Terms & Conditions

Posted on 15/09/2023




The use of this Website www.hotel-des-elmes.com (hereinafter the “Website”) implies full and unconditional acceptance of the Terms and Conditions set out below. These Terms and Conditions may be modified at any time. Users of the Website are advised to consult them regularly.

The Website is normally accessible to users at all times. However, the Website may decide to interrupt access to carry out technical maintenance and will endeavor to inform users of the date and time of such maintenance.

The Website is updated regularly by www.hotel-des-elmes.com. Similarly, these Terms and Conditions may be modified without notice at any time. They are binding on the user who is therefore advised to consult them regularly.



1 - Owner


This Website, available at the following address www.hotel-des-elmes.com is the property of SOC EXPLOIT DE L HOTEL DES ELMES (hereinafter SOC EXPLOIT DE L HOTEL DES ELMES).


  • Legal name: SOC EXPLOIT DE L HOTEL DES ELMES
  • Trade name: Hotel Les Elmes
  • Address of the registered office: Plage des Elmes 66650 Banyuls sur Mer
  • SIRET number: 35110250400013
  • VAT number: FR44351102504
  • Business activity (NAF/APE code): 5510Z
  • Legal form: SARL
  • RCS registration: Perpignan
  • Share capital: 200000
  • Legal representative: Brice SANNAC in his capacity as Owner
  • Publication Manager: Brice SANNAC in his capacity as Owner
  • Data Protection Officer (DPO): Brice SANNAC in his capacity as Owner


Contact us:





2 – Design


This Website, accessible at www.hotel-des-elmes.com, has been designed and developed by Diadao Productive, a limited liability company (SARL) with share capital of €100,000.00 legally registered with the Montpellier RCS register under the number 443 748 397 00041 and with the VAT number FR34443748397. The registered office is located Zone Ecoparc – 625 Avenue de la Saladelle 34130 Saint-Aunès - France.

Diadao is an agency specialized in providing online and marketing services to hotels, restaurants, spas and tourism operators. The Website Artistic Director is Mr. Serge Bija, an external provider from the Diadao digital communication agency.

How to contact Diadao Productive:





3 - Website Host

Front : Vercel
The website, accessible at www.hotel-des-elmes.com, is hosted by Vercel Inc, whose head office is located at 340 S Lemon Ave #4133, Walnut, CA 91789, United States.
To contact them:

Address: 340 S Lemon Ave #4133 Walnut, CA 91789
Telephone: (559) 288-7060
Contact form: https://vercel.com/contact
Website: https://vercel.com/

Back-Office: OVH
The website, which can be accessed at www.hotel-des-elmes.com, is hosted by OVH, a simplified joint stock company (SAS) with capital of €10,069,020.00, registered in the Lille Trade and Companies Register under number 424 761 419 00045, with intra-community VAT number FR22424761419, whose registered office is located at 2 rue Kellermann 59100 Roubaix - France.

To contact them
Address: 2 rue Kellermann 59100 Roubaix - France
Contact form: https://www.ovh.com/fr/support/nous-contacter/
Website: https://www.ovh.com



4 - Website Content & Copyright


This Website and all its contents may contain confidential information or information protected by legislation on intellectual property or other applicable laws.

Unless indicated otherwise, all Website content, general structure, texts, sounds and images whether animated or not, are the exclusive property of SOC EXPLOIT DE L HOTEL DES ELMES. It is forbidden for users to copy, modify, create a derivative work, assemble, decompile, sublicense or transfer any element on the Website or any content item whatsoever, except for personal usage.

Any total or partial representation of the Website and its contents, by any means, without prior specific authorization from SOC EXPLOIT DE L HOTEL DES ELMES is strictly prohibited and will constitute an act of counterfeiting punishable under the Intellectual Property Code.

Credits


  • Texts: © HOTEL DES ELMES
  • Photos: © SPATULE PROD', Paul PALAU




5 - License to use the Website Content


By accessing the Website or using the services, the user acknowledges that he/she accept a license granted by SOC EXPLOIT DE L HOTEL DES ELMES, to use the Website content subject to the following imperative restrictions:

The license is granted on a non-exclusive, non-assignable basis. The user’s right of use is personal and private: this means that any reproduction of Website content on any medium whatsoever for collective or personal use, even within the user’s company, is prohibited. The same prohibition applies to any communication of Website content electronically, even when such communication is over a corporate internet or extranet.

The right of use includes only the permission to consult the website and its contents. This use only includes permission to reproduce by storage for representation on a single screen and such reproduction by storage is only allowed for use on a single computer screen or for paper printouts. Any other use is subject to prior specific authorization from SOC EXPLOIT DE L HOTEL DES ELMES. The breach of any of these provisions shall subject the perpetrator and any other person responsible for such breach, to the criminal and civil sanctions applicable under French and European law.



6 – Contractual Limitations regarding Technical Data


The Website uses JavaScript technology.

The Website may not be held liable for any material damage resulting from the use of the Website. Moreover, the user of the site agrees to access the website using recent equipment, free of any viruses and with latest generation updated browser.

The Website is hosted by a provider, AGS Cloud (Access Global Security), on the territory of the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: 2016/679).

The objective is to provide a service that ensures the best possible accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance purposes, to improve its infrastructures, in case of infrastructure failures or if the services generate unusual traffic volumes.

www.hotel-des-elmes.com and the hosting provider will not be held liable in any case of malfunctioning of the Internet network, telephone lines or computer equipment or any network congestion preventing access to the server.



7 – European Data Protection Act


SOC EXPLOIT DE L HOTEL DES ELMES, with share capital of 200000, legally registered with the Perpignan RCS under the number 35110250400013, is liable for the use made of the information collected on the Website. The person to be contacted for any questions about data collection is Brice SANNAC in his capacity as Owner.

The data collected and stored is hosted by the company EHR SOFT, SARL, with share capital of 7 622,45 euros legally registered with the Toulouse RSC under the number 398 346 841 00040, whose registered office is located 10 Impasse Lichard, 31140 Aucamville - France.

EHR SOFT is a company which provides a PMS (Property Management System) software, named VEGA, for customer relationship management. EHR Soft is a subsidiary of the QuatuHoRe group which is a specialist in hotel IT.

How to contact them:



The user is informed that, according to the General Data Protection Regulation (GDPR: 2016/679), the data given in forms posted on the Website are required to enable the company to address the request and are intended for the services in charge of replying to requests and monitoring such requests. The data collected on this Website through the form will be kept for a period of a period of 18 months for occasional visitors and for a period of 24 months from the date of check-out for the clients of SOC EXPLOIT DE L HOTEL DES ELMES. After these periods, the personal data will be deleted or anonymised.

In accordance with the General Data Protection Regulation (GDPR: 2016/679), the user has a right to access, correct, update and erase data concerning him/her and these rights can be exercised by contacting Brice SANNAC by email at contact@leselmes.com, or by post at Plage des Elmes 66650 Banyuls sur Mer, specifying in the subject of the email or the letter “Droits relatifs à la protection de votre vie privée” and attaching a copy of an identity document. The Website also provides you with a form to exercise your rights. Just click on the following link: https://www.hotel-des-elmes.com/en/gdpr-form     

You also have the right to give instructions on the fate of your data after your death.
In accordance with the General Data Protection Regulation (GDPR: 2016/679), the user may also object, for legitimate reasons, to his/her data being processed , and without having to give a reason and at no cost, to his/her data being used for commercial prospecting purposes.

Website users are required to adhere to the terms of the General Data Protection Regulation (GDPR: 2016/679), any breach of which may be punished as a criminal offence. In particular the user must abstain, in the case of particular data to which he or she has access, from any collection, inappropriate use and, generally speaking, any actions likely to interfere with other people’s privacy or reputation.



8 – Data Security


The Website uses Secure Socket Layer (SSL) protocol which is the most widely used protocol worldwide. It is used to secure and encrypt the information conveyed between SOC EXPLOIT DE L HOTEL DES ELMES and the users of the website. The key to the success of SSL encryption is its incredible simplicity for users. Browsers are warned of the presence of the SSL security protocol when a padlock is displayed and the presence of the https protocol in the url. You can therefore securely send information to SOC EXPLOIT DE L HOTEL DES ELMES.

To protect the security and confidentiality of personal data, the Website uses networks protected by standard systems such as a firewall, pseudonymisation, encryption and passwords.

When processing personal data, the Website takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

The information required to respond to user requests, such as surnames, first names, addresses, user emails, are indicated by an asterisk on the collection forms. If fields marked with an asterisk are not filled, SOC EXPLOIT DE L HOTEL DES ELMES will not be able to process user requests.

The subcontractor in data storage solution:
The VEGA software allows the definition of technical and organizational measures within the hotel to protect user data in an appropriate manner according to its nature, the extent of processing and its accessibility. The respect of your data is binding for all partners and service providers of the hotel.

For online booking services, user data is stored on a centralised server hosted by the provider.



9 - Booking and Payment System

When booking on the Site, the browser/user is redirected to a subcontractor who offers a booking and payment management solution.

The personal data collected is shared with Mews Systems Sarl, a simplified joint stock company (SAS), with a capital of 1000 euros, registered in the Paris Trade and Companies Register under number FR23844958306, whose registered office is located at 128 Rue La Boetie, 75008 Paris, France.

The data collected with the Mews company is used for the purposes of managing bookings and customers, for the purposes of invoicing and payments and to carry out commercial actions and satisfaction surveys.

To contact them :


  • Address: Mews Systems Sarl, 128 Rue La Boetie, 75008 Paris 8, France
  • Telephone: +33 (0)7 57 91 57 17
  • Contact form: https://www.mews.com/fr/contacter
  • Website: https://www.mews.com/
  • Privacy policy: https://app.mews.com/Platform/Document/PrivacyPolicy?language=fr




10 – Cookies


When accessing the Website, a cookie may be automatically placed and stored temporarily in the user’s browser software or on the user’s hard drive.

A cookie is a block of data that does not enable users to be identified but that is used to collect information on the user’s browsing so as to facilitate use of the Site (such as the pages viewed, the date and the access time, etc.). The information collected on this site will be kept for a period of 13 months. The browser software settings can inform the user about the presence of cookies and how they can refuse.

The user has a right to access, withdraw and modify personal data communicated by means of the cookies under the conditions indicated above. Users have the right to oppose the recording of cookies by setting the appropriate parameters in their browser. However, this operation will delete all cookies used by the browser, including those used by other websites, and this may lead to the alteration or loss of certain settings or information. For more information, read our Cookie Policy.



11 - Trademarks


Any of the SOC EXPLOIT DE L HOTEL DES ELMES trademarks which may be displayed on the Website are the exclusive property of SOC EXPLOIT DE L HOTEL DES ELMES. Any total or partial reproduction of these trademarks without prior specific authorisation from SOC EXPLOIT DE L HOTEL DES ELMES is therefore prohibited.



12 - Hyperlinks & Backlinks


The hyperlinks set up as part of this Site leading to other resources on the Internet, cannot incur the liability of SOC EXPLOIT DE L HOTEL DES ELMES. Users of the Site may not set up hyperlinks to this Site, without the explicit and prior authorisation of SOC EXPLOIT DE L HOTEL DES ELMES.

Following the explicit and prior authorization of SOC EXPLOIT DE L HOTEL DES ELMES, the hyperlink www.hotel-des-elmes.com must be accompanied by a brief and precise descriptive text which informs the user of the advantages and precise nature of the activity of SOC EXPLOIT DE L HOTEL DES ELMES. The link must be visible and may appear in the "Partners" tab of your website. To obtain the explicit and prior authorisation of SOC EXPLOIT DE L HOTEL DES ELMES, you can contact us by email at contact@leselmes.com, or by post at Plage des Elmes 66650 Banyuls sur Mer, specifying in the subject of the email or the letter “Hyperlinks” and attaching your URL website address and the location of the link.



13 - Authorisation to reproduce content


For any information and request to reproduce content published on the Site (texts, graphics, illustrations, images, animated or not and sounds) regardless of the medium, the user is invited to submit their requests by email to contact@leselmes.com specifying in the subject of the email or the letter “Authorisation to reproduce content" and indicating the part you wish to reproduce as well as the context of this request.



14 - Privacy Policy


SOC EXPLOIT DE L HOTEL DES ELMES respects your privacy and undertakes to protect it. This statement is intended to inform you of our privacy policy and practices, as well as the choices you can make about how your details are collected online and how they are used. The website and our business activities are governed by French law. In the event of a dispute arising out of your use of our website, only the French Courts are competent. For more information, see our Privacy Policy.



15 – Changes to the Website and the Terms & Conditions


SOC EXPLOIT DE L HOTEL DES ELMES endeavours to ensure to the best of its ability that the information published on the Site is accurate and up to date. The information contained on the Site is not contractual in nature and SOC EXPLOIT DE L HOTEL DES ELMES reserves the right to change the content of the Site and these terms and conditions of use at any time without notice. These changes are binding on you and we recommend that you regularly consult the Site to read the general conditions of use in force. However, SOC EXPLOIT DE L HOTEL DES ELMES cannot guarantee the accuracy, precision or completeness of the content available on the Site and invites the user to contact SOC EXPLOIT DE L HOTEL DES ELMES directly.



16 - The extrajudicial settlement of consumer disputes


In accordance with article L.612-1 of the French Consumer Code, every consumer has the right for free access to a consumer mediator to settle disputes with a professional out of court, i.e. in this specific case with SOC EXPLOIT DE L HOTEL DES ELMES. For this purpose, SOC EXPLOIT DE L HOTEL DES ELMES guarantees the consumer effective recourse to a consumer mediating system. The formalities by which the process of mediation is implemented are specified by decree from the Council of State.

 

 

Lors de la réservation sur le Site, le navigateur/utilisateur est amené à être redirigé vers un sous-traitant qui propose une solution de gestion des réservations et des paiements.

Les données à caractère personnel collectées sont partagées avec la société Mews, Société par actions simplifiée (SAS), au capital de 99 296,00 euros, inscrite au registre du commerce et des sociétés de Toulouse sous le numéro 38778917500081, dont le siège social est situé 4 B RUE BRINDEJONC DES MOULINAIS 31500 TOULOUSE – France.

Les données collectées avec la société Mews sont utilisées à des fins de gestion des réservations et des clients, pour les besoins de la facturation et des paiements et pour mener des actions commerciales et enquêtes de satisfaction.

Pour les contacter :

Adresse : 4 B RUE BRINDEJONC DES MOULINAIS 31500 TOULOUSE – France
Téléphone : +33 (0)1 58 62 58 10
Formulaire de contact : https://www.mews.com/fr/contacter
Site web : https://www.mews.com/
Politique de confidentialité : https://app.mews.com/Platform/Document/PrivacyPolicy?language=fr