Definitions
Customer: any professional or natural person capable within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions. Services: https://daunou-opera.com/ makes available to Customers: Content: All elements constituting the information present on the Site, in particular texts – images – videos. Customer information : Hereinafter referred to as «Information (s)» which corresponds to all personal data that may be held by https:// https://daunou-opera.com.com/ for the management of your account, customer relationship management and for analysis and statistical purposes. User: Internet user connecting to and using the above-mentioned site. Personal information: «Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies» (article 4 of law no. 78-17 of January 6, 1978). The terms «personal data», «data subject», «sub-processor» and «sensitive data» have the meaning defined by the General Data Protection Regulation (RGPD: n° 2016-679) RCS: 802047555 VAT number: FR59802047555
1. Presentation of the website.
By virtue of article 6 of law no. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website https://daunou-opera.com/ are informed of the identity of the various parties involved in its creation and monitoring: Owner: Hotelière Daunou (Hotel Daunou Opera), 6 rue Daunou 75002 PARIS Share capital of € 1460000 Publication manager: David ROZEN – [email protected] The publication manager is a natural or legal person. Webmaster: Jixart – [email protected] Host: o2switch – 224 BD GUSTAVE FLAUBERT 63000 CLERMONT-FERRAND 04 44 44 60 40 Data protection officer: https://daunou-opera.com/ – [email protected]
2. General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site. Use of the https:// https://daunou-opera.com / website implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, and users of the https:// https://daunou-opera.com / site are therefore advised to consult them regularly. This website is normally accessible to users at all times. However, https://daunou-opera.com/ may decide to interrupt the site for technical maintenance purposes, in which case it will endeavor to inform users of the dates and times of the intervention in advance. The https:// https://daunou-opera.com / website is regularly updated by https://daunou-opera.com/. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to take cognizance of them.
3. Description of services provided.
The purpose of the https:// https://daunou-opera.com / website is to provide information concerning all of the company’s activities. https://daunou-opera.com/ strives to provide information on the https:// https://daunou-opera.com / website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failure to update information, whether caused by the company itself or by third-party partners supplying such information. All information provided on the https:// https://daunou-opera.com / website is given for guidance only, and is subject to change. Furthermore, the information provided on the https:// https://daunou-opera.com / website is not exhaustive. It is subject to modifications having been made since it was put on line.
4. Cancellation conditions
1- In accordance with article L. 221-28, paragraph 12, of the French Consumer Code, customers are reminded that, for accommodation services, they do not have the right of withdrawal provided for in article L. 222-18 of the French Consumer Code, which is excluded for contracts for accommodation services to be provided on a specific date or during a specific period
2. The special booking conditions specify the terms and conditions for cancelling and/or modifying the booking.
3. Reservations with advance payment cannot be modified and/or cancelled. Sums paid in advance constitute deposits (i.e. sums paid in advance) and cannot therefore be reimbursed. In this case, this is mentioned in the specific booking conditions.
4. When the specific conditions of the reservation allow it: cancellation or modification of the reservation can be made directly with the hotel reception: Mail: [email protected] Tel: +33 1 42615782
5. In the event of interruption of the stay (i.e. unexpected departure of the customer) and in the case of a reservation on site, the customer must pay for the entire stay. In the case of pre-payment reservations, no refund will be made.
6. Unless otherwise expressly agreed, rooms are made available from 3 pm on the day of arrival and the customer must leave the room before 12.00 am on the last day of the reservation. Failure to do so will result in an additional night’s charge.
5. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for any material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent hardware, free of viruses and with a browser of the latest generation updated The site https://daunou-opera.com / is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 2016-679) The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if the Services generate traffic deemed to be abnormal. https:// https://daunou-opera.com / and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.
6. Intellectual property and counterfeiting.
https:// https://daunou-opera.com / is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, notably texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is forbidden, except with the prior written authorization of: https:// https://daunou-opera.com /. Any unauthorized use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
7. Limitation of liability.
https://daunou-opera.com / acts as the publisher of the site. https://daunou-opera.com / is responsible for the quality and accuracy of the Content it publishes. https://daunou-opera.com/ may not be held liable for direct or indirect damage caused to the user’s equipment when accessing the https:// https://daunou-opera.com / website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility. https://daunou-opera.com / may also not be held liable for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the https:// https://daunou-opera.com / website. Interactive areas (possibility to ask questions in the contact area) are available to users. https:// https://daunou-opera.com / reserves the right to delete, without prior notice, any content posted in this area which contravenes the legislation applicable in France, in particular provisions relating to data protection. Where applicable, https://daunou-opera.com / also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
8. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
8.1 PERSONS RESPONSIBLE FOR COLLECTING PERSONAL DATA
For Personal Data collected as part of the creation of the User’s personal account and browsing on the Site, the person responsible for processing Personal Data is: Hotel Daunou Opera. https://daunou-opera.com /is represented by David ROZEN, its legal representative As the person responsible for processing the data it collects, https:// https://daunou-opera.com / undertakes to comply with the framework of the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers with complete information on the processing of their personal data, once their consent has been obtained, and to maintain an accurate register of processing.
Whenever https:// https://daunou-opera.com / processes Personal Data, https:// https://daunou-opera.com / takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https:// https://daunou-opera.com / processes it.
8.2 PURPOSE OF DATA COLLECTED
https:// https://daunou-opera.com / may process all or part of the data :
– to enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, invoicing, order history, etc.
– to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), etc.
– to improve Site navigation: connection and usage data
– to conduct optional satisfaction surveys on https:// https://daunou-opera.com /: e-mail address
– to carry out communication campaigns (sms, e-mail): telephone number, e-mail address
https:// https://daunou-opera.com / does not sell your personal data, which is therefore only used for statistical and analysis purposes. Customers are reminded that all telephone data collected from them can be registered on the Bloctel site and sent to our reception desk. To take advantage of this service, simply enter your telephone number(s) (up to a maximum of eight numbers) on the www.bloctel.gouv.fr website and ask to be added to the «liste d’opposition au démarchage téléphonique», in accordance with article L.223-2 of the French Consumer Code.
8.3 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION
In accordance with current European regulations, Users of https://daunou-opera.com / have the following rights:
– right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users’ data right to block or erase Users’ personal data (Article 17 RGPD), when it is inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
– the right to withdraw consent at any time (Article 13-2c RGPD)
– the right to limit the processing of Users’ data (article 18 RGPD)
– right to object to the processing of Users’ data (Article 21 RGPD)
– right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 RGPD)
– the right to define the fate of Users’ data after their death and to choose to whom https:// https://daunou-opera.com / should communicate (or not) their data to a third party that they have previously designated
As soon as https:// https://daunou-opera.com / becomes aware of a User’s death, and in the absence of any instructions from the User, https:// https://daunou-opera.com / undertakes to destroy the User’s data, unless it needs to be kept for evidential purposes or to comply with a legal obligation. If the User wishes to know how https:// https://daunou-opera.com / uses his or her Personal Data, ask to rectify them or object to their processing, the User may contact https:// https://daunou-opera.com / in writing at the following address: Hotel Daunou Opera – DPO, https:// https://daunou-opera.com / 6 rue Daunou 75002 Paris. In this case, the User must indicate the Personal Data that he/she would like https:// https://daunou-opera.com / to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport). Requests for the deletion of Personal Data will be subject to the obligations imposed on https:// https://daunou-opera.com / by law, in particular as regards the retention or archiving of documents. Finally, https:// https://daunou-opera.com / users may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
8.4 NON-DISCLOSURE OF PERSONAL DATA
https://daunou-opera.com / refrains from processing, hosting or transferring Information collected on its Customers to a country located outside the European Union or recognized as «non-adequate» by the European Commission without informing the Customer in advance. For all that, https:// https://daunou-opera.com / remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679). https:// https://daunou-opera.com / undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https:// https://daunou-opera.com /, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. https:// https://daunou-opera.com / does not collect any «sensitive data».
The User’s Personal Data may be processed by https:// https://daunou-opera.com / subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy. Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to https:// https://daunou-opera.com / User data are mainly our customer service agents.
8.5 TYPES OF DATA COLLECTED
https:// https://daunou-opera.com / also collects information that enables us to improve the user experience and offer contextualized advice: Google analytics This data is kept for a maximum period of 1 year after the end of the contractual relationship.
9. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their account, and to providing them with all the information necessary to help them meet their own regulatory reporting obligations. No personal information of the user of the https:// https://daunou-opera.com / website is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https:// https://daunou-opera.com / and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the https:// https://daunou-opera.com / site.
SECURITY
To ensure the security and confidentiality of Personal Data and Personal Health Data, https:// https://daunou-opera.com / uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords. When processing Personal Data, https:// https://daunou-opera.com /prend takes all reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
10. Hypertext links, cookies and internet tags
The https:// https://daunou-opera.com / website contains a number of hypertext links to other sites, set up with the authorization of https:// https://daunou-opera.com /. However, https:// https://daunou-opera.com / is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect. Unless you decide to disable cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options provided below, although this may reduce or prevent access to all or part of the Services offered by the site.
10.1 «COOKIES
A «cookie» is a small information file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone), (hereinafter «Cookies»). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies are in no way likely to damage the User’s terminal. https:// https://daunou-opera.com / may process information concerning the User’s visit to the Site, such as the pages consulted and searches performed. This information enables https:// https://daunou-opera.com / to improve the content of the Site and the User’s browsing experience. Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure his/her browser to allow him/her to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically, or depending on the sender. The User may also configure his browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his terminal.
https:// https://daunou-opera.com / informs the User that, in this case, the functions of his/her browser may not be fully available. If the User refuses to accept cookies on his or her terminal or browser, or if the User deletes cookies stored on his or her terminal or browser, the User is informed that his or her browsing and experience on the Site may be limited. This may also be the case when https:// https://daunou-opera.com / or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet. Where applicable, https:// https://daunou-opera.com / declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by https:// https://daunou-opera.com resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https:// https://daunou-opera.com / to record or consult the Cookies necessary for their operation due to the User’s choice.
Each browser is configured differently to manage Cookies and User choices. It is described in the browser’s help menu, which will indicate how the User can modify his or her wishes with regard to Cookies. At any time, the User may choose to express and modify his or her wishes with regard to Cookies. https:// https://daunou-opera.com / may also call on the services of external service providers to help it collect and process the information described in this section. Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the https:// https://daunou-opera.com / Website or in its mobile application, and if the User has accepted the deposit of cookies by continuing to navigate on the https:// https://daunou-opera.com / Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone). These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on the https:// https://daunou-opera.com / website or mobile application. However, the User may revoke his or her consent to https:// https://daunou-opera.com / depositing this type of cookie at any time.
ARTICLE 10.2. INTERNET TAGS
https:// https://daunou-opera.com / may occasionally employ Internet tags (also known as «tags», action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a specialist web analytics partner who may be located (and therefore store the relevant information, including the User’s IP address) in a foreign country. These beacons are placed both in the online advertisements enabling Internet users to access the Site, and on the various pages of the Site. This technology enables https:// https://daunou-opera.com / to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User’s use of the Site. The external service provider may collect information on visitors to the Site and other Internet sites thanks to these tags, compile reports on Site activity for https:// https://daunou-opera.com /, and provide other services relating to the use of the Site and the Internet.
11. Article: Claims
1. All claims must be sent in the first instance by registered post (return receipt requested) to the hotel address, no later than 15 days after the date on which the event giving rise to the damage occurred. After this deadline, no claim will be considered.
2. Any legal action must be preceded by an attempt to settle the dispute amicably, so that the customer undertakes to contact the hotel’s customer service department, either at the hotel’s address or by e-mail.
3. In the event of a negative response, or in the absence of a response, the establishment concerned and the Customer will have the option of implementing an alternative dispute resolution method, such as conventional mediation or court conciliation (Art. 1530 et seq. of the French Code of Civil Procedure / Art. L.611-1 et seq. of the French Consumer Code).
4. The customer may refer the matter to the Médiateur du Tourisme et du Voyage, whose contact details are given below: Médiation Tourisme et Voyage BP 80 303 75 823 Paris Cedex 17 Website: www.mtv.travel “. It being specified that :
- The Mediation officer’s contact details are available on the www.mediationconso-ame.com website;
- The Mediation officer may be contacted within twelve (12) months of the first complaint;
- The Mediation officer’s contact form is also available on the www.mediationconso-ame.com/demande-de-mediation-ame.html website.
5. We also inform the customer of the existence of a European platform for Online Dispute Resolution (“ODR”) to which he may have recourse. Customers can access this platform via the following link: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
12. Applicable law and jurisdiction.
All disputes arising from the use of the https:// https://daunou-opera.com / website are subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Paris.