Logo Kyriad

TERMS AND CONDITIONS OF USE

Last updated on : September 10, 2019

PREAMBLE

LOUVRE HOTELS provides its guests with a digital platform, allowing online bookings with establishments listed on the platform belonging to the following brands of the LOUVRE HOTELS Group (referred to after as “ the Platform “).

The LOUVRE HOTELS online booking platform is accessible via the internet at the following address: Kyriad.

(referred to after as “ Platform “).

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

Legal notices

 

  1. ACCEPTANCE OF TERMS AND CONDITIONS

By using the Platform, the User acknowledges having read these Terms and Conditions of Use and accepts them without reservation, with reference to the Privacy Policy and personal data, the Referencing Policy and the Cookie Policy.

  1. DEFINITIONS

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

“ Guest ” : refers to any person who makes a Booking of one or more rooms in the establishment for personal or professional reasons, excluding any physical or legal persons reserving nights on behalf of third parties or for resale.

“ Account ” : refers to the space made available to a User on the Platform following his or her enrollment under the conditions laid down in these Terms and Conditions. This Account is strictly personal, individual and non-transferable to a third party. This Account is accessible via the identifiers of said User and also includes some of their Data.  Creating an Account implies acceptance by the User of the Flavours Instant Benefit Loyalty Program:

“ Data ” : refers to information concerning the User, including personal data, provided directly or indirectly by said User, particularly during the creation of his or her Account, while making a Reservation or while accessing the Platform. The User guarantees accurate and up-to-date information to LOUVRE HOTELS in particular his or her identity and contact information.

 “ Personal Data ” :  refers to, under article 2 of the Data Protection Act, “any information relating to a natural person who is or can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to them” and under Article 4 of the General Data Protection Regulation, “ any information relating to an identified or identifiable natural person (hereafter known 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 .” In particular, Personal Data includes data relating to Platform Users, enabling their identification.

“ Guest Area ” : refers to the interface reserved for Users with an Account and which is protected by a login and password. This Guest Area allows the User to utilize the Services.

“ Establishments ” : refers to the establishments, and in particular the hotels, of the different banners referenced on the Platform for which it is possible for a Guest to make Bookings through the Platform.

 Offer  ”: refers to the list of stays in rooms established from the Establishments available on the Platform, responding to a request made by the User, including in particular for each possibility: the description of the Establishment, the presentation and the particularities of each room, the applicable rate, the cancellation conditions.

“ PassForYou Loyalty Program ”: refers to the commercial offer proposed by LOUVRE HOTELS allowing a Guest to benefit, by the acquisition of a personal and personal sales card, of benefits such as discounts and services in the Establishments, under the conditions and limits provided for in the General Terms and Conditions of purchase and the use of the “ PassForYou ” cards which can be viewed on the platform and by clicking here:  T&Cs of PassForYou.

“ Flavours Instant Benefit Loyalty Program ” : refers to the offer by LOUVRE HOTELS allowing a Guest to benefit from advantages such as discounts in the Establishments under the conditions and limits provided for in the General Conditions of Use of the Program which can be consulted on the Platform and by clicking here[insérer ici un lien vers les CGU FIB]

. Creating an Account is subject to membership in this program.

 “ Booking ”: refers to when the User books one or more Offer(s) via the platform under the conditions provided in the General Terms and Conditions of Sale.

 “ Services ” : refers to all operations and functions proposed by LOUVRE HOTELS via the Platform within the conditions and limits laid down in the Terms and Conditions of Sale. Some Services are only available to Users with an Account.

“ User ” : refers to any physical person using the Platform, whether they are simply a visitor or a Guest.

  1. PURPOSE

The present Terms and Conditions, as well as the documents to which they refer, aim to define the conditions, rights, obligations, responsibilities and limits that are applicable to any use of the Platform, by any User (above and hereafter known as “ Terms and Conditions ”).

  1. PLATFORM AVAILABILITY

The User acknowledges and accepts that in the present state of technology, LOUVRE HOTELS cannot guarantee continuous availability of Services or of the Platform.

LOUVRE HOTELS shall make its best effort to make the platform available on an ongoing, continuous basis, except in the case of maintenance operations, updates or following events that are out of its control leading to complete or partial service disruptions, or small to large disturbances. In cases like these, LOUVRE HOTELS shall take all reasonable measures available to handle these disruptions or disturbances.

  1. CONDITIONS TO ACCESS THE GUEST AREA

Accessing and using the Guest Space by the Users is subject to the creation of an Account by the User. In case of acceptance of the creation of the Account by LOUVRE HOTELS, the User may connect to their account by using their username and password.

As part of the creation of the Account, the User is required to complete the requested information. The User agrees to transmit accurate, true, complete and up-to-date information, particularly concerning his or her identity and contact information. In the case of failure to answer completely and sincerely for all information requested during the creation of the Account, LOUVRE HOTELS can refuse said creation. 

The following fields are mandatory in order to create an Account:

  • First name ;
  • Last name ;
  • E-mail address ;
  • Country
  • Country/province code ;
  • Telephone number ;
  • Password.
  • Check the box inviting the User to become a member of the Flavours Instant Benefit Loyalty Program

We recommend that the Member to configure their password as follows : a minimum of 8 characters and 4 different types (capital letter, a lowercase letter, a number, a special character.)  

Applications containing incomplete or erroneous data shall not be considered.

The Member is responsible for the accuracy of the data that he or she provides and must inform LHG, as soon as possible, of any changes to data.

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

The User has the possibility of updating or modifying their data or deleting their account via the Guest Area, in the “ My Profile ” section.

  1. BLOCKING ACCESS TO THE MEMBER ACCOUNT

If the Account password is forgotten, LOUVRE HOTELS offers the User the possibility to recreate the password. To recreate the password, the User must select the " forgotten password "  link accessible on the Platforms and then enter the account identifier. An email is then sent to the email address entered by the User when creating an account indicating the steps to follow to recreate the password.    

  1. SERVICE DESCRIPTION

7.1 The services offered by LOUVRE HOTELS on the Platform allow Users:

  • To benefit from the online booking service within the establishments marketed on the Platform under the conditions provided by the LOUVRE HOTELS T&C and to manage their Bookings.
  • To benefit from the commercial offers offered by LOUVRE HOTELS (including  seminars, events, sports groups, promotional offers) in accordance with the general terms and conditions of sale specific to these offers, available either on the Platform or by approaching the participating establishments directly to said commercial offers.
  • To register for one of the LOUVRE HOTELS loyalty programs.

7.2 Guest area services : From the Guest Area, Users with an account have the opportunity to benefit from the following Services :

  • Managing and viewing their Bookings.
  • Configuring their preferences : they have the opportunity to register to receive newsletters or select their favorite brands.
  • View information about the Loyalty Program(s) of which they are members.
  • Manage, update or modify their personal information.
  • Delete their Account.
  1. TECHNICAL INTERMEDIARY

In accordance with the LOUVRE HOTELS Terms and Conditions which can be consulted on the Platform, the Offers and information provided by LOUVRE HOTELS are based on the data and information provided by the Establishments. The User acknowledges and accepts that LOUVRE HOTELS, as a technical service provider, has no control over data and information and, accordingly, LOUVRE HOTELS can neither verify nor guarantee the accuracy, lawfulness, legality, security, quality or comprehensiveness of Offers and information and content transmitted by the Establishment that it makes available on the Platform.

Additionally, as a technical intermediary, LOUVRE HOTELS has no control over and does not track or validate Reservations made at Establishments.

If LOUVRE HOTELS becomes aware of any wrongfulness pertaining to the content, whatever it may be, LOUVRE HOTELS reserves the right to proceed, at its discretion, to its immediate removal from the Platform.

Users are invited to alert LOUVRE HOTELS to any fraudulent use of the Platform that they may be aware of, in particular any content that would contravene the prohibitions stated in the Terms and Conditions or more generally any applicable laws and regulations.

  1. CONDUCT

Every User must utilize the Platform responsibly, with respect and courtesy for the rights of LOUVRE HOTELS and all third parties.

By accessing the Platform, the User commits to and specifically guarantees that they :

  • Have the qualifications and skills necessary for using the Platform ;
  • acting in compliance with all provisions of the present Terms and Conditions and to respect these Terms and Conditions ;
  • respecting all applicable laws including those in effect in countries where he or she is accessing the Platform ;
  • communicating accurate, complete and up-to-date information ;
  • respecting the intellectual property rights of LOUVRE HOTELS and potential third parties ;
  • Shall use the Platform within the scope of its functionality and its purpose.

In addition, the User is prohibited from the following :

  • Using the Platform’s functionalities for purposes not indicated in the Terms and Conditions, in the Terms and Conditions, or contrary to the Platform’s purpose, and/or which would undermine the rights of LOUVRE HOTELS GROUP or one of its partners, or the rights of a third party ;
  • using a false identity or otherwise deceiving anyone ;
  • communicating false, stolen or erroneous contact details and information to LOUVRE HOTELS ;
  • uploading to the Platform, posting, making accessible or transmitting by any means and, particularly, by electronic mail :
    • content that he or she does not have the right to upload,
    • content that is illegal, prejudicial, threatening, offensive, harassing, tortious, defamatory, vulgar, obscene, contrary to morality, violating the privacy of a person, heinous or derogatory or shocking from a racial, ethnic or other point of view,
    • Any element containing software viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunication equipment ;
  • interfering or interrupting the functioning of the Platform or of servers or networks connected to the Platform, or violating the requirements, procedures, policies or regulations ;
  • Accessing personal data which is not meant for him or her or entering a server that the User is not authorized to access ;
  • attempting to probe, scrutinize or test the vulnerability of a system, particularly the Platform’s, or to violate security or authentication measures without having received authorization ;
  • Usurping or trying to usurp the identify of another User of third party ;
  • harm a natural person or legal entity via the Platform ;
  • Violating the reputation of LOUVRE HOTELS, of the Platform, or of any other Users or third parties.

The User shall also commit to not divulging any personal, professional or confidential information published on the Platform or of which he becomes aware by using the Platform or which originates from a third party.

The User shall refrain, a fortiori, from any processing of Personal Data obtained on the Platform or by way of it and, in particular, from any data collection or unauthorized, fraudulent use and from any action likely to interfere with the private lives or reputation of one or several other Users or any other natural person or legal entity.

  1. INTELLECTUAL PROPERTY RIGHTS

The Platform, including all of its constituent elements, in particular its developments, graphic designs, images, photographs, entertainment, clips, texts, logos, software and interfaces (hereafter known as the “ Content ”) is the sole property of LOUVRE HOTELS and is protected by intellectual property rights, with the exception of brands, logos, images, photographs and distinctive signs belonging to external companies or third parties.

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

It is particularly prohibited to (i) copy, modify, create a derivative work, assemble, decompile (with the exception of cases provided by law), sell, attribute, sublicense or otherwise transfer any rights attached to the Content and to (ii) modify all or part of the Content in order, in particular, to obtain unauthorized access to the Platform.

Accordingly, any reproduction and/or representation, complete or partial, of the Content, without the prior written consent of LOUVRE HOTELS GROUP, is prohibited and constitutes an infringement of the French Intellectual Property Code.

LOUVRE HOTELS GROUP, or any other entitled to these rights, may take any measure or action, including judicial action, in order to have any infringement of its rights stopped, in particular intellectual property rights, and reserves the right to seek damages in the case of such an infringement.

  1. COOKIES

Cookies are pieces of information stored on a web user’s computer hard drive and used by the Platform to send information to the web browser, enabling the browser to send information back to the original web site.

LOUVRE HOTELS uses cookies and specifies on the following link the types of cookies it uses: Cookie usage policy.

User has the right to access, rectify and delete his or her Personal Data communicated cookies.

The configuration of the browsing software enables detection of the presence of a cookie and the refusal of the cookie.

However, certain Platform functions shall no longer be available for use if the User refuses the installation of cookies.

  1. HYPERLINKS

Any creation of hyperlinks to the Platform, any framing of the Platform, and, more generally, any use of elements comprising the Platform, is subject to the prior written consent of LOUVRE HOTELS, which may be revoked at any time at its sole discretion.

LOUVRE HOTELS shall not be held responsible for the content of sites to which Users are redirected via hyperlinks.

  1. PROTECTION OF YOUR PERSONAL DATA

LOUVRE HOTELS, as Data Controller, collects and processes Personal Data provided by Program Members, in compliance with the new General Data Protection Regulations [1] (hereinafter " GDPR ") and the French Data Protection Act.[2].[1]

For more information regarding Personal Data Protection, Members and Users are invited to consult the Privacy Policy accessible by clicking on the following link : Personal data .

  1. LIABILITY

The User acknowledges using the Platform under his or her sole responsibility. It is the User’s responsibility to guard against dangers posed by the Internet and to take necessary measures to protect his or her own data (including Personal Data) and/or software from contamination from any possible virus that could affect his or her computer or any other computer hardware that he or she uses or that is in his or her custody.

The User takes sole responsibility for his or her means of access to the Internet and to the Platform.

Except for Data, LOUVRE HOTELS tries its best to ensure the accuracy of information accessible on the Platform but does not guarantee that the information provided by Hotels or any other third party is accurate, complete or up-to-date.

Moreover, LOUVRE HOTELS declines any responsibility in the event of Platform interruption, malfunctioning or any damage resulting from fraudulent actions of third parties or User(s).

Furthermore, LOUVRE HOTELS shall in no event be held responsible for any damage, whatever the cause, origin, nature and consequence may be, arising from the improper use of the present Terms and Conditions by the User and from the consultation or use of the Platform by a third party.

LOUVRE HOTELS cannot be held responsible for reasons whose event causes originated a case of force majeure, including if such a case of force majeure affects one of its subcontractors, as well as than any event beyond its exclusive control.

In addition, LOUVRE HOTELS informs the User that it reserves the right, at any moment and for any reason, to use any means necessary to suspend or remove, without notice, full or partial access to the Platform and, in particular for any conduct, manifest or presumed, deemed to be in explicit or implicit violation of all or part of the Terms and Conditions (including the Privacy Policy), without prejudice to any damages, that LOUVRE HOTELS GROUP reserves the right to seek compensation from the Guest for any damage suffered.

  1. CHANGES TO THE TERMS AND CONDITIONS

The Terms and Conditions may be subjected to updates on behalf of LOUVRE HOTELS. The preceding Terms and Conditions shall then be automatically canceled and replaced by a new version that is immediately enforceable against the User and that mentions the date of the last update, indicated at the top of the Terms and Conditions. To be informed of potential modifications and updates, it is recommended that the User consult the Terms and Conditions regularly.

  1. SURVIVAL

The stipulations of the Terms and Conditions, which by their nature and their formulation should continue to apply after termination of use of the Platform for any reason whatsoever as well as the stipulations of the “ Responsibility ”, “ Protection of Personal Data ” and “ Intellectual Property Rights ” articles, shall stay in effect as long as it takes to serve their purpose.

  1. NULLITY – TITLE

If one or several stipulations of the Terms and Conditions are deemed to be invalid or declared as such under any law, regulation or following a definitive ruling by a competent court, the other stipulations shall retain their force and scope.

In the event of a difficulty in interpretation arising between any of the titles heading the clauses, and any of the clauses, the titles shall be discarded and the content of the clause in question shall prevail.

  1. APPLICABLE LAW

The present Terms and Conditions and the documents they refer to are governed by French law.

In the event of a dispute, the User agrees to first contact LOUVRE HOTELS in order to attempt to amicably resolve any conflict that may arise concerning the Terms and Conditions.

IN THE ABSENCE OF AN AMICABLE AGREEMENT WITHIN THE 30 DAYS FOLLOWING THE LETTER INITIATING SUCH AN APPROACH, ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR BREACH OF THE TERMS AND CONDITIONS, EVEN IN THE CASE OF MULTIPLE DEFENDANTS, SHALL BE SUBJECT (EXCEPT EXCLUSIVE COMPETENCE RECOGNIZED BY A DIFFERENT JURISDICTION, IN PARTICULAR AT THE HIGH COURT OF PARIS REGARDING INTELLECTUAL PROPERTY LAW) : (i) IN THE EVENT OF A DISPUTE WITH A MERCHANT, AT THE COMMERCIAL COURT OF PARIS ; (ii) IN THE EVENT OF A DISPUT WITH A NON-MERCHANT, AT THE FRENCH COURT WITH TERRITORIAL JURISDICTION.

 

[1] [1] Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)

[2] French Law no. 78-17 of January 6, 1978 regarding data processing, files and individual freedom

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