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Terms and Conditions and Legal Notice

Updated on November 04, 2019

Terms

Company :

The www.bird-office.com website is published by BIRD OFFICE, a société par actions simplifiée [limited company] with capital of €20,368.40 registered in the PARIS trade and companies register under number 799 306 253, with its registered office at 277 rue Saint Honoré, PARIS (75008).

Contact: +33 1 86 76 10 87 and contact@bird-office.com
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 contact@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 contact@bird-office.com.

Terms of Sales

Preambule

The use of the Bird Office service, in any case, the obtaining of the status of Member (see article 4 of the GTC) and the fact of reserving a workspace imply acceptance without reservation of the general conditions of sale and legal notices.

BIRD OFFICE may at any time modify its general terms and conditions of sale without notice. Members are therefore responsible for regularly checking these general terms and conditions of sale and must interrupt any use of our services in the event of disagreement with them.

Any modification shall not affect orders already accepted or executed.

Article 1: Personal data

In the course of its business, BIRD OFFICE collects personal data.

BIRD OFFICE collects the full names, emails of its customers' and suppliers' representatives, or of persons who have contacted it via its website or by any other means. It also collects the contact details of the people who are making a reservation request, as well as the date and location of the reserved Room and the number of people likely to attend the meeting.

The processing of this data is necessary for the provision of the Services mentioned in these General Terms and Conditions.

If necessary, BIRD OFFICE may also, on an ad hoc basis and after informing the user, record telephone conversations in order to improve the quality of the services offered, and ensure that the answers provided correspond to a proper handling of the specific requests of its customers.

Any recordings of conversations shall be kept for a maximum period of 12 months from the date of recording.

Excluding registration data, the data are kept as long as the customer does not request the deletion of his data by e-mail to support@bird-office.com.

The data are then archived and can only be returned in the context of a dispute, during the period of legal prescription.

Each data subject has the right to access, modify, rectify, delete and, where appropriate, transfer personal data concerning him/her, in accordance with the provisions of the law on data processing, files and freedoms of 6 January 1978 in its version in force on the date hereof, and in accordance with Community legislation.

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

The right of access, modification, rectification and deletion provided for in the previous paragraph, is exercised by contacting customer service at the following email address: support@bird-office.com or via the Bird Office Data Protection Officer's contact form which can be downloaded from the website.

If the data subject has shared content with a third party social network, application or website, BIRD OFFICE is no longer responsible for the enforcement of the right to delete on these sites. The person concerned will have to contact the editors of the applications through which he or she has shared the content in order to exercise his or her right to erase.

Cookies may be automatically installed on the browser software when you access the Site. A cookie is an element that does not allow the visitor to be identified by name but is used to record information relating to his or her browsing. The browser settings may allow you to refuse cookies as described in the "Internet Option" or "Settings" tab of the browser.

Article 2 : Identity

Bird-office.com is a service of the company BIRD OFFICE, 277, rue Saint Honoré in PARIS (75008), R.C.S. PARIS 799 306 253, VAT number: FR07 799 306 253.

Article 3 : Description of the Bird Office service

BIRD OFFICE acts as an intermediary between Partner Members providing workspaces (training, conference and/or meeting rooms) and User Members seeking workspaces available for their professional activities.

BIRD OFFICE is also an intermediary for the provision of catering services (breakfasts, lunches, breaks and/or cocktails) as well as for the provision of ancillary activities (such as accommodation or teambuilding activities) between the User Member and the Partner Member.

BIRD OFFICE acts as a supplier of catering services for a User Member wishing to deliver such services during the performance of the service.

BIRD OFFICE uses an external service provider to provide these services.

Article 4 : Article 4: Becoming a Member of the Bird Office Service

The creation of a personal account is not mandatory to be able to browse the BIRD OFFICE website.

However, an account creation will be necessary to be able to book or provide a workspace.

Article 4.1: General procedure for becoming a Bird Office Member
Any natural or legal person, acting within the framework of his professional activity (company or sole proprietorship) and any association acting within the framework of his associative activity, may become a Member of the Bird Office service. Registration is done on the BIRD OFFICE website at the following address: https://www.bird-office.com/

Any natural or legal person using the BIRD OFFICE service will be considered as acting within the framework of a professional activity.

Article 4.2: User Member
Are called "User Members" the Members using the BIRD OFFICE service for the purpose of reserving workspaces belonging to a Partner Member.

The following elements are also mandatory to become a User Member:
- Name of the company
- Mailing address of the latter's registered office
- SIREN number or intra-community VAT number

Article 4.3: Unsubscription
A Member may request BIRD OFFICE to close his account by sending an email to support@bird-office.com His request will be processed within 48 hours.

BIRD OFFICE may also unilaterally terminate it at any time, without notice, if the Member does not comply with the essential terms of these general terms and conditions of sale.

Any unsubscription by the User Member results in the cancellation of any reservations in progress. If necessary, Article 9 of these General Terms and Conditions shall apply.

Article 5: Reservation of a workspace

BIRD OFFICE acts as an intermediary between a User Member and a Partner Member.

BIRD OFFICE is the agent of the Partner Member for the edition of invoices. In this sense, BIRD OFFICE will be competent to edit and issue invoices to User Members and Partner Members.

All invoices will be accessible in the Members' customer area.

The reservation is made by the acceptance by a Partner Member of the offer to provide a workspace and related services.

Acceptance of the offer entails the conclusion of a temporary secondment contract attached to the quotation or invoice. However, the Partner Member may choose to retain the right to confirm the reservations made to him/her, which will delay the conclusion of the contract until the date of confirmation of the reservation.

Notices, left on the site by User Members following a service, may not violate public morals and order, nor be threatening to the rights of a third party. They may not also mention the personal details of any natural or legal person.

BIRD OFFICE checks the opinions submitted before they are put online. Consequently, BIRD OFFICE reserves the right to modify a notice to ensure that it complies with the indications set out above.

Article 6 : The price of services

The price is freely fixed by the Partner Member and is expressed on a flat-rate basis per hour, half-day or day and/or per person or per product unit; the Partner Member may decide to set a minimum number of hours to allow a reservation and/or a minimum order price.

In the case of delivery of services, specific charges may apply.

Article 6.1: Terms of Payment
Payment will be made by credit card, bank withdrawal, check or bank transfer.

Article 6.2: Time Limits for Payment
Article 6.2.1: Payment deadlines in the case of work space reservations
Payment is to be made upon acceptance of the reservation by the Partner Member.

For payments made less than 15 days before the date of performance of the service, the full amount will be deducted regardless of the method of payment.

For payments less than 15 days before the date of performance of the service, only payments by credit card will be accepted.

For payments more than 15 days before the date of performance of the service:
- In case of payment by credit card, the full amount will be charged for amounts under 1200 EUR including VAT. For amounts exceeding 1200 EUR including VAT a deposit is deducted immediately upon acceptance of the booking by the Partner Member, the balance will be received at the latest 15 calendar days before the first day of the event.
- In case of payment by bank transfer, the full amount will be charged for amounts below 2000 EUR including VAT. For amounts exceeding 2000 EUR including VAT a deposit must be transferred immediately upon acceptance of the booking by the Partner Member, the balance must be paid within a maximum period of 10 days before the first day of the service. Without receipt of the deposit within 4 days of the booking date, an automatic cancellation is effective. BIRD OFFICE also reserves the right to cancel reservations without receiving the full amount due within the specified time limit. If necessary, cancellation fees will be charged, as mentioned in Article 10 of the GTC.
- In the event of payment by direct debit, the full amount will be charged for amounts under 5000 EUR including VAT. For amounts exceeding 5000 EUR including VAT a deposit is deducted immediately upon acceptance of the reservation, the balance will be deducted 15 days before the first day of the service.
The amount of the deposit is communicated at the time of booking, before the confirmation of the order.
The client must provide all necessary information regarding the payment of services. In the event that payment is conditional on the addition of an order number on the invoice, the customer must inform us of this order number and possible amendments to the orders without delay.

It should be noted that BIRD OFFICE does not send invoices in paper format. Any request to send a paper invoice will be invoiced 25€ HT per shipment.

Article 6.2.2.2: Payment deadlines in the case of reservation of catering services provided by the Partner Member
Payments must be made no later than 96 hours before (4 days included) the provision of the service.

Article 6.2.3: Payment deadlines in the case of booking catering services provided by an external service provider
Payments must be made no later than 96 hours before (4 days included) the provision of the service.

Article 7 : Late payment

In the event of total or partial late payment attributable to the User Member, the User Member shall be liable to the Company for a late payment penalty equal to three times the legal interest rate determined by the European Central Bank (Art. L441-6 French Commercial Code).

The legal interest rate used is that in force on the day the service is provided. This penalty is calculated on the amount, all taxes included, of the remaining amount due, and runs from the due date of the invoice without any prior formal notice being necessary.

A flat-rate indemnity of forty (40) euros for recovery costs will also be due in the event of delay.

Failure to comply with the said payment deadline will result in an administrative fine of up to two million euros for the User Member.

Article 8 : Resolutive Clause

BIRD OFFICE reserves the right to cancel any workspace reservation in the event of payment not made within the allotted time.

User Members may not under any circumstances benefit from the performance of the service unless full payment has been made.

Article 9 : Cancellation conditions

The cancellation conditions mentioned in article 9.1 and 9.2 may differ according to the partner rooms. These are mentioned on the room sheet of the website.

The date of sending the cancellation request email is proof.

Article 9.1: Conditions for cancelling work space reservations
Cancellation rules are strict: reimbursement up to 240 hours (10 days) before the start of the performance of the service (excluding compensation for bank and administrative costs of 20% of the amount excluding taxes of the service and 20 euros excluding minimum taxes).

Cancellation can be made by sending an email to support@bird-office.com.

A cancellation is confirmed by return email from Bird Office.

Article 9.2: Conditions for cancellation of catering services provided by the Partner Member
Any cancellation may be effective and be subject to refund if it was made more than 96 hours (4 days included) before the service was provided.

Article 9.3: Cancellation conditions for catering services provided by an external service provider
Any cancellation may be effective and be refunded if it has been completed no later than 96 hours (4 days included) before the service is provided.

Article 10 : Conditions for Modification

The conditions for modification referred to in Article 10 may differ according to the partner rooms. These are mentioned on the room sheet of the website.

The date of sending the modification request email is valid.

Article 10.1: Conditions for modifying the Partner Member's reservation of workspaces and catering
Any change in the reservation of workspaces may be effective and subject to reimbursement if it has been made no later than 240 hours (10 days) before the start of the service. This period is extended to 4 days for catering modifications excluding the provision of a Study Day (fixed price per person per day).

It must be written by email to support@bird-office.com and is confirmed by return email from Bird Office.

The Client has the possibility to modify without charge, upwards or downwards, the number of participants indicated at the time of the initial reservation, within the limit of the minimum number of participants provided for by the place and within the limit of its capacity of reception.

If the number of participants were to be higher or lower than initially planned, the Client could be allocated, after its agreement, another reservation space for reasons inherent in the management of the Partner Member's establishment (for example, not enough space within the room to accommodate the additional participants).

This modification does not entitle the holder to any compensation.

This modification does not entitle the holder to any compensation.

Event date postponements cannot be considered as free of charge booking changes in the event that the new desired date is more than 90 days from the original date. The cancellation rules in Article 9 will apply in this case.

Article 10.2: Conditions for modifying catering services provided by an external service provider
Any modification may be effective and reimbursed if it has been made no later than 96 hours (4 days included) before the service is provided.

Article 10.3: Changes made on site on the day of the event
The User Member is invited to inform us of any booking changes made on site (such as additional consumption or overtime) by sending us an email at support@bird-office.com

The Partner Member also has the possibility to inform us of an additional invoice that BIRD OFFICE will invoice the User Member after validation by the latter. However, without any return from the User Member within eight days, the additional invoice will be tacitly accepted.

Article 11 : Opening of a dispute by the client

The customer has the possibility to file a complaint at most 7 calendar days after the end of the service. This complaint must be accompanied by evidence such as photos or email exchanges and must be opened by sending an email to support@bird-office.com

Article 12 : Force Majeure

BIRD OFFICE shall not be held liable if the non-performance or delay in the performance of one of its obligations described in the general terms and conditions of sale results from a case of force majeure. By force majeure, we mean any foreign cause of an irresistible and unpredictable nature.

Strikes, lockouts, fires, floods, riots, wars, shortages of fuel, energy and equipment are considered as force majeure, even if they are only partial and whatever the cause.

Article 13 : Liability

Members are informed of the intermediary role of BIRD OFFICE which connects User Members and Partner Members.

BIRD OFFICE cannot under any circumstances be held responsible for the conditions of provision of the workspace offered directly by the Partner Members. The Partner Member is solely responsible for the information provided to BIRD OFFICE regarding the description of the workspace it offers.

Members are solely responsible for the security of their personal interface. Bird Office cannot be held responsible for the loss or theft of identifiers and passwords, nor for their hacking.

Members undertake never to communicate their username and password to a third party and to implement measures to prevent the occurrence of any theft, loss or hacking.

If any activity on their personal account appears suspicious, Members must notify Bird Office as soon as possible and do their utmost to stop such unauthorized activities.

Article 14 : Insurance

Partner Members must, in accordance with the regulations in force, imperatively insure and/or have insured their property and maintain workspace insurance coverage in the temporary provision.

In addition, BIRD OFFICE offers insurance in partnership with AXA, which automatically covers all users of the service.

Article 15 : Intellectual Property of Members

The Partner Members acknowledge that they hold the Operating Rights necessary to publish all the content posted online.

The Partner Members remain the sole owners of the rights attached to the content they intend to publish and distribute on the site https://www.bird-office.com/, i.e. works of the mind in general, such as musical works, films, videos, images, photographs or texts.

Publishing the corresponding files implies a non-exclusive license granted to BIRD OFFICE to use, represent, reproduce, communicate to the public from the site https://www.bird-office.com/ or from the site from any known or future electronic communication network (Internet, 2G, 3G, 3G, 4G, TV ADSL, etc.)), distribute and even modify the corresponding content in order, in the latter case, to meet the technical needs and constraints related to the Bird Office service itself, in particular when it comes to performing digital compression of video and music files or formatting such content and that this license is limited to uses necessary only for Bird Office services, as long as such content is available and at the sole discretion of the user outside the site https://www.bird-office.com/, unless expressly agreed in advance by the latter.

Within the framework of the license granted to it, BIRD OFFICE may, in order to promote the establishment of contact between the Partner Member and the User Member, freely use all or part of the content published by the latter, represent them, distribute them and reproduce them.

Article 16 : Personal Data

BIRD OFFICE reserves the right to collect personal information and personal data concerning Members, which is necessary for the management of their order, as well as for the preparation of invoices.

The contact details of the User Members will be transmitted to the Partner Members in the event of a validated and effective reservation, and vice versa, for the purpose of performing the services.

Article 17 : Applicable law and jurisdiction

These general conditions are subject to French law.

Any dispute relating to their interpretation and/or execution; and any dispute that may arise between BIRD OFFICE and one of its Members must, according to the decree of 11 March 2015 (Decree No. 2015-282 of 11 March 2015 on the simplification of civil procedure, electronic communication and amicable dispute resolution) be resolved amicably before it is brought before the competent court, the Tribunal de commerce de Paris.


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: contact@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.
Cookies

What cookies are likely to be installed when you visit our website?
The aims of the cookies likely to be installed on your browser when you visit the Bird Office website are essentially to be audience measurement tools, improve website ergonomics and establish visitors' browsing patterns.

How long is a cookie's lifespan?
There are two types of cookies: session cookies and persistent cookies. Session cookies are created temporarily in your browser's subfolder when you visit a website. Once you leave the site, the session cookie is deleted.

Persistent cookie files remain in your browser's subfolder and are activated again when you visit the website that created that particular cookie. A persistent cookie remains in the browser's subfolder for the period set within the cookie file.

Generally, a cookie's validity period is no more than 13 months.

Can I refuse to have cookies installed on my computer?
You are not obliged to accept installation of cookies on your terminal. However, we cannot guarantee you an identical user experience if you delete cookies.

How do I change my cookie settings and delete cookies?
You may be able to refuse cookies through your browser settings using the procedure described on your browser's "Internet Options" tab.
We use cookies to make certain functions on the site work, to understand how our site is used and to respond better to your needs based on your browsing. By clicking the "Accept" button or continuing to browse the site, you accept the use of cookies. Find out more here