1. IDENTIFICATION AND DETAILS
Publisher – Data Controller: EUROPEENNE D’HOTELLERIE, a limited company retail traders’ cooperative with variable capital whose head office is located at 22 Rue Maurice Grimaud – 75018 - Paris, identified in the SIRENE directory under number 328 179 726 and registered with the Paris Trade and Companies Register.
- Adress: 22, rue Maurice Grimaud 75018 Paris
- Email: [email protected]
- Phone number : 0142064141
Publication Director: Philippe Marguet
- Adress : 22, rue Maurice Grimaud 75018 Paris
- Email: [email protected]
- Phone number: 0142064141
Host: Iguana Solutions USA
- Adress : 2318 Frey Ave, Venice, Los Angeles
- Phone number: +19175039886
Website: means the commercial website https://www.theoriginalshotels.com
Data Processor: Travelclick Europe SL
- Contact : Jan Tissera - President International
- Adress: Via Augusta 117, 08006 Barcelona SPAIN
Data Subject: means the natural person targeted by a Personal Data processing operation.
GTCU: means these General Terms and Conditions of Use of theoriginalshotels.com Website.
Hotelier: means professionals from the hotel and/or catering industry, listed by the Publisher and offering hotel services on the Website.
Hotel Service: means the non-residential accommodation, catering and other related services provided by Hoteliers and that can be booked via the Website.
Parties: means, jointly, a User and the Publisher, in the context of making a booking online.
Personal Data: means all the information relating to an identified or identifiable natural person.
Processing of Personal Data: means any operation or set of operations involving such data, irrespective of the process used, including the collection, recording, organisation, storage, adaptation or modification, extraction, viewing, use, communication by transfer, broadcast or any other form of provisioning, reconciliation or interconnection, and blocking, erasure or destruction. The processing is said to be “automated” when the processing operations result in the computerisation of files or databases, and this regardless of the means or the computer medium, as well as any viewing procedure, remote transmission of personal information, whatever the means of telecommunication used.
User: means the natural or legal person, individual or professional who makes a booking online.
User Account: means the area reserved for storing the User’s data.
Visitors: means the natural or legal persons, individuals or professionals who, for any reason whatsoever view one or more pages of the Website without benefiting from the Website Services.
Website Service: means all of the tools provided by the Publisher, enabling the User to book hotel services with the establishment listed by the Publisher.
The Publisher strives to use appropriate administrative, technical, and organisational means to protect Personal Data. To this end, it complies with the requirements of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of data, as well as the provisions still in force of French Data Protection Act no. 78-17 of 6 January 1978.
As the purposes and the means of the processing are defined jointly by the Publisher within the context of the booking of the Hotel Services on the Website and by the Hotelier as part of the invoicing, payment and provision of the Hotel Services, they are considered to be jointly responsible for the processing.
The User must tick the specific box provided for this purpose, in order to agree to the collection and processing of his personal data. Failing this, he will be refused access to the website service.
If the User has reason to believe that his interactions on the Website are no longer secure, he must contact the Publisher by means of the details provided under the “Contact” heading.
a. Collection of personal data
The Publisher collects personal data relating to Users of the Website, that are strictly necessary for providing the Website Services, namely:
Identification data: Title, first name, last name, postal address (with post code, city, country), e-mail, telephone number, billing address, and, if applicable, age of children.
Usage history data: loyalty scheme membership, key dates, previous User stays or interactions, products and/or website services used, service requests and/or special arrangements:
1. Membership or loyalty scheme data;
2. Key dates;
3. Stays or prior interactions as a guest, products and services purchased, service requests and special arrangements;
4. Guest preferences and personalised data;
5. Social network account identifiers, profile photo and other publicly available data, or information made available by linking to social network and loyalty accounts.
Personal data is collected:
- By means of online questionnaires that the User completes as part of the various requests for information put to him (Booking, Questionnaires, Guest Account Preferences, etc.);
- By incorporating data from the User’s account(s) into the Social Networks. To be implemented, this data integration must be expressly authorised by the User by validating the proposal made to this effect;
In addition to the collection of personal data defined above, data may also be collected during browsing on the Website via a cookie placed in the User’s and/or Visitor’s computer.
The cookie is a block of data that does not identify the User/Visitor but is used to record information relating to his browsing on the Website (pages viewed, date and time of viewing, etc.). Information that may be read by the Website during subsequent connections.
The User and/or the Visitor have the option to accept or oppose the storage of “cookies” by ticking the box provided for this purpose. The consent given is valid for 13 months.
The Publisher undertakes never to disclose the content of these “cookies” to third parties, unless by legal order.
b. Purpose of the collection and processing of personal data
Personal data are collected and processed by the Publisher in order to:
-Enable the User to book Hotel Services,
-Facilitate the execution by the Hotelier of the Hotel Services booked by the User,
-Optimise the management of the User’s satisfaction questions:
-Transfer and collect questionnaires pre- and post-stay,
-Access contact forms,
-Enable the offer to be adapted to the User’s preferences:
-Create an account,
-Request an estimate and other points of contact of the guest experience,
-Facilitate the management of the loyalty scheme and Guest Management System
-Ensure that the Website content is presented in the most efficient way (display, browsing, etc.);
-Enable the User to participate interactively in the Website’s services, subject to his express and prior agreement;
-Inform the User of any change in the Website’s offer;
-Organise marketing operations, subject to the User’s express and prior agreement.
c. Storage of personal data
The collected personal data are stored in a secure database on the Publisher’s and/or Processor’s servers.
The Users’ personal data are stored:
-When a Hotel Service has been booked, for a period of five years, corresponding to the common law limitation period in contractual matters (Article 2224 of the French Civil Code);
-When no Hotel Service has been booked, for a period of three years, for commercial offers;
-Credit card details are not saved or stored on the Website’s databases.
d. Transfer of personal data
In order to fulfil the purposes referred to in paragraph “b” of this article, the collected personal data may be transferred to third parties, in particular:
- Hoteliers, for the provision of the Website Service,
- The banking platform, to create online fingerprints,
- Online hotel booking platforms, including TravelClick,
- Commercial partners (travel agencies, all operators, etc.)
The User is informed that as part of the transfer of data required to provide the Website Service, Personal Data may be communicated to persons located outside the European Union (hereinafter “EU”) and/or the European Economic Area (hereinafter “EEA”).
The confirmation of these GTCU includes the User’s express authorisation for the transfer of his data outside the EU and EEA, for the sole purpose of providing the Website Service. In this case, the Publisher will ensure that the User’s personal data is transferred as part of a data transfer agreement drawn up on the basis of the standard contractual clauses adopted by the European Commission or by a supervisory authority with approval from the European Commission.
e. User’s rights
The User has all the rights provided by the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2017), right of access, rectification, opposition, right to be forgotten, right to limit processing, right to portability, information and communication.
The User exercises all of his rights with the Data Controller, at the addresses listed in point 1.
Within the context of the right to information and communication, any communication of a copy of the collected data, beyond the first one which is free, will be billed at €200.
f. Hypertext links
4. CONDITIONS OF APPLICATION
4.1 Purpose: The purpose of these GTCU is to define the terms and conditions for the provision of the Website Service by the Publisher to Users. They do not apply to the execution of the Hotel Services which only the Hoteliers are responsible for.
4.2 Validity: Any use of the Website Service implies the User’s entire and unreserved acceptance of the GTCU.
The Publisher reserves the right to adapt or modify the GTCU at any time. For each order, the applicable GTCU are those in force on the day the User confirms the order.
Any contrary or different provision cited by the User, in the absence of the Publisher’s express and written consent, will be unenforceable against the latter, regardless of when it may have been brought to its attention. The fact that the Publisher does not avail itself at any given moment of any of the provisions of the GTCU cannot be interpreted as a waiver of the right to use it at a later date. In the event that a clause hereof is or becomes void or voidable, this will not call into question the validity of the other clauses, and the disputed clause will be deemed unwritten.
4.3 Access to the Website Service: Access to the Website Service is reserved for persons having full legal capacity and subject to acceptance of these GTCU.
The User must tick the specific box provided for this purpose, in order to accept the application of the GTCU. Failing this, he will be refused access to the Website Service.
5. CREATION OF A USER ACCOUNT
The User can create a “User Account” to store his personal data and keep a history of his browsing and transactions.
The User secures his User Account by choosing a username and password that are personal to him and that he undertakes to keep secret and not to disclose. In the event of loss, misappropriation or fraudulent use of the username and/or password, the User agrees to notify the Publisher as soon as possible.
The User is solely liable for access to the Website through his User Account, unless there is evidence of fraudulent use that would not be attributable to him.
Access to the Website Service involves the use of remote communication techniques.
6. ON-LINE BOOKING METHODS
6.1 - Displays of the Hotel Services: Hoteliers are solely liable for the information provided on the Hotel Services, on the Website: photos, descriptions, etc.
Any complaint may be addressed to the Website’s Customer Service, which will contact the Hotelier concerned.
6.2 - Prices: Prices are fixed by each Hotelier for his own Services. They are stated in euros “including VAT”. In some cases prices may be displayed in the local currency of the place where the Hotel Service will be executed and the price paid.
The Hotelier is entitled to changes his prices, at any time. The price applicable to a booking is the one displayed in the booking confirmation.
The price displayed will be increased by a tourist tax payable directly to the Hotel and the amount of which will be stipulated on the booking confirmation.
6.3 - Booking: The User selects the Hotel Services offered on the Website by clicking on the button provided for this purpose. The entire selection is displayed in the “Total Price” tab.
At any time, prior to confirmation of the booking, the User may cancel or modify the selected Hotel Services, view the details, characteristics, quantities, amount to be paid, etc.
A summary of the booking is presented to the User before proceeding to the confirmation.
6.4 - Payment: The total cost of the booking must be paid directly at the hotel.
However, the User will be required to provide the identification details of his credit card to guarantee his booking.
In the case of pre-payment special offers and hotels requesting the payment of a deposit or down payment on booking, no debit is made by the Publisher. Any payment, whatever its nature, takes place between the Hotelier and the User, outside the Website and does not affect the confirmation of the booking.
The User will be informed by the Hotelier, of the amount and conditions of payment of the deposit or down payments and must be expressly accepted by the User. These exchanges must be done exclusively in writing and be communicated by the Hotelier to the Publisher.
6.5 - Confirmation of the booking: A booking confirmation e-mail, stating the Hotelier’s undertaking, is sent by the Website to the User after checking the availability automatically and immediately. If the User does not receive the said e-mail, he should contact the Publisher’s Customer Service.
In the case of pre-payment special offers and hotels requesting the payment of a deposit or down payment on booking, the booking confirmation becomes firm and final only after receipt of said payment by the Hotelier.
Confirmation of the booking will be archived by the Website and considered as proof of the nature of the agreement and its date.
6.6 - Execution of the Hotel Services: The Hotel Services are provided by the Hotelier in accordance with the confirmation of the booking. The User is advised to arrive at the selected hotel with a copy of his booking confirmation.
6.7 - Cancellation - Right of withdrawal: In accordance with the provisions of paragraph 12 of Article L.221-28 of the French Consumer Code, purchases of accommodation services, other than residential accommodation, catering or leisure activities provided on a date or according to a specific periodicity, do not benefit from the right of withdrawal. The cancellation policy is specific to each Hotelier. Users wishing to cancel their booking must contact the Hotelier directly using the details provided in the booking confirmation.
Of the Publisher - The Publisher undertakes to provide the Website Services diligently and according to industry standards, with it being specified that it has an obligation to provide the means, to the exclusion of any obligation to produce a result, which Users expressly recognise and accept.
The Publisher provides Users with tools and technical means enabling them to book the Hotel Services. Its liability is limited to the provision of these means, as described herein.
The Publisher agrees to conduct regular checks to verify the Website’s operation and accessibility. To this end, it reserves the right to temporarily interrupt access to the Website for maintenance reasons.
The Publisher cannot be held liable for temporary difficulties or inability to access the Website resulting from external circumstances, force majeure, or due to disruption of telecommunication networks.
The Publisher reserves the right to insert on any page of the Website and any communication to Users any advertising or promotional messages in a form and under conditions of which the Publisher will be the sole judge.
The Publisher cannot under any circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including any partners) that the User may access via the Website.
The Publisher accepts no liability for the content, advertising, products and/or services available on such third-party mobile applications and sites given that they are governed by their own terms and conditions of use.
The Publisher is also not liable for transactions between the User and any advertiser (including any partners) to which the User would be directed via the Website and cannot in any case be party to any disputes with third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations to which such third parties are bound.
Of the Hotelier - Hoteliers are solely liable, towards the Users for all the guarantees due under the Hotel Services, by the service providers, under the conditions of common law.
Of the User – The User agrees to provide accurate information and to update it with any changes affecting it.
The User agrees to use the Website Services and Hotel Services strictly in compliance with the law of the Website. He makes this commitment both for himself and for the persons on whose behalf he could act.
The User must take the required measures to back-up by his own means the information of his User Account that he deems necessary. The copies that he wishes to obtain may be obtained as described in Article 2a and b.
It is strictly prohibited to use the Website Services for the following purposes:
-carrying out illegal or fraudulent activities or infringing the rights or security of third parties,
-public order offences or breaking the laws and regulations in force,
-intrusion into a third party’s computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system, by breaching its integrity or security,
-the sending of unsolicited emails and/or prospecting or commercial solicitation,
-manipulations intended to improve the listing of a third party website,
-use of the Website to circulate information or links redirecting to a third party website,
-aiding or the encouraging, in any form and in any way whatsoever, one or more of the actions and activities described above,
-and more generally any practice misappropriating the Website Services for purposes other than those for which they were conceived.
Users are strictly prohibited from copying and/or misappropriating the concept, technologies or any other element of the Website for their own ends or those of third parties.
Also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Website Services, (ii) any intrusions or attempted intrusions into the Publisher’s systems, (iii) any misappropriation of the Website’s system resources, (iv) any actions likely to impose a disproportionate load on the Publisher’s infrastructure, (v) any breaches of the security and authentication measures, (vi) any acts likely to affect the financial, commercial or moral rights and interests of the Publisher, Hoteliers and/or other Users, and more generally (vii) any breach of these terms and conditions.
It is strictly prohibited to monetise, sell or licence all or part of the access to the Website Services or the Website, as well as the information that is hosted and/or shared there.
In the event of a breach of any provision of these GTCU or more generally, of the laws and regulations in force by a User, the Publisher reserves the right to take any appropriate measure including:
(i) suspending access to the Website and the Website Services of the User, perpetrator of the breach or offence, or having participated in it,
(ii) deleting his User Account,
(iii) posting on the Website any message that the Publisher deems necessary,
(iv) notifying any relevant authority,
(v) undertaking any legal action.
8. THE PUBLISHER’S INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) used by the Publisher within the Website are protected by all intellectual property rights or the rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, duplication and more generally, all acts of reproduction, performance, circulation and use of any of these elements, in whole or in part, without the authorisation of the Publisher, and, where applicable, Artists, are strictly prohibited and may be subject to prosecution.
9. SETTLEMENT OF DISPUTES
9.1 Language: The Publisher reserves the right to translate the Website and its content into any language of its choice. However, only the French language will prevail in the event of a dispute.
9.2 Applicable law: These GTCU and the Website Services provided are subject to French law.
9.3 Nullity: If one or more stipulations of the GTCU are held to be invalid or declared null and void according to a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
9.4 Non-waiver: The fact that the Publisher does not invoke a breach of the User of any of the obligations arising from these GTCU cannot be interpreted for the future as a waiver of the obligation in question.
9.5 Mediation: As the User does not act for professional needs, he has the right to make use of a consumer mediator free of charge for the amicable resolution of any dispute concerning the execution hereof which would be binding on the Publisher and/or the Hotelier, under the conditions provided for in Articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.
For this purpose he can contact the following consumer mediator: Médiateur du Commerce Coopératif et Associé – FCA. By letter, at the following address: 77 Rue de Lourmel – 75015 – Paris. Or by e-mail: [email protected]
9.6 Place of jurisdiction: In the event that an amicable solution, including mediation, cannot be found, any dispute as to the validity, interpretation and/or execution hereof, the place of jurisdiction will be designated pursuant to common law.