1 – GENERAL PROVISIONS

BRACH Paris (hereinafter the “Company”) is a société par action simplifiées [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 booking@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, a cocktail bar, a sports club (Brach Le Club de Sport) and a spa (Spa by Clarins), 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, accommodation services and ancillary services listed hereinafter, between the Company and one or more people reserving an accommodation service at the Hotel (hereinafter the “Client”) or effectively receiving said service at the Hotel (hereinafter the “Beneficiary”). The person effectively staying at the Hotel, 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 Hotel or via the Website (including through redirection to an online booking tool operated by a third party), by email exchange with the Company, or via a third party (reservation platform or centre, travel agency, etc.).

They apply to individual reservations of five rooms at once or five consecutive nights. Group terms and conditions apply beyond this. These vary depending on the total number of nights and the period of the stay and will be presented to the Client by the Company further to a specific request from the Client specifying the number of nights and the dates of the stay.

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 their stay at the Hotel, including these T&Cs and the Charte de Traitement des Données Personnelles [personal data charter].

2 – OFFER AND TERMS AND CONDITIONS OF STAY

Rooms and Services associated with the Rooms. The Room categories and the associated rates are provided to the clientele or displayed by the Company
– in the Hotel reception;
– on the Website;
– on the website of the online booking service operator accessible via the Website;
– on request made directly to the Hotel reception or in an email sent to the Company at booking@brachparis.com.
The Client is informed of the features and price of the Rooms, depending on the category, and these can be consulted as stated above. A Client making an online reservation is invited to notice and click on the icons and information links throughout the reservation process, to assure themselves of the content of their request and their reservation.

The Client or the Guest is invited to visit the Website, contact the Hotel or ask at the Hotel reception about the terms of the ancillary services provided, or those in addition to overnight stays.

The photographs of the Rooms shown on the Website or in the brochures are intended to illustrate the general atmosphere and style of each category. The layout and decor may vary from one room to another within the same category, while ensuring an equivalent level of comfort and amenities.
The T&Cs, Rates and other terms and conditions for the Rooms and hotel services offered by the Company are produced for the Rooms’ primary use and purpose, i.e., overnight stays. The Company reserves the right to refuse reservations or interrupt non-compliant Room stays or use, or to offer other Room rental terms or conditions for other purposes such as filming, photography shoots, interviews and showrooms.

Check in/Check out. Guests may check in from 3 pm on the day they are due to arrive and must vacate the room at the latest at midday on the day of departure. Past this deadline, an additional night will be invoiced at the Rate in force at the time.

Relocation. In cases of force majeure, an exceptional event that cannot blamed on the Client or the Guest or a technical issue at the Hotel making it impossible for Guests to stay, the Company will do everything in its power to offer alternative accommodation, if possible in a hotel of the same standing as the Hotel. The Company will meet the additional fees incurred due to the relocation. Force majeure means any event beyond the control of the party that owes the obligation, which could not have been reasonably provided for at the time the contract was entered into, and the effects of which cannot be avoided through appropriate measures, which prevents the performance of the obligation. If such prevention is temporary, the obligation is suspended unless the delay in performance justifies termination of the contract. If the prevention is definitive, the contract is terminated as of right and the parties are released from their obligations. Besides the case of force majeure, the Company is not responsible for the failure to perform the services or the poor performance of the services when this is due either to the Client or the Guest or to unforeseen and unavoidable circumstances brought about by a third party. The Client alone must bear the additional fees incurred to continue their trip further to the occurrence of such events. In all cases, the Client, having accepted and effectively benefited from the relocation solution offered by the Company, waives their right to any compensation or claim in respect of the impossibility of staying at the Hotel and the consequences thereof.

3 – RATES

Rates are in euros, per Room and per night, for double occupancy, excluding breakfast, unless expressly indicated otherwise. Reductions cannot be requested for single occupancy. Rates include service and taxes, except tourist taxes and additional taxes (charged by the région or département), which will be added and indicated when the reservation is made, before any payment or confirmation via communication of bank details (see article 4 – RESERVATION). 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.

The current Rates are displayed in the Hotel reception and on the Website, or can be sent by email if the Client makes a special request to the addressbooking@brachparis.com or, exceptionally, by telephone. Rates are subject to change at any time and without warning until a reservation is confirmed, unless otherwise stated in a quote specifically drawn up for the Client.

Rates may vary depending on the date of the stay (season, day of the week, etc.). The Company may also propose Offers or special or one-off Rates for an event, special occasion or any other reason at the discretion of the Company.

The terms and conditions specific to each Rate (particularly cancellation policies) can be viewed online on the reservation form and platform and in the Hotel reception, or can be sent by email if the Client submits a request to the address booking@brachparis.com, or, exceptionally, by telephone.

Rates offered to Clients by intermediaries must be the same as the Rates displayed publicly by the Hotel on the Website or reservation platform or at the Hotel.

4 – RESERVATION

The Client is invited to consult the type and availability of the Rooms and the Rates for the desired dates of stay at the Hotel reception, on the Website, by sending an email to booking@brachparis.com or by telephone. The Company endeavours to communicate information pertaining to Room availability as best possible and as early as possible, but this is subject to change at any time. Room availability is only confirmed and guaranteed upon receipt of a reservation confirmation email from the Company as described below.
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 booking@brachparis.com or consulted as a hard copy at the Hotel reception. The reservation implies unqualified acceptance of the T&Cs and the personal data charter.
During certain periods, the stay must be pre-paid and is not refundable if cancelled. In all other cases, at the time the reservation is made and in order to confirm it, the Client is asked to provide a reservation guarantee in the form of a pre-authorisation charge by providing the details of a valid bank card in the name given for the reservation (cardholder’s name, bank card number, expiry date and cryptogram) via a secure link sent by the Company or directly on the online reservation platform. Pre-authorisation charges are not taken by telephone. A maximum of one euro will be debited to ensure the card is valid. The Company only acknowledges the reservation either upon full pre-payment of the stay by bank transfer or debit or credit card (or in cash if the reservation is made at the Hotel), or upon receipt and validation of the card details provided by the Client and the pre-authorisation charge.

When the Guest checks in upon arrival at the Hotel, a pre-authorisation charge will also be requested on a bank card in the Guest’s name to guarantee their stay (including, for instance, accommodation services, drinks, additional services or other Company services, and damages if necessary), for an amount ranging from one night to the entire stay.

The pre-authorisation amount may be increased if the Guest extends their stay, depending on the duration of the additional stay, in order to confirm and guarantee the reservation.

When the Rate chosen by the Client for their reservation is subject to full pre-payment of the stay, or when a one-euro pre-payment is required for the reservation (or order), the payment is binding on the Client.

In all cases, the Company sends the Client an email containing the reservation details, which equates to the firm and final confirmation thereof.

4 – PAYMENT TERMS

The Client or the Guest must pay for the stay in full, including services and goods not included in the reservation and booked by the Client or the Guest during the stay, less any pre-payments already made, if applicable, directly to the Hotel, at the latest upon the Guest’s departure and the return of the Room. The Room keys must be left at the Hotel reception, unless the parties agree otherwise. An invoice is handed to the Client or the Guest setting out all the services performed.

Means of payment. The Company accepts payment:

– in cash (in euros only), only if paid at the Hotel, 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 Hotel, on the reservation platform accessible via the Website, or by secure payment link. The Company accepts the following bank cards: Visa, Mastercard, American Express, Diners Club and JCB;

– by bank transfer to the Company bank details, which will be shared further to an express request from the Client sent to booking@brachparis.com (all bank transfer fees are to be paid in full by the Client or the Guest making the payment).

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

Pre-payments can be made using one of the above payment methods. The balance must be paid at the end of the stay in cash, by bank card or, exceptionally, by bank transfer subject to special agreement of the Company.

Gift Vouchers. EVOK COLLECTION Gift Vouchers must be used and disclosed at the time the reservation is made and in accordance with the information on the Voucher. Gift Vouchers cannot be used unless they are disclosed to and validated by the Company in advance, to confirm the reservation.

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, notwithstanding 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 latter will have discretionary power to cancel the reservation or offer to any Client or Guest that makes such a request to make a new reservation by making a new payment. The Client or the Guest is liable to the Company for any fees and charges incurred as a result of the payment incident.

(C) Amounts paid in advance by Clients and Guests with the capacity of consumers under the meaning of the French consumer code start to bear interest at the legal rate three months after the payment until the performance of the service, without prejudice to the Company’s obligation to perform the service. Interest is deducted from the balance to be paid at the time the service is performed.

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

Absence of a cooling-off period. There is no cooling-off period for accommodation services at the Hotel and the other ancillary services or goods (property transport services, car rental or other leisure activities, for example) which must be provided on a specific date or during a specific period.

Changes and cancellation (termination) by the Client. Reservations can be changed or cancelled (terminated) by the Client or the Guest as per the terms and conditions of the Rate chosen by the Client. These terms and conditions can be consulted on the booking form published on the Website, given to the Client directly at the Hotel reception, or shared by email if the Client sends a request to the address booking@brachparis.com and are, in any case, brought to the Client’s knowledge before the reservation is made subject to payment or by sending their details and accepting a pre-authorisation charge. They can also be found in the reservation confirmation email sent to the Client. Unless otherwise stated, the reservation can be changed or cancelled free of charge until 24 hours before the reservation (on an hour-by-hour basis), i.e., until 3 pm (local time) the day before arrival.

(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 rights to cancel the Guest’s reservation or stay, or bring it to an end, in the event of the latter’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, regardless of whether they are staying overnight at the Hotel. In this case, the Company will invoice or, if a pre-payment was made, retain the full cost of the reserved stay.

Financial terms and conditions of the cancellation. In the event of a cancellation of a stay or a termination of a reservation by the Client or the Guest that does not comply with the terms and conditions set out in the Rate, which includes the Guest’s failure to arrive at the Hotel on the arrival date stated at the time of reservation without any communication from the Guest or the Client regarding the postponement of the date of arrival, the reservation will be considered as having been cancelled and the contract terminated in all of its provisions. The first night will be invoiced and debited as per the pre-authorisation provided, including if the Guest postponed their date of arrival during their stay without cancelling the first night in line with the terms and conditions of the Rate. If a pre-payment was requested and made, the Company will retain it in full.

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 (C) at the latest within 14 days of the cancellation. No other amount will be added in respect of this termination for any reason whatsoever, without prejudice to the rights of Clients who have the capacity of consumers to receive damages. Articles L. 214-1 of the French consumer code and 1590 of the French civil code are expressly set aside.

6 – GUEST BEHAVIOUR AND LIABILITY

Generally, Guests are required to keep their personal belongings safe, to refrain from leaving them unattended anywhere on Hotel premises outside their Room and, when they leave the Room, to ensure it is shut and locked. Each Room is equipped with a safe, locked with a code chosen by the Guest. Guests are strongly encouraged to use the safe and are required to place their valuable belongings inside it. Guests are also invited to avoid, whenever possible, bringing belongings and possessions to the Hotel that are clearly superfluous, useless or inappropriate for a trip to or a stay at a hotel.

Guests are liable for all damage, deterioration and acts of vandalism that occur to both movable and immovable property in the Hotel or its outbuildings, regardless of whether they belong to the Hotel, during a stay at the Hotel. If appropriate, the Company may ask the Guest to leave the Hotel before the end of their stay. The Client and the Guest are jointly and severally liable for the amount of their full stay as well as damages for the harm suffered.

Guests shall refrain from inviting any person who behaves in a way likely to be detrimental to or cause disruption to the Hotel or to the clients, regardless of whether they are Guests, in or likely to be in the Hotel or its outbuildings. In all cases, Clients and Guests are accountable for the consequences of the wrongful conduct of people they may have invited into the Hotel.

7 – INTELLECTUAL PROPERTY RIGHTS

Clients and Guests are expressly informed that the Hotel and its 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.

8 – 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 booking@brachparis.com within 15 days of the end of their stay at the Hotel, detailing the dates of the stay, their reservation or invoice number, their details, and the email addresses, postal addresses and telephone numbers the Hotel can use to reply to the Guest or Client. 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 15 days after the stay will not be considered. The Company cannot favourably respond to any complaints that do not cite a right conferred upon the Guest or the Client 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 the 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.

9 – 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 booking@brachparis.com

10 – PERSONAL DATA

Personal data disclosed on the occasion of Hotel reservations and services are processed by the Company as described in the Company’s personal data charter. The charter also includes the rights of the Client and any Guests who have shared personal data.
Before making any reservation, the Client and the Guest are invited to read the personal data charter, which can be accessed on the Website or by making a request directly to the Hotel either in person or by email sent to booking@brachparis.com.
The reservation implies the acceptance, by the Client, of the personal data charter, as well as the T&Cs in force at the time of the reservation. These are attached to the confirmation email mentioned in article 4 – RESERVATION. The Company may, however, update or revise its personal data charter at any time. The Client and the Guest are invited to consult, as regards the terms and conditions of reservations that have already been made and confirmed, the personal data charter and T&Cs attached to their reservation confirmation email.
The Client and the Guest are reminded that they can sign up to the telemarketing call blocker via the website bloctel.gouv.fr. For more information, the Client and the Guest are invited to consult the personal data charter.

11 – STORAGE OF CONTRACTS ENTERED INTO ELECTRONICALLY (C)

When a reservation contract is exclusively 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 booking@brachparis.com, specifying their name and contact details.

12 – APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION

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

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.

4 – RESERVATION

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

Personal data disclosed on the occasion of Restaurant reservations and services are processed by the Company as described in the Company’s personal data charter. The charter also includes the rights of the Client and any Guests who have shared personal data.
Before making any reservation, the Client and the Guest are invited to read the personal data charter, which can be accessed on the Website or by making a request directly to the Restaurant by email sent to restaurant@brachparis.com.
The reservation implies the acceptance, by the Client, of the personal data charter, as well as the T&Cs in force at the time of reservation. These are attached to the confirmation email mentioned in article 4 – RESERVATION or accessible via a link contained in that email.
The Client and the Guest are reminded that they can sign up to the telemarketing call blocker via the website bloctel.gouv.fr. For more information, the Client and the Guest are invited to consult the personal data charter.

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:

If the Client or the Guest party to the dispute was domiciled in France when the contract was entered into, French courts exclusively;
If the Client or the Guest party to the dispute was not domiciled in France when the contract was entered into:
If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in the European Union, courts in the Member State in which the Client or the Guest party to the dispute is domiciled; they may also still bring a case before the French courts;
If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in Switzerland, Norway, Iceland or the United Kingdom, and they were already domiciled in the same State when the contract was entered into, the courts of the State in which the Client or the Guest party to the dispute is domiciled; the Client or the Guest party to the dispute may also still bring a case before the French courts;
If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in territories other than those mentioned in the previous paragraphs, or if they are domiciled in Switzerland, Norway, Iceland or the United Kingdom but were not when the contract was entered into, French courts only.
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.

BRACH Paris (hereinafter the “Company”) is a société par action simplifiées [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. FR – Tel.: +33 (0)1 44 30 10 00 – website: www.brachparis.com (the “Website”) – email: sport@brachparis.com.

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.

It operates the BRACH Hotel (hereinafter the “Hotel”), located at the same address and comprising, in addition to rooms designed for overnight stays, restaurants, lounges and a spa, as well as a sports club (Brach – Le Club de Sport) which may serve clients who are not staying at the Hotel.

Recitals – Scope of application

These general terms and conditions concern the services provided by Brach – Le Club de Sport (hereinafter the “Club”). In addition to the terms of their membership contract, each Club member undertakes to comply with these general terms and conditions (hereinafter the “T&Cs”) and the Règlement Intérieur [internal regulations] appended hereto. Certain provisions of the T&Cs, indicated with the letter (C), may only concern 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.

People who are not members but benefit from an invitation or trial session or are expressly authorised by the Company to attend the Club pursuant to specific agreements are subject to the same obligations as members.

Hereinafter, “client” means a member or non-member.

Members are given a detailed list of the sports activities that can be practised and their rates when they join the Club. They are, furthermore, available at the Club reception and on the website www.brachparis.com

Section 1 – Joining the Club – Membership

Article 1 – Admission

The Club is a private club which places limits on the number of members to maintain a high-quality service. It is expressly agreed that the Company remains entirely free to set the maximum number of members. A waiting list will be created once the maximum number has been reached.

Any membership application is subject to prior approval of the Company. The Company pays close attention to each application submitted. The joining process will take a minimum of 48 hours once the completed application has been received, and may be preceded by an interview.

Article 2 – Membership card

Each member receives their personal membership card upon payment of the fees and dues required under the contract. The card grants access to the facilities (fitness room, swimming pool, hot water bath, steam room, sauna and salt cave) as well as the water-based and fitness activities set out in the card’s sales documentation. The membership card must be shown at reception and can be requested at any time. The card is personal and cannot be transferred, except as stated in article 7. Loan of the card constitutes a violation of these T&Cs and could entail application of the termination clause.

The member is invited to provide their bank card details to the reception staff in order to make purchases at the Club. The amount of any purchase made thereafter will be automatically debited from the card. To validate the transaction, the client is invited to present their membership card and sign the corresponding receipt, an electronic version of which will be systematically archived.

Article 3 – Membership fee

The membership fee, regardless of the payment method, is contractually payable in full in one single transaction upon signing up for the duration of the membership, and upon each renewal. The price of the membership is that in force on the day the member signs up or on the membership renewal dates. It is expressly agreed that the Club reserves the right to reflect any change to the VAT rate applicable to Club services in the price of the membership. In the event of a payment incident, the member is invited to promptly rectify the situation so they can access the facilities and avoid implementation of article 7.

Each membership contract between the Club and one of its members is entered into on an intuitu personae basis.

Article 4 – Lost or stolen card

As soon as the member becomes aware of the theft or loss of the card, and except in the case of force majeure, they undertake to inform the Club’s staff in writing or at reception as soon as possible to prevent the card’s fraudulent use by a third party. Creation of a duplicate card may be invoiced at the current rate displayed in the Club during the event (administrative fees).

Article 5 – Changes during the membership

The member undertakes to inform the Club of any changes that take place over the course of the membership (name, address, bank details, etc.).

Article 6 – Membership / Renewal

The Club will inform the member in writing (by email or text message), at least one month before the expiry of their contract, of its date of expiry and the option of renewing their membership. Regardless of the payment terms in force, the contract can only be terminated subsequent to the contractual expiry of the membership, subject to application of the cases described in article 7.

Article 7 – Suspension / Termination / Freeze or cancellation of the membership

7.1 Suspension

In the event of the full or partial non-payment of any contractual instalment, the Company may suspend the Club services and the personal membership card may be temporarily deactivated. If applicable, any remaining amounts due until expiry of the contractual commitment period will remain payable. The member may benefit from the Club services again once the cause of the suspension has been remedied, and their personal membership card will, in this case, be automatically reactivated.

7.2 Termination / Freeze or cancellation of the membership

By the Company:
If a member were to:

– loan their card to any other person;

– make aggressive, insulting remarks or act in an aggressive, insulting way towards the members, clients or staff of the Club and the Hotel, or behave in a way that disrupts or unsettles the peace of the other members or clients;

– act violently or offensively at the Club;

– steal or deliberately cause damage;

– dress indecently or offensively, or in a dangerous manner for the practise of the various activities;

– unfairly use Club facilities that require payment of an additional fee;

– violate these general terms and conditions of sale or the internal regulations and more generally the good conduct, health and safety guidelines displayed at the Club;

– have made a false declaration concerning all or part of the information in the membership contract;

the contract may be terminated by the Club as of right, five days after the violation has been acknowledged and after due process, except in the event of an urgent case or violation making it immediately impossible for the member to access the Club and the Club services and keep their card active, in which case termination may be immediate. In addition, the offending member will be prevented from accessing the facilities and must surrender their card to the Club, which will retain all the amounts paid and due for the contractual period.

By the member:
The member can terminate the membership, before its expiry date, in the event of a serious illness or accident causing an incapacity that definitively prevents them from benefiting from all the Club services included in their membership. The membership will be automatically terminated if the member dies.

The member can also suspend and extend their membership, if, for the following reasons associated with their health, they are temporarily prevented from benefiting from all the Club services included in their membership:

– serious illness or accident making all sports activity impossible, on the condition that such impossibility exceeds three weeks, upon presentation of a medical certificate specifying and justifying the period of incapacity;

– pregnancy, if a doctor has advised against sports activity.

The following do not, therefore, give rise to the suspension, freeze or, a fortiori, cancellation of the membership:

– a temporary impossibility to undertake sports activity for a duration of less than three weeks;

– all reasons other than those exhaustively listed above (such as resignation or other professional reasons, relocation, etc.).

– any reason brought to the attention of the member before joining the Club.

The member (or their beneficiaries) must send via registered letter with acknowledgement of receipt to the Company, addressed to BRACH – Le Club de Sport at the address above, or, where applicable, via the electronic termination arrangement provided as described below, within 30 days of the event, the reason for their request. They must include any necessary evidence (excluding a declaration on honour) and, in the event of termination, return their membership card.

In the event of cancellation of the membership, termination will take effect no later than 21 days after the date of receipt by the Company (or the date of the event prompting the request if that is later) of the member’s completed, evidenced request. As the membership will have been paid in full at the start of the membership period, the member will be given the option of either transferring their membership to a third party, whose application must be validated by the Company, or receiving a partial reimbursement adjusted prorata temporis of the member’s membership up to the effective date of the termination.

If the membership is frozen, the freeze will take effect, from the Company’s receipt (or the date of the event prompting the request, if that is later) of the member’s completed, evidenced request, following a three-week waiting period (corresponding to the minimum duration of the prevention required for the request to be taken into account). The membership freeze will therefore be counted from the 22nd day of the prevention period indicated.

The membership freeze entails the freeze of the member’s access card. They cannot, therefore, use the Club’s facilities and services during this period.

(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.

Section 2 – Terms and conditions of use

Article 8 – Facility opening days and times

The opening days and times of the Club and its various facilities are available at the Club, in the sales brochure and on the website www.brachparis.com.

The Company will inform the members, in advance, through signage and on the internet, of any exceptional closures for technical, health or safety reasons, or to bring the Club into line with statutory requirements. In association with its services, the Evok Collection group also organises events and may exceptionally use all or part of the facilities for these events and inform the members thereof in advance.

Article 9 – Access

Access to the facilities (fitness room, swimming pool, hot water bath, steam room, sauna and salt cave) is exclusively reserved for paid-up members upon presentation of their membership card, as well as Hotel clients. Members have access to the Club at the times displayed at the Club reception. Hotel clients, however, have permanent access. Activities in the well-being /consultation area and the barbershop are open to non-members subject to reservation and payment of the corresponding fees.

Access is regulated and demands strict compliance with these T&Cs and the internal regulations, in the versions provided at the time of registration and, where applicable, amended or updated by display at the Club or on the website www.brachparis.com. The client, regardless of whether they are a member, undertakes to follow, in all circumstances and at all times, all the good conduct, health and safety guidelines given to them or sent to them by staff. Without prejudice to any remedies the Company may pursue for damages, the client, regardless of whether they are a member, acknowledges that the Company may, after due process, take any appropriate measure to ensure compliance with these provisions, including but not limited to issuing a warning to the client who breached the requirements, excluding them from the Club, or even terminating the membership contract as per article 7.

Article 10 – Medical certificate

The French Health Ministry and medical professionals often encourage regular physical activity and highlight its benefits. However, participants declare that they have previously had a check-up with a doctor to ensure they are fit to practise a sports activity and have a medical certificate issued within the last three months. This medical certificate may be requested by the Club. Notwithstanding the insurance taken out by the Club, participants also agree to take out any insurance provided for in regulations applicable to the practise of the chosen activities.

Article 11 – Children

Without prejudice to the Company’s liability, children remain the responsibility of the accompanying adult. Children under the age of 12 are not allowed to remain alone in the Club or move around it. Children under the age of 12 are only allowed in the aquatic area if accompanied by an adult. In addition, children under the age of three are not allowed in the aquatic area. The Company warns its clients of precautions to take when using certain services: in particular, children under the age of 16 cannot use the sauna or steam room or take part in fitness activities.

Article 12 – Security and personal belongings

Without prejudice to the Company’s liability, members are required to follow the good conduct, health and safety guidelines that may be given to them by the Club and of which they may be reminded by the staff, through signage or in any sales document. Inside the Club, members retain responsibility for everything that belongs to them. Lockers secured with a key or a code are located in the Club changing rooms and available to members, who are required to use them (keeping a close eye on the key). Valuable objects must be placed in the lockers, or in the Room safe for clients staying at the Hotel. Members and other clients are, in any event, required to keep their personal belongings safe and not leave them unattended anywhere in the Club or other areas of the Hotel. Members are also invited to avoid, whenever possible, bringing belongings into the Club that have no connection with the purpose and services of the Club. In any event, the Company will not accept any liability in the event of the theft, loss or other disappearance of or damage to members’ possessions.

Article 13 – Vehicles

Cars, motorcycles, bicycles and vehicles of any kind must be parked in the spaces solely provided for such use by the City of Paris and cannot be parked in the reserved parking area in front of the Hotel entrance. The Company reserves the right to have removed, at the cost of the driver, any vehicle in violation of these provisions.

Article 14 – Coaching

Only Club-approved coaches can teach in the Club, except by special authorisation of the Company. It is strictly forbidden to give classes or take classes given, in any form whatsoever, by another person. Any violation of this rule may lead to the termination of the membership of the people responsible.

Article 15 – Reservations

Some services offered by the Club, whether or not they are subject to payment of an additional fee, must be reserved. Members who have made reservations undertake to inform the Club at least 24 hours in advance (on an hour-by-hour basis) of any cancellation, regardless of the reason therefor. Any service reserved and not cancelled under these terms will be due.

Section 3 – General provisions

Article 16 – Intellectual property rights

The members are expressly informed that the Club and its 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. Members and clients 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.

Article 17 – Payment terms and means

Payment can be made at the Club in cash (for amounts under 1,000 euros for clients who can prove their tax residence is in France or when the membership is for business purposes, or 10,000 euros for clients who can prove their tax residence is abroad and whose stay is not for business purposes) or by debit or credit card (Visa, Mastercard, American Express, Diners Club and JCB). Payment can also be made remotely by bank card using a 3Dsecure payment link or by bank transfer. Neither cheques nor chèques-vacances [holiday vouchers] are accepted. 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. Membership is only effective and activated upon effective receipt of the payment.

Article 18 – Cooling-off period (C)

Membership begins as soon as it has been validated through payment of the required fees and dues. The client expressly accepts the immediate beginning of the membership. When the membership is taken out entirely through an exchange of emails with the Company, the client does however have the right to cancel within 14 days thereof. They can:

– either waive their right to the cooling-off period;

– or retain their right to a cooling-off period of 14 days by promising to pay an amount corresponding to the prorata temporis amount of the membership up to the day on which the member informs the Company that they want to exercise their right to cancel the membership.

If applicable, the client can exercise their right to cancel the membership without giving a reason. The client informs the Company of their decision to cancel by means of a declaration devoid of ambiguity (for example, a letter sent by post or an email) sent to the Company at the address indicated at the top of these T&Cs, within the cooling-off period stated above. The cancellation form below can be used but is not compulsory. It is also possible to fill in and send the cancellation form or any other statement devoid of ambiguity to sport@brachparis.com. If this option is used, the client will promptly receive an acknowledgement of receipt of the cancellation on a durable medium (email, for example).

Generally, no right to a cooling-off period will be granted for reserved services that must be performed on a specific date or during a specific period, or for those that have been performed in full within the cooling-off period for which the client has accepted the immediate start of performance.

Article 19 – Personal data

Personal data disclosed when taking out memberships or making reservations at the Club are processed by the Company as described in these T&Cs and in the Company’s Charte de Traitement des Données Personnelles [personal data charter], which can be consulted at any time on the Website. The charter also includes the rights of the people concerned. The client is invited to consult the personal data charter prior to any reservation or membership. By taking out the membership or reserving a Club service, the client accepts the personal data charter, as well as the T&Cs in force. The client is reminded that they can sign up to the telemarketing call blocker via the website bloctel.gouv.fr. For more information, the client is invited to consult the personal data charter.
Article 20 – Storage of contracts entered into exclusively by email (C)

When a membership contract is entered into by exchange of emails, the Company stores and archives the contract for ten years after its subscription. The client can ask to consult it at any time by sending a request to BRACH PARIS – Le Club de Sport – 1-7, rue Jean Richepin – 75116 Paris, France or by email to booking@brachparis.com, specifying their name and contact details.

Article 21 – Handling complaints

The client 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 spa@brachparis.com no more than eight days after their visit to the Club that gave rise to the complaint, detailing the date, the place and, if applicable, the service in question, 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 the client if the complaint gives several options. Complaints made more than 15 days after will not be considered.

The Company cannot favourably respond to any complaints that do not cite a right conferred upon the client 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 undertakes to cooperate and respond promptly and in good faith to the Company’s requests so the 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 as soon as possible, and at the latest within 15 days of receipt of all the necessary information, of the outcome of their complaint.

Article 22 – Settling disputes (C)

In the event of a disagreement, the client 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 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, within the meaning of the French consumer code, can also contact the consumer ombudsman in the same way.

Settling disputes online. The client is 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 sport@brachparis.com.

Article 23 – Law and jurisdiction

French law is alone applicable to the relationship between the Company and the client as regards the offer, the formation, the performance or discharge of the memberships and reservations, the T&Cs and the contract.

French courts alone have jurisdiction over disputes between the Company and the client 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, the quote or the T&Cs.

(C) However, if the client has the capacity of consumer under the meaning of the French consumer code, the following have jurisdiction:

If the client was domiciled in France when the contract was entered into, French courts exclusively;
If the client was not domiciled in France when the contract was entered into:
If, at the time the case is brought before the court, the client is domiciled in the European Union, courts in the Member State in which the Client is domiciled; the client may also still bring a case before the French courts;
If, at the time the case is brought before the court, the client is domiciled in Switzerland, Norway, Iceland or the United Kingdom, and they were already domiciled in the same State when the contract was entered into, the courts of the State in which the Client is domiciled; the client may also still bring a case before the French courts;
If, at the time the case is brought before the court, the client is domiciled in territories other than those mentioned in the previous paragraphs, or if they are domiciled in Switzerland, Norway, Iceland or the United Kingdom but were not when the contract was entered into, French courts only.
When French courts are competent, the competent national court is determined pursuant to the French code of civil procedure. (C) The client 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.

In the event of a dispute, only the French version of these T&Cs will be binding; it will prevail between the parties over any other version or translation.

Appendix to article 18 – Cooling-off period: Cancellation form

Please only complete and send this form if you wish to cancel your contract.

For the attention of [name, physical address and email address of the establishment]:

I/we (*) hereby inform you (*) that we want to cancel the contract concerning the following membership:

Taken out on:

Membership No.:

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s)

1 – GENERAL PROVISIONS

BRACH PARIS (hereinafter the “Company”) is a société simplified joint-stock company with capital of 15,118,097.20 euros, with registered offices at 1-7, rue Richepin – 75116 Paris, France, registered with the register of trade and companies of PARIS under No. 803 406 685 and with intracommunity VAT No. FR – Tel.: FR54803406685 – website: www.brachparis.com (the “Website”) – email: contact@brachparis.com or spa@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, a cocktail bar, a sports club and the Spa by Clarins, 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 services between the Company and one or more persons reserving an access to or a service at the Spa Brach by Clarins of the Hotel (hereinafter referred to as “the Spa”) or effectively benefiting from said service at the Spa (hereinafter referred to, in this order, as “the Client” or “the Beneficiary”). The person effectively benefiting from the service, 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.

As some of the Spa Facilities are located in the Sports Club, the Client and the Guest are also invited to refer, to the extent applicable, to the general terms and conditions of Brach – Le Club de Sport.

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 their session at the Spa, including the T&Cs and the personal data charter].

2 – OFFER AND CONDITIONS OF ACCESS

Facilities. The Spa is located on the Hotel premises. It includes a swimming pool, a sauna, a steam room and salt cave located in the Sports Club (Facilities) and treatment rooms (single and double) dedicated to beauty and wellness treatments. The Facilities are freely accessible to Clients and Guests staying at the Hotel during opening hours, subject to occupancy and capacity. Clients and Guests who are not staying at the Hotel can access the Facilities at the rate of 150 euros for the day during opening hours; however, access to the Facilities for one hour is offered with any one-hour treatment, excluding barber and manicure services. The internal regulations are displayed at the entrance to the Facilities; the Client and the Guest are required to comply with them.

Treatments. Treatments include massages, facials, body treatments, manicures (hands beauty) and pedicures (feet beauty). These are well-being or beauty treatments, not therapeutic treatments. No medical advice or diagnosis can be provided during treatments. Treatments are provided in the dedicated Spa treatment rooms during Spa opening hours. For Guests staying at the Hotel, massages, manicures and pedicures may be provided in the Room; a surcharge of €50 will then be applied.

Other services available to Hotel Guests. Hairdressing, make-up and waxing are also available, exclusively in treatment rooms.

Other conditions of access. Treatments and access rights to the Facilities are strictly individual. Guests are not permitted to bring other people onto the site except under the aforementioned conditions of access. Minors under the age of twelve accessing the Facilities must be accompanied by a parent or responsible adult. The minimum age is sixteen for facial treatments and eighteen for body treatments.

Pets are not allowed in the Spa areas.

Opening hours. Unless otherwise indicated, the Spa is open for treatments every day of the week from 9am to 9pm.

Shop. To extend the Spa experience, the products used during the treatments and swimming costumes are available for sale at the Spa. See the EVOK – Boutique General Terms and Conditions of Sale.

Client information. Clients may consult the brochure of the various treatments offered and the conditions of access to the Spa and treatments on site at the Spa or at the Hotel, on the Website or by sending their request to spa@brachparis.com. The photographs published on the Website or in the brochure are for informational and illustrative purposes only and are not legally binding. In particular, the furnishing and decoration of the facilities and treatment rooms may be different.
Arrival. The treatment durations indicated correspond to the actual treatment time. To get the most out of your visit, we recommend that you arrive 15 minutes before your appointment time. If you arrive late, the Company will endeavour to offer the same service if the schedule allows it; otherwise, the duration of the treatment will have to be shortened without any possible reduction in the price.

3 – RATES

The current Rates for the various Spa services are displayed at the entrance to the Spa and on the Website, and indicated in the brochure available for consultation on the Website or on request at the Hotel reception or by email to spa@brachparis.com. Rates are subject to change at any time and without warning until a reservation is confirmed.

4 – RESERVATION

The Company endeavours to communicate information pertaining to treatment availability as best possible and as early as possible, but this is subject to change at any time. Availability is only confirmed and guaranteed upon receipt of a reservation confirmation email from the Company as described below.
The Facilities are accessible without reservation under the conditions specified in 2 – OFFER AND CONDITIONS OF ACCESS. Clients who are not staying at the Hotel can however reserve, in advance, one or more days on which they wish to have access to the Facilities. In all cases, the entrance fee is paid in advance.
Treatments and other services can be reserved by sending an email to spa@brachparis.com or directly at the Hotel or Spa reception. It is recommended to reserve at least one day in advance. For Clients who are not staying at the Hotel, a bank guarantee is requested by means of the details of a bank or credit card (name of the holder, number, expiry date and verification code) in the name of the Client or Guest. The Client also has the option of prepaying for the treatment in order to guarantee their reservation. The T&Cs and the personal data charter are available on the Website, as a hard copy at the Hotel reception, or on the brochure available in each Room. They are communicated to the Client by email at the time of reservation or if expressly requested from spa@brachparis.com. The reservation requires unqualified acceptance of the T&Cs and the personal data charter. Reservations are only taken into account by the Company once the treatment has been fully prepaid, or once the Client’s bank details and imprint have been received and validated, where a guarantee is required. 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.
In all cases, the Company sends the Client an email containing the firm and final confirmation of the reservation.

5 – PAYMENT TERMS

The Client or the Guest must pay for the treatment in full, including services and goods not included in the reservation and booked by the Client or the Guest during the session, less any pre-payments already made, if applicable, or the amount 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 Spa 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 (in euros only), only if paid at the Hotel, 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 Spa or at the Hotel, on the reservation platform accessible via the Website, or by secure payment link (VAD). The Company accepts the following bank cards: Visa, Mastercard, American Express, Diners Club and JCB;

– by bank transfer to the Company bank details, which will be shared further to an express request from the Client or the Guest sent to spa@brachparis.com (all bank transfer fees are to be paid in full by the Client or the Guest making the payment);

– by a valid EVOK COLLECTION Gift Voucher disclosed to the Company by the Client or the Guest at the time of reservation as described above.

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

Pre-payments can be made using one of the above payment methods. Payment of the balance at the end of the session cannot be made by bank transfer.

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; in the event of payment by Gift Voucher, as soon as its reference has been validated and activated by the Company; 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 made to the Company, the Client and the Guest are liable to the Company for any fees and charges incurred as a result of the payment incident. In the event of annulment of a payment made in advance, if it is required for the reservation, the Company will have the discretionary right to cancel the reservation, without prejudice, where applicable, to any costs incurred in this respect, or, if possible, to offer to renew it to the Client or the Guest who so requests by making a new payment.

(C) Amounts paid in advance by Clients and Guests with the capacity of consumers under the meaning of the French consumer code start to bear interest at the legal rate three months after the payment until the performance of the service, without prejudice to the Company’s obligation to perform the service. Interest is deducted from the balance to be paid at the time the service is performed.

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

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

Changes and cancellation (termination) by the Client. Reservations can be changed or cancelled (terminated) by the Client or the Guest, free of charge, more than 24 hours before the appointment. Any change or cancellation made within 24 hours of the appointment will be subject to the following fees: 50% of the cost of the treatment for any change or cancellation between 12 hours and 24 hours before the treatment, and 100% of the cost for any change or cancellation less than 12 hours before the treatment or for a no-show. The fees may be added to the Client’s or the Guest’s bill if they are staying at the Hotel, or may be debited from the bank imprint given as a guarantee for the reservation, where applicable.

(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 rights to cancel the Guest’s reservation or stay, or bring it to an end, in the event of the latter’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 Spa or in other areas of the Hotel. In this case, the Company will invoice or, if a pre-payment was made, retain the full cost of the reserved services.

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; 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 5. 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

Health. The Client and the Guest are invited to provide the Company and the Spa staff, at the time of reservation and again upon arrival, with any useful information concerning the Guest’s health, allergies or injuries. The Guest will be asked to complete a health questionnaire prior to any treatment. This procedure is necessary and strictly intended to enable the Company to provide suitable treatment for the Guest. The personal health data provided on this occasion is only requested and processed to the extent necessary and for the purposes of providing the service, and is not kept after the service has been provided. For strict health or safety reasons, if the Guest or the Client fails to provide certain answers to the questionnaire, the Company may refuse the reservation or the treatment. For further information, please consult the Company’s personal data charter. The Client and the Guest are also invited to check in advance with a doctor that the use of the steam room, the sauna or the salt cave does not pose any risk to the Guest’s health; the heat is not recommended for people suffering from high blood pressure, blood circulation problems, asthma or breathing difficulties.

Belongings. The Guest is required to keep their belongings safe and not leave them unattended anywhere in the Spa or other areas of the Hotel. Guests are also invited to avoid, whenever possible, bringing belongings and possessions to the Spa that are clearly superfluous, useless or inappropriate for a session at the Spa. Where appropriate, valuable objects may be placed in the lockers (to which the Guest keeps the key under their supervision) located in the Spa changing rooms or in the room safe of the Room for Guests also staying at the Hotel. No liability shall be incurred by the Company in the event of the theft, loss or other disappearance of or damage to these belongings.

Discretion and respect. The peace and quiet of the premises must be respected; mobile phones must be set to silent mode. Guests are liable for all damage, deterioration and acts of vandalism that occur to both movable and immovable property in the Spa, the Hotel or its outbuildings, regardless of whether they belong to the Hotel, during their visit. If appropriate, the Company may ask the Guest to leave the Spa or the Hotel. The Client and the Guest are jointly and severally liable for the amount of the service as well as damages for the harm suffered. Guests are reminded that treatments and access to the Facilities are strictly individual; Guests are not permitted to bring other people into the Spa except under the conditions set out in 2 – OFFER AND CONDITIONS OF ACCESS.

8 – INTELLECTUAL PROPERTY RIGHTS

The Client is expressly informed that the Hotel and its various spaces, in particular the Spa Brach by Clarins, 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 managers and creators of the products, whose treatments are provided at the Spa, and of the signature brand La Colline. Clients 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 Richepin – 75116 Paris, France or by email to spa@brachparis.com within 8 days of the end of the service, detailing the dates of the session, their reservation or invoice number, their details, and the email addresses, postal addresses and telephone numbers the Company can use to reply to the Guest or Client. 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 15 days after the stay will not be considered. The Company cannot favourably respond to any complaints that do not cite a right conferred upon the Guest or the Client 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 the 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 spa@brachparis.com.

11 – PERSONAL DATA

Personal data disclosed on the occasion of Spa reservations and services are processed by the Company as described in these T&Cs and in the Company’s personal data charter. These documents also include the rights of the Client and any Guests who have shared personal data.
Before making any reservation, the Client and the Guest are invited to read the personal data charter, which can be accessed on the Website or by making a request directly to the Spa or the Hotel either in person or by email sent to spa@brachparis.com.
The reservation implies the acceptance, by the Client, of the personal data charter, as well as the T&Cs in force at the time of the reservation. These are attached to the confirmation email mentioned in article 4 – RESERVATION. The Company may, however, update or revise its personal data charter at any time. The Client and the Guest are invited to consult, as regards the terms and conditions of reservations that have already been made and confirmed, the personal data charter and T&Cs attached to their reservation confirmation email, subject to immediately applicable legal changes.
The Client and the Guest are reminded that they can sign up to the telemarketing call blocker via the website bloctel.gouv.fr. For more information, the Client and the Guest are invited to consult the personal data charter.

12 – STORAGE OF THE CONTRACT ENTERED INTO BY EMAIL (C)

When a reservation contract is entered into electronically (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 Richepin – 75116 Paris, France or by email to spa@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 or the Guest as regards the offer, the formation, the performance or discharge of the services and orders, and more generally of these general terms and conditions 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, the quote or these general terms and conditions.

(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:

If the Client or the Guest party to the dispute was domiciled in France when the contract was entered into, French courts exclusively;
If the Client or the Guest party to the dispute was not domiciled in France when the contract was entered into:
If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in the European Union, courts in the Member State in which the Client is domiciled; the Client or the Guest party to the dispute may also still bring a case before the French courts;
If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in Switzerland, Norway, Iceland or the United Kingdom, and they were already domiciled in the same State when the contract was entered into, the courts of the State in which the Client is domiciled; the Client or the Guest party to the dispute may also still bring a case before the French courts;
If, at the time the case is brought before the court, the Client or the Guest party to the dispute is domiciled in territories other than those mentioned in the previous paragraphs, or if they are domiciled in Switzerland, Norway, Iceland or the United Kingdom but were not when the contract was entered into, French courts only.
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.