The website www.partouchehotels.com (hereinafter referred to as “the Website”) is published by SA Groupe Partouche, entered in the Paris Business Register under number 588801464, represented by Fabrice PAIRE in his capacity as Chairman of the Board.
Anyone using the Website expressly acknowledges they have read these General Terms and Conditions of Use (GT&CU). Browsing the Website and use of the services offered implies the user’s express acceptance of the GT&CU without reservation.
It is specified that anyone using the Website who does not wish to accept the GT&CU in their entirety shall expressly renounce use of the said Website.
The Website allows the User to be informed of the news and offers available at hotels managed by the Publisher: hotel news, spa and golf, events, etc.
GT&CU: means these General Terms & Conditions of Use for the Website and the Services offered on the Websites.
Internet user: means the persons browsing the Website
Services: means the various services available on the Website
User: means any person aged over 18 who has registered on the Website. Emancipated minors may not access the services.
3. ACCESS TO THE SERVICES
In order to be able to browse the Website, the (Internet) User must check that he/she has the equipment, devices and software and an Internet connection compatible with the terms and conditions for provision of the Services.
4. INTERNET USERS
By browsing the Website, the Internet user accepts and acknowledges that he/she is subject to these GT&CU without reservation; he/she subsequently undertakes not to:
- send by e-mail or forward by any other means content that is illegal, prejudicial, threatening, abusive, harassing, criminal, defamatory, rude, obscene, morally reprehensible, damaging to a person’s private life or that contravenes the rights of a third party;
- access the Services that cannot be accessed by a simple Internet user;
- steal another Internet user’s identity;
The Internet user acknowledges the limits of the internet and cannot hold the Publisher liable for any malfunction with the Internet that prevents one or more of the Services offered on the Website from continuing or working.
5. PERSONAL DATA
Mindful of respecting Users’ privacy, the Publisher has drawn up a confidentiality policy dedicated to this subject.
The confidentiality policy adopted by the Publisher can be found here
6. PUBLISHER’S LIABILITY
6.1. Website availability
The Publisher shall endeavour to ensure the Website is available 24/7.
However, access may be interrupted within the framework of maintenance operations, equipment or software updates, emergency repairs, or following circumstance beyond the Publisher’s control (such as faults in the telecommunications connections and equipment).
The Publisher undertakes to take all reasonable measures to limit these disruptions, in as far as it is responsible for them. The (Internet) User acknowledges and accepts that the Publisher shall assume no liability for Websites or Services being unavailable, suspended or interrupted.
The (Internet) User shall be personally responsible for setting up the IT and telecommunications means allowing access to the Website and for having the knowledge required to use the Internet. The (Internet) User shall remain liable for the connection charges and costs of the equipment linked to accessing the Internet and using the Website. The (Internet) User shall browse the Websites at his/her own risk.
6.2 The company’s liabilities
The Publisher undertakes to provide the Services as a diligent professional, within the framework of an obligation of means.
Under no circumstances will the Publisher become liable for indirect or unforeseeable damage within the meaning of the [French] Civil Code, which includes in particular but without being limited to any loss of earnings, loss of opportunity, the cost of procuring a service or a substitute technology.
In no event and under no circumstances will the Publisher be held liable, and without this list being exhaustive, for:
- sending or receiving any data or information over the Internet;
- any malfunction of the Internet that prevents one or more Services offered on the Website from continuing or working;
- the failure of any receivers or communication lines;
- routing problems;
- the consequences of any computer virus or bug, anomaly or technical fault;
- any damage caused to the User’s computer;
- any technical, equipment or software failure of any sort whatsoever that prevents or limits participation in one of the Services offered on the Website or that damaged the User’s computer system.
6.3 Force majeure
The Publisher cannot be held liable in the event of force majeure or for any other event beyond its control that prevents the provision of the Services under conditions compliant with the provisions of the GT&CU.
Connection to the Website and the User’s participation in the Services offered on the Website are the latter’s entire responsibility. All (Internet) Users shall be responsible for taking all the appropriate measures to protect their own data or software stored on their computer equipment against any attack (virus, spam, Trojan, bugs, etc.).
In no event can the Publisher be held liable for (Internet) Users having problems in connecting to the Internet or for being unable to do so at all.
6.5 Cancellation, development, suspension
The Publisher cannot be held liable if, for any reason beyond its control, one or more of the Services are modified, postponed or cancelled.
Any development or change to the Website content may lead to the Website being updated or temporarily unavailable, which will in no way incur the Publisher’s liability.
Likewise, the Publisher shall reserve the option to interrupt or suspend one or more of the Services offered on the Website, at any time and without notice, without having to justify this. In this case, the Publisher cannot be held liable in any way and Users cannot claim any compensation of any type whatsoever.
The Publisher may offer simple links to other third-party websites on its Website. In this case, the links are only provided as a courtesy.
As the Publisher is unable to check the content of these third-party websites, any access to these sites shall be made at the (Internet) User’s sole liability and risk. The Publisher declines all responsibility for the content, legality or availability of third-party websites. The (Internet) User acknowledges that the Publisher assumes no liability for loss or damage that may be caused by accessing or browsing these third-party websites.
The Publisher undertakes to act as a diligent professional and not offer active hyperlinks to websites or content that may reasonably be considered as unlawful. However, the Publisher is unable to check the development of the third-party website after the link has been established. The Publisher undertakes to unlist third-party websites when the unlawful nature thereof has been brought to its attention, by any means and in particular by a simple complaint made by e-mail to the address firstname.lastname@example.org or by post to the following postal address: Groupe Partouche - 141 bis Rue de Saussure, 75017 PARIS.
6.7 Third party
The Publisher may be called on to offer the (Internet) User access to third-party websites or participation in loyalty programmes, marketing or other activities that operate through a third -party website or programme. In this case, the Publisher will not assume liability for the activities of these third parties and commits the (Internet) Users to read the terms and conditions offered by the third-party websites.
In the event the Publisher’s liability would be sought through the courts due to a breach by an (Internet) User of the obligations incumbent on it in application of these presents and the legal and statutory provisions in force, the Publisher may have recourse to the (Internet) User as the guarantor.
8. INTELLECTUAL PROPERTY RIGHTS
The Publisher holds intellectual property rights over all the elements forming the Website (including its graphic charter, directory structure, browsing interfaces, databases, etc.). To this end, and unless authorised in writing in advance by the Publisher, you cannot make any reproduction, representation, adaptation, translation or transformation in full or in part, or any transfer to another Application or website of any element or item of data forming the Website
Any reproduction by any means whatsoever of the brands or logos shown on the Website is strictly prohibited without prior written authorization from the Publisher. Any violation of the aforementioned provisions shall constitute an act of forgery likely to incur the perpetrator’s civil or criminal liability.
9. MODIFICATIONS TO THE SERVICE OR THE GT&CU
The Publisher undertakes to inform the User of any changes to the GT&CU by any means it finds convenient. Any connection to the Website/Account after the (Internet) User has been informed of the change to the way the Website works or to the GT&CU shall be deemed as acceptance of the modifications made.
For the purposes of adaptation to the changes in the Website or its operation, the Publisher reserves the right to modify these GT&CU and the Services offered on the Website, unilaterally and without notice. The version of the GT&CU accepted by the (Internet) User expresses all the obligations between the Publisher and the (Internet) User with regard to the Services offered by the Publisher and cancels and replaces any prior declaration, undertaking, oral or written communication, acceptance, contract and agreement relating to the provision of Services by the Publisher. The (Internet) User may access the GT&CU at any time via a dedicated page on the Website.
(Internet) Users may send their complaints by e-mail to the following address: email@example.com
BY express agreement between the (Internet) User and the Publisher, only the latter’s computer systems or files will serve as proof. The computerized registers that are kept in the Publisher’s computer systems under reasonable conditions with regard to security and reliability shall be considered as the proof of the relationship and communications between the Publisher and the (Internet) User.
As a result, it is agreed that, excepting a clear error, the Publisher may claim the production, especially as proof, of any act, fact or omission, programme, data, file, recording or other item (such as monitoring or other reports) in digital format or media or established electronically, received or kept directly or indirectly by the Publisher in its computer systems, and this shall be declared admissible in the event of disputed proceedings.
These General Terms and Conditions of Use shall be applicable as of 25/05/2018 and shall be valid for an undetermined period.
If one or more of the provisions of the GT&CU are deemed to be invalid or inapplicable for any reason whatsoever, the said provision will be corrected solely where necessary to render it applicable. It is specified that if one or more provisions of the GT&CU are declared null and void or inapplicable, the other clauses will retain all their force and scope.
14. APPLICABLE LAW AND COMPETENT COURT
The GT&CU shall be governed and interpreted by French law only. Any dispute relating to the interpretation, execution or inexecution of these presents will be subject to the competent courts, appointed in accordance with the provisions of the [French] Code of Civil Procedure.