DISCLAIMER

OWNER

This website belongs to BALLAN EXPLOITATION, a simplified joint stock company with a capital of 3,000 euros, registered in the Tours Trade and Companies Register under number 891 839 367, whose registered office is located at 17 rue de la Commanderie in Ballan-Miré (37510) and whose intra-community VAT number is FR93891839367

Email: contact@lacommanderie.biz

PUBLISHING DIRECTOR

Manuel Flam

WEBSITE DESIGN AND TECHNICAL DEVELOPMENT

AXOME
30 rue Agricol Perdiguier – 42100 Saint-Etienne (France)
Tel: +33 (0)4 77 813 813
axome.com

HOST
OVH
2 rue Kellermann – 59100 Roubaix (France)
Tel: +33 (0)9 72 10 10 07
Email: support@ovh.com

GENERAL TERMS AND CONDITIONS OF USE (GTCU) OF THE WEBSITE

Last update: 1 April 2022

These GTCU govern the various uses of this website (hereinafter the ‘Site’). They are established between You (user of the Site and/or CUSTOMER) and BALLAN EXPLOITATION, hereinafter collectively referred to as the ‘Parties’.

Any use of the site for any purpose whatsoever implies unreserved acceptance by the user of the GTCU. A fortiori, if you become a CUSTOMER, you must read the present GTC carefully and accept them by ticking a box to that effect.

BALLAN EXPLOITATION reserves the right to modify all or part of the GTCU, in particular as a result of changes in the law. For your information, the date of the last update of the GTCU is systematically indicated at the top of this section of the website. The updated version comes into effect on the day of your first connection following the update date. It is therefore recommended that you consult the GTCU regularly.

You hereby confirm that you have the legal capacity to consent to the GTCU. If You do not agree with these GTCU or any updates, please do not use this Site.

You have the opportunity to register free of charge on an opposition list to telephone canvassing (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumption.
Any consumer has the opportunity to register for free on this list on the website https://conso.bloctel.fr/index.php/inscription.php “.

ARTICLE 1. FREE ACCESS TO THE WEBSITE

Access to the Site is free of charge. As a user of the Site, you acknowledge that you have the necessary means and skills to use it, and in particular an Internet connection and the necessary software to navigate the Site. The cost of the equipment necessary to access and use the Site is your responsibility.

ARTICLE 2. YOUR PERSONAL DATA

You can view our Privacy Policy, last updated on 1 April 2022, here.

The processing of your personal data on the Site is subject to the necessary formalities imposed by the CNIL, the relevant national institution in France.

Data is collected on the Site in the following context:

During your navigation on the site (e.g. IP address and cookies) or when consulting products or services;
When creating your customer account;
When booking a product or service (first and last name, email address, telephone number, etc.);
During an online exchange with BALLAN EXPLOITATION, when sending a customer satisfaction questionnaire, when subscribing to the newsletter;
When we receive job applications.

An asterisk informs you of the compulsory nature of the information you are asked to provide, without which BALLAN EXPLOITATION will not be able to process your requests efficiently. Optional information is requested in order to better know your profile and to improve the quality of services offered by BALLAN EXPLOITATION.

All of this data is kept by BALLAN EXPLOITATION and is not passed on to third parties, except with your agreement and/or notification.

In addition, when you visit the Site, a cookie may be automatically installed on your browser. The cookie makes it possible to collect information relating to your navigation on the Site. You can set your browser to inform you of the presence of cookies and to refuse them. However, certain features of the Site may no longer be accessible if you refuse to install them. For more information on cookies and their use: www.cnil.fr.

In accordance with the amended law n°78-17 of 6 January 1978 relating to data processing, files, and freedoms, each CUSTOMER has the right to access, modify, or delete his or her own personal data for legitimate reasons. They can exercise this right by using the contact form on the Site and attaching a copy of their identity document.

ARTICLE 3. LIMITATIONS CONCERNING THE USE OF THE CONTENT OF THE SITE

The Site contains articles, descriptions, designs, graphics, photographs, drawings and styles, trademarks, videos, software, music and sounds, ideas, and other content (the ‘Content’) protected by intellectual property law, trade secrets and/or by any other exclusive right, and these rights are lawful and protected.

The Content is protected by the laws in force in France (and, if applicable, by all similar laws abroad), and BALLAN EXPLOITATION is the exclusive holder of these rights, in particular for the selection and coordination of Content on the Site. All trademarks appearing on the Site belong to BALLAN EXPLOITATION or its partners.

The Content is therefore the exclusive property of BALLAN EXPLOITATION and/or its partners and may not be reproduced, used or represented, in whole or in part, without their prior express authorisation, at the risk of inciting legal proceedings, particularly for breaches of copyright and for parasitical business practices.

As such, you are not authorised to use, reproduce, or represent all or part of the elements of the Site. Please note: downloading an item from the Site onto your computer does not give you any ownership rights to that item. The practice of deep linking to a page of the Site is prohibited without the prior written consent of BALLAN EXPLOITATION.

BALLAN EXPLOITATION expressly prohibits:

the permanent, temporary, or occasional retrieval of all or a qualitatively or quantitatively substantial part of the content of the databases linked to the Site
reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the databases linked to the Site

ARTICLE 4. LIMITATION OF LIABILITY

The general obligation of BALLAN EXPLOITATION for the present GTCU is a best endeavours obligation. BALLAN EXPLOITATION undertakes, within the framework defined by these GTCU, to do everything in its power to ensure continuity of access to and use of the Site 7 days a week and 24 hours a day, and to regularly update the information accessible on the Site.

BALLAN EXPLOITATION declines all responsibility in the event of (1) temporary total or partial unavailability of access to the Site for technical maintenance operations or the updating of published information; (2) virus attacks; or (3) the abnormal or illicit use of the Site.

Furthermore, BALLAN EXPLOITATION shall in no way be held responsible for any consequences that may arise during or at the end of meetings or contacts between users as a result of using the Site. You are solely responsible for any damage caused to other users or third parties and the consequences of any claims or proceedings that may arise from this.

ARTICLE 5. JURISDICTION AND APPLICABLE LAW

Relations between the Client and BALLAN EXPLOITATION are governed by French law. In the event of a dispute, only the French courts shall have jurisdiction.

However, prior to any recourse to an arbitral or state judge, the Client is invited to contact BALLAN EXPLOITATION. If no agreement is reached, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this site.

This mediation procedure may be initiated :

by referring to the European platform for online dispute resolution

by referring to the mediator chosen by BALLAN EXPLOITATION, which is the Association Médiation Tourisme et Voyage, BP 80 303 75 823 Paris Cedex 17, website: https://www.mtv.travel/.

The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.

Since mediation is not mandatory, the Client or BALLAN EXPLOITATION may withdraw from the process at any time.

In the event that mediation fails or is not envisaged, the dispute shall be referred to the competent court designated at the beginning of this article.

ARTICLE 6. GENERAL PROVISIONS

Given the nature of their exchanges and in particular the dematerialisation of their relationship, the PARTIES agree that the electronic registrations in BALLAN EXPLOITATION’s computer system are submissible in court.

Any waiver of any provision of these GTCU shall not be deemed an acknowledgement of any subsequent breach, default, or failure to comply with such provision.

EXCEPT FOR SPECIFIC PUBLIC ORDER PROVISIONS, THE GTCU ARE GOVERNED BY AND THEREFORE SUBJECT TO FRENCH LAW. IN THE EVENT OF A DISPUTE CONCERNING THEIR IMPLEMENTATION, EXECUTION, OR INTERPRETATION, AND IN THE ABSENCE OF AN AMICABLE AGREEMENT, THE APPLICABLE COURT IS THE FRENCH COURT.

Disclaimer and GTCU