HOTEL SUPER GENERAL TERMS AND CONDITIONS OF SALE

1. PURPOSE AND SCOPE

These General Terms and Conditions of Sale (hereinafter the “GTCS”) are intended to define the terms and conditions under which PARIS-ARCHEREAU, a simplified joint-stock company (SAS), having its registered office at 40 rue Legendre, 75017 Paris, registered with the Paris Trade and Companies Register under number 841 960 677, operates the Archereau establishment (hereinafter the “Hostel”), and provides accommodation services to private individuals or legal entities (hereinafter the “Customer”), on the website www.hotelsuper.fr (hereinafter the “ Website ”).

The Hostel is managed by TERLIA [a SAS registered with the Paris Trade and Companies Register under SIREN number 483 728 846 and having its registered office at 111 rue de Longchamp, 75016 Paris], in its capacity as management agent. In this capacity, the Hostel is listed on TERLIA’s website, available at the following address : https://www.terlia.fr/.

Any reservation made with the Hostel, regardless of how it is made, is subject to these GTCS.

The Hostel reserves the right to amend its GTCS at any time, provided that they are communicated prior to the provision of any services. The applicable GTCS are those in force on the date of reservation. Any amendment to an executed contract must be the subject of a written addendum signed by both parties.

2. DEFINITIONS

GTCS : means these general terms and conditions of sale.

Customer: means any adult natural person having full legal capacity to enter into commitments under these GTCS, as well as any legal entity duly represented by a person authorised for this purpose, acting for its own needs, excluding any brokerage, resale, distribution or similar activity relating to all or part of the Services.

The Hostel: means the Archereau establishment operated under the name Hôtel SUPER, located at 38-42 rue Archereau, 75019 Paris, providing tourist accommodation services, in particular in the form of beds in shared rooms and/or private rooms, as well as, where applicable, common areas and services accessible to Customers.

Dormitory / Shared Room : means an accommodation area comprising several beds intended to be occupied individually by several Customers, without each Customer having exclusive use of the entire room. The bed allocated to the Customer constitutes their accommodation space for the duration of the stay. By exception, where the Customer reserves the entire Dormitory / Shared Room, it is made available to them in its entirety for the duration of the stay.

Private Room: means a room intended for the exclusive use of the Customer and, where applicable, persons included in the same reservation, subject to the maximum capacity indicated at the time of reservation.

Room : means either a Shared Room or a Private Room.

Service(s): means the Accommodation Services, Catering Services and other Additional Services offered to Customers by the Hostel on the Website.

Accommodation Service: means the accommodation service (stay) at the Hostel, for the duration and on the dates selected by the Customer and under the conditions set out herein and/or on the Website.

Catering Service: means the catering service offered at the Hostel’s food and beverage outlets.

Website : means the website www.hotelsuper.fr

3. ACCOMMODATION AND SERVICE OFFER

On its Website, the Hostel offers accommodation reservation services, including in particular beds in Dormitories as well as Private Rooms (“Accommodation Services”), and complementary services to said Services (“Additional Services”), both of which are collectively referred to as the “Services”.

The photographs presented on the Service Website are for illustrative purposes only. Although every effort is made to ensure that the photographs, graphic representations and texts used to illustrate the Hostel and/or Services provide as accurate a representation as possible of the accommodation services and other services offered, variations may occur, in particular due to changes in furniture or possible renovations.

3.1. Accommodation services

The Hostel makes Private Rooms and Shared Rooms available to the Customer at its establishment located at 38-42 rue Archereau, 75019 Paris.

A Service may be booked, as applicable, through the Website, by telephone, by email, at the Hostel or through a third party (e.g. travel agent, company, association, etc.).

When making a reservation, the Customer may consult the Hostel’s essential information: availability, prices, payment terms, cancellation terms, arrival and departure times, as well as any special conditions associated with the selected rate.

For all useful purposes, the Customer is reminded that they are solely responsible for their choice of Services and their suitability for their needs, and that the Hostel cannot be held liable in this respect.

It is expressly agreed between the Parties that any reservation of a Service is personal and may under no circumstances be assigned, in whole or in part, to a third party, whether free of charge, for consideration or commercially.

3.2. Additional services

The Website also enables the reservation of additional services, such as catering services and, depending on the offers available, breakfast or any other service shown on the Hostel’s Website.

Before confirming the reservation of an additional service, the Customer may consult, for each service offered, its essential characteristics, price, any terms of provision, amendment and cancellation, as well as any applicable special terms.

4. BOOKING PROCESS

4.1. Making a reservation

A Service may be booked directly with the Hostel, in particular through the Website, by telephone, email, at the establishment’s reception desk or by any other booking method offered by the Hostel. Reservations may also be made through a distributor, travel agency, online booking platform or any other authorised partner.

Any reservation request implies that the Customer acknowledges having read these GTCS, the special terms applicable to the selected rate and, where applicable, the corresponding cancellation policy, and accepts them without reservation before entering into the contract.

Where the reservation is made online, the Customer gives their consent by expressly accepting these GTCS in accordance with the procedure provided for this purpose.

Where the reservation is made by telephone, email or any other means of remote communication, these GTCS are brought to the Customer’s attention before their reservation is finally confirmed.

The Hostel reserves the right to refuse any incomplete, irregular, fraudulent reservation or any reservation likely to harm its legitimate interests or the proper operation of the establishment.

4.2. Groups & events

Any reservation for six (6) rooms or more is considered a group reservation.

Group reservations are not governed by these GTCS. They are subject to specific group terms and conditions, which are provided to the Customer before entering into the contract and supplemented, where applicable, by special terms or a booking agreement.

4.3. Information provided by the Customer

The Customer undertakes to provide accurate, complete and regularly updated information when making a reservation.

The Customer remains solely responsible for the consequences resulting from any inaccurate, incomplete or outdated information they provide, particularly where such information makes the normal performance of the booked services impossible.

The Hostel cannot be held liable for the consequences resulting from such errors, particularly if booking confirmations or stay-related information are not received.

4.4. Choice of Services

The Customer acknowledges having obtained all necessary information relating to the essential characteristics of the services offered by the Hostel before completing their reservation.

It is the Customer’s responsibility to verify that the selected services meet their needs, particularly with regard to room category, facilities, accommodation capacity, associated services and any applicable restrictions.

The Customer remains solely responsible for the choice of booked services.

Consequently, the Hostel cannot be held liable for any discrepancy between the services selected by the Customer and their personal expectations.

4.5. Personal nature of the reservation

All reservations are entered into intuitu personae.

Unless prior written consent is obtained from the Hostel, a reservation may not be assigned, transferred, resold or made available to a third party, whether free of charge or for consideration.

Any unauthorised resale of the Hostel’s services may result in the immediate cancellation of the reservation, without reimbursement of sums paid and without prejudice to any damages the Hostel may claim.

4.6. Occupancy capacity

Each accommodation category offered by the Hostel, whether a Private Room, Dormitory or any other type of accommodation, is subject to a maximum occupancy capacity determined in accordance with applicable safety standards and the characteristics of the Room concerned.

The Customer undertakes to strictly comply with this capacity throughout the stay.

The Hostel may refuse access to any undeclared additional person or require the reservation of an additional room when maximum capacity has been reached.

Such refusal shall not give rise to any reimbursement or compensation.

4.7. Reservation confirmation

Any reservation is deemed concluded when the Customer clicks the “BOOK” button.

The Hostel remains free to request any supporting document necessary to validate the reservation, particularly in the event of a risk of fraud or doubt as to the Customer’s identity.

If the requested supporting documents are not provided within the prescribed period, the Hostel may cancel the reservation without incurring liability.

4.8. Bank card guarantee

Depending on the applicable rate conditions, the Hostel may require the provision of a valid bank card to guarantee the reservation.

The Customer expressly authorises the Hostel to request a bank card pre-authorisation or carry out any necessary verification.

The absence of a valid bank card guarantee may result in cancellation of the reservation.

The Hostel may also use this guarantee to settle any amounts still due in respect of the stay, additional services, contractual penalties or damage attributable to the Customer, under the conditions provided herein.

4.9. Irregular or fraudulent reservations

Any reservation made using inaccurate information, a fraudulent means of payment, an assumed identity or in breach of these GTCS may be cancelled automatically by the Hostel.

The Hostel also reserves the right to report the facts to the competent authorities and to initiate any appropriate civil or criminal proceedings.

The Customer remains liable for all expenses, losses and costs incurred by the Hostel as a result of such conduct.

4.10. Right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, accommodation services provided on a specified date or according to a specified periodicity are not subject to any right of withdrawal.

Consequently, any reservation, except those identified as refundable in exchange for an additional charge, once final remains exclusively subject to the cancellation and amendment terms provided for by the booked rate or applicable special terms.

4.11. No-show

In the event of cancellation of the reservation, the following conditions apply depending on the rate or offer selected by the Customer:

- Refundable offers

The reservation may be cancelled or amended free of charge until 3:00 p.m. (local time at the establishment) on the day before the arrival date.

After this deadline, and in the event that the Customer fails to arrive on the scheduled arrival date (“no-show”), the Hostel shall be entitled to charge, as cancellation fees, an amount equal to the first night for each booked Room, without prejudice to any amounts already collected.

To guarantee the reservation, the Customer must provide a valid bank card number. The Hostel reserves the right to carry out a bank pre-authorisation before arrival. For stays of fewer than seven (7) nights, the guarantee may correspond to the amount of one (1) night.

- Non-refundable offers

Reservations made under a non-refundable offer are firm, final and irrevocable. Upon confirmation of the reservation, 100% of the total amount of the stay becomes due and may be immediately charged to the bank card provided by the Customer or collected in accordance with the chosen payment method.

No amendment, cancellation or interruption of the stay shall give rise to any full or partial refund, whatever the cause, including in the event of the Customer’s failure to appear.

Where cancellation fees are due pursuant to these GTCS, the Hostel is expressly authorised to collect them:

- first, from sums already paid by the Customer as a deposit, down payment or advance payment;

- failing advance payment, from the amount held as a guarantee using the bank card provided at the time of reservation, up to the amount due;

- if the amount of the guarantee is insufficient, the Customer remains liable for the outstanding balance and undertakes to pay it upon the Hostel’s first request.

Cancellation fees are due without prejudice to any damages to which the Hostel may be entitled in the event of separate loss resulting from the Customer’s failure to meet their contractual obligations.

5. STAY CONDITIONS

5.1. Place of stay

The Hostel does not guarantee that the entire stay will take place in the same Room or the same Dormitory. The Customer shall not be entitled to any compensation or indemnity as a result of a change of Room during the stay.

Where several beds are reserved in a Shared Room, the Hostel does not guarantee that these beds will be located in the same Shared Room. Bed allocation is at the Hostel’s discretion.

5.2. Non-smoking establishment

The Hostel is entirely non-smoking, including in Rooms, common areas and, where applicable, in areas where this prohibition is indicated.

Any breach of this prohibition may result in the Customer being charged compensation corresponding to deodorising, deep-cleaning and temporary Room unavailability costs, without prejudice to compensation for any duly substantiated greater loss.

5.3. Mixed dormitories

Depending on availability and the categories marketed, the Hostel offers mixed dormitories and/or dormitories reserved for a specific gender.

It is the Customer’s responsibility to check the selected dormitory category at the time of reservation.

Access to a single-gender Dormitory or single-gender Shared Room is reserved for Customers who correspond to the category of the booked accommodation.

This information is checked against the identity document presented upon arrival.

In the event of non-compliance with this condition, the establishment reserves the right to cancel the reservation.

5.4. Children / Minors

Unless expressly provided otherwise at the time of reservation, children over twelve (12) years of age are considered full occupants and are charged at the rate applicable to adults.

Minors may not stay at the Hostel unless accompanied by an adult.

In the event of non-compliance with these conditions, the reservation will be cancelled upon arrival. No refund will be issued.

5.5. Pets

Small pets are permitted only in Private Rooms, subject to payment of an additional charge that may be booked online, the amount of which is communicated to the Customer before reservation confirmation. .

Pets are not permitted in Dormitories / Shared Rooms or in the Hostel’s dining areas.

The Customer remains fully responsible for their pet throughout the stay. The Customer is liable for all damage, deterioration, nuisance or disturbance caused by the pet to persons, property or the proper operation of the Hostel. The Hostel reserves the right to refuse or terminate the admission of any animal whose behaviour may compromise safety, hygiene, the peace and quiet of other guests or the proper operation of the Hostel.

The pet owner’s liability shall be directly incurred in the event of damage or inconvenience caused by the pet affecting the Hostel, third parties, employees or other Hostel Customers. The cost of any damage caused during the stay may be charged to the Customer.

Rules relating to the peace, quiet and safety of Customers are assessed at the Hostel’s sole discretion.

5.6. Arrival and departure times

Unless otherwise expressly agreed in writing with the Hostel, Rooms are made available to the Customer from 3:00 p.m. on the day of arrival and must be completely vacated by no later than 12:00 noon on the day of departure.

Any request for early arrival or late departure is subject to the Hostel’s availability and must be agreed in advance by the Hostel. The Hostel reserves the right to charge an additional fee, the amount of which will be communicated to the Customer before any confirmation.

If the Room is not vacated at the scheduled time and without the Hostel’s prior consent, the Hostel may charge late departure fees, or even an additional night where continued occupancy prevents the Room from being relet or disrupts the establishment’s operations, without prejudice to compensation for any duly substantiated additional loss.

The Hostel cannot be held liable for the inability to make the Room available before the standard arrival time or to grant a late departure where operational constraints do not permit this.

5.7. Compliance with Hostel rules

The Customer undertakes to comply with these GTCS, the Hostel’s internal rules displayed on the premises, safety, hygiene and fire instructions, as well as any instruction given by the establishment’s staff.

Throughout their stay, the Customer undertakes to behave appropriately and respectfully towards staff, other guests, the establishment’s neighbours, and the facilities and equipment made available to them. The Customer shall refrain from any conduct likely to jeopardise the safety of persons, the peace and quiet of the establishment or the proper conduct of operations.

5.8. Damage – Customer liability

The Customer is responsible for all damage, deterioration, loss or impairment caused to the premises, Rooms, furniture, equipment, facilities or any other property belonging to the Hostel where such damage is attributable to them or results from the acts of persons, children, visitors or animals under their responsibility.

The Hostel reserves the right to charge the Customer for all costs incurred for the repair, replacement, restoration or exceptional cleaning of damaged property, upon presentation of the corresponding supporting documents, without prejudice to any additional compensation claim where the actual loss suffered exceeds the amounts thus charged.

The Customer also remains responsible for their personal belongings, luggage and valuables during their stay and must ensure that they are not left unattended in common or shared areas.

Where lockers or other secure storage facilities are provided, it is the Customer’s responsibility to use them in accordance with the establishment’s instructions and, where applicable, to provide the required locking device.

Customers are advised not to keep large amounts of cash, valuable documents or particularly valuable items in dormitories and to use, where offered, the secure deposit or storage facilities provided by the establishment.

5.9. Exclusion from the Hostel

In the event of a serious or repeated breach of these GTCS, internal rules, safety rules or any essential obligation incumbent on the Customer, including in particular violence, threats, noise disturbance, aggressive behaviour, damage, consumption of illegal substances, exceeding the authorised Room capacity or any objectively established conduct compromising the safety of persons, the peace and quiet of other guests or the proper operation of the establishment, the Hostel may automatically and with immediate effect terminate the accommodation agreement and require the immediate departure of the Customer and accompanying persons.

This measure shall not give rise to any reimbursement for services already consumed or services remaining to be provided where their non-performance results from the Customer’s wrongful conduct, without prejudice to payment of amounts still due and full compensation for losses suffered by the Hostel.

5.10. Liability for accompanying persons

The Customer remains responsible for their own actions and those of minors, visitors, persons included in their reservation and, more generally, any person they bring into the establishment where the damage or breach observed results from a fault attributable to them or from failure to comply with their supervision obligations.

5.11. Guest registration form

Where required by applicable regulations, the Customer must complete and sign a guest registration form upon arrival, upon presentation of a valid official identity document.

Where the Hostel offers an online pre-check-in service, certain information may be automatically completed using the data provided at the time of reservation. It is the Customer’s responsibility to verify its accuracy and to complete or correct it where necessary before signing the form.

The Customer’s refusal to present the required documents, complete or sign the police registration form where this formality is legally mandatory authorises the Hostel to refuse access to the establishment or cancel the reservation, without incurring liability, subject to the mandatory rights granted to the Customer under applicable legal provisions.

5.12. Relocation

In the event the Hostel is unavailable or in the event of force majeure, the Hostel reserves the right to accommodate the Customer, in whole or in part, in a Hostel of an equivalent category offering services of the same nature. The transfer shall then be at the Hostel’s expense, and no additional compensation may be claimed from the Hostel.

6. SERVICE PRICES

For Accommodation Services, the price relating to the reservation is indicated before, during and after the reservation process, for the number of person(s), dates and booked Accommodation Services, as well as, where applicable, the Additional Services selected by the Customer. Accommodation Service rates are stated per night and per Room for Private Rooms, and per night and per person for Shared Rooms.

For Catering Services, the financial terms are communicated by the restaurant concerned when the reservation is made.

Depending on the applicable cancellation policy, certain fees may be charged to the Customer in the event of cancellation of the reservation or the Customer’s failure to appear.

The Service price includes only the services strictly specified in the confirmation email.

Additional services that may be provided by the Hostel during the Customer’s stay shall be added to the price stated in the confirmation email.

Prices are stated in euros before, during and after the booking process.

Where payment for the stay is made directly to the Hostel in a currency other than that stated in the booking confirmation, any conversion fees shall be borne by the Customer. Any currency conversions displayed on the Website are provided for information purposes only and have no contractual value, as exchange rates may vary between the reservation date and the date of the stay.

Tourist tax is mentioned during the booking process. Unless otherwise indicated, it is payable directly to the Hostel. In the event of online prepayment, this tax may be included in the total amount charged.

The amount of tourist tax communicated at the time of reservation is that applicable on that date. In the event of a change to its amount, rate or calculation methods between the reservation date and the date of the stay, the amount actually due by the Customer shall be that resulting from the legal and regulatory provisions applicable on the date of the stay. Any resulting difference, particularly in the event of an increase in tourist tax, shall remain payable by the Customer and may be collected by the Hostel, including where the reservation has been prepaid.

The total amount of the reservation is displayed inclusive of all taxes and remains valid only during the period specified on the Website.

The prices displayed include VAT applicable on the reservation date. Any change in the VAT rate or any creation or modification of a legal or regulatory tax decided by the competent authorities shall automatically be reflected in the amount charged.

Finally, certain promotional offers are offered exclusively on the Website and cannot be taken out directly at the establishment’s reception desk.

7. PAYMENT TERMS

7.1. General payment terms

Payment for booked services is made in accordance with the rate conditions applicable at the time of reservation.

Depending on the selected rate, payment may be required:

- in full at the time of reservation (prepaid rate);

- in whole or in part before the Customer’s arrival;

- or during the stay, upon arrival, departure or in accordance with arrangements agreed with the Hostel.

The payment terms specific to each offer are specified to the Customer before final confirmation of their reservation.

7.2. Payment security

Remote payments are processed by a payment service provider that meets the regulatory requirements applicable to transaction security.

To prevent fraudulent use of payment methods, the Hostel or its payment provider may implement any verification or strong authentication system, in particular through the 3D Secure protocol or any equivalent system.

In the event of failed security checks, refusal by the banking institution, inaccurate information, opposition on the bank card, exceeding authorised limits or any anomaly affecting the payment method used, the reservation may be suspended, refused or automatically cancelled until the situation has been rectified, without the Hostel incurring liability.

The Hostel also reserves the right to request any supporting document enabling verification of the identity of the holder of the payment method used.

7.3. Accepted payment methods

The Hostel accepts the payment methods indicated at the time of reservation or displayed within the establishment, including major domestic and international bank cards and any other payment method expressly offered.

The list of accepted payment methods may be amended at any time without prior notice.

7.4. Payment by bank transfer

The Hostel reserves the right to require payment by bank transfer, in particular for high-value reservations, group reservations, long stays or where it considers this necessary in view of the characteristics of the reservation.

The reservation shall be considered final only after the funds have actually been received in the Hostel’s bank account.

All bank charges associated with the transfer remain the Customer’s sole responsibility.

7.5. Identity verification

Upon arrival, the Customer may be asked to present the bank card used to guarantee or pay for the reservation, along with a valid official identity document.

The sole purpose of this verification is to prevent fraud and secure transactions.

If these verifications cannot be carried out or where there is evidence reasonably suggesting fraudulent use of the payment method, the Hostel may refuse access to the establishment or require another immediately available means of payment, without incurring liability.

7.6. Security deposit

The Hostel may require, upon the Customer’s arrival, a security deposit or bank card pre-authorisation intended in particular to cover:

- payment for services not yet paid for;

- consumption incurred during the stay;

- additional services;

- damage or deterioration attributable to the Customer;

- as well as any amount remaining due to the Hostel.

The amount of the security deposit is freely determined by the Hostel based in particular on the length of stay, number of occupants, category of Room booked and services selected.

Subject to technical timeframes specific to banking institutions, unused pre-authorisation is automatically released at the end of the stay where the Customer has paid all amounts due and no damage has been observed.

7.7. Payment for additional services

Any service or consumption not included in the initial reservation price becomes immediately payable upon provision.

The Hostel is expressly authorised to charge the corresponding amount to the payment method provided by the Customer or to the security deposit made, after the relevant supporting documents have been prepared.

7.8. Payment default or incident

Any late, refused or missing payment authorises the Hostel to suspend the performance of its services, refuse access to the relevant services, terminate the reservation or end the stay under the conditions set out in these GTCS, without prejudice to any legal action to obtain payment of the sums due and compensation for the loss suffered.

The Customer remains liable for all costs, penalties, compensation and expenses incurred by the Hostel as a result of the payment incident, within the limits permitted by applicable regulations.

7.9. Taxes and fees

Prices include only the services expressly stated at the time of reservation.

Unless otherwise stated, tourist taxes, local contributions, additional services, consumption, supplements, optional services and any tax or fee introduced after the reservation remain payable by the Customer and are due in accordance with the regulations applicable on the date of the stay.

7.10. Amendment, cancellation and force majeure

In the event of early departure or interruption of the stay at the Customer’s initiative, unused nights or services shall not give rise to any reimbursement, unless otherwise provided.

The Customer undertakes to vacate their Room before the departure time indicated by the Hostel on the day of departure. Failing this, an additional night may be charged at the prevailing rate.

The parties agree that force majeure events shall be assessed in accordance with the provisions of Article 1218 of the French Civil Code and applicable French case law.

For the avoidance of doubt, force majeure events include unforeseeable, unavoidable and external events preventing the normal performance of the contract, such as natural disasters, fires, armed conflicts, epidemics, acts of public authorities or any other circumstance beyond the parties’ control.

In such circumstances, the relevant obligations shall be suspended for the duration of the force majeure event.

It is expressly specified that events arising from the Customer’s personal convenience or any other circumstance personal to them do not constitute force majeure events.

8. LIABILITY

The Hostel undertakes, under a best-efforts obligation, to perform the Services diligently, competently and in accordance with these GTCS.

If the Hostel is unable to perform a Service, it shall inform the Customer as soon as possible and offer an alternative where possible.

Amounts paid by the Customer at the time of reservation constitute advance payments and not earnest money. Where the Service cannot be performed for a reason attributable to the Hostel and no alternative solution is accepted by the Customer, the sums paid for the relevant Service shall be reimbursed under the conditions provided by applicable legal provisions, without prejudice to any other rights the Customer may invoke.

The Hostel may under no circumstances be held liable in the event of:

- non-performance or improper performance of the contract attributable either to the Customer, to the unforeseeable and unavoidable act of a third party to the contract, or to a force majeure event;

- error or inaccuracy relating to non-contractual information published on the Website;

- damage resulting from fraudulent intrusion by a third party leading to alteration of information published on the Website.

9. INTELLECTUAL PROPERTY

All elements comprising the Website and the Hostel’s communication materials, including in particular trademarks, company names, trade names, logos, distinctive signs, texts, photographs, illustrations, images, videos, graphics, layouts, databases, software and any other content, are protected by the provisions of the French Intellectual Property Code and, where applicable, by any other applicable regulations.

Depending on the case, these elements are the property of the Hostel, their respective authors or rights holders, or are subject to a right of use duly granted to the Hostel.

These GTCS do not entail any transfer of intellectual property rights to the Customer. The Customer benefits solely from a right to use the Website and Services for their intended purpose and in accordance with these GTCS.

The use of the Hostel’s or its partners’ trademarks, logos and other distinctive signs is prohibited without prior written authorisation, in particular for commercial, promotional or advertising purposes.

Subject to applicable legal provisions, any reproduction, representation, distribution, amendment, adaptation, translation, extraction or reuse, in whole or in part, of content protected by copyright or database rights without the prior authorisation of the holder of the relevant rights is prohibited and may give rise to the liability of its author under the conditions provided by law.

In particular, the Customer shall refrain from using the Hostel’s trademarks, logos or any other distinctive sign, as well as photographs or content displayed on the Website, for commercial, promotional or advertising purposes without prior written authorisation.

10. PERSONAL DATA PROTECTION

The Hostel ensures that all processing operations involving personal data carried out in connection with the performance of this contract comply with applicable regulations, in particular amended French Act No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on personal data protection (“GDPR”), applicable since 25 May 2018.

For more information on the management of their personal data, the Customer may consult the Privacy Policy and Cookie Policy available on our website and via this link https://www.hotelsuper.fr/fr/politique-de-confidentialite

11. APPLICABLE LAW AND DISPUTE RESOLUTION

11.1. Applicable law

These GTCS are governed by and construed in accordance with French law.

In the event of a dispute relating to the interpretation, validity, performance or termination of these GTCS or of services provided by the Hostel, the Parties undertake to seek an amicable solution as a priority.

11.2. Consumer mediator

Failing an amicable agreement, a Customer acting as a consumer is informed that they may have free recourse to a consumer mediator, in accordance with Articles L.611-1 et seq. of the French Consumer Code.

In accordance with Order No. 2015-1033 of 20 August 2015 and implementing Decree No. 2015-1382 of 30 October 2015, the Customer may, for any consumer dispute, subject to Article L612-2 of the French Consumer Code, refer free of charge to TERLIA’s consumer mediator, namely AVENIR CONSO, within one (1) year from the date of the written complaint sent to TERLIA

The consumer mediator may be referred to:

- either by completing the relevant form on the AVENIR CONSO Website : https://www.avenir-conso.com/ under the “ONLINE REFERRAL FORM” tab ;

- or by post sent to AVENIR CONSO, 197 Boulevard Saint-Germain - 75007 Paris.

AVENIR CONSO shall endeavour, independently and impartially, to achieve an amicable resolution of the dispute.

The Customer remains free to use mediation or not.

Once the mediator’s decision has been issued, each party remains free to accept or refuse the solution proposed by the mediator.

11.3. European online dispute resolution platform

The Customer may also use the European Online Dispute Resolution (ODR) platform, available at the following address: https://consumer-redress.ec.europa.eu/.

11.4. Competent courts

Failing an amicable resolution, any dispute shall be submitted to the competent French courts.

Where the Customer is a consumer, the jurisdiction rules provided for by the French Consumer Code and the French Code of Civil Procedure remain applicable.

For disputes between the Hostel and a Customer not acting as a consumer, exclusive jurisdiction is granted to the courts within the jurisdiction of the Hostel’s registered office, including in summary proceedings, third-party proceedings or where there are multiple defendants.

11.5. Bloctel

In accordance with French Act No. 2014-344 of 17 March 2014 on consumer affairs, the Customer may register free of charge on the BLOCTEL telephone canvassing opt-out list (www.bloctel.gouv.fr) in order to no longer receive telephone marketing calls.