GENERAL TERMS AND CONDITIONS OF USE FOR VISITORS / CLIENTS AND CONTRIBUTORS
1 Introduction
1.1 The Comité du Tourisme des iles de Guadeloupe (hereinafter “the CTIG” or “we/us” or “the Supplier”) provides an online platform (hereinafter “the Platform”) along with a range of tools, services and functions that enable:
1.1.1 Contributors (hereinafter the “Contributor” or collectively the “Contributors”) to contribute articles to the collaborative encyclopaedia Guadeloupédia;
1.1.2 Local Partners (professionals and individuals) (hereinafter the “Partner” or “Owner-Partner” or “Local Partner” or collectively the “Partners” or “Owner-Partner-Partners” or “Local Partners”) to list accommodation and activity Offers (hereinafter the “Offers”) and Visitors / Clients to book these Offers (hereinafter the “Services”). The Services are provided by URLs specific to each country, notably, in France, via the URLs http://www.lesilesdeguadeloupe.com/ or https://www.lesilesdeguadeloupe.com/ and through mobile applications (for mobile phones, tablets and other devices or interfaces) (referred to collectively as the “Site”).
1.2 These General Terms and Conditions of Use for Contributors and Visitors / Clients (hereinafter the “General Terms and Conditions of Use for Contributors and Visitors / Clients”), along with our Personal Data Policy, govern the relationship between the Supplier and any individual using or accessing the Site or any content or service offered on the Site, as a Visitor / Client, or potential Visitor / Client (hereinafter “Visitor / Client” or “you”), and not as an Owner-Partner or property manager. The term Visitor / Client means any person using the Site to obtain information on holiday lets or activities or to book one of said holiday lets or activities, for professional or personal reasons, from Owner-Partners or property managers or managers of tourist activities.
1.3 The General Terms and Conditions of Use for Contributors and Visitors / Clients constitute a legally binding contract between the Supplier and the Contributors or Visitors / Clients. By using or accessing the Site or the Supplier’s platforms or systems, you acknowledge that you accept the General Terms and Conditions of Use for Contributors and Visitors / Clients and our Confidentiality Policy, on your own behalf and on behalf of anyone mentioned in your article contribution or booking, and that you are subject thereto. Any article contribution or booking made through a CTIG site is governed by the General Terms and Conditions of the CTIG site through which the booking is finalised (and not necessarily those of the CTIG site on which the article contribution or holiday let or offer of activity was initially listed). In the case of any conflict whatsoever between the General Terms and Conditions of the CTIG site on which you found the holiday let or offer of activity and the General Terms and Conditions of the CTIG site on which you made the booking, the General Terms and Conditions of the CTIG site on which you made the booking will prevail. If you do not accept the General Terms and Conditions of Use for Contributors and Visitors / Clients, you are not authorised to access or use the Site.
1.4 The Supplier does not authorise anyone to register on the Site unless they have the necessary legal personality and capacity to enter into legally binding contracts.
1.5 The Supplier may amend these General Terms and Conditions of Use for Contributors and Visitors / Clients at any time, by publishing an updated version on this web page. You may view the most recent General Terms and Conditions of Use for Contributors and Visitors / Clients on this page at any time.
2 General remarks
2.1 This site is a platform where Contributors can contribute articles to the Guadeloupédia encyclopaedia, and where Visitors / Clients can view advertisements for holiday lets (the “Holiday Lets”) and activities (the “Activity Offers”) offered by other people, including Owner-Partners, property tenants or managers and managers of tourist activities (hereinafter the Owner-Partner and collectively with a Visitor / Client, the “Users”) or obtain information on said Holiday Lets or Activity Offers. We may also offer other tools or services to enable Users to communicate and enter into letting agreements or other transactions with each other.
2.2 The Site provides a platform enabling users to interact with each other; the Supplier is not and shall not become a party to the contractual relationship between the Visitor / Client and Owner-Partner and shall not act as a mediator between the Visitor / Client and the Owner-Partner in the event of a dispute between them. This shall remain the case even if the Site facilitates booking a Holiday Let or Activity Offers, or the use of other tools, services or products, insofar as the Supplier is not a party to any letting or other agreement between Visitors / Clients and Owner-Partners.
2.3 Contributors and Visitors / Clients accept that they are responsible for and agree to comply with all laws, rules and regulations applicable to their use of the Site, their use of any tool, product or service offered on the Site, and any transaction they enter into on the Site or in relation to their use of the Site. Visitors / Clients are informed that Owner-Partners also accept that they are responsible for and agree to comply with all laws, rules and regulations applicable to their Holiday Let or Activity Offers advertisement and carrying out their activities. You should note that, even though the Supplier is not a party to letting or activity transactions and declines any liability for compliance with the law or regulations with regard to the letting of Holiday Lets or Activity Offers listed on the Site, there may be circumstances in which the Supplier is nonetheless obliged (willingly and at their entire discretion) to provide information relating to any advertisement in order to respond to requests from the public or regulatory authorities in respect of investigations, disputes or administrative procedures, and that it may decide to fulfil or ignore such obligations, at its sole discretion.
2.4 The Site publishes advertisements for Holiday Lets and Activity Offers provided by Owner-Partners and content provided by third parties. This content is the responsibility of the Owner-Partner or third party who has created it. We cannot under any circumstances be held liable for said content, insofar as we simply provide access to it in our capacity as a service provider, and we simply enable you to communicate directly with the Owner-Partner in order to obtain information about a specific Holiday Let or Activity Offer directly from the Owner-Partner concerned. All bookings are made directly with the Owner-Partner and the letting agreement will be entered into between the Owner-Partner and yourself. This agreement will govern your right to occupy and use the Holiday Let, and may include obligations to pay additional costs and taxes. The Supplier will not be a party to the letting agreement in any way. We do not provide any guarantee whatsoever as to the authenticity, accuracy or reliability of the information contained in the advertisements on the Site, or the various opinions or any content posted by third parties.
3 Advertisements and interactions with Owner-Partners
3.1 Visitors / Clients are informed that Owner-Partners are entirely responsible for all the information, and in particular all images, all texts and other content, relating to the Holiday Lets and Activity Offers which they offer through the advertisements (“Advertisements”), updating them and ensuring (if applicable) that they are correctly translated. As a result, translations into other languages are the exclusive responsibility of the Owner-Partner. Where a link on the advertisement points to Google Maps, the Owner-Partner warrants to the Supplier that the address of the link is correct.
3.2 The online payment service enables the Visitor / Client to make their booking online. Payment for the amount of the booking is made by bank card and the third-party payment provider (the organisation that receives the sums paid directly by the Visitor / Client when making an online payment). Since the online payment service is provided by a third-party service provider, the Visitor / Client acknowledges and accepts that the Supplier is a third party to the contract and has no control and bears no responsibility for the services provided by the third-party payment provider.
3.3 Any Request for cancellation or amendment of a booking, or any request for an invoice sent by a Visitor / Client to an Owner-Partner through the Site may include the Visitor / Client’s personal data (including their e-mail address, phone number and other information provided by the Visitor / Client) and the Owner-Partner is authorised to use said information to respond to the Visitor / Client.
3.4 Booking requests sent via the Site may be visible to the person to whom they were originally sent and by the CTIG, if they have been contacted by users or other persons in order to obtain information on previous requests for information or previous stays. The Supplier may also view messages sent through its platform on an ad hoc basis.
3.5 The Supplier may also occasionally use third-party e-mail servers to send and track the receipt of Request messages and analyse the use made of the Contact function provided by its third-party tracking systems. The CTIG system does not retain messages indefinitely and they may no longer be accessible after the message has been sent to its recipient. The CTIG recommends printing a copy of any message that may be important to the Visitor / Client – for example, a payment receipt or booking confirmation.
3.6 The Supplier is not involved in any way and bears no responsibility for the content of communications between the Owner-Partner and the Visitor / Client and therefore may not be held liable for said content, within the limits of the provisions of Article 6-I-2 of Act no. 2004-575.
4 Editorial guidelines for contributions to the Guadeloupédia encyclopaedia
4.1 The Encyclopaedia of the Guadeloupe Islands, Guadeloupédia, is an ambitious project to bring together knowledge about the Guadeloupe archipelago. It aims to act as a repository for older, recent and future knowledge. Articles and authors are presented via a fun, practical interface. The aim of the encyclopaedia is to popularise knowledge and target a very wide audience. Both authors and institutions therefore do their best to convey their knowledge in the most comprehensible way possible.
4.2 Objectives: The Encyclopaedia of the Guadeloupe Islands aims to attract a new audience, with an interest in anything about Guadeloupe. The primary goal is to promote the archipelago as the diverse place it is. The objective is to reach as large and diverse an audience as possible.
4.3 Prohibited content: The Encyclopaedia of the Guadeloupe Islands places no restrictions on the topics covered since articles are moderated prior to publication. Articles that contain obscenities, make unfounded accusations, are defamatory, infringe privacy or contain political opinions will be systematically rejected.
4.4 Obligations: Authors and Partners undertake to ensure they own the rights to both the visuals and texts they provide.
4.5 Categories: The Encyclopaedia has six main themes (Geography, History, Nature, Arts and Culture, Society and Institutions, Women and Men). Twenty-three sub-themes have been defined to date but may be amended, added to or removed if suggested.
4.6 Graphic design: Articles are divided into sections, each of which contains visual elements (videos and/or photos). An article consists of a title, signature, body text, and, if necessary, footnote references. The choice of font, page formatting and colours is the responsibility of the project’s designer, MRM McCann.
4.7 Encyclopaedia Partners: Any institution that has provided articles and any individual author whose article has been accepted for publication in the Encyclopaedia is entitled to use the title “Encyclopaedia of the Guadeloupe Islands Partner”.
4.8 Moderation: Although articles are edited and accepted prior to publication, any article that is flagged up would be referred to a member of the Scientific Committee (with the most relevant area of expertise) for an opinion on whether the article should be withdrawn or retained on the platform.
4.9 Promotion of the Encyclopaedia: Partners, authors and the CTIG undertake to promote the articles provided to it free of charge. They also undertake to publicise the existence of the Encyclopaedia and its purpose, so that it develops as quickly as possible but also remains viable for the long term.
4.10 These guidelines were approved by the whole of the Scientific Committee on 9 December 2016, at the CTIG offices in Pointe-à-Pitre.
- Professor Sarah Gaspard, Université des Antilles, Environmental Chemistry
- Professor Dominique Berthet, Université des Antilles, Arts and Aesthetics
- Mr Joël Raboteur, Université des Antilles, Lecturer in Economics
- Mr Frédéric Régent, IHRF, Université Paris 1 Panthéon Sorbonne, History
- Mr Willy Rosier, Director General of the Guadeloupe Islands Tourist Board (CTIG)
- Mr Eli Philippo, Information Systems Manager, CTIG
- Ms Caroline Seveno, PhD in History, Manager of the Encyclopaedia project
5 Registration
5.1 Contributors and Visitors / Clients who wish to use the services made available on the Site must register to do so. Registration is reserved for individuals with the legal personality and capacity to enter into a contract, which excludes minors and those in the care of a guardian, among others. A user account (“Account”) is created during the registration process.
5.2 To register on the Site, Contributors and Visitors / Clients simply need to click the “My Account” button and then follow the instructions provided by the Supplier. They are then directed to a page where they must enter their last name, first name and valid e-mail address and choose a password. Once the information entered has been verified, Contributors and Visitors / Clients can complete their registration by expressly accepting these General Terms and Conditions of Use and clicking on the “Validate” button. A Contributor or Visitor / Client can open an account using a personal e-mail address.
5.3 A Contributor or Visitor / Client account includes information that is publicly accessible to other users and may also be made accessible to other internet users who are not registered on the Site, for example in the results of search engines such as Google. An Account includes, among other things:
- a personal page, called “My Profile”, where the profile name of the Contributor and Visitor / Client is displayed as an obligatory field. Other personal, contribution and travel information is optional and provided at the discretion of the Contributor and Visitor / Client;
- the ability to view your list of bookings, saved interactions and article contributions to the Guadeloupédia collaborative encyclopaedia;
- the ability to contact the Owner-Partner-Partner of the accommodation and activity offers booked;
- the ability to submit reviews of accommodation and activity offers booked at the end of the stay;
- the ability to vote on articles in the Guadeloupédia collaborative encyclopaedia.
5.4 The Contributor or Visitor / Client may delete their Account at any time, by going directly to the settings page of their profile or sending a request by post to 5 square de la Banque, BP 555, 97166 Pointe-à-Pitre cedex France. Contributors and Visitors / Clients acknowledge and accept that even if they deactivate their account, the CTIG reserves the right to retain certain data in accordance with the applicable law and the provisions of the Personal Data Policy. Contributors and Visitors / Clients accept that their data will be used in accordance with the terms of the Personal Data Policy. Contributors and Visitors / Clients also accept that data relating to their booking via the site can be sent to and remain on other sites, for example Google, in the case of Google search engines copying the content of CTIG sites or systems.
5.5 The Supplier also uses Google Analytics to obtain statistics on the use of the Site. This is explained in detail in the Personal Data Policy and Google’s Confidentiality policy. Google may aggregate data collected through its various services, including Google Analytics, Google Translate, Google Maps and YouTube. Contributors and Visitors / Clients acknowledge and accept that the CTIG does not control the collection of data by Google.
6 Rights and Obligations of the Supplier
6.1 The Supplier will do their utmost to ensure that the advertisements published on the Site reflect the information provided to the Supplier by the Owner-Partner-Partner as accurately as possible. However, Visitors / Clients are informed that differences compared with the original images may appear when digitising non-digital images or as a result of different screen settings. The Supplier cannot be held liable for such differences under any circumstances.
6.2 The Supplier cannot be held liable under criminal or contractual law for any misleading information or data that appears on the Site insofar as this has been sent to the Supplier by the Owner-Partner-Partner and has simply been reproduced by the Supplier. Any action by Visitors / Clients in relation to any misleading information or data must be taken solely and exclusively against the Owner-Partner-Partner and not against the Supplier. However, the Supplier undertakes to act promptly as soon as it becomes aware of the unlawful nature of information or data published on the Site, to withdraw said information and data or make access to them impossible. The Supplier cannot be held liable for translations of the advertisements published on the Site, supplied by the Owner-Partner-Partner to the Visitor / Client, or which the Visitor / Client has obtained independently.
6.3 The Supplier will use its best endeavours to ensure that the Site is kept up to date from a technical point of view. This requires occasional maintenance, which may result in restricted access to the Site. As far as possible, the Supplier will carry out such maintenance at a time when it will affect the interests of the Contributor and Visitor / Client as little as possible.
6.4 It is difficult to identify a User on the internet and the Supplier cannot bear sole responsibility for confirming the alleged identity of all Users. While it does not guarantee the authenticity of their identity, the Supplier recommends that the Owner-Partner contacts the Visitor / Client directly using the tools made available on the Site.
6.5 The Supplier also recommends that the Owner-Partner takes all the necessary steps to identify their potential Visitors / Clients and that Visitors / Clients should check the information provided about a property or offer of activity as well as the details of confirmed or proposed bookings. Contributors and Visitors / Clients accept (i) to keep their account log-in details (user name and password) and personal e-mail account details (user name and password) strictly confidential and secure and only disclose them to authorised third parties, (ii) give anyone with whom they share their user name and password appropriate instructions so that said person does not disclose them to unauthorised third parties, (iii) notify the Supplier immediately and create new user names and passwords for all of their accounts and personal e-mail if they believe unauthorised third parties may have accessed them, and (iv) inform the Supplier immediately if the Contributor or Visitor / Client is contacted by any third party requesting their user name and password. Moreover, should the Supplier suspect any unauthorised access to the Contributor’s or Visitor / Client’s account, the latter agree to change their user name and password immediately, at the Supplier’s request, and take any necessary action required by the Supplier in this respect. The Supplier strongly advises Contributors and Visitors / Clients against giving others access to their user name and password for their account or personal e-mail account. However, should the Contributor or Visitor / Client give others access to their user name and password, or fail to fulfil their obligations with regard to keeping this information secure, the Contributor and Visitor / Client will be responsible for any transaction/communication made by the third party, using the user name and password for their account and personal e-mail account, even if said transactions/communications are fraudulent and/or the Contributor and Visitor / Client did not want to carry them out.
6.6 Visitors / Clients acknowledge that the Supplier is not responsible for checking the identity or behaviour of an Owner-Partner or for establishing the nature, condition or existence of a property. However, the Supplier undertakes to take prompt action on the system to remedy any unlawful use that is brought to its attention.
6.7 The Supplier reserves the right to assign or transfer these General Terms and Conditions or allow a third party to replace it in respect of the rights and obligations arising therefrom, provided this does not in any way reduce the guarantees offered to Contributors and Visitors / Clients by them.
7 Personal data
7.1 The CTIG will gather personal data about Contributors and Visitors / Clients in the context of the Contributor’s and Visitor / Client’s use of the Site and Services. These data will be processed electronically and communicated to the CTIG and its communications agency. These data are required to record and manage the Contributor’s and Visitor / Client’s access to the Site, as well as for payment, management and invoicing transactions associated with bookings on the Site and to send commercial and promotional information to Contributors and Visitors / Clients. In accordance with the French Data Protection Act of 6 January 1978 as amended, Contributors and Visitors / Clients have the right to access, amend and remove data concerning them by writing to the CNIL.
7.2 Moreover, if the Contributor or Visitor / Client has agreed to receive a newsletter and information concerning additional services by e-mail, by ticking the appropriate box on the registration form, the Contributor and the Visitor / Client may receive communications from the CTIG as a result. The Contributor or Visitor / Client may opt out of receiving such communications at any time, by clicking on the Unsubscribe link at the bottom of each e-mail, or logging into their Client Area to manage their communication preferences through the MY ACCOUNT section, or sending a request by post to 5 square de la Banque, BP 555, 97166 Pointe-à-Pitre cedex France.
8 Intellectual property
8.1 All content published on the Site is protected by copyright and database rights. Any reproduction of the Site either partially or in full, by copying text, graphics or drawings, is strictly prohibited.
8.2 Visitors / Clients may download, display or print individual pages to prove the existence of the contract between the Owner-Partner and themselves. The phrase “© 2017 CTIG - all rights reserved” must be clearly visible in all files and all print-outs of these pages.
8.3 If a Contributor or Visitor / Client sends, submits or publishes any content of any kind via the Site, platform or Supplier’s system, they declare that they have the necessary rights and authorisations and have obtained the necessary consent of any person or item appearing in said content. The Supplier undertakes to take prompt action on the system to remedy any unlawful access or use that is brought to its attention.
8.4 Should the comments, reviews or other content posted by Contributors or Visitors / Clients contain registered trademarks, they confirm that they own the rights thereto.
8.5 By publishing content on the Site (in particular all texts, descriptions, opinions, photographs and other content), the Contributor and Visitor / Client authorise the Supplier, within the limits of the provisions applicable to content protected by copyright, to use them on the Site and in any other type of publication, and grant the Supplier a non-exclusive, free, transferable and irrevocable right, which can be granted in full as a licence, to use, reproduce, translate, disseminate or publish said content or create works derived from it, or display or produce said content in public, worldwide, regardless of the medium used, whether already in existence or invented subsequently for any use whatsoever, in any language, any place and for the entire duration of literary and artistic property as defined in international conventions and current and future laws in France and abroad.
9 Contributors’ and Visitors / Clients’ accounts, contributions, communications and reviews
9.1 Contributors and Visitors / Clients are obliged to enter and record precise and accurate information concerning their personal identity on their Account, their user profile and in all other communications via the Site, including their reviews of offers booked.
9.2 Any message sent using the Supplier’s system must only contain serious requests. Misuse of the Supplier’s system, in particular to send unsolicited commercial communications (spam) or disclosing users’ personal information to third parties, is prohibited, unless you have the user’s express permission. You undertake to protect other users’ personal information with the same degree of care taken to protect your own confidential information (by applying a reasonable level of care as a minimum) and assume full responsibility in the event of misuse, loss or unauthorised transfer of such information.
9.3 Visitors / Clients are entitled to publish their own reviews of the offers they have booked at the end of their stay. Owner-Partners will be entitled to see the reviews left by Visitors / Clients and respond to them. Please note that the Supplier neither verifies nor has the capacity to verify the accuracy or other aspects of the reviews left by Visitors / Clients or the Owner-Partner’s responses.
9.4 The Supplier does not carry out any identity checks. If Visitors / Clients suspect that an Owner-Partner has provided fraudulent information, they are asked to notify the Supplier through the contact form. However, the Supplier undertakes to take prompt action on the system to remedy any unlawful access or use that is brought to its attention.
9.5 The Supplier is compliant with the provisions of the French Data Protection Act of 6 January 1978. Contributors and Visitors / Clients accept that their data will be used in the manner described in the Personal Data Policy. Contributors and Visitors / Clients are informed that in general terms, Owner-Partners have specifically authorised the Supplier to publish their contact details, as specified in the terms of the Personal Data Policy, in particular their phone number and e-mail address, for Visitors / Clients who have submitted requests concerning an offer booked with the Owner-Partner. Visitors / Clients may ask to receive their information subject to providing a booking confirmation; otherwise, such information can be provided to Visitors / Clients through their Account.
10 Indemnification
Except where the Visitor / Client meets the criteria for definition as a consumer as stipulated in French law, the Visitor / Client agrees to protect, indemnify and release the Supplier and its respective directors, board members, employees and officers from liability in the event of complaints, proceedings, claims, recovery, losses, damages, fines, penalties or other costs or expenses of all types and of any kind, including but not limited to all reasonable legal and accountancy costs invoiced or incurred by third parties in relation to, resulting from or associated with the following elements: (a) any content or material that the Contributor or Visitor / Client submits or provides wrongfully or illegally, for it to be added to the Site; (b) any misuse of the Site by the Contributor and Visitor / Client; (c) any failure by the Contributor and Visitor / Client to comply with these General Terms and Conditions of Use for Contributors and Visitors / Clients; and (d) any wrongful act committed by the Visitor / Client during their stay in a Holiday Let or participation in a tourist activity.
11 Prohibited actions
The Contributor and Visitor / Client are not authorised, either directly or indirectly, to:
- Exploit, copy, distribute, reproduce, modify, translate, make publicly available or decompile the Site, its content, any database integrated into the Site or any other similar element, in any way whatsoever, using automated equipment or manual procedures;
- Monitor the content of the Site or communications using robots, spiders or other automated systems; subject, however, to an exception to the above being made both in respect of general search engines on the internet (to the exclusion of any website, search engine or other service offering classified advertisements or advertising in relation to Holiday Lets and activity offers, or any other sub-component of the above or whose activity consists of providing short-term property letting services or tourist activities and other services competing with the Site or the Supplier), and in respect of public, non-commercial archives using information collection tools with the sole aim of publishing hypertext links to the Site, provided, however, that each of them does so from a stable or series of stable IP addresses, using an easily identifiable agent that is compatible with the Supplier’s robots.txt file.
- Use the Site, platform, Supplier’s systems or any information provided by a User for purposes other than those authorised by these General Terms and Conditions of Use for Contributors and Visitors / Clients;
- Use the Site or the tools and services available on the Site to book or submit a request to rent a property or book a tourist activity other than the one shown in a valid Advertisement;
- Reproduce any section of the Site on another website or otherwise, using any device whatsoever and in particular, by using a frame or border around the Site or using any other framing technique to encircle any section or other aspect of the Site, or creating an identical reproduction or duplicating any section of the Site;
- Communicate or send in any way whatsoever, or introduce any content or program that could damage the system and network, or use any computer hardware or software containing damaging or harmful content or programs;
- Publish content that constitutes a breach of the criminal law or regulations or any other legislation or regulations in effect, notably those relating to personal data protection and privacy, or which incites someone to breach them;
- Use or view the Site, platform or Supplier’s systems in a way that is likely to harm a computer system or network, including by importing a virus (the term “virus” meaning, for the purposes of this agreement, any program that is deliberately introduced into a system with no functional objective and/or for destructive purposes, such as to display an irritating message or systematically replace the data stored on a user’s hard disk);
- Display or communicate false, fraudulent or misleading information in any way whatsoever, or commit any act likely to be considered as phishing (whether it is primary, secondary or other) and which could render them liable under the criminal or civil law;
- Display or communicate any illegal, threatening, abusive, defamatory, libellous, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Refer to the Supplier or its affiliates in any way whatsoever, which might suggest that the Contributor and the Visitor / Client, the article contributed, the property, advertisement or website is sponsored, affiliated, a partner of or approved by the Supplier.
12 Right to removal of content
Contributors and Visitors / Clients are responsible for guaranteeing that their contributions, communications and content that they publish on the Site do not breach any law or the rights of any person or organisation, and do not contain any false information, insult, libel or data that infringes intellectual property rights or the French Data Protection Act of 6 January 1978 or Directives relating to content.
If a third party requests the removal of any comment or content published by a Contributor or Visitor / Client on the basis of a presumed breach of trade marks, copyright or legislation relating to competition or the protection of personal data and/or privacy, or for any other valid reason, and the Contributor or the Visitor / Client cannot provide the CTIG with evidence that they have the right to publish said content, including the images and/or photographs concerned, the Supplier will have the right to block and/or remove the contributions, comments or any other content published by the Contributor or Visitor / Client, either temporarily or permanently, without prejudice to any other legal action. The Supplier may verify all the data posted on the Site or the platform or the Supplier’s systems, and remove or modify them if such data are no longer accurate or up to date. Subject to all the other courses of action available to it, the Supplier will be entitled to withdraw immediately any contribution, communication or other content displayed on the Site in breach of these requirements, and to suspend or prevent the use of any associated Account.
13 Communications with the Supplier
13.1 Any communication from the Contributor or Visitor / Client with the Supplier must be sent by post to 5 square de la Banque, BP 555, 97166 Pointe-à-Pitre cedex France, or using the contact form on the Site.
13.2 Notifications concerning breaches of an intellectual property right must include the following information:
13.2.1 the postal address, phone number and e-mail address of the person sending the notification;
13.2.2 detailed information about the content concerned (attach an image or quote the text) and a link to the site;
13.2.3 a formal declaration stating that:
- the Contributor and Visitor / Client is the Owner-Partner or holder of an exclusive licence to the industrial or intellectual property rights of the work concerned or the holder of an exclusive right to use said work;
- the Contributor and the Visitor / Client has not authorised the use of the documents concerned on the Site.
14 Supplier’s liability
14.1 The Site simply represents a space that allows you to view and contribute articles to the Site, view advertisements for Holiday Lets and tourist Activities on the Site, and make a booking with an Owner-Partner to rent their Holiday Let or participate in an Activity. Regardless of the Holiday Let or Activity selected, the contract entered into with the Owner-Partner of the Holiday Let or Activity constitutes the agreement between the Owner-Partner and yourself, the conditions of which will apply to your booking. The conditions of the letting or activity agreement may therefore limit and/or waive the Owner-Partner’s liability towards you, which is why you are advised to read these carefully before making a booking.
14.2 We do not provide any cover for Owner-Partners, property managers or managers of tourist activities, or to Visitors / Clients by means of a liability insurance policy, even if a user has taken out an insurance policy through one of our third-party service providers. All Visitors / Clients are recommended to take out appropriate travel insurance to cover their booking of a Holiday Let or Activity Offer with an Owner-Partner-Manager, particularly in the event of cancelling their booking. It is the Visitor / Client’s responsibility to check that the insurance they are taking out is adequate and appropriate to their needs.
14.3 Neither the CTIG nor any of its directors, board members, consultants, officers and/or employees or any other third-party providers of a tool offered on the site of a member of the CTIG can be held liable for any loss of profits or any other indirect, special, additional harm or damages associated with or resulting from the Site, the use of the Site by the Contributor and Visitor / Client and/or any transactions carried out between Users, even if the Supplier has been informed of the likelihood of such damages. These limitations and exclusions will apply even if the damages in question are the result of the termination of a contract, negligence or any other grounds for legal action. If you are not satisfied with the Site (or the platform or the Supplier’s systems) or if you disagree with any of these General Terms and Conditions of Use for Contributors and Visitors / Clients, your only recourse against the Supplier is to cease using the Site. Nothing in these General Terms and Conditions of Use for Contributors and Visitors / Clients can exclude or limit the CTIG’s liability in the case of death or bodily injury resulting from negligence on its part, or in the case of fraud or fraudulent representation by the CTIG. This clause does not apply if the Contributor and Visitor / Client satisfy the criteria for the definition of a consumer as stipulated in French law.
15 Miscellaneous
15.1 These General Terms and Conditions of Use for Contributors and Visitors / Clients are governed by French law and subject to the non-exclusive jurisdiction of the French courts.
15.2 These General Terms and Conditions of Use for Contributors and Visitors / Clients constitute the entire agreement between the Supplier and the Contributor or Visitor / Client.
15.3 The Supplier recommends that all Contributors and Visitors / Clients save a copy of these General Terms and Conditions on their computer or print a paper copy for archiving purposes.
15.4 Failure by the Supplier to take action in the event of a breach by the Contributor, Visitor / Client or others of these General Terms and Conditions of Use for Contributors and Visitors / Clients does not imply that the Supplier waives its right to act in the event of other subsequent or similar breaches.
15.5 The headings of the clauses of these General Terms and Conditions of Use for Contributors and Visitors / Clients are provided for reference only and may not affect the interpretation of these General Terms and Conditions of Use for Contributors and Visitors / Clients.
15.6 Should one or more of the provisions of these General Terms and Conditions of Use for Contributors and Visitors / Clients be or be found to be null and void, the remaining provisions shall remain in effect, unless the provision that is null and void relates to an essential condition of these General Terms and Conditions of Use for Contributors and Visitors / Clients or stipulations that are interdependent.
Updated: 1 october 2019