publishing company : Château de coudray montpensier

URL : www.coudray-montpensier.fr
Company : SOCIETE HOTELIERE DU COUDRAY MONTPENSIER
Legal Status : SARL
Registered office : Rue de Montcontour – 37210 Vouvray
SIRET : 499 904 837 00014
Share capital : 831.000 €
RCS : RCS TOURS B 499 904 837
Intracommunity VAT : FR45 499 904 837
APE code : 5610A

Telephone : +33 2 47 52 60 77
Email : infos@vignobles-feray.com
Director of publication, legale representative : M. Gilles Ferray

Webmaster/CrEation Site Web : MMCréation

URL : www.mmcreation.com
Company : MMCréation
Legal status : Société à responsabilité limitée (SARL)
Head office : 49 rue de Ponthieu – 75008 Paris
SIRET : 339 237 992 00047
Share capital : 38 112,00€
RCS : 339 237 992 R.C.S. PARIS
Intracommunity VAT : FR 76 339 237 992
APE code : 6312Z
Telephone : +33 1 45 74 76 00
Email : info@mmcreation.com

Hosting and Publication : AMEN

URL : https://www.amen.fr/
Company : AMEN AGENCE DES MEDIAS NUMERIQUES
Legal status : Société par actions simplifiée (SAS)
Head office : 12 à 14 Chez Regus, 12 Rond-point des Champs-Elysees – Marcel Dassault - 75008 PARIS
SIRET : 421 527 797 00011
Share capital : 37.000€
RCS : Paris 421 527 797
Intracommunity VAT : FR 29 421 527 797
APE code : 6312Z
Telephone : 01 70 99 53 42

definitions

GCU : refers to these General Terms and Conditions of Use of the www.coudray-montpensier.fr Internet Site.

Customer : any professional or natural person capable within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Site which is the subject of these General Terms and Conditions.

Content : all the elements making up the information on the Site, in particular text, images and videos.

User Account: refers to the space reserved for storing User data.

Personal Data: refers to all information relating to an identified or identifiable natural person.

Hotel Owner: refers to the hotel and/or restaurant professionals listed by the Publisher and offering their services on the Site.

Parties: refers jointly to a User and the Publisher, in the context of making an online reservation.

Data Subject: refers to the natural person concerned by the Processing of Personal Data.

Prestation: refers to the non-residential accommodation, catering and other ancillary services provided by Hotel Owners and which may be booked via the Site.

Service: refers to the set of tools put in place by the Publisher, enabling the User to book services with establishments listed by the Publisher.

Processing of Personal Data: means any operation or set of operations relating to such data, regardless of the process used, and in particular the collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination or any other form of making available, alignment or combination, as well as blocking, erasure or destruction. Processing is said to be ‘automated’ when it results in the creation of computer files or databases, regardless of the means or computer medium used, as well as any procedure for consulting or transmitting personal information by remote means, regardless of the means of telecommunication used.

User: refers to the natural or legal person, individual or professional, who makes an online reservation.

Visitors: refers to natural or legal persons, individuals or professionals who, for whatever reason, consult one or more pages of the Site without taking advantage of the Services.

1. Privacy policy - Protection of personnal data

By virtue of Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https:// coudray-montpensier.fr / website are informed of the identity of the various parties involved in its creation and follow-up:

Publication manager : Feray – gilles.feray@vignobles.feray.com
The person responsible for publication is a natural person or a legal entity.
Webmaster: Société MM Création - 32 Avenue de Wagram 75008 Paris - - +33(0)1 45 74 76 00
Host : Amen -12 au 14 chez Regus, 12 rond-point des Champs-Elysees – Marcel Dassault, 75008 Paris
Data protection delegate: Feray – gilles.feray@vignobles.feray.com

The Publisher endeavours to use appropriate administrative, technical and organisational means to protect Personal Data. To this end, it complies with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as with the provisions still in force of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms.

As the purposes and means of the processing are defined jointly by the Publisher in the context of booking Services on the Site and by the Hotel Owner in the context of invoicing, payment and execution of the Services, they are considered to be jointly responsible for the processing.

The User must tick the specific box provided for this purpose in order to consent to the collection and processing of his/her personal data. Failing this, access to the service will be denied.
If the User has reason to believe that his/her interactions on the Site are no longer secure, it is his/her responsibility to contact the Publisher using the details provided in the ‘Contact’ section.

1.1. COLLECTion of personal data

The Publisher collects personal data relating to Users of the Site, which is strictly necessary for the provision of the Services, namely :

Identification details: title, surname, first name, postal address (including postcode, town, country), email address, telephone number, billing address and, where applicable, the age of any children.

Usage history data: membership of the Loyalty Programme, key dates, previous stays or interactions as a User, products and/or services used, requests for services and/or special arrangements:

Membership or loyalty programme data; Key dates; Previous stays or interactions as a customer, products and services purchased, requests for services and special arrangements; Customer preferences and personalised data; Social network account identifiers, profile picture and other data already in the public domain, or information made available by linking to social network and loyalty accounts.

Personal data is collected:

- By means of online questionnaires that the User fills in as part of the various requests for information made to them (Reservations, Questionnaires, Customer account preferences, etc.);

- By integrating data from the User's account(s) on the Social Networks. In order to be implemented, this data integration must be expressly authorised by the User by validating the proposal made to this effect;

Use of cookies:
In addition to the collection of personal data defined above, data may also be collected when browsing the Site via a cookie installed on the User's and/or Visitor's computer.

A cookie is a block of data which does not enable the User/Visitor to be identified but which is used to record information relating to his browsing on the Site (pages consulted, date and time of consultation, etc.). This information may be read by the Site during subsequent connections.

Users and/or Visitors have the option of accepting or objecting to the storage of cookies by ticking the appropriate box. The consent given is valid for 13 months.

The Publisher undertakes never to communicate the content of these cookies to third parties, except in the event of legal requisition.

1.2. purpose of collecting and processing personal data

Personal data is collected and processed by the Publisher in order to :

- To enable the User to reserve Services,
- Make it easier for the Hotelier to carry out the Services booked by the User,
- To optimise the management of User satisfaction questions:

Transmission and collection of pre- and post-stay questionnaires,
Access to contact forms,

- To enable the offer to be tailored to the User's preferences:

Account creation,
Request a quote and other contact points in the customer journey,
Customer service,

- Facilitate the management of the loyalty programme and Guest Management System (customer knowledge management tool)
- To ensure that the content of the site is presented in the most efficient manner (display, navigation, etc.);
- To enable the User to participate interactively in the Site's services, subject to his/her express prior agreement;
- To inform the User of any changes to the Site's offering;
- To organise marketing operations, subject to the User's express prior consent.

1.3. storage of personal data

The personal data collected is stored in a secure database on the Publisher's and/or Subcontractor's servers.

Users' personal data is kept:

When a Service has been booked, for a period of five years, corresponding to the limitation period under common law in contractual matters (Article 2224 of the French Civil Code);
When no Service has been booked, for a period of three years, for commercial solicitations;
Credit card details are not recorded or stored on the Site's databases.

1.4. TRANSFER of personal data

For the purposes referred to in paragraph ‘b’ of this article, the personal data collected may be transferred to third parties, in particular :

Hoteliers, for the provision of the Service,
the banking platform, for making online prints,
online hotel reservation platforms including, in particular, TravelClick,
commercial partners (travel agencies, all operators, etc.)

The User is informed that as part of the transfer of data required to provide the Service, Personal Data may be communicated to persons located outside the European Union (hereinafter ‘EU’) and/or the European Economic Area (hereinafter ‘EEA’).

Validation of these GCU implies the User's express authorisation to transfer his/her data outside the EU and EEA, for the sole purpose of providing the Service. In this case, the Publisher will ensure that the transfer of the User's personal data is carried out under a data transfer agreement drawn up on the basis of the standard contractual clauses adopted by the European Commission or by a supervisory authority with the approval of the European Commission.

1.5. user rights

The User has all the rights provided for by the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2017), the right of access, rectification, opposition, oblivion, limitation of processing, portability, information and communication.

Users may exercise all their rights by contacting the Data Controller at the addresses given in point 1.

Within the framework of the right to information and communication, any communication of a copy of the data collected, beyond the first one which is free of charge, will be invoiced at €200.

1.6. hypertext links

The Site may contain links to other sites which are beyond our control and are not covered by this privacy policy. The Publisher is not responsible for the content of these sites, nor for the way in which your personal data is collected and used on them.

1.7. MODIFICATION of the confidentiality policy

The Publisher reserves the right to modify the confidentiality policy at any time. It will indicate any changes by updating the date appearing at the top of the confidentiality policy. The User is invited to visit this page regularly.

2. Conditions of application

2.1 - Purpose : The purpose of these GCU is to define the terms and conditions under which the Publisher provides the Service to Users. They do not apply to the performance of Services for which Hotel Owners alone are responsible.

2.2 - Validity: Any use of the Service implies the User's full and unreserved acceptance of the GCU.
The Publisher reserves the right to adapt or modify the GCU at any time. For each order, the applicable GCU are those in force on the day the order is validated by the User.

Any contrary or different provision invoked by the User, in the absence of express written acceptance by the Publisher, will be unenforceable against the latter, regardless of the time at which it may have been brought to the User's attention. The fact that the Publisher does not avail itself of any of the provisions of the GCU at a given time may not be interpreted as a waiver of its right to do so at a later date. In the event that one of the clauses herein is or becomes null or void, this shall not affect the validity of the other clauses, and the disputed clause shall be deemed unwritten.

2.3 - Access to the Service: Access to the Service is reserved for persons with full legal capacity and is subject to acceptance of these GCU.
The User must tick the specific box provided for this purpose, in order to accept the application of the GCU. Failing this, access to the Service will be denied.

3. online booking procedures

3.1 - Display of Services: The Hotel Owners are solely responsible for the information provided about the Services on the Site: photos, descriptions, etc. Any complaint may be addressed to the Site's Customer Service Department, which will contact the Hotel Owner concerned.
Any complaints may be addressed to the Site's Customer Service Department, which will contact the Hotel Owner concerned.

3.2 - Prices: Prices are set by each Hotel Owner for its own Services. They are indicated in Euros ‘including VAT’. In certain cases, prices may be displayed in the local currency of the place where the Service will be performed and the price paid.

The Hotel Owner may change its prices at any time. The price applicable to a reservation is that displayed when the reservation is confirmed.

The price displayed will be increased by a tourist tax payable directly to the Hotel, the amount of which will be stipulated on the booking confirmation.

3.3 - Booking: The User selects the Service(s) offered on the Site by clicking on the button provided. The entire selection is displayed in the ‘Total Price’ tab.

At any time before the booking is confirmed, the User can cancel or modify the Services selected, view the details, characteristics, quantities, amount to be paid, etc.

A summary of the booking is shown to the User before validation.

3.4 – Payment

La totalité du montant de la réservation devra être réglée directement auprès de l’hôtel.

The full amount of the reservation must be paid directly to the hotel.

In the case of special pre-payment offers and Hotels requiring a deposit or advance payment upon reservation, no direct debit is made by the Publisher. All payments, whatever their nature, are made between the Hotel Owner and the User, outside the Website, and have no impact on the confirmation of the reservation.

The User shall be informed by the Hotel Owner of the amount and conditions of payment of such deposits or advance payments, which must be expressly accepted by the User. Such exchanges must be made exclusively in writing and must be communicated by the Hotel Owner to the Publisher.

3.5 - Booking confirmation: The Site automatically and immediately sends a booking confirmation e-mail to the User after checking availability. If the User does not receive this e-mail, he/she must contact the Publisher's Customer Service department.

In the case of special pre-payment offers and Hotels requiring the payment of a deposit or down-payment at the time of booking, confirmation of the booking only becomes firm and definitive after receipt of said payment by the Hotelier.

Confirmation of the booking will be archived by the Site and considered as proof of the nature of the agreement and its date.

3.6 - Performance of Services: The Services are provided by the Hotelier in accordance with the booking confirmation. The User is advised to go to the chosen hotel with a copy of the booking confirmation.

3.7 - Cancellation - Right of withdrawal: In accordance with the provisions of 12° of article L.221-28 of the French Consumer Code, purchases of accommodation services, other than residential accommodation, catering or leisure activities provided on a specific date or at a specific time, do not benefit from the right of withdrawal.

The cancellation policy is specific to each Hotelier. Users wishing to cancel their reservation must contact the Hotel Owner directly using the contact details provided in the reservation confirmation.

4. Responsability

From the Publisher - The Publisher undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified́ that it has an obligation of means, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.

The Publisher provides Users with tools and technical means enabling them to book the Services. Its liabilitý is limited to the provision of these means, as described herein.

The Publisher undertakes to carry out regular checks in order to verify the operation and accessibilitý of the Site. In this respect, it reserves the right́ to temporarily interrupt access to the Site for maintenance reasons.

The Publisher shall not be held liable for any temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure or disruptions to the telecommunications networks.

The Publisher reserves the right to insert on any page of the Site and any communication to Users any advertising or promotional messages in a form and under conditions to be determined by the Publisher alone.

The Publisher may under no circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) which the User may access via the Site.

The Publisher accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

Nor is the Publisher responsible for any transactions between the User and any advertiser (including any of its partners) to which the User may be directed via the Site, and the Publisher shall under no circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which such third parties are bound.

The Hotel Owner - Hotel Owners are solely responsible to Users for all guarantees due in respect of the Services, by the service providers, under the conditions of common law.

The User - The User undertakes to provide accurate information and to keep it up to date with any changes affecting it.

The User undertakes to use the Site, Services and Services strictly in accordance with the law. He makes this commitment both for himself and for any persons on whose behalf he may act.

The User must take the necessary steps to back up by his own means the information in his User Account that he deems necessary. Any copies that the User may wish to obtain may be obtained as stated in article 2 a and b.

It is strictly forbidden to use the Services for the following purposes:

carrying out illegal, fraudulent activities or activities that infringe the rights or security of third parties,
undermining public order or violating applicable laws and regulations,
intruding into a third party's computer system or any activity of a nature to harm, control, interfere with or intercept all or part of a third party's computer system, violating its integrity or security,
sending unsolicited emails and/or commercial canvassing or solicitation,
manipulations intended to improve the referencing of a third-party site,
using the Site to distribute information or links redirecting users to a third-party site,
aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
and more generally any practice diverting the Services for purposes other than those for which they were designed.

Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Site.

The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Publisher's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of the Publisher, Hotel Owners and/or other Users, and more generally (vii) any breach of these General Terms and Conditions.

It is strictly forbidden to monetise, sell or grant access to all or part of the Services or the Site, or to the information hosted and/or shared therein.

In the event of a breach of any of the provisions of these GTU or, more generally, of the laws and regulations in force by a User, the Publisher reserves the right to take any appropriate measure and, in particular, to :

suspend access to the Site and Services of the User who has committed or participated in the breach or infringement,
supprimer son Compte Utilisateur,
publier sur le Site tout message d’information que l’Editeur jugera utile,
publish on the Site any information message that the Publisher deems useful,
notify any authority concerned and take any legal action.

BLOCTEL SYSTEM:
To stop receiving unsolicited commercial telephone calls, you can register on the Bloctel list: https://www.bloctel.gouv.fr/

5. intellectual property of the publisher

The systems, software, structures, infrastructures, databases and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) used by the Publisher within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, re-use, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the permission of the Publisher and, where applicable, the Artists, is strictly prohibited and may result in legal action.

6. settlement of disputes

6.1 - Language: The Publisher reserves the right to translate the Site and its content into any language of its choice. However, only the French language will be binding in the event of a dispute.

6.2 - Applicable law: These GCU and the Services provided are governed by French law.

6.3 - Invalidity: If one or more stipulations of the GCU are held to be invalid or declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

6.4 - No waiver: The fact that the Publisher does not take advantage of a breach by the User of any of the obligations arising from these GCU may not be interpreted for the future as a waiver of the obligation in question.

6.5 - Mediation: Users who are not acting for professional purposes have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any dispute relating to the performance of the present document that may arise between them and the Publisher and/or the Hotel Owner, under the conditions provided for in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.

If the customer has not received a satisfactory response within 1 month, he or she may contact the Union des Métiers et des Industries de l'Hôtellerie 37, whose contact details are given below:
Postal address: 11 rue Chanoineau
BP 72011
Tours Cedex 1
Website: https://www.umih37.com/

6.6 - Jurisdiction: In the event that an amicable solution, including mediation, cannot be found to any dispute concerning the validity, interpretation and/or performance of these terms and conditions, the competent court will be designated in application of common law.