Terms of Use

Last updated on: February 28, 2023

PREAMBLE

LHG EXPLOITATION, a simplified joint stock company with a single shareholder with a capital of 1000 euros, whose head office is located in Tour Voltaire — 1 Place des Degrés, 92800 Puteaux/La Défense CEDEX, registered in the NANTERRE Trade and Companies Register under number 823 421 615 (hereinafter “LHG EXPLOITATION”), provides its customers with a Site, accessible at the address: https://www.hosho-hostels.com/ (hereinafter the “Site”), allowing you to read its offers and to be redirected to a Platform allowing you to make online reservations, in particular accommodation, with establishments operated under the HOSHO brand (hereinafter the “Establishments”).

The online reservation platform (hereinafter referred to as the “Platform”) is accessible via the Internet at the following address: https://api.mews.com//distributor/43f41459-5c8b-4e9d-88bc-afd3008d421c. The Platform is administered by LHG EXPLOITATION.

1. ACCEPTANCE OF THE TERMS AND CONDITIONS

By using the Site, the User acknowledges having read these General Terms and Conditions of Use (hereinafter the “CGU”) and accepting them without reservation, as well as all documents referring to them such as the Protection Policy personal data And the Cookie usage policy. These documents can be viewed, saved and printed by the User from the menu at the foot of the Site.

2. DEFINITIONS

The terms defined below beginning with capital letters and used in the singular or plural will have the following meaning:

“Customer”: refers to any person making a Reservation of one or more rooms in an Establishment for personal or professional reasons, excluding any natural or legal person reserving nights on behalf of third parties or for reselling them.

“Data”: refers to information concerning the User, including his Personal Data, provided directly or indirectly by this User, in particular during a Booking or when accessing the Platform. The User guarantees LHG EXPLOITATION to provide accurate and up-to-date information, in particular his identity and contact details.

“Personal Data”: refers to “any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); is deemed to be an “identifiable natural person” a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, in particular by reference to an identifier, such as a name, an identification number, an identification number, location data, an online identifier, or to one or more specific elements specific to his physical, physiological identity,, psychological, economic, cultural or social” (article 4 of the General Data Protection Regulation).

“Establishments”: refers to establishments, and in particular hotels, operated under the HOSHO brand for which it is possible to make Bookings through the Platform.

“Offer”: refers to the list of room stays established from the Establishments available on the Platform, responding to a request made by the User, including in particular for each possibility: the description of the Establishment, the presentation and the particularities of each room, the presentation and the particularities of each room, the applicable rate, the cancellation conditions.

“Reservation”: refers to the action of the User to select one or more Offer (s) through the Platform, under the conditions provided for in the CGV.

“Services”: refer to all the interventions and functionalities offered by LHG EXPLOITATION through the Platform under the conditions and limits provided for in the CGU.

“User”: refers to any natural person accessing the Site, whether simple visitor or Customer.

3. OBJECT

The purpose of these T&Cs, as well as the documents to which they refer, is to define the conditions, rights, obligations, responsibilities and limits applicable to any use of the Site by any User.

4. AVAILABILITY OF THE SITE

The User acknowledges and accepts that in the current state of the art, LHG EXPLOITATION cannot guarantee the continued availability of the Site.

LHG EXPLOITATION will make its best efforts to make the Site available on a continuous basis, except in the event of maintenance operations, updates or as a result of events beyond its control that may create interruptions in services, in whole or in part or more or less significant disturbances. In such cases, LHG EXPLOITATION will take the reasonable measures at its disposal to deal with these interruptions or disturbances.

5. DESCRIPTION OF SERVICES

The Services offered by LHG EXPLOITATION on the Site allow Users to:

• To be redirected to a Platform allowing you to benefit from the online reservation service within Establishments operated under the HOSHO brand, under the conditions provided for in the general conditions of sale (the “CGV”) and to manage their Bookings.
• To benefit from the commercial offers offered by LHG EXPLOITATION (in particular co-working, laundry, promotional offers, etc.) in accordance with the terms and conditions specific to these offers, available either on the Platform, or by approaching the Establishments directly.
• To fill out a form to be contacted by LHG EXPLOITATION again in order to obtain information that is not on the Site or on the Platform.

6. BEHAVIOUR

Each User must use the Site in a responsible manner, with respect and courtesy with respect for the rights of LHG EXPLOITATION and any third party.

By accessing the Site, the User undertakes and guarantees in particular:

• have the qualities and skills required to use the Site;
• to behave in accordance with all the provisions of the CGU and to respect them;
• respect all laws in force including those of the country from which the user accesses the Site;
• provide accurate, complete, and up-to-date data;
• respect the intellectual property rights of LHG EXPLOITATION and any third parties;
• use the Site within the limits of its functionalities and its destination.

In addition, the User is prohibited, in particular:

• to use the functionalities of the Site for purposes not provided for in the Terms of Use, or contrary to the destination of the Site and/or which would infringe the rights of LHG EXPLOITATION, of one of its partners or the rights of third parties;
• to use a false identity or to otherwise deceive anyone;
• to communicate false, usurped or erroneous contact details and information to LHG EXPLOITATION;
• to upload to the Site, post, make available or transmit by any means and in particular by email:

• content that he would not have the right to download,
• content that is illegal, harmful, threatening, abusive, harassing, harassing, harassing, tortious, defamatory, vulgar, obscene, contrary to good morals, invasive of a person's privacy, odious or derogatory, or offensive, or offensive from a particular point of view,
• anything containing software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

• disrupt or interrupt the operation of the Site or the servers or networks connected to the Site, or violate any requirements, procedures, rules, or regulations;
• access Personal Data that is not intended for him or enter a server to which the User is not authorized to have access;
• attempt to probe, scan or test the vulnerability of a system and in particular the Platforms, or to breach security or authentication measures without having received authorization;
• usurp or attempt to impersonate another User or any third party;
• harm a natural or legal person through the Site;
• damage the reputation of LHG EXPLOITATION, the Site, one or more other Users or any third party.

The User also undertakes not to disclose personal, professional or confidential information disseminated through the Site or of which he would become aware through the use of the Site or from third parties.

A fortiori, the User shall refrain from any processing of Personal Data obtained on or through the Site and in particular from any collection, any unauthorized or misused use and any act likely to infringe on privacy and Personal Data or the reputation of one or more other User (s) or any other natural or legal person.

7. INTELLECTUAL PROPERTY LAW

The Site, including all the elements that compose it, in particular the developments, graphics, images, images, photographs, in particular the developments, graphics, images, photographs, animations, clips, texts, logos, software and interfaces (hereinafter the “Content”) are protected by intellectual property rights and the exclusive property of LHG EXPLOITATION, with the exception of brands, logos, images, photos and distinctive signs belonging to third parties or to third parties.

Any use, including any reproduction, distribution, modification, modification, retransmission or publication of the Content is strictly prohibited without the prior written consent of LHG EXPLOITATION. In particular, it is forbidden to (i) copy, modify, create a derivative work, create a derivative work, assemble, decompile (except as provided by law), sell, assign, sublicense or transfer in any way whatsoever any right relating to the Content and (ii) to modify all or part of the Content in order in particular to obtain unauthorized access to the Site.

Consequently, any reproduction and/or representation, total or partial, of the Content, without the prior written authorization of LHG EXPLOITATION, is prohibited and would constitute an infringement punishable in particular by the provisions of the Intellectual Property Code.

LHG EXPLOITATION, or any other holder of these rights, may implement any measure or action, including judicial, to put an end to an infringement of its rights, in particular intellectual property, and reserves the right to seek damages in the event of such an infringement.

8. COOKIES

Cookies are data stored in an Internet user's terminal equipment and used by LHG EXPLOITATION to send information to the user's browser, allowing this browser to send information back to the original site.

LHG EXPLOITATION uses cookies on the Site. The User is invited to consult the Cookies Policy accessible from the menu at the foot of the Site.

9. HYPERTEXT LINKS

Any creation of links to the Site, any framing of the Site and more generally any use of an element composing the Site is subject to the prior written authorization of LHG EXPLOITATION, which may be revoked at any time at its sole discretion.

LHG EXPLOITATION is in no way responsible for the content of the sites to which the hypertext links redirect the User.

10. PROTECTION OF YOUR PERSONAL DATA

LHG EXPLOITATION, in its capacity as Data Controller, collects and processes Personal Data in the context of the use of the Site, in compliance with the General Data Protection Regulation (hereinafter “RGPD”) and the French Data Protection Act.

For more information concerning the protection of their Personal Data, Users are invited to consult the Protection Policy personal data accessible from the menu at the foot of the Site.

11. RESPONSIBILITY

The User acknowledges using the Site under his sole responsibility. In particular, it is the User's responsibility to protect himself against the dangers of the Internet and to take all necessary measures to protect his own data (including his Personal Data) and/or software from contamination by possible viruses that could affect his computer or any other computer equipment that he uses or that is under his care.

The User is solely responsible for the means of accessing the Internet and the Site.

Excluding Data, LHG EXPLOITATION tries to ensure as best as possible the accuracy of the information accessible on the Site, but does not guarantee that the information provided by the Establishments or any other third party is accurate, complete, or up to date.

In addition, LHG EXPLOITATION declines all responsibility in the event of interruption of the Site, the occurrence of a malfunction or any damage resulting from fraudulent acts by third parties or User (s).

Moreover, under no circumstances can LHG EXPLOITATION be held responsible for any damage, regardless of the cause, origin, nature and consequence, arising in particular from the use that does not comply with these T&Cs by the User and from the consultation or use of the Site by a third party.

LHG EXPLOITATION cannot be held liable for a cause whose triggering event originated in a case of force majeure, including if such a case of force majeure affects one of its subcontractors, as well as any event beyond its exclusive control.

In addition, LHG EXPLOITATION informs the User that it reserves the right, at any time and for any reason whatsoever, to implement any means allowing to suspend or delete, without notice, access to all or part of the Site and, in particular for any conduct, observed or presumed, to be in violation of all or part of the Terms of Use (including the Protection Policy). personal data) explicitly or implicitly, without prejudice to any damage and interest that LHG EXPLOITATION reserves the right to claim from the User in compensation for the harm suffered.

12. MODIFICATION OF THE TERMS AND CONDITIONS

The CGU may be updated by LHG EXPLOITATION. The previous T&Cs are then automatically terminated and replaced by the new version which is immediately enforceable against the User and which mentions the date of the last update at the top of the T&Cs. To be informed of these possible changes and updates, it is recommended that the User consult the CGU regularly.

13. SURVIVANCE

The provisions of the CGU, which by their nature or their wording are intended to continue to apply after the cessation of use of the Site for any reason whatsoever, as well as the provisions of the article “Responsibility”, the article “Protection of your personal data” and “Intellectual property rights” will remain in force for the duration necessary for the execution of their object.

14. NULLITY — TITLE

If one or more stipulations of the CGU are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will remain in full force and scope.

In the event of interpretation difficulties between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be discarded and the content of the clause concerned will prevail.

15. APPLICABLE LAW

These CGU and the documents to which they refer are governed by French law.

In the event of a dispute, the User undertakes to contact LHG EXPLOITATION as a matter of priority in order to try to resolve amicably any dispute that may arise concerning the T&Cs.

In the absence of an amicable agreement within a period of thirty (30) days following the letter initiating the request for amicable settlement, any dispute relating to the existence, interpretation, execution or breach of the CGU, even in the event of multiple defendants, will be submitted (unless exclusive jurisdiction is recognized) to a different jurisdiction, in particular the Court of First Instance of Paris in matters of intellectual property):

1. In the event of a dispute with a merchant: Commercial Court of Paris;
2. In the event of a dispute with a non-merchant: to the French court with territorial jurisdiction.