal information.

d. Within the framework of the pre-contractual measures with a view to reservation or execution of the reservation contract, they may, each as he is concerned, receive information on identity, personal life and professional life, information of an economic or financial nature, notably for the purposes of hotel reservations and handling of complaints, but for exclusively non-commercial purposes, of which the Customer declares to be aware and to accept.

e. The Customer has the right to access, modify, rectify and eliminate the information which concerns him. To exercise this right, the Customer may contact LA MAISON DES TETES to make the request at the postal and email addresses mention of the beginning of the present TCS.

f. The processing of personal information was the subject of a declaration with the Commission nationale Informatique et Libertés.

 

11. Agreement on proof

a. Entry or remittance of the required banking information, as well as acceptance of the present terms and conditions and of the form or request for reservation, constitutes an electronic signature which has the same value between the parties as a handwritten signature.

b. The electronic records in the IT systems of LA MAISON DES TETES shall be kept under reasonable conditions of security and considered as proof of communications, orders and payments having taken place between the parties.

c. The Client is informed that his IP address is recorded at the time of the reservation.

 

12. Force majeure

a. Force majeure is understood as any event external to the parties which is unforeseeable and insurmountable, which prevents LA MAISON DES TETES from fulfilling all or a portion of the obligations specified in the contract (examples: fire, water damage…).

b. LA MAISON DES TETES will not be able to be held responsible by the Customer in case of non-fulfilment of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for LA MAISON DES TETES, execution of its obligations and that each party retains responsibility for the expenses resulting from it.

 

13. Settlement of disputes

a. The Customer is informed by LA MAISON DES TETES about the possibility of resorting to a procedure of contractual mediation in case of a dispute relative to the present terms and conditions, or to any other alternative manner of settling disagreements.

b. Complaints relative to non-delivery or poor delivery of the hotel services must, under penalty of forfeiture, be expressed to LA MAISON DES TETES in writing in the eight days following the date of the services, sent directly to the Bar or to the Restaurant or to the contact information for Customer Service indicated at the beginning of the present TCS.

c. After having referred the matter to customer service or to the Bar or Restaurant and attempted to resolve the dispute amicably, in the absence of amicable resolution within a period of 60 days following the date of referral, the customer may refer the matter to the Médiateur du Tourisme et du Voyage (tourism and travel mediator) whose contact information for referrals is available at the website http://www.mtv.travel.

 

14. Applicable law – Language – Competent Court

The present Terms and Conditions of Sale are governed by French law.
Only French version of the present Terms and Conditions is binding.
In case of a persistent dispute, exclusive competence is assigned to the Courts within the jurisdiction of the Tribunal de Grande Instance de Colmar, including for urgent proceedings.

 

15. Entire agreement

a. The present TCS and the form or request for a reservation express all the obligations of the parties.

b. No general or specific condition communicated by the Customer will be able to be included in the present terms and conditions.

c. The contractual documents stating the contractual commitments between the parties are, in decreasing order of relevance, the form or request for reservation (including the special conditions for the price reserved) and the present TCS.

d. In case of contradiction between the reservation form and the TCS, the provisions appearing in the reservation form shall be solely applicable for the obligation in question.

 

16. Evolution/modification of the Terms and Conditions of Sale

The present TCS may be modified and/or completed by LA MAISON DES TETES at any time. In this case, the new version of the terms and conditions of sale will be uploaded by LA MAISON DES TETES. Once they are placed on the Site, the new version of the TCS shall automatically apply for all Customers.