FOR THE BRAVE

The purpose of these General Terms and Conditions of Use is to define the conditions of use for the https://www.beaumier.com/fr/ website (hereinafter the “Website”) published and operated by the French company Carte Postale Holdings SAS - whose full contact details are available by clicking here <Legal Notice> (hereinafter “Beaumier”) -  

Beaumier reserves the right to modify these GTCU at any time.  

1. Definitions  

For the purposes of these GTCU, capitalised terms, whether singular or plural, will have the following meanings:  

• GTCU or General Terms and Conditions of Use: refers to these General Terms and Conditions of Use.  

• Personal Data: refers to the personal data of Internet Users within the meaning of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or GDPR) collected and processed by Beaumier in connection with the consultation of the Website under the terms and conditions set down in these GTCU.  With regard to bookings for hotel stays on the Namastay platform (accessible if necessary via the Website), Users are advised to refer to Namastay’s privacy policy < Namastay’s privacy policy>, then to the privacy policy of each Beaumier Group hotel concerned, as communicated by the hotel or available on request at the following email address: privacy@beaumier.com.  

• Identification Information: the “login” or email address and “password” sent by the relevant Namastay Intermediary Service Provider to an Internet User to enable him/her to access his/her Booking Space. 

• Booking Space: the Internet User’s personal space, which is only accessible using the Identification Information forwarded by the Namastay service provider, enabling the User to book a stay in a Beaumier Group hotel. These GTCU supplement Namastay’s General Terms and Conditions of Use < Namastay’s GTCU>, which are also binding on the Internet User. 

• Internet User: refers to all Internet Users who visit the Website, whether or not they make a booking through their Booking Space. 

• Services: refers to the features and services as set down in article 4 made available to Internet Users and accessible via the Website. 

• Intermediary Service Providers: refers to the companies through which Beaumier offers its Services via its Website, in particular the booking or ordering of services. 

• Website: refers to the Internet website published by Beaumier and accessible via the URL address https://www.beaumier.com/fr/.  

• Beaumier: refers to Carte Postale Holdings SAS, a French company with share capital of €35,010,002, whose registered office is located at Bat. F - 37 Avenue des Massettes - 73190 Challes-les-Eaux, registered with the Chambery Trade and Companies Register under the No. 852 828 128. 

2. Scope, acceptance and amendment of the GTCU 

The purpose of the GTCU is to set down the conditions under which Internet Users may consult the Website and benefit from the Services. 

Access to or use of all or part of the Website implies the Internet User’s unreserved acceptance of these GTCU. 

These GTCU may be subject to amendments. The applicable conditions are those in force and available for consultation on the Website on the Internet User’s date of access to the Website. 

3. Description of Services  

Through its Website, Beaumier provides Internet Users with a range of offers from all the Group’s hotels. Internet Users can discover all the information they need to make an informed choice, via a wide range of editorial content.   

Through its Website, Beaumier provides Internet Users with access to a certain number of Services, in particular booking and rental offers along with the list of services made available by the hotels.  

All bookings made online or via the Website for stays at Beaumier Group hotels go through the Namastay service provider. The Intermediary Service Provider shall provide and store the Identification Information. 

In addition, to access the services offered individually by the Group’s hotels, simply select the chosen location on the Website and choose the desired service (massage, spa, dinner, etc.). Any purchase of services will be made on the section of the Website dedicated to the hotel in question and via the relevant Intermediary Service Provider. 

Beaumier also offers free access to its newsletter via its Website, provided that the Internet User enters an email address and accepts these GTCU.  

All the Services provided by Beaumier and made available to the Internet User are detailed on the Website. 

4. Service access and availability 

Beaumier uses its best efforts to ensure its Website is available 24/7, outside of scheduled Website maintenance times. 

However, Beaumier reserves the right to interrupt access to all or part of the Website or Services for maintenance and/or improvement work. Insofar as Beaumier is able, the Internet User will be given prior notice of such interruptions to the Services and/or Website, in particular by means of a warning message on the Website. Nevertheless, in the event of an emergency, Beaumier reserves the right to partially or fully suspend, for a reasonable period of time, all or part of the Services and/or the Website in order to carry out any required technical operations. These interruptions to the Services and/or the Website will not entitle the Internet User to any compensation whatsoever, even if said interruptions occur during the service purchasing or booking process.  

In this respect, Beaumier is bound by a best efforts obligation. 

5. Intermediary Service Provider  

The Internet User books Services through an Intermediary Service Provider identified on the Website at the time of the booking in question.  

Beaumier uses Intermediary Service Provider Namastay for booking services within the Group’s hotels. Identification Information is then provided by this Intermediary Service Provider, enabling the Internet User to access a Booking Space where he/she can view, change or cancel his/her booking, as well as make new bookings.  

This Service Provider’s general terms and conditions of use are available here < Namastay’s GTCU>. 

This Service Provider’s privacy policy is available here <Namastay’s privacy policy>. 

The Internet User will pay for services such as the purchase of gift vouchers, the booking of spa services at the various hotels or the creation of moneypots, via the Mybeezbox Intermediary Service Provider.  

This Service Provider’s general terms and conditions of sale are available here < MyBeezbox GTCS> 

This Service Provider’s privacy policy is available here < MyBeezbox privacy policy> 

The Internet User will order services such as bookings in the hotel’s restaurants through the Intermediary Service Provider The Fork. 

This Service Provider’s general terms and conditions of sale are available here < The Fork’s GTCS> 

This Service Provider’s privacy policy is available here < The Fork’s privacy policy> 

6. Guarantee and liability 

By accessing the Website, the Internet User declares, guarantees and undertakes to: 

• access and use the Website and/or the Services and/or the services of the Intermediary Service Providers in good faith, in a reasonable manner that is not contrary to the terms of these GTCU; 

• refrain from using any devices or software other than those provided by Beaumier and/or its Intermediary Service Providers intended to i) affect or attempt to affect the proper functioning of the Website and/or Services ii) or to extract, modify, consult all or part of the Website and/or Services, even via the buffer or temporary memory, or for individual use; 

• refrain from accessing and/or using the Website and/or the Services and/or the services of the Intermediary Service Providers for illicit purposes and/or with the intention of damaging the reputation and/or image of Beaumier and/or Internet Users and/or the Intermediary Service Providers, or more generally to infringe on the rights, in particular intellectual property rights, of Beaumier and/or the Intermediary Service Providers and/or third parties, including Internet Users; 

• refrain from directly or indirectly marketing the Services and/or the services of the Intermediary Service Providers and/or the access to the Services and/or the Website and/or the services of the Intermediary Service Providers; 

• refrain from reusing or exploiting all or part of the Website and/or the Services and/or the services of the Intermediary Service Providers contained therein, in particular for commercial and/or collective and/or personal purposes in a form and/or medium that is not authorised by Beaumier or its Intermediary Service Providers; 

• refrain from reproducing or representing all or part of the Website and/or Services and/or the services of the Intermediary Service Providers for private purposes beyond the legal exceptions provided, in particular, by the French Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties; 

• refrain from restricting access to and use of the Website and/or the Services and/or the services of the Intermediary Service Providers; 

• refrain from modifying, including via the buffer or temporary memory, any mention or element of the Website and/or the Services and/or the services of the Intermediary Service Providers; 

• ensure that the use of the Website and/or the Services and/or the services of the Intermediary Service Providers does not affect or compromise the stability, security and quality of the Website and/or the Services and/or the services of the Intermediary Service Providers, the networks, bandwidth or infrastructures of Beaumier, other Intermediary Service Providers and/or third parties; 

• refrain from contravening the provisions of articles 323-1 to 323-7 of the French Penal Code on hacking practices; 

7. Advertising 

Beaumier reserves the right to place advertisements or promotional messages on the Website, including in connection with the Services. 

8. Limitation of liability 

Internet Users are solely responsible for the use they make of the Website and the Services that they access via the Website (including the services of the Intermediary Service Providers). 

Beaumier cannot be held liable in the event that proceedings are brought against an Internet User who is guilty of non-compliant use of the Website and/or the Services and/or the services of the Intermediary Service Providers. 

In this respect, the Internet User acknowledges and accepts that he/she will be personally responsible for any claim or proceedings brought against Beaumier as a result of his/her non-compliant use of the Services and/or the Website and/or the services of the Intermediary Service Providers. 

The Website may contain hyperlinks to third-party websites. 

In this respect, given the rapidly changing nature of the content that may be placed on the websites to which the said hyperlinks point, Beaumier cannot be held liable if the content of the said third-party websites breaches legal and/or regulatory provisions in force. 

In any case, Beaumier cannot be held liable: 

• if the Services and/or the services of the Intermediary Service Providers become unavailable for reasons such as failure of the public electricity network, failure of the cabled telecommunications networks, loss of connectivity to the Internet network due to public or private operators, in particular the Internet User, for any reason whatsoever, particularly strikes, storms, earthquakes or any other cause having the characteristics of a force majeure event; 

• if the Website and/or the Services and/or the services of the Intermediary Service Providers are used by any Internet User in conditions that do not comply with the terms of these GTCU or the contractual conditions of the relevant Intermediary Service Providers; 

• within the limits of applicable legislation, for any indirect damage, including but not limited to loss of profit, data or any other loss of intangible property, even if Beaumier was informed of the potential for such damage, which may arise (i) from the use or inability to use the Website and/or the Services and/or the services of the Intermediary Service Providers (ii) following unauthorised access to the Website and/or the said Services and/or the services of the Intermediary Service Providers by the Internet User.  

Beaumier cannot be held liable for any malfunction of any nature whatsoever relating to the Internet User’s computer equipment or Internet connection, when accessing the Website and more generally the Services. 

In particular, Beaumier cannot guarantee the Internet User of the Services against problems the Internet User may encounter in terms of speed of access to the Website and/or the Services and/or buffering speed of the Internet User’s computer. 

9. Force majeure

Beaumier cannot be held liable for a failure or delay in meeting any one of its obligations when such failure or delay is due to a force majeure event as defined by French case law and article 1351 of the French Civil Code, particularly in the event of natural disasters, fires, or a malfunction or interruption of the telecommunications network or the electricity network. 

10. Intellectual Property

A ) Copyright on the Website 

Beaumier is the owner or licensee of the intellectual property rights to both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos, programmes and other content). Consequently, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Website and/or Services, by any process whatsoever and on any medium whatsoever, without Beaumier’s express prior authorisation is prohibited and constitutes an infringement of copyright.  

Similarly, any unauthorised exploitation of the Website and/or Services will render the Internet User liable for criminal and civil prosecution for copyright infringement. 

The Internet User acknowledges and accepts that access to the Website and/or Services made available by Beaumier does not imply any transfer or assignment to the Internet User of intellectual property rights (in particular copyright) and other personality rights (image rights, right to privacy).  

Access to the Website and the Services is exclusively limited to the private and personal use of the Internet User under the conditions and within the limits set down in these GTCU. 

B) Distinctive signs 

The trademarks, logos, corporate names, acronyms, trade names, brand names and/or domain names of Beaumier and/or its business partners and Intermediary Service Providers mentioned on the Website, made available by Beaumier on the Website, constitute distinctive signs that cannot be used without their owner’s express prior authorisation.  

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of a company name, trade name and domain name, incurring the civil liability of the perpetrator of such infringement.  

C) Hyperlinks 

Beaumier cannot be held responsible for the hyperlinks accessible on the Website and/or in connection with the Services, that lead to other websites and, in general, to all existing resources on the Internet.  

Under no circumstances may the Internet User set up hyperlinks to deep pages of the Website that would provide access to the Services by any technical means aimed at bypassing the Member’s login page or downloading of all or part of the content of the Services made available by Beaumier.  

The “framing” technique is prohibited without Beaumier’s express prior authorisation. 

D) Databases 

The Internet User irrevocably acknowledges that the Website and the Services, including the structure and/or arrangement of the travel destinations and services offered by Beaumier, are comprised of one or more databases made available to Internet Users by Beaumier in its capacity as the producer of said databases within the meaning of the provisions of articles L.341-1 et seq. of the French Intellectual Property Code. 

Consequently, in accordance with the provisions of article L. 342-1 of the same Code, the Internet User undertakes to refrain from: 

• extracting by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and/or the Services, including the structure and/or arrangement of the travel destinations and services offered by Beaumier, onto another medium, by any means and in any form whatsoever, including for the purposes of use or consultation via a medium and/or process(es) not authorised by Beaumier; 

• reusing, by making available to the public, all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and/or the Services, including the structure and/or arrangement of the travel destinations and services offered by Beaumier, in any form whatsoever, including via a hyperlink, medium and/or process(es) not authorised by Beaumier; 

• creating, publishing, maintaining, updating, importing, exporting, making available to third parties a competing database derived from all or part of one or more of Beaumier’s databases, with or without consideration, and shall refrain from taking part in the aforementioned acts; 

• displaying the Website and Services on a screen by a process or medium other than those by which Beaumier intends to present them, including the structure and/or arrangement of the travel destinations and services offered by Beaumier; 

• in general, any direct or indirect, partial or total qualitatively or quantitatively substantial extraction, use, storage, reproduction, representation or conservation, including via the buffer or temporary memory, of content in one or more of Beaumier’s databases, committed by one of the aforementioned processes, is strictly prohibited, including by any medium not authorised by Beaumier. 

E) Service content 

The Internet User acknowledges and accepts that access to the Website and to the Services and/or to the services of the Intermediary Service Providers made available by Beaumier does not imply any transfer or assignment to the Internet User of intellectual property rights (in particular copyright) or other rights. 

The Internet User acknowledges and accepts that the private and personal use right granted to him/her by Beaumier to access its Services excludes, in particular, access to the Services and/or the services of the Intermediary Service Providers with the intention of collectively using their content, reproducing, performing, reselling, exchanging, renting, transferring to a third party, modifying, adapting, correcting all or part of the Website, the Services and the content therein with or without consideration. 

F) Image rights 

The portrayal of persons appearing on the Website, made available by Beaumier on the Website, is protected by image rights and therefore cannot be used without the express prior authorisation of these persons.  

Any representation and/or reproduction and/or partial or total exploitation of the portrayal of persons on the Website is therefore prohibited and constitutes an infringement of image rights incurring the civil liability of the perpetrator of such infringement.  

11. Data protection  

The Internet User’s Personal Data is processed in accordance with the regulations in force.  

A) The data collected  

When the Internet User wishes to receive the Beaumier newsletter, he/she agrees to provide his/her email address and to accept the present GTCU.  

Beaumier collects the email address provided by the Internet User who wishes to receive the newsletter. 

Beaumier therefore collects and processes this data from Internet Users in accordance with the legal grounds for processing consent and for commercial prospecting purposes (advertising messages, competitions, sponsorships, promotions, sending the newsletter, etc.) by sending an email about news, projects, offers, special offers, opportunities, reflections and activities relating to Beaumier and its Services. Data collected in this way will be stored and used for the specified purpose until consent is withdrawn. 

The data collected in this way will be processed by authorised personnel (Website hosting and maintenance service providers; marketing solutions providers, providers of commercial prospecting management and communication services on social media; customer service providers) at Beaumier for the purpose determined prior to collection and stored in a secure environment. In addition, data will not be distorted, damaged or accessed by unauthorised third parties.  

Internet Users may withdraw their consent at any time by clicking on “unsubscribe” in the top left-hand corner of any email containing the newsletter. Beaumier will immediately stop sending the newsletter. Data will then be kept for six (6) months in the active database and a further six (6) months in intermediate storage before being permanently deleted.  

To exercise his/her data protection rights or for any questions about the processing of his/her Personal Data via the Website and/or the Services, the Internet User may contact the Beaumier Group Data Protection Officer:  

Ally Avocats 

27 Boulevard de Courcelles – 75008 Paris – France 

privacy@beaumier.com 

If, after contacting us, the Internet User considers that his/her data protection rights have not been respected, he/she may lodge a complaint with the French Data Protection Agency (CNIL). 

B) Cookies deposited on the Internet User’s terminal when browsing the Website  

Cookies are used on the Website.   

A cookie is a piece of information placed on the computer used by the Internet User (hereinafter the “Terminal”) to access the Website.   

Cookies are used to track the Internet User’s browsing habits on the Website and to determine the pages consulted and the date and time of consultation.  

At no time do these cookies allow Beaumier or the publisher of said cookie to identify the Internet User personally.  

Internet Users may accept or refuse cookies on their terminal at any time by clicking here <cookie module >.   

12. Assistance - Claims

For any information, queries or complaints of a technical nature or relating to the Services, Internet Users are invited to email their inquiries to the following address: welcome@beaumier.com. 

You can also contact Beaumier’s customer service at +33 (0)4 79 33 01 04 (standard rate number) on the following days and times: Monday to Friday from 9am to 6:30pm , excluding public holidays. 

13. Miscellaneous provisions  

A) Correspondence - Proof 

Unless otherwise stipulated in these GTCU, correspondence between Beaumier and the Internet User will mainly be carried out by email.  

Pursuant to articles 1366 et seq. of the French Civil Code, the Internet User acknowledges and accepts that the information provided by Beaumier by email and/or by the Services and/or the Website will be deemed authentic between him/her and Beaumier.  

Elements such as the time of receipt or transmission, as well as the quality of the data received, will be deemed authentic and will prevail as stated on the aforementioned media, or as they are authenticated by Beaumier’s digital procedures, unless the Internet User provides written proof to the contrary.  

The scope of proof of the information provided on the Website is that granted to an original in the sense of a written paper document, signed by hand. 

B) All GTCU 

These GTCU express all the obligations of Beaumier and the Internet User relative to their subject matter. A Party’s failure to invoke a breach by the other party of any of its obligations hereunder shall not be construed as a waiver of said obligation in the future.  

C) Partial Invalidity  

In the event that one or more stipulations in these GTCU is deemed null and void or unenforceable, or declared as such pursuant to a law or regulation or following a ruling handed down by a competent court of last resort, the other stipulations shall retain their full force and scope and will remain fully applicable, unless the invalid stipulation(s) was of a substantial nature and its/their invalidity calls into question the contractual balance.  

D) Headings 

In the event of difficulties of interpretation between one of the headings for the clauses of these GTCU and one of the clauses themselves, the heading will be declared non-existent. 

14. Applicable law and settlement of disputes  

These GTCU are governed by French law.  

In the event of a dispute arising in connection with these GTCU, their interpretation and their consequences or with the documents supplementing or amending them, the Internet User shall contact Beaumier in order to attempt to reach an out-of-court settlement. All complaints to Beaumier must be made in writing.  

Failing an out-of-court settlement, the Internet User may choose to refer his/her claim to the competent French courts, it being specified that specific rules apply in the context of the GCS. 

Date of last GTCU update:  May 2024