ACCEPTANCE AND APPLICATION OF THE TOS
The provisions of these TOS apply to all Your use of the Services, particularly if You visit the Services, whatever Your capacity (individual or professional), location, the terms of connection to the Services, or the purpose of Your access to the Services.
Accordingly, You agree to consult the TOS before using the Services. By using all or part of Services, You are considered to have read and accepted these TOS. You agree to respect the stipulations of these TOS each time you use the Services.
ACCESS TO SERVICES
The User is informed of the risks inherent to the Internet, especially in terms of:
- the lack of security in the transmission of data;
- unsecured continuity in access to the Services.
GRAND LUXURY cannot in any way be held responsible for these risks and their harmful consequences, whatever their extent, in relation to the User.
It is the responsibility of each User to take all appropriate measures to protect their own data, software and hardware from contamination by viruses or other forms of attack that may be circulating through the Services or the information published.
The User is and remains responsible for the methods and the consequences of accessing the Services. This access may involve the payment of connection fees to technical service providers such as Internet access providers, or electronic communications or telephone operators. These costs remain the responsibility of the User. In addition, the User is and remains fully responsible for the provision and use of the equipment necessary to access the Services.
The User cannot claim any difficulty in accessing the Services to access information to the detriment of these TOS.
Account ("Account") creation is not required to access the Grand Luxury Hotels website or Our mobile applications.
However, registration entitles the User to access all the personalized services reserved for Users holding an Account, particularly making and paying for online reservations.
Users may create an Account by completing a registration form for the Services or by logging in via their account on one of the social networks: Facebook, LinkedIn or Google.
In order to create an Account via a registration form for the Services, the User must enter his or her email address, choose a password and declare to accept and have read the TOS via a checkbox.
Once registration has been completed, an e-mail confirming the e-mail address entered by the User during registration is sent to the address indicated by the User.
The User can create and hold only one Account associated with an e-mail address.
The password entered by the User is processed by GRAND LUXURY in encrypted form. It is the responsibility of the User to keep this password confidential.
In case of the loss of the password by a User, a temporary link will be communicated by e-mail to allow him or her to create a new password.
The User is solely responsible for the use of his or her Account and password. Any use of the Services, and connection or transmission of data made via the User Account will be presumed to have been made by the User and under his or her exclusive responsibility, unless any written and duly substantiated notice of such is transmitted to GRAND LUXURY by registered letter with acknowledgment of receipt.
In case of loss, fraudulent or unauthorized use, or theft of one of the identifiers, the User:
- agrees to use the procedure put in place by GRAND LUXURY allowing for the recovery of the identifiers and the renewal of the password;
- undertakes to inform GRAND LUXURY immediately.
GRAND LUXURY cannot be held responsible for the loss of one or more identifiers or passwords and the harmful consequences of the use of the Account by an unauthorized person, to the extent that it has not been informed by the User of the loss or misuse of the identifiers to his or her Account or password.
GRAND LUXURY has no power to control the truthfulness of the information provided by the User for the creation of the Account. Consequently, GRAND LUXURY cannot be held responsible for any misrepresentation or identity theft carried out by the User. The User undertakes to provide GRAND LUXURY with accurate information and to update such information to reflect changes over time.
RIGHTS AND OBLIGATIONS OF THE USER
The User of the Services acknowledges having the competency and the hardware and software necessary to access and use the Services.
The User agrees to comply with the provisions of the TOS and all applicable laws and regulations when using the Services.
The User is reminded that the fact of fraudulent access to a computer system, preventing or altering the functioning of such a system, or entering or modifying data within such a computer system is illegal and liable to prosecution.
In particular, the User agrees to:
- not compromise, damage, disable, overload, disrupt or interfere with the security or operation of the GRAND LUXURY Services or information and operating systems or those of any of its service providers;
- not interfere with the normal operation or carry out any fraudulent use of the Services, in any manner or form whatsoever;
- not use or permit the use of the Services in an abusive or illicit way, for fraudulent or malicious illicit purposes; and in particular, without limitation, through the hacking of the Services or the entering of malicious code, including viruses, or harmful data in the Services, using any system, device or program to retrieve data or information from GRAND LUXURY's Services or servers, by sending or storing documents containing viruses, worms, Trojan horses or other harmful codes, files, scripts, agents or programs, interfering with or undermining the integrity or performance of the Services and the data they contain or attempting to gain unauthorized access to the Services, its associated systems or networks.
GRAND LUXURY may copy, put online and disseminate on the Services the comments and/or ratings of Users regarding the quality of their stay in partner hotels, which Users may provide GRAND LUXURY if they so wish.
These comments and/or ratings are intended to allow the User to evaluate the services of partner hotels, which have a right of reply.
The User cannot under any circumstances hold GRAND LUXURY responsable for the direct or indirect consequences of comments and/or ratings posted online and made available to the public.
The User of the Services is responsable for damage of any kind, whether tangible or intangible, direct or indirect, caused to any third party, including GRAND LUXURY, as a result of the unlawful use of the Services themselves and/or any of their elements, whatever the cause and the place of occurrence of such damage, and guarantees GRAND LUXURY against the consequences of any claims or actions of which it may, as such, be the subject.
GRAND LUXURY cannot be held responsible for any damage or loss of any kind whatsoever, directly or indirectly, due to any breach by the User of these TOS or due to any information transmitted by partner hotels, the use of which is the sole responsibility of the User.
In case of any violation by the User of any provision of the TOS, GRAND LUXURY reserves the right to suspend, temporarily or permanently, without prior notice, access to and use of the Services. In case of non-compliance with the applicable regulations and these TOS, the civil and/or criminal liability of the User may be incurred.
RESPONSIBILITY OF GRAND LUXURY
GRAND LUXURY takes great care in the operation and maintenance of the Services.
Nevertheless, GRAND LUXURY does not guarantee in any way that access to the Services be uninterrupted, easy, reliable, correct, complete, satisfactory or fast.
GRAND LUXURY strives to provide accurate and up-to-date information on the Services. GRAND LUXURY reserves the right to modify or update the content and functionality of the Services at any time without notice.
GRAND LUXURY cannot guarantee the total reliability, accuracy, completeness, truthfulness or updating of the content of the Services
The User is invited to report any information that appears to be inaccurate and, if necessary, to propose any improvement that it deems useful
GRAND LUXURY endeavours, as far as possible, to ensure the User access to the Services at all times and a reasonable level of operation and availability of the Services.
Nevertheless, GRAND LUXURY does not guarantee the continuity, availability or stability of the Services. Access to the Services may be interrupted for any cause independent or not of the will of GRAND LUXURY, particularly due to the instability of the Internet, events of force majeure, maintenance, updates or technical improvements, or to changes to content and/or presentation.
Access to the Services is provided as is. GRAND LUXURY cannot be held responsible for damage that is not the result of a breach by GRAND LUXURY of these TOS or a proven fault of GRAND LUXURY.
In any case, GRAND LUXURY cannot be held responsible for any consequential damages that may result from:
- the use of the Services, including any operating loss, financial or commercial loss, loss of programs and/or data including in the User's computer system, or threats such as viruses, bugs, malicious codes, Trojan horses, logic bombs, worms and other errors that may occur on the Internet;
- the content of the Services and/or use of the websites linked to the Services or to which the Users may have access via the Services;
- the impossibility to access the Services, or the non-functioning or poor conditions of use of all or part of the Services, for any reason whatsoever;
- omissions and/or errors that may be contained in the Services, and any other element of the Services.
The TOS set out the entirety of the obligations and responsibilities of GRAND LUXURY, which cannot be bound by any other express or implicit guarantee towards the User.
7.1 HYPERTEXT LINKS TO THE SERVICES:
The User of the Services may not set up hypertext links to the Services without the express prior authorization of GRAND LUXURY, including linking to the homepage of the Services without duplicating the homepage or any other page or element of the Services.
In addition, for any request to create hypertext links to the Services, please send an email to: [email protected].
You may not:
- Insert the link to the Services from a service of which You are not the publisher;
- Delete, modify or alter, in any way whatsoever, the size or appearance of the logos or other distinctive signs of GRAND LUXURY;
- Induce any other User and/or any third party in error or create confusion as to Your relationship with GRAND LUXURY;
- Present false, misleading, disparaging or misleading information about GRAND LUXURY;
- Use the GRAND LUXURY trademarks, logos or other distinctive signs without the prior, express and written consent of GRAND LUXURY.
GRAND LUXURY expressly reserves the right to revoke the authorization granted to the conditions herein and to take any appropriate action in the event of a breach of the provisions of this Article.
You may be responsible for any damages related to or resulting from any such breach.
7.2 HYPERTEXT LINKS AVAILABLE ON THE SERVICES:
On the Services, GRAND LUXURY includes links to websites belonging to third parties or services of third parties not published by GRAND LUXURY.
GRAND LUXURY has no control over these sites and external services, does not contribute in any way to the development of the content and/or any element contained in all or part of these sites or services of third parties, and does not carry out any evaluation or verification of the relevance, accuracy, completeness or updating of this information.
As a result, GRAND LUXURY cannot be held responsible for their content.
You acknowledge that GRAND LUXURY cannot warrant, guarantee or assume responsibility for all or part of the content and/or any elements contained in all or part of these sites or third party services.
If You use these hypertext links to the sites or services of third parties, You leave the Services and agree to use the services of these third parties at Your own risk and in accordance with the terms that govern them.
It is the responsibility of the User to take the necessary precautions to ensure the absence of computer viruses on the sites visited. The responsibility of GRAND LUXURY cannot be invoked due to the presence of computer viruses on the sites or services of third parties.
8.1 GRAND LUXURY CONTENT:
All of the elements constituting the Services, in particular and without limitation, its general structure, all data, information, text, files, animated or still images, presentations, databases, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, distinctive signs, designs, models and software ("GRAND LUXURY Content"), constitute the exclusive intellectual property of GRAND LUXURY or its partners, and are protected by the French Code of Intellectual Property and by international laws and treaties on copyright and intellectual property protection.
Users are authorised to consult online only the information that is offered to them and may use only the features offered to them.
All rights of reproduction are reserved, including for downloadable documents. Any GRAND LUXURY Content contained in the Services may not, in accordance with Article L122-4 of the French Intellectual Property Code, be the subject of any representation or reproduction, in whole or in part, on any medium whatsoever, without the express and prior authorisation of GRAND LUXURY or its rights holders.
The User is therefore prohibited from distributing, representing, modifying, copying, storing, renting, reproducing or otherwise using, in whole or in part, the GRAND LUXURY Content, without the express, prior written consent of GRAND LUXURY or its rights holders, whether for free or for a fee or for the benefit of a third party, by the User or a third party, regardless of the media and/or means used, whether known or unknown to date, except for strictly personal purposes related to the use of the Services, to the exclusion of any professional or lucrative use, subject to the rights of GRAND LUXURY.
Failure to comply with this prohibition constitutes an act of counterfeit that may incur the civil and/or criminal liability of its author. GRAND LUXURY reserves the right to take legal action against anyone who has not complied with this prohibition.
Similarly, it is strictly forbidden to use or reproduce the name "GRAND LUXURY" and/or its logo, alone or associated, for any reason whatsoever and on any medium whatsoever without the prior written consent of the GRAND LUXURY.
For any request to reproduce the GRAND LUXURY Content, please send an email to: [email protected].
8.2 USER CONTENT:
Users' comments and/or ratings published on the Services may be accompanied by works sent by Users who have stayed at a partner hotel that relate exclusively to their stay and may relate to the premises, staff and any proposed services ("Works").
The Works are intended to be reproduced, put online and disseminated to the public including in the form of photographs, illustrations, films and videos subsequent to their prior approval by the partner hotel.
From any Work provided by the User, whatever the nature or support, GRAND LUXURY has a right of use, reproduction and representation, free of charge, on all types of media and for all types of use relating to the purpose of the Services, such as the illustration of articles or promotion, for the duration of the intellectual property rights.
The User warrants GRAND LUXURY against any action, claim, or opposition by any person to whom the Work provided would have infringed and which infringes an intellectual property right or constitutes an act of unfair competition. The User also warrants that the Work does not constitute a violation of the laws or other applicable provisions relating to any defamation, insult, privacy, image right or the affront to decency.
PROTECTION OF PERSONAL DATA AND COOKIES
When accessing and using the Services by the User, GRAND LUXURY is made aware of and collects personal data relating to the User. For more information, see Our Protection of Personal Data and Privacy Charter, which is an integral part of the TOS.
MODIFICATIONS OF THE TOS
GRAND LUXURY may modify the content of the Services or the terms of these TOS and/or cease temporarily or permanently to operate at any time and without notice all or part of the Services.
Therefore, the User is recommended to consult the latest version of the TOS at each new visit to the Services in order to learn about these new conditions.
In any event, browsing the Services or any other use of the Services implies the unconditional acceptance of the latest version of the TOS by the User.
GRAND LUXURY will inform the User, by any means and, in particular, by e-mail or by posting on the Services, of any significant modification of the TOS that may have a consequence on the terms of the supply of Services subscribed by the User and which have not yet been fully provided, or any significant changes to the Protection of Personal Data and Privacy Charter.
APPLICABLE LAW AND JURISDICTION
The law applicable to the TOS and the Services is French law, notwithstanding a plurality of defendants and subject to the rules of international public order on consumer protection.
In the event of any dispute with GRAND LUXURY relating, in particular, to the provisions of the TOS, including the Protection of Personal Data and Privacy Charter, the User may contact GRAND LUXURY by mail at GRAND LUXURY, 228 Rivoli street, 75001 Paris, FRANCE or by email at [email protected]. In this case, GRAND LUXURY and the User will endeavour to arrive at an amicable solution.
If any dispute cannot be resolved between GRAND LUXURY and the User, the latter may, under the conditions of Articles L. 612-1 et seq. of the French Consumer Code, refer to the GRAND LUXURY mediator:
Medicys - 73 boulevard de Clichy, 75009 Paris - +33 (0) 1 49 70 15 93 - [email protected] - https://conso.medicys.fr/
Any dispute arising from the TOS and which does not result in an amicable agreement under the above conditions will be subject to the exclusive jurisdiction of the competent French courts.
12.1 AGREEMENT ON EVIDENCE
The document reproducing the TOS is stored on a durable medium in the form of an image under security conditions recognized as reliable. The User may, at any time, perform an electronic backup or a printout of the TOS. As such, the TOS are considered as proof of communications and an agreement between the User and GRAND LUXURY. The User acknowledges that the probative value of this document cannot be called into question simply because of its form, in particular, its electronic form.
12.2 NO WAIVER
The fact that GRAND LUXURY does not to require at any time the complete performance of some or all of the terms of the TOS will not affect in any way the right of GRAND LUXURY to subsequently invoke such performance.
12.3 PARTIAL INVALIDITY
If any part of the TOS should be declared illegal, invalid or unenforceable for any reason, the term or terms in question would be declared non-existent and the remaining terms would retain their full force and scope and continue to be applicable
Terms declared non-existent will be deemed to be replaced by terms that will be closest to the content of the cancelled clause and to the original intent of GRAND LUXURY.
QUESTIONS AND CONTACT
If you wish to receive further information about the Services, to complete, modify or delete the information concerning You, or if You have any other question, We thank you for contacting us by email at the following address: [email protected] or by mail at: GRAND LUXURY, at 228, Rivoli street, 75001 Paris, France.
The GRAND LUXURY team thanks You for having read the Terms of Service and wishes you a pleasant visit.
Copyright © GRAND LUXURY 2018, all rights reserved
Last update: 24/12/2020