General terms and conditions | Hôtel Arawak Beach Resort, Guadeloupe

Article 1 – Order with Obligation to Pay

In accordance with Article L.221-14 of the French Consumer Code, it is recalled that:

“For contracts concluded electronically, the professional shall remind the consumer, before placing their order, in a clear and understandable manner, of the essential characteristics of the goods or services being ordered, their price, the duration of the contract, and, where applicable, the minimum duration of the consumer’s obligations as provided for in Article L.221-5.
The professional shall ensure that the consumer explicitly acknowledges their obligation to pay when placing the order. To this end, the function used to confirm the order must include the clear and legible wording ‘Order with obligation to pay’ (or any equivalent and unambiguous phrase) indicating that placing the order implies an obligation to pay.
E-commerce sites must clearly and legibly indicate, no later than the beginning of the ordering process, the accepted payment methods and any delivery restrictions.”

Article 2 – Right of Withdrawal

Article L.221-28 lists the situations in which the right of withdrawal cannot be exercised. Specifically, Article L.221-28, 12° of the Consumer Code states that, for service contracts relating to accommodation (other than residential accommodation), transport of goods, car rental, catering, or leisure activities scheduled for a specific date or period, the consumer does not benefit from the right of withdrawal for contracts concluded at a distance.

Furthermore, under Article L.221-5 of the Consumer Code, prior to concluding a sales or service contract, the professional must communicate, in a clear and understandable manner, the following information:

1. The information referred to in Articles L.111-1 and L.111-2;
2. When the right of withdrawal exists, the conditions, time limits, and procedures for exercising this right, as well as the standard withdrawal form, the format and content of which are set by decree;
3. If applicable, the fact that the consumer must bear the cost of returning the goods in the event of withdrawal, and, for distance contracts, the return cost if the goods cannot be returned by regular mail due to their nature;
4. Information regarding any fees due when the consumer exercises their right of withdrawal for a service contract (or for the supply of water, gas, electricity, or district heating) if performance begins before the end of the withdrawal period (such fees being calculated as provided in Article L.221-25);
5. Where the right of withdrawal is excluded under Article L.221-28, the relevant information about this exclusion and, where applicable, the circumstances in which the consumer loses the right.

For distance sales of services offered via our Platform, the consumer expressly waives their right of withdrawal.

Article 3 – Information on the Mediator

In accordance with Article L.616-1 of the French Consumer Code, the professional shall provide the consumer with the contact details of the relevant mediator(s), in accordance with a decree issued by the Council of State.
Additionally, Article R.616-1 specifies that this information must be visibly and legibly presented on the website, in the general terms and conditions of sale or service, on order forms, or, if such formats are unavailable, through any other appropriate means, also indicating the website address of the mediator(s).

In the event of a dispute between Arawak Beach Resort and the Client, both parties will attempt to resolve the matter amicably. Failing an agreement, the Client is informed of the possibility of using conventional mediation or any alternative dispute resolution method.

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, and Implementing Decree No. 2015-1382 of October 30, 2015, the Client may, for any consumer dispute, contact the competent consumer mediator for Arawak Beach Resort, namely MEDIATION TOURISME ET VOYAGE (MTV), within one year of submitting a written complaint to Arawak Beach Resort.
The Client is free to choose whether or not to engage in mediation.

If a mediation proposal is initiated by Arawak Beach Resort, the Client is also free to accept or reject the proposed solution. After the mediator’s decision, both parties are free to accept or reject the resolution.

If a dispute arises regarding the execution of an order (services), and the Client is an end-consumer (natural person), they may use conventional mediation or any alternative dispute resolution method free of charge.

Article 4 – Collection and Protection of Data

Personal data is collected by Arawak Beach Resort.

Personal data refers to any information relating to an identified or identifiable natural person (“data subject”). A person is considered identifiable when they can be identified directly or indirectly, in particular by reference to a name, identification number, or any other element specific to their identity (physical, physiological, genetic, psychological, economic, cultural, or social).

The personal data collected via the website is primarily used to manage the user relationship and, where applicable, to process orders. The data collected includes, in particular:

• First and last name
• Mailing address
• Email address
• Phone number
• Financial information: for the payment of products and services, the Platform stores information relating to the user’s payment card.

Article 5 – Right of Access, Rectification, and Management of Data

In accordance with applicable regulations on personal data, users have the following rights:

• Right of access: The consumer may request a copy of their personal data. Proof of identity may be required before responding.
• Right of rectification: The user may request updates to inaccurate data.
• Right to erasure: The user may request the deletion of their personal data, subject to legal obligations.
• Right to restriction of processing: The user may request limited processing under certain conditions, as provided by the GDPR.
• Right to object: The user may object to data processing under conditions defined by the GDPR.
• Right to data portability: The user may request that their personal data be provided in a structured, commonly used, and machine-readable format.

To exercise these rights, users may contact us at:
41 Pointe de la Verdure – 97190 Le Gosier
or by email at: contact@arawakbeachresort.com

All requests must be accompanied by a copy of valid ID and include the postal address where the editor can reply. A response will be provided within one month (extendable by two months in complex or high-volume cases).

Additionally, in accordance with Law No. 2016-1321 of October 7, 2016, individuals who wish to define the fate of their personal data after death may consult the CNIL website (https://www.cnil.fr) or file a complaint there. We nevertheless recommend contacting us first to resolve the issue amicably.

Article 6 – Use of Data

Personal data is used for the following purposes:

• Providing the services offered by the Platform;
• Improving and optimizing the Platform’s operation;
• Managing user relationships and providing support;
• Verifying, identifying, and authenticating user-submitted information;
• Personalizing services, including displaying ads based on preferences and browsing history;
• Preventing and detecting fraud, malware, and other security incidents;
• Handling disputes with the user;
• Sending commercial or promotional information, according to user preferences;
• Managing payment service operations.

The legal basis for this data processing is the performance of the contract between the user and the Platform.

Article 7 – Data Retention Policy

The Platform retains personal data for as long as necessary to provide its services or user support.
Additionally, to comply with legal or regulatory obligations, resolve disputes, prevent fraud, or enforce our terms, we may retain certain information even after the user account is closed, for the legally required period.

Article 8 – Sharing of Personal Data with Third Parties

User personal data may be shared with third parties located within the European Union in the following cases:

• To implement payment services, the Platform shares necessary information with banking and financial partners under agreement;
• When users publish content in publicly accessible comment areas;
• When the user explicitly authorizes a third party to access their data;
• When using service providers for support, advertising, or payment services. These providers only have access to data necessary to perform their duties and are contractually bound to comply with applicable data protection regulations;
• If required by law, the Platform may disclose data to respond to legal claims or comply with administrative or judicial obligations.

Article 9 – Commercial Offers

The user may receive commercial offers from the editor.
If the user does not wish to receive such offers, they may register on the opt-out list available at:
https://www.bloctel.gouv.fr

Article 10 – Changes to the General Terms and Conditions of Sale

These Terms and Conditions may be modified at any time by Arawak Beach Resort.
In case of modification, the Client will be informed by any appropriate means before the services begin.
The new version of the Terms and Conditions will apply from the effective date communicated to the parties.