PREAMBLE
TULIP RESIDENCES, a simplified joint-stock company with a capital of 1000 euros, whose registered office is located at Tour Voltaire – 1 Place des Degrés, 92800 Puteaux / La Défense CEDEX, registered with the NANTERRE Trade and Companies Register under number 844 183 434 ( hereinafter "TULIP RESIDENCES"), provides its customers with a Site, accessible at the address https://www.tulipresidences.com/ (hereinafter the "Site"), allowing them to find out about their offers and to be redirected to a Platform allowing online reservations, in particular accommodation, with establishments operated under the TULIP RESIDENCES brand (hereinafter the "Establishments").
The online booking platform (hereinafter referred to as the "Platform") is accessible via the Internet at the following address: https://www.goldentulip.com/fr-fr/. The Platform is administered by LOUVRE HOTELS GROUP, a simplified joint-stock company, registered with the RCS of Nanterre under number 309 071 942, whose registered office is located at Tour Voltaire – 1 Place des Degrés, 92800 Puteaux / La Défense CEDEX (ci -after "LOUVRE HOTELS").
ACCEPTANCE OF THE TOS
By using the Site, the User acknowledges having read these General Conditions of Use (hereinafter the "GTU") and accepts them without reservation, as well as all documents relating thereto such as the Protection Policy personal data and Cookie Policy. These documents can be consulted, saved and printed by the User from the menu at the bottom of the Site page.
DEFINITIONS
Terms defined below beginning with capital letters and used in the singular or plural shall have the following meaning:
"Customer": refers to any person making a Reservation of one or more rooms in an establishment for personal or professional reasons, excluding any natural or legal person reserving overnight stays on behalf of third parties or for resale.
"Data": refers to information concerning the User, including their Personal Data, provided directly or indirectly by this User, in particular during a Reservation or when accessing the Platform. The User guarantees TULIP RESIDENCES to provide accurate and up-to-date information, in particular his identity and contact details.
"Personal Data": means "any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an "identifiable natural person" is deemed to be a natural person 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 specific elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity" (article 4 of the General Data Protection Regulation).
"Establishments": refers to the establishments, and in particular the hotels, operated under the TULIP RESIDENCES brand for which it is possible to make Reservations through the Platform.
"Offer": refers to the list of room stays drawn up 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 particularities of each room, the applicable rate, the cancellation conditions.
"Reservation": refers to the action of the User to retain one or more Offer(s) through the Platform, under the conditions provided for in the T&Cs.
"Services": refers to all the interventions and functionalities offered by TULIP RESIDENCES through the Platform under the conditions and limits provided for in the T&Cs.
"User": means any natural person accessing the Site, whether a simple visitor or Customer.
OBJECT
These T&Cs, as well as the documents to which they refer, are intended to define the conditions, rights, obligations, responsibilities and limits applicable to any use of the Site by any User.
SITE AVAILABILITY
The User acknowledges and accepts that in the current state of the art, TULIP RESIDENCES cannot guarantee continuous availability of the Site.
TULIP RESIDENCES will make its best efforts to make the Site continuously available, except in the event of maintenance operations, updates or following events beyond its control that may create service interruptions, in whole or in part. or more or less significant disturbances. In such cases, TULIP RESIDENCES will take the reasonable measures at its disposal
to deal with such interruptions or disturbances.
DESCRIPTION OF SERVICES
The Services offered by TULIP RESIDENCES on the Site allow Users:
To be redirected to a Platform allowing to benefit from the online reservation service within the Establishments operated under the TULIP RESIDENCES brand, under the conditions provided for in the general conditions of sale (the "GTC") and to manage their Reservations.
To benefit from the commercial offers offered by TULIP RESIDENCES (in particular co-working, laundry, promotional offers, etc.) in accordance with the T&Cs specific to these offers, available either on the Platform or by approaching the Establishments directly.
Fill out a form to be contacted by TULIP RESIDENCES to obtain information on the franchise.
BEHAVIOUR
Each User must use the Site responsibly, with respect and courtesy with regard to the rights of TULIP RESIDENCES and any third party.
By accessing the Site, the User undertakes and guarantees in particular:
have the qualities and skills required to use the Site;
behave in accordance with all the provisions of the TOS and to respect them;
comply with all applicable laws including those of the country from which it accesses the Site;
communicate accurate, complete and up-to-date data;
respect the intellectual property rights of TULIP RESIDENCES and any third parties;
use the Site within the limits of its functionalities and its destination.
In addition, the User is prohibited, in particular:
to use the functionalities of the Site for purposes not provided for in the T&Cs, or contrary to the purpose of the Site and/or which would infringe the rights of TULIP RESIDENCES, one of its partners or the rights of third parties;
use a false identity or otherwise deceive anyone;
to communicate to TULIP RESIDENCES false, usurped or erroneous contact details and information;
to upload to the Site, display, make accessible or transmit by any means and in particular by electronic mail:
content that he would not have the right to download,
content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to morality, invasive of a person's privacy, odious or derogatory or shocking from a racial point of view, ethnic or other,
anything that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt or interrupt the operation of the Site or servers or networks connected to the Site, or violate any requirements, procedures, rules or regulations;
access Personal Data that is not intended for him or enter a server to which the User is not authorized to have access;
attempt to probe, scrutinize or test the vulnerability of a system and in particular the Platforms, or to breach security or authentication measures without having received authorization to do so;
impersonate or attempt to impersonate another User or any third party;
harm any person or entity through the Site;
damage the reputation of TULIP RESIDENCES, the Site, one or more other Users or any third party.
The User also undertakes not to disclose personal, professional or confidential information disseminated through the Site or of which he becomes aware through the use of the Site or from third parties.
A fortiori, the User refrains from any processing of Personal Data obtained on the Site or through it and in particular from any collection, any unauthorized use, misappropriation and any act likely to infringe privacy. and the Personal Data or the reputation of one or more other User(s) or any other natural or legal person.
INTELLECTUAL PROPERTY RIGHT
The Site, including all the elements that compose it, in particular the developments, graphics, images, photographs, animations, clips, texts, logos, software and interfaces (hereinafter the "Content") are protected by rights of intellectual property and exclusive property of TULIP RESIDENCES, with the exception of trademarks, logos, images, photos and distinctive signs belonging to third-party 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 TULIP RESIDENCES. In particular, it is prohibited to (i) copy, modify, create a derivative work, assemble, decompile (except as provided by law), sell, assign, sublicense or transfer
in any way whatsoever any right relating to the Content and to (ii) modify all or part of the Content with a view in particular to obtaining unauthorized access to the Site.
Consequently, any reproduction and/or representation, total or partial, of the Content, without the prior written authorization of TULIP RESIDENCES, is prohibited and would constitute an infringement punishable in particular by the provisions of the Intellectual Property Code.
TULIP RESIDENCES, or any other holder of these rights, may implement any measure or action, including legal action, to put an end to any infringement of its rights, in particular intellectual property, and reserves the right to claim damages in respect of case of such an infringement.
COOKIES
Cookies are data stored in the terminal equipment of an Internet user and used by TULIP RESIDENCES to send information to the Internet user's browser, allowing this browser to send information back to the original site.
TULIP RESIDENCES uses cookies on the Site. The User is invited to consult the Cookies Policy accessible from the menu at the bottom of the Site page.
HYPERTEXT LINKS
Any creation of links to the Site, any framing of the Site and more generally any use of an element making up the Site is subject to the prior written authorization of TULIP RESIDENCES which may be revoked at any time at its sole discretion. .
TULIP RESIDENCES is in no way responsible for the content of the sites to which the hypertext links redirect the User.
PROTECTION OF YOUR PERSONAL DATA
TULIP RESIDENCES, in its capacity as Data Controller, collects and processes Personal Data in the context of the use of the Site, in compliance with the General Data Protection Regulations (1) (hereinafter "GDPR") ) and the French Data Protection Act(2).
For more information concerning the protection of their Personal Data, Users are invited to consult the Personal Data Protection Policy accessible from the menu at the bottom of the Site page.
RESPONSIBILITY
The User acknowledges using the Site under his sole responsibility. In particular, it is the User's responsibility to protect himself against the dangers of the Internet and to take all necessary measures to protect his own data (including his Personal Data) and/or software from contamination by any viruses that could affect his computer or any other computer equipment he uses or is in his custody.
The User is solely responsible for the means of access to the Internet and the Site.
Excluding the Data, TULIP RESIDENCES tries to ensure the accuracy of the information accessible on the Site as far as possible, but does not guarantee that the information provided by the Establishments or any other third party is accurate, complete or up to date. .
In addition, TULIP RESIDENCES declines all responsibility in the event of interruption of the Site, the occurrence of malfunctions or any damage resulting from fraudulent acts by third parties or User(s).
Furthermore, under no circumstances can TULIP RESIDENCES be held liable for any damage whatsoever, whatever the cause, origin, nature and consequence, arising in particular from use not in accordance with these T&Cs by the User and consultation or use of the Site by a third party.
TULIP RESIDENCES cannot be held liable for a cause whose cause originates in a case of force majeure, including if such a case of force majeure affects one of its subcontractors, as well as any event beyond its control. exclusive.
In addition, TULIP RESIDENCES informs the User that it reserves the right, at any time and for any reason whatsoever, to implement any means allowing the suspension or deletion, without notice, of access to all or part of the Site and, in particular for any conduct, observed or presumed, as being in violation of all or part of the T&Cs (including the Personal Data Protection Policy) explicitly or implicitly, without prejudice to any damage and interest that TULIP RESIDENCES reserves the right to claim from the User for compensation for the damage suffered.
MODIFICATION OF THE TOS
The T&Cs are likely to be updated by TULIP RESIDENCES. The previous T&Cs are then automatically terminated and replaced by the new version which is immediately binding on the User and which mentions the date of the last update at the top of the T&Cs. To be informed of these possible modifications and updates, it is recommended that the User consult the T&Cs regularly.
SURVIVAL
The stipulations of the T&Cs which by their nature or their wording are intended to continue to a
pply after the cessation of use of the Site for any reason whatsoever as well as the stipulations of the article "Liability", the article "Protection of your personal data" and "Intellectual property rights" will remain in force for the time necessary to fulfill their purpose.
NULLITY - TITLE
If one or more stipulations of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope. .
In the event of difficulties of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be discarded and the content of the clause concerned will prevail.
APPLICABLE RIGHT
These T&Cs and the documents to which they refer are governed by French law.
In the event of a dispute, the User undertakes to contact TULIP RESIDENCES as a matter of priority in order to attempt to resolve amicably any dispute that may arise concerning the T&Cs.
In the absence of an amicable agreement within thirty (30) days of the letter initiating the request for amicable settlement, any dispute relating to the existence, interpretation, execution or breach of the T&Cs, even in the event of multiple defendants will be subject (unless exclusive jurisdiction recognized to a different jurisdiction, in particular the Tribunal de Grande Instance of Paris in matters of intellectual property):
In the event of a dispute with a merchant: Commercial Court of Paris;
In the event of a dispute with a non-merchant: to the French court having territorial jurisdiction.
[1] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Data Protection Regulation)
[2] Law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms
