ARTICLE 1: DESCRIPTION OF THE WEBSITE
The publisher of the Website is Le Cap Est Lagoon Resort & Spa, whose head office is located at La Prairie 97240 Le François – Martinique. Telephone: +596 (0) 596 54 80 80. Publishing director: Valérie Deguitre.
The Website is hosted by the company 1&1 www.1and1.fr
The Website was created by Novembre Communication, whose head office is located at 7, rue des Magasins, 67000 Strasbourg, France. Telephone: +33 (0) 3 88 22 71 22. Website: www.novembre.com
Site Internet : www.novembre.com
ARTICLE 2: FREE SERVICE
Using the service as set up by the Simon Hotel, and described in these Terms and Conditions is entirely free of charge. However, the equipment (computer, smartphone, software, means of telecommunication, etc.) enabling access to this service is at the exclusive expense of Internet users, as are the costs of connecting to the Internet network.
ARTICLE 3: INTELLECTUAL PROPERTY
Access to the Website grants users a private and non-exclusive right to use the Website. All content published on this Website (in particular the texts, photographs, logos, brands, videos, etc.) fall within the meaning of French Intellectual Property Code. Consequently, any representation or reproduction of such content – in whole or in part and without express consent of their authors or rightful owners – is deemed illegal.
Photo credits: Photographer Antoine Petton/Offset
ARTICLE 4: PASSIVE COLLECTION OF PERSONAL DATA
The user is informed that during their visits to the Website, cookies may be automatically installed on their browser. Cookies are elements that cannot identify a user but are used to record information relating to their navigation on the Website. By setting your browser to inform you of the presence of cookies, you can actively refuse them according to the procedure described at the following address: www.cnil.fr.
The data collected automatically during your visit relates to the following:
- Your IP address: an IP address is assigned to your computer by your Internet service provider to enable you to access the Web. This address is generally considered to be non-personally identifiable information because it changes each time you log on.
- The address of the website from which you landed on the Simon Hotel Website.
- The date and time you visited the Website, and the pages you viewed.
- The operating system of your computer and the browser used.
ARTICLE 5: PROTECTION AND USE OF PERSONAL DATA
Newsletter registration form: The personal information communicated on the Website’s contact form is intended for exclusive use by Simon Hotel for the sole purpose of sending out newsletters. In accordance with the French Data Protection Act of 6 January 1978, any Internet user who fills in this form has the right to access, rectify or delete personal information concerning them, a right they may exercise by contacting the following address: email@example.com.
ARTICLE 6: PRIVACY MEASURES
The Simon Hotel has deployed resources to ensure the secure storage of personal information to prevent loss, alteration or hacking. These storage systems are only accessible by a limited number of authorised persons.
ARTICLE 7: RISKS RELATED TO THE INTERNET NETWORK
The Website’s services are accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of the Simon Hotel, and subject to maintenance periods and possible breakdowns.
The transfer rates and response times for information circulating between the Internet network and the Website platform cannot be guaranteed by the Simon Hotel. Indeed the browsing speed is not attributable to the Simon Hotel, but to the inherent characteristics of online networks in terms of the technical means used to absorb Web traffic.
The Simon Hotel would like to remind users of the characteristics and limits of the Internet network, and disclaim all liability for the consequences of users’ connection to this network via the Website.
More specifically, the Simon Hotel shall not be held liable for any damage, whether material or immaterial, caused to users, their computer equipment and the data stored therein, and for the consequences that may arise from this on their personal, professional or commercial activity.
The Simon Hotel shall not be held responsible for any use by third parties of the elements appearing on the personal areas of the Website. Nor shall the Simon Hotel be held liable in the event that one or more users are unable to connect to the Website due to a technical fault or any other issue related to network congestion.
ARTICLE 8: SUSPENSION AND TERMINATION
The Simon Hotel may unilaterally and at its own discretion temporarily or permanently suspend the online availability of its Website, without being held liable and without this giving rise to damages claims of any kind.
ARTICLE 9: THIRD-PARTY WEBSITES/HYPERTEXT LINKS
The web pages of this Website may contain hypertext links to other Internet sites managed by companies other than the Simon Hotel, and over which the Simon Hotel has no control. The Simon Hotel shall not be held liable for the content of these third-party sites, the use that may be made of them or the content to which these third-party sites may refer.
ARTICLE 10: MISCELLANEOUS
The Simon Hotel is free to modify these Terms and Conditions at any time. The latest version of these terms shall be binding on users. These terms are governed by French law, and any dispute relating to their execution and/or interpretation shall be submitted to the competent French courts. It is strictly forbidden to use or reproduce the name of the Simon Hotel and/or its logo, as well as all trademarks, designs or models cited and/or presented on this Website or any other linked site, for any purpose whatsoever, in particular for advertising purposes, without the prior written consent of the Simon Hotel.