Preamble
These General Terms of Use (hereinafter the “Terms of Use”) apply to any individual and/or legal entity (hereinafter the “User”) who browses the Site.
They aim to define the terms and conditions under which Users use the Site to identify hotel establishments operated under the MGallery brand (hereinafter the “Establishments”), which offer meeting room services, organization of seminars, and events for groups of leisure and/or business travelers.
By selecting one or more Establishments, the User can access a quote request form and receive a response to their request from the requested Establishment via their user account.
These Terms of Use express the entirety of ACCOR LUXURY & LIFESTYLE SAS’s obligations to the User regarding the use of the Site.
The User has the option to save and print these Terms of Use using the standard features of their browser or computer.
- Liability
The information available on the Site is presented and offered to Users in good faith.
The User acknowledges and accepts that, given the current state of technology, ACCOR LUXURY & LIFESTYLE SAS cannot guarantee continuous availability of the Site. In the event of a malfunction of the Site, ACCOR LUXURY & LIFESTYLE SAS will take any measures it deems useful to remedy it.
ACCOR LUXURY & LIFESTYLE SAS cannot be held liable for damages resulting from the User’s non-compliance with these Terms of Use. Similarly, ACCOR LUXURY & LIFESTYLE SAS declines all responsibility in the event of a malfunction of the Site or any damage resulting from fraudulent acts by third parties or Users.
The Establishments are operated by legal entities distinct from ACCOR LUXURY & LIFESTYLE SAS. The Establishments are linked to ACCOR LUXURY & LIFESTYLE SAS (or any legal entity of the ACCOR group) by a contract under which ACCOR LUXURY & LIFESTYLE SAS provides hotel expertise, brands, and various services, including digital services.
In particular, the Site allows Establishments to display information and content related to the services offered on a dedicated web page and to make modifications under their sole responsibility and control.
By making a reservation for meeting rooms, seminars, or events using the form available on the Site, the User enters into a service provision contract directly with the relevant Establishment.
Consequently, the User may not seek to hold ACCOR LUXURY & LIFESTYLE SAS or any company of the ACCOR group liable for failures attributable to the Establishment, particularly concerning (i) the absence of a response or the late or incorrect response from the Establishment(s) receiving the quote request, (ii) the formation and execution of contracts for the provision of services reserved by the User, (iii) or the truthfulness and accuracy of the information and content published by the Establishments on the Site.
In the case of links to websites published by third parties over which ACCOR LUXURY & LIFESTYLE SAS has no control (hereinafter the “Third-Party Sites”), ACCOR LUXURY & LIFESTYLE SAS assumes no responsibility for the content and services of Third-Party Sites or the content and services to which Third-Party Sites may link.
In this regard, it is specified that the partners of ACCOR LUXURY & LIFESTYLE SAS are responsible for promoting the offers published on Third-Party Sites. ACCOR LUXURY & LIFESTYLE SAS is not responsible for any modification or update concerning Third-Party Sites. ACCOR LUXURY & LIFESTYLE SAS is not responsible for the transmission of information from Third-Party Sites or their malfunction.
The decision to consult Third-Party Sites is therefore the sole responsibility of the User.
- DESCRIPTION OF SERVICES – USER JOURNEY
The Site allows the User to identify Establishments that offer meeting room reservation services, organization of seminars, and other events.
The Site allows the User to send a quote request and create an account through two access paths:
- Either from the hotel page of the selected Establishment
- Or from the “meetings and celebrations” page of the Site by searching for all Establishments existing in a predefined geographical area that meet the criteria of the request. The User selects in the search engine the Establishments in the defined geographical area to which they wish to send a quote request. From this list, one or more Establishments can be selected.
- Once the Establishment(s) are selected, the User is invited to fill out a form to complete their request: type of group, dates of the service, number of participants, number of rooms requested (minimum 1 room), budget, catering service, meeting rooms, or any other useful information.
- The User provides their personal information useful for creating their user account. Fields identified by an asterisk are mandatory for processing the creation of the user account.
- The User clicks on “send my request” and a confirmation of the sending of their request is displayed.
- Once the quote request is sent by the User, they may receive responses from the Establishment(s) directly by email or via their user account.
- USE OF THE ACCOUNT
Access and use of the Site’s services by Users are subject to the creation of an account to which the User can log in using an identifier and a password or a 6-digit code (received by email).
To create their account, the User must complete the requested information identified as mandatory by an asterisk. The User undertakes to provide accurate, faithful, complete, and updated information, particularly regarding their identity and contact details. Failure to fully and sincerely provide all the requested information during account creation may lead ACCOR LUXURY & LIFESTYLE SAS to refuse the creation of the account.
We recommend that Users configure their password according to the following guidelines: minimum 10 characters and at least three of the following four types: an uppercase letter, a lowercase letter, a number, a special character.
Forms containing incomplete or incorrect data will not be considered, and the User will be notified by a contextualized message. The User has the option to update or modify their data in the “My Profile” section.
Account access blocking: In case of forgetting the account password, the User has the option to redefine their password. To redefine the password, the User must select the “forgot password” link accessible on the Platforms and then enter the identifier of their account. An email is then sent to the email address provided by the User during their account creation, indicating the steps to follow to redefine the password.
- Behavior
The User acknowledges using the Site under their sole responsibility. It is up to them to protect themselves against the dangers of the internet and take the necessary measures to protect their information.
The User must use the Site responsibly. The User undertakes to (i) have the necessary capacity to use the Site, (ii) comply with the laws in force, including the laws of the countries from which they access the Site, (iii) communicate accurate, exhaustive, and up-to-date data as necessary, (iv) respect the rights, including intellectual property rights, of ACCOR LUXURY & LIFESTYLE SAS and third parties.
Furthermore, the User undertakes not to (i) use a false identity, (ii) communicate false, usurped, or incorrect contact details to ACCOR LUXURY & LIFESTYLE SAS and/or the Establishment, (iii) violate or attempt to violate the security or authentication measures of the Site, as the case may be.
Any quote request that is irregular, inoperative, incomplete, or fraudulent for a reason attributable to the User will result in the cancellation of the quote request, without prejudice to any civil or criminal action against the latter.
- Intellectual Property Copyright
ACCOR LUXURY & LIFESTYLE SAS holds the intellectual property rights necessary for the use of each of the elements, including the domain name, trademarks, logos, signs, designs, illustrations, photographs, texts, graphics, and other files appearing on the Site.
No element composing the Site may be copied, reproduced, modified, republished, uploaded, distorted, transmitted, or distributed in any manner whatsoever, on any medium whatsoever, in part or in whole, without the prior written authorization of ACCOR LUXURY & LIFESTYLE SAS, except for strict use for personal, private, and non-commercial purposes, without modification of the elements present on the Site.
Any other use not expressly authorized of the Site or its elements would constitute an infringement of ACCOR LUXURY & LIFESTYLE SAS’s rights, punishable in particular by counterfeiting sanctioned by Articles L355-2 and following of the Intellectual Property Code.
ACCOR LUXURY & LIFESTYLE SAS, or any other holder of these rights, may take any measure or action, including legal action, to stop an infringement of its rights and reserves the right to claim damages.
- Personal Data
For more information on the processing of your personal data, please consult the Site’s personal data protection charter.
- Cookies and other trackers
To learn more about the use and management of cookies and other trackers on the Site, please consult the sections dedicated to this subject in the footer of the Site or by clicking on the links below:
- Force Majeure
Force majeure refers to any event beyond the control of one of the parties, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, preventing the performance of all or part of its obligations under the contract. Events of force majeure or fortuitous events are those habitually recognized by the jurisprudence of the French Courts and Tribunals.
Each party shall not be liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the costs arising therefrom.
In particular, the liability of ACCOR LUXURY & LIFESTYLE SAS cannot be engaged in the event of force majeure as defined above, including if the force majeure affects one of its subcontractors.
- Languages
The Site is available in French, English, Italian, Spanish, Portuguese, and German. The French language being authoritative, in the event that the Site is translated into a foreign language, the French language shall prevail over any other translation in the event of a dispute, litigation, difficulty of interpretation, or execution of these conditions and more generally concerning the existing relations between the parties.
- Nullity
If one or more provisions of these Terms of Use are held invalid or declared as such by application of a law, regulation, or following a decision that has become final of a competent court, the other provisions shall retain all their force and scope.
- Evolution/modification of the terms of use
The Terms of Use apply for the entire duration of the Site’s online availability.
ACCOR LUXURY & LIFESTYLE SAS reserves the right to modify, supplement, and/or update these Terms of Use as of September 12, 2024, at any time. The new Terms of Use will come into effect from their date of publication on the Site.
It is therefore the User’s responsibility to regularly refer to the latest version of the Terms of Use, which are permanently available on the Site and are enforceable against them. Any use of the Site after modification of the Terms of Use constitutes acceptance by the User of the new Terms of Use.
- Applicable law and disputes
Both the Site and the terms and conditions of its use are governed by French law, without prejudice to any mandatory protective provisions that may apply in the User’s country of residence.
In the event of any dispute, the User and ACCOR LUXURY & LIFESTYLE SAS will first seek an amicable settlement. In the absence of an amicable agreement, the User may refer the dispute to the Tourism and Travel Mediator:
- Link to the website:
https://cloud7.eudonet.com/Specif/EUDO_03874/FormulaireDossierLitiges/index.aspx.
- Postal address: MTV Médiation Tourisme Voyage BP 80 303 – 75 823 Paris Cedex 17.
ACCOR LUXURY & LIFESTYLE SAS also informs the User of the existence of a European Online Dispute Resolution platform (“ODR”) to which they can refer. The User can access it from the following link: https://ec.europa.eu/consumers/odr/.
Any dispute shall be brought before one of the territorially competent courts under the provisions of the code of civil procedure or the consumer code.