A. LEGAL NOTICE

The “https://www.welcomepax.com” website and the welcomePAX mobile and tablet applications are operated by:

welcomePAX SAS Simplified joint-stock company with a capital of 10.000,00 euros. Registered office: 49 Avenue Rosa PARKS,  69009, Lyon RCS LYON 879 276 640 VAT ID: FR01879276640

Publication Director: Mr. Loïc MARTIN  Email: contact@welcomepax.fr

The website https://www.welcomepax.com is hosted by:

HOSTINGER operations, UAB

Švitrigailos str. 34, Vilnius 03230 Lithuania

https://www.hostinger.com/

 

The site uses Twemoji on its platform.

Twemoji is an open-source emoji project provided by Twitter, Inc. and is subject to the Creative Commons Attribution 4.0 International License (CC BY 4.0).

B. TERMS OF USE

These terms of use, along with the privacy and cookie statement, constitute your agreement with welcomePAX. If you are a restaurant owner accepting reservations through the welcomePAX website, these provisions also apply to you in addition to the general and specific sales conditions you accepted upon registration. Please read them carefully; these provisions are binding once you use the welcomePAX website.

If you do not agree with all or part of these terms of use, it is strongly recommended that you do not use the welcomePAX website.

SECTION 1: GENERAL TERMS OF USE


Definitions

“welcomePAX”: refers to the company welcomePAX SAS.

“welcomePAX Site”: refers to all websites and mobile applications accessible at the address “https://www.welcomepax.com,” including welcomePAX mobile and tablet applications.

“User”: refers to any natural person over 18 years of age, capable of entering into contracts, visiting the welcomePAX Site, and/or holding an account on the welcomePAX Site.

“Terms of Use”: refers to all of these general terms of use and specific terms of use.

“Restaurant Content”: refers to the restaurant listing elements provided to welcomePAX by the restaurant owner or authorized by the restaurant owner to be uploaded to the welcomePAX Site, including dish and beverage prices, menus prices,  restaurant availability, calendar, restaurant themes, and restaurant photos.

“User Content”: refers to all elements provided by the User on the welcomePAX Site, including text, document, image, photo, review, or right of reply.

1.Description of the welcomePAX Site

The use of the welcomePAX Site is subject to limitations of liability on the part of welcomePAX. Please refer to Article 8, “Limitation of Liability,” for details.

1.1 Connection Platform

The welcomePAX Site is a platform that facilitates the connection of the User with the restaurants listed on the welcomePAX Site. In this capacity, welcomePAX acts solely as an intermediary in the reservation of these restaurants by the User.

1.2 Real-time Restaurant Tables

Search and Reservation The welcomePAX Site allows the User to search and reserve a restaurant tables in real-time.

The welcomePAX Site also enables the User to cancel their reservation in case of unforeseen circumstances. Please read our modification and cancellation policy for more details.

1.3 Promotional Offers by Restaurants Listed on welcomePAX

The welcomePAX Site allows the User, if and only if they make a reservation through the welcomePAX Site, to take advantage of promotional offers provided by the restaurants listed on the welcomePAX Site. Not all restaurants offer promotional offers. The validity conditions for these promotional offers are explained on the welcomePAX Site. The User must verify the validity conditions of a promotional offer before making a reservation on the welcomePAX Site and cannot, under any circumstances, claim the benefit of a promotional offer from the restaurant outside of the specified validity conditions as explained on the welcomePAX Site, and/or outside of the reservation procedure with the promotional offer.

Among these validity conditions, the User and all their guests must arrive at the reserved restaurant at the reservation time. The User is informed that if their guests do not arrive at the restaurant within 15 minutes of the reservation time, the restaurant may not apply the promotional offer to the User and their guests. For clarity, this means that if the  guests are more than 15 minutes late, the entire group of their guests will lose the automatic benefit of the promotional offer, and the restaurant alone can decide whether or not to apply the promotional offer to all or some of the guests.

2.Service Fees

welcomePAX charges the customer making a restaurant reservation for their group a service fee representing 1% of the total reservation amount.

Additional fees may potentially be applied, especially based on the evolution of services offered, network changes, technological advancements, and/or legal requirements. The User will be duly informed of such changes through modifications to these Terms of Use and/or by the inclusion of specific conditions related to paid services on the welcomePAX Site.

3.Third-Party Services and Sites

3.1 Services Provided by Third Parties

The User acknowledges that the welcomePAX Site may link to paid services. In particular, any reservation made on the welcomePAX Site is linked to a dining service provided by a third-party restaurant that will incur charges.

The User is informed that any pricing or price range related to a third-party service provider displayed on the welcomePAX Site is provided for informational purposes and convenience only. In no case does welcomePAX guarantee the accuracy of such information.

3.2 Links to Third-Party Sites

The welcomePAX Site may contain links to sites operated by third parties. These hyperlinks are provided for informational purposes only. welcomePAX does not control these sites and is not responsible for their content or their adherence to privacy or other practices. The presence of links to these sites does not constitute an endorsement of the elements on these sites or any association with the operators of these sites. It is the User’s responsibility to conduct any necessary or appropriate verifications before using these sites and/or engaging in any transactions with them.

4.Access and Use of the welcomePAX Site

4.1 Eligibility Conditions

The use of the WelcomePAX Site is subject to the following cumulative eligibility conditions: as a User (i) you are at least 18 years of age; (ii) you have the legal capacity required to be bound by legal obligations; (iii) the reservations you make on the welcomePAX Site, for any group for whom you are legally authorized to act, will be legitimate, and (iv) you are a registred travel profesionnal.

4.2 Access to the welcomePAX Site

welcomePAX reserves the right to suspend, delete, or modify all or part of the welcomePAX Site or the services offered on the welcomePAX Site without notice. Furthermore, welcomePAX reserves the right to suspend access to the welcomePAX Site, to all or part of the Users, for maintenance, in case of an emergency (cyberattack, etc.), or for any other reason, at any time.

4.3 Account Opening Conditions

By opening an account, the User expressly and without reservation accepts the terms of these Terms of Use.

The User undertakes to provide accurate, up-to-date, and true information, especially regarding their title, name, first name(s), email address,  phone number, and company name, necessary for proper identification and for the opening and maintenance of their account.

4.4 Account Identifiers Confidentiality

When creating their account, the User chooses an ID and a password (hereinafter “credentials”) that allow them to access their account.

The credentials are personal and confidential. They can only be changed upon the User’s request or at the initiative of welcomePAX.

The User is solely and entirely responsible for the use of their account and/or the credentials related to it. The User undertakes to make every effort to keep their credentials secret and not to disclose them to anyone in any form.

In case of loss or theft of any of the User’s credentials, the User is responsible for any harmful consequences of this loss or theft and must use the procedure to change them as soon as possible, which can be found by the User in the “Account details” section of the User’s account.

4.5 Account Closure

The User has the option to close their account at any time. To do so, they must send their account closure request by email to: contact@welcomepax.com.

welcomePAX will strive to process any account closure request within a reasonable timeframe.

The User is informed that, upon the closure of their account, they will no longer be able to benefit from the services offered by welcomePAX, their ongoing reservations will be canceled, and any accumulated Paxies will be removed.

4.6 User Obligations – Prohibited Actions

The User agrees to use the welcomePAX Site in accordance with these Terms of Use and applicable law. Specifically, the User agrees not to perform the prohibited actions listed below:

Failing to show up at the restaurant without canceling the reservation in advance (no-show) constitutes a prohibited action.

The content and data on the welcomePAX Site (including, but not limited to, prices, messages, data, information, text, music, sounds, photos, graphics, videos, maps, icons, software, code, or any other element), as well as the infrastructure used to provide this content and information, are the property of welcomePAX. The User agrees not to modify, copy, distribute, transmit, display, make available, reproduce, publish, license, create derivative works, transfer, or sell or resell any information, software, product, or service obtained from or through the welcomePAX Site.

It is strictly prohibited to copy, transmit, reproduce, re-edit, redistribute, or send the content of the welcomePAX Site, in whole or in part, without the prior written authorization of welcomePAX. To obtain this authorization, contact welcomePAX at the following address:

welcomePAX SAS

49 Avenue Rosa PARKS 69009, Lyon

Furthermore, the User agrees not to:

Use the welcomePAX Site or its content for illegal, illegitimate, or fraudulent purposes; Submit inaccurate, illegal, and particularly privacy-infringing, offensive, indecent, threatening, inciting hate or violence, or unauthorized intellectual property rights Content User or Restaurant Content and without the express permission of the rights holder; Use, monitor, extract, or copy the architecture, content, or data of the welcomePAX Site or User actions on the welcomePAX Site using a robot, spider, scraper, spyware, keylogger, or any other automatic program or manual process, for any purpose whatsoever; Violate the robot exclusion files on the welcomePAX Site or circumvent measures to prevent or limit access to the welcomePAX Site; Take actions that impose, or could impose an unreasonable or excessive burden on the infrastructure of the welcomePAX Site; Establish an invisible link to the welcomePAX Site for any reason; “Frame,” “mirror,” or incorporate any part of the welcomePAX Site into another site; and Attempt to modify, translate, adapt, revise, decompile, disassemble, reverse engineer any software program used by welcomePAX in connection with the welcomePAX Site or its services.

4.7 Sanction for Breach of Contract

4.7.1 Suspension or Permanent Termination of the welcomePAX Site or Services

In the event of the User’s non-performance or partial non-compliance with any of the obligations or provisions in these Terms of Use, or in the event of the User performing one or more prohibited actions as outlined in these Terms of Use, or for any other reasonable cause, welcomePAX may modify, suspend, limit, or delete access to all or part of the welcomePAX Site or service, including disabling the User’s account, without notice, and without the User being entitled to any compensation, and without prejudice to any other damages that welcomePAX may claim in court.

4.7.2 Damages

Without prejudice to the sanctions imposed by welcomePAX under Article 4.7.1,welcomePAX will also be entitled to claim damages to compensate for the harm suffered.

5.Reviews and User Content

The User must follow the following rules to publish any User Content, especially reviews on the site, regarding a restaurant listed on the welcomePAX Site.

5.1 Review Publication Conditions

To publish a review, the User must have an account on the welcomePAX Site that identifies them, or they must have been invited to leave a review through an email sent by welcomePAX and have made a reservation or have been invited to a restaurant through the welcomePAX Site, while honoring the reservation at that restaurant. The review must contain more than 200 characters and exclusively relate to the restaurant the User’s group visited. Any review mentioning another restaurant may be rejected by welcomePAX.

5.2 Reasons for Rejection of User Content

The User is informed that their User Content may be rejected for the following reasons:

If the “Review Publication Conditions” outlined above are not adhered to by the User; If welcomePAX believes its civil or criminal liability could be engaged; If the textual User Content or elements related to the author’s identity contain insults or vulgarities; If the textual User Content includes random characters or strings of words with no meaning; If the User Content is unrelated to the reviewed restaurant; If the User Content is or is suspected to be a counterfeit; If the review raises or if welcomePAX believes the review contains elements of conflicts of interest or fraud; If the textual User Content is so poorly written as to be unintelligible; If a User makes inappropriate comments about other User Content or its author; If the User Content contains personal information or elements that could lead to identity theft, such as the name or first name of individuals who are not public figures, a phone number, a specific physical address, or an email address; If the User Content mentions websites, hyperlinks, URLs, email addresses, or phone numbers; or If the User Content is clearly spam. In the event of the identification of a User who has submitted a fraudulent review, or if welcomePAX believes the review to be fraudulent, and after applying procedures related to the rejection or removal of reviews, welcomePAX may deactivate the account of the User concerned (resulting in the cancellation of ongoing reservations and the removal of any accumulated Paxies), and remove all reviews related to that User.

5.3 Review Moderation

welcomePAX is not obliged to moderate or delete reviews. welcomePAX moderates reviews as a best-effort obligation, with the aim of ensuring compliance with these Terms of Use before publishing, rejecting, or removing a review. Each review is subject to prior moderation, by automatic filters, and, in the case of a specific report, by human moderation. The moderation period is a maximum of 2 weeks. The User can request the moderation of a review already published at the address contact@welcomepax.com, specifying the reasons for the moderation request.

A User who has posted a review can request the removal of that review post-facto at the address contact@welcomepax.com. If welcomePAX becomes aware of a restaurant’s closure or change of ownership, reviews related to it will be deleted. The User is informed that they may be contacted by welcomePAX for the purpose of verifying the authenticity of their review, by email and/or phone. The User is informed that their review may be transmitted to welcomePAX’s partner sites and published on those partner sites. To facilitate the reading of reviews by welcomePAX Site Users, the User authorizes welcomePAX to publish the following elements alongside the posted review: registration date on the site, number of reviews posted, first name and first letter of the last name, status, and date of the meal. In accordance with the ‘Information Technology and Freedom’ law of January 6, 1978 as amended, the User has the right to access, modify, rectify, and delete data about themselves, as well as the right to object for legitimate reasons. The User can exercise these rights by emailing contact@welcomepax.com.

5.4 Right to Reply

Each Restaurant Owner has a right to reply, notably to:

Provide their version of the facts; Thank the consumer for their contribution; and/or Indicate any changes that have occurred in the restaurant since the review was written. The right to reply must be exercised within 3 months of the review’s publication through “welcomePAX restaurants account”, or by writing to the email address contact@welcomepax.com, if applicable. The request to exercise the right to reply by email must include the following information:

References of the review; Identification of its author; Mention of the contested passages; Content of the requested reply (the reply cannot be longer than the User’s review to which it responds). The reply must comply with the provisions of these Terms of Use and will be moderated in the same way as User reviews and published, if applicable, following the review to which it responds.

5.5 Restaurant Ratings

Each User who has reserved a restaurant through the welcomePAX Site and honored their reservation in that restaurant is invited to provide a rating corresponding to their dining experience.

The User is informed that the rating displayed on the welcomePAX Site next to each restaurant corresponds to their Google reviews. The welcomePAX reviews appears under each restaurant page.

5.6 Use of User Content

The User agrees that by publishing User Content on the welcomePAX Site, they automatically grant welcomePAX an irrevocable, permanent, non-exclusive, unpaid permission to use, copy, display, adapt, modify, translate, distribute, have distributed, promote, incorporate into advertisements or other materials, create derivative works, enhance, distribute the User Content worldwide, and allow third parties to do the same, on any online or offline media. Furthermore, by publishing User Content on the welcomePAX Site, the User automatically grants welcomePAX all the necessary rights to prevent any further display, aggregation, copying, or exploitation of the User Content by a third party for any purpose. The User shall not exercise their moral rights over the User Content in a manner inconsistent with the permissions granted above. The User represents and warrants that they are entitled to grant the permissions granted above.

6.Privacy

welcomePAX has implemented a Privacy and Cookie Statement to best protect Users’ personal data. Click here to view our currently effective Privacy and Cookie Statement, which also applies to the use of the welcomePAX Site.

7.Intellectual Property

7.1 Compliance with National and International Intellectual Property Rights

The User agrees not to submit, copy, resell, re-edit, or, in general, make available in any form any content, data, information, or element received from welcomePAX or available on the welcomePAX Site to any other natural or legal person, from any country. The User agrees to comply with the intellectual property provisions below.

7.2 Ownership of Rights

All intellectual property rights, both economic and moral, related to the content and information elements of the welcomePAX Site, belong exclusively to welcomePAX, subject to any economic rights that may belong to a third party for which welcomePAX has obtained the necessary rights or authorizations.

The rights granted to the User for the use of the welcomePAX Site and the services provided by welcomePAX do not involve any assignment or authorization to exploit or use any of the elements of the welcomePAX Site.

7.3 Protection of All Elements: Trademarks, designs, logos, hyperlinks, information, etc.

All elements (trademarks, designs, texts, hyperlinks, logos, images, videos, sound elements, software, layout, databases, codes, etc.) contained on the welcomePAX Site and associated sites are protected by national and international intellectual property law. These elements remain the exclusive property of welcomePAX and/or its partners or licensors.

7.4 Unauthorized Use

Therefore, without prior written authorization from welcomePAX and/or its partners, the User may not carry out any reproduction, representation, re-editing, redistribution, adaptation, translation, total or partial transformation, or transfer to another medium of any element that is part of or present on the welcomePAX Site.

7.5 Penalties

The User acknowledges and understands that failure to comply with the provisions of this Article 7 constitutes an act of infringement that is subject to civil and criminal penalties.

8.Liability Limitations

8.1 Disclaimer

It is the User’s responsibility to perform any necessary or appropriate verifications before making any reservations at any of the restaurants listed on the welcomePAX Site.

welcomePAX does not in any way guarantee the Restaurant Content or the services and/or business practices of third parties present on the welcomePAX Site. In this sense, welcomePAX does not guarantee that the User will be satisfied with the products, services, and/or business practices obtained through a reservation via the welcomePAX Site.

welcomePAX does not guarantee in any way the accuracy, objectivity, or correctness of User Content, including the reviews posted on the welcomePAX Site.

8.2 Modification of the WelcomePAX Site

All information contained on the WelcomePAX Site may be modified at any time, given the interactive nature of the welcomePAX Site, without this engaging welcomePAX’s liability.

8.3 Use of the WelcomePAX Site

Due to the specific nature of the Internet, welcomePAX does not provide any guarantee of access to the welcomePAX Site or the continuity of the service and is only bound by an obligation of means in this regard.

welcomePAX disclaims any liability in case of difficulty accessing the welcomePAX Site or for any damage or loss related to the use or inability to use the welcomePAX Site or its content, except as provided by law.

welcomePAX does not guarantee that the presented information is detailed, complete, verified, or accurate. Restaurant Content, information, descriptive listings, and, in general, all content on the welcomePAX Site are provided “as is” without any express or implied warranty of any kind.

The User expressly acknowledges that the photos on the welcomePAX Site are not contractual.

In general, the User accepts and acknowledges that restaurant reservations are not guaranteed. In this sense, welcomePAX does not guarantee the effectiveness of the reservation service. Availability is checked in real-time electronically. However, as welcomePAX cannot physically verify the accuracy of the information collected and/or provided by the restaurants, the User agrees that welcomePAX’s responsibility cannot be engaged if the User fails to benefit from the restaurant’s services. For example, without limitation, the User acknowledges and accepts that welcomePAX’s responsibility will not be sought in case of reservation cancellation, restaurant closure for any reason, or refusal of service for any reason.

Likewise, the User accepts that welcomePAX’s responsibility cannot be engaged if the User fails to benefit from promotions or special offers provided by the restaurant. The User acknowledges and accepts that welcomePAX’s responsibility will not be sought in case the restaurant does not honor a promotion or special offer for any reason.

8.4 User Warranties

The User declares that they are perfectly aware of the characteristics and constraints of the Internet. The User acknowledges in particular that it is impossible to guarantee that the data transmitted by the User via the Internet will be completely secure. welcomePAX cannot be held responsible for any incidents that may result from this transmission.

The User agrees to indemnify welcomePAX for the costs that welcomePAX may incur as a result of any claims or disputes, whether judicial or extrajudicial, related to the use of welcomePAX’s services, including the submission of User Content on the welcomePAX Site, and guarantees welcomePAX against any condemnation in this regard.

In any case, the User expressly acknowledges and agrees to use the welcomePAX Site at their own risk and under their exclusive responsibility.

8.5 Notification and Removal of Unlawful Content

welcomePAX informs all Users that they may notify a complaint or objection regarding elements or content on the welcomePAX Site.

If the User believes that elements or content on the welcomePAX Site are illegal and/or infringe on copyright or other rights they hold, the User must send a notification to welcomePAX by Registered Letter with Acknowledgment of Receipt addressed to the ‘Legal Department’ or by email to contact@welcomepax.com with the subject line “Attention: Legal Department” and including all the justifying elements of their rights, if applicable. Once this procedure is followed and after verifying the accuracy of the notification, welcomePAX will make reasonable efforts to remove the illegal content.

welcomePAX acts as an intermediary in providing its services to the User. In this regard, in accordance with Article 6 I.3 of the Law on Confidence in the Digital Economy (LCEN) of June 21, 2004, as amended, welcomePAX cannot be held criminally liable for information stored on the welcomePAX Site if it did not actually have knowledge of illegal activity or information (including User Content and Restaurant Content) or if, from the moment it became aware, it promptly acted to remove this information or make access to it impossible.

9.Miscellaneous Provisions

9.1 Partial Nullity – Severability – Headings

In the event that a provision of these terms and conditions is null, illegal, unenforceable, or inapplicable in any way, the validity, legality, enforceability, or application of the other provisions of these Terms of Use will not be affected or impaired in any way. These other provisions shall remain in force and full effect.

welcomePAX may, if necessary, draft a new clause to re-establish the common intention of the Parties as expressed in the initial clause, in compliance with the applicable law governing these Terms of Use.

The headings of the articles in this document are for reference purposes only and should not be considered as an integral part of these Terms of Use.

9.2 No Waiver

Unless otherwise stipulated in these Terms of Use, no tolerance, inaction, abstention, or omission, and no delay by welcomePAX in asserting any of its rights under the terms of these Terms will impair that right, nor shall it imply a waiver of that right in the future. On the contrary, the right will remain in full force.

9.3 Applicable Law

These Terms of Use and the relationships between welcomePAX and the User are subject to French law. 

9.4 Jurisdiction

Any dispute and/or difficulty of interpretation or execution of these Terms of Use will fall under the jurisdiction of the competent courts in the city of Lyon.

In accordance with European Directive 2013/11/EU of May 21, 2013 on alternative dispute resolution for consumer disputes, please find below the link to the European Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

TITLE 2. SPECIAL TERMS OF USE FOR THE LOYALTY PROGRAM

These Special Terms of Use for the Loyalty Program complement Section 1: General Terms of Use. In case of any contradiction between the provisions of this Title 2: Special Terms of Use for the Loyalty Program and those of Section 1: General Terms of Use, the provisions of this Section 2: Special Terms of Use for the Loyalty Program shall prevail.

1.Loyalty Program Description

The loyalty program allows Users to accumulate loyalty points (hereinafter referred to as “Paxies”) following a duly honored reservation on the welcomePAX website (hereinafter referred to as the “Loyalty Program”).

2.Participation in the Loyalty Program

Any User with an account on the welcomePAX website is eligible for the Loyalty Program.

Participation in the Loyalty Program is free and automatic.

3.Earning Paxies

3.1 General Conditions for Earning Paxies

The Loyalty Program allows Users to accumulate Paxies following a duly honored reservation on the welcomePAX website, regardless of the restaurant booked on the welcomePAX website and whether the reservation was made with or without a promotional offer.

When a reservation is made on the welcomePAX website and honored, the User earns a pre-defined number of Paxies (which may vary, especially depending on the booking platform: website, mobile, or application) seven days after the meal date, regardless of the number of diners associated with the reservation and the country where the reservation was made.

It is clarified that in case the reservation was made with a Loyalty Discount (as defined in Article 4.1 below) or was canceled by the User, or if the User did not show up at the restaurant for that reservation (no-show), the User will not earn any Paxies.

The total number of Paxies earned by the User is stored and can be viewed by the User in the “My Loyalty Space” section of the User’s account.

3.2 Special Conditions for Earning Paxies

3.2.1 Special Operations with Loyalty Code

welcomePAX conducts limited-time special operations during which the User can earn more Paxies than usual (hereinafter the “Special Operation”).

During each Special Operation, the User receives an email specifying the conditions for earning Paxies. Among these conditions, there is an obligation to enter a loyalty code when making the next reservation on the welcomePAX website (hereinafter the “Loyalty Code”).

The number of Paxies earned through the Special Operation is stored and can be viewed by the User in the “My Loyalty Space” section of the User’s account.

From the date of issuance, the Loyalty Code is valid only for the duration of the Special Operation. The Loyalty Code has no monetary value and may not be lent, assigned, or sold to anyone or used for purposes other than those defined by welcomePAX in these Special Terms of Use for the Loyalty Program.

3.2.2 Referral with Referral Code

welcomePAX has implemented a referral program that allows both the referrer and the referee (a competitor, client, colleague, or any other person similarly known to the referrer) to earn more Paxies than usual during the referee’s first reservation on the welcomePAX website, thanks to the referral code provided by the referee during this reservation (hereinafter the “Referral Code”).

Any User with an account on the welcomePAX website can be a referrer.

Any travel professional who has not made a reservation on the welcomePAX website within the two years preceding the use of the Referral Code can be a referee.

A referrer can have multiple referees. A referee can have only one referrer. The referrer cannot refer themselves.

To obtain their Referral Code, the referrer goes to the “My Referral Space” section of their welcomePAX account.

The sum of the Paxies earned through the referral is indicated in the “My Referral Space” and “My Loyalty Space” sections of the User’s welcomePAX account.

From the date of issuance, and subject to other provisions herein, the Referral Code is valid only for the duration of the referral program.

The Referral Code: a) must be used legally by the intended public for the intended purposes; b) has no monetary value and may not be lent, assigned (except as permitted herein), sold to anyone, or made available to the general public (whether posted on a public forum, a coupon website, or otherwise); d) may be invalidated by welcomePAX at any time without reason or notice and without compensation; and e) may only be used in compliance with these Special Terms of Use for the Loyalty Program.

4.Use of Paxies

4.1 Conversion into Loyalty Discount

Once earned, Paxies can be converted into a price reduction on the bill of a restaurant after making a reservation on the welcomePAX website (hereinafter the “Loyalty Discount”).

The scale of Paxies convertible into Loyalty Discount is available in the “My Loyalty Space” section of the User’s account.

In case of a promotional offer that can be combined with the Loyalty Discount, welcomePAX will apply the promotional offer before deducting the Loyalty Discount.

Paxies earned by the User are convertible into a Loyalty Discount during their validity period, as indicated on the Loyalty Program page of the welcomePAX website. The expiration date of Paxies can be checked in the “My Loyalty Space” section of the User’s account.

Paxies are strictly personal, have no monetary value, and may not be lent, assigned, sold to anyone, or used for purposes other than those defined by welcomePAX in these Special Terms of Use for the Loyalty Program.

4.2 Cancellation / No-show

If the User has made a reservation with a Loyalty Discount and cancels the reservation or if the restaurant cancels the reservation, the Paxies used for the Loyalty Discount conversion during the reservation will be credited back to the User’s account and can be used for a new reservation.

If the User does not show up at the restaurant (no-show), the Loyalty Discount and the converted Paxies will be lost and will not be credited back to the User’s account.

5.Withdrawal of Paxies

welcomePAX reserves the right not to award or to remove Paxies earned through the use of a Loyalty Code or Referral Code by any User in case welcomePAX deems or believes that the use of the Loyalty Code or Referral Code was done fraudulently, illegally, incorrectly, or contrary to the conditions applicable to the Special Operation or these Special Terms of Use for the Loyalty Program.

Furthermore, any breach of these Special Terms of Use by the User (including not honoring multiple reservations), any abusive or fraudulent use of the welcomePAX website and/or Paxies, or any behavior detrimental to the interests of welcomePAX may result in the automatic deactivation of the User’s account and/or the immediate deletion of all or part of the Paxies stored in the loyalty section of the User’s welcomePAX account, without notice or compensation.

6.Modification/Suspension/Termination of the Loyalty Program

welcomePAX reserves the right to modify, suspend, or delete the Loyalty Program at any time without any liability. In this case, welcomePAX will inform Users by email and/or by displaying the information on the welcomePAX website, indicating the new terms of the Loyalty Program and/or the conditions for the program’s termination.

7.Limitation of Liability

Within the framework of the Loyalty Program, the liability of welcomePAX is limited to a best-effort obligation and is limited to the awarding of Paxies to Users. Therefore, welcomePAX’s liability cannot be invoked for any claim regarding Paxies after they have been duly awarded to the User. In particular, welcomePAX’s liability cannot be invoked after Paxies have been converted into a Loyalty Discount by the User.

In any case, welcomePAX disclaims all liability within the Loyalty Program in case of a contractual breach and/or User fault.

C. PRIVACY AND COOKIES STATEMENT

 We understand that sharing your personal information with us is based on trust. We take this matter seriously and are committed to respecting your privacy when you visit our website or use our services. Please carefully review the following Statement to learn more about our privacy practices.

We operate an online service that allows users (“you,” “your”) to select and book a table for your groups in a restaurant, and in some cases, even pay for their meal. In this Statement, the above-mentioned options are collectively referred to as our Services.

Our Services are owned and operated by welcomePAX SAS, acting as the data controller and owner. By accessing our websites and related applications, whether on a computer, phone, tablet, or similar device (collectively referred to as a “Device”), you agree to the practices described below.

Data Collection

When you access or use our Services, we collect data about you to provide a more personalized and relevant experience. Some data is collected automatically, while other data comes from various sources, including affiliated entities, business partners, and other independent third-party sources. When you use our Services by clicking on a link from a third-party site or when you visit third-party sites through our Services, these third-party sites may share data about your use of their service with us. The collected data may include the following:

  • Contact details, including your name, phone number, and postal and email addresses
  • Billing or payment information (such as your credit card number, cardholder’s name, expiration date, authentication code, and billing address), collected through our trusted payment service provider
  • Username and password
  • Photos, reviews, and social media posts that you may have provided to us
  • Geolocation data
  • Device-related information, such as the time you accessed our Services and information about the Device used (e.g., IP address, software or web browser used, preferred languages, unique device identifiers, and advertising identifiers)
  • Online activity, including pages viewed, content and applications accessed
  • History of restaurant reservations Information about your restaurant bookings and preferences
  • If provided by you, we may also collect information about your clients, including their email address and other information provided during reservations, such as their first and last names. When sharing information about other individuals with us, you must obtain their consent. You are responsible for obtaining consent from any other individuals about whom you provide us with information.

In addition to the aforementioned categories, we may also collect certain information about your location if your Device is configured to provide this information through its privacy settings or, for example, if you have uploaded photos containing geolocation information. We may use your location information directly and/or share your location with third parties. For example, we may use your location to show you restaurant reviews near your location.

You can modify your Device’s privacy settings at any time and disable the feature that collects and shares information about your location and/or geolocation feature of your photos. However, disabling location sharing may affect certain features we offer. For assistance with your Device’s privacy settings, we recommend contacting your Device manufacturer or mobile service provider.

Please see the section on cookies below for more information about the use of cookies and other described technologies, including your choices related to these technologies.

Use of Information

We are committed to providing you with relevant content on our Services and complying with data privacy laws in the various jurisdictions where we operate. We use information about you to assist you in enjoying and using our Services, including the following:

For your registration and account management, including enabling you to access and use our Services.

  • To facilitate your restaurant reservations.
  • To measure interest in our Services and improve them.
  • To inform you about special offers and services available from us, our affiliates, partners, or restaurants that may interest you.
  • To manage and conduct the loyalty program.
  • To communicate with you.
  • To allow us to post your reviews, ratings, forum messages, photos, and other content.
  • To organize contests, competitions, or surveys.
  • To personalize your experience, including customizing advertisements presented to you on our Services and across the internet.
  • To make assumptions about your interests or preferences.
  • To provide you with an optimized experience and group users of our Services based on, for example, usage and demographic data.
  • To send you invitations to participate in surveys or market research.
  • To respond to your questions and comments.
  • To resolve disputes or issues.
  • To prevent potentially prohibited or illegal activities.
  • To enforce our terms of use and notices; and as otherwise described at the time of information collection.

Please note that some information about you is necessary for us to provide relevant offers from us, our affiliates, partners, and restaurants and for you to enjoy other benefits as a registered user. Please see the “Information Choices” section below for information about your choices regarding the collection and use of your data.

Sharing of Information

To provide some of our Services, we may need to share information with other third parties, including our group of companies, in the following circumstances:

Our group of companies

We share information with companies within our family of companies to provide you with information about products and services (related to restaurants and others) that may interest you. These companies and websites will comply with this Statement and all applicable laws regarding the transmission of promotional communications.

Restaurants

We share your information with our restaurant partners to enable them to process and manage your reservations and address complaints or issues concerning them.

Suppliers

We share information with certain suppliers we work with to facilitate the delivery of our Services, including facilitating transactions such as reservations you may make.

Business partners

We may share information about you, your Devices, and your use of our Services with our trusted business partners. For example, we may share information to provide you with relevant content or facilitate the payment of your meals. This sharing is typically done under written contracts that include obligations for privacy, privacy protection, and security. Please note that we do not control the privacy practices of these third-party business partners.

Social media sites

When you use our Services and choose to share information with third-party social media sites, the information you share is subject to the privacy policies of those social media sites and the privacy settings you have defined with those sites.

Advertising networks

We may collect and sometimes share information about your interests with advertising networks. Some of these companies are members of the Network Advertising Initiative or the Digital Advertising Alliance, which allow you to opt-out of targeted advertising from member companies from one location. 

Other third parties, such as referral websites. Third parties may also assist us in collecting information, including to enable the functionality of our website or present online ads targeted to your interests. We may share audience segments and other information with third parties who use this information to send you targeted advertisements. These third parties may only collect or access information as needed to perform the functions authorized.

Some versions of your Device’s operating system may allow you to refuse the sharing of certain types of information, including to certain advertising networks. Please check your Device’s settings if you wish to limit this type of tracking.

Information Choices

You have several options regarding the collection and use of your information. You can access your account, update it, and even close it through the “My Personal Information” page on our website.

Your options include:

  • You can choose how we communicate with you. You can choose not to provide us with certain information, although it may be necessary to access certain features on the websites.
  • You can prevent the collection of your location information, but please note that disabling location sharing may affect certain features of our Services.
  • You can add or update your information and close your account. If you close your account, we will deactivate it and remove your profile information from view. We may retain some information associated with your account (including past reservations) for internal purposes, including backups, fraud prevention, dispute resolution, investigations, and legal compliance, for the duration necessary to achieve the purposes outlined in this Statement.
  • As a registered user, you can modify your marketing subscriptions, including email subscription choices at any time in your account settings. You can also choose not to receive promotional messages through each email we send.

Information Transfers

We are a global company and conduct business in many jurisdictions. If we transfer your information to other countries, we will use and protect that information in accordance with the provisions described in this Statement and applicable law.

Information Security

We have implemented appropriate administrative, technical, and physical security procedures to help protect your information.

Only some of our employees are authorized to access personal data, and they can only do so for legitimate business purposes. We use encryption when transmitting your personal data between your system and ours and between our system and the parties with whom we share information. We also use firewalls and intrusion detection systems to prevent unauthorized access to your information. However, we cannot guarantee the security of information against unauthorized access or use, hardware or software failures, or other circumstances beyond our control.

Information Retention

We will retain copies of your personal data as long as your account remains open or for as long as necessary for the purposes outlined in this Statement, unless applicable law requires a longer retention period. Additionally, we may need to keep your information for the duration necessary to enforce or defend against legal actions.

Do Not Track Signals

Our website is not currently designed to respond to “Do Not Track” (DNT) signals from browsers. This is due to the lack of a globally standardized interpretation of DNT signals. Once the industry sets standards on this issue, we can reevaluate this approach.

Cookies

We want your access to our Services to be as easy, efficient, and useful as possible. To achieve this, we use cookies and similar technologies to enhance your experience, improve website security, and provide you with relevant advertisements.

What are Cookies?

Cookies are small text files that are automatically copied to your Device when you visit any website. They are stored by your browser and contain basic information about your internet usage. Your browser sends these cookies to a website every time you visit it, so your Device is recognized, and your experience is enhanced, among other things, by providing personalized content. We also use cookies to remember your login information, so you don’t have to enter it every time you use our Services. Other cookies help us understand your preferences.

 

The cookies we use are divided into three categories.

Essential Cookies

These cookies are necessary to allow you to access the website, navigate it, and use all of its features. Without them, the website may not function properly and may prevent you from using some of its most important features. For example, we use a cookie that keeps you logged in throughout your visit to prevent you from having to enter your credentials every time you access a new page. We may also use essential cookies for fraud prevention and detection.

You cannot disable essential cookies using the cookie management tool since they are necessary for you to access the website’s features and use them.

Customization and Analytics Cookies

These cookies help us understand how our website is used and assist us in improving it. They can provide us with information that helps us understand which parts of the website are of interest to our visitors and detect any errors during navigation. We use them to test different layouts and features and to learn how visitors arrive at the website.

We also use cookies to save your settings and preferences on the website (favorite language and previously entered information when searching for restaurant options, for example). Some customization cookies are essential for using specific website features.

Advertising Cookies

Advertising cookies ensure that the ads you see are as relevant as possible to you. For example, some advertising cookies allow the selection of ads based on your interests. Others prevent the same ad from continuously reappearing on your screen.

We also use cookies to facilitate the sharing of website content with your friends through your favorite social networks. Social media sites can install cookies that recognize you when viewing content on the website. They also allow you to share content both on the website and on social media sites using sharing settings. For more information, please refer to the terms of use and privacy policy of your social media site.

We also work with third-party advertisers to provide you with access to restaurant-related content that may interest you and may place cookies on our Services to present you with advertisements that match your interests and preferences. These “third-party cookies” collect information about your browsing behavior and interactions with ads or Services in general. This information also helps us limit how often you see the same ads and enhance your online experience.

Cookie Management Tool

To give you more control, we provide a Cookie Management Tool that allows you to review both first-party and third-party cookies placed on our website and adjust your settings to accept or reject them.

You can access the Cookie Management Tool by clicking here or at any time via the “Cookie Management” link at the bottom of each page or in our cookie banner. Additionally, you can manage cookies through your internet browser settings. You can set your browser to notify you when you receive a new cookie, delete specific cookies, or delete all cookies.

Most advertising networks offer the option to opt-out of advertising cookies. You can find helpful information on how to do this on these pages: www.aboutads.info/choices/ and www.youronlinechoices.com/fr/.

If you delete your cookies, your access to certain features and areas of our Services may be impaired or restricted.

The use of any information we collect through cookies is subject to this Statement, which can be accessed from every page of our website through a link.

Statement Changes and Notifications

We may update this Statement in the future. If we believe that the changes are significant, we will inform you through one or more of the following means: by sending you a communication about the changes, by placing a notification on the website, and/or by posting an updated Statement on the website. We will indicate the last update date of this Statement at the beginning. We encourage you to periodically review the most recent version for the latest information on our data privacy practices.

Contact

For any inquiries about data privacy, such as requesting data deletion or access to your data, or for general inquiries about data privacy or questions about our Privacy and Cookies Statement, please contact our privacy protection team here.

Europe

welcomePAX General Data Protection Regulation Privacy Statement (“GDPR Data Privacy Statement”)

This GDPR Data Privacy Statement applies to individuals in the European Economic Area (“EEA”), including those based in the United Kingdom. This GDPR Data Privacy Statement supplements our Privacy Statement; however, in case of conflict with the Privacy Statement, this GDPR Data Privacy Statement takes precedence for individuals within the EEA.

Data Controller for Personal Data

welcomePAX is the data controller for the personal data we collect. 

The contact details are as follows:

welcomePAX, 49 avenue Rosa PARKS, 69009, Lyon France Attn: Privacy Officer

Your Rights Under the GDPR

You have certain rights regarding your personal data:

Your rights regarding personal data include:

  • The right to request access to your personal data. This allows you to receive a copy of the personal data we hold about you.
  • The right to request correction of your personal data if it is inaccurate. You can also complete incomplete personal data in our possession, considering the purposes of processing.
  • The right to request deletion of your personal data if:
    • Your personal data is no longer necessary for the purposes for which we collected or processed it, or
    • You withdraw your consent when the processing of your personal data is based on consent and is not otherwise legally justified, or
    • You object to the processing of your personal data, and there are no overriding legitimate grounds for the processing, or
    • Your personal data is processed unlawfully, or
    • The deletion of your personal data is necessary to fulfill a legal obligation.
  • The right to object to the processing of your personal data. We will comply with your request unless the processing is based on compelling legitimate interests or we need to continue processing your personal data for the establishment, exercise, or defense of legal claims.
  • The right to request the restriction of processing of your personal data if:
    • You contest the accuracy of your personal data, during the period when we are required to verify the accuracy of the personal data, or
    • The processing is unlawful, and you oppose erasure and request the restriction of processing instead, or
    • We no longer need your personal data for the purposes of processing, but you require it for the establishment, exercise, or defense of legal claims, or
    • You object to processing, during the period when we are required to verify compelling legitimate grounds.
  • The right to data portability. You can also request that we transmit this personal data to another party, to the extent possible. You have this right only for personal data that you have provided to us and for which processing is based on consent or necessary for the performance of a contract between you and us, and it is carried out by automated means.
  • The right to lodge a complaint with the data protection authority in your country.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights described in this Statement). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. We may ask you for specific information to help us confirm your identity and ensure your right to access your personal data (or exercise any of your other rights). This is a security measure to prevent the disclosure of your personal data to unauthorized individuals. To speed up our response, we may also contact you to ask for further information regarding your request. You can exercise many of your rights through the personal information section of your account. You can request to exercise your other rights by clicking here.

Use of Information

We only use your personal data when permitted by law.

Under the GDPR, we use your personal data in one or more of the following circumstances:

  • When we need it to perform the contract we have entered into with you.
  • When it is necessary for the protection of our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests.
  • When we must comply with a legal or regulatory obligation.
  • With your consent.

International Transfers

Your personal data may be transferred to countries outside the European Economic Area (EEA) and stored in those countries for the purposes described in this Statement. When we store or transfer your personal data outside the EEA, we take the following precautions to ensure it is properly protected.

When we store or transfer your personal data outside the EEA, we do so in accordance with applicable law and ensure that it receives a similar level of protection by implementing appropriate safeguards. Personal data transfers are made:

  • to a country recognized by the European Commission as providing adequate protection, or,
  • to a country that does not offer adequate protection, with the transfer governed by the European Commission’s standard contractual clauses, or by implementing other appropriate international data transfer solutions to ensure adequate protection.

By using our services, you understand that your personal data may be transferred to our facilities and to third parties with whom we share it, as outlined in this Statement.

D. NOTE ON REVIEWS AND RATINGS

Calculation of Restaurant Ratings

When Users rate a restaurant, we ask them to evaluate three criteria:

  • Meal quality, accounting for 50% of the rating
  • Service, accounting for 25% of the rating
  • Restaurant ambiance, accounting for 25% of the rating

The calculation of a restaurant’s rating on the welcomePAX platform is an average of all User ratings from the past year. welcomePAX relies on the arithmetic method to calculate the average rating of every partner restaurant.

Users can also rate additional aspects, such as value for money, noise level, and waiting time. These additional criteria do not impact the overall rating but can assist in providing feedback to the restaurant regarding these aspects.

Additionally, Users can leave comments to elaborate on their rating, briefly describing their dining experience, favorite dish, ambiance, and service.

User-Generated Review Management

If Users made a reservation with welcomePAX and their groups enjoyed the meal, they have up to three months from the date of the meal to share their culinary experience. We encourage Users to submit their reviews as soon as possible to avoid forgetting the details of their experience.

To submit a review for a dining experience, Users have three options:

  • Using the link provided by welcomePAX in the email received after the meal, if the reservation was honored.
  • Through the User’s welcomePAX account in the app.
  • By scanning the welcomePAX QR code on the table at restaurants that offer this option.

These three options are the only means for Users to provide reviews, as it allows welcomePAX to verify that Users visited the restaurant for which they are leaving a review.

We would like to emphasize that our platform and the reviews of all listed restaurants encompass all User-provided reviews. This means that all reviews, both positive and negative, are published for all Users to consider (provided they otherwise comply with our Terms of Use, see our moderation process below). We believe that all reviews of dining experiences have a place on our platform and are essential to the welcomePAX community.

Review Moderation by WelcomePAX

To ensure a high level of reliability and transparency, all User-submitted reviews and restaurant responses are subject to our moderation process.

Reviews are checked by both a sophisticated automated moderation tool and our moderation team, if necessary:

  • We use a sophisticated automated moderation tool to identify reviews that may not be authentic or may violate our review rules, as defined in our Terms of Use (Article 6.1 User Content Posting Conditions and Article 6.2 Reasons for Rejection of User Content). Reviews that are not flagged as potentially inauthentic or violating our rules are published automatically.
  • When our moderation tool detects a potential issue, our moderation team reviews the review and confirms if it comes from a consumer who had an authentic dining experience at the relevant restaurant and otherwise complies with our Terms of Use. This may include, for example, contacting Users via email or phone to verify the information again.
  • When our moderation team confirms that the review does not meet the requirements (e.g., when Users have not dined at the restaurant, they cannot leave a review about the dining experience; if the reservation is marked as a No-show by the restaurant, or if Guests cancel the reservation), we do not publish it, and Users are not able to resubmit the review.
  • When the review does not comply with our other rules (e.g., when the entire review is unintelligible, when the review is discriminatory, when there is a significant inconsistency between the rating and the comment, etc.), we inform the User and ask them to reformulate the review in line with our Terms of Use.

If you suspect a review is not authentic or does not comply with our rules, please contact us at contact@welcomepax.com, specifying the reason for your concern, and our moderation team will investigate as described above. We respond to all moderation requests from both restaurants and Users without discrimination.

As many reviews are submitted daily, there may be some delay in publication:

  • Ratings are published immediately (unless the rating does not meet the requirement mentioned above regarding reservation compliance, in which case it is removed).
  • Reviews may take up to 15 days to be published when they require verification by our moderation team.
  • The review will be visible on welcomePAX when the restaurant has received three reviews or more. If the restaurant has fewer than three reviews, the first three reviews will be recorded and published when the restaurant reaches the threshold. 

Restaurant Right of Reply

Once a review is published, restaurant owners have the right to respond within three months after the review is submitted. The response must not exceed the length of the review and, in all cases, should not exceed 1024 characters.

All restaurant responses are subject to the same moderation process as described in section 3 above.

Menus and drinks modification

You can update here your group size.

This modifications can result in a revised total booking amount.

MENUS
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DRINKS PACKAGES
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TOTALS
Total / PAX
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Group size
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SPECIAL DIETS

Please ensure that information on special diets and allergies is kept up to date

How many participants are involved and what are their dietary restrictions?

Aucune commande spécifiée.

Group size modification

Here, you can update your group size.

This change will result in a revised total booking amount

Group size
Total before modification
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Difference
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New order total
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Your order is currently pending payment. The order amount will be updated. If you have already made a bank transfer, please do not modify the order until payment has been received and the order status updated to avoid billing errors.

Arrival Modification

Use this section to update your group’s arrival date and time slot