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Terms and Conditions and Legal Notice

Updated on december 16, 2021

Terms

Company :

The www.bird-office.com website is published by BIRD OFFICE, a société par actions simplifiée [limited company] with capital of €24,219.00 registered in the PARIS trade and companies register under number 799 306 253, with its registered office at 29 rue Taitbout PARIS (75009).

Contact: +33 1 86 76 10 87
VAT no.: FR 07 799306253
Publishing Director: Mr Arnaud Katz

Hosting :

Microsoft France
30 quai du président Roosevelt
92130 Issy Les Moulineaux
France

OVH
2 rue Kellermann
59100 Roubaix
France

Limitation of Liabilities :

The liability of the Bird Office company cannot be directly or indirectly retained in any capacity and for any reason whatsoever:
- In case of website shut down for maintenance purposes or by the behavior of Members of the website;
- In case of inaccessibility and / or in case of inability to use the website by any member of the website;
- In case of damages to equipment, data loss, of any form whatsoever, while connected to the website;
Bird Office company can not be held liable in case of contamination of computer equipments as a result of the propagation of a virus or other computer infection.

As Member of the website, it is your responsibility to take all appropriate measures to protect your own data and / or software from contamination by viruses circulating on Internet.

Under no circumstances the Bird Office company, its employees, its agents, suppliers or third parties mentioned on its website shall be liable for claims involving contractual responsibility, criminal responsibility or any other claims, for all indirect or direct damage, incidents and accessories of whatever nature or for any prejudice, particularly of a financial or commercial nature, resulting from the use of its website or any information obtained from its website.

Contents of the site ­ Intellectual property :

All information contained in the website, that is to say all the lines of coding, the general structure, the graphics and all the broadcast content (pictures, photos, texts etc.) are protected by the French and international legislation.

Thus, Members are strictly prohibited to reproduce, broadcast or transfer the data, content and / or information of the website to which they could have access by any means, to the benefit of a third party in any way, free of charge or subject to payment, regardless of their relationship with the third party.

Any representation, reproduction, either partial or total of the website and its contents, by whatever process, in whatever capacity by a Member is therefore prohibited and could constitute illegal acts and could involve the civil and criminal liability of persons who had been implicated.

Apart from the right of use granted to every Member for the use of the service, all restrictions resulting from the application of the intellectual property code and international laws apply.

At any time and in any case, no one can create a hyperlink to the website http://www.bird-office.com or to any of its sub¬sites, linked websites, or to any of its components without first asking the authorization to the administrator. Any injury suffered by the website http://www.bird-office.com, its sub¬sites, linked websites, its editor and / or host due to the establishment of such a link outside of the conditions set out above may result to prosecution and claims for damages.

The reproduction of any part of the website or the presentation on third websites of elements of the website as "Framing", "in line linking" or any related system is prohibited . The authorization obtained in accordance with the conditions set out above to establish a hyperlink does not allow in any way, to suggest sending a pre¬written message to an email address associated to the website or the establishment of a system for sending massive amounts of messages regardless of the nature.

Data Protection Act and Freedom of Information Law :

The information requested on the site is necessary for you to use our services and find the room your company needs or hire out your room. This information is for the exclusive use of Bird Office, which acts as the data controller. Unfortunately, we will be unable to offer you our services if you do not complete all the required fields to contact us and describe the room you are looking for or offering. In accordance with our general data protection policy, you have a right to access, which entitles you to learn about the type of data we collect about you and to request its rectification or erasure at any time. To exercise this right, simply email support@bird-office.com or use the contact form for the Bird Office Data Protection Officer, which can be downloaded from www.virtual-dpo.fr or www.mondelegueauxdonnees.fr.

If you send us a question, you agree that we may retain your data in order to provide you with a response or tell you about our latest news. You can unsubscribe from our newsletters or ask to stop receiving our news at any time; simply email support@bird-office.com.

Terms of Sales

Bird Office, a simplified joint stock company with capital of €24,219.00, whose registered office is located at 29 rue Taitbout, 75009 Paris, registered with the Paris Trade and Companies Register under number 799 306 253, represented by its Chairman, offers its customers services for the provision of spaces dedicated to work as well as the organisation of professional events.

The present general conditions define the terms and conditions under which these services are offered. (The "General Conditions").

They are concluded between professionals. Bird Office does not offer services to consumers. Any person placing an order with Bird Office therefore undertakes to act as a professional. A non-professional shall not be entitled to cancel his or her Order on the grounds of non-compliance with this clause.

Any reservation made on the www.bird-office.com website or with Bird Office entails full and complete acceptance of these General Terms and Conditions.

Article 1: Definitions

Each term beginning with a capital letter has the meaning indicated in its definition, whether in the singular or plural.

Client: means companies, associations, public authorities or any professional subscribing to the Services offered by Bird Office.

Order: means the order for Services placed on the Site and detailing the Services subscribed to by the Customer.

Account: means a Customer's account on the Bird Office Website enabling it to book Services.

Partner: means any third party that Bird Office may call upon to provide certain Services to the Customer.

Participant: means any person authorised by the Customer to benefit from the Services under the terms of the Order and in compliance with these Terms and Conditions.

Party: means Bird Office and the Customer.

Service: means the services offered on the Site.

Price: means the price of the Services.

Site: means the www.bird-office.com website or any other website or application published by Bird Office on which the Services are accessible.

Article 2: Nature of the Services

Bird Office provides its Customers with Services relating to the organisation of professional and promotional events, the reservation of group work spaces, or the organisation of training courses and seminars.

The Services offered include the reservation of dedicated spaces for a specific period (conference rooms, meeting rooms, private hotel spaces, etc.) in most French cities and in certain European cities.

The Services also include all services related to the events organised, such as catering services (breakfasts, lunches, breaks and/or cocktails) as well as the provision of ancillary activities (such as accommodation for Participants or various team-building activities) for example.

These Services and their characteristics are presented in detail on the Site and are accessible to all visitors. Ordering them requires the creation of an Account.

Article 3: Customer status

Article 3.1: Creation of an Account

Customer status is reserved exclusively for persons acting in a professional capacity.

Any company, administration, association or interested professional may subscribe to Bird Office services from the Website.

Booking Services from the Website requires the creation of an Account by a Customer representative. Each Customer may designate several representatives so that each of them may open a separate Account, but any opening of an Account is deemed to be made in the name of the Customer identified when the Account was created.

When creating an Account, the Client's representative must provide the following information:

  • His/her surname and first name, his/her title;
  • The Customer's company name;
  • His professional email address;
  • A password.

The creation of an Account is also possible directly by connecting through a Linkedin or Gmail account.

In order to issue an invoice for an Order, the Customer must also provide the address of its registered office, its SIREN number and its intra-community VAT number.

Once an Account has been created, the Customer may book the desired Services.

The Account IDs and passwords are strictly personal to each Customer representative. Any use of an Account following a connection with the registered login and password is deemed to have been made by the authorised representative of the Client and is binding on the latter.

Under no circumstances may an Account be lent, transferred or sold to a third party.

Article 3.2: Closing an Account

The closure of an Account can be requested at any time by sending an email to: support@bird-office.com. The request is processed within thirty (30) days.

Except in cases where Accounts are closed due to the Customer's failure to comply with these GTCs, the closure of an Account does not entail the termination of any Orders previously concluded or currently being executed.

In any event, Bird Office reserves the right to close any Account unilaterally, at any time, and without prior notice, in the event of serious misconduct on the part of the Customer, and in particular in the event of a breach of these Terms and Conditions.

Bird Office shall automatically close any Account that has not ordered Services for three (3) years.

Article 4: Ordering Services

From his Account, the Customer may access the various Services offered, their characteristics and, in particular, the following elements

  • Location ;
  • Availability ;
  • Organisation of the space (terrace, balcony, number of rooms, etc.);
  • Equipment included (television, coffee machine, kitchen, number of chairs, etc.);
  • Number of participants accepted;
  • Nature of services provided;
  • Start and end times;
  • Possible duration of the booking ;
  • Booking deadline;
  • Specific booking conditions (minimum number of Participants, minimum booking duration, etc.);
  • Booking policy (cancellation period, fraction of the Price that may be recovered in case of cancellation, etc.);
  • The Price excluding tax and the method of calculating the Price (fixed price, hourly, daily, half-day, etc.);
  • The currency in which the Price is to be paid.

The Customer selects the desired characteristics of the Services and submits the Order to Bird Office for confirmation. Bird Office will send a confirmation email to the Customer within a reasonable time.

In any event, the Order shall not be effective and binding on Bird Office until the Customer has received confirmation from Bird Office.

All Orders commit the Customer to paying the full price of the Services ordered. Once the Order has been validated by Bird Office, the Customer receives a summary of the Services ordered and the booking dates.

If the Customer has any questions, he/she is invited to contact Bird Office directly at support@bird-office.com. Bird Office will do its best to respond as soon as possible.

Article 5: Cancellation/ modification of an Order

Article 5.1: Cancellation and modification at the Customer's initiative

Any request to cancel or modify an Order must be sent to the following address: support@bird-office.com. The cancellation or modification shall be confirmed by an email from Bird Office. Under no circumstances can the Customer be guaranteed acceptance of the request to modify the Services.

The conditions for cancelling or modifying an Order for Services, including any cancellation or modification fees that may apply, are described on the Service sheet on the Site and are recalled when the Order is placed. In the event of an Order requiring a specific quotation, the conditions for cancelling and modifying this Order are indicated in the quotation.

In the absence of details of the cancellation or modification period, the Customer is hereby informed that Bird Office allows cancellations and modifications under the following conditions:

  • In principle, cancellations or modifications may be made up to fourteen (14) calendar days before the start of the Service. Cancellation fees equivalent to 20% of the total amount of the Order, with a minimum of 20 euros excluding VAT, shall apply in the event of cancellation;
  • The Customer's company name;

The Order for additional Services that result in an upward modification of the Price is payable by any means on the day of the confirmation of the acceptance of the modification.

In the event of cancellation of the Service for any reason whatsoever, the Client must send a request for reimbursement by email to: support@bird-office.com. No request sent to another address or by any other means will be processed. The Customer fills in the refund form which is then sent to him and returns it to the same address.

No modification is possible less than fourteen (14) calendar days before the Event, and less than ten (10) days for catering Services.

In the event of cancellation after these deadlines, the full Price shall remain payable to Bird Office.

The date on which the email requesting the cancellation or modification of the Services is sent shall be deemed authentic.

Article 5.2: Cancellation at the initiative of Bird Office

All Orders accepted are binding on Bird Office.

Bird Office may, however, be required to cancel a Service due to external events beyond its control, including any situation involving force majeure as defined by case law and the new Article 1218 of the Civil Code, or in the event of cancellation by one of its Partners.

In the event of cancellation, Bird Office undertakes to make its best efforts to offer the Customer a similar Service.

Article 5.3: Refunds in the event of cancellation

In the event of cancellation by the Customer under the conditions set out in Article 5.1 hereof, and in the absence of any clarification, Bird Office shall refund the amount due using the payment method used for the initial Order, which the Customer expressly accepts.

The Customer therefore undertakes to inform Bird Office in the event that its payment method is no longer active.

Article 6: Posting a notice online

Bird Office offers its Customers the possibility of posting reviews for certain Services. The purpose of the reviews is to help other Bird Office customers make their choice from among all the Services offered, and to enable the Partners offering certain places to improve the quality of the Services.

Customers undertake to submit objective and well-founded reviews in accordance with the regulations in force.

Bird Office reserves the right not to publish, or to withdraw at a later date, any review that is contrary to the laws and regulations.

The removal of a notice at the initiative of Bird Office shall not entitle the Customer to compensation. Bird Office reserves the right to take any action for compensation for damage suffered as a result of the publication of a notice that does not comply with these General Conditions.

Article 7: Complaints

The Customer may file a complaint within seven (7) calendar days of the end of the Service by sending an email to the address: support@bird-office.com.

This complaint must be accompanied by elements that are capable of characterising the origin and scope of the complaint, such as photos or email exchanges.

Bird Office shall deal with all requests for complaints as soon as possible.

Article 8: Financial provisions

Article 8.1: Determination of the Price

All payments on the Site are made in euros, with the exception of Services offered outside the euro zone, which are paid and referenced in the currency of the country in which the Service is performed.

The Price is expressed exclusive of tax and depends on the nature of the Services ordered. The specific methods of calculating the Price of the Services are detailed on the page of the Service on the Website. They are also mentioned in the Order.

The Price depends on the characteristics of the Service in question and is expressed as a lump sum, hourly rate, half-day rate, etc.

Article 8.2: Terms of payment

Payment of the Price is made by any means at the latest on the date indicated in the Order.

When the reservation of the Service requires the payment of a deposit, this must be made on the day of the Order. In certain cases mentioned at the time of the Order, this deposit corresponds to the totality of the Price of the Service.

The balance of the Price must be paid no later than fifteen days before the date of the Service, unless otherwise specified.

The Customer is also informed that Bird Office does not send out paper invoices. Any request to send a paper invoice shall be invoiced at a rate of twenty-five (25) euros excluding tax per item.

Article 8.3: Additional orders

If an additional Service is ordered, payment must be made by the date indicated to the Customer at the time of the Order.

Any order for catering services, where such an order is possible after the Order has been placed with Bird Office and accepted, must be paid for no later than four (4) calendar days before the date on which the Service is to be performed.

The price of the Additional Services is payable by any means of payment agreed between the Parties.

Article 8.4: Late payment interest

Any delay in payment shall result in the application of a penalty equal to three (3) times the legal interest rate, as from the first day of delay.

A fixed indemnity of forty (40) euros for collection costs shall also be due in the event of delay.

In addition, in the event of late payment not settled within eight (8) days, or not settled before the start of the Service, Bird Office reserves the right to suspend the Services until the Customer has made full payment of the amounts due.

Article 9: Personal data

In the course of its business, Bird Office collects personal data from its customers, in its capacity as data controller within the meaning of Article 4 of the General Data Protection Regulation (GDPR).

Bird Office collects the surnames, first names and emails of representatives of its customers and partners, or of persons who have contacted it via its website or any other means. It also collects the contact details of persons who make a booking request, as well as the details of the Order, the number of Participants, and the content of exchanges and contact requests received by email.

The processing of this data is necessary for the provision of the Services. The purpose of the processing carried out by Bird Office relates in particular to

  • The management of room reservations;
  • The allocation of meals;
  • The organisation of event activities;
  • Quality control;
  • Monitoring orders and their payment;
  • providing support for the use of the Site.

Where applicable, Bird Office may also, on an ad hoc basis and after informing the person concerned, record telephone conversations in order to improve the quality of the services offered and to ensure that the answers provided correspond to the proper handling of its customers' specific requests.

Any recordings of conversations are kept for a maximum period of six (6) months from the date of recording.

Data relating to Accounts, Orders and the performance of Services are kept for as long as the Client has an Account on the Site. They are archived every three years.

In the event of an inactive Account, the Data is destroyed within a maximum period of three years after the last Order made by the Client.

Accounting data relating to the invoicing of Services are kept for a period of ten (10) years.

Within Bird Office, the only people who have access to the personal data collected in this way are

  • The persons in charge of monitoring Orders;
  • The financial department;
  • In the event of difficulties with an Account, the support department.

In addition, when Bird Office calls upon Partners to provide all or part of the Services, the data required to provide the Services are transmitted to the Partner concerned. In this case, the Partner acts as a processor within the meaning of Article 4 of the GDPR.

Each person concerned has a right of access, modification, rectification, deletion and, where applicable, portability of personal data concerning him/her, in accordance with the RGPD and the provisions of the law relating to data processing, files and freedoms of 6 January 1978 in its version in force on the date hereof.

The right of access, modification, rectification and deletion provided for in the preceding paragraph may be exercised by contacting the dedicated department at the following email address: data_protection@bird-office.com.

Bird Office has also appointed a DPO, the company Virtual-DPO, located at 42, rue Manin - 75019 Paris.

Any request addressed to the DPO should be sent to the following email address: data_protection@bird-office.com.

In the event of any difficulty in connection with the management of his or her personal data, any data subject has the right to lodge a complaint with the CNIL or with any competent supervisory authority.

Article 10: Communication

The Parties may refer to each other as partners in their commercial documentation, on their website and in any communication medium.

In this respect, the Parties authorise each other to reproduce their logos and trademarks on their communication media, subject to compliance with the communication standards of the other Party.

Article 11: Warranty and insurance terms

Article 11.1: Warranty

Customers are informed that some of the Services may be provided by Bird Office's Partners.

Consequently, under all circumstances, Customers undertake, on their own behalf and on behalf of the Participants, to comply with the instructions of Bird Office representatives and Partners when providing the Services, as well as with any specific internal regulations applicable to the place where the Services are provided.

In particular, the Customers warrant, on their own behalf and on behalf of the Participants

  • The reasonable and professional use of the premises made available to them in the context of the Services, including the respect of the spaces assigned to the Client and its Participants when the Service is performed in a space where other people are present;
  • Compliance with the hours defined at the time of the Order and, in the event of overtime, payment of overtime at the current rate;
  • Compliance with the Services ordered and, in the case of additional services, payment for any additional services consumed on site, not initially provided for (use of material resources, such as photocopies, faxes, etc.) or additional consumption, such as drinks, coffee, etc.);
  • Respecting the number of participants and, in the event of an overrun, paying the additional amount due;
  • The return of the reserved room in the state in which it was found;
  • The immediate reporting of any damage, accidental or otherwise, that may have occurred during the Event;
  • Respect for the staff of Bird Office and the Partners, and for any suppliers or subcontractors involved in providing the Services;
  • Respect for third parties who may use some of the premises made available or the traffic areas of the premises made available;
  • Strict compliance with safety and hygiene rules (in particular: fire safety, anti-Covid measures and barriers, food safety, road safety, etc.);
  • Respect for the structure and integrity of the premises made available, in particular the equipment, decoration and furniture;
  • Compliance with all regulations relating to noise, occupation of certain areas, access to certain protected areas (swimming pool, nature park, prohibited traffic or parking areas, etc.);
  • Compliance with the regulations applicable when the Service is carried out outside French territory.

In the event of a breach by the Client or one of its Participants, and in particular a breach of the commitments and guarantees set out herein, Bird Office reserves the right to initiate any proceedings for compensation for the damage suffered.

Any breach of this article or any damage caused by a Customer Participant to the room or equipment made available by Bird Office may result in the payment of damages to Bird Office or the Partner, if the said damage is not covered by the insurance taken out by the Parties.

The Partner may also require the Customer to leave the room provided immediately if it finds that the Participants have violated the provisions set out herein. No reimbursement will be granted to the Client whose Service has been interrupted due to a breach of the above-mentioned guarantee.

In addition, the Customer undertakes to indemnify and hold Bird Office harmless against any action brought by a Partner or a third party based on (i) the Customer's failure to comply with these general terms and conditions, (ii) the Customer's failure to comply with the rules defined by the Partner responsible for performing the Service, or (iii) any damage caused by the Customer during the performance of the Service, provided that the action brought has resulted in an enforceable court decision or a settlement.

In any event, the Client undertakes to inform Bird Office in writing without delay of any action or event likely to trigger its warranty.

Article 11.2: Insurance terms and conditions

The Customer is hereby informed that Bird Office has taken out insurance to cover any material damage that may occur during a Service booked via Bird Office.

Details of the insurance taken out, the amount of the excess to be paid by the Customer and the conditions of exclusion are available at the following link: https://images.bird-office.com/prod/birdoffice/support/sinistre-responsabilite-civile-fr.pdf or from any other link accessible from the Site.

The Customer acknowledges that he has been informed that, in the absence of immediate notification of any damage of any kind whatsoever, Bird Office's insurance will not cover such damage and the Customer will be charged for restoring the room.

In all cases, the deterioration or damage must be reported to Bird Office within a maximum of forty-eight hours of the incident occurring, by sending a report that can be downloaded from the following link.

Article 12: Liability

Bird Office's liability to the Customer shall in no case exceed the price of the service during which the event giving rise to liability occurred.

Bird Office may not be held liable for any malfunction resulting from an interruption of the Internet network for any reason whatsoever, or from a failure of the Site's hosting system.

Bird Office also reserves the right to temporarily interrupt access to the Site when the interruption is justified by an updating or maintenance operation or by a peak in traffic. In such cases, Bird Office shall endeavour to limit the inconvenience by reducing the interruption to the minimum time required to carry out the operation in question or to deal with the problem.

Under no circumstances may the Customer seek to hold Bird Office liable for the loss of data relating to its Order (in particular, dates, Participants, nature of the Services ordered). In this respect, the Customer undertakes to regularly back up the data on a medium belonging to it, in order to limit the damage it suffers in the event of data loss.

The Parties shall not be held liable if the performance of their respective obligations is delayed or prevented due to force majeure, an act of God or a cause beyond their control, such as, in particular: natural disasters, war, earthquakes, fire, explosions, riots, intervention by government authorities, bad weather, damage.

Article 13: Intellectual property

The trademarks, domain names, products, software, images, videos, texts present on or relating to the Site and the Services, and more generally all elements subject to intellectual property rights, are and remain the exclusive property of Bird Office and, where applicable, of Bird Office's Partners and suppliers. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of the above-mentioned elements for any reason whatsoever is strictly prohibited.

Article 14: Miscellaneous

Article 14.1: The invalidity of one of the clauses or articles of these General Terms and Conditions shall not affect the validity of the other clauses and articles. In the event of the invalidity of one of the clauses, the Parties shall endeavour to replace it with a valid clause having the same purpose.

Article 14.2: Any agreement derogating from or supplementing these Terms and Conditions must be in writing.

Article 14.3: The headings of the articles herein are for convenience only and shall not affect the meaning of the provisions to which they refer.

Article 14.4: These Terms and Conditions may be amended by Bird Office at any time. The General Terms and Conditions applicable to an Order are those in force on the date of the Order.

Article 14.5: No waiver by either Party, even if repeated, shall constitute a waiver of any of the provisions of these Terms and Conditions.


Confidentiality Charter

As part of its business, Bird Office collects personal data.

The data collected by Bird Office is collected, recorded and stored in accordance with the provisions of the version of the French Data Protection Act of 6 January 1978 in force on the date of this notice, and with the provisions of the General Data Protection Regulation.

BIRD OFFICE collects the first names, surnames and email addresses of representatives of its clients and suppliers, and of individuals who contact BIRD OFFICE via its website or by any other means. It also collects the contact details of individuals who make a booking request, as well as the date of the booking, the location of the room booked and the number of people likely to be attending the meeting.

It is necessary to process this data in order to provide the services described in the Terms and Conditions.

If the need arises, BIRD OFFICE may also, after informing the user, occasionally record telephone conversations in order to improve the quality of its services and ensure that its clients' specific requests are dealt with appropriately.

Bird Office also acts as a data processor in the sense of Article 4 of the European General Data Protection Regulation, when it collects data related to its clients' employees.

The client remains responsible for the processing of its employees' personal data, and for processing carried out for statistical purposes that is accessible via the portal managed by Bird Office.

Data is retained for as long as necessary to provide the services offered by Bird Office.

The data is then archived and can be retrieved only in the event of a legal dispute, for the period required by law.

All individuals concerned have a right to access, modification, rectification, erasure and, if necessary, portability of personal data relating to them, in accordance with the provisions of the version of the French Data Protection Act of 6 January 1978 in force on the date of this notice, and in accordance with Community regulations.

In the event of a problem related to the management of their personal data, individuals concerned have the right to file a complaint with the CNIL [Commission Nationale de l’Informatique et des Libertés — French national commission on information technology and liberties] or any other competent supervisory authority.

The right to access, modification, rectification and erasure established in the paragraph above may be exercised by contacting customer services at the following email address: support@bird-office.com.

Bird Office has also appointed VIRTUAL DPO to be its external Data Protection Officer.
If you have any questions, you can visit our data protection officer's website directly at www.virtual-dpo.fr or www.mondelegueauxdonnees.fr.

When Bird Office receives a request for access, modification, rectification or erasure in its capacity as a processor of data collected by one of its clients, Bird Office will apply the methods established by the client, provided that they are compliant with applicable regulations and have been communicated in advanceIn the event of a problem related to the management of your personal data, you have the right to file a complaint with the CNIL [Commission Nationale de l’Informatique et des Libertés — French national commission on information technology and liberties] or any other competent supervisory authority.
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