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TERMS OF SALES

 SARL HOTEL MODERNE DU TEMPLE

 Preamble:

 The terms used herein with a capital letter have the meaning given to them below:

 "Customer" means a natural person, of full age, acting for his personal needs and having full legal capacity to commit under these terms.

 "GTC" means these general conditions of sale as a whole.

 "Conditions of Sale of the Reserved Rate" means the specific conditions of each reservation made by the Customer.

 "Reservation confirmation" means the document summarizing the details of the reservation made by the Customer, sent by the Website or the Hotel to the Customer.

 "Reservation request" means any request for reservation of a hotel room made by the Client.

 "Hotel" means the hotel "The Element Hotel", located 3 rue d'Aix - 75010, operated by the Company.

 "Partners" means any company having concluded a partnership agreement with the Hotel.

 "Providers" means all service providers who have concluded a service contract with the Company or to which the Company subcontracts services.

 "Service" means any hotel room reservation service made by the Client on the Hotel Website.

 "Site" means the website dedicated to the Hotel accessible at the following address http://www.theelementhotel.fr.

 "Company" means SARL HOTEL MODERNE DU TEMPLE with a capital of 10,000 €, whose registered office is located at 3 rue d´Aix - 75010 PARIS, registered with the Paris RCS under number 522 858 778 and which operates the Hotel.

 Article 1 - Application

 The GTCS apply, without restriction or reservation, to all operations for the sale of Services and ancillary services offered by the Company or by any Provider to consumers and Customers on the Site or on any online booking platform Partner of the Company.

 The main characteristics of the Services are presented on the Site.

 The Customer is required to read it before any reservation.  The choice and purchase of a Service and its ancillary services is the sole responsibility of the Customer.

 These CGV being able to be the subject of later modifications, the version applicable to the purchase of the Customer is that in force on the Site on the date of the reservation.

 It is therefore imperative that the Customer carefully read the CGV which are referenced by hypertext link available on the Site.  He is advised in particular to download and / or print them in order to keep a copy on the day of his order as soon as they are likely to be modified, it being however specified that such modifications will be inapplicable to orders  Services previously performed.

 These GTC apply to the exclusion of all other conditions, and in particular those applicable for other marketing channels for the Services.

 The CGV can be supplemented by specific conditions of sale appearing on the description of the service as well as by the conditions of sale of the Providers and Partners, accessible either on their website, or on the spot.

 It is brought to the attention of the Customer that the Company concludes partnership agreements with third-party travel providers in order to allow him, by using the services offered by these partners on their website, to search, select and reserve rooms in the  'Hotel.  Any reservation of hotel rooms made under these conditions implies consultation and full and unreserved acceptance by the Customer of the Partner's specific conditions, the Conditions of Sale of the Reserved Rate and these GTC.  The Customer declares having obtained from the Hotel all the necessary information available on the Site.

 Article 2 - Capacity

 The Client acknowledges having the capacity to contract, that is to say having the legal majority and not being under curatorship or trusteeship.

 The Customer also declares to use the Site in accordance with these GTCS, in his name and in the name and on behalf of all the beneficiaries of the Services and ancillary services ordered by him on the Site which he recognizes to be the agent (hereinafter "the  Beneficiaries ”) and to whom the GTC will be enforceable.

 The Customer is financially responsible for the use of the Site made both in his name and on behalf of the Beneficiaries, except to demonstrate fraudulent use not resulting from any fault or negligence on his part.

 The Customer guarantees the veracity and accuracy of the information provided by him in his name and in the name and on behalf of all the Beneficiaries using his data on the Site.

 The Company reserves the right at any time not to contract with a Customer who makes fraudulent use of the Site or who contravenes these GTC.

 Article 3 - Prices

 Prices are in euros.

 VAT is included in the rates offered.  Any change in the applicable rate, or any modification or introduction of new legal taxes introduced by the competent authorities, will be automatically reflected in the prices indicated on the invoice date.

 The rates are per room for the number of people indicated and according to the period selected.

 The prices indicated only include the Services and additional services strictly mentioned in the reservation.  To the price mentioned in the reservation will be added the additional services provided by the hotel during the stay and, if applicable, the tourist tax.

 The Customer agrees to pay these various taxes without any dispute with the Company.

 The prices mentioned on the Site are subject to change at any time by the Company without prior information or notice.  Only the price indicated in the booking confirmation by the Company is contractual.

 No stay booked before the implementation of a possible promotional offer will be subject to reimbursement, even partial.

 The conversion into foreign currency is given as an indication and not contractual.  If a price implies a payment directly to the Hotel when the Customer arrives or leaves and the Customer's currency is not the same as that of the Hotel, the price debited by the Company is likely to  be different from that communicated during the reservation, taking into account the evolution of the exchange rate between the reservation date and the payment date.

 An invoice is established by the Service Provider and delivered to the Customer when the Reserved Services are provided.

 Article 4 - Online Reservations / Orders

 The Customer acknowledges having read the nature, destination and booking methods of the Services offered by the Company and having requested and obtained the information necessary to make his reservation with full knowledge of the facts.  He is solely responsible for his choice of services and their suitability for his needs, so that the responsibility of the Company cannot be sought in this regard.

 The Client must, when placing an order online:

 • complete the identification form on which he will indicate all the contact details requested,

 • complete the online order form giving all the references of the products or services chosen,

 • confirm your order after having checked it,

 • make payment under the conditions provided and confirm the order and payment in the event of an option for a prepayment plan (advance purchase), or send the Company its bank details in the event of an option for a flexible plan.

 • Any reservation of more than 5 rooms may entail special conditions and additional costs.

 The confirmation of the order implies express acceptance of these GTC, the acknowledgment of having perfect knowledge of it and the waiver of availing oneself of its own purchasing conditions or other conditions.

 All the data provided and the confirmation recorded will constitute proof of the transaction.  Confirmation will be worth signing and acceptance of transactions.

 The Company transmits to the Customer, by any means (email, simple mail, fax, etc.), the confirmation of the order recorded.

 The reservation is only firm and final after receipt of the confirmation sent to the Customer by the Company.

 The rates, terms and conditions of a reservation are intended for the sale of Hotel rooms in accordance with their primary purpose (accommodation).  The Company reserves the right to modify the prices, terms and conditions, or simply to cancel the reservation, if the rooms are used for other purposes such as photo shoots, film shoots, showroom, or  interview…

 Article 5 - Online payment terms

 Depending on the type of reservation made, the price is payable in full at the time of placing the order (pre-payment plan) or at the end of the Customer's stay in the Hotel (flexible plan).

 In all cases and in order to guarantee his reservation, the Customer is asked to communicate his credit card number, transmission being done by secure mode.

 In the event of payment at the time of placing the order, the bank card information transmitted by the Customer through a secure system to the Company allows the latter to debit the card for the total amount of the stay, always of  secure way.  The Customer's bank account is debited on the day of the order, the invoice being sent by the Company to the Customer on the day of their departure from the Hotel.

 The credit card used to make the reservation must be presented on arrival by its holder.  Otherwise, a new credit card will be requested for payment on arrival.

 In the case of a third party taking charge of the stay, the Hotel will require documents for the security of the transaction.

 The Hotel reserves the right to pre-authorize your credit card at any time before your arrival.

 Article 6 - Modification or cancellation of a reservation by the Customer

 Cancellations and / or changes to reservations may be authorized according to the price plan chosen by the Client.

 In the event of an option for a flexible plan, any request to modify and / or cancel a reservation must be made as soon as possible and at the latest 72 hours before the start of the stay.

 The modification and / or cancellation of a reservation is only firm and final after receipt of an email confirmation from the Company.

 The date of receipt of the modification and / or cancellation request (by email, post, telephone) is the date used for the cancellation.

 In case of option for a prepayment plan, no modification or cancellation will be accepted and the total amount of the stay will remain acquired at the Hotel without the Customer being able to claim any reimbursement.

 In case of non-presentation of the Client to the Hotel and in the absence of cancellation:

 • the total amount of the reservation will be kept by the Hotel in the case of a "Plan in advance" reservation;

 • The amount corresponding to the first night will be charged by the Hotel in the case of a "Flexible Plan" reservation.

 In addition, for a stay of at least 2 nights, in the event of the Client not showing up on the first day of the stay, the Hotel is not required to keep the room for the remainder of the stay.

 The Customer is requested to plan an arrival at the Hotel before 19:00 and to notify the hotelier in the event of late arrival, on pain of being considered as not having arrived on the first day of the stay.

 Article 7 - Provision of services

 The Services reserved by the Customer, which include the reservation services for hotel rooms and additional services, will be provided in the following manner, under the conditions provided for in these GTCS supplemented by the Conditions of Sale of the Tariff from which the Customer has taken  knowledge and that he accepted when booking on the Site.

 Upon arrival, the Customer will be asked to present his identity document in order to satisfy himself of his obligation to complete a Police Form.

 The Hotel is a completely non-smoking area.  The customer will be held responsible for direct and / or indirect damage, consecutive, resulting from the act of smoking in the Hotel.  He will therefore be liable for the full amount of the costs of cleaning and restoring the original condition of the damaged element or space.

 Animals, as long as they are kept on a leash or in a cage in the common areas of the establishment, can be accepted according to the hotel's current policy for an additional charge.  For hygienic reasons, animals are not allowed in the catering rooms.

 The Client accepts and undertakes to use the room as a good father.  Also any behavior contrary to morality and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation and or without any refund if a payment has already been made.  In the event that no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.

 The Customer will be held responsible for all direct and / or indirect, consequential damages, of which he is the author, noted in the reserved room or that he could cause within the Hotel.  Consequently, he undertakes to indemnify the Hotel up to the amount of said damages, without prejudice to any damages which may be due, procedural and legal costs incurred by the Hotel.

 A WIFI access (paying or not) allowing customers to connect to the internet can be offered according to the hotel's policy in force.  The Customer undertakes that the computer resources made available to him by the Hotel are in no way used for the purposes of reproduction, representation, making available or communication to the public of works or objects  protected by copyright or by a neighboring right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in books I and II of the code of  intellectual property when this authorization is required.  If the Customer does not comply with the aforementioned obligations, he would risk being accused of an offense of counterfeiting (article L.335-3 of the intellectual property code), punishable by a fine of 300,000 euros and three years imprisonment  .  The Customer is also required to comply with the security policy of the hotel's internet service provider, including the rules for using the security means implemented in order to prevent the illicit use of resources.  computer systems and to refrain from any act that undermines the effectiveness of these means.

 Unless expressly provided otherwise, the Room will be made available to the Client on the day of his arrival at 2 p.m. and the Client will leave the room on the day of his departure at 12 p.m.  Otherwise, an additional night will be charged to the Client.  The Customer must check his departure date.  In case of early departure, costs equivalent to one night will be charged, unless the Customer has notified the Hotel at least 24 hours before departure.

 The Company undertakes to make its best efforts to provide the Services reserved by the Customer, within the framework of an obligation of means.

 The Customer will have 8 days from the date of departure from the Hotel to make reservations or complaints regarding the provision of the Services, with all supporting documents, to the Company.

 No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.

 In the absence of reservations or complaints expressly made within this period by the Customer upon receipt of the Services, these will be deemed to comply with the reservation, in quantity and quality.

 Article 8 - Additional services

 Orders for additional services and / or packages can only be placed at the same time as the reservation of a stay in the Hotel on a given and predetermined date.

 They can only be used by the Customer during their stay in the Hotel.  The cancellation conditions are provided for in article 10 of these GTC.

 Article 9 - Relocation

 In the event of unavailability of the Hotel or in the event of force majeure, the Company reserves the possibility of having the Client fully or partially accommodate in an accommodation establishment of equivalent or higher category owned by a Partner (tourist hotel,  furnished tourist accommodation, or tourist residence), for similar services.

 The transfer will then be charged to the Company.  The Customer cannot engage the responsibility of the Company in the event of dislocation for any reason whatsoever.

 In the event of removal, the Customer will be required to sign a reservation contract with the Company Partner and to accept the Partner's General Conditions, which will constitute the only standards applicable to their stay at the Partner's establishment.

 The responsibility of the Company cannot in any way be sought for cases where the Customer has been dislodged and accommodated in the premises of the Partner, only the Partner then being responsible for the facts produced during the Customer's stay in his establishment.

 Article 10 - Right of withdrawal

 In accordance with article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the Consumer Code, taking into account the nature of the Services provided.

 Consequently, the Services and ancillary services ordered on the Site are exclusively subject to the cancellation and modification conditions provided for in these GTCS and the Customer may not invoke the right of withdrawal.

 The contract is therefore concluded definitively as soon as the booking is made by the Customer according to the methods specified in these GTC.

 Article 11 - Force majeure

 Force majeure means any event external to the parties that is both unpredictable and insurmountable which prevents either the Client or the hotelier from fulfilling all or part of the obligations provided for in the contract.

 This is particularly the case in the event of a strike, insurrection, riot, prohibitions decreed by government or public authorities.

 It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party bears the burden of the costs arising therefrom.

 Customers will bear in particular only the additional costs which could be incurred to allow the continuation of the journey, following the occurrence of a case of force majeure.

 Article 12 - Unforeseen circumstances

 These GTC expressly exclude the legal unforeseen regime provided for in article 1195 of the Civil Code for all Customer Service operations.  The Company and the Client therefore renounce each to avail themselves of the provisions of article 1195 of the Civil Code and of the unpredictable regime therein, committing to assume their obligations even if the contractual balance is upset by  circumstances which were unforeseeable at the time of the conclusion of the contract, even if their execution would prove to be excessively expensive and to bear all the economic and financial consequences.

 Article 13 - Responsibilities

 The Company declines all responsibility in the event of theft, loss or damage to belongings belonging to Customers during their stay.

 The Customer will be held responsible for any damage, any degradation, any act of vandalism which could occur as a result of the occupation of the premises and / or because of the participants and / or the personnel under their charge, both at  movable, decorative and immovable property, whether or not belonging to the Hotel.  Therefore, the Company has every right to ask the Customer to leave the establishment without any compensation and without any refund of the current stay, and to reimburse the damage caused by these acts.

 The Company, in the online sales process, is only bound by an obligation of means.  It cannot be held liable for damage resulting from the use of the Internet, such as loss of data, intrusion, virus, break in service, or other involuntary problems.

 Article 14 - Data processing and freedoms

 Pursuant to law 78-17, known as information technology and liberties, customers are informed that their reservation is subject to computerized nominative processing.  Customers have a right of access and rectification of the data entered, which is exercised at the registered office: SARL HOTEL MODERNE DU TEMPLE - The Element Hotel, 3 rue d´Aix - 75010 PARIS.  It is specified that this information is not communicated to third parties.

 The Hotel has a video surveillance system in the common areas of the building as well as the parking lot.

 Article 15 - Applicable law and language

 These GTC are governed by French law.  This is so for the substantive rules as for the rules of form.  Disputes will fall under the exclusive jurisdiction of French courts.

 These GTC are written in French.  In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.