Definitions

MERCHANT: : means the Logis Hotels Group, which offers its E-GIFT CARDS for sale on the website at the following address: https://cartecadeau.logishotels.com PARTICIPANT: means a natural person who participates financially, in whole or in part, in the purchase of an E-GIFT CARD INITIATOR: means the first PARTICIPANT in the E-GIFT CARD. PERSONAL DATA: means the list of users’ surnames, first names, postal addresses, email addresses, dates of birth, and titles. E-GIFT CARD: means a prepaid account on the MERCHANT’s website. A unique code is associated with each E-GIFT CARD. This prepaid account is domiciled in the MERCHANT’s usual bank account and constitutes an advance for the benefit of the GIFT VOUCHER holder, for any service purchased from Logis Hotels Group establishments. GIFT VOUCHER: means the electronic medium associated with the E-GIFT CARD and on which a unique code appears. RECIPIENT: means the natural person who holds the GIFT VOUCHER. WEBSITE: interface accessible from the Internet at the following address https://cartecadeau.logishotels.com which allows an Internet user to purchase an E-GIFT CARD.

1 - Scope

These terms and conditions of use govern the sale of one or more E-GIFT CARDS and their use. Use of the service implies acceptance of these terms and conditions of use. If you are a minor, you may only use the E-GIFT CARD service with the consent of your parents (or guardians). If any of the terms and conditions of these rules and regulations are found to be invalid, all of the rules and regulations and other terms and conditions shall continue to apply. The MERCHANT reserves the right to make changes to the terms and conditions of these Terms and Conditions of Use. You can read them on the WEBSITE (link in the footer). Any use of the service after modification of the Terms and Conditions of Use implies full acceptance of the updated Terms and Conditions of Use.

2 - General description of the service provided

The main function of this service is to allow for E-GIFT CARDS to be purchased online. The purchase can be made by a single person (single purchase) or by several people (joint gift purchase). The main features are listed below, but are not exhaustive:

1. For the INITIATOR, the option to select a visual for the GIFT VOUCHER from among several visuals, and to write a message visible on the GIFT VOUCHER;
2. The option for the INITIATOR to print the GIFT VOUCHER, to send it immediately or at a later date to a RECIPIENT chosen by him/her, and to invite friends and family to contribute to the E-GIFT CARD in order to increase the amount;
3. For PARTICIPANTS, the ability to credit the E-GIFT CARD via the various payment methods available, such as bank cards: debit card, Visa, MasterCard;
4. For the RECIPIENT, the possibility of using the GIFT VOUCHER to pay for any service purchased from Logis Hotels Group establishments.

The MERCHANT is entitled to refuse any online order of E-GIFT CARDS considered to be suspicious or abnormal. As part of the online fraud risk analysis, the MERCHANT reserves the right to request proof of identity from the INITIATOR. In the event that proof of identity is requested, the order will be suspended, and the INITIATOR will be informed immediately on the confirmation page after payment, as well as by e-mail. In case of refusal, the payment will be refunded within a maximum of 5 days.

3 - Personal message entered by the INITIATOR

The INITIATOR has the option of writing a personal message which will be displayed on the GIFT VOUCHER. The MERCHANT is not responsible for the texts written by the INITIATOR and cannot guarantee their veracity. By adding content or information, you give us irrevocable consent to use that content to process your order. The MERCHANT will only use any information in accordance with its privacy policy. The content added must not: (a) infringe upon the intellectual property rights of any third party; (b) violate any applicable law in France; (c) be defamatory, derogatory, insulting or threatening; and/or (d) be obscene or paedophilic. Failing this, the MERCHANT reserves the right to remove any personal content added, at its sole discretion, with or without notice.

4 - Personal Data

4.1 - Data collected by the MERCHANT, other than payment data, collection purposes, retention periods

The data collected by the MERCHANT in its role the as data controller, via its subcontractor BuyBox, is listed in the table below. It is collected for the purpose of providing you with the gift card purchase service on the basis of pre-contractual and contractual performance and to offer you optimal service in the legitimate interest of the Merchant by compiling statistics.

Purpose of the data collected:

• to provide the gift card service
• to enable gift cards to be spent throughout their validity period
• to manage gift card transaction history, after-sales service and disputes
• to assess fraud risk
• to compile anonymous statistics and improve the service

4.2 - Collection of bank payment data

Bank details are not collected by the MERCHANT but on a remote payment page, secured and managed by an authorised Payment Service Provider. The Payment Service Provider used by the MERCHANT is INGENICO PAYMENT.

The above payment service provider is the data controller of your bank payment data.

4.3 - Other ways your data is used

Unless you have actively opted for your data to be used for marketing purposes, by ticking a specific box for this purpose when you made your purchase, your data will not be used by the MERCHANT for purposes other than those defined in article 4.1 above.

4.4 - Right to oblivion, right to rectify data and right to object to processing

The data collected by the Merchant are not transferred outside the EU; they are stored and processed exclusively within the European Union.

4.5 Right to be forgotten, right to correct data and right to object to processing

In accordance with data protection regulations, you have the right to limit processing at any time and a right to object to such processing.

You also have the right to access, rectify and delete your personal data and the right to data portability.

You can exercise all these rights by simply sending your request via the contact link at the bottom of the page. To process this request, you may be asked to provide a signed identity document to verify that the request actually comes from the person concerned.

You also have the option of lodging an appeal with the competent supervisory authority (CNIL).

For your information, the MERCHANT has appointed a DPO.

5 - Participation in an E-GIFT CARD

The INITIATOR can ask friends and family to contribute to an E-GIFT CARD that has not yet been finalised, i.e. when the GIFT VOUCHER has not yet been issued. To do this, the INITIATOR has a link that he/she can share with friends and family via his/her own email or any other personal means of his/her choice. The INITIATOR is responsible for distributing this link and is solely responsible for it. Any visitor accessing the E-GIFT CARD contribution page via the shared link is deemed to have done so at the express request of the INITIATOR. Any visitor who reaches the contribution page via the shared link has the right to participate in the E-GIFT CARD by making a financial contribution using the available payment methods. When the visitor accesses the E-GIFT CARD contribution page, the name of the INITIATOR as well as that of the RECIPIENT are clearly displayed. Each PARTICIPANT is deemed to know the INITIATOR and the RECIPIENT. Before contributing to an E-GIFT CARD, it is the visitor’s responsibility to ensure the authenticity of the INITIATOR’s request. In case of doubt, the visitor is responsible for checking directly with the INITIATOR. The MERCHANT cannot be held responsible for any error made by one or more PARTICIPANTS.

6 - Issuance and sending of the E-GIFT CARD

Once the E-GIFT CARD has been finalised, it is issued in the form of a GIFT VOUCHER and sent by email to the INITIATOR. If the INITIATOR has chosen the ‘send by email’ option, the RECIPIENT will also receive the GIFT VOUCHER at the email address provided by the INITIATOR. If the INITIATOR has chosen the ‘hand delivery’ option, he/she may print the GIFT VOUCHER and hand it to the RECIPIENT.

The GIFT VOUCHER might not be received in the following cases (list not exhaustive):

1. The email spam filter has blocked the attachment or redirected the message to the ‘SPAM’ or ‘junk mail’ folder.
2. The firewall has blocked the message or attachment.
3. The receiving mailbox has reached its size limit.
4. The email address is invalid

In this case, the MERCHANT cannot be held responsible.

7 - Transfer of the E-GIFT CARD to a RECIPIENT

When an E-GIFT CARD is purchased, ownership is transferred from the MERCHANT to the INITIATOR at the time the GIFT VOUCHER is issued. The INITIATOR is entirely responsible for the transfer and transmission of the GIFT VOUCHER to a RECIPIENT, a third party of his/her choice, including when the INITIATOR selects the ‘send to a recipient by email’ option. Use of the E-GIFT CARD as a means of payment is based on the use of a code printed on the GIFT VOUCHER. The INITIATOR must keep the code and the GIFT VOUCHER secret. The MERCHANT shall not be liable for any error by the RECIPIENT, loss of the medium with its code, or fraudulent use of the code. Additionally, as soon as the INITIATOR transfers the E-GIFT CARD to a RECIPIENT, the RECIPIENT is deemed to have accepted by operation of law the transfer and the terms and conditions of use of the E-GIFT CARD which are specified on the medium.

8 - Period of validity of the E-GIFT CARD

The E-GIFT CARD is valid for 2 years from the date of issue. After this period, expired E-GIFT CARDS are closed, and the unused balance is lost. The expiry date is shown on the GIFT VOUCHER.

9 - Use of the E-GIFT CARD by a RECIPIENT

Use of the E-GIFT CARD as a means of payment is based on the use of a code printed on the corresponding GIFT VOUCHER. The RECIPIENT undertakes to take all appropriate measures to ensure the security and confidentiality of this code. The MERCHANT shall not be liable in the event of loss of the medium with its code, or fraudulent use of the code. In the event of loss of the electronic medium of the GIFT VOUCHER, the RECIPIENT must contact the INITIATOR to obtain a new electronic copy. If the INITIATOR has lost the electronic medium (e.g. by deleting the e-mail containing the GIFT VOUCHER), the INITIATOR can receive an electronic copy by making a request via the contact link in the footer of the WEBSITE. In this case, the electronic copy will be resent to the INITIATOR’s e-mail address that was originally used for the purchase. Under no circumstances is it possible for the GIFT VOUCHER to be re-issued, i.e. a new code.

The General Terms and Conditions of Sale defined by the MERCHANT and the associated guarantees shall apply, by operation of law, to purchases made using the balance available on the E-GIFT CARD.

Terms and conditions of use of the E-GIFT CARD

1. The E-GIFT CARD is valid for 2 years from its date of issue.
2. The E-GIFT CARD can be used in all Logis Hotels Group establishments in France and Europe.
3. If the balance of the E-GIFT CARD is insufficient to cover the purchase of a service, the RECIPIENT will be asked to make an additional payment before the transaction is finalised.
4. The E-GIFT CARD can be used in several instalments. If, after the purchase of a service, there is a balance remaining on the E-GIFT CARD, this balance is valid for any other subsequent purchase, within the limit of the validity date of the E-GIFT CARD indicated on the medium.
5. The E-GIFT CARD cannot be used to purchase gift cards.
6. Several E-GIFT CARDS may be accepted when purchasing services in a Logis Hotels Group establishment.

10 - Cancellation and full refund of an E-GIFT CARD

GIFT VOUCHERS may under no circumstances, in whole or in part, be resold, transferred for consideration and/or exchanged for cash.

In accordance with the provisions of article L. 221-18 of the French Consumer Code, the INITIATOR has a period of fourteen (14) days from receipt of the E-CARD, if it has not been spent, even partially, to notify the MERCHANT of his/her wish to exercise his/her right of withdrawal, via the support and contact form available at the following address:
https://www.logishotels.com/fr/footer/nous-contacter

11 - Violation of these rules - suspension of service

The MERCHANT reserves the right to refuse to provide services for one or more of the following reasons:

1. violation of these GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE E-GIFT CARD SERVICE,
2. actions of the Internet user that may cause any harm whatsoever to the MERCHANT or to a third party or,
3. Modifications in progress to the WEBSITE that render it temporarily unusable. It is understood that the MERCHANT will make every effort to make the WEBSITE usable again as soon as possible.

12 - Prices

The amounts of the E-GIFT CARDS available for purchase are displayed on the WEBSITE. Each participation is fully allocated to the balance of the E-GIFT CARD, without any additional cost.

13 - Limit of liability

The MERCHANT cannot guarantee the uninterrupted operation of the Service and cannot be held responsible for any unavailability, suspension or malfunction of the Service, in particular during its maintenance or update or in the event of a problem due to the Internet network. The MERCHANT implements state-of-the-art means to avoid any fraudulent modification of E-GIFT CARDS. However, users acknowledge that the MERCHANT shall not be held responsible, except in the case of proven gross negligence, for damage resulting from:

1. fraudulent intrusions or alterations to the service by unauthorised third parties,
2. abnormally long response times or slow operation of the service;
3. loss, damage or accidental destruction of the data comprising the E-GIFT CARD or electronic messages exchanged between Users and the MERCHANT, including the possible costs of recovery, reproduction or repair of these data or messages.

The MERCHANT may only be held liable if proof is provided of a culpable breach of its obligations as set out herein. In any case, the MERCHANT shall not be liable for any indirect damage suffered by the user or by a third party attributable to the user, including, but not limited to, financial loss and/or loss of revenue and/or loss of profit and/or loss of expected profit and/or loss of opportunity and/or damage to image. Any information or advice provided by the MERCHANT shall not be construed as a warranty of any kind.

14 - Support - contact

Support and a contact form are available via a link in the footer of the WEBSITE at the following address:
>https://www.logishotels.com/fr/footer/nous-contacter

15 - Applicable jurisdiction

These GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE E-GIFT CARD SERVICE and the contractual relationship between the MERCHANT and the INITIATOR and, where applicable, the PARTICIPANT(S) are governed by French law. Any dispute arising from the application or interpretation of the GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE E-GIFT CARD SERVICE shall, in the absence of an amicable settlement, be subject to the jurisdiction of the French courts.