These General Terms and Conditions of Use (hereinafter the "GTCU") describe the terms and conditions under which Compagnie de Services provides the user (hereinafter the "user") with a service for consulting and creating customized stays in its establishments (hereinafter the "Service"). Access to this Service is subject to compliance with the present legal notice. Any Internet user wishing to access the Service must have read these General Terms and Conditions of Use beforehand, and undertakes to respect them unreservedly.
Owner: SNC SE Villa Marie Saint-Barth - LD Colombier 97133 SAINT BARTHELEMY
Share capital: 1000€
RCS BasseTerre 819 649 799
TVA Intracommunautaire :FR18480283571
Designer: Influence Society
Publication manager: Marie Sibuet
Webmaster: Influence Society
Photo credits: Isabelle Lindbergh
Article 1 - Intellectual Property
The presentation and each of the elements, including trademarks, logos and domain names, appearing on the site www.gypsea-beach.com, are protected by the current laws on intellectual property, and belong to the establishment or are subject to a usage authorization. No element of the site www.gypsea-beach.com may be copied, reproduced, modified, republished, uploaded, distorted, transmitted or distributed in any way, on any medium, in part or in whole, without the prior written permission of the establishment, except for strict use for press needs and subject to respect for intellectual property rights and any other property right mentioned. Any total or partial representation of the site by any process whatsoever, without the express authorization of the establishment is prohibited and would constitute an infringement punishable by articles L.335-2 and following of the Intellectual Property Code. The establishment reserves the right to prosecute any act of infringement of its intellectual property rights.Only private copying for your personal, private and non-commercial use is allowed. The following mention must notably appear on any authorized copy of all or part of the site content: "COPYRIGHT GYP SEA ALL RIGHTS RESERVED".Any authorized use of the elements composing or appearing on the site must be done without distortion, modification or alteration in any way.
Article 2 - General description of the service
Gyp Sea Saint Barth offers, as part of its website www.gypsea-beach.com to anyone wishing to do so, to consult the site and subscribe to the newsletter. The user of this site acknowledges having the competence and the necessary means, especially technical, to access this site, and to have verified that the computer configuration used does not contain any virus and is in perfect working order. The user undertakes to have verified that the configuration of his equipment will not harm the service offered by the company La Plage Saint Barth.
Article 3 - Visitor's obligations
Users are invited to notify Gyp Sea in case of violation of these General Conditions of Use via the contact form accessible from each page by clicking on the link present on the persistent bar, representing an envelope.
Article 5 - Responsibility of La Plage, Gyp Sea
The company La Plage has a duty of means within the framework of these General Conditions of Use and cannot in any case be held responsible for any loss, damage or indirect damage of any kind resulting from the management, use, operation, an interruption or malfunction of the service.Article 6 - Case of Force MajeureThe company La Plage cannot be held responsible, or considered as having failed in these conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure as defined by the case law of the French courts and tribunals including interruption, suspension, reduction or disturbances of electricity or others or any telecommunications network interruptions. However, the user declares knowing that the suppliers of the materials, software and telecommunications infrastructure used in these fields, in no case offer an absolute guarantee of good functioning of the service. As a user of technologies or infrastructure developed and provided by third parties, La Plage cannot commit to its service being totally uninterrupted and without delay, especially during a "bug" or product updates. In addition, La Plage reserves the right to modify the content of the site www.gypsea-beach.com at its sole discretion, at any time and without prior notice. La Plage reserves the possibility to make the Site or the services temporarily unavailable for maintenance or update procedures.
Article 6 - Case of Force Majeure
The company La Plage cannot be held responsible, or considered as having failed in these conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure as defined by the case law of the French courts and tribunals including interruption, suspension, reduction or disturbances of electricity or others or any telecommunications network interruptions. However, the user declares knowing that the suppliers of the materials, software and telecommunications infrastructure used in these fields, in no case offer an absolute guarantee of good functioning of the service. As a user of technologies or infrastructure developed and provided by third parties, La Plage cannot commit to its service being totally uninterrupted and without delay, especially during a "bug" or product updates. In addition, La Plage reserves the right to modify the content of the site www.gypsea-beach.com at its sole discretion, at any time and without prior notice. La Plage reserves the possibility to make the Site or the services temporarily unavailable for maintenance or update procedures.
Article 7 - Information and Confidentiality
In compliance with the law of January 6, 1978 relating to data processing, files, and liberties, the automated processing of personal data carried out from the Internet Site www.gypsea-beach.com has been declared to the National Commission for Informatics and Liberties (CNIL). In accordance with law n° 78-17 of January 6, 1978, the user can at any time access personal information about him held by the Service Company, request their modification or deletion. Thus, under articles 36, 39 and 40 of the Data Processing and Liberties law, the user may request that information concerning him be corrected, supplemented, clarified, updated or deleted that are inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or preservation is prohibited. At the closure of the account and for any purposes of proof, data concerning the user can be kept and archived confidentially by Gyp Sea, according to current laws. In order to improve the quality of its service and better meet the expectations of its users, Gyp Sea may be required to collect personal data on the user, in particular through the use of markers (cookies). By continuing their navigation on the site www.gypsea-beach.com, Internet users give their consent. Moreover, they have the possibility to refuse them. As the legislation provides, the validity duration of this consent is 13 months maximum. Since May 25, 2018, it is no longer mandatory for the company Fermes de Marie Chalet rental to declare the website www.gypsea-beach.com to the CNIL. However, personal data are collected via the website www.gypsea-beach.com in order to create a file with said data. In accordance with the law, our files are then declared to the CNIL.
Article 8 - Cooperation with public authorities
La Page has a legal obligation to cooperate with authorities wishing to conduct checks on content or the identity of service users and submits to it. The service users declare being informed that the company La Plage may be released from its professional secrecy under the conditions provided by article 6 of the law of June 21, 2004, and consent to it. The company La Plage is not subject to a general obligation to monitor the information it stores, nor to search for facts or circumstances revealing illicit activities. However, the company Compagnie de Services is required to inform the competent public authorities of manifestly illegal activities or information that it has become aware of in the exercise of its activity. La Plage is required to hold and keep data likely to identify any person who has contributed to the creation of content on its services.
Article 9 - Dispute Resolution
Any complaint concerning the site or services of La Plage, must be reported by registered letter with acknowledgment of receipt to the following address: Gyp Sea Beach– 144 chemin du Petit Darbon – 74120 Megève. In case of absence of response within a period of 60 days from the submission or a negative response preventing the amicable resolution of the dispute, the customer may refer to the Mediator Tourism Travel whose contact details are as follows:By Mail: MCP Mediation 12 square Desnouettes 75015 PARISBy Email: firstname.lastname@example.org
Article 10 - Amendments and Competent Jurisdictions