Legal Notice
1. Website Presentation
In accordance with Article 1-1 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN), as amended by French Law No. 2024-449 of 21 May 2024 aimed at securing and regulating the digital space (SREN Law), users of the Beauty Charters website are informed of the identity of the various parties involved in its creation and operation.
Website Publisher:
Beauty Charters
9092 Rue du Mont Vernon – Résidence Balzane
97150 Saint-Martin
France
SIREN: 105 715 056
VAT identification number: FR91105715056
Tax status: Company established in Saint-Martin and not subject to French mainland VAT; services are, where applicable, subject to the tax regime applicable in Saint-Martin, including the General Turnover Tax (TGCA).
Publication Director:
Elena Delaitre
Email: contact@beauty-charters.com
Website Creator:
Elena Delaitre
Hosting Provider:
o2switch
222 Boulevard Gustave Flaubert
63000 Clermont-Ferrand
France
2. General Terms of Use of the Website
Use of the Beauty Charters website constitutes full and unconditional acceptance of these general terms of use.
These terms may be amended or supplemented at any time. Users are therefore advised to consult them regularly.
The website is normally accessible at all times. However, Beauty Charters may temporarily suspend access to the website, particularly for maintenance, updates or other technical reasons. Where possible, users will be informed in advance of such interruptions.
Beauty Charters makes every effort to ensure that the information published on the website is accurate and up to date. However, the information provided on the website is for general information purposes only and may be modified at any time.
3. Description of Services
The purpose of the Beauty Charters website is to present the activities, services and offerings provided by Beauty Charters, including the nautical excursions and services offered by the company.
Beauty Charters makes every effort to provide information on the website that is as accurate and up to date as possible.
However, Beauty Charters cannot be held responsible for omissions, inaccuracies or failures to update information published on the website, whether attributable to the company or to third-party partners or service providers.
The information appearing on the website is provided for information purposes only and is not contractual, except where expressly included in a quotation, booking confirmation, general terms and conditions of sale or any other applicable contractual document.
4. Technical Limitations
The website uses technologies including JavaScript.
Beauty Charters cannot be held responsible for any material damage resulting from the use of the website.
Users undertake to access the website using recent equipment that is free from viruses and a current, up-to-date web browser.
Users remain responsible for their own computer equipment, Internet connection and the protection of their own data and systems.
5. Intellectual Property
Beauty Charters owns the intellectual property rights or holds the necessary rights and authorisations relating to all elements accessible on the Beauty Charters website, including texts, photographs, images, graphics, logos, icons, sounds, videos, software and website design elements.
Any reproduction, representation, modification, adaptation, publication, distribution or exploitation, in whole or in part, of these elements, regardless of the process or medium used, is prohibited without the prior written authorisation of Beauty Charters.
Any unauthorised use of the website or any of its elements may constitute copyright or intellectual property infringement and may be subject to legal proceedings in accordance with the applicable provisions of the French Intellectual Property Code, including Articles L.335-2 et seq.
6. Limitation of Liability
Beauty Charters shall not be held liable for any direct or indirect damage caused to the user’s equipment when accessing the website, particularly where such damage results from the use of equipment that does not meet the specifications set out in Article 4, incompatibility or the occurrence of a technical bug.
Beauty Charters shall also not be liable for indirect damages resulting from the use of the website, including loss of business, loss of customers, loss of data or loss of opportunity.
The website may provide areas enabling users to contact Beauty Charters or submit information.
Beauty Charters reserves the right to remove, without prior notice, any content submitted by a user that violates applicable laws or regulations, including content that is unlawful, abusive, defamatory, discriminatory, violent or pornographic.
Where applicable, Beauty Charters also reserves the right to seek civil and/or criminal liability against the user concerned.
7. Personal Data
7.1 Data Collected
When using the Beauty Charters website, Beauty Charters may collect and process personal data directly provided by users through the various forms available on the website.
The website currently contains five forms.
Depending on the form used and the nature of the request, the following information may be collected:
- first name;
- last name;
- email address;
- telephone number;
- desired excursion date;
- number of persons;
- type of excursion requested;
- boat;
- departure island;
- destination;
- free-text message or request.
Each form includes a mandatory consent checkbox through which the user confirms their agreement to the processing of their personal data for the purpose of handling their request.
No banking information or payment details are collected directly through the website.
7.2 Purposes of Processing
Personal data collected through the website is used only to the extent necessary to process the user’s request, including for the following purposes:
- responding to an information request;
- responding to an availability request;
- preparing and sending a quotation;
- preparing and organising an excursion;
- communicating with the user regarding their request or booking;
- managing the relationship with customers and prospective customers.
Personal data will not be used for purposes incompatible with those for which it was collected.
7.3 Applicable Legal Framework
The processing of personal data carried out through the website is conducted in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978, as amended, relating to data processing, files and individual liberties.
7.4 Users’ Rights
In accordance with applicable regulations, individuals have, subject to the conditions and limitations provided by law, the right to access, rectify, erase and restrict the processing of their personal data, as well as the right to object to processing and, where applicable, the right to data portability.
Where processing is based on consent, the individual may withdraw their consent at any time. Such withdrawal does not affect the lawfulness of processing carried out prior to the withdrawal.
To exercise their rights or for any questions regarding the processing of their personal data, users may contact Beauty Charters at:
Users also have the right to lodge a complaint with the French Data Protection Authority (CNIL) if they believe that their personal data is being processed in breach of applicable regulations.
8. Cookies and Other Trackers
When users first visit the Beauty Charters website, they are informed of the use of cookies and other trackers through a consent banner displayed in the bottom-right corner of the screen.
The banner provides the following three choices:
- Accept;
- Decline;
- Preferences.
No audience measurement tool or other tracker requiring user consent is activated before the user has given their consent.
The Preferences button allows users to view details of cookies and trackers by category and manage their consent using an individual toggle for each relevant category.
Users may also return to their previous choice and modify or withdraw their consent at any time using the link provided on the website.
Cookies that are strictly necessary for the operation of the website may be used where they are exempt from consent under applicable regulations.
9. Hypertext Links
The Beauty Charters website may contain hyperlinks providing access to websites or services operated by third parties.
Beauty Charters does not control all content, information, practices or privacy policies of such third-party websites and cannot be held responsible for their content or operation.
Users are encouraged to review the terms of use and privacy policies applicable to any third-party websites they visit.
10. Consumer Mediation
In accordance with the provisions of the French Consumer Code relating to consumer mediation, consumers must be able, after first submitting a written complaint to Beauty Charters and where the dispute has not been resolved amicably, to refer the matter free of charge to the consumer mediator to which the company belongs.
Consumer Mediator: SAS MEDIATION SOLUTIONS
Postal address: 222 Chemin de la Bergerie, 01800 Saint Jean de Niort
Email : contact@sasmediationsolution-conso.fr
Website: https://sasmediationsolution-conso.fr
The mediator’s contact details must be provided clearly and visibly on the website and, where applicable, in the company’s general terms and conditions of sale or service and order forms.
The chosen mediator must be duly registered and recognised in accordance with the applicable provisions governing consumer mediation.
11. Applicable Law and Dispute Resolution
These legal notices are governed by French law.
In the event of a dispute with a consumer, the rules governing jurisdiction applicable to consumers shall apply.
In particular, consumers may, under the conditions provided for by applicable law, bring proceedings before the court having jurisdiction at the place where they resided at the time the contract was concluded or at the time the harmful event occurred.
This provision does not prevent consumers from exercising any other right to bring proceedings before a court having jurisdiction under mandatory applicable legislation.
Before initiating legal proceedings, Beauty Charters encourages users to seek an amicable resolution, in particular through the company’s complaints procedure and, where applicable, through the consumer mediator.
12. Main Applicable Laws and Regulations
The main legal and regulatory provisions applicable include, in particular:
- French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN), particularly Article 1-1 as amended by French Law No. 2024-449 of 21 May 2024;
- French Law No. 2024-449 of 21 May 2024 aimed at securing and regulating the digital space (SREN Law);
- Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (GDPR);
- French Law No. 78-17 of 6 January 1978, as amended, relating to data processing, files and individual liberties;
- the provisions of the French Consumer Code relating to consumer information and consumer mediation;
- the provisions of the French Intellectual Property Code relating to the protection of works and creations;
- the tax provisions applicable in Saint-Martin, including those relating to the General Turnover Tax (TGCA).
13. Glossary
User: any person browsing the Beauty Charters website and using its features.
Personal data: any information relating to an identified or identifiable natural person, directly or indirectly, in accordance with the definition provided by the GDPR.
Cookie / tracker: a file or technology used, in particular, to store or access information on a user’s device while browsing a website.
TGCA (General Turnover Tax): a tax applicable in Saint-Martin in accordance with the tax rules and regulations in force in the territory.