Terms of Service

Access to and use of the PANSEA website (hereafter referred to as “the Site”, developed by: Maxime Fitzjean) of the PANSEA company (hereafter referred to as “PANSEA”) and the services offered therein are subject to compliance with the present General Terms of Service (hereafter referred to as the “GTS”).

The Site is operated by SARL PANSEA, whose registered office is located at 426 rue de Tourcoing, 59420, Mouvaux, France. (SIREN : 929 321 297).

1/ Acceptance

Any access, use or recourse to the Site by the User, the Hotel Owner and the Agency implies unconditional and unreserved acceptance and compliance with all the terms of these GTS.

They constitute a contract between PANSEA and the User, the Hotel Owner or the Agency.

PANSEA reserves the right to modify the Site and these GTS at any time, or to modify or supplement them with new additional contractual conditions.

By accessing the Site, the User, the Hotel Owner and the Agency accept the present GTS, in the version applicable on the day of access to the Site.

The applicable GTS are those online on the Site and in force on the date the User's account is created, or the Hotel Owner's or Agency's subscription is taken out.

2/ TERMS AND DEFINITIONS

For the purposes of these GTS, the terms and/or expressions mentioned below shall have the following meanings, that is to say:

‘Brand Subscription’ : refers to the fee-based option offered to Brands which enables them to benefit from a permanent display on the Site, among the Brands appearing in the ‘Search by Brand’ section of the criteria selection page. This option enables Hotel Owners belonging to the Brand to benefit from a discount on the premium Service.

‘Agency’ : refers to the User using the Site as a travel agency.

‘Account’ : refers to the User's personal space accessible via the Site, enabling him/her to identify him/herself and keep his/her favorite Hotel Owners.

‘Agency Account’ : refers to the Agency's personal space accessible via the Site, enabling it to identify itself, to keep its favorite Hoteliers, and to have access to the Hoteliers' contact details if they have been supplied.

‘Hotelier’ : refers to the User, providing hotel services, listed on the Site by PANSEA.

‘Brand’ : refers to the User, providing a brand of a hotel group, referenced on the Site by the company PANSEA.

‘Premium Service’ : refers to the paying option offered to Hotel Owners which enables them to appear first in search results and to be put in direct contact with the User who may wish to make a reservation.

‘Site’ : refers to the website accessible at www.pansea.fr published by PANSEA.

‘User’ : refers to the physical or moral person using the Site, including Agencies, Hoteliers and Brands.

3/ Purpose

PANSEA specializes in providing a website listing luxury hotels.

The Site allows the User to identify a hotel, if listed, according to the criteria selected by the User via the Site's search engine, and enables Hoteliers who have paid for the Premium Service to benefit from direct contact with the User in order to consider a reservation.

These CGS establish the terms under which Users, Hoteliers, and Agencies may use the Site.

4/ FUNCTIONALITIES

From the Site, the User may find, if available, the Hotel Owner that corresponds to his/her search criteria among the Hotel Owners listed and obtain either a direct connection or a link to a third-party reservation platform.

Information provided on the Site is indicative, and it is the User's responsibility to verify directly with the Hotelier that the services offered meet their needs.

5/ Site availability

PANSEA disclaims responsibility, including but not limited to the following cases:

  • In the event of interruption of the site for technical maintenance or updating of the information published;
  • In the event of temporary impossibility of access to the Site due to technical problems, whatever their origin or source;
  • In the event of unavailability or overloading or any other cause preventing the normal operation of the network used to access the Site;
  • In the event of contamination by any computer viruses circulating on the network;
  • More generally, in the event of direct or indirect damage caused to the User, the Hotel Owner or the Agency, of whatever nature, resulting from access to or use of the Site;
  • In the event of abnormal use or illicit exploitation of the Site;

The User is informed that connection to the Site is made via the Internet. The User is therefore warned of the technical hazards that may affect this network and lead to slowdowns or unavailability making connection impossible. PANSEA cannot be held responsible for difficulties in accessing the Site due to disruptions in the Internet network.

6/ Access to the site

The User is responsible for the use and confidentiality of the login and password enabling him/her to access the Site.

User IDs and passwords may not be communicated to third parties, including other Users, the Hotel Owner or the Agency.

The User must inform PANSEA without delay if he/she becomes aware of a security breach linked in particular to the voluntary communication or misappropriation of his/her login and password, so that PANSEA can take all appropriate measures without delay to remedy the security breach.

In the event of loss or misappropriation of a login and password, a procedure for assigning new login and password will be implemented. PANSEA reserves the right to close or suspend the User's account without liability.

7/ User support

For any information or questions, our support service is available:

By email: [email protected]

8/ Subscription conditions

In order to benefit from the Agency Account, the Agency will be required to pay an annual subscription, the amount of which is indicated when subscribing to PANSEA.

In order to benefit from the Premium Service, the Hotel Owner undertakes to pay an annual subscription, the amount of which is indicated when subscribing to PANSEA.

In order to benefit from the Brand Subscription, the Brand will be required to pay an annual subscription, the amount of which is indicated when subscribing to PANSEA.

Subscriptions to services provided by PANSEA are tacitly renewed, unless denunciation is sent in writing to PANSEA one month before the renewal date.

9/ Personal data

The rules governing the protection of personal data are described in the data protection policy accessible on the site.

10/ Intellectual property

The presentation and content of the Site, together, constitute a work protected by the laws in force on intellectual property, of which PANSEA is the owner.

Any reproduction, in whole or in part, is systematically subject to PANSEA's authorization.

The texts, images, drawings and layout as well as the graphic charter of the Site are protected by intellectual property law.

It is forbidden to copy, extract, distribute or modify the content of the site for commercial purposes. Downloading and printing of text, images and graphics is authorized for private, non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of PANSEA.

Any violation of PANSEA's rights over the elements of the Site is punishable by the offence of counterfeiting.

11/ Hyperlinks

Hypertext links may lead to sites outside the Site, particularly in the context of reservations made by the User with the Agency or the Hotelier.

PANSEA declines all responsibility if the content of these sites contravenes the legal and regulatory provisions in force.

12/ Force majeure

The lack of availability of the Site resulting from force majeure or any other unavoidable, unforeseeable event beyond the control of PANSEA within the meaning of case law may not give rise to compensation.

13/ USER LIABILITY

When using the Site, the User undertakes in particular not to:

  • Usurping the identity of a third party and/or publishing any personal information about a third party;
  • Using the Site to commit an illicit or illegal act;
  • Using the personal data of other Users of the Site by any means whatsoever, or exploiting the content and elements of the Site on his own behalf or on behalf of a third party;
  • Use the Site in a manner that is malicious, denigrating, or damaging to the honor and reputation of other Users, a Hotel Owner, an Agency, or PANSEA.

The User is exclusively responsible for any behavior that contravenes the provisions of this article.

It is the responsibility of all Users to take all appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any attack.

14/ LIABILITY OF THE HOTELIER AND THE AGENCY

The Hotel Owner and the Agency are fully liable for all damages suffered by Users as a result of the services they provide.

The Hotelier and the Agency are solely responsible for the presentation and description of the services provided, their conditions of service, as well as the handling of any User claims and legal warranties applicable to the service.

15/ LIABILITY OF PANSEA

Under no circumstances shall PANSEA be liable for any indirect or unforeseeable loss or damage suffered by the User, the Hotelier, the Agency, the Brand or third parties, including but not limited to, any lost profits, loss, inaccuracy or corruption of files or data, commercial loss, cost of obtaining a substitute product, in connection with or arising from the non-performance or faulty performance of these GTS

PANSEA may not be held responsible for the information provided on the Site, even if erroneous, or for the contractual conditions under which the User agrees to request a service from a Hotelier, or for a User's failure to pay.

16/ Applicable law / Disputes

These GTS are governed by French law, subject to the mandatory rules of the country in which the User qualified as a consumer has his principal residence.

In the absence of an amicable settlement of the dispute, the User qualified as a consumer may, for any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract as well as to all documents connected with this contract, refer to the competent court in application of article R631-3 of the French Consumer Code.

If the performance of the present GTS is contested by the Hotel Owner, the Brand or the Agency, who is not a consumer, whether relating to the existence, interpretation, conclusion, performance or termination of the contract, as well as to all documents related to this contract, the resolution of this dispute shall fall within the jurisdiction of the PANSEA head office.

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