1. Preamble
The present General Terms of Use govern all use of the Platform by Users and are applicable from their effective date and replace the previous ones.
The orpearelax.com platform is a booking site for short duration stays. Its objective is to allow emeis’s clients to view a selection of travel oriented short duration stay and submit a request for booking.
2. Definitions
“Application” or “Mobile Application”: all the mobile applications that make up the solution.
“General Terms of Use (GTU)”: means the present contractual conditions made available on the Platform to govern the use of the Platform by any User.
“Cookies”: refers to the text files deposited or read on the User’s terminal recording their browsing data.
“Personal Data” means any information relating to an identified or identifiable individual.
“Platform”: refers to the orpearelax.com.com internet platform and the corresponding mobile applications. The Platform includes all the web pages, Services and functionalities offered to Users.
“Services”: means all services offered by the Company to Users through the Platform.
“Company”: emeis, 2 rue Jean Jaurès, 92813 Puteaux Cedex
“Users” or “User”: means all persons using the Platform.
3. Acceptance of the General Terms of Use
The purpose of the General Terms of Use described below is to define the legal framework for the use of the Services by the Users as well as the relations that may be established between them and the Platform.
These GCU are made available to Users on the Platform where they can be directly consulted and can also be communicated to them on request.
Option 1:
By using the Platform, Users declare and acknowledge that they have read these TOS and accept them in full.
The Company reserves the right to modify at any time and without notice the present TOS. The applicable conditions are those in force on the applications at the time of use. In
Consequently, Users must keep themselves informed and consult the aforementioned TOS at the time of each use.
Option 2:
The User declares that he/she has read and accepted without restriction or reservation the present General Terms of Use. This acceptance is materialized by a validation click during the registration process for the Services/before using the Services.
4. Access to the Platform
The equipment necessary for the use of the Platform as well as the connection to the necessary telecommunication services (Internet) remain the responsibility of the Users.
Under these conditions, the Company cannot be held responsible for the non-operation, impossibility of access, or poor conditions of use of the Platform due to unsuitable equipment, internal malfunctions of the access provider, congestion of the Internet network, and for any other reasons outside the Company having the character of a force majeure. In this respect, force majeure means any unforeseeable and irresistible event within the meaning of Article 1218 of the Civil Code.
The operation of the Services may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation. Whenever possible, the Company will inform Users prior to any maintenance or update operation.
5. Personal data
The personal data provided by the Users are intended for the Company. The collection and processing of Users’ data is carried out in accordance with the Privacy Policy that you can find at the same level as these TOS.
The processing of your personal data complies with the French Data Protection Act (Loi Informatique et Libertés) and the European General Data Protection Regulation (RGPD) and is recorded in the emeis Group’s data processing register.
6. Cookies
The Platform uses “cookies” techniques to process statistics and information on traffic, to facilitate navigation and to improve the service for the convenience of Users. Users may object to the recording of these cookies.
For more information on cookies and the conditions under which the Company uses them, please refer to the Privacy Policy.
7. Responsibility
- Responsibility of the Company
The Company undertakes to make every effort to maintain the Platform in an operational state. In this respect, it undertakes to carry out regular checks to verify the operation and accessibility of the Platform. The Company reserves the right to temporarily and exceptionally interrupt access to the Platform for any maintenance or improvement work in order to ensure its proper functioning.
operation. Technical incidents or interruptions in operation resulting from them do not entitle the user to any compensation, indemnification or price reduction.
The Company shall not be liable in the event of:
- Difficulties (speed of access, slowdown) or temporary impossibility of accessing the Platform due to circumstances beyond its control, or due to disruptions in the telecommunication network.
- Damage of any kind, direct or indirect, resulting from the use of the Platform and in particular any financial loss, loss of programs and/or data of the Users of the Platform.
- Omissions and/or errors that may be contained in the Platform and the sites to which it redirects.
- A hacking of the servers or any other event (except deletion of the Users’ account) leading to a possible leakage/destruction/alteration/loss of the personal data kept by the third party mandated by the Company for this purpose.
7.2 Users’ responsibility
Users are solely responsible for the use of the content of the Platform and its consequences. The Company shall not be held liable for the use of the Services by the Users and in particular, but not exclusively, with respect to:
- Compliance with laws, regulations, charters of practice or ethics, national and international in force, including but not limited to copyright and image rights;
- Publishing, reproducing, consulting and/or sharing any content, in particular those aimed at inciting crimes and offences, inciting racial hatred or suicide, denying crimes against humanity, or containing child pornography, which are strictly prohibited by the Company when using the Platform;
- Publishing, reproducing, consulting and/or sharing any violent or pornographic content that may be accessible to minors, which are strictly prohibited by the Company when using the Platform.
The identifiers and passwords, as defined by the User at the time of registration, or as they may be modified later by the User, are personal. This information is strictly confidential. The User undertakes not to communicate them to third parties, and if necessary, he remains the sole master and responsible for the use that may be made of them. The company cannot be held responsible for the use of these identifiers by a third party.
In the event of loss, misappropriation or unauthorized use of User’s login and password, the User must immediately notify the Company and provide a new password in order to reconfigure access.
The User agrees to comply with the Company’s privacy policy. The User is solely responsible for the use of the Services and agrees to indemnify and compensate the Company for any damage, loss or loss of profit that the Company may suffer if it is held liable by a third party as a result of an action related to the use of the Services by the User.
8. Hypertext links
The Platform may provide links to websites published and/or managed by third parties. Insofar as no control is exercised over these external resources, the User acknowledges that the Company cannot be held responsible for their content, their products, their advertising or any elements or services presented on these sites
9. Intellectual Property
The systems, software, structures, infrastructures, databases and contents (texts, images, visuals, logos, brands, etc.) implemented by the Company on the Platform are protected by the intellectual property rights in force belonging to the Company. In accordance with the provisions of the Intellectual Property Code, only the use of the Platform for private use is authorized to the exclusion of any other use.
Any other use, without prior authorization from the Company, constitutes an infringement and is punishable under intellectual property law.
Any reproduction, representation, distribution and use of any of its elements, including disassembling, decompiling, decrypting, extracting, downloading, reusing, copying, in whole or in part, without the authorization of the Company are strictly prohibited, under penalty of legal proceedings.
The use of the Platform does not entail any transfer of intellectual property rights to the Users.
10. Duration
The present GCU are effective with respect to the User as of the use of the Services, for the duration corresponding to the use of the Services.
11. Applicable law and jurisdiction
The language of these TOU is French and the French version will prevail over any other version translated into another language.
Any difficulty arising from the interpretation and/or execution of the present contract which could not be resolved amicably by the parties, will be submitted to the appreciation of the competent French Courts.
The only laws applicable to these TOS are the laws of France.
