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General terms and conditions of sale and use

Sodexo Live! Hospitality Roland-Garros 2023 FEBRUARY 2023

Translated into English for information purposes only. In the event of a dispute, the French version shall take precedence.

PART I: GENERAL TERMS AND CONDITIONS OF SALE

For the purposes hereof, the terms defined below, both in the singular and in the plural, shall have the following meaning:

  • Customer”: any natural person or legal entity acting as a consumer within the meaning of the Consumer Code, that is, for purposes not in connection with its commercial, industrial, artisan, professional or agricultural activity;
  • Holder”: any natural person who has one or more personal access passes;
  • Services / Hospitality”: services proposed directly by the Marketer or indirectly via its website.
  • Marketer or Company”: the company responsible for marketing;
  • Organiser”: the company responsible for providing or subcontracting the service;
  • Website”: the Website (https://www.sodexolive-hospitality.com/) and the portals and variations of associated URLs, where applicable.

 

Article 1 - General provisions

1.1 The provision of the Services is subject to the stipulations hereof, complemented by the specific terms and conditions of the Service. They prevail over any conditions of purchase that may be contrary to them and express the entirety of the rights and obligations of the parties and are indissociable for any order.

1.2 The Marketer reserves the right not to accept bookings for events of which the electoral, political or religious nature is incompatible with or may damage the image and aim of the event venue.

1.3 If any one of the clauses hereof (in full or in part) were to prove unlawful, invalid or inapplicable, the other provisions would remain in force.

1.4 The fact that the parties do not exercise the rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of asserting said rights.

1.5. This document is written in French.

 

Article 2 – Prices

Prices are expressed in euros, exclusive or inclusive of tax. The prices invoiced are those in force on the day of the booking. All new taxes or charges which may be created, or any change to current charges or taxes, automatically entail the readjustment of prices. Prices may also be subject to a differentiated pricing policy based on the management of the capacities and dates available, and may vary as a result. It is for the Customer to assess, before approving the booking, whether the price is suitable. No dispute regarding the price may be considered at a later date.

 

Article 3 - Booking and payment terms

3.1 Sales (telephone, email, contact form, order form, validated quote):

The Marketer offers packages for sale, consisting of a stadium ticket and services. The signing of an order for packages by the Customer is equivalent to a firm and definitive commitment on its part. The Marketer may decide, at its discretion, to invalidate the order if the quote is returned incomplete or after the deadline.

A deposit of 50% of the total amount of the order, including tax, must be received by the Marketer within 7 calendar days of receipt of the Customer’s approved quote. The balance must be paid no later than 45 days before the date of the event, or as specified in the quote.

For orders placed fewer than 45 days before the date of the event, full payment must be made within 7 calendar days of the Customer’s acceptance of the quote.

If the Customer fails to pay all or part of the price on time, the Marketer may treat the order as terminated immediately, it being understood that any sums already received will be retained by the Marketer as minimum compensation, without prejudice to any additional damages which the Marketer may claim from the Customer by way of legal action.

3.2 Sales on the website, with payment obligation:

Any booking is effective upon confirmation to the Customer by email, mail or digitally, and constitutes acceptance hereof. Payment must be made immediately and in full. It will be done by credit card. Customers who pay by bank card undertake to use only a card owned by them, in person. The Service Provider cannot be held liable in the event of fraudulent use. The Customer shall indicate the number, validity date and security code of their bank card at the time of payment. Remote payment by bank card is fully secured by the SSL protocol and provided by an organisation specialising in secure online transactions. Bank data are transferred by a secure link directly to the website of said organisation. In any event, non-availability of the electronic payment service cannot under any circumstances release the Customer from its obligation to pay for the chosen Services.

 

Article 4 - Cancellation

Every booking is final, must be paid for and cannot be cancelled or refunded.

4.1 By the Customer

In the event of the Customer cancelling the order, in whole or in part, the deposits made will be retained by the Marketer. However, where the Customer cancels in whole or in part less than 45 days before the event, the Customer will be liable to the Marketer for the full amount due in respect of the cancelled order.

4.2 By the Marketer

The company will be released from any liability in the event of failure or delay in the performance of its obligations resulting from events beyond its control, in particular any decisions by the Organiser having an impact on access to the stadium or the performance of the services covered by the packages.

The company will also be released from any responsibility for reasons of unforeseen events or force majeure, including but not limited to any exceptional weather conditions or natural disasters, pandemics or fires, which will be considered as such. Any strike making it impossible to hold the event, action by civil or military authorities, wars or acts of terrorism; or for any other cause beyond the control of SODEXO LIVE making it impossible to provide all or part of the package, or preventing SODEXO LIVE from performing its obligations.

The company therefore reserves the right to suspend or cancel the performance of its service and the Customer shall not be entitled to claim compensation as a result.

 

Article 5 – Postponement

In the event that the date of the sporting event for which the packages are provided is changed beyond the company’s control after the order has been placed, the Customer will be invited to attend the event on the date to which it is postponed by the organisers.

In the event of postponement of one or more matches within the initial period or after the last day of the Event, for whatever reason, SODEXO LIVE undertakes to perform the services at the same price as that set out in the quote.

 

Article 6 – Access passes, collection and location

6.1 Responsibilities

The Customer and the Holder shall refrain from:

. Reselling access passes, or transferring the rights related to access passes for a fee.

. Using all or part of the package for promotional or commercial purposes, in particular in the context of competitions, lotteries, commercial gifts and any other action of this type, and more generally prohibiting any form of visibility whatsoever.

6.2 Tickets and passes

Please note that tickets/passes are personal and cannot be returned, exchanged or refunded, even in the event of loss or theft. In the event of loss or theft of a ticket, the Customer must report the loss/theft to the Police or Gendarmerie, and alert the Marketer as soon as possible, who may request a duplicate from the Organiser.

6.3 Ticket collection

The terms and conditions for the collection of access passes are determined by the Organiser. Passes are personal and are issued to the Customer exclusively in PDF or paper format. Passes are delivered to the Customer between one and three months before the event, subject to payment for the order being made in full and the provision of the names of the recipients at least 30 days before the event. For orders placed less than one week before the event, passes will be available on site on the day of the event, subject to full payment of the order.

6.4 Location

The Customer acknowledges that the Marketer has informed it that the precise location in the stadium cannot be guaranteed. Similarly, for large groups, it cannot be guaranteed that all the seats will be in the same section.

 

Article 7 - Internal regulations

7.1 The Organiser will do everything in its power to ensure that the services are provided in accordance with the terms and conditions indicated in the booking.

7.2 The Customer and Holder undertake to adhere and ensure others adhere to the regulations and instructions concerning safety, order and discipline in force in the space or spaces where the services are performed. The Marketer and the Organiser reserve the right to refuse access to a space to any person whose dress or behaviour is likely to interfere with the smooth provision of the service. For more information, the Client and the Holder may access, at any time, the internal regulations of the place where the Service will be performed on the internet at https://docplayer.fr/42880483-Reglement-interieur-du-stade-roland-garros.html.

7.3 The Marketer reserves the right to claim damages for any loss that it may have sustained on account of a failure by the Customer to comply with any one of the provisions hereof.

 

Article 8 - Confidentiality

The parties mutually undertake to maintain the strictest confidentiality in respect of all documents and information that are brought to their attention in relation to the performance of the services.

Accessible elements, notably in the form of texts, photographs, images, icons and sound, are also protected by intellectual and industrial property rights and other private rights. Under no circumstances may the Customer reproduce, represent, modify, transmit, publish or adapt, on any medium whatsoever, using any means whatsoever, or use in any way whatsoever, any or all of the Organiser’s Marketer’s or Service Provider’s trademarks without their prior authorisation. Any use that has not been authorised beforehand, on any basis whatsoever, of all or part of the information may be the subject of any appropriate action, including an action for infringement.

 

Article 9 – Intellectual property

The Marketer is the owner of all intellectual property rights relating to the “Sodexo Live! Hospitality” trademark and the website “https://www.sodexolive-hospitality.com/”.

All works of art, representation or particular features of locations, as intellectual works, are protected as such by the provisions of Books I and III of the Intellectual Property Code. Any reproduction is therefore strictly forbidden.

 

Article 10 - Liability – Insurance

The Marketer and the Organiser accept no liability in the event of theft or damage caused to any kind of items or property (personal effects, hand luggage, equipment, etc.) belonging to the Customer or Holder entrusted to them.

The Marketer may invoice the Customer for any theft or damage to goods or property caused at the venue where the service is provided by the Customer or a Holder.

In the event of failure to fulfil its contractual obligations, the Marketer cannot reimburse more than 100% of the service ordered.

The Marketer declares that it has taken out insurance with a company known to be solvent covering its civil operating liability for up to EUR 8 million, and notably in the event of food poisoning.

For its part, the Customer declares that it has taken out insurance with a company known to be solvent covering its civil liability.

 

Article 11 - Force majeure

The Marketer, the Organiser or the Customer reserve the right to cancel a Service in the case of a force majeure event (fire, explosion, attack, natural disaster, administrative restrictions, etc.). Any event, such as a pandemic, which meets the criteria of force majeure and significantly affects the performance of the Services ordered or the performance of the contract because of compliance with the health control measures put in place by the French government authorities is considered a case of force majeure. In such circumstances, the sums paid by the Customer will be refunded without the Customer being entitled to any additional compensation.

 

Article 12 - Personal data

The Customer’s Personal Data are collected and processed in compliance with Act No. 78-17 of 6 January 1978 in force and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. For more information, the Customer is invited to consult our Privacy Policy, available on our website https://www.sodexolive-hospitality.com/.

 

Article 13 - Receipt of notifications and newsletters

The Customer may, at any time and free of charge, ask us to stop sending advertising or commercial offers by contacting us directly at sales.support.ssl@sodexo.com or via the unsubscribe link included in any offer we may send them by e-mail. This objection is without prejudice to the legality of any mailings sent out before implementation of that objection.

Under Article L.223-2 of the French Consumer Code, the User is informed of their right to register, free of charge, to opt out of receiving marketing calls (www.bloctel.gouv.fr).

 

Article 14 - Proof

It is expressly agreed that, barring an obvious error established by the Customer, the Organiser or the Marketer, the information stored in the latter’s information system has probative force. The information on computer or electronic media retained by the Marketer constitutes evidence and, if it is produced as evidence in any litigation or other proceedings, it shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is drawn up, received or retained in writing.

 

Article 15 – Complaints

In the event of a complaint regarding the service, the Customer has the option of contacting the Marketer by post, at the address SODEXO LIVE! HOSPITALITY- Customer Relations Department– CPH 231 – 33 avenue Emile Zola – 92100 Boulogne-Billancourt – France or by email at contact.rolandgarros.fr@sodexo.com.

In the event of a dispute between the professional and the consumer, they shall strive to find an amicable solution. Failing an amicable agreement, the consumer has the option of referring the matter free of charge to the professional’s consumer ombudsman, i.e. the European Ombudsman Association (AME CONSO), within one year of the written complaint sent to said professional. The matter should be referred to the consumer ombudsman:

– either by filling in the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;

– or by sending a letter to AME CONSO, 11 Place Dauphine – 75001 PARIS – France.

This provision regarding referral to the Ombudsman does not apply to legal entities.

 

Article 16 - Applicable law – Disputes

This contract is governed by French law. It must be implemented and interpreted in compliance with this law.

In the event of any dispute, the Customer will contact the Company as a priority in order to find an amicable solution.

The Customer is advised that they may, in any event, resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sector-based mediation bodies or to any alternative dispute settlement method (conciliation, for example) in the event of any challenge.

Failing an amicable agreement, the case will be brought before the competent courts, it being stated that the deadlines in which to initiate proceedings shall not be interrupted during the period of seeking said amicable solution.

In the event of any dispute or challenge, the French courts alone will have jurisdiction and French laws alone will apply. Disputes arising with our customers registered on the Trade and Companies Register (RCS) will be submitted to the Commercial Court of Paris.

All of the above clauses will be respected in full by each party.

 

 

Part II: GENERAL TERMS AND CONDITIONS OF USE

 

The purpose of this section of the General Terms and Conditions of Use of the Service Provider’s Website is to define the terms and conditions of availability of, access to and use of the Service Provider’s website; said terms and conditions are enforceable on the Users.

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE, AS WELL AS APPLICABLE LAWS AND REGULATIONS.

For the purposes of this section, the terms defined below, both in the singular and in the plural, have the following meanings:

  • Contribution”: all content (photographs, images, information, remarks, comments, CVs, cover letters, etc.) that may be published, edited, drafted, shared, deleted and/or modified on the Website by the User;
  • GTCU”: these general terms and conditions of use;
  • Publisher”: the company or companies publishing the Service Providers’ Website(s) mentioned in the Legal Notices;
  • Website”: the Service Provider’s Website and the portals and variations of associated URLs, where applicable;
  •  User”: anyone logging on to the website, such as the Customer, visitors, etc.;
  • Functionality”: services made available to the User on the website, as described below;
  • Services”: the services offered, which may be booked by the User under the terms and conditions set out on the website.

 

Article 1 - Access to the Functionalities

Access to the Functionalities of the website is open to anyone browsing on the said site and is conditional on compliance herewith. Users are informed that they have the option of saving and printing these GTCU by using the standard functionalities of their browser or computer. By using the Functionalities, Users acknowledge that they have obtained from the Service Provider all the necessary information about the Functionalities and that they unconditionally accept the GTCU.

All Users undertake, having accepted the GTCU, to comply with them scrupulously. Failure to comply with the GTCU renders Users liable and may entail immediate and automatic suspension, or permanent and automatic cessation of access to the Website and to the associated Functionalities.

Users are responsible for the use they make of the information made available to them by the User in connection with the Functionalities and must take into consideration all notices featuring in these GTCU and on the Website.

The conditions of access to and use of the Functionalities may be changed without prior notice by the Service Provider. Availability of each Functionality depends on the Website and a User might therefore not have access to all or part of the Functionalities below.

 

Article 2 - Functionalities

The Website allows the User to access some or all of the following Functionalities:

2.1 Viewing information about the Services. This functionality allows Users to access information relating to the Services (e.g. times, descriptions and specific terms and conditions of the Services, information about products offered, etc.).

2.2 Booking. Users may book Services on the website. The terms and conditions of access to the Services and how to order them are shown on the Website and herein. In any event, Users undertake to ensure that all information provided to the Publisher (including Personal Data) at the time of registration is always truthful, accurate, complete and up-to-date. In particular, Users undertake not to create a false identity likely to mislead the Publisher or any third party and not to steal the identity of another natural person. In the event of any changes, Users undertake to update all the information concerning them immediately. If Users provide any false, inaccurate, outdated, incomplete, deceitful or misleading data, the Publisher may immediately suspend or terminate their account and temporarily or permanently refuse access to all or part of the Functionalities.

2.3 Receiving notifications and newsletters from the Service Provider and/or its partners. Depending on the choices made at the time of booking, Users may receive commercial notifications where applicable and/or newsletters from the Service Provider and/or its commercial partners.

2.4 Submission of applications. Users may submit an unsolicited application in accordance with the terms and conditions set out on the Website.

 

Article 3 – User Contributions

Users undertake to ensure that their Contributions comply with all applicable laws and regulations. Prohibitions include, but are not limited to, publishing any Contribution the content of which would, or would be likely to, infringe:

  • Public order or accepted standards of behaviour,
  • The rights of third parties (image rights, privacy, etc.),
  • The intellectual property rights of any third party and/or Sodexo.

In this respect, Users undertake to ensure that their Contributions are relevant to the context. They must not contain subjective comments, especially if they are excessive or insulting, or reveal, directly or indirectly, any information considered sensitive (racial or ethnic origin, political, philosophical or religious opinions, trade union membership, information relating to health or sex life, offences, convictions or security measures).

Users represent that they accept all civil and criminal liability that might result from the publication of his/her Contributions on the Website. In addition, Users will hold the Publisher harmless against any action, of any kind whatsoever, which might be brought against it by any interested person regarding Users’ failure to comply with the foregoing provisions.

It is specified that in the event of failure by Users to comply with the provisions of this article, Sodexo reserves the right to remove from the Website any disputed Contribution, notwithstanding Sodexo’s right to suspend or terminate the User’s access to the website without prior notice.

 

Article 4 – Terms and conditions for providing access to the Website

4.1 Availability. Access to the website is open and free to any User with Internet access. All costs relating to access, for hardware, software or Internet access, shall be exclusively borne by the User. Users shall have sole responsibility for the correct functioning of their computer equipment and for their internet access.

The Publisher will use all reasonable means to provide the User with continuous access to the Website, but certain Functionalities may be subject to varying availability.

The Publisher may not be held liable for the unavailability of the Website in the event of operations relating to maintenance, testing, security or repair, or of any other nature whatsoever.

However, the Publisher reserves the right, without prior notice or compensation, to temporarily or permanently close down the Website or access to one or more Functionalities, including in order to perform an update, maintenance operations, or modifications or changes concerning operational methods, servers and hours of accessibility, this list of reasons not being exhaustive. The Publisher also reserves the option of suspending, interrupting or bringing a permanent end to any access to all or part of the Website in the event of force majeure, as defined by case law, or any other event beyond its control.

Users acknowledge the Publisher’s right to choose and/or change the infrastructure and/or the country where the Website is hosted as it sees fit.

4.2 Faults – Malfunctions. The Publisher does not guarantee that the Website will be free from faults, errors or bugs, or that these can be rectified, or that the Website will function without interruption or failure, or that it is compatible with particular hardware or particular settings.

Under no circumstances may the Publisher be held liable for technical problems attributable to third parties, particularly in the event of malfunctions attributable to third-party software, regardless of whether or not they are incorporated into the Website or provided therewith, or for issues related to communication or unavailability of the Website due to technical problems beyond the Website’s control, whether due to:

  • the User’s equipment;
  • the internet service provider;
  • the User’s hosting provider;
  • or generally to a force majeure event.

Users further represent that they are aware of the nature and limitations of the internet, particularly its technical performance, the response times for viewing, querying or transferring data and the risks related to the security of communications. Users will be responsible for monitoring possible developments in computing and data transmission resources at their disposal in order to adapt them to developments in the Website.

 

Article 5 – Publisher’s liability.

The Publisher may not be held liable for loss or harm of any kind (including loss of profit or of opportunity, etc.) which may result from changes and/or any temporary or permanent, total or partial, unavailability of the Website or of any Functionality, regardless of its origin or source. More broadly, except in the event of wrongdoing on its part, the Publisher is not liable under any circumstances for loss or harm of any kind (including loss of profits or of opportunity, etc.) which might result from the use of the Website, including loss of data, including Personal Data, intrusion, virus, suspension of service and/or Functionalities, fraudulent use of a bank card, etc.

In the event of improper use or illegal exploitation of the Website by a User, the User shall bear sole liability for any damage of any kind caused to third parties and to the Publisher, and for any resulting consequences, claims and/or action.

Furthermore, Sodexo will not be liable in the event of “force majeure” situations as defined by applicable laws and French case law.

 

Article 6 – Cookies

Some of the User’s information may be collected when accessing this Website for the purposes of personalising and improving the User’s experience. For more information, the User is invited to consult our Cookie Management Policy.

 

Article 7 -Term and termination

This agreement is entered into for an indefinite term and shall remain in full force and effect as long as the User uses the Functionalities or keeps his/her personal account.

The Publisher reserves the right to take all necessary measures, including the removal of a personal account, without having to give any reason or notice, undertake any formalities or pay any compensation to the User in the event of a binding court decision, force majeure event, breach of these GTCU or the law, or suspected fraud.

The Publisher will notify the User by any appropriate means of the measure taken and the reasons for taking such a decision. The User’s personal account will no longer be accessible from the date of termination and all Functionalities will be immediately suspended. Such termination shall take place without prejudice to any damages that may be claimed as compensation for the loss suffered as a result of such breaches.

At the time of termination, the rights and licences granted to the User will be terminated and the User will cease all use of the Website. The User will not be entitled to any compensation.

 

Article 8 – Hyperlinks

This Website may contain links (including hyperlinks) to other websites or applications that are not under the Publisher’s control. The Publisher is not liable for the content of these sites or applications, the links they contain, or for any changes or updates made to them. It is not possible to create a hyperlink to third-party websites without the express authorisation of the Publisher. Under no circumstances may the Publisher be held liable for the creation of a hyperlink on this Website.

 

Article 9 – General provisions

9.1. Changes to the GTCU. The Publisher reserves the right to change, supplement or update all or part of the GTCU at any time, particularly in order to comply with any legislative, regulatory, technical and case-law changes that may arise. In such cases, the applicable provisions will be those in force on the date they are posted online and will be enforceable on the date of use of the Website by the User.

9.2. Entire agreement. If any of the clauses hereof (in full or in part) proves to be unlawful, invalid or inapplicable, the other provisions shall remain in force. The invalid or unenforceable portion will be replaced by a valid provision having the same legal effect.

9.3. No waiver. The fact that the parties do not exercise rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of the enforcement of said rights.

9.4. Agreement on evidence. It is expressly agreed that, barring an obvious error established by the User or by the Publisher, the data stored in the Publisher’s information system has probative value. The data on computer or electronic media retained by the Publisher constitute evidence and, if they are furnished as evidence in any litigation or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative value as any document that is drawn up, received or retained in writing.

Last updated: February 2023

 

Translated into English for information purposes only. In the event of a dispute, the French version shall take precedence.