These General Terms and Conditions of Use (hereinafter the "GTC") describe the terms and conditions under which SNC Villa Marie Saint-Barth provides a service of consultation and creation of customised stays in its establishment (hereinafter the "Service") to the user (hereinafter the "User"). Access to this Service is subject to compliance with this legal notice. Any Internet user wishing to access the Service must have read these General Conditions of Use beforehand and undertakes to respect them unreservedly.
Owner: SNC SE Villa Marie Saint-Barth
Share capital 1000€.
RCS Basse-Terre 819 649 799
Creator : Influence Society
Publication manager: Marie Sibuet
Webmaster : Influence Society
Host: Amazon Web Services, Inc.
Photo credits: C.Wheatley - L. Di Orio - A. Marietta - A. Mitsakos - L. Payet - One Love Our Love - E. Gudenas
ARTICLE 1 - INTELLECTUAL PROPERTY
The presentation and each of the elements, including brands, logos and domain names, appearing on the https://saint-barth.villamarie.fr/fr website are protected by the laws in force on intellectual property and belong to Villa Marie Saint-Barth or are subject to authorisation for use. No part of the https://saint-barth.villamarie.fr/fr website may be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way whatsoever, on any medium whatsoever, in part or in full, without the prior written permission of Villa Marie Saint-Barth, with the exception of strict use for press purposes and subject to compliance with intellectual property rights and any other property rights mentioned. Any total or partial representation of the site by any means whatsoever without the express permission of Villa Marie Saint-Barth is prohibited and would constitute an infringement punishable by articles L.335-2 and following of the Intellectual Property Code. Villa Marie Saint-Barth reserves the right to prosecute any act of infringement of its intellectual property rights. Only copies for private use are authorised for your personal, private and non-commercial use. The following notice must appear on any authorized copy of all or part of the content of the Site: "COPYRIGHT Villa Marie Saint-Barth ALL RIGHTS RESERVED". Any authorised use of the elements making up or appearing on the site must be made without distortion, modification or alteration in any way whatsoever.
ARTICLE 2 - GENERAL DESCRIPTION OF THE SERVICE
Villa Marie Saint-Barth offers, within the framework of its website https://saint-barth.villamarie.fr/fr, to any person wishing to do so, to consult the site and subscribe to the newsletter. The user of this site acknowledges that he/she has the skills and technical means necessary to access this site, and that he/she has checked that the computer configuration used does not contain any viruses and that it is in perfect working order. The user undertakes to have checked that the configuration of his/her equipment will not prejudice the service offered by Villa Marie Saint-Barth.
ARTICLE 3 - OBLIGATIONS OF THE VISITOR
ARTICLE 4 - CASES OF NON-COMPLIANCE WITH THE CONDITIONS OF USE
Users are invited to notify Villa Marie Saint-Barth in the event of a breach of these General Conditions of Use via the contact form accessible from each page by clicking on the link in the persistent bar, representing an envelope.
ARTICLE 5 - RESPONSIBILITY OF VILLA MARIE SAINT-BARTH
Villa Marie Saint-Barth is bound by an obligation of means within the framework of these General Conditions of Use and may not under any circumstances be held responsible for any loss, prejudice or indirect damage of any nature whatsoever resulting from the management, use, operation, interruption or malfunction of the service.
ARTICLE 6 - FORCE MAJEURE
Villa Marie Saint-Barth cannot be held responsible, or considered to have failed to comply with the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals, including the interruption, suspension, reduction or disturbance of electricity or other or any interruption of telecommunications networks. However, the user declares that he/she is aware that the suppliers of the materials, software and telecommunications infrastructures used in these areas do not offer an absolute guarantee of the proper functioning of the service. As a user of technologies or infrastructures developed and supplied by third parties, Villa Marie Saint-Barth cannot guarantee that its service will be totally uninterrupted and without delay, especially in the event of a "bug" or product updates. Furthermore, Villa Marie Saint-Barth reserves the right to modify the content of the https://saint-barth.villamarie.fr/fr website at its sole discretion, at any time and without prior warning.Villa Marie Saint-Barth reserves the right to make the site or services temporarily unavailable for maintenance or updating procedures.
ARTICLE 7 - INFORMATION AND CONFIDENTIALITY
In accordance with the law of January 6, 1978 relating to information technology, files and freedoms, the automated processing of personal data carried out on the website https://saint-barth.villamarie.fr has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). In accordance with law no. 78-17 of January 6, 1978, the user may at any time access personal information concerning him or her held by Villa Marie Saint-Barth, and may request that this information be modified or deleted. Thus, in accordance with articles 36, 39 and 40 of the French Data Protection Act, the user may request that any information concerning him/her that is inaccurate, incomplete, equivocal, out of date or whose collection, use, communication or storage is prohibited be rectified, completed, clarified, updated or deleted.At the end of the account and for all purposes of proof, data concerning the user may be kept and confidentially archived by Villa Marie Saint-Barth, in accordance with the laws in force.
In order to improve the quality of its service and to better meet the expectations of its users, Villa Marie Saint-Barth may collect personal data on the user, in particular through the use of markers (cookies). By continuing to browse the https://saint-barth.villamarie.fr website, users give their consent. Moreover, they have the possibility to refuse them. As provided for by law, this consent is valid for a maximum of 13 months.
Since 25 May 2018, it is no longer mandatory for Villa Marie Saint-Barth to declare the website https://saint-barth.villamarie.fr to the CNIL. However, personal data are collected via the website https://saint-barth.villamarie.fr in order to create a file with said data. In accordance with the law, our files are declared to the CNIL.
ARTICLE 8 - COOPERATION WITH PUBLIC AUTHORITIES
Villa Marie Saint-Barth is legally obliged to cooperate with the authorities who wish to carry out checks on the content or identity of users of the service, and submits to this. Users of the service declare that they are informed that Villa Marie Saint-Barth may be released from its professional secrecy under the conditions set out in article 6 of the law of 21 June 2004, and agree to this. The company Villa Marie Saint-Barth is not subject to a general obligation to monitor the information it stores, nor to search for facts or circumstances revealing illicit activities. However, Villa Marie Saint-Barth is obliged to inform the competent public authorities of obviously illegal activities or information that it has become aware of in the course of its business. Villa Marie Saint-Barth is obliged to hold and keep the data required to identify any person who has contributed to the creation of content on its services.
ARTICLE 9 - SETTLEMENT OF DISPUTES AND JURISDICTION
Any complaint concerning the site or the services of Villa Maire Saint-Barth, must be sent by registered letter with acknowledgement of receipt to the following address Maisons et Hôtels Sibuet - 144 chemin du Petit Darbon - 74120 Megève. It is imperative that the name of the hotel concerned be specified.
In the event of a lack of response within 60 days from the date of referral or a negative response preventing an amicable resolution of the dispute, the customer may refer the matter to the Tourism and Travel Ombudsman whose contact details are as follows
By mail: MCP Médiation 12 square Desnouettes 75015 PARIS
By Mail: email@example.com
ARTICLE 10 - AMENDMENTS AND JURISDICTION
The present General Conditions of Use are governed by French law and language. The user of the Villa Marie Saint-Barth website accepts that any dispute or grievance relating to the operation of this service shall be settled before a court of law within the jurisdiction of Villa Marie Saint-Barth. These General Conditions of Use may be modified by Villa Marie Saint-Barth at any time, particularly in the event of technical, legal or jurisprudential changes or when new services are introduced. The user must regularly check these General Conditions of Use and undertakes to immediately stop using the service in the event of disapproval of them, the user being required to accept these General Conditions of Use without reservation. Use of the service implies acceptance by the user of all the stipulations described in these General Conditions of Use and any modifications that Villa Marie Saint-Barth may make to them. In the event of disputes or complaints from the user, Villa Marie Saint-Barth or a third party, relating to the use of the service, only the version of these General Conditions of Use accessible on the website https://saint-barth.villamarie.fr/fr will be binding between the parties, whatever the date of the disputed facts. In the absence of an amicable solution, any dispute that may arise between the parties concerning the formation, execution, interpretation or termination/resolution of the Contract will be the exclusive competence of the Tribunal de Grande Instance located within the jurisdiction of the registered office of Villa Marie Saint-Barth, even in the case of summary proceedings, applications or multiple defendants.