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:
- Address: Plage des Elmes 66650 Banyuls sur Mer
- Phone number: +33 0()4 68 88 03 12
- Contact email: contact@leselmes.com
- Reservation email: contact@leselmes.com
- Data Protection Officer email: contact@leselmes.com
- Website: www.hotel-des-elmes.com
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:
- Address: Zone Ecoparc - 625 Avenue de la Saladelle 34130 Saint-Aunès - France
- Phone number: +33 (0)4 67 40 22 73
- Contact email: contact@diadao.fr
- Website: https://www.diadao.fr
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:
- Address: 10 Impasse Lichard, 31140 Aucamville - France
- Phone number: +33 (0) 5 61 70 61 20
- Contact email: ehrsoft@quatuhore.fr
- Website: www.quatuhore.fr/WP/
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 Website, the user is at times redirected to a subcontractor who offers a solution to manage bookings and payments.
The personal data collected are shared with the company Mews, Simplified Joint Stock Company (SAS), with a share capital of €99,296.00, legally registered with the Toulouse RCS under the number 38778917500081, whose registered office is located at 4 B RUE BRINDEJONC DES MOULINAIS 31500 TOULOUSE - France.
The data collected with the company Mews are used for booking and customer management purposes, for billing and payment purposes and for conducting sales and satisfaction surveys.
How to contact Mews:
Address: 4 B RUE BRINDEJONC DES MOULINAIS 31500 TOULOUSE – France
Phone number: +33 (0)757 915 717
Contact form: https://www.mews.com/en/contact-us
Website: https://www.mews.com/
Privacy
policy: https://app.mews.com/Platform/Document/PrivacyPolicy
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