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General terms and conditions of sale

– WHOO HOSTEL

1 – GENERAL PROVISIONS

1.1. These general terms and conditions of sale (hereinafter the “GTC”) apply, without restriction or reservation, to all purchases of accommodation, breakfast, and other services listed in a dedicated catalogue (hereinafter the “Services”) offered by the company LEGENDRE XP, whose registered office is located at 5 Rue Louis-Jacques Daguerre, 35136 Saint-Jacques-de-la-Lande and which is registered in the Rennes Trade and Companies Register under number 821 804 903 (hereinafter the “Provider”), to clients (hereinafter the “Client”) at the WHOO HOSTEL collective hostel (hereinafter the “Establishment”), located at 12, rue de Gironde – 33300 BORDEAUX.

1.2. These GTC prevail over all other documents unless both Parties agree to special conditions in writing. Unless signed by both Parties, any other document, clause, or special condition is not binding.

These GTC apply to the exclusion of all other conditions, particularly those applicable to other marketing channels for the Services and not listed in Article 3 hereof.

1.3. These GTC are systematically communicated to all Clients prior to conclusion of the agreement for Service provision and, where applicable, prevail over any other version or contradictory document. The Client declares that he/she has read these GTC and accepted them before concluding the agreement for Service provision. Confirmation of Service reservation (hereinafter the “Reservation”) by the Client constitutes acceptance of these GTC without restriction or reservation.

1.4. The Client acknowledges having been informed, in a clear and comprehensible manner, of these GTC and all the information listed in Article L.221-5 of the French Consumer Code prior to making the Reservation. The Client’s Reservation implies full acceptance of these General Terms and Conditions of Sale as well as an obligation to pay for the booked Services. This is expressly recognised by the Client, who waives recourse to any contradictory document, which, in any event, would be non-binding for the Provider.

1.5. These GTC may be subject to subsequent changes: the version applicable to the Client’s purchase is the one in force on the day the Reservation is made.

2 – NATURE AND CONTENT OF THE AGREEMENT

2.1. The agreement concluded between the Provider and the Client on the basis of these GTC (the “Agreement”) is a commercial agreement for accommodations and services. The Client acknowledges that the entire Establishment in which the Services are offered remains in the possession and control of the Provider at all times. The Client acknowledges and agrees that the Agreement entered into with the Provider on the basis hereof does not confer on the Client any tenancy rights, property lease rights, or other property rights.

2.2. The Agreement consists of the Client’s Reservation, these GTC, and the Establishment’s internal regulations.

3 – RESERVATIONS

3.1. The Client may make a Reservation:

On the Provider’s website: www.whoostay.com,

At the Establishment’s reception desk,

By telephone,

By email: hostel@whoostay.com.

3.2. The Client selects the Services that he/she wishes to reserve. The Client enters his/her credit card so that the Provider can take an imprint. A confirmation email is sent to the Client at the address provided when making the Reservation.

3.3. In any event, it is hereby specified that the Client may not make a Reservation for more than FOURTEEN (14) nights. This does not prevent the Client from extending his/her stay by making a new Reservation.

3.4. It is the Client’s responsibility to check the accuracy of the Reservation and immediately report any errors. The choice and purchase of Services is the sole responsibility of the Client.

3.5. The Provider reserves the right to refuse a Reservation, or to accept it subject to overriding conditions, in the event of an incident involving one or more previous Reservations.

3.6. The sale of Services will only be considered final once the Client has received confirmation of his/her reservation and reservation number.

3.7. Once confirmation has been sent, the Establishment will make reasonable efforts to respond to any Client request to modify the details of the Reservation. Nevertheless, the Provider advises the Client that all such requests are subject to availability and the additional payment of any price difference.

4 – RATES

4.1. The Services offered are provided at the current rates indicated at the time the Reservation is made.

4.2. The rates indicated are per dormitory (for private dormitories) or per bed, for the number of person(s) and date(s) selected, including bed linen.

4.3. Rates are expressed in euros, exclusive of VAT and inclusive of taxes. Reservations are payable in euros only. The Client will bear any exchange costs arising from foreign currency conversion.

4.4 Rates indicated at the time the Reservation is made are firm and non-revisable.

4.5. Service prices do not include tourist tax. The tourist tax must be paid to the Establishment on the day of arrival (€0.80 per person per night, as of 1 January 2020).

4.6. An invoice is drawn up by the Provider and given to the Client when reserved Services are provided.

5 – TERMS OF PAYMENT

5.1. The amounts owed are payable in full on the day of arrival, by secure payment:

By credit card: Visa, Mastercard,

By cash within the limit of ONE THOUSAND EUROS (€1,000).

5.2. In the event that the Client books Services during his/her stay, i.e., after payment of the initial Reservation, the price corresponding to these additional Services will be payable in cash on the day the additional Reservation is made. To this end, the Provider will supply the Client with a supplementary invoice taking into account the newly booked Services.

5.3. In the event of payment by cheque, the cheque must be issued by a bank domiciled in metropolitan France or Monaco. The check will be cashed upon receipt.

5.4. The Provider is not obligated to provide Services unless they are pre-paid in full. Payments made by the Client are only deemed final once the Provider has received the amounts due.

5.5. In the event of late payment, late payment penalties will be calculated by applying an interest rate equal to three times the legal interest rate plus TEN (10) points to the total amount of outstanding sums. These penalties will be automatically due and payable to the Provider, without any formality or prior notice.

5.6. Late payment will result in the immediate payability of all sums due by the Client, without prejudice to any other action that the Provider may bring against the Client in this respect.

In addition, in the event of non-compliance with the above payment terms, the Provider reserves the right to suspend or cancel Service provision and/or to suspend the performance of its obligations.

5.7. The Client may not be charged any additional costs for the use of a payment method beyond those incurred by the Provider.

6 – PROVISION OF SERVICES

6.1. The Client will go to the Establishment’s reception on the initial day of his/her reservation. The Provider will give the Client the keys to the reserved dormitory between the hours of THREE (3:00) AND TEN (10:00) PM, local time (hereinafter “Check-in”).

6.2. Upon his/her arrival at the Establishment, the client will be asked to show valid identification. If the Provider determines that the Client is of foreign nationality, the Client will be asked to complete an individual police form. In accordance with French law, a Client’s refusal to complete the form authorises the Provider to refuse accommodation.

6.3 The Client agrees to strictly adhere to the Establishment’s internal regulations, which will be provided upon arrival.

6.4. The Client agrees to use the Establishment’s Services in accordance with their intended purpose. The Client must be respectful of all spaces to which he/she has access.

6.5. The Client is solely responsible for the goods, materials, equipment, and valuables that he/she brings into the Establishment.

6.6. Access to the Establishment is secure. The Client is not authorised to let guests enter the Establishment, regardless of reason.

6.7. The Establishment is accessible to the Client on the following days and times:

7 days a week,

24 hours a day.

6.8. On the day of his/her departure from the Establishment, the Client must return the keys entrusted to him/her by the Provider no later than ELEVEN (11:00) AM (hereinafter “Check-out”).

7 – CANCELLATION AND NO-SHOW

7.1. Client cancellation or no-show

Clients who cancel a Reservation whose rate was listed as non-refundable will be charged the full cost of their Reservation.

In the event that a Client cancels a Reservation whose rate was listed as flexible:

Cancellation at least 24 hours prior to the beginning of Check-in: the Client will not be charged and will not incur any cancellation fees.

Cancellation within 24 hours of the beginning of Check-in: the Client will be charged the cost of the first night’s stay.

If the Client does not show up on the day of arrival, he/she will be charged the cost of the first night’s stay.

Clients who have not contacted the Establishment’s reception (by any means) prior to NINE (9:00) AM on the day following their first scheduled overnight stay are considered “no-shows”.

Once the 9:00 a.m. deadline has passed, the Provider reserves the right to cancel the Client’s Reservation.

7.2. Cancellation by the Provider

The Provider reserves the right to cancel any Reservation made by a Client with whom there is an ongoing dispute or a payment dispute regarding a previous reservation.

The Provider reserves the right to cancel any reservation made by a Client for reasons of force majeure, as described below, or in the event of a risk to the Client’s health or safety.

8 – LIABILITY

8.1. The Client will be held liable for any direct or indirect, material or immaterial damage that may result from his/her actions or the actions of any third party that he/she may have helped introduce into the Establishment.

8.2. The Provider will not be liable to the Client—or to any third party with whom it has a relationship—for any loss or damage suffered or caused in connection with the Client’s use of the Services unless such loss or damage is the result of an intentional act or gross negligence on the part of the Provider.

8.3. In the event that the Provider is held liable, it will only be liable for direct material damage, excluding any immaterial damages such as loss of profit, loss of business, and loss or damage to data.

9 – FORCE MAJEURE

9.1. Neither Party will be liable for any failure or delay in the performance of its obligations, as described herein, insofar as said failure or delay is caused by a force majeure event, within the meaning of Article 1218 of the French Civil Code.

9.2. Furthermore, by express agreement, any administrative closure of the Establishment imposed by the effect of a French legislative or regulatory provision constitutes a force majeure event.

9.3. The Party noting the event must immediately inform the other Party of its inability to perform services and justify this to the latter. Under no circumstances may the suspension of obligation be a cause of liability for failure to perform the obligation in question, nor may it give rise to damages or penalties for late payment.

9.4. Performance of the obligation is suspended for the duration of the force majeure event if it is temporary and does not exceed a period of THIRTY (30) days.

9.5. Consequently, once the cause for the suspension of their reciprocal obligations has ended, the Parties will make every effort to resume the normal performance of their contractual obligations as soon as possible. To this end, the affected Party will notify the other of the resumption of its obligation by any written means.

9.6. If the impediment is definitive or exceeds a duration of THIRTY (30) days, this Agreement will be unconditionally terminated in accordance with the terms and conditions defined in Article 10.

10 – TERMINATION

10.1. The Parties agree that in the event of force majeure, they may terminate this Agreement by operation of law, without notice or formality.

10.2. In the event of a sufficiently serious breach of any of the obligations incumbent on the other Party, the Party that is the victim of the breach may notify the defaulting party, by registered letter with acknowledgement of receipt, of this Agreement’s termination, FIVE (5) business days after the defaulting party has received a formal notice to comply that has gone unanswered, pursuant to the provisions of Article 1224 of the French Civil Code.

10.3. Either Party may prematurely terminate this Agreement in the event that the other Party breaches of any of its obligations hereunder. Such termination will take effect TEN (10) business days after a formal notice to comply, sent by registered letter with acknowledgement of receipt and containing a declaration of the accusing party’s intention to exercise this clause, has gone unanswered.

10.4. It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this Agreement will be validly put on notice by the sole enforceability of the obligation, in accordance with the provisions of Article 1344 of the French Civil Code.

10.5. In any event, the injured Party may seek damages in court.

11 – COMPLAINTS

11.1. All complaints must be sent by email to hostel@whoostay.com, 7 working days after the departure date at the latest. After this period, complaints will not be taken into account.

12 – INTELLECTUAL PROPERTY

12.1. The Provider remains the sole owner of all intellectual property rights over all documents, document types, studies, designs, models, prototypes, etc. made in the context of providing Services to the Client (including those made at the Client’s request).

12.2. The Client is therefore prohibited from reproducing or exploiting said documents, studies, drawings, models, prototypes, etc. without the Provider’s express, written and prior authorisation, which may be conditional on financial compensation.

13– UNFORESEEABILITY

13.1. With respect to all Services rendered to the Client by the Provider, these GTC expressly exclude the statutory regime of unforeseeability, provided for in Article 1195 of the French Civil Code. Therefore, the Provider and the Client each waive the right to invoke the regime of unforeseeability stipulated therein. Both Parties agree to fulfil their obligations hereunder—even if the contractual balance is disrupted by circumstances that were unforeseeable when concluding the sale and even if their performance should prove to be excessively burdensome—and agree to bear the economic and financial consequences of this.

14 – DATA PROCESSING AND FREEDOM OF INFORMATION

14.1. The Provider declares that the Client’s personal information is processed in accordance with the General Data Protection Regulation (GDPR).

14.2. In this context, the Provider acts as the Data Controller.

14.3. The Client’s personal data is processed for the purpose of booking his/her Reservation. In this sense, the processing of such data is necessary for the performance of this Agreement.

14.4. The categories of data concerned are as follows:

Identification data,

Bank details.

14.5. In principle, data is not transferred outside the European Union. Where this is the case, the Provider shall ensure that all service providers comply with a level of data protection similar to that imposed by the GDPR.

14.6. The recipients of this data are the Provider’s staff and service providers selected by the Provider to manage Reservations.

14.7. The Provider ensures that its staff and its selected subcontractors take all necessary technical and organisational measures to protect the processed data.

14.8. The processed data is retained for a period limited to the purpose for which it was collected or to meet the Provider’s legal and regulatory obligations.

14.9. The Client has a right to data access, rectification, erasure, opposition, limitation, and portability. These rights can be exercised by writing to the following address: dpo@groupe-legendre.com.

14.10. The Client has the right to file a complaint with the CNIL, whose contact details are as follows: Commission nationale de l’informatique et des libertés, 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, Tel: (+33) 01 53 73 22 22 Fax: (+33) 01 53 73 22 00.

15 – APPLICABLE LAW – LANGUAGE – DISPUTES

15.1. These General Terms and Conditions of Sale of the Establishment are governed by French law. Any dispute or litigation that may arise from the interpretation or execution of these GTC will fall under the exclusive jurisdiction of the courts on which the Provider’s registered office depends. The reference language for the settlement of any dispute is French.