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 recalled 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 being ordered, their price, the duration of the contract, and, where applicable, the minimum duration of the consumer’s obligations as provided in Article L.221-5.
The professional must ensure that the consumer explicitly acknowledges, when placing the order, their obligation to pay. To this end, the function used to confirm the order must include the clear and legible wording ‘Order with payment obligation’ (or any other equivalent and unambiguous phrase) indicating that placing an order entails payment.
E-commerce websites must indicate clearly and legibly, at the latest at the beginning of the ordering process, the accepted payment methods and any applicable 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 states that, for contracts relating to the provision of accommodation services (other than residential), transport of goods, car rental, catering, or leisure activities provided on a specific date or during a specific period, the consumer does not benefit from the right of withdrawal for distance contracts.

Furthermore, according to Article L.221-5 of the Consumer Code, before concluding a sales or service contract, 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;
When a right of withdrawal exists, the conditions, period, and procedures for exercising this right, as well as the standard withdrawal form, whose format and required information are determined by decree;
Where applicable, the fact that the consumer bears the cost of returning goods in the event of withdrawal, and for distance contracts, the cost of returning goods that cannot normally be returned by post due to their nature;
Information regarding the obligation to pay fees when the consumer exercises the right of withdrawal for service contracts, water supply, gas or electricity provision, or district heating subscriptions, where performance has begun before the end of the withdrawal period (these fees being calculated as provided for in Article L.221-25);
When the right of withdrawal is excluded pursuant to Article L.221-28, information concerning this exclusion and, where applicable, the circumstances under which the consumer loses this right.

As part of the distance sale of services offered through our Platform, the consumer expressly waives their right of withdrawal.

Article 3 – Information regarding the Mediator

In accordance with Article L.616-1 of the French Consumer Code, the professional must provide the consumer, in the manner set by decree, with the contact details of the competent mediator(s). Furthermore, Article R.616-1 specifies that this information must be made visible and legible on the website, within the general terms and conditions of sale or service, on order forms, or, if none of these are available, by any other appropriate means, and must include the mediator’s website address.

In the event of a dispute between Arawak Beach Resort and the Client, the parties will endeavor to reach an amicable resolution. 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 August 20, 2015, and Implementing Decree No. 2015-1382 of October 30, 2015, the Client may, for any consumer dispute, contact the competent consumer mediator for Arawak Beach Resort, namely MEDIATION TOURISME ET VOYAGE (MTV), free of charge, within one year from the date of the written complaint sent to Arawak Beach Resort.

The Client remains free to accept or decline mediation.
If Arawak Beach Resort proposes mediation, the Client is equally free to accept or refuse the proposed solution. After the mediator’s decision, each party remains free to accept or reject the outcome.

In the event of a dispute relating to the performance of an order (services), if the Client is a final consumer (a natural person), they may freely resort to conventional mediation or any other alternative dispute resolution method.

Article 4 – Collection and Protection of Data

Personal data is collected by Arawak Beach Resort.
Personal data refers to any information relating to an identified or identifiable natural person (“data subject”). A person is deemed identifiable when they can be identified, directly or indirectly, in particular by reference to a name, an identification number, or one or more elements specific to their physical, physiological, genetic, psychological, economic, cultural, or social identity.

The personal information collected via the website is mainly used to manage the relationship with the user and, where applicable, to process their orders. The data collected includes, in particular:

First and last name;
Postal address;
Email address;
Telephone number;
Financial information: in connection with 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 regulations on personal data, users have the following rights:

Right of access: The consumer may obtain, upon written request, communication of their personal data. Prior to any disclosure, proof of identity may be required to verify the legitimacy of the request.
Right of rectification: In case of inaccurate data, the user may request its correction or update.
Right of erasure: The user may request deletion of their personal data, subject to legal obligations.
Right to restriction of processing: The user may request the restriction of data processing under the conditions provided 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 transmission of their personal data in a structured and reusable format.

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

All requests must be accompanied by a valid form of identification and indicate the postal address to which the publisher may respond. A reply will be provided within one month (extendable by two months in the event of complexity or a high number of requests).

Furthermore, pursuant to Law No. 2016-1321 of October 7, 2016, individuals wishing to organize the handling of their data after death may consult the CNIL website (https://www.cnil.fr) or file a complaint on the same site. However, we recommend contacting us first to attempt an amicable resolution.

Article 6 – Use of Data

The personal data collected is used for the following purposes:

Provision of Platform services;
Improvement and optimization of Platform performance;
Management of user relationships and support services;
Verification, identification, and authentication of user-submitted information;
Personalization of services, including advertising display based on preferences and browsing history;
Prevention and detection of fraud, malware, and other security incidents;
Management of potential disputes with users;
Sending commercial or promotional information, according to user preferences;
Management of payment service usage.

The legal basis for such processing is the performance of the contract 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 assist the user.
Furthermore, in order to comply with legal or regulatory obligations, resolve disputes, prevent fraud, or enforce our terms and conditions, certain information may be retained even after the user’s account is closed, for the required duration.

Article 8 – Sharing of Personal Data with Third Parties

User personal data may be shared with third parties located within the European Union in the following situations:

To process payment services, the Platform shares the necessary information with banking and financial partners;
When the user publishes information in publicly accessible comment areas;
When the user expressly authorizes a third party to access their data;
To use service providers responsible for assistance, advertising, or payment processing. These providers have limited access to data strictly for the purpose of performing their duties and are contractually bound to comply with data protection laws;
If required by law, the Platform may transmit data to respond to claims or comply with administrative or judicial obligations.

Article 9 – Objection to Telephone Solicitation

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 Bloctel telephone solicitation opt-out list.
For more information, please visit: https://www.bloctel.gouv.fr/

Article 10 – Amendments to the General Terms and Conditions of Sale

These General Terms and Conditions of Sale (GTCS) may be amended at any time by Arawak Beach Resort.
In the event of modification, the Client will be informed by any appropriate means prior to the start of service performance.
The new version of the GTCS will apply to the relationship between the parties from the date of entry into force indicated.

ALL INCLUSIVE