Legal

Publishing Company

Company: SE Hôtel du Bon Laboureur du Château
Trade name: Auberge du Bon Laboureur
Legal form: SAS (simplified joint stock company)
Head office: 6 rue Docteur Bretonneau, 37150 Chenonceaux, France
SIRET: 309 190 890 00017
Share capital: €224,862.00
RCS: RCS de Tours
Intra-community VAT: FR94309190890
APE code: Hotels and similar accommodation (5510Z)
Telephone: +33 (0)2 47 23 90 02
Email: reservation@bonlaboureur.com
Publishing director, legal representative: Mr. Antoine Jeudi, president

Webmaster/Website creation: MMCréation

URL: www.mmcreation.com
Company: MMCréation
Legal form: Limited liability company (SARL)
HEAD OFFICE: 32 avenue de Wagram – 75008 Paris
SIRET: 339 237 992 00047
SHARE CAPITAL: €38,112.00
RCS: 339 237 992 R.C.S. PARIS
Intra-community VAT: FR 76 339 237 992
APE code: 6312Z
Email: info@mmcreation.com

Website creation

URL: www.grisbiche.fr
Company: Grisbiche
Legal form: Simplified joint stock company (SAS)
HEAD OFFICE: 101 B avenue de Tours, 37400 Amboise, France
SIRET: 990 654 626 00011
SHARE CAPITAL: €4,000
RCS: 990 654 626 R.C.S. Tours
Intra-community VAT: FR96 990 654 626
APE code: 70.21Z
Email: bonjour@grisbiche.fr

Hosting and Publication: OVH

URL: www.ovh.com
Company: OVH
Legal form: Simplified joint stock company (SAS)
HEAD OFFICE: 2 rue Kellermann – 59100 Roubaix – France
SIRET: 424 761 419 00045
SHARE CAPITAL: €10,069,020
RCS: Lille Métropole 424 761 419
Intra-community VAT: FR 22 424 761 419
APE code: 6311Z
Tel: +33 9 72 10 10 07
Email: cil@ovh.net

Definitions

Terms of Use: refers to these Terms of Use for the www.bonlaboureur.com website.
Customer: any professional or natural person capable within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Website covered by these Terms of Use.
Content: All elements constituting the information present on the Website, including text, images, and videos.
User Account: refers to the space reserved for storing User data.
Personal Data: refers to all information relating to a natural person, identified or identifiable.
Hotelier: refers to professionals in the hotel and/or restaurant industry, listed by the Publisher and offering their services on the Website.
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.
Service: refers to non-residential accommodation, catering, and other related services provided by Hoteliers and which can be booked via the Website.
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: refers to any operation or set of operations performed on such data, regardless of the process used, including collection, recording, organization, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, alignment or interconnection, as well as blocking, erasure or destruction. Processing is said to be “automated” when the processing carried out 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 remotely transmitting personal information, 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 benefiting from the Services.

1. Privacy policy – protection of personal data

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website https://www.bonlaboureur.com are hereby informed of the identity of the various parties involved in its creation and monitoring:
Publication manager: Antoine Jeudi – reservation@bonlaboureur.com
The publication manager is a natural person or a legal entity.
Webmaster: MM Création - 32 Avenue de Wagram 75008 Paris - +33(0)1 45 74 76 00
Host: ovh-2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Antoine Jeudi – reservation@bonlaboureur.com
The Publisher endeavors to use appropriate administrative, technical, and organizational measures to protect Personal Data. To this end, it complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as the provisions still in force of Law No. 78-17 of January 6, 1978 on information technology, files, and civil liberties.

As the purposes and means of processing are defined jointly by the Publisher in connection with the booking of Services on the Website and by the Hotelier in connection with billing, payment, and the performance of Services, they are considered to be joint controllers.
The User is required to check the specific box provided for this purpose in order to consent to the collection and processing of their personal data. Failure to do so will result in access to the service being denied.
If the User has reason to believe that their interactions on the Website are no longer secure, they should contact the Publisher using the contact details provided in the “Contact” section.

1.1. COLLECTION OF PERSONAL DATA
The Publisher collects personal data relating to Users of the Website that is strictly necessary for the provision of the Services, namely:
Identification data: Title, Last name, First name, Postal address (including postal code, city, country), email address, telephone number, billing address, and, where applicable, age of children.
Usage history data: membership in the Loyalty Program, important dates, previous stays or interactions as a User, products and/or services used, requests for services and/or special arrangements:

Data relating to membership or loyalty programs; Milestones; Previous stays or interactions as a customer, products and services purchased, requests for services and special arrangements; Customer preferences and personalized data; Social media account IDs, profile photos, and other data already in the public domain, or information made available by linking social media and loyalty accounts.
Personal data is collected:

• Through online questionnaires that the User completes in connection with various requests for information (Reservations, Questionnaires, Customer Account Preferences, etc.);
• Through the integration of data from the User's social media account(s). In order to be implemented, this data integration must be expressly authorized by the User by validating the proposal made to this effect;

Use of Cookies

In addition to the collection of personal data as defined above, data may also be collected while browsing the Site through cookies stored on the User’s and/or Visitor’s device.

A cookie is a data file that does not allow the User/Visitor to be personally identified but is used to record information relating to navigation on the Site (pages viewed, date and time of access, etc.). This information may be read by the Site during subsequent visits.

The User and/or Visitor may accept or refuse the use of cookies by ticking the appropriate box provided for this purpose. Consent is valid for a period of 13 months.

The Publisher undertakes never to disclose the content of these cookies to third parties, except in the event of a legal obligation.

1.2 PURPOSE OF THE COLLECTION AND PROCESSING OF PERSONAL DATA
Personal data are collected and processed by the Publisher for the purpose of:
    • Enabling the User to book Services,
    • Facilitating the execution by the Hotelier of the Services booked by the User,
    • Optimising the management of User satisfaction, including: transmission and collection of pre- and post-stay questionnaires, access to contact forms,
    • Adapting the offer to the User’s preferences, including: account creation, quotation requests and other customer journey touchpoints, customer service,
    • Facilitating the management of the loyalty programme and the Guest Management System (customer knowledge management tool),
    • Ensuring that the content of the Site is presented in the most effective manner (display, navigation, etc.),
    • Allowing the User to participate interactively in the services offered on the Site, subject to their prior and express consent,
    • Informing the User of any changes to the Site’s offer,
    • Organising marketing operations, subject to the User’s prior and express consent.

1.3 RETENTION OF PERSONAL DATA
The personal data collected are stored in a secure database on the Publisher’s and/or its Subcontractor’s servers.
User personal data are retained:
    • When a Service has been booked, for a period of five (5) years, corresponding to the statutory limitation period for contractual matters (Article 2224 of the French Civil Code);
    • When no Service has been booked, for a period of three (3) years for commercial solicitation purposes;
    • Bank card details are neither recorded nor stored in the Site’s databases.

1.4 TRANSFER OF PERSONAL DATA
For the purposes referred to in paragraph “b” above, the personal data collected may be transferred to third parties, in particular:
    • Hoteliers, for the provision of the Service,
    • Banking platforms, for the processing of online payment authorisations,
    • Online hotel booking platforms, including in particular TravelClick,
    • Commercial partners (travel agencies, tour operators, etc.).
The User is informed that, as part of the data transfers necessary for the provision of the Service, Personal Data may be communicated to persons located outside the European Union (“EU”) and/or the European Economic Area (“EEA”).
By validating these Terms and Conditions, the User expressly authorises the transfer of their data outside the EU and EEA solely for the purpose of providing the Service. In such cases, the Publisher ensures that any transfer of Personal Data is carried out under a data transfer agreement based on standard contractual clauses adopted by the European Commission or by a supervisory authority approved by 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 by the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016), including the right of access, rectification, objection, erasure (“right to be forgotten”), restriction of processing, data portability, and the right to information and communication.
The User may exercise all of these rights by contacting the Data Controller at the addresses indicated in section 1.
As part of the right to information and communication, any request for copies of collected data beyond the first free copy may be subject to a fee of €200.

1.6 HYPERTEXT LINKS
The Site may contain links to other websites that are outside our control and not covered by this Privacy Policy. The Publisher is not responsible for the content of such websites, nor for the way in which personal data may be collected or used by them.

1.7 AMENDMENTS TO THE PRIVACY POLICY
The Publisher reserves the right to amend this Privacy Policy at any time. Changes will be indicated by updating the date shown at the top of the Privacy Policy. Users are encouraged to consult this page regularly.

2. Conditions of Application

2.1 Purpose
These Terms and Conditions of Use define the terms and conditions under which the Publisher provides the Service to Users. They do not apply to the execution of the Services, which remain the sole responsibility of the Hoteliers.

2.2 Validity
Any use of the Service implies full, unconditional and unrestricted acceptance of these Terms and Conditions by the User.
The Publisher reserves the right to modify or adapt these Terms and Conditions at any time. The applicable Terms and Conditions are those in force on the date the User validates their booking.
Any provision invoked by the User that differs from or contradicts these Terms shall be unenforceable unless expressly accepted in writing by the Publisher.
Failure by the Publisher to enforce any provision shall not be construed as a waiver of its right to enforce it subsequently.
Should any clause be declared null or invalid, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

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 Terms and Conditions.
The User must tick the appropriate box to accept these Terms. Failing this, access to the Service will be refused.

3. Online Booking Terms

3.1 Display of Services
Hoteliers are solely responsible for the information provided regarding their Services on the Site (photos, descriptions, etc.).
Any complaint may be submitted to the Site’s Customer Service, which will forward it to the relevant Hotelier.

3.2 Prices
Prices are set by each Hotelier for their own Services and are indicated in Euros, all taxes included.
The displayed price will be increased by a tourist tax payable directly to the Hotel, the amount of which will be stated on the booking confirmation.

3.3 Booking
The User selects the Services offered on the Site by clicking the appropriate button.
A summary of the booking is presented to the User before final validation.

3.4 Payment
The full amount of the booking must be paid directly to the Hotel.
The User may be required to provide credit card details to guarantee the booking.

3.5 Booking Confirmation
A booking confirmation email is sent to the User by the Site after automatic verification of availability.
If no confirmation is received, the User must contact the Publisher’s Customer Service.

3.6 Execution of Services
The Services are performed by the Hotelier in accordance with the booking confirmation.

3.7 Cancellation – Right of Withdrawal
In accordance with Article L.221-28 (12°) of the French Consumer Code, accommodation, catering and leisure services provided on a specific date are not subject to the right of withdrawal.
Cancellation policies are specific to each Hotelier. Users wishing to cancel must contact the Hotelier directly.

4. Liability

Publisher

The Publisher undertakes to provide the Services with due care and in accordance with professional standards, it being specified that the Publisher is subject to an obligation of means only, and not of result, which Users expressly acknowledge and accept.

The Publisher provides Users with technical tools enabling them to book Services. Its liability is limited to the provision of these means.

The Publisher undertakes to carry out regular checks to ensure the Site’s proper functioning and accessibility and may temporarily suspend access for maintenance purposes.

The Publisher shall not be held liable for temporary access difficulties due to external circumstances, force majeure or telecommunications network disruptions.

The Publisher reserves the right to include advertising or promotional messages on any page of the Site or in communications with Users.

The Publisher shall not be held liable for the technical availability of third-party websites or mobile applications accessed via the Site, nor for their content, advertisements, products or services.

The Publisher is not a party to transactions between Users and third-party advertisers and shall not be liable for any disputes arising therefrom.

Hotelier
Hoteliers are solely responsible towards Users for all guarantees relating to the Services, under common law conditions.

User

The User undertakes to provide accurate information and to update it in the event of any changes affecting such information.

The User undertakes to use the Site, the Services and the Bookings strictly in compliance with applicable laws. This commitment applies both to the User personally and to any person on whose behalf the User may act.

The User must take all necessary measures to safeguard, by their own means, the information contained in their User Account that they consider necessary. Any copies the User may wish to obtain may be requested as provided for in Article 2(a) and (b).

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

• carrying out illegal or fraudulent activities, or activities that infringe the rights or security of third parties;

• breaching public order or violating applicable laws and regulations;

• intruding into a third party’s computer system or engaging in any activity likely to harm, control, interfere with or intercept all or part of a third party’s computer system, or to compromise its integrity or security;

• sending unsolicited emails and/or commercial prospecting or solicitation;

• engaging in practices intended to improve the search engine ranking of a third-party website;

• using the Site to disseminate information or links redirecting to a third-party website;

• assisting or inciting, in any form whatsoever, one or more of the acts or activities described above;

• and, more generally, any practice that diverts the Services from the purposes for which they were designed.

Users are strictly prohibited from copying and/or misappropriating, for their own benefit or for the benefit 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 intrusion or attempted intrusion into the Publisher’s systems;
(iii) any misappropriation of the Site’s system resources;
(iv) any action likely to impose a disproportionate load on the Site’s infrastructure;
(v) any breach of security and authentication measures;
(vi) any act likely to harm the financial, commercial or moral rights and interests of the Publisher, the Hoteliers and/or other Users; and, more generally,
(vii) any breach of these Terms and Conditions.

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

In the event of a breach of any provision of these Terms and Conditions, or more generally of any violation of applicable laws and regulations by a User, the Publisher reserves the right to take any appropriate measure, including in particular:

• suspending the User’s access to the Site and Services, where the User is the author of or has participated in the breach or violation;

• deleting the User’s Account;

• publishing on the Site any informational message the Publisher deems useful;

• notifying any relevant authority;

• initiating legal proceedings.

BLOCTEL REGISTER:
To stop receiving unsolicited commercial calls, Users may register on the Bloctel list:
https://www.bloctel.gouv.fr/

5. Intellectual Property

All systems, software, infrastructure, databases and content (texts, images, visuals, music, logos, trademarks, etc.) used on the Site are protected by intellectual property laws.
Any reproduction, extraction or reuse, in whole or in part, without prior authorisation is strictly prohibited and may result in legal action.

6. Dispute Resolution

6.1 Language
The Publisher may translate the Site into other languages. In the event of a dispute, only the French version shall prevail.
6.2 Applicable Law
These Terms and the Services are governed by French law.
6.3 Invalidity
If any provision is declared invalid, the remaining provisions shall remain fully enforceable.
6.4 Waiver
Failure by the Publisher to enforce a provision shall not constitute a waiver.
6.5 Mediation
In accordance with Article L612-1 of the French Consumer Code, consumers may resort free of charge to a consumer mediator after prior written contact with the professional.
If no satisfactory response is received within one month, the consumer may contact:
Médiateur du Tourisme et du Voyage
Postal address: Médiation Tourisme et Voyage – BP 80 303 – 75823 Paris Cedex 17
Website: www.mtv.travel
6.6 Jurisdiction
If no amicable solution is reached, including through mediation, jurisdiction shall be determined in accordance with applicable law.