Legal notice
Website publisher
This website is published by:
Hosting
The website is hosted by Netlify, Inc., San Francisco (California, USA) — netlify.com.
Personal data
The processing of data through this website is described in our Privacy policy. Bookings are governed by our Terms of sale.
Credits
Photography: Maison Barbès. Maps: Google Maps. Booking engine: Mews.
Translation provided for information purposes. In the event of any discrepancy, the French version prevails.
GENERAL TERMS OF USE OF THE SITE
Last updated: 3 October 2023
Preamble
The website “www.maison-barbes.com” (hereinafter “the Site”), published by Maison Barbès, is intended to provide information about our hotel, Maison Barbès, located at 4 rue Bervic, 75018 Paris (hereinafter “the Hotel”), and to allow online booking of rooms and additional services at the Hotel.
These general terms of use (hereinafter “Terms of Use”) govern access to and use of the Site by any person (hereinafter “User(s)”). The User undertakes to comply with the Terms of Use, which Maison Barbès reserves the right to amend at any time. Users are therefore advised to refer regularly to the latest version of the Terms of Use available on the Site.
The General Terms and Conditions of Sale (hereinafter “T&Cs of Sale”), available in the footer of the Site, apply to any person wishing to book one or more rooms and any additional services at the Hotel, in addition to the Terms of Use.
1 – ACCESSIBILITY OF THE SITE
The Site is accessible from any device connected to the internet. The User is solely responsible for installing, operating and maintaining the technical equipment needed to access the features of the Site. Maison Barbès cannot under any circumstances be held liable if the Site proves incompatible with, or malfunctions on, certain software, configurations, operating systems or equipment of the User.
2 – PERSONAL DATA
The personal data that Maison Barbès may collect and process in connection with the use of the Site by any person is processed in accordance with the amended French law of 6 January 1978 and European Regulation No. 2016/679/EU of 27 April 2016 (the “GDPR”), and in accordance with the Maison Barbès Privacy Policy: Privacy Policy
The controller of personal data on this Site is: Stéphane OUIMET, direction@maison-barbes.com.
Any booking confirmed on the Site implies the Client’s unrestricted and unreserved acceptance of all the conditions for processing their personal data.
Processing of personal data for bookings made on the Site:
To register and process bookings on the Site, Maison Barbès necessarily requires the client’s name, e-mail address and payment details.
Optionally, and only if the client agrees to provide this additional information, Maison Barbès may also collect the following data in order to contact the client more easily and/or offer a more personalised service: first name, telephone number, nationality, and/or any additional information the client wishes to provide for the purposes of their visit to the Hotel.
The above data is collected and processed for the purpose of concluding and performing the contract between Maison Barbès and the client, in order to process the booking and for any related communication.
Maison Barbès may also use this data in the context of the business relationship that may arise from exchanges with the client, and in the legitimate interest of Maison Barbès in keeping an up-to-date database of its clients and prospects.
This personal data is intended for the Maison Barbès teams for the above purposes and, where applicable, for its processors. It is kept for as long as necessary to fulfil the above purposes, as specified in the Maison Barbès Privacy Policy (Privacy Policy), within the limits of the applicable limitation periods. It may be transferred outside the EU by Maison Barbès’s processors. Maison Barbès ensures that all its processors carrying out data transfers outside the EU offer a level of data protection equivalent to that required by the GDPR.
Your rights:
In accordance with the amended French Data Protection Act of 6 January 1978 and European Regulation No. 2016/679/EU of 27 April 2016, you have the right to access, rectify, port and erase your Data, and to restrict its processing. You may also, on legitimate grounds, object to the processing of data concerning you.
You may exercise your rights:
- Via the contact forms on our Site
- By e-mail to: direction@maison-barbes.com
- By post to: Maison Barbès – 4 rue Bervic, 75018 Paris, France
To process your request as effectively as possible, please provide your surname, first name and e-mail address. In the event of reasonable doubt as to your identity, we reserve the right to ask you for a copy of your identity document.
We will reply as soon as possible and in any event within one month of receiving your request; this period may be extended by two further months taking into account the complexity and number of requests.
If you nevertheless consider that we have not processed your personal data in accordance with the regulations in force, you may lodge a complaint with the CNIL (French data protection authority):
https://www.cnil.fr/fr/plaintes
To find out more about how Maison Barbès processes personal data:
Maison Barbès Privacy Policy: Privacy Policy
3 – COOKIES
3.1 Information about cookies
A cookie is a small text file placed on your computer when you visit a site or view an advertisement. It contains information about your browsing on the site’s pages. On your computer, cookies are managed by your internet browser. You can configure their use by following the procedure indicated in your browser.
Cookies make it possible to collect and recognise your browsing preferences on a later visit to our sites, so that it can be optimised and personalised according to your preferences. They make your interaction with our sites faster and more efficient. They may also be used to show you advertisements related to your interests.
Here is the list of the different categories of cookies used on our Site:
- Necessary cookies
These are cookies necessary for the operation and security of our site. These cookies are not kept beyond the duration of your browsing session on our Site.
- User preference cookies
These are cookies intended to improve your browsing experience (such as your choice of display language for the Site). Outside your browsing on this Site, the information collected will not be used.
- Performance and audience measurement cookies
These are cookies that allow us to understand the use and performance of our Site in the form of statistics and audience measurement in order to improve our services. These cookies are not used for commercial purposes.
More information on cookies is available on the CNIL website: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser
3.2 Cookie settings
Our Site allows you to set your cookie preferences by clicking on the “Cookie settings” link at the bottom of the page. This link opens a simple cookie settings tool allowing you to refuse or accept them, by category of cookie (except for necessary cookies, which are always required if you wish to use the Site).
You can configure your internet browser at any time to enable and/or disable cookies on a case-by-case basis and/or delete those stored on your computer. However, your browsing may be affected depending on the settings you choose and, in particular, you may be prevented from using the main features of the Site if you decide to disable the necessary functional cookies. To manage cookies as closely as possible to your wishes, we invite you to configure your browser taking into account the purpose of the cookies as described above.
The links below will help you find the procedures to follow to configure the use of cookies according to the browser you use, including on a mobile device (such as a smartphone or tablet):
- Google Chrome: https://support.google.com/chrome/answer/95647
- Mozilla Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
- Edge: https://support.microsoft.com/en-gb/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09
- Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac
4 – INTELLECTUAL PROPERTY AND OTHER RIGHTS RELATING TO THE CONTENT OF THE SITE
The Site and all elements of any kind it may contain (including texts, graphics, posters, videos, sound content, images, logos, trademarks, various creations, software, databases, etc.) are protected or may be protected by rights, in particular intellectual property rights and/or third-party rights. Using any feature of our Site and, more generally, browsing it does not entail or imply any authorisation or any transfer, whether partial or total, tacit or express, of any kind whatsoever, relating to our Site, its elements of any kind, and the rights attached to them.
The User expressly undertakes not to make any use whatsoever of all or part of our Site, and in particular any reproduction (including still or moving capture, sound and/or visual), distribution, performance, communication, making available, modification, adaptation, sale, exchange, rental, recording, storage or archiving, by any means and process whatsoever, resulting in an infringement of rights, whether intellectual property rights, personal rights (including image rights) and/or any other rights provided for by the regulations in force and/or recognised by case law. Any person who commits or is an accomplice to all or part of any of these infringements may therefore incur civil and/or criminal liability and is exposed to all appropriate actions by Maison Barbès and/or the rights holders of any of the above-mentioned elements, including the payment of damages and civil and criminal proceedings.
5 – USER CONDUCT WHEN USING THE SITE
User commitments:
Just as we are all expected to observe rules of courtesy and decorum in everyday life, we ask all Users to do the same when using the Site.
In this context, the User of the Site undertakes to comply at all times with the rules and obligations described in the T&Cs of Sale and, more generally, with all obligations arising from applicable French and/or international provisions.
The User therefore undertakes, in particular:
- To respect the rights of others of any kind, including personality rights (such as image rights and the right to privacy) and intellectual property rights.
- To respect the image and reputation of Maison Barbès and of the persons and works featured on the Site, and not to make any statements and/or take any actions that harm the image, reputation and, more generally, the interests of Maison Barbès and/or the above-mentioned persons and works.
- Not to use the Site for purposes other than those for which it is intended and, in particular, not to use it for commercial purposes or, generally, to offer products and services for which the User is directly or indirectly paid.
- Not to obstruct or disrupt, in any way whatsoever, access to and/or the proper functioning of the Site.
- Not to breach or attempt to breach the security and/or integrity of the Site and/or all or part of its components (in particular software).
- Not to resell or make available to a third party and/or other Users, whether for a fee and/or free of charge, all or part of the Site.
- Any advertising, promotional or sponsorship message for which the User is paid in any form whatsoever is prohibited.
- Any use of the Site must also comply with netiquette (rules and practices in force on the internet) and with any charters and recommendations of any competent authorities relating to reasonable behaviour and good conduct on the internet.
Liability and indemnification:
The User is solely responsible for their use of the Site, their actions on the internet and, more generally, for compliance with these Terms of Use (and the T&Cs of Sale) and the applicable standards, and Maison Barbès cannot under any circumstances be held liable in respect of the above.
Consequently, the User takes, in particular, all necessary precautions to:
- protect and keep secret their personal data and booking references, and undertakes not to disclose them in any form whatsoever.
- prevent any use of their personal data and booking references by unauthorised persons or any infringement.
- protect their data, software and hardware against viruses circulating on the internet (in particular by keeping their anti-virus software up to date and avoiding downloading and/or opening documents and/or messages from dubious or unknown sources).
In addition, the User irrevocably undertakes to indemnify and hold Maison Barbès harmless against any action, claim or demand by third parties of any kind whatsoever (in particular against any complaint or claim by third parties) arising from use of the Site that does not comply with these terms, breach of the Terms of Use, T&Cs of Sale, the rights of others, public order and, more generally, any applicable standards, and undertakes to bear the related lawyers’ and/or advisers’ fees and costs as well as any judgments, in particular financial, that may be handed down against Maison Barbès, without prejudice to any damages that Maison Barbès may claim.
Maison Barbès accepts no liability in the event of loss, theft or unlawful use of the User’s personal data and booking references, nor for damage resulting from a computer virus and/or caused to the User’s data, software or hardware, nor for use of the Site and services that does not comply with these terms and the T&Cs of Sale of the Site, nor for use of the Site and/or services contrary to applicable standards.
6 – WARRANTY – AVAILABILITY OF THE SITE
To ensure the smooth technical operation of the Site, Users must observe certain technical constraints.
Due to the constant technical development of the internet in this area, these constraints may change during the performance of this contract.
Maison Barbès endeavours to keep the Site accessible 24 hours a day, 7 days a week, but gives no undertaking in this respect.
Maison Barbès may therefore interrupt access to the Site without notice, in particular for maintenance and upgrades, or for any other reason, in particular technical.
Maison Barbès is in no way responsible for these interruptions or for any consequences they may have for the User or any third party.
Maison Barbès may terminate or change the features of the Site at any time, without notice.
In addition, the User declares and warrants that they are fully aware of the characteristics and constraints of the internet and, in particular, that transmissions of data and information over the internet are only relatively reliable from a technical standpoint, as they travel over heterogeneous networks with diverse technical characteristics and capacities, which disrupt access or sometimes make it impossible.
The User accepts that Maison Barbès and its suppliers cannot under any circumstances be held liable for any material and/or immaterial, direct and/or indirect damage of any kind whatsoever arising from the use of, or inability to use, the Site.
Unless otherwise required by mandatory legal provisions, Maison Barbès is not liable and cannot be held liable on any grounds whatsoever in respect of the following, this list not being exhaustive:
- operation of software,
- transmission of any data and/or information over the internet,
- force majeure as interpreted by the French courts,
- interruption of access networks or networks accessible via the Site,
- failure of receiving equipment or telephone lines,
- computer viruses circulating on the internet that could affect the Site,
- interruption of the Site’s activity.
Furthermore, any non-compliant use of the Site is at the User’s own risk, and Maison Barbès will not be liable for damage to, or loss of data from, the User’s equipment.
Maison Barbès cannot be held liable in the event of legal proceedings against the User and/or their employees arising from the use of the Site.
The User is liable to Maison Barbès and/or third parties for any material and/or immaterial and/or direct and indirect damage of any kind whatsoever caused by the User when using the Site.
It is the User’s responsibility to take all appropriate measures to protect their own data and/or software from contamination by viruses circulating on the internet.
7 – CONTACT US
For any questions or comments about the operation of the Site, please contact us at:
direction@maison-barbes.com
8 – APPLICABLE LAW – DISPUTES – MEDIATION
Applicable law and complaints handling
These Terms of Use are governed by French law. Any dispute relating to their application, interpretation or performance shall be subject to the jurisdiction of the French courts. The Client and Maison Barbès will first endeavour to seek an amicable resolution. To this end, the Client must first notify Maison Barbès of the subject of their complaint by registered letter with acknowledgement of receipt to the following address: Maison Barbès – 4 rue Bervic, 75018 Paris, France.
Mediation
In accordance with Article L. 612-1 of the French Consumer Code, within one year of their written complaint, and subject to Article L.152-2 of the French Consumer Code, the Client may submit a request for amicable resolution through mediation to:
