General terms and conditions | Hôtel Arawak Beach Resort, Guadeloupe

ARTICLE 1 – ORDER WITH PAYMENT OBLIGATION

In accordance with Article L.221-14 of the French Consumer Code, it is hereby reminded that:

“For contracts concluded electronically, the professional must remind the consumer, before placing the order, in a clear and comprehensible manner, of the information relating to the essential characteristics of the goods or services covered by the order, their price, the duration of the contract and, where applicable, the minimum duration of the consumer’s obligations, as provided for in Article L.221-5.

The professional shall ensure that the consumer explicitly acknowledges, when placing the order, their payment obligation. To this end, the function used to validate the order must include the clear and legible wording ‘Order with payment obligation’ (or any other equivalent and unambiguous wording) indicating that placing the order entails a payment obligation.

Online retail websites must indicate, in a clear and legible manner, no later than at the beginning of the ordering process, the accepted payment methods as well as any delivery restrictions.”

ARTICLE 2 – RIGHT OF WITHDRAWAL

Article L.221-28 specifies the cases in which the right of withdrawal cannot be exercised. In particular, Article L.221-28, 12° of the French Consumer Code provides that, for contracts for accommodation services (other than residential), transport of goods, car rental, catering, or leisure activities scheduled at a specific date or over a specific period, the consumer does not benefit from the right of withdrawal for distance contracts.

Furthermore, pursuant to Article L.221-5 of the French Consumer Code, before entering into a contract of sale or service provision, the professional must communicate, in a clear and comprehensible manner, the following information:

The information referred to in Articles L.111-1 and L.111-2;
Where the right of withdrawal exists, the conditions, timeframe, and procedures for exercising that right, as well as the standard withdrawal form, the presentation requirements and content of which are set by decree of the Conseil d’État;
Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of return where the goods, by their nature, cannot normally be returned by post;
Information regarding the obligation to pay charges where the consumer exercises the right of withdrawal for a service contract, water distribution, gas or electricity supply, or district heating network subscription, in the event that performance is requested before the expiry of the withdrawal period (such charges being calculated in accordance with Article L.221-25);
Where the right of withdrawal is excluded pursuant to Article L.221-28, information regarding this exclusion and, where applicable, the circumstances under which the consumer loses their right of withdrawal.

In the context of the distance selling of services offered through our Platform, the consumer expressly waives their right of withdrawal.

ARTICLE 3 – INFORMATION RELATING TO THE MEDIATOR

In accordance with Article L.616-1 of the French Consumer Code, the professional shall communicate to the consumer, in accordance with the procedures laid down by decree of the Conseil d’État, the contact details of the competent mediator(s). In addition, Article R.616-1 specifies that this information must be displayed in a visible and legible manner on the website, in the general terms and conditions of sale or service, on order forms, or, in the absence of such documents, by any other appropriate means, also indicating the website address of the mediator(s).

In the event of a dispute between Arawak Beach Resort and the Client, the parties shall endeavour to find an amicable solution. Failing agreement, the Client is informed of the possibility of resorting to conventional mediation or any other alternative dispute resolution method.

In accordance with Ordinance No. 2015-1033 of 20 August 2015 and implementing Decree No. 2015-1382 of 30 October 2015, the Client may, for any consumer dispute, refer the matter free of charge to the competent consumer mediator for Arawak Beach Resort, namely MEDIATION TOURISME ET VOYAGE (MTV) at the following address: Médiation Tourisme et Voyage – BP 80 303, 75 823 Paris Cedex 17 – Website: www.mtv.travel, within one year of receipt of the written complaint submitted to Arawak Beach Resort.

The Client remains free to resort or not to mediation. In the event of a mediation proposal initiated by Arawak Beach Resort, the Client is also free to accept or refuse the proposed solution. After the mediator’s decision, each party remains free to accept or reject the solution.

In the event of a dispute concerning the performance of an order (service provision), if the Client is an end consumer (natural person), they may resort free of charge to conventional mediation or any other alternative dispute resolution method.

ARTICLE 4 – COLLECTION AND PROTECTION OF DATA

Personal data is collected by the company Arawak Beach Resort.

Personal data means any information relating to an identified or identifiable natural person (the “data subject”). A person is deemed identifiable where they can be identified, directly or indirectly, in particular by reference to a name, an identification number, or any other specific element enabling their identity to be determined (physical, physiological, genetic, mental, economic, cultural, or social).

Personal information collected via the website is primarily used for managing the relationship with the user and, where applicable, for processing their orders. The data collected includes in particular:

First name and surname;
Postal address;
Email address;
Phone number;
Financial information: in connection with the payment for products and services offered, the Platform records data relating to the user’s payment card.

ARTICLE 5 – RIGHT OF ACCESS, RECTIFICATION AND ERASURE OF YOUR DATA

In accordance with applicable personal data regulations, users have the following rights:

Right of access: The consumer may, upon simple written request, obtain communication of the personal data held about them. Prior to any disclosure, we may require proof of identity to verify the validity of the request.
Right of rectification: In the event of inaccurate data, the user may request that it be updated.
Right of erasure: The user may request the deletion of their personal data, subject to legal obligations.
Right to restriction of processing: The user may request the restriction of the processing of their data under the conditions set out by the GDPR.
Right to object: The user may object to the processing of their data under the conditions defined by the GDPR.
Right to data portability: The user may request the transfer of their personal data in a structured and reusable format.

To exercise these rights, the user may contact us at the following address: 41 Pointe de la Verdure – 97190 Le Gosier or by email at: contact@arawakbeachresort.com

Any request must be accompanied by a copy of a valid identity document and must state the postal address to which the publisher may reply. A response will be provided within one month (extendable by two months in the event of complexity or a high number of requests).

Furthermore, in accordance with Law No. 2016-1321 of 7 October 2016, persons wishing to arrange for the fate of their data after their death may consult the CNIL website (https://www.cnil.fr) or submit a complaint on that same website. We nevertheless recommend contacting us beforehand in order to attempt to resolve the matter amicably.

ARTICLE 6 – USE OF DATA

The personal data collected is intended for:

Making the Platform’s services available;
Improving and optimising the operation of the Platform;
Managing the relationship with the user and providing assistance;
Verifying, identifying, and authenticating information submitted by the user;
Personalising services, including displaying advertisements based on the user’s preferences and browsing history;
Preventing and detecting fraud, malware, and other security incidents;
Managing any disputes with the user;
Sending commercial or promotional information, in accordance with the user’s preferences;
Organising the terms of use of payment services.

The legal basis for these processing activities is the performance of the contract entered into between the user and the Platform.

ARTICLE 7 – DATA RETENTION POLICY

The Platform retains personal data for as long as necessary to provide its services or to provide support to the user.

In addition, in order to comply with legal or regulatory obligations, resolve disputes, prevent fraud, or enforce our general terms and conditions, we may retain certain information, even after the closure of the user account, for the required duration.

ARTICLE 8 – SHARING OF PERSONAL DATA WITH THIRD PARTIES

The user’s personal data may be disclosed to third parties located within the European Union in the following circumstances:

For the implementation of payment services, the Platform communicates the necessary information to the banking and financial partners with whom it has entered into agreements;
When the user publishes information in publicly accessible comment areas;
When the user expressly authorises a third party to access their data;
For the use of service providers responsible for support, advertising, or payment services. These service providers have limited access to the data, strictly within the scope of carrying out their tasks, and are contractually bound to comply with applicable data protection regulations;
If required by law, the Platform may be required to transmit data in order to respond to claims, or to comply with administrative or judicial obligations.

ARTICLE 9 – OPT-OUT FROM TELEPHONE CANVASSING

The user may receive commercial offers from the publisher.

If the user does not wish to receive such offers, they have the right to register free of charge on the telephone canvassing opt-out list Bloctel.

For more information, please visit the following website directly: https://www.bloctel.gouv.fr/

ARTICLE 10 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale may be amended at any time by Arawak Beach Resort.

In the event of any amendment, the Client will be informed by any appropriate means prior to the commencement of the performance of the services.

The new version of the General Terms and Conditions of Sale shall apply to the relationship between the parties from the effective date communicated.

ALL INCLUSIVE