General Terms and Conditions

PREAMBLE

The present General Terms and Conditions (hereinafter the “General Conditions” or “Terms and Conditions” or “GTC”) apply to any order placed by a customer (as defined below), directly or through a travel agent, with the following restaurant:

LE BARTHELEMY HOTEL & SPA AND ITS RESTAURANT OPERATING UNDER THE NAME “ABYSS SAINT BARTH”, a simplified joint-stock company with a share capital of €100,000, whose registered office is located at LD GRAND CUL DE SAC 97133 SAINT BARTHELEMY, registered with the Basse-Terre Trade and Companies Register under number 821 321 890, represented by Mrs. Denise Dupre acting with the necessary powers as president, (hereinafter “LE BARTHELEMY HOTEL & SPA AND ITS RESTAURANT OPERATING UNDER THE NAME “ABYSS SAINT BARTH” OR “the restaurant” with the following contact details; email address: restaurante@lebarth.com ; telephone number +590 590 77 48 48).

These General Terms and Conditions are intended to govern the purchase and reservation of Services and benefits ordered by Customers from the restaurant via the following website (hereinafter referred to as “the Website”): https://www.abyssrestaurant.com/fr

They are accessible and printable at any time via a hypertext link available on the Website’s home page.

IMPORTANT

Any order placed on the Website implies the Customer’s unreserved acceptance of these General Terms and Conditions.

LEGAL NOTICE

In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy, known as L.C.E.N., we bring the following information to the attention of users and visitors of the website: https://www.abyssrestaurant.com/fr

LE BARTHELEMY HOTEL & SPA AND ITS RESTAURANT OPERATING UNDER THE NAME “ABYSS SAINT BARTH”, a simplified joint-stock company with a share capital of €100,000, whose registered office is located at LD GRAND CUL DE SAC 97133 SAINT BARTHELEMY, registered with the Trade and Companies Register of Basse-Terre under number 821 321 890, represented by Mrs. Denise Dupre acting and vested with the necessary powers as president.

The Publication Manager is Claire Hillau.

Contact the publication manager: restaurants@lebarth.com

AXOVIA MARKETING & TECHNOLOGIES S DE RL DE CV

Los Tules 178 int. K5 Col. Zona Hotelera Norte. Puerto Vallarta, Jal. Mexico

Users are informed that during their visits to this Website, cookies are placed on their computer. The purpose of these cookies is to generate visitor statistics.

In accordance with the provisions of Articles 38 et seq. of Law 78-17 of January 6, 1978, on Information Technology, Data Files, and Civil Liberties, every user has the right to access, rectify, delete, and oppose the personal data concerning them. To exercise this right, users should send their request to the publisher of this website via email or by sending a written and signed request, accompanied by a copy of a valid ID with the holder’s signature, specifying the address to which the response should be sent.

Article 1. Definitions

Article 2. Purpose

Article 3. Acceptance of the General Terms and Conditions

Article 4. Reservation of Services or Purchase of Gifts

Article 5. Procedure for Reserving Services and Purchasing Gifts

Article 6. Selection of Services and Purchase Options

Article 7. Reservation and Purchase

Article 8. Acknowledgment of Receipt

Article 9. Invoicing

Article 10. Pricing

Article 11. Policy Regarding Additional Persons

Article 12. Check-In and Check-Out Policy

Article 13. Group Reservations

Article 14. Payment Policy (Excluding Special Offers)

Article 14.1 For Rooms & Suites

Article 14.2 For Aqua & Bleu Villas

Article 15. Cancellation Policy

Article 15. 1. For Rooms & Suites

Article 15.2. For Aqua & Bleu Villas

Article 16. Modification Policy

Article 17. No-Show Policy

Article 18. Visa Requirements

Article 19. Customer Insurance

Article 20. Smoking Policy

Article 21. Customer Behavior

Article 22. Pet Policy

Article 23. Availability of Services and Gifts

Article 24. Payment

Article 24.1 Payment Methods

Article 24.2 Payment Date

Article 24.3 Payment Refusal

Article 24.4 Proof and Archiving

Article 25. Liability

Article 26. Force Majeure

Article 27. Personal Data

Article 28. Complaints – Customer Service

Article 29. Intellectual Property

Article 30. Validity of the General Terms and Conditions

Article 31. Modification of the General Terms and Conditions

Article 32. Jurisdiction and Applicable Law

The terms used hereinafter, in these General Terms and Conditions, including its preamble and beginning with a capital letter, whether used in the singular or plural, shall have the following meanings:

Beneficiary: Refers to the person using the Gift.

Gift Voucher: Refers to the document describing the offer covered by the Gift Voucher, the name of the Beneficiary, the validity number, and the validity period. The Gift Voucher may be delivered by mail in a Gift Box or digitally.

Gift: Refers to a Gift Voucher or a Gift Certificate that can be ordered via the following link: https://lebarthelemyhotel.bonkdo.com/en/

Gift Certificate: Refers to the document specifying an amount to be spent, the applicable conditions, the Hotel, the name of the Beneficiary, the validity number, and the validity period. The Gift Certificate may be delivered by mail in a Gift Box or digitally.

Customer: Refers to the legal entity or adult natural person that is fully legally entitled to commit to the following GTC, acting for their own needs, excluding any intermediation, resale, distribution, or similar activities related to any or all the Services and/or Gifts.

Contract: Refers collectively to the GTC and the Specific Terms of the Reserved Rate and/or the Cancellation Policy, as summarized in the Confirmation Email.

Cancellation Deadline: Refers to the deadline for canceling the Services as provided in the Specific Terms of the Reserved Rate or in the Cancellation Policy for all cancellations of reservations by the Customer.

Specific Terms of the Reserved Rate: Refers to the specific conditions for booking, cancellation, no-show, minimum number of persons, and guarantee for each Hotel Service, which may vary depending on the season and are available on the Website or communicated to the Customer at the time of booking or purchase and are summarized in the Confirmation Email.

Confirmation Email: Refers to the confirmation email sent by the restaurant to the Customer at the email address provided by the Customer during the reservation and/or order, containing a summary of the Contract and specifying, in particular, the reservation conditions (Reserved Services, Specific Terms of the Reserved Rate and/or Cancellation Policy, any applicable prices and taxes, the price of Additional Services, check-in/check-out times, rules applicable to the stay at the Hotel, reservation dates, guarantee) as well as the details of the order placed.

Service Offer: Refers to the service offer proposed by the restaurant to the Customer during a reservation made by email or telephone, and sent to the Customer at the email address provided during the reservation, specifying, in particular, the conditions of the offer (Reserved Services, Specific Terms of the Reserved Rate and/or Cancellation Policy, any applicable prices and taxes, the price of Additional Services, check-in/check-out times, rules applicable to the stay at the Hotel, reservation dates, guarantee) as well as the contractual conditions applicable to the offer.

Cancellation Policy: Refers to the specific conditions applicable to the modification and/or cancellation of a Spa Service or a Catering Service.

Privacy Policy: Refers to the personal data protection policy.

Services: Refers to the Hotel Services, Spa Services, Catering Services, and other Additional Services offered to Customers by the Hotel.

Additional Services: Refers to additional products and/or services offered to the Customer when booking a Hotel Service (such as, for example, a bottle of champagne, a bouquet of flowers, etc.). The cancellation conditions for Additional Services are identical to those of the Hotel Service to which they are attached.

Hotel Service: Refers to the accommodation service within the Hotel for the duration and on the dates indicated by the Customer and under the conditions set out in these terms and summarized in the Confirmation Email.

Catering Service: Refers to the catering service offered within the restaurant under the name ABYSS SAINT BARTH.

Spa Service: Refers to one of the treatments available within the hotel's Spa.

Website: Refers to the website https://www.abyssrestaurant.com/fr published by the Company.

Company: Refers to "LE BARTHELEMY HOTEL & SPA AND ITS RESTAURANT OPERATING UNDER THE NAME 'ABYSS SAINT BARTH,'" a simplified joint-stock company with a share capital of €100,000, whose registered office is located at LD GRAND CUL DE SAC 97133 SAINT BARTHELEMY, registered with the Basse-Terre Trade and Companies Register under number 821 321 890, represented by Mrs. Denise Dupre, acting with the necessary authority as President, VAT No. FR06821321890.

These General Terms and Conditions govern the contractual relationship between the Customer and the restaurant where the Customer makes a reservation and/or purchases Services or Gifts.

The GTC take precedence over any other document (including any document provided by a travel agent, if applicable) with respect to their purpose, except for the Specific Terms of the Reserved Rate or the Cancellation Policy, which shall prevail over the GTC in the event of a conflict.

The Contract represents the entirety of the obligations of the parties. The Customer may retain the Contract by printing it. No general or specific conditions communicated by the Customer may be incorporated into or added to the Contract.

The Customer agrees to carefully read these General Terms and Conditions and to expressly accept them before proceeding with the payment of an order for Products places on the Website.

These General Terms and Conditions are referenced as an accessible link at the bottom of each page of the Website and must be reviewed before placing an order. The Customer is encouraged to carefully read, download, and print the General Terms and Conditions and to retain a copy.

The restaurant advises the Customer to review the General Terms and Conditions with each new reservation of Services or purchase of a Gift, as the latest version of the GTC applies to any new reservation of Services or Gift purchase.

By clicking on the “Reserve” button to book a Service or on the “Offer” to purchase a Gift and then on the second “Reserve Now” or “Pay and Confirm Your Purchase” button to confirm said Service reservation or Gift purchase, the Customer acknowledges having read, understood, and accepted the General Terms and Conditions without limitation or condition.

To order to enter into a Contract with the Company, the Customer must be at least eighteen (18) years old and/or have legal capacity.

The Company undertakes to present the essential characteristics of the Services and the mandatory information that the Customer must receive under French law in a clear, readable, and understandable manner and to verify their accuracy.

These characteristics and information are provided on the Service descriptions available on the Website or within the establishment.

These documents include the description, allergens, nutritional values, composition, format, usage instructions, and the price of the Services.

The Customer agrees to carefully read this information before reserving a Service or purchasing a Gift on the Website or within the establishment. The Customer must also inquire about their own allergies or food intolerances before reserving a Service or purchasing a Gift on the Website.

All Services and Gifts sold by the Company on the Website comply with current European legislation and applicable standards in France.

The Customer is required to carefully read the various warnings provided on the documents describing the Services and Gifts, including the usage instructions, before proceeding with any reservation of a Service or purchase of a Gift on the Website.

Services and Gifts can be reserved or purchased directly on the Website, through the Company by telephone, or in person at the Hotel's reception. To make a reservation or purchase, the Customer must follow the steps outlined below (please note that depending on the Customer’s starting page, the steps may vary slightly).

The Customer must select the Service(s) and Gift(s) of their choice by clicking on the relevant Service(s) and Gift(s) and choosing the desired quantities and duration.

Once the Services and/or Gifts have been selected, the Customer must click on the “Reserve” button to reserve a Service or on the “Offer” button to purchase a Gift, then click on the second button “Reserve Now” or “Pay and Confirm Your Purchase” to confirm the said Service reservation or Gift purchase and verify that the selected Service and/or Gift is correct (including quantity, characteristics, and references of the Services and/or Gifts ordered or reserved, billing address, payment method, and price) before finalizing the order.

Once the Customer has validated the contents of their order and identified themselves, an automatically completed online form will be displayed, summarizing the applicable price, taxes, and reservation or purchase fees.

The Customer can then proceed to pay for the Services or Gift using the chosen payment method, following the instructions provided on the Website, and supply all necessary information for billing and delivery/reservation of the Services or Gifts.

For Services or Gifts with available options, these specific references appear once the correct options have been selected. Orders placed must include all necessary information for their proper processing of the order.

Once all the steps described above have been completed, a page will appear on the Website to acknowledge receipt of the Customer’s order.

A copy of the order acknowledgment is automatically sent to the Customer by email, provided that the email address provided via the form is correct.

It is specified that the order summary and the confirmation email may be saved and printed by the Customer.

During the order process, the Customer must enter the necessary billing information (an asterisk (*) indicate mandatory fields that must be completed for the Customer’s order to be processed by the Company).

The Customer must clearly provide all relevant information concerning the reservation.

The Customer must also specify the chosen method of payment.

Neither the order form that the Customer completes online, nor the order acknowledgment sent by the Company to the Customer via email constitutes an invoice. Regardless of the method of order or payment used, the Customer will receive the original invoice at the email address provided in the Service reservation or Gift purchase form.

The restaurant prices are listed per meal and in euros for one person.

The prices do not include the Value Added Tax (VAT) at the rate in effect on the date of the Service Reservation or Gift purchase since VAT is not applicable in the territory of the Collectivity of Saint-Barthelemy.

The prices indicated are valid, except in cases of significant error. The applicable price is the one shown on the establishment's menu for the date on which the Service Reservation and/or Gift purchase is made by the Customer.

Depending on the room's interior space, the room can be used free of charge for additional guests up to and including 10 years old. Additional guests and up to 3 children aged 11 years and older are charged 180 euros per night per person. These rates include the services listed below but exclude local tax.

Management reserves the right to determine the maximum occupancy per room.

Check-in time is 3:00 PM, and check-out time is 12:00 PM. If an early arrival or late departure is desired, additional fees may apply.

Reservations for 5 or more rooms are subject to specific booking policies. For any group inquiries, please contact the restaurant at restaurants@lebarth.com

To ensure the security of the Customer’s banking information, a payment link will be sent for all payments instead of direct debit authorizations.

A deposit of 50% of the total stay amount is required at the time of booking. The balance of the stay is due 30 days before arrival. For any reservation made within 30 days before arrival, 100% of the booking is required.

A deposit of 50% of the total stay amount is required at the time of booking. The balance of the stay is due by September 30, 2024. For any reservation made from September 30 onwards, 100% of the total amount is due at the time of booking.

A deposit of 30% of the total stay amount is required at the time of booking. The balance of the stay is due 45 days before arrival. For any reservation made within 45 days before arrival, 100% of the booking is required.

A deposit of 50% of the total stay amount is required at the time of booking. The balance of the stay is due by September 1, 2024. For any reservation made from September 1 onwards, 100% of the total amount is due at the time of booking.

Cancellations are only confirmed when the Customer receives a unique cancellation number from the hotel. For any refunds, banking fees and any applicable exchange rate fees are the responsibility of the Customer.

The restaurant cannot be held legally responsible for any personal event, illness (including COVID-19), flight cancellation, or any other unforeseen circumstances leading to a cancellation or modification of the stay. Our strict cancellation conditions apply. We strongly recommend that our customers purchase travel insurance at the time of booking.

In accordance with the provisions of Article L.221-28 12° of the French Consumer Code, you do not have the right of withdrawal provided for in Article L.221-18 of the French Consumer Code.

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In case of cancellation between the confirmation and 31 days before arrival: cancellation is free of charge. In case of cancellation between 30 days and 0 days before the stay or in case of no-show: 100% of the total amount of the stay will be charged.

In case of cancellation between the confirmation and September 29, 2024: cancellation is free of charge. In case of cancellation from September 30, 2024, or in case of no-show: 100% of the total amount of the stay will be charged.

In case of cancellation between the confirmation and 46 days before arrival: 30% of the reservation is due. In case of cancellation between 45 days and 0 days before the stay or in case of no-show: 100% of the total amount of the stay will be charged.

In case of cancellation between the confirmation and August 31, 2024: 50% of the reservation is due. In case of cancellation from September 1, 2024, or in case of no-show: 100% of the total amount of the stay will be charged.

Any modification of the initial reservations within the above-mentioned deadlines is subject to the hotel's approval and may result in additional charges. In the event of a reduction in the stay within the deadlines indicated above, the canceled nights will be charged. Any unused nights (early departure or late arrival) during the stay will be charged. In case of an extension of the stay, a supplement may be applied for certain nights or all nights. After the deposit has been paid under the above conditions, Le Barthélemy Hotel & Spa cannot cancel the Customer’s reservation, except in cases of force majeure. The following force majeure events are accepted: fire, flood, storm, strikes (total or partial), or any cause beyond the control of Le Barthélemy Hotel & Spa.

In the event of a no-show, the full amount of the stay will be charged.

Please note that if Guests do not check in on their confirmed arrival date, this will be considered a cancellation of the entire stay, and the hotel will be free to re-rent the room.

The Customer is responsible for verifying whether a visa is required or not. It is the responsibility of the Customers to check with the French Embassy for the latest law in force regarding visa requirements. Please note that no refund will be given, and the full amount of the stay will be charged if Customers are not permitted to enter the island.

Le Barthélemy Hotel & Spa recommends that its customers obtain travel insurance and cancellation insurance to cover unforeseen events.

Le Barthélemy Hotel & Spa is committed to providing its Customers with non-smoking rooms. Please note that indoor areas are non-smoking; for Customers who wish to smoke, the restaurant invites them to do so in the privacy of their outdoor space while keeping the terrace doors closed. The restaurant reserves the right to charge Customers up to 500 euros to cover the cost of a deep cleaning.

Customers are expected to always behave appropriately and to comply with the procedures and/or requests of the restaurant regarding their conduct and the respect for the property of the Hotel, its employees, and other Customers, as well as their health and safety. Customers are requested not to disturb the comfort and enjoyment of other Customers, the proper operation of the Hotel, or to offend other Customers or staff members. Le Barthélemy Hotel & Spa reserves the right to refuse accommodation or services, or to remove Customers from the restaurant if it reasonably believes that this provision has not been respected. In such cases, Le Barthélemy Hotel & Spa has no obligation to refund any loss of accommodation, other services, or any other loss or expense incurred.

Le Barthélemy Hotel & Spa is pleased to welcome small and medium-sized dogs, with larger dogs accepted upon request. We remind our Customers that they are responsible for any damage caused by their pets. The hotel has a limited number of rooms available for Customers accompanied by dogs, so please contact the restaurant at reservations@lebarth.com to reserve yours. There are no restrictions for service dogs. A supplement of 50 euros per night will be applied for cleaning and will be specified on the Customer’s booking confirmation. Please note that the hotel reserves the right to charge additional cleaning fees if necessary.

The Company commits to delivering the Gift and providing the Service on the date or within the timeframe indicated to the Customer, unless otherwise agreed upon by the parties.

The unavailability of a Service is indicated on the relevant Service page.

In any case, if the unavailability was not indicated at the time of booking or purchase, the Company commits to informing the Customer without delay if the Service or Gift is unavailable.

If a Service or Gift is unavailable, the Company may, with the agreement of the parties, offer an alternative Service or Gift of equivalent quality and price, subject to the Client's acceptance.

If the Customer decides to cancel their booking or purchase of unavailable Services or Gifts, they will be refunded all amounts paid for the unavailable Services or Gifts no later than fourteen (14) days from the date the contract was terminated.

The Customer may pay for their Service reservations or Gift purchases online on the Website using the payment methods offered by the Company, which include:

In the case of payment by bank transfer, the reservation will only be confirmed upon receipt of the funds in the Seller's bank account.

In the case of payment by check, the reservation will only be confirmed upon receipt of the said check.

The Customer guarantees to the Company that they have all the necessary authorizations to use the chosen payment method.

The Company will take all necessary measures to ensure the security and confidentiality of data transmitted online during online payments on the Website.

It should be noted that all payment information provided on the Website is transmitted to the Website's bank and is not processed on the Website.

In the case of a one-time payment by credit card, the Customer’s account will be charged as soon as the reservation for Services or the purchase of a Gift is made on the Website.

If the Customer’s decides to cancel their order for unavailable Services or Gifts, the refund will be processed in accordance with the last paragraph of Article 23 of these General Terms and Conditions.

If the bank refuses to debit a card or any other payment method, the Customer must contact the Company's customer service to pay for the reservation or purchase using any other valid and accepted payment method by the Company.

If, for any reason, such as opposition, refusal, or other, the transfer of funds owed by the Customer is unsuccessful, the reservation or purchase will be canceled, and the reservation will be automatically terminated.

Any contract concluded with the Customer corresponding to a Service reservation or Gift purchase exceeding 120 euros, including taxes, will be archived by the Company for a period of ten (10) years in accordance with Article L. 213-1 of the French Consumer Code.

The Company agrees to archive this information to ensure transaction tracking and to produce a copy of the contract upon the Customer’s request.

In the event of a dispute, the Company will have the ability to demonstrate that its electronic tracking system is reliable and ensures the integrity of the transaction.

The Company’s liability cannot be engaged in any case of non-performance or improper performance of contractual obligations attributable to the Customer, particularly when entering their Service reservation or Gift purchase.

The Company cannot be held responsible or considered to have failed in its obligations under these General Terms and Conditions for any delay or failure in the execution of one of its obligations described herein when the cause of the delay or failure is related to a force majeure event, as defined by French courts and tribunals.

It is further specified that the Company does not control websites that are directly or indirectly linked to the Website. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for informational purposes only, and no guarantee is given regarding their content.

Occasionally, accidents may occur resulting in breakage and/or damage during a Customer’s stay at the property. Please inform the restaurant immediately if such an event occurs. Le Barthélemy Hotel & Spa generally does not charge for minor breakages, but if the damage or breakage is significant, the restaurant reserves the right to charge Customers the full cost of repairs related to such damage or breakage.

The hotel may ask you to leave the premises without refund or compensation if you engage in activities incompatible with the peaceful and reasonable use of a hotel room.

You acknowledge that you are responsible for any damage caused to the hotel or others due to your actions or those of persons for whom you are responsible.

In accordance with Article R.814-1 of the French Code of Entry and Residence of Foreigners and the Right of Asylum, the hotel may require you to complete an individual police form.

The Company’s liability cannot be engaged if the non-performance or delay in the execution of any of its obligations described in these GTC results from a force majeure event.

Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded, and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation.

If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is automatically terminated, and the parties are released from their obligations under the conditions provided in Articles 1351 and 1351-1 of the French Civil Code.

In the event of any of the aforementioned occurrences, the Company will make every effort to inform the Client as soon as possible.

Every consumer has the option to register for free on the BLOCTEL list to opt-out of telephone solicitation: https://www.bloctel.gouv.fr/ .

In accordance with French Law No. 2020-901 of July 24, 2020, aimed at regulating telephone solicitation and combating fraudulent calls, any professional reserves the right to solicit a consumer registered on the telephone solicitation opt-out list when it involves communications related to the execution of an ongoing contract and is connected to the subject of said contract. This includes offering the consumer products or services related to, complementary to, or intended to improve the performance or quality of the ongoing contract.

The Company collects personal data about its Customers on the Website as part of managing information requests, managing and monitoring reservations and contracts, managing bookings and purchases, delivering gifts, managing payments, ensuring the proper functioning and continuous improvement of the Website, managing requests for rights under the GDPR, and, if the Customer has expressly opted in, sending newsletters and promotional offers, unless the Customer no longer wishes to receive such communications from the Company.

In this regard, the Customer is invited to review the Seller's Privacy Policy available at the following address: https://www.lebarthelemyhotel.com/en/privacy, which provides more detailed information on the protection of personal data, the processing carried out via the Website, and the methods for exercising rights.

The Seller provides a "Customer Telephone Service" available to the Customer at the following number: +590 590 77 48 48 (standard rate number), available 24/7.

Any written complaint from the Customer must be sent by mail to the following address: LD GRAND CUL DE SAC 97133 SAINT BARTHELEMY, or by email to the following address: restaurants@lebarth.com

All visual and audio elements of the Website, including the underlying technology used, are protected by copyright, trademark, and/or patent law.

Le Barthélemy Hôtel & Spa holds the copyright for all content on this website (Photo credits: Olivier Leroi/Laurent Benoit/Pierre Carreau).

These elements are the exclusive property of the Company or are used under a license that permits their commercial exploitation.

Any individual or entity that operates a website and wishes to create a direct hyperlink to the Website must request written permission from the Company.

This permission from the Company will not be granted on a permanent basis and the link must be removed at the Company's request. Hyperlinks to the Website that employ techniques such as framing or in-line linking are strictly prohibited.

Any total or partial representation or reproduction of the Website and its content, by any means whatsoever, without the prior express authorization of the Company, is prohibited and will constitute an infringement punishable under the provisions of the French Intellectual Property Code.

Acceptance of these GTC constitutes acknowledgment by the Customer of the Seller’s intellectual property rights and a commitment to respect them.

Any modification of the applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such modification or decision shall in no event authorize the Customers to disregard these General Terms and Conditions.

These General Conditions apply to all orders placed online on the Website, if the Website is available online.

The General Conditions are precisely dated and may be modified and updated by the Seller at any time. The applicable General Conditions are those in effect at the time of the order.

Modifications made to the General Conditions will not apply to Products already purchased.

THESE GENERAL CONDITIONS AS WELL AS THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.

IN THE EVENT OF A DISPUTE RELATING TO THE CONCLUSION, INTERPRETATION, PERFORMANCE, OR TERMINATION OF THIS CONTRACT, THE EXCLUSIVE JURISDICTION SHALL BE THAT OF THE COURT OF BASSE-TERRE, INCLUDING FOR SUMMARY PROCEEDINGS OR BY PETITION, NOTWITHSTANDING MULTIPLE DEFENDANTS, INCIDENTAL CLAIMS, THIRD-PARTY CLAIMS, URGENT PROCEEDINGS, WHETHER BY INTERIM PROCEEDINGS OR MOTIONS.

However, before taking any legal action, the Customer is invited to contact the Seller's complaint service.

If no agreement is reached or if the Customer proves that they have attempted, prior to any legal action, to resolve the dispute directly with the Seller through a written complaint, a voluntary mediation procedure will be proposed. This procedure will be conducted in a spirit of loyalty and good faith to reach an amicable agreement in the event of any conflict related to these General Terms and Conditions, including disputes over their validity.

After contacting customer service or the restaurant to attempt to resolve the dispute amicably, and in the case of a negative response or no response within 60 days of the complaint, the Customer may refer the matter to a Mediator. The Mediator in question is the Tourism and Travel Mediator. The mediation request can be submitted within 12 months after the initial complaint.

Here are the contact details:

Mediator: Mr. Jean Pierre TEYSSIER

Mailing address: MTV Médiation Tourisme Voyage BP 80303 75823 PARIS CEDEX 17 Submission form: http://www.mtv.travel/

Every consumer also has the possibility to use the European Online Dispute Resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, specifying the elements of the conflict.

Since mediation is not mandatory, either the Customer or the Seller may withdraw from the process at any time.

IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT COULD HAVE BEEN SUBJECT TO MEDIATION WILL BE SUBMITTED TO THE COMPETENT COURT DESIGNATED ABOVE.