PUBLICATION
The publication director of the present website www.hotel-mahogany.com is Carole ADAM (info@deshotelsetdesiles.com) on behalf of the company LEADER SARL with a capital of €7,622.45, listed on the Trade and Companies Register of Paris under the number B339 261 695, APE code 67 08, Company registration number (SIRET) 339 261 695 000 29, with the headquarters located at 120 rue La Boétie, 75008 Paris – France, +33(0)5 42 56 46 98, info@deshotelsetdesiles.com. Register of Tourist Operators: IM971120017.
The data and information collected on this website shall not be passed on to third parties. In accordance with the “Data Protection Act” of January 6th 1978, modified in 2004, you have the right to access and rectify any of your own personal data. These rights can be exercised by sending an email to info@deshotelsetdesiles.com. You can also oppose the processing of your personal data.
DESIGN AND DEVELOPMENT
The present website was created by the agency D-EDGE.
D-EDGE SAS, 14/16 boulevard Poissonnière, 75009 Paris – France, +33(0)1 44 71 05 05.
HOSTING
The website is hosted by:
WPEngine, Inc.
Irongate House, 22-30 Duke’s Place
London, EC3A 7LP, United Kingdom
Phone: +44 (0)8 00 50 53 049
CREDITS AND COPYRIGHT
This website www.hotel-mahogany.com and the content therein is subject to French and international copyright and intellectual property legislation. All reproduction rights are reserved, including iconographic and photographic documents.
GENERAL TERMS AND CONDITIONS OF SALE AND USE
The company LEADER SARL, hereafter known under the commercial name “Des Hôtels & Des Îles”, is a company under French law, with a capital of €7,622,45, the headquarters located at 120 Rue La Boétie, 75008 Paris, listed on the Trade and Companies Register of Paris under the number B339 261 695, Company registration number (SIRET) 339 261 695 000 29, APE CODE 67 08.
Financial security with BNP PARIBAS
Travel Agent’s Public and Professional Liability Insurance (article R. 212-14 of the tourism code TMS)
Travel Agency registration n° IM. 971120017
Tour operator license n° T.
The present terms and conditions are valid from September 20th 2009. This version replaces any previous version.
Article 1. Definitions – Tourism Package – Field of Application
1.1 Definitions
The following definitions have the same meaning, whether they are used in the singular or plural form.
“La Créole Beach Hôtel & Spa” is the hotel owned by the company LEADER
“Des Hôtels et des Iles” is the Company LEADER, the Service Provider
“Partner” is used to describe all other service providers
“Service” is used to describe the tourism packages offered on the website www.deshotelsetdesiles.com
“Website” is the website www.hotel-mahogany.com
“User” is used to describe any user of the Website, who browses, reads, reserves and/or buys one or more Services offered on the Website.
Tourism Package
This is a tourism package for the present Terms and Conditions, the reservation, offered at a fixed price, of a service that lasts longer than 24 hours or includes an overnight stay, and is at least two of the three following items:
The reservation of tourism packages is governed by the first title of Book 2 or the Tourism Code, relating to the organization of the sale of vacations and stays.
In accordance with article R. 211-14 of the French Tourism Code, articles R. 211-5 to R. 211-13 of said Code are provided hereafter, as part of the present Terms and Conditions of Sale.
Added to these dispositions, are the conditions related to reservations made on the website www.hotel-mahogany.com.
1.3 Field of Application
The present terms and conditions of use (hereafter known as “Terms and Conditions”) govern the supply and demand of Services.
The reservation of Services is reserved exclusively for Users who have already been made aware of the entire Terms and Conditions and who have accepted said terms and conditions by ticking the box or clicking the hyperlink. In the absence of this acceptance, it is not technically possible to proceed with the reservation procedure.
Consequently, the User must accept the present Terms and Conditions to be able to finalize their reservation.
The special conditions from Partners (hereafter known as “Special Conditions”) are also applicable to the supply and demand of Services, in exactly the same way as the Terms and Conditions. When the User makes a reservation, this implies they accept the Special Conditions.
The Terms and Conditions may be modified at any time, without prior notice, as long as these amendments are not applied to reservations of Services made earlier. The User is therefore required to consult and accept the Terms and Conditions when they are making a reservation, to ensure they are aware of the dispositions in force.
Article 2. Reservation
2.1 Capacity – Use of the website
The goal of the Website is to assist the User in finding Services relating to travel and tourism, and to make the appropriate reservations, as well as any transactions with the Partners. The User must be at least 18 years old, be legally capable of contracting and using this Website in accordance with the Terms and Conditions.
Except in the event of fraud, in which case they must provide legitimate proof, the User is financially liable for all their actions on the Website, notably for use which requires their User login and password. They shall also guarantee the authenticity and accuracy of information they provide to the Website.
Any use of the Website that is in breach of the present Terms and Conditions, means that the User shall be refused access to the Services, at any moment, offered by deshotelsetdesiles.com and/or their Partners, or other features of the Website.
2.2 Making and cancelling reservations
Reservations can only be made by email on the website, with simultaneous payment by bank card.
No cancellations are authorized, any reservation is binding and irrevocable.
The confirmation of the reservation, detailing the most important information, such as the identification of the Service(s) reserved and the price, shall be sent to the User, by email, postal service or fax within 1 day following the reservation date.
2.3 Invitation and retrieval of travel documents
The travel documents for a Service ordered via the Website shall be sent by email to the address provided by the User during the reservation process, according to the provisions for each type of Service available on the Website, communicated prior to booking or in the Special Conditions.
If it is not possible to deliver the travel documents due to an error on the part of the User when entering their contact details, neither the Partner(s) concerned, nor www.deshotelsetdesiles.com shall be held liable.
2.4 Proof
It is expressly agreed that, in the absence of a manifest error on the part of the Partners or Des Hôtels & Des Îles, for which the User must provide proof, the data stored in the computer system owned by Des Hôtels & Des Îles and/or their Partners, shall be deemed conclusive for reservations made by the User. Any data stored electronically constitutes valid proof, and as such, is admissible in the same conditions and bears the same value as any other document which may be drawn up, received or stored in writing.
2.5 Right of withdrawal
The User is informed that, pursuant to article L. 121-20-4 of the French Consumer Code, the Services offered on the Website by Des Hôtels & Des Îles, using their name or the name of their Partners, are not subject to the right of withdrawal in accordance with L. 121-20 and the following of the French Consumer Code with regards remote sales.
Consequently, the Services reserved on the Website are only subject to the cancellation and amendment terms and conditions stated in the present Terms and Conditions and/or in the Special Conditions of the Partner in question.
Article 3. Details of Services
On the Website, Des Hôtels & Des Îles offers travel Services, in particular tourism packages, plane tickets, reservation of accommodation services, car rental services and travel insurance. The Special Offers from Des Hôtels & Des Îles concern all said Services provided directly for Users by Des Hôtels & Des Îles. For all other Services, Des Hôtels & Des Îles acts on behalf of other Partners (hotel business and/or transport service providers, tour-operators and travel agencies).
The following indicative listing is not exhaustive and does not replace the Special Conditions mentioned in the reservation.
3.1 Air travel services
Air travel services are offered as part of a tourism package.
Travel Conditions
The conditions of enforcement for air transport are governed by the special conditions of airlines or Partners.
It is the User’s responsibility to respect the instructions given by airlines and Partners and notably regarding the check-in deadlines. The User is advised to arrive at the check-in desk at least three hours before the departure time of the flight, for international flights, and at least two and a half hours before the departure time for domestic flights.
The name of the airport, in the event that the town in question has several airports, is only given for information purposes, and is subject to change.
We advise the User to plan for any possible delays and as such, to leave enough extra time, in the event that the reservation of a vacation on the Website includes transfers, notably when this transfer requires a change in airport.
Children under the age of 2 do not have their own seat on the plane, except in the case the parents ask to pay a supplement for an extra seat for them. We inform the User that this provision is only valid if the children are under the age of 2 for the entire trip, from the departure date until the return date. The airlines consider that a child who is over the age of 2 on the return date must purchase a ticket at the price of a child over the age of 2, there and back. Any fees required due to non-compliance with this rule cannot be refunded.
Unaccompanied children under the age of 15 will be refused.
Children aged 15 or over must be able to provide identity documents in their own name.
Formalities
The formalities mentioned on the Website apply to citizens of France, Belgium, Luxembourg and Switzerland.
If the User is not a citizen of one of these 4 countries, they are solely responsible for inquiring about the formalities that apply to their situation.
Between the moment that the information is shown on the Website and the departure date of the User, there may be some amendments. We therefore advise the User to consult the Website just before their departure.
The User is informed of the administrative and/or health formalities necessary for their trip, on the Website. The User is responsible for ensuring they are aware of these. The User is solely responsible for the performance and costs resulting from these police, customs and health formalities required for their trip, such as passport, national identity card, residency permit, parental authorization, visa, medical certificate or vaccinations record.
We would like to draw your attention to the fact that the regulations in some countries require that passports be valid for more than 6 months after the return date. In addition, children aged 15 or over must have identity documents in their own name.
If the User does not comply with these administrative and health formalities and is not able to depart on the date indicated, the price paid is not eligible for a refund.
In the event that a ticket is lost or stolen, the User can notify the police and the airline and a new ticket will be issued by the Partner who provided the service, a refund can only be issued in accordance with the Special Conditions from the Partner in question.
Air carrier’s liability
It should be noted that the air carrier’s liability is most often limited by national or international law that they are subject to, or by their own Special Conditions. Concerning air transport, an extract of these conditions is given to the User along with their ticket.
Electronic ticket
The electronic ticket is not in physical format. In the event such a ticket is reserved, the User must go to the check-in desk of the airline in question, along with their valid travel documents (passport, visa, identity card…), to obtain their boarding pass. For this, the User must respect the deadlines for showing up at the check-in desk.
3.2 Accommodation and stay services
These Services are offered either as accommodation alone, or as part of a tourism package.
Duration of the trip
The departure day and return day are included in the whole duration of the trip. The first and/or last night could be shortened in the event of late arrival, early departure or an overnight flight.
Availability of the rooms
It should be noted that, more often than not, the rooms are only available from 3pm and check-out is at 12pm, this is the case whatever the arrival or departure times of the mode of transport used.
Individual rooms generally have one single bed or one double bed, for 1 person. These rooms often require an extra fee. There are also double rooms, either with twin beds or a double bed.
Classification
The indication of the level of comfort assigned to the hotels can be seen in the description on the Website and corresponds to a classification established according to the local standards in the destination country. These may differ from the classifications you are used to. This classification is only given as an indication. In exceptional cases, it may be necessary to substitute the hotel initially reserved, with another one from the same category, offering equivalent services.
Activities
It could happen that some activities offered by the Partners and shown on the description on the Website, are removed, notably due to weather conditions, in the event of force majeur, a stay during the low season, or in the event that the number of participants required for the activity is not met.
The User cannot be awarded any damages due to cancellation of an activity because of force majeur.
For tours, the order of visiting certain sites is given as an indication and could be modified by the Partners.
Meals
When meals are included in the tourism package, the number depends on the number of overnight stays. Full board includes breakfast, lunch and dinner. Half-board includes breakfast and either lunch or dinner, depending on the package. Full board and half board packages begin with the first meal being the one just before the first night, and end with breakfast on the day following the last overnight stay.
It should be noted that, unless specified otherwise in the description of tourism packages on the Website, drinks are not included in the meals and shall incur an extra charge for the User. In the absence of drinking water, the User is liable for the cost of buying bottles of water.
Parents are advised to bring along food that is suitable for their baby, that they may not be able to find at their destination.
3.3 Vehicle rental services
The provision of vehicle rental services is governed by the special conditions of Partners.
Modes of payment
When taking possession of the vehicle, the main driver must show up with their bank card.
The Partner shall also request pre-approval from the User’s bank, for the amount that corresponds to the deposit. The User must then contact their bank to find out the available amount they can spend, the deposit is then deducted from this amount.
If the User does not respect the above-mentioned rules, the Partner shall not give them possession of the vehicle.
The User must check in the Special Conditions of the Partner, which bank cards are accepted by the Partner, because some cards such as Electron, are not accepted.
Additional charges
For car rentals in some countries, Partners automatically charge for a full tank of gas when the vehicle is returned, if the User has not filled the vehicle up with gas themselves before bringing it back.
The User is obliged to return the vehicle to the same agency that handed over the vehicle, otherwise Partners will charge extra for a fee known as an “Abandonment fee”.
3.4 On-Site Activities
The reservation of an “On-site activities” service alone is governed by the Special Conditions of Partners.
These services cannot be transferred, modified or refunded.
Price
The descriptions of Services on the Website specify that the category of “On-site activities”, are included in the given price. Prices are shown in Euros and generally include VAT, unless specified otherwise on the Website.
Article 4. Price
The descriptions of the trips presented on the Website include, for each trip, the services included in the price. Prices are shown in Euros and generally include VAT, unless specified otherwise on the Website.
It should be noted that in some cases, extra taxes (tourist tax, city tax, or visa) could be required by local authorities in some States, and must be paid immediately. These extra taxes, wherever necessary, are to be paid by the User.
The price of tourism packages is calculated depending on the number of nights, not the number of full days.
Generally, unless specified otherwise, insurance, airport services, excess baggage fees, airport transfers to the accommodation, visa fees, vaccination cost and any personal expenses (laundry, phone calls, drinks, room service, tips, etc.) are not included in the price. The same applies to excursions and the use of sports facilities, and more generally any service not mentioned on the Website.
Article 5. Photos and illustrations
Every effort has been made to supply photographs and illustrations which give the User an indication of the Services being offered
The goal of these photos and illustrations is to give the User an idea of the category of accommodation or degree of comfort.
Article 6. Insurance
No insurance cover is included is the prices offered on the Website. Therefore, we recommend the User subscribes to an insurance policy to ensure they are covered in the event of cancellation for certain reasons, and an assistance contract to cover certain specific risks such as the cost of repatriation in the event of an accident or illness.
For this purpose, the User is offered insurance cover, with TMS CONTACT – 110 Avenue de la République – 75545 Paris Cedex 11 under insurance policy N°1913.
The risks covered by these policies, as well as the cost and amount of guarantees are only shown on the Website as an indication. Upon subscribing to an insurance policy, the User will be provided with the details of the policy.
Insurance claims, in accordance with the terms of the insurance contract, can be made directly with the insurance company.
Article 7. Customer services and complaints
7.1 Customer services
The User can contact Des Hôtels & Des Îles while they are making reservations for Services, should they require any assistance or information about the service and the conditions of the reservation they are making:
– either by calling: +33 (0)1 42 56 46 98,
– or by sending an email to: info@deshotelsetdesiles.com
The personal data provided by the User to Des Hôtels & Des Îles is intended for Des Hôtels & Des Îles and for their sub-contractors operating within or outside of the European Union, for the purpose of processing the User’s request regarding services from Des Hôtels & Des Îles and, unless opposed by the User to Des Hôtels & Des Îles, to communicate information about products and services of the group Des Hôtels & Des Îles. For this purpose, Des Hôtels & Des Îles is likely to, as member of the group Des Hôtels & Des Îles, send the User information with the purpose of getting to know the Website better and to be able to use it more effectively, send the User information about the promotional offers featured on the Website and offer them deals from their Partners. Wherever necessary, offers from Partners of Des Hôtels & Des Îles can only be sent to the User by SMS or email with their prior consent, in accordance with the provisions of law 2004-575 of June 21st 2004 “to support confidence in the digital economy”, of law 78-17 “data protection” modified by law 2004-801 of August 6th 2004, and in accordance with the Des Hôtels & Des Îles Privacy Statement, shown on the Website.
In accordance with the Data Protection Act of January 6th 1978 modified, the User can, at any moment, exercise their right to access, modify, rectify or remove their personal data. They can exercise this right by sending an email from the “Contact us” option on the Website, or by sending a letter to Des Hôtels & Des Îles: 120 Rue La Boétie – 75008 Paris, with proof of identity.
7.2 Complaints department
Any request for information and any possible complaints should be addressed to Des Hôtels & Des Îles, who will gather them on behalf of their Partners, within 30 days after the end of the trip:
Complaints will only be accepted when Des Hôtels & Des Îles or a Partner has been informed of the issues encountered, during the trip, so that they have tried to find a solution, or damages have tried to be limited for the User.
No complaints shall be accepted concerning lost, damaged or stolen baggage, clothes or personal objects, under the responsibility of the User during the duration of the trip, unless it can be proven that Des Hôtels & Des Îles or their Partners are at fault. Baggage checked-in with an airline is only insured for the duration of the transport.
Article 8. Liabilities and guarantees regarding the use of the website
No guarantee is given to the User with regards the following:
i. The absence of anomalies, errors and issues which could have an effect on browsing the Website, or the implementation of any feature proposed on the Website, or;
ii. The possibility to correct these anomalies, errors or issues; or
iii. The absence of any interruption or breakdown in the operation of the Website; or
iv. The compatibility of the Website with a device or specific configuration.
In no case shall Des Hôtels & Des Îles be held liable for direct or indirect and/or non-material damages, foreseeable or unforeseeable (including loss of profit or opportunity…) resulting from the supply and/or use or total or partial inability to use the functions of the Website.
The hyperlinks shown on the Website allow the User to go to other websites, with the sole aim of making the User’s search easier.
In any case, the User declares to be aware of the characteristics and limitations of the Internet, particularly with regards technical performance, response time to view, query or transfer data, and the risks linked to the security of communications.
Article 9. Intellectual Property
9.1. General Information
The Website, its content and everything that makes it up, are creations, for which the companies of the group Des Hôtels & Des Îles and/or, wherever necessary, Partners, are the owners of all intellectual property rights and/or operating rights, especially in terms of copyrights, copyright protection for database content, brand names and for the design.
The Website, along with software programs, databases, text, information, analyses, images, photographs, graphics, logos, sounds or any other data found on the Website, are the exclusive property of the companies of the group Des Hôtels & Des Îles and/or the Partners, or, wherever necessary, of the respective owners, who have handed over the right to use said content.
The User is granted a non-exclusive, non-transferable right to use the Website and data contained within the Website, solely for private use. This right that has been granted involves (i) the right to view the data and information on the Website online, and (ii) the right to reproduce said content, by printing and/or saving the data and information viewed. This right of use applies only for strictly personal purposes.
Any other use of the Website, notably for commercial reasons, on the part of the User, is strictly forbidden. The User shall not, among others, reproduce and/or present, for any use other than personal, sell, distribute, transfer, translate, adapt, broadcast and communicate all or a part of, in any form, elements, information or data from the Website.
In addition, the User shall not introduce, by any means, data which could modify or alter the content or presentation of the Website.
Any hyperlink to the Website, whatever type of link it may be, must be pre-approved by Des Hôtels & Des Îles, acting on behalf of the owner of the right in question, whether it concerns a paper or electronic format.
9.2. Software
The use of any software program downloaded on the Website that allows access to certain Services or features is governed by the terms of the accompanying license. The User shall not install, copy or use this software program before becoming fully aware of the terms of said license.
For any software program that does not have a license, the User is granted a temporary, private, personal, non-transferable and non-exclusive right to use this software program, in order to be able to, with the exception of all other forms of use, access the Services and features which require the use of this software program. By installing or using the software, the User commits to respecting this condition.
Article 10. Protection of personal data
The information provided on the Website by the User is intended for the processing and performance of their reservations.
The Privacy Statement available on the Website describes all the dispositions related to the protection of personal data. In the event of a contradiction between the present Terms and Conditions and the Privacy Statement, the latter will prevail.
In accordance with article 32 of the Data Protection Act of January 6th 1978, modified by law 2004-801 of August 6th 2004, the information required for processing and ensuring reservations, is marked with an asterix on the pages of the Website.
Other requests for information which are optional, or the information about the interest the User may have for other deals, are solely intended to get to know the User better and to offer them an improved service.
Unless the User opposes, Des Hôtels & Des Îles may send this optional information about the User to the other companies of the group, including those outside the European Union and in particular in the United States. The User gives their full consent for this transfer.
Des Hôtels & Des Îles may send the User, by any means (electronic, paper, SMS, etc.) information intended to get to know them better and to improve their browsing experience on the websites, to send them promotional offers shown on these websites and to propose offers from Partners, in full compliance with the provisions of the law “for building confidence in digital economy” and the “data protection” act, modified, subject to prior approval or opposition from the User, according to the cases mentioned in the Privacy Statement, provided on the Website.
In addition, Des Hôtels & Des Îles shall transfer the information regarding the User’s reservation to their insurance company. This transfer helps Des Hôtels & Des Îles avoid any bank card fraud.
In the event of any outstanding payments due to fraudulent use of a bank card, the contact details given at the time of the User’s reservation, subject of the outstanding payment in question, shall be included in a payment incident report drawn up by the insurance company and placed under their responsibility.
In accordance with the Data Protection Act of January 6th 1978, modified, the User can at any moment, access, modify, rectify or remove their personal data. They can exercise this right by sending an email from the “Contact us” section of the Website, or by sending a letter to Des Hôtels & Des Îles – 120 Rue La Boétie – 75008 Paris, with proof of identity.
Article 11. Applicable Law
The contract between www.hotel-mahogany.com and the User is expressly subject to French law.
Any dispute relating to the interpretation and performance hereof shall be governed by French law
Article 12. Reproduction of articles R. 211-5 to R. 211-13 of the French Tourism Code
“Art. R. 211-5. – Subject to the exclusions set out in the second paragraph (a and b) of article L. 211-8, any offer or sale of travel services or vacations shall give rise to the submission of appropriate travel documents, which comply with the rules defined by the present section. In the case of the sale of air transport tickets or transport tickets for a scheduled departure, without other complementary services, the seller shall provide the purchaser with one or more tickets for the entire trip offered by the carrier or for which they are responsible. In the case of Demand Responsive Transport, the name and address of the carrier, for whom the tickets were handed out, must be mentioned. Separate billing for various items in one single tourism package does not relieve the seller from the obligations laid out for them in the present document.
Art. R. 211-6. – Prior to the conclusion of the contract and addressed in writing, with the corporate name, address and indication of their official authorization to operate, the seller shall submit to the consumer, information regarding the price, dates and other components relating to the services provided for the trip or vacation, such as: 1) The destination, the means, characteristics and categories of transport used; 2) The accommodation type, location, level of comfort and main characteristics, the certification and tourist classification which corresponds to the regulation or practices of the destination country; 3) The meals provided; 4) The description of the itinerary if it is a tour; 5) Administrative and health formalities to respect in the event, in particular, that borders are crossed, as well as the deadlines to be respected to carry out these formalities; 6) The tours, excursions and other services included in the package or that are available at an extra charge; 7) The minimum or maximum number of participants to allow for the fulfillment of the trip or vacation, as well as the deadline date when the consumer shall be informed of the cancellation of the trip or vacation, if they are subject to a minimum number of participants, this date cannot be less than twenty one days before the departure; 8) The amount or percentage of the price to pay as a deposit upon the conclusion of the contract, as well as the payment schedule for the remaining balance; 9) The procedure for the revision of prices, as stipulated in the contract, in application of article R. 211-10; 10) The contractual terms and conditions for cancellation; 11) The terms and conditions for cancellation as stipulated in articles R. 211-11, R. 211-12 and R. 211-13; 12) The information regarding risks covered and the level of cover under the insurance policy which covers the consequences of professional civil liability for travel agencies, and the civil liability for non-profit associations and organizations, and local tourism boards; 13) Information regarding the optional subscription to an insurance policy covering consequences of some cases of cancellation, or an assistance contract covering some more specific risks, particularly the repatriation costs in the event of an accident or illness.
Art. R. 211-7. – Any prior information given to the consumer binds the seller, unless said information states that the seller expressly reserves the right to modify certain elements. In this case, the seller must clearly indicate the extent to which they would like to make amendments and the content that will be amended. In any case, the consumer must be made aware of the amendments made to prior information, in writing, before the conclusion of the contract.
Art. R. 211-8. – The contract agreed between the seller and the purchaser must be drawn up in two copies, one of which is given to the purchaser, and signed by both parties. It must include the following clauses: 1) The name and address of the seller, their financial guarantor and insurer, as well as the name and address of the organizer; 2) The destination or destinations for the trip and, in the case of a split journey, the different periods and dates; 3) The means, characteristics and categories of transport used, the dates, times and locations for departure and return journeys; 4) The accommodation type, location, level of comfort and main characteristics, the certification and tourist classification which corresponds to the regulation or practices of the destination country; 5) The number of meals provided; 6) The itinerary if it is a tour; 7) The tours, excursions and other services included in the total price of the trip or vacation; 8) The total price of services billed, as well as the indication of any possible change in amounts billed, according to the dispositions of article R. 211-10; 9) If necessary, the indication of taxes or fees chargeable for certain services, such as landing fees, embarkation or disembarkation fees in ports and airports, city tax when it is not included in the price of service(s) provided; 10) The schedule and terms of payment of the due amount; in any case, the last payment made by the purchaser cannot be less than 30% of the total price of the trip or vacation, and must be made when the travel documents are received, enabling the purchaser to go on the trip or vacation; 11) The Special Conditions requested by the purchaser and accepted by the seller; 12) The terms upon which the purchaser can submit to the seller a claim for non-performance or incorrect performance of the contract, a claim which must be made as quickly as possible, by registered letter with acknowledgement of receipt from the seller, and notified in writing, wherever necessary, to the organizer of the trip and service provider of the services in question; 13) The deadline for informing the purchaser of the cancellation of the trip or vacation on the part of the seller, in the event that the performance of the trip or stay depends on a minimum number of participants, in accordance with the provisions of 7) of article R. 211-6; 14) Contractual terms and conditions for cancellation; 15) Terms and conditions for cancellation as stipulated by articles R. 211-11, R. 211-12 and R. 211-13; 16) The information regarding risks covered and the level of cover under the insurance policy which covers the consequences of professional civil liability for the seller; 17) The information regarding the insurance policy covering the consequences of certain cases of cancellation, taken out by the purchaser (policy number and insurance company name), as well as information regarding an assistance contract covering some more specific risks, particularly the repatriation costs in the event of an accident or illness; in this case, the seller must provide the purchaser with a document that specifies at least the risks covered and the risks that are not covered; 18) The deadline for informing the seller of the purchaser’s decision to break the contract; 19) The commitment to provide the purchaser, in writing, at least 10 days before the scheduled departure date, with the following information: a) The name, address and telephone number of the local representative of the seller or, in the absence of this, the names, addresses and telephone numbers of local organizations likely to assist the consumer in the event of any difficulties, or, in the absence of this, the telephone number to be able to contact the seller in the case of an emergency; b) For underage children traveling overseas, a telephone number and address to be able to directly contact the child or the person responsible for them at their destination.
Art. R. 211-9. – The purchaser may transfer their contract to an assignee who fulfills the same conditions as themselves for the trip or vacation, as long as this contract has not yet been performed. Unless there are more favorable conditions for the assignor, he/she is obliged to inform the seller of their decision by registered letter with acknowledgement of receipt, seven days before the beginning of the trip at the very latest. If the trip is a cruise, this deadline is fifteen days. In no case may such a transfer be deemed to be agreed in advance by the seller.
Art. R. 211-10. – When the contract explicitly contains the possibility of reviewing the prices, within the limits laid down in article L. 211-13, it must include the precise methods of calculating the price variations, whether for an increase or a decrease, and in particular the cost of transport and associated taxes, the currency(ies) which could affect the price of the trip or vacation, the percentage of the price affected by the variation, the currency rate taken into account when the price shown on the contract was fixed.
Art. R. 211-11. – When, prior to the departure of the purchaser, the seller is obliged to modify one of the main parts of the contract, such as a significant price increase, the purchaser can, without prejudice to any claim for damages suffered, and after having been informed by the seller by registered letter with acknowledgement of receipt: – either cancel the contract and obtain a full and immediate refund for the amounts paid; – or accept the amendment or substitute vacation offered by the seller; an amendment to the contract detailing the changes shall then be signed by both parties; any decrease in price shall be deducted from the amount outstanding by the purchaser and, if the amount already paid by the latter exceeds the price of the modified service, the difference shall be provided before the departure date.
Art. R. 211-12. – In the case detailed in article L. 211-15, when, prior to the purchaser’s departure, the seller cancels the trip or vacation, the purchaser must be informed by registered letter with acknowledgement of receipt; the purchaser, without prejudice to any claim for damages suffered, will receive an immediate refund from the seller, without penalty of any amounts paid; in this case, the purchaser receives a payment at least equal to the amount he would have paid if the cancellation had been on his part, on this date. The provisions of the present article are in no way an obstacle to the conclusion of an amicable agreement with the goal of acquiring the acceptance, from the purchaser, of a substitute vacation offered by the seller.
Art. R. 211-13. – When, after the departure of the purchaser, the seller is unable to provide a major part of the services as defined in the contract and which represents a significant percentage of the price agreed by the purchaser, the seller must immediately do the following, without prejudice to any claim for damages suffered: – either offer replacement services for the original services, taking liability for any extra cost and, if the services accepted by the purchaser are of a lower quality, the seller must refund the difference in price, as soon as the purchaser returns; – or, if the seller cannot offer any replacement service or if they are refused by the purchaser for a viable reason, the seller must supply the purchaser, without requesting any payment, with transport tickets equivalent to the originals, to ensure the purchaser can return to the departure location or another location, as per accepted by both parties.”
Article 13. Final Provisions
The fact that Des Hôtels & Des Îles does not cite, at a given moment, one of the provisions of the Terms and Conditions, cannot be interpreted as a waiver to forego one of these provisions at a later date.
In the event that one of the provisions of the Terms and Conditions is declared null or without effect, this provision shall be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null or without effect is essential and defining.
Any case of force majeure suspends the obligations of the present terms and conditions and frees the party who should have implemented the affected obligation from any liability.
COOKIES
When viewing the Website, some browsing information from your computer is likely to be stored in small files called “Cookies”, depending on the choices you made regarding Cookies, that you can modify at any moment.
A Cookie is a small text file that is stored on your hard drive when you visit a website through your browser. The issuing party uses cookies to identify your computer during the validity or storage period of the Cookie.
The Cookies we use are for the purposes described hereafter, during the validity period of the Cookie in question, depending on your choices in the settings on your browser used to visit the Website, settings that you can change at any moment.
Cookies from partner companies (third party cookies) may be stored on your computer from the pages of the Website or via content shown in advertisements. Only the issuer of a Cookie can read or modify the information it contains.
Different types of cookies are used on the Website, they have different purposes. Some are necessary for your use of the Website. We use Cookies to find out your country, geographical location, IP address and currency, to be able to offer you adapted services depending on your region, or to display prices on our website in the most suited currency for you.
PRIVACY POLICY
1. Commitment to protecting your privacy
The law related to the protection of personal data changed in the European Union on May 25th 2018.
Consequently, we updated our Privacy Policy and Terms and Conditions of Use. We would like to point out the rights you have regarding personal data that we collect and use. You can, at any moment, decide to modify or remove the information that you share with us.
Personal data (e.g.: email, name…) is information collected on our website, in the hotels of the group Leader Hôtels or transferred by our external service providers (reservation tools…) that allows us to identify you as a physical person.
This personal data protection policy is a part of the terms and conditions which govern our hotel business and services. By accepting our terms and conditions, you expressly agree to the provisions of this personal data protection policy.
Our partners and/or subcontractors are currently: Hertz, Fastbooking, PayPal, April, I-planet, Travelport, NP6, Facebook, Instagram, Google, Pinterest, Twitter.
We may need to modify this privacy policy intermittently. Consequently, we recommend you consult this page on a regular basis.
2. What kind of personal data is collected?
In browsing our Website, participating in one of our games or when you arrive at one of the hotels in our chain of hotels, you could be asked to provide us with personal data.
On our Website, the compulsory information is marked with an asterix as this is required for us to process your request. Other information is so that we can get to know you better, and offer you better adapted services and/or products. This information is optional.
In particular, we collect and process your surname, first name, email address, address, telephone number, credit card number, IP address, connection and browsing data. Some data is collected automatically when you browse the Website.
You may also be asked to provide different personal data via our partners when you reserve a hotel room, a hotel + flight package or by following us on the different social networks. In this case, we recommend you consult the privacy policy for each of these partners.
Sensitive transactions (bank details, etc.) are made in a secure mode using encryption and authentication algorithms. These secure transactions can be identified by the presence of a closed padlock featured on most browsers.
More specifically, it is specified that for payments, bank details are collected and can be stored by our payment partners.
However, we do not have control over all the risks related to the Internet and would like to warn Internet users of the possible risks linked to the use and operation of the Internet.
Our emailing campaigns and newsletter are currently managed by a sub-contractor; the company NP6. We recommend you consult their privacy policy.
3. What do we do with your personal data?
By subscribing to our newsletter, you accept to take advantage of our best deals for trips in the islands, under the name Des Hotels & Des Iles or deals from one of the hotels in our chain of hotels.
You are therefore likely to receive the following:
The personal data collected directly is in no case sold, shared or loaned to other companies outside of Des Hôtels & Des Iles and the hotels of their chain. On each email received, you have the possibility to unsubscribe by clicking on the link at the bottom of the email.
Data concerning people under the age of 18 can only be provided by an adult. Please make sure your children do not provide any personal data without your authorization. In the event they do provide such information, you can contact us to remove this data.
4. Storage of your personal data
We only store your personal data for the period necessary for the purposes detailed here, or in accordance with applicable law.
5. Security and confidentiality of your personal data
We are committed to taking the necessary measures to guarantee the confidentiality of data and avoid transferring it to an unauthorized third party. When data is transferred to an authorized third party, we take the appropriate measures to ensure the security of the transfer.
6. Sharing your personal data
Your personal data collected by our departments is likely to be transferred to our sub-contractors and service providers, located in and outside of the European Union, with whom we operate in the management of your account, the performance of your orders and the provision of services offered via the website.
7. Your rights concerning your personal data and contacts
We would like you to remain in control of the use of the personal data we use. You can therefore:
Ask us for a copy of the personal information we have about you;
Inform us of any changes in your personal data, or ask us to modify any personal data we have about you;
In some situations, request that we remove, block or limit the processing of personal data we have about you, or you can oppose certain ways in which we use your personal data.
In some situations, you can also request we send the personal data you have provided us with, to a third party.
When we use your personal data following your authorization to do so, you have the right, at any moment, to withdraw this agreement according to laws in force. In addition, when your personal data is processed for a valid reason or in public interest, you can refuse at any moment the use of your personal data, subject to applicable law.
Upon request in writing, you have the right to access or rectify information about yourself. For any further information concerning your rights, please send an email to info@deshotelsetdesiles.com or write to us at the following address:
Des Hôtels & des Îles
Processing of personal data
120 rue La Boétie – 75008 Paris – France
The person responsible for personal data is Mme Carole Adam.
We will process your request in accordance with current laws in force.
