Condições Gerais de UsoPosted on 26/01/2022
The use of this Website https://www.lekaila.com (hereinafter the “Website”) implies full and unconditional acceptance of the Terms and Conditions set out below. These Terms and Conditions may be modified at any time. Users of the Website are advised to consult them regularly.
The Website is normally accessible to users at all times. However, the Website may decide to interrupt access to carry out technical maintenance and will endeavor to inform users of the date and time of such maintenance.
The Website is updated regularly by https://www.lekaila.com. Similarly, these Terms and Conditions may be modified without notice at any time. They are binding on the user who is therefore advised to consult them regularly.
1 - Owner
This Website, available at the following address https://www.lekaila.com is the property of LE KAILA (hereinafter LE KAILA).
- Legal name: LE KAILA
- Trade name: Le Kaila
- Address of the registered office: 124 rue des Jeux Olympiques 73550 Les Allues - France
- SIRET number: 753 025 196 00027
- VAT number: FR17 753 025 196
- Business activity (NAF/APE code): Hôtels et hébergement similaire (5510Z)
- Legal form: Société par Actions Simplifiée (SAS)
- RCS registration: Chambéry
- Share capital: 150,000.00 euros
- Legal representative: Aurelia Montgourdin in his capacity as Owner
- Publication Manager: Aurelia Montgourdin in his capacity as Owner
- Data Protection Officer (DPO): Aurelia Montgourdin in his capacity as Owner
- Address: 124 rue des Jeux Olympiques 73550 Les Allues - France
- Phone number: +33 (0)4 79 41 69 20
- Contact email: firstname.lastname@example.org
- Reservation email: email@example.com
- Data Protection Officer email: firstname.lastname@example.org
- Website: https://www.lekaila.com
2 – Design
This Website, accessible at https://www.lekaila.com, has been designed and developed by Diadao Productive, a limited liability company (SARL) with share capital of €100,000.00 legally registered with the Montpellier RCS register under the number 443 748 397 00041 and with the VAT number FR34443748397. The registered office is located Zone Ecoparc – 625 Avenue de la Saladelle 34130 Saint-Aunès - France.
Diadao is an agency specialized in providing online and marketing services to hotels, restaurants, spas and tourism operators. The Website Artistic Director is Mr. Serge Bija, an external provider from the Diadao digital communication agency.
How to contact Diadao Productive:
- Address: Zone Ecoparc - 625 Avenue de la Saladelle 34130 Saint-Aunès - France
- Phone number: +33 (0)4 67 40 22 73
- Contact email: email@example.com
- Website: https://www.diadao.fr
3 - Website Host
This Website accessible at https://www.lekaila.com, is hosted by AGS Cloud (Access Global Security) SARL with a share capital of €107,700.00 legally registered with the Montpellier RCS register under the number 442 015 392 00040. The registered office is located 265 rue de la Gariguette 34130 St Aunès – France.
How to contact AGS Cloud:
- Address: 265 Rue de la Garriguette 34130 Saint-Aunès - France
- Phone number: +33 (0)4 67 99 13 50
- Contact form: http://www.ags-cloud.fr/contactez-nous/
- Website: http://www.ags-cloud.fr
4 - Website Content & Copyright
This Website and all its contents may contain confidential information or information protected by legislation on intellectual property or other applicable laws.
Unless indicated otherwise, all Website content, general structure, texts, sounds and images whether animated or not, are the exclusive property of LE KAILA. It is forbidden for users to copy, modify, create a derivative work, assemble, decompile, sublicense or transfer any element on the Website or any content item whatsoever, except for personal usage.
Any total or partial representation of the Website and its contents, by any means, without prior specific authorization from LE KAILA is strictly prohibited and will constitute an act of counterfeiting punishable under the Intellectual Property Code.
- Texts: © LE KAILA
- Photos: © Tristan Shu, Sylvain Aymoz, Willy Camus, Méribel Tourisme, Anthony Cottarel, InfosNews, Shutterstock
5 - License to use the Website Content
By accessing the Website or using the services, the user acknowledges that he/she accept a license granted by LE KAILA, to use the Website content subject to the following imperative restrictions:
The license is granted on a non-exclusive, non-assignable basis. The user’s right of use is personal and private: this means that any reproduction of Website content on any medium whatsoever for collective or personal use, even within the user’s company, is prohibited. The same prohibition applies to any communication of Website content electronically, even when such communication is over a corporate internet or extranet.
The right of use includes only the permission to consult the website and its contents. This use only includes permission to reproduce by storage for representation on a single screen and such reproduction by storage is only allowed for use on a single computer screen or for paper printouts. Any other use is subject to prior specific authorization from LE KAILA. The breach of any of these provisions shall subject the perpetrator and any other person responsible for such breach, to the criminal and civil sanctions applicable under French and European law.
6 – Contractual Limitations regarding Technical Data
The Website may not be held liable for any material damage resulting from the use of the Website. Moreover, the user of the site agrees to access the website using recent equipment, free of any viruses and with latest generation updated browser.
The Website is hosted by a provider, AGS Cloud (Access Global Security), on the territory of the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: 2016/679).
The objective is to provide a service that ensures the best possible accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance purposes, to improve its infrastructures, in case of infrastructure failures or if the services generate unusual traffic volumes.
https://www.lekaila.com and the hosting provider will not be held liable in any case of malfunctioning of the Internet network, telephone lines or computer equipment or any network congestion preventing access to the server.
7 – European Data Protection Act
LE KAILA, with share capital of 150,000.00 euros, legally registered with the Chambéry RCS under the number 753 025 196 00027, is liable for the use made of the information collected on the Website. The person to be contacted for any questions about data collection is Aurelia Montgourdin in his capacity as Owner.
The data collected and stored is hosted by the company Sequoïasoft, Société par Actions Simplifiée (SAS), with share capital of 2 899 790,00 euros legally registered with the Grasse RSC under the number 522 921 634 00104, whose registered office is located 1681 route des Dolines 06560 Valbonne - France.
Sequoïasoft is a company which provides a PMS software (Product Management System) for hosting the customer database and processing data. The software is intended for marketing and management for professionals in accommodation, catering, outdoor accommodation and wellness professions.
How to contact them:
- Address: 1681 route des Dolines 06560 Valbonne - France
- Phone number: +33 (0)4 72 68 73 80
- Contact email: firstname.lastname@example.org
- Website: https://www.sequoiasoft.com/
The user is informed that, according to the General Data Protection Regulation (GDPR: 2016/679), the data given in forms posted on the Website are required to enable the company to address the request and are intended for the services in charge of replying to requests and monitoring such requests. The data collected on this Website through the form will be kept for a period of a period of 5 years for occasional visitors and for a period of 5 years for the clients of LE KAILA. After these periods, the personal data will be deleted or anonymised.
In accordance with the General Data Protection Regulation (GDPR: 2016/679), the user has a right to access, correct, update and erase data concerning him/her and these rights can be exercised by contacting Aurelia Montgourdin by email at email@example.com, or by post at 124 rue des Jeux Olympiques 73550 Les Allues - France, specifying in the subject of the email or the letter “Droits relatifs à la protection de votre vie privée” and attaching a copy of an identity document. The Website also provides you with a form to exercise your rights. Just click on the following link: https://www.lekaila.com/en/gdpr-form
You also have the right to give instructions on the fate of your data after your death.
In accordance with the General Data Protection Regulation (GDPR: 2016/679), the user may also object, for legitimate reasons, to his/her data being processed , and without having to give a reason and at no cost, to his/her data being used for commercial prospecting purposes.
Website users are required to adhere to the terms of the General Data Protection Regulation (GDPR: 2016/679), any breach of which may be punished as a criminal offence. In particular the user must abstain, in the case of particular data to which he or she has access, from any collection, inappropriate use and, generally speaking, any actions likely to interfere with other people’s privacy or reputation.
8 – Data Security
The Website uses Secure Socket Layer (SSL) protocol which is the most widely used protocol worldwide. It is used to secure and encrypt the information conveyed between LE KAILA and the users of the website. The key to the success of SSL encryption is its incredible simplicity for users. Browsers are warned of the presence of the SSL security protocol when a padlock is displayed and the presence of the https protocol in the url. You can therefore securely send information to LE KAILA.
To protect the security and confidentiality of personal data, the Website uses networks protected by standard systems such as a firewall, pseudonymisation, encryption and passwords.
When processing personal data, the Website takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.
The information required to respond to user requests, such as surnames, first names, addresses, user emails, are indicated by an asterisk on the collection forms. If fields marked with an asterisk are not filled, LE KAILA will not be able to process user requests.
The subcontractor in data storage solution:
Sequoïasoft, PMS software for hosting and processing data, is committed to: - Network security - Automated database backups - Protection against intrusions - Securing servers - Confidentiality of stakeholders Find out more on https://www.sequoiasoft.com/en/legal-notice/
For online booking services, user data is stored on a centralised server hosted by the provider D-EDGE .
9 – Booking and Payment System
When booking on the Website, the user is at times redirected to a subcontractor who offers a solution to manage bookings and payments.
The personal data collected are shared with the company D-EDGE, Simplified Joint Stock Company (SAS), with a share capital of €12,700,298.40, legally registered with the Paris RCS under the number 431 513 852 00076, whose registered office is located at 14-16 Boulevard Poissonnière 75009 Paris - France.
The data collected with the company D-EDGE are used for booking and customer management purposes, for billing and payment purposes and for conducting sales and satisfaction surveys.
How to contact D-EDGE:
- Address: 14-16 Boulevard Poissonnière 75009 Paris – France
- Phone number: +33 (0)1 44 71 05 05
- Contact form: https://www.d-edge.com/contact
- Website: https://www.d-edge.com
10 – Cookies
When accessing the Website, a cookie may be automatically placed and stored temporarily in the user’s browser software or on the user’s hard drive.
A cookie is a block of data that does not enable users to be identified but that is used to collect information on the user’s browsing so as to facilitate use of the Site (such as the pages viewed, the date and the access time, etc.). The information collected on this site will be kept for a period of 13 months. The browser software settings can inform the user about the presence of cookies and how they can refuse.
11 - Trademarks
Any of the LE KAILA trademarks which may be displayed on the Website are the exclusive property of LE KAILA. Any total or partial reproduction of these trademarks without prior specific authorisation from LE KAILA is therefore prohibited.
12 - Hyperlinks & Backlinks
The hyperlinks set up as part of this Site leading to other resources on the Internet, cannot incur the liability of LE KAILA. Users of the Site may not set up hyperlinks to this Site, without the explicit and prior authorisation of LE KAILA.
Following the explicit and prior authorization of LE KAILA, the hyperlink https://www.lekaila.com must be accompanied by a brief and precise descriptive text which informs the user of the advantages and precise nature of the activity of LE KAILA. The link must be visible and may appear in the "Partners" tab of your website. To obtain the explicit and prior authorisation of LE KAILA, you can contact us by email at firstname.lastname@example.org, or by post at 124 rue des Jeux Olympiques 73550 Les Allues - France, specifying in the subject of the email or the letter “Hyperlinks” and attaching your URL website address and the location of the link.
13 - Authorisation to reproduce content
For any information and request to reproduce content published on the Site (texts, graphics, illustrations, images, animated or not and sounds) regardless of the medium, the user is invited to submit their requests by email to email@example.com specifying in the subject of the email or the letter “Authorisation to reproduce content" and indicating the part you wish to reproduce as well as the context of this request.
15 – Changes to the Website and the Terms & Conditions
LE KAILA endeavours to ensure to the best of its ability that the information published on the Site is accurate and up to date. The information contained on the Site is not contractual in nature and LE KAILA reserves the right to change the content of the Site and these terms and conditions of use at any time without notice. These changes are binding on you and we recommend that you regularly consult the Site to read the general conditions of use in force. However, LE KAILA cannot guarantee the accuracy, precision or completeness of the content available on the Site and invites the user to contact LE KAILA directly.
16 - The extrajudicial settlement of consumer disputes
In accordance with article L.612-1 of the French Consumer Code, every consumer has the right for free access to a consumer mediator to settle disputes with a professional out of court, i.e. in this specific case with LE KAILA. For this purpose, LE KAILA guarantees the consumer effective recourse to a consumer mediating system. The formalities by which the process of mediation is implemented are specified by decree from the Council of State.