Legal information

Publishing company: The Originals City, Hôtel Harys

URL: www.hotelharys.com

Company: HARIS

Legal form: SAS (simplified joint stock company)

Head office: 12 place du Général Leclerc, 18000 Bourges, France

SIRET: 92876262400015

Share capital: €5,000

RCS: 928762624

Intra-Community VAT number: FR35928762624

APE code: Hotels and similar accommodation (5510Z)

Email: contact@hôtelharys.com

Publishing Director, Legal Representative: Mr Antoine LAVILLAINE

 

Webmaster/Website creation: MMCréation

URL: www.mmcreation.com

Company: MMCréation

Legal form: Limited liability company (SARL)

HEAD OFFICE: 32 avenue de Wagram – 75008 Paris

SIRET: 339 237 992 00047

SHARE CAPITAL: €38,112.00

RCS: 339 237 992 R.C.S. PARIS

Intra-community VAT: FR 76 339 237 992

APE code: 6312Z

Email: info@mmcreation.com

 

Website creation

URL: www.grisbiche.fr

Company: Grisbiche

Legal form: Simplified joint stock company (SAS)

HEAD OFFICE: 101 B avenue de Tours, 37400 Amboise, France

SIRET: 990 654 626 00011

SHARE CAPITAL: €4,000

RCS: 990 654 626 R.C.S. Tours

Intra-community VAT: FR96 990 654 626

APE code: 70.21Z

Email: bonjour@grisbiche.fr

 

Hosting and Publication: OVH

URL: www.ovh.com

Company: OVH

Legal form: Simplified joint stock company (SAS)

HEAD OFFICE: 2 rue Kellermann – 59100 Roubaix – France

SIRET: 424 761 419 00045

SHARE CAPITAL: €10,069,020

RCS: Lille Métropole 424 761 419

Intra-community VAT: FR 22 424 761 419

APE code: 6311Z

Tel: +33 9 72 10 10 07

Email: cil@ovh.net

 

Definitions

Terms of Use: refers to these Terms and Conditions of Use of the www.hotelharys.com website.

Customer: any professional or natural person capable within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Website covered by these general terms and conditions.

Content: All elements constituting the information present on the Website, in particular texts, images and videos.

User Account: refers to the space reserved for the storage of User data.

Personal Data: refers to all information relating to an identified or identifiable natural person.

Hotelier: refers to professionals in the hotel and/or catering industry, listed by the Publisher and offering their services on the Website.

Parties: refers jointly to a User and the Publisher, in the context of making an online booking.

Data Subject: refers to the natural person concerned by the Processing of Personal Data.

Service: refers to non-residential accommodation, catering and other ancillary services provided by Hoteliers and which can be booked via the Website.

Service: refers to the set of tools put in place by the Publisher, enabling the User to book services with establishments listed by the Publisher.

Processing of Personal Data: refers to any operation or set of operations performed on such data, regardless of the process used, including collection, recording, organisation, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, reconciliation or interconnection, as well as locking, erasure or destruction. Processing is said to be ‘automated’ when the processing carried out results in the creation of computer files or databases, regardless of the means or computer medium used, as well as any procedure for consulting or remotely transmitting personal information, regardless of the means of telecommunication used.

User: refers to the natural or legal person, individual or professional who makes an online reservation.

Visitors: refers to natural or legal persons, individuals or professionals who, for whatever reason, consult one or more pages of the Website without benefiting from the Services.

 

1. Privacy policy - protection of personal data

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://hotelharys.com/ are hereby informed of the identity of the various parties involved in its creation and monitoring:

Publication manager: Guilpain - dguilpain@axioncom.fr

The publication manager is a natural person or a legal entity.

Webmaster: MM Création - 32 Avenue de Wagram 75008 Paris - +33(0)1 45 74 76 00

Host: ovh-2 rue Kellermann 59100 Roubaix 1007

Data Protection Officer: Dongais - david.dongais@actimum-consulting.com

The Publisher endeavours to use appropriate administrative, technical and organisational measures to protect Personal Data. To this end, it complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as the provisions still in force of Law No. 78-17 of 6 January 1978 on information technology, files and freedoms.

As the purposes and means of processing are defined jointly by the Publisher in connection with the booking of Services on the Website and by the Hotelier in connection with invoicing, payment and the performance of Services, they are considered to be joint controllers.

The User is required to tick the specific box provided for this purpose in order to consent to the collection and processing of their personal data. Failure to do so will result in access to the service being denied.

If the User has reason to believe that their interactions on the Website are no longer secure, they should contact the Publisher using the contact details provided in the ‘Contact’ section.

 

1.1. COLLECTION OF PERSONAL DATA

The Publisher collects personal data relating to Users of the Website that is strictly necessary for the provision of the Services, namely:

Identification data: Title, surname, first name, postal address (including postcode, town/city, country), e-mail address, telephone number, billing address and, where applicable, the age of any children.

Usage history data: membership of the Loyalty Programme, important dates, previous stays or interactions as a User, products and/or services used, requests for services and/or special arrangements:

Data relating to membership or the loyalty programme; Milestones; Previous stays or interactions as a customer, products and services purchased, requests for special services and arrangements; Customer preferences and personalised data; Social media account IDs, profile photo and other data already in the public domain, or information made available by linking social media and loyalty accounts.

 

Personal data is collected:

- Through online questionnaires that the User completes when making various requests for information (bookings, questionnaires, customer account preferences, etc.);

- Through the integration of data from the User's social media account(s). In order to be implemented, this data integration must be expressly authorised by the User by validating the proposal made to this effect;

 

Use of cookies:

In addition to the collection of personal data defined above, data may also be collected when browsing the Website via a cookie placed on the User's and/or Visitor's computer.

A cookie is a block of data that does not identify the User/Visitor but is used to record information relating to their browsing on the Website (pages viewed, date and time of viewing, etc.). This information may be read by the Website during subsequent connections.

The User and/or Visitor has the option of accepting or refusing the recording of cookies by ticking the box provided for this purpose. Consent given is valid for 13 months.

The Publisher undertakes never to disclose the content of these cookies to third parties, except in the event of a legal request.

 

1.2. PURPOSE OF COLLECTING AND PROCESSING PERSONAL DATA

Personal data is collected and processed by the Publisher for the following purposes:

- To enable the User to book Services,
- Facilitate the Hotelier's performance of the Services booked by the User,
- Optimise the management of User satisfaction issues:

• Transmission and collection of pre- and post-stay questionnaires,
• Access to contact forms,

- Adapt the offer to the User's preferences:

• Account creation,
• Request for quotes and other points of contact in the customer journey,
• Customer service,

- Facilitate the management of the loyalty programme and Guest Management System (customer knowledge management tool)
- Ensure that the content of the site is presented in the most effective way (display, navigation, etc.);
- Enabling the User to participate interactively in the Site's services, subject to their express prior consent;
- Informing the User of any changes to the Site's offering;
- Organising marketing operations, subject to the User's express prior consent.

 

1.3. STORAGE OF PERSONAL DATA

The personal data collected are stored in a secure database on the Publisher's and/or Subcontractor's servers.
The Users' personal data is kept :

• When a Service has been booked, for a period of five years, corresponding to the limitation period of common law in contractual matters (Article 2224 of the Civil Code);
• When no Service has been reserved, for a period of three years, for commercial solicitations;
• Credit card details are not recorded or kept in the Site's databases.

 

1.4. TRANSFER OF PERSONAL DATA

In order to achieve the purposes referred to in paragraph "b" of this article, the personal data collected may be transferred to third parties, including

• Hoteliers, for the provision of the Service,
• the banking platform, for the realization of the online prints,
• online hotel reservation platforms, including TravelClick,
• commercial partners (travel agencies, all operators, etc.)

The User is informed that in the context of the transfer of data necessary for the provision of the Service, Personal Data may be communicated to persons located outside the European Union (hereinafter "EU") and/or the European Economic Area (hereinafter "EEA").
The validation of the present TOS implies the User's express authorization for the transfer of his data outside the EU and the EEA, for the sole purpose of providing the Service. In this case, the Publisher will ensure that the transfer of the User's personal data is carried out within the framework of a data transfer agreement established on the basis of the standard contractual clauses adopted by the European Commission or by a control authority with the approval of the European Commission.

 

1.5. USER RIGHTS

The User has all the rights provided for by the Data Protection Act of 6 January 1978 and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2017), including the right of access, rectification, opposition, to be forgotten, to restriction of processing, to portability, to information and to communication.

The User may exercise all of these rights by contacting the Data Controller at the addresses listed in section 1.

In accordance with the right to information and communication, any communication of copies of the data collected, beyond the first copy which is free of charge, will be subject to a fee of £200.

 

1.6. HYPERTEXT LINKS

The Website may contain certain links to other websites that are beyond our control and not covered by this privacy policy. The Publisher is not responsible for the content of such websites, nor for the way in which your personal data is collected and used on them.

 

1.7. CHANGES TO THE PRIVACY POLICY

The Publisher reserves the right to change the privacy policy at any time. It will indicate any changes by updating the date at the top of the privacy policy. Users are invited to visit this page regularly.

 

2. Terms of use

2.1 - Purpose : The purpose of these Terms and Conditions is to define the terms and conditions for the provision of the Service by the Publisher to Users. They do not apply to the execution of the Services for which only the Hoteliers are responsible.

2.2 - Validity : Any use of the Service implies the User's full and unreserved acceptance of the GCU.
The Publisher reserves the right to adapt or modify the GCU at any time. For each order, the applicable TOS are those in force on the day of the validation of the order by the User.

Any contrary or different provision invoked by the User, in the absence of express and written acceptance of the Editor, will be inopposable to the latter, whatever the moment when it could have been brought to its knowledge. The fact that the Editor does not take advantage at a given time of any of the provisions of the TOS cannot be interpreted as a waiver to take advantage of it later. In the event that a clause of this Agreement is or becomes null and void or voidable, this shall not affect the validity of the other clauses, and the disputed clause shall be deemed unwritten.

2.3 - Access to the Service: Access to the Service is reserved for persons with full legal capacity and is subject to acceptance of these TOU.
The User is required to check the specific box provided for this purpose, in order to accept the application of the GCU. Otherwise, access to the Service will be denied.

 

3. Online booking procedures

3.1 - Posting of Services: The Hotel Owners are solely responsible for the information provided about the Services on the Site: photos, descriptions, etc.

Any complaint may be addressed to the Site's Customer Service Department, which will contact the Hotel Owner concerned.

3.2 - Prices: Prices are set by each Hotelier for its own Services. They are indicated in Euros "including VAT". In certain cases, prices may be displayed in the local currency of the place where the Service is to be performed and the price paid.

The Hotel Owner has the right to modify its prices at any time. The price applicable to a reservation is the one displayed in the reservation validation.
The price displayed will be increased by a tourist tax payable directly to the Hotel, the amount of which will be stipulated on the reservation confirmation.

3.3 - Reservation: The User selects the Service(s) offered on the Site by clicking on the button provided for this purpose. The whole selection is displayed in the "Total Price" tab.

At any time, before the validation of the reservation, the User can cancel or modify the selected Services, visualize the details, the characteristics, the quantities, the amount to pay, etc.

A summary of the reservation is presented to the User before proceeding with the validation.

3.4 - Payment
The total amount of the reservation must be paid directly to the hotel.

However, the User will be asked to provide his or her credit card identification details in order to guarantee the reservation.

In the case of special pre-payment offers and hotels requiring a deposit or advance payment at the time of booking, no deduction is made by the Publisher. Any payment, regardless of its nature, is made between the Hotel Owner and the User, outside the Website, and has no impact on the confirmation of the reservation.

The User shall be informed by the Hotel Owner of the amount and conditions of payment of the deposit or advance and must be expressly accepted by the User. These exchanges must be made exclusively in writing and communicated by the Hotel Owner to the Publisher.

3.5 - Confirmation of the reservation: An e-mail confirming the reservation, which implies a commitment by the Hotel Owner, is sent by the Site to the User after the availability has been checked automatically and immediately. If the User does not receive this e-mail, he/she must contact the Publisher's Customer Service.

In the case of special pre-payment offers and hotels requiring a deposit or advance payment at the time of reservation, the reservation confirmation becomes firm and definitive only after receipt of said payment by the Hotelier.

The confirmation of the reservation will be archived by the Site and considered as proof of the nature of the agreement and its date.

3.6 - Performance of Services: The Services are performed by the Hotel Owner in accordance with the reservation confirmation. The User is advised to go to the chosen hotel with a copy of the reservation confirmation.

3.7 - Cancellation - Right of withdrawal: In accordance with the provisions of 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 specific date or according to a specific schedule, do not benefit from the right of withdrawal.
The cancellation policy is specific to each Hotelier. Users wishing to cancel their reservations must contact the Hotel Owner directly using the contact information provided in the reservation confirmation.

 

4. Responsibility

Of the Editor - The Editor undertakes to provide the Services with diligence and according to the rules of the art, it being specified́ that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

The Publisher provides Users with tools and technical means enabling them to book the Services. Its responsibilitý is limited to the provision of these means, as described herein.

The Publisher undertakes to carry out regular checks in order to verify the functioning and accessibilitý of the Site. In this respect, he reserves the facultý to interrupt momentarily the access to the Site for maintenance reasons.

The Publisher cannot be held responsible for difficulties or momentary impossibilities of access to the Site which would have for origin circumstances which are external to it, force majeure, or which would be due to disturbances of the telecommunication networks.

The Editor reserves the right to insert on any page of the Site and any communication to the Users any advertising or promotional messages in a form and under conditions of which the Editor will be the sole judge.

The Editor can in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would access through the Site.

The Editor is not responsible for the contents, advertisements, products and/or services available on such third party websites and mobile applications which are governed by their own terms of use.

The Editor is not responsible for transactions between the User and any advertiser (including its partners) to which the User is directed through the Site and shall not be party to any dispute with these third parties concerning the delivery of products and/or services, guarantees, declarations and other obligations of any kind to which these third parties are bound.

From the Hotel Owner - The Hotel Owners are solely responsible, with respect to the Users, for all the guarantees due under the Services, by the service providers, under the conditions of common law.

The User - The User undertakes to provide accurate information and to keep it up to date with any changes affecting it.

The User undertakes to use the Site, the Services and the Services strictly in accordance with the law. He takes this commitment both for himself and for the persons in whose name he could act.

The User must take the necessary measures to save by his own means the information of his User Account that he considers necessary. The copies that he would like to obtain can be obtained as stated in article 2 a and b.

It is strictly prohibited to use the Services for the following purposes

• the exercise of illegal or fraudulent activities or activities that infringe on the rights or safety of third parties,
• undermining public order or violating applicable laws and regulations,
• intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
• sending unsolicited emails and/or commercial solicitations,
• manipulations intended to improve the referencing of a third site,
• the use of the Site to disseminate information or links redirecting to a third party site,
• assistance or incitement, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
• and more generally any practice that diverts the Services to purposes other than those for which they were designed.

It is strictly forbidden for Users to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Site.

The following are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Publisher's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any infringement of security and authentication measures, (vi) any act that may damage the financial, commercial or moral rights and interests of the Editor, the Hotelkeepers and/or other Users, and more generally (vii) any breach of these terms and conditions.

It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Site, as well as to the information hosted and/or shared there.

In case of breach of any of the provisions of these TOU or more generally, of violation of laws and regulations in force by a User, the Editor reserves the right to take any appropriate action and in particular to:
1. suspend the access to the Site and to the Services of the User, author of the breach or the infringement, or having participated in it,
2. delete his User Account,
3. to publish on the Site any information message that the Editor will consider useful,
4. to warn any concerned authority,
5. take any legal action.

BLOCTEL DEVICE:
To no longer receive unsolicited commercial telephone calls, you can register on the Bloctel list: https://www.bloctel.gouv.fr/

 

5. Intellectual property of the publisher

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by the Editor within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies and more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorization of the Editor, and, if necessary, of the Artists, are strictly prohibited and may be subject to legal proceedings.

6. Settlement of disputes

6.1 - Language : The Editor reserves the right to translate the Site and its contents into any language of his choice. However, only the French language will be used in the event of a dispute.

6.2 - Applicable law : The present GTU as well as the Services provided are subject to French law.

6.3 - Invalidity: If one or more stipulations of the GCU are held to be invalid or declared null and void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

6.4 - Non-waiver : The fact that the Editor does not take advantage of a breach by the User of any of the obligations arising from these GTUs cannot be interpreted for the future as a waiver of the obligation in question.

6.5 - Mediation: Users not acting for professional purposes have the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute concerning the execution of these GTUs that may arise between them and the Publisher and/or the Hotel Owner, in accordance with the conditions set forth in Articles L611-1 et seq. and R152-1 et seq. of the Consumer Code. After having contacted the customer service department and in the absence of a satisfactory response within 1 month, the customer may refer the matter to the Tourism and Travel Mediator, whose contact details are given below:
Postal address: Tourism and Travel Mediation
BP 80 303 75 823
Paris Cedex 17
Website: www.mtv.travel

6.6 - Competent jurisdiction: In the event that an amicable solution, including mediation, could not be found, any dispute concerning the validity, interpretation and/or execution of the present contract, the competent jurisdiction will be designated in accordance with common law.