Legal Notice

These General Terms of Use (hereinafter the "Terms") describe the terms and conditions under which Compagnie de Services provides a service of consultation and creation of tailor-made stays in its establishments (hereinafter the "Service") to the user (hereinafter the "user"). Access to this Service is subject to compliance with this legal notice. Any Internet user wishing to access it must have previously read these General Terms of Use and undertakes to respect them unreservedly.

Legal Notice

Owner: La Plage Saint Barth
Share capital: 500€
RCS: Basse Terre
Creator: Influence Society
Publication manager: Marie Sibuet
Webmaster: Influence Society

Photo credits: Isabelle Lindbergh

Article 1 - Intellectual Property

The presentation and each of the elements, including trademarks, logos and domain names, appearing on the site, are protected by the laws in force on intellectual property, and belong to the establishment or are subject to authorisation for use. No element composing the site may be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way whatsoever, under any support whatsoever, in a partial or integral way, without the written and prior authorization of the establishment, with the exception of a strict use for the needs of the press and subject to the respect of intellectual property rights and any other property right mentioned. Any total or partial representation of the site by any process whatsoever, without the express authorisation of the establishment is prohibited and would constitute an infringement punishable by articles L.335-2 and following of the Intellectual Property Code. The establishment reserves the right to prosecute any act of counterfeiting of its intellectual property rights. Only copying for private use is authorised for your personal, private and non-commercial use. In particular, the following notice must appear on any authorised copy of all or part of the content of the Site: "COPYRIGHT GYP SEA ALL RIGHTS RESERVED".

Any authorized use of the elements composing or appearing in the site must be made without denaturation, modification or alteration in any way whatsoever.  

Article 2 - general description of the service

Gyp Sea Saint Barth proposes, within the framework of its website to anyone who wishes to do so, to consult the site and subscribe to the newsletter. The user of this site acknowledges having the competence and the means, notably technical, necessary to access this site, and having checked that the computer configuration used does not contain any virus and that it is in perfect working order. The user undertakes to have verified that the configuration of his equipment will not be detrimental to the service offered by the company La Plage Saint Barth.

Article 3 - Obligations of the visitor

The visitor undertakes to visit the site and all the pages hosted on it only with a browser that supports JavaScript and accepts cookies. 
Le visitor undertakes not to take any legal action against Les Gyp Sea motivated by a fact resulting from the non-respect of the above-mentioned navigation constraint. 
Le visitor of the site or of a page using the service of this site, acknowledges having the competence and the necessary means to access the different Sites accessible from it. The visitor will have verified that the computer configuration of the Internet connection used does not contain any virus or and that it is in perfect working order. Gyp Sea will in no way be responsible for the malfunctioning of the latter.
Toute person who leaves comments or publishes as an author will have to respect the present general conditions of use. It is reminded that only the visitor is responsible for the content that he publishes on the Internet. Gyp Sea can in no case be considered as responsible for the content published by a visitor.
 The visitor undertakes in the use of the service not to perform acts of any nature whatsoever that would be contrary to French law and, where applicable, to the laws of the country from which he connects, that would be contrary to French public order or to the rights of a third party.

Article 4 - Cases of non-compliance with the conditions of use

Users are invited to notify Gyp Sea in case of violation of these Terms and Conditions of Use via the contact form accessible from each page by clicking on the link on the persistent bar, representing an envelope.  

Article 5 - Responsibility of La Plage, Gyp Sea

The company la Plage is bound by an obligation of means within the framework of the present General Conditions of Use and can in no way be held responsible for any loss, prejudice or indirect damage of any nature whatsoever resulting from the management, use, exploitation, interruption or malfunction of the service.

Article 6 - Cases of force majeure

The company la Plage cannot be held responsible, or considered as having failed to comply with the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals, including the interruption, suspension, reduction or disturbance of electricity or others or any interruptions of telecommunications networks.
 However, the user declares to know that the suppliers of the materials, software and telecommunications infrastructure used in these areas, do not offer in any case an absolute guarantee of proper functioning of the service. As a user of technologies or infrastructures developed and provided by third parties, La Plage cannot guarantee that its service will be completely uninterrupted and without delay, especially in the event of a "bug" or product updates. 
De plus, La Plage reserves the right to modify the content of the site at its sole convenience, at any time and without prior notice. La Plage reserves the right to make the Site or services temporarily unavailable for maintenance or updating procedures.

Article 7 - Information and confidentiality

In compliance with the law of January 6, 1978 relating to data processing, files and liberties, the automated processing of personal data carried out from the Website has been declared to the National Commission for Data Processing and Liberties (CNIL).
Conformément to the law n° 78-17 of January 6, 1978, the user may at any time access the personal information concerning him/her held by Compagnie de Services, request its modification or deletion. Thus, according to articles 36, 39 and 40 of the French Data Protection Act, the user may request that any information concerning him/her that is inaccurate, incomplete, ambiguous, out of date or whose collection, use, communication or storage is prohibited be rectified, completed, clarified, updated or deleted.
A At the closing of the account and for all purposes of proof, data concerning the user can be kept and archived confidentially by Gyp Sea, according to the laws in force.

In order to improve the quality of its service and to better meet the expectations of its users, Gyp Sea may collect nominative data on the user, notably through the use of markers (cookies). By continuing their navigation on the website, Internet users give their consent. Moreover, they have the possibility of refusing it. As provided for by law, this consent is valid for a maximum period of 13 months.

Since May 25, 2018, it is no longer mandatory for Fermes de Marie Chalet rental to declare the website to the CNIL. However, personal data is collected via the website in order to create a file with said data. In accordance with the law our files are then declared to the CNIL.

Article 8 - Cooperation with public authorities

The Page has the legal obligation to cooperate with the authorities that may wish to carry out checks on the contents or identity of the users of the service, and submits to them. The users of the service declare themselves informed that the company la Plage may be released from its professional secrecy under the conditions provided for in article 6 of the law of 21 June 2004, and consent to it. The company La Plage is not subject to a general obligation to monitor the information it stores, nor to search for facts or circumstances revealing illicit activities. 
Cependant, the company Compagnie de Services is required to inform the competent public authorities of any manifestly illicit activities or information of which it becomes aware in the course of its business. 
La Plage is required to hold and keep data that allows the identification of any person who contributed to the creation of content on its services.

Article 9 - Settlement of Disputes

Any complaint concerning the site or the services of the Beach, must be reported by registered letter with acknowledgement of receipt to the following address: Gyp Sea Beach- 144 chemin du Petit Darbon - 74120 Megève.
In the event of no response within 60 days of the complaint being made or a negative response preventing an amicable resolution of the dispute, the customer may refer the matter to the Médiateur Tourisme Voyage whose contact details are as follows:
By Mail: MCP Médiation 12 square Desnouettes 75015 PARIS
By Mail:

Article 10 - Amendments and jurisdiction

These Terms and Conditions of Use are governed by the Law and the French language.
L 'user of the site accepts that any dispute or grievance related to the operation of this service be settled before a court of law within the jurisdiction of 
la societé La Plage. 
Les these General Conditions of Use are likely to be modified by 
Gyp Sea at any time, in particular in the event of technical, legal or jurisprudential evolutions or during the implementation of new services. The user must regularly check the present General Conditions of Use and undertakes to immediately stop any use of the service in case of disapproval of them, the user being obliged to accept the present General Conditions of Use without reserve. The use of the service implies the user's acceptance of all the stipulations described in these General Conditions of Use and of all the modifications that Gyp Sea may make to them.
 In the event of disputes or complaints emanating from the user, 
Gyp Sea or a third party, relating to the use of the service, only the version of these General Conditions of Use accessible on the website will be binding between the parties, whatever the date of the litigious facts.
 In the absence of an amicable solution, any dispute that may arise between the parties concerning the formation, execution, interpretation or termination-resolution of the Contract will be under the exclusive jurisdiction of the Tribunal de Grande Instance located within the jurisdiction of the registered office of 
Gyp Sea, including in case of summary proceedings, petition or plurality of defendants.

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