Terms of sales and use
PART I – GENERAL TERMS AND CONDITIONS OF SALE
For the purposes hereof, the terms defined below, both in the singular and in the plural, shall have the following meaning:
- “Customer”: any natural person or legal entity acting as a consumer within the meaning of the Consumer Code, i.e. for purposes not in connection with its commercial, industrial, artisan, professional or agricultural activity;
- “Services”: catering services and/or services proposed directly by the Service Provider or indirectly via its website.
Article 1 – General provisions
1.1 The provision of the Services is subject to the stipulations hereof, complemented by the specific terms and conditions of the Service. They take precedence over all terms and conditions of purchase which may be enforced there against and express the entirety of the rights and obligations of the parties and are inseparable, where applicable, from the “General Terms and Conditions of Use” section below for any booking and/or order placed via a website of the Service Provider.
1.2 The Service Provider reserves the right to not accept booking for events of which the electoral, political or religious nature is incompatible with or prejudicial to the image and shared aim of the Service Provider or the venue where the Services are to be provided.
1.3 If any one of the clauses hereof (in full or in part) were to prove unlawful, invalid or inapplicable, the other provisions would remain in force.
1.4 The fact that the parties do not exercise the rights recognised as theirs pursuant hereto may not in any event be interpreted as waiver of asserting the said rights.
1.5. This document is drawn up in French.
ARTICLE 2 - Prices
Prices are expressed in euros, exclusive of tax or inclusive of tax. Prices can be revised at any time without prior notice. Prices invoiced are those in force on the day of the booking. They are subject to the VAT in force which is applicable on the day of the service. All new taxes or charges which may be created, or any change to current charges or taxes, automatically entail the readjustment of prices. Prices may also be subject to a differentiated pricing policy based on management of capacities available resulting in their variation. It is for the Customer to assess, before approving the booking, whether the price is suitable. No dispute regarding price may be considered at a later date. The prices of services or of services net of the principal services are not modifiable after the booking.
Article 3 – Terms of booking and of payment
3.1 The Service Provider makes these General Conditions available to the Customer on its Internet website in order for it to read them prior to any booking.
Bookings are made in writing, by email, by telephone, by delivery service or directly on the Service Provider’s Internet website. To make a booking, the Customer must be at least 18 years of age and have legal capacity to enter into a contract.
Any fraud in breach of these General Provisions may result in refusal by the Service Provider, at any time, to allow access to the Services.
3.2 All bookings entail acceptance of these terms and conditions and become effective on total or partial payment by the Customer. A deposit of 90% of the total amount of the service, or 100% for online bookings, will be required. In the case of partial payment, the balance remaining due must be paid by the Customer on the day of the service.
3.3 The exact number of participants must be confirmed in writing at the latest 3 business days before the date of the service. During this period of more than seventy-two (72) hours, the Customer has the option of reducing the number of participants indicated at the time of the initial booking within a limit of 10% or of increasing their number within the limit of the number of places available.
3.4 Payment may be made in cash (within the maximum of the regulatory limit), cheque (drawn exclusively on a bank domiciled in France), bank card, wire transfer or any other means of payment accepted by the Service Provider. At the time of payment by bank card, the Customer agrees to use only and personally the card of which he is the owner. In case of fraudulent use, the Service Provider’s responsibility cannot be engaged. The Customer shall indicate at the time of payment the number, the validity date and the cryptogram of his bank card.
Remote payment by bank card is fully securitised by SSL protocol and insured by an organisation specialising in online securitised transactions. Transmission of bank data takes place by securitised link and directly onto the Internet website of said organisation. In any event, non-availability of the electronic payment service can in no case dispense the Customer from its obligation to pay for the chosen Services.
3.5 Any delay in payment will, after the sending of a letter of formal notice, result in the invoicing of late payment interest exclusive of tax, equivalent to application of a rate equal to the rate of the European Central Bank, increased by 10 points. These penalties will be applied from the due date of the principal up to the date of actual payment in full.
A fixed indemnity compensating recovery costs of €40 will be automatically due by all professionals in the case of any delay in payment (Art. L.441-5 of the Commercial Code).
3.6 All services and overtime not provided for will be the subject of additional invoicing after the event.
Article 4 – Cancellation
4.1 Due to the Customer
Refer to Article 10.
4.2 Due to the Service Provider
Refer to Article 9 Force Majeure.
Article 5 – Internal regulations
5.1 The Service Provider will do everything in its power to ensure that the Service is provided in the terms and conditions provided for in the booking.
In no event may the number of participants present at the venue exceed the venue capacity established for each venue.
5.2 Any equipment or items which may prove hazardous for customers or the Service Provider’s staff will be refused.
5.3 Proper dressing and respectful behaviour not prejudicial to the safety rules are required.
5.4 Anyone in breach of the above may be refused access or be removed from the venue where the Service is provided, without the option of being refunded the price paid, the Service Provider also reserving the right to take all measures that it deems fitting.
5.5 For more information, the Customer may have access, at any time, on request or on site, to the internal regulations of the venue where the Service is provided.
Article 6 – Confidentiality
The parties mutually undertake to keep the strictest confidentiality on all documents and information that are brought to their attention in the context of execution of the services.
Article 7 - Intellectual property
The Service Provider is owner of all intellectual property rights relating to the BATOBUS trademarks and to the website “https://www.batobus.com/”.
Accessible elements, notably in the form of texts, photographs, images, icons and sound, are also protected by intellectual and industrial property rights and other private rights. In no event may the Customer reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, using any means whatsoever, or use in any way whatsoever, all or part of the Service Provider’s trademarks without its prior authorisation. Use that has not been authorised beforehand, on any basis whatsoever, of all or part of the information may form the subject of any appropriate action, including an action for infringement.
Article 8 – Liability – Insurance
Le Prestataire décline toute responsabilité en cas de vol ou de dégâts causés à tous types d’objets ou de biens (effets personnels, bagages à main, matériels etc.) appartenant au Client ou qui lui seraient confiés.
Le Prestataire facturera au Client tout vol ou dégât mobilier et immobilier causé dans les lieux de la prestation par lui-même ou un membre des participants.
En cas d’inexécution de ses obligations contractuelles, le Prestataire ne pourra remboursée au-delà de 100% de la prestation commandée.
Le Prestataire déclare être assuré auprès d’une compagnie notoirement solvable pour sa responsabilité civile d’exploitation à hauteur de 8 millions d’euros et notamment en cas d’intoxication alimentaire.
Article 9 – Force majeure
The Service Provider or the Customer reserves the option of cancelling a service in the case of a force majeure event (fire, explosion, attack, natural disaster, flood, administrative restrictions, etc.). In this case, the down payment possibly made will be refunded without the Customer being able to claim any additional compensation.
Article 10 – Right of withdrawal
Under Article L .221-28(12) of the Consumer Code, the Customer may not exercise the right of withdrawal for the provision of catering services and leisure activities which must be supplied on a specified date or during a specified period.
Article 11 – Personal data
Article 12 - Receipt of notifications and newsletters
The Customer may, at any time and free of charge, ask us to stop sending advertising or commercial offers by contacting us directly at firstname.lastname@example.org or via the unsubscribe link included in any offer we may send to the Customer by email. This objection is without prejudice to the legality of any mailings sent out before implementation of that objection. Under Article L.223-2 of the Consumer Code, the User is informed of their right to register, free of charge, to opt out of receiving marketing calls (www.bloctel.gouv.fr).
Article 13 - Proof
It is expressly agreed that, barring an obvious error established by the Customer or by the Service Provider, the information stored in the latter’s information system has probative force. The information on computer or electronic media retained by the Service Provider constitutes evidence and, if it is furnished as evidence in any contentious or other proceedings, it shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is drawn up, received or retained in writing.
Article 14 – Complaints
In the event of a complaint regarding the service, the Customer has the option of contacting the Service Provider by post at BATOBUS – Customer Service - Port de la Bourdonnais – 75007 PARIS – France or by email at email@example.com.
In the event of a dispute between the professional and the consumer, they shall make an effort to find an amicable solution.
Failing an amicable agreement, the consumer shall have the option to refer the matter, free of charge, to the Consumer Ombudsman with authority over the professional, i.e. the Association des Médiateurs Européens (AME CONSO), within one (1) year from the date of the written complaint sent to the professional.
Referral to the Consumer Ombudsman must be carried out:
- either by completing the relevant form provided on the AME CONSO website: www.mediationconso-ame.com;
- or by letter addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS – France.
This provision regarding referral to the Ombudsman does not apply to legal entities.
Article 15 – Applicable law – Disputes
This contract is governed by French law. It must be applied and interpreted in accordance with this law.
In the event of any dispute, the Customer will contact the Service Provider in order to find an amicable solution.
The Customer is advised that they may, in any event, resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sector-based mediation bodies or to any alternative dispute settlement method (conciliation, for example) in the event of any challenge.
On failure to reach an amicable agreement, the case will be brought before the courts with jurisdiction, it being stated that the deadlines in which to initiate proceedings are not interrupted during the period of seeking this amicable solution.
In the event of any dispute or challenge, the French courts alone will have jurisdiction and the French laws alone will apply. Disputes arising with our customers registered in the Companies Register will be submitted to the Commercial Court of Paris.
All the above clauses will be respected in full by each party.
PART II – GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
The purpose of this section of the General Terms and Conditions of Sale and Use of the website is to define the terms and conditions of availability of, access to and use of the Service Provider’s website and said terms and conditions are enforceable on Users.
WE ENCOURAGE YOU TO READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE, AS WELL AS APPLICABLE LAWS AND REGULATIONS.
For the purposes of this section, the terms defined below, both in the singular and in the plural, shall have the following meaning:
“Contribution”: all content (photographs, images, information, remarks, comments, CVs, cover letters, etc.) that may be published, edited, drafted, shared, deleted and/or modified on the Website by the User;
“GTCU”: these general terms and conditions of use;
“Publisher”: the company or companies publishing the website(s) mentioned in the Legal Notice;
“Website”: the Website and the portals and variations of the associated URLs, where applicable;
“User”: anyone logging on to the website, such as the Customer, visitors, etc.;
“Functionality”: services made available to the User on the website, as described below;
“Services”: the services offered, which may be booked by the User under the terms and conditions set out on the website.
Article 16 – Access to the Functionalities
Access to the Functionalities of the website is open to anyone browsing on the said site and is conditional on compliance herewith. The User is informed that he has the option of saving and printing these GTCU by using the standard functionalities of his browser or computer. By using the Functionalities, the User acknowledges that he has obtained from the Service Provider all the necessary information about the Functionalities and that he accepts, unreservedly, the GTCU.
Any User undertakes, after acceptance of the GTCU, to comply with them scrupulously. Failure to comply with the GTCU engages the User’s liability and may entail immediate and automatic suspension, or permanent and automatic cessation of access to the website and to the associated Functionalities.
The User is responsible for the use he makes of the information made available to him by the User in connection with the Functionalities and must take into consideration all notices featuring in these GTCU and on the website.
The conditions of access to and use of the Functionalities may be changed without prior notice by the Service Provider. Availability of each Functionality depends on the website and a User might therefore not have access to all or part of the Functionalities below.
Article 17 – Functionalities
The website allows the User to access all or part of the following Functionalities:
17.1 Consulting information about the Services. This functionality allows the User to have access to information relating to the Services (e.g. times, descriptions and specific terms and conditions of the Services, information about products offered, etc.).
17.2 Booking. The User may book Services on the website. The terms and conditions of access and of functioning of the order for these Services feature on the website and herein. In any event, the User undertakes to ensure that all information provided to the Publisher (including Personal Data) at the time of registration is always truthful, accurate, complete and up-to-date. In particular, the User undertakes not to create a false identity likely to mislead the Publisher or any third party and not to usurp the identity of another natural person. In the event of any changes, the User undertakes to update all the information concerning him immediately. If the User provides any false, inaccurate, outdated, incomplete, deceitful or misleading data, the Publisher may immediately suspend or terminate the User’s account and temporarily or permanently refuse access to all or part of the Functionalities.
17.3 Receiving notifications and newsletters from the Service Provider and/or its partners. Depending on the choices made at the time of booking, the User may receive commercial notifications where applicable and/or newsletters from the Service Provider and/or its commercial partners.
17.4 Submission of applications. The User may submit an unsolicited application in accordance with the terms and conditions set out on the Website.
Article 18 – User Contributions
The User undertakes to ensure that his Contributions comply with all applicable laws and regulations. Without this list being exhaustive, it is prohibited to publish any Contribution whose content would or would be likely to infringe:
- Public order or morality,
- The rights of third parties (image rights, privacy, etc.),
- The intellectual property rights of any third party and/or Sodexo.
In this respect, the User undertakes to ensure that his Contributions are relevant to the context. They must not contain subjective comments, especially if they are excessive or insulting, or reveal, directly or indirectly, any information considered sensitive (racial or ethnic origin, political, philosophical or religious opinions, trade union membership, information relating to health or sex life, offences, convictions or security measures).
The User declares that he accepts all civil and criminal liability that would result from the publication of his Contributions on the Website. In addition, the User shall indemnify the Publisher against any action, of any kind whatsoever, which may be brought against him by any interested person for the User's failure to comply with the foregoing provisions.
It is specified that in the event of failure by the User to comply with the provisions of this article, Sodexo reserves the right to remove from the Website any disputed Contribution, notwithstanding Sodexo’s right to suspend or terminate the User’s access to the website without prior notice.
Article 19 – Terms and conditions for providing access to the Website
19.1 Availability. Access to the website is open and free to any User with Internet access. All costs relating to access, whether costs relating to hardware, software or Internet access, are exclusively borne by the User. He alone is responsible for the correct functioning of his computer equipment and for his Internet access.
The Publisher shall use all reasonable means to provide the User with continued access to the Website, but certain Functionalities may be available at varying times.
The Publisher may not be held liable either for the unavailability of the website in the case of operations relating to maintenance, testing, security or repair or of any other nature whatsoever.
However, the Publisher reserves the right, without prior notice or compensation, to temporarily or permanently close down the Website or access to one or more Functionalities, notably in order to carry out an update, maintenance operations, or modifications or changes concerning operational methods, servers and hours of accessibility, without this list being exhaustive. The Publisher also reserves the option of suspending, interrupting or bringing a permanent end to any access to all or part of the Website in the event of force majeure, as defined by case-law or any other event beyond its control.
The User acknowledges the Publisher's right to choose and/or change the infrastructure and/or the country where the Website is hosted as it sees fit.
19.2 Faults – Malfunctions. The Publisher does not guarantee that the Website will be free from faults, errors or bugs, or that these can be rectified, or that the Website will function without interruption or failure, or that it is compatible with particular hardware or particular settings.
Under no circumstances may the Publisher be held liable for technical problems attributable to third parties, particularly in the event of malfunctions attributable to third-party software, regardless of whether or not they are incorporated into the Website or provided therewith, or for issues related to communication or unavailability of the Website due to technical problems beyond the Website’s control, whether due:
- To the User’s equipment;
- To the Internet service provider;
- To the User’s host provider;
- Or generally to a force majeure event.
The User further declares that he is aware of the nature and limitations of the Internet, particularly its technical performance, the response times for viewing, querying or transferring data and the risks related to the security of communications. The User shall be responsible for considering possibilities for developing the IT resources and means of transmission at his disposal in order to adapt them to Website developments.
Article 20 – Publisher’s liability.
The Publisher cannot be held liable for damage of any kind (including loss of profit or of opportunity, etc.) which may result from changes and/or a temporary or permanent, total or partial, unavailability of the Website or of any Functionality, whatever the origin or source. More broadly, except in the event of wrongdoing on its part, the Publisher is not in any event liable for damage of any kind (including loss of profits or of opportunity, etc.) which might result from the use of the Website, such as, in particular, loss of data, including Personal Data, intrusion, virus, suspension of service and/or Functionalities, fraudulent use of a bank card, etc.
In the event of improper use or illegal exploitation of the Website by a User, the User shall bear sole liability for any damage of any kind caused to third parties and to the Publisher, and for any resulting consequences, claims and/or action.
Furthermore, Sodexo shall not be liable in the event of “force majeure” as defined by applicable laws and French case law.
Article 21 – Cookies
Some of the User’s information may be collected when accessing this Website for the purposes of personalising and improving the User’s experience. For more information, the User is invited to consult our Cookie Management Policy.
Article 22 – Duration and Termination.
This agreement is entered into for an indefinite term and shall remain in full force and effect as long as the User uses the Functionalities or keeps his personal account.
The Publisher reserves the right to take all necessary measures, including the removal of a personal account, without having to give any reason or notice, undertake any formalities or pay any compensation to the User in the event of a binding court decision, force majeure event, breach of these GTCU or the law, or suspected fraud.
The Publisher shall notify the User by any appropriate means of the measure taken and the reasons for taking such a decision. The User’s personal account will no longer be accessible from the date of termination and all Functionalities will be immediately suspended. Such termination shall take place without prejudice to any damages which may be claimed as compensation for the harm suffered as a result of such breaches.
At the time of termination, the rights and licences granted to the User will be terminated and the User shall cease all use of the Website. The User will not be entitled to any compensation.
Article 23 – Hypertext links
This Website may contain links (including hypertext links) to other websites or applications that are not under the Publisher’s control. The Publisher is not liable for the content of these sites or applications, the links they contain, or for any changes or updates made to them. It is not possible to create a hypertext link to third-party websites without the express authorisation of the Publisher. Under no circumstances may the Publisher be held liable for the creation of a hypertext link on this Website.
Article 24 – General provisions
24.1. Changes to the GTCU. The Publisher reserves the right to change, supplement or update at any time all or part of the GTCU, particularly in order to comply with any legislative, regulatory, technical and case-law changes that may arise. In this case, the applicable provisions will be those in force on the date they are put online and will be enforceable on the date of use of the Website by the User.
24.2. Full agreement. If any one of the clauses of the GTCU (in full or in part) were to prove unlawful, invalid or inapplicable, the other provisions would remain in full force. The invalid or unenforceable portion shall be replaced by a valid provision having the same legal effect.
24.3. No waiver. The fact that the parties do not exercise the rights recognised as theirs pursuant hereto may not in any event be interpreted as waiver of asserting the said rights.
24.4. Agreement on proof. It is expressly agreed that, barring an obvious error established by the User or by the Publisher, the data stored in the Publisher’s information system has probative force. The data on computer or electronic media retained by the Publisher constitute evidence and, if they are furnished as evidence in any contentious or other proceedings, they shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is drawn up, received or retained in writing.
Translated into English for information purposes only. In the event of a dispute, the French version shall take precedence.