General terms and conditions | Hôtel Arawak Beach Resort, Guadeloupe
Article 1- Order with obligation to pay
Article L. 221-14 of the Consumer Code states that:
‘For contracts concluded by electronic means, the trader shall remind the consumer, before he places his order, in a legible and comprehensible manner, of the information relating to the essential characteristics of the goods or services which are the subject of the order, their price, the duration of the contract and, where applicable, the minimum duration of the consumer’s obligations under the contract, as provided for in Article L. 221-5.
The trader shall ensure that the consumer explicitly acknowledges his obligation to pay when placing an order. To this end, the function used by the consumer to validate his order shall include the clear and legible words: order with obligation to pay or a similar unambiguous wording indicating that placing an order requires payment.
E-commerce sites shall clearly and legibly indicate, at the latest at the start of the order process, the means of payment accepted by the professional and any delivery restrictions.’
Article 2- Right of withdrawal
Article L. 221-28 defines the cases in which the right of withdrawal cannot be exercised.
Article L.221-28-12° of the French Consumer Code states that for contracts for ‘the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or at a specific time’, consumers do not have the right of withdrawal when they enter into a distance contract.
However, article L.221-5 of the French Consumer Code states that:
‘Prior to the conclusion of a contract for the sale or supply of services, the trader shall provide the consumer, in a legible and comprehensible manner, with the following information:
1° The information provided for in articles L. 111-1 and L. 111-2 ;
2° Where the right of withdrawal exists, the conditions, timeframe and procedures for exercising this right, as well as the standard withdrawal form, the conditions of presentation and particulars of which are laid down by decree in the Conseil d’Etat;
3° 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 returning the goods where, due to their nature, they cannot normally be returned by post;
4° Information on the consumer’s obligation to pay a fee if he exercises his right to withdraw from a contract for the provision of services, the supply of water, gas or electricity or a subscription to a district heating network which he has expressly requested to be performed before the end of the withdrawal period; this fee is calculated in accordance with the procedures laid down in Article L. 221-25.
5° Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal; (…)’.
Consequently, in the context of distance selling of the services we offer, the consumer does not and cannot exercise his right of withdrawal.
Article 4 – Information about the mediator
Article L. 616-1 of the French Consumer Code states that: ‘Any trader shall inform the consumer, in accordance with the procedures laid down by decree in the Conseil d’Etat, of the contact details of the competent mediator or mediators to whom he is answerable’.
Article R. 616-1 of the same code states that: ‘Pursuant to Article L. 616-1, the trader shall inform the consumer of the contact details of the consumer ombudsman or ombudsmen to which he is answerable, by displaying this information in a visible and legible manner on his website, on his general terms and conditions of sale or service, on his order forms or, in the absence of such media, by any other appropriate means. It also mentions the website address of the mediator or mediators.
In the event of a dispute between Arawak Beach Resort and the Client, they will endeavour to find an amicable solution.
In the absence of an amicable agreement, the Customer is informed of the possibility of opting for conventional mediation or any other alternative form of dispute resolution.
In accordance with order no. 2015-1033 of 20 August 2015 and application decree no. 2015-1382 of 30 October 2015, the Customer may, for any consumer dispute, submit his/her complaint free of charge to the consumer mediator competent for Arawak Beach Resort, namely UMIH DIRECT GUADELOUPE, within a period of one year from the written complaint sent to Ritz Paris, subject to article L612-2 of the French Consumer Code.
The Customer remains free to decide whether or not to have recourse to mediation. In the event of recourse to mediation initiated by Arawak Beach Resort, the Client may also freely decide to accept or refuse this recourse. Following the mediator’s decision, each party retains the right to accept or reject the proposed solution.
In the event of a dispute relating to the execution of an order (Services), if the Customer is a final consumer who is a natural person, he/she may have recourse free of charge to conventional mediation or to another alternative method of dispute resolution.
Article 5 – Data collection and protection
Your data is collected by Arawak Beach Resort.
Personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number or one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
The personal information that may be collected on the site is mainly used by the publisher to manage relations with you and, where applicable, to process your orders.
The personal data collected is as follows
– Full name
– Your address
– E-mail address
– Telephone number
– Financial data: as part of the payment process for products and services offered on the Platform, the Platform records financial data relating to the user’s credit card.
Article 6 – Right of access, rectification and referencing of your data
Pursuant to the regulations applicable to personal data, users have the following rights:
right of access: they may exercise their right of access to their personal data by writing to the e-mail address given below. In this case, before exercising this right, the Platform may request proof of the user’s identity in order to verify its accuracy;
the right of rectification: if the personal data held by the Platform is inaccurate, they may request that the information be updated;
the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws;
the right to restrict processing: users may ask the Platform to restrict the processing of personal data in accordance with the assumptions set out in the RGPD;
the right to portability: they may request that the Platform provide them with the personal data they have supplied in order to transfer it to a new Platform.
You can exercise this right by contacting us at the following address: 41 pointe de la verdure- 97190 Le Gosier
Or by email to: contact@arawakbeachresort.com
All requests must be accompanied by a photocopy of a valid, signed identity document and state the address at which the publisher may contact the applicant. A reply will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests so require.
In addition, and since Law no. 2016-1321 of 7 October 2016, individuals who so wish, have the option of organising the fate of their data after their death. For more information on this subject, you can visit the CNIL website: https://www.cnil.fr/.
Users may also lodge a complaint with the CNIL on the CNIL website: https://www.cnil.fr.
We recommend that you contact us first before lodging a complaint with the CNIL, as we are entirely at your disposal to resolve your problem.
Article 7 – Use of data
The personal data collected from users is used to provide and improve the Platform’s services and to maintain a secure environment. The legal basis for processing is the performance of the contract between the user and the Platform. More specifically, the data is used for the following purposes
– access to and use of the Platform by the user ;
– management of the operation and optimisation of the Platform;
– implementation of user assistance;
– verification, identification and authentication of data transmitted by the user;
– personalising services by displaying advertisements according to the user’s browsing history and preferences;
– prevention and detection of fraud, malware (malicious software) and management of security incidents;
– management of any disputes with users;
– sending commercial and advertising information according to the user’s preferences;
– organising the conditions of use of the Payment Services.
Article 8 – Data retention policy
The Platform retains your data for as long as is necessary to provide its services or support to you.
To the extent reasonably necessary or required to satisfy legal or regulatory obligations, settle disputes, prevent fraud and abuse or enforce our terms and conditions, we may also retain some of your information as necessary, even after you have closed your account or we no longer need it to provide our services to you.
Article 9 – Sharing personal data with third parties
Personal data may be shared with third-party companies exclusively in the European Union, in the following cases:
– when the user uses the payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts;
– when the user publishes publicly accessible information in the Platform’s free comment areas;
– when the user authorises a third party’s website to access his/her data;
– when the Platform uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the Platform may transmit data in order to follow up claims made against the Platform and to comply with administrative and legal proceedings.
Article 10 – Commercial offers
You may receive commercial offers from the publisher. If you do not wish to receive such offers, please click on the following link: https://www.bloctel.gouv.fr/
Your data may be used by the publisher’s partners for commercial prospecting purposes. If you do not wish this, please click on the following link: .
If, when consulting the site, you access personal data, you must refrain from any collection, any unauthorised use and any act that may constitute an infringement of the privacy or reputation of individuals. The publisher declines all responsibility in this respect.
The data is kept and used for a period in accordance with the legislation in force.
Article 11 – Modification
These GTC may be amended at any time. In this case, the Hotel shall notify the Customer of the changes prior to the commencement of the services. The new version of the GTC shall then apply to the relationship between the parties.