Terms of sale and use.

Part A — Terms of sale (CGV)

Identity of the seller

KAÏBANA
Address: 39 rue Désiré Cannenterre, Lotissement Les Quatre-Vents, 97220 La Trinité – Martinique
Phone: +596 6 96 25 06 13
Email: [email protected]
SIRET: 939 651 949 00017

Purpose

These terms of sale set out the conditions under which the lessor offers the furnished seasonal rental of Villa KAÏBANA, for the exclusive purpose of tourist accommodation.

Description of the property

• Property name: Villa KAÏBANA
• Address: 62 route de l’Anse Rouge, Tartane, 97220 La Trinité – Martinique
• Type: Detached furnished house
• Surface: approximately 150 m²
• Maximum capacity: 10 guests
• Number of bedrooms: 5
• Private fenced pool

Booking conditions

Bookings are made via the website or any official channel of the lessor.

A booking becomes firm and definitive:

• once the dates are validated,
• once these terms are accepted,
• and once the deposit or the full amount stated has been paid.

The renter declares to be of legal age and legally able to contract.

Price

The prices shown on the site are expressed in euros and correspond to the total price of the stay for the selected period.

Included in the price:

• the rent,
• water and electricity charges,
• linens,
• access to the amenities (Wi-Fi, pool, parking).

The following are mandatory and added:

• Cleaning fee: €350
• Tourist tax: 3.5% of the rental amount (in accordance with applicable regulations)

Payment terms

Payment terms are specified at the time of booking.

Unless stated otherwise:

• a deposit is required at booking,
• the balance is due no later than 1 month before arrival.

Payment can be made by bank transfer or any other means offered on the site.

Security deposit

A security deposit of €3,000 is required.

It is intended to cover any damage, loss or additional costs. It is refunded within a maximum of 10 days after departure, subject to the condition of the property.

Stay duration

The rental is granted for a fixed duration, specified at the time of booking.

• Arrival: from 16:00
• Departure: before 10:00

No extension may be granted without the written agreement of the lessor.

Renter obligations

The renter agrees to:

• respect the maximum capacity of the property,
• use the premises peacefully,
• respect the neighbourhood,
• not smoke indoors,
• not introduce any pets,
• not sublet or transfer the booking,
• return the property in a compliant state.

Inventory and inspection

The property is deemed compliant and in good condition on entry.

Any anomaly must be reported within 24 hours of arrival.

Cancellation

Cancellation by the renter

• More than 30 days before arrival: full refund
• Between 30 and 15 days: 50% refund
• Less than 15 days: no refund

Cancellation by the lessor

If the lessor is unable to provide the rental for reasons beyond their control, the lessor will refund all amounts paid in full, with no additional compensation being claimable.

11 bis. Force majeure and exceptional events

Are considered cases of force majeure, within the meaning of article 1218 of the French Civil Code, all unforeseeable, irresistible and external events that make total or partial performance of the contract impossible.

The following are notably treated as cases of force majeure, without this list being exhaustive:

• cyclones, tropical storms, earthquakes, floods, fires,
• prefectural orders or administrative decisions restricting access to the property or movement,
• prolonged outages of water, electricity or internet access beyond the lessor’s control,
• pandemics, epidemics or health crises,
• major damage to the property following a natural event.

In the event of a force majeure event:

• the contract may be suspended or terminated as of right,
• amounts paid corresponding to nights not consumed will be refunded,
• no additional compensation, penalty or damages may be claimed.

Insurance

The renter must hold third-party holiday liability insurance.

Pool and liability

Villa KAÏBANA has a private secured pool, compliant with the safety requirements applicable to private pools for family use.

The pool is equipped with:

• a safety fence fully enclosing the pool area
• a secured gate with a double opening system, intended to limit access by children and unauthorised persons.

Despite these safety devices, the renter acknowledges that the pool remains an area presenting risks.

Use of the pool is at the entire responsibility of the renter and the occupants, in particular regarding:

• the constant supervision of children and vulnerable persons,
• compliance with basic rules of caution and safety,
• the prohibition of any dangerous behaviour.

The lessor cannot be held liable for accidents, injuries or damage resulting from inappropriate, careless or unsupervised use of the pool.

Booking confirmation constitutes express acceptance of this liability clause, without reservation.

Early termination

In case of breach of these terms or inappropriate behaviour (nuisance, damage, non-payment), the lessor reserves the right to terminate the stay immediately, without refund.

Personal data

The personal data collected is used exclusively for managing bookings and is neither sold nor transferred to third parties, in accordance with applicable regulations.

Applicable law and disputes

These terms are governed by French law.

In case of dispute, the competent courts are those of FORT-DE-FRANCE (Martinique).

Acceptance of the terms

These terms of sale constitute a legally binding contract.

Validation of a booking, partial or full payment of the stay, or entry into the premises constitutes full and unreserved acceptance of these terms, the internal rules, and all annexed contractual documents.

Part B — Site terms of use (CGU)

1. Use of the site and the services offered.

Use of the site www.villakaibana.fr implies full and unreserved acceptance of the terms of use set out below. These terms of use may be modified or supplemented at any time; users of www.villakaibana.fr are therefore invited to review them regularly.

This site is normally accessible to users at all times. An interruption for technical maintenance may, however, be decided by EURL Kaïbana, which will then endeavour to give users prior notice of the dates and times of the work.

The site www.villakaibana.fr is updated regularly by EURL Kaïbana. Likewise, the legal notices may be amended at any time: they are nonetheless binding on the user, who is invited to consult them as often as possible.

2. Description of the services provided.

The site www.villakaibana.fr aims to provide information about all of the company’s activities.

EURL Kaïbana strives to provide on the site www.villakaibana.fr information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or failures to update, whether caused by itself or by the third-party partners who supply this information.

All information shown on the site www.villakaibana.fr is provided for guidance only and is subject to change. Furthermore, the information appearing on the site www.villakaibana.fr is not exhaustive. It is given subject to changes made since it was put online.

3. Contractual limitations on technical data.

The site uses JavaScript technology.

The website cannot be held responsible for material damage related to the use of the site. In addition, the user agrees to access the site using recent equipment, free of viruses, and with an up-to-date, latest-generation browser.

4. Intellectual property and infringement.

EURL Kaïbana owns the intellectual property rights, or holds the usage rights, to all elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds and software.

Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by whatever means or process, is prohibited without the prior written authorisation of EURL Kaïbana.

Any unauthorised use of the site or of any of the elements it contains will be deemed to constitute infringement and prosecuted in accordance with articles L.335-2 et seq. of the French Intellectual Property Code.

5. Limitations of liability.

EURL Kaïbana cannot be held responsible for direct or indirect damage to the user’s equipment when accessing the site www.villakaibana.fr and resulting either from the use of equipment that does not meet the specifications indicated in point 3, or from the appearance of a bug or an incompatibility.

EURL Kaïbana also cannot be held responsible for indirect damage (such as loss of business or loss of opportunity) arising from the use of the site www.villakaibana.fr.

Interactive areas (the ability to ask questions in the contact area) are available to users. EURL Kaïbana reserves the right to remove, without prior formal notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, EURL Kaïbana also reserves the right to invoke the civil and/or criminal liability of the user, in particular in the case of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).

6. Management of personal data.

In France, personal data is protected in particular by Law no. 78-17 of 6 January 1978, Law no. 2004-801 of 6 August 2004, article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995.

When using the site www.villakaibana.fr, the following may be collected: the URL of the links through which the user accessed www.villakaibana.fr, the user’s internet service provider, and the user’s Internet Protocol (IP) address.

In any event, EURL Kaïbana only collects personal information relating to the user for the purpose of certain services offered by the site www.villakaibana.fr. The user provides this information knowingly, in particular when entering it themselves. The user of the site www.villakaibana.fr is then informed whether or not providing this information is mandatory.

In accordance with articles 38 et seq. of Law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, every user has a right of access, rectification and objection regarding the personal data concerning them, by making a written and signed request, accompanied by a copy of an identity document bearing the holder’s signature, and specifying the address to which the reply should be sent.

No personal information of the user of the site www.villakaibana.fr is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the event of EURL Kaïbana and its rights being bought out would permit the transmission of such information to the potential acquirer, who would in turn be bound by the same obligation to retain and amend the data with respect to the user of the site www.villakaibana.fr.

General Data Protection Regulation (GDPR)

www.villakaibana.fr is a static information website. It offers no data-collection form and no newsletter sign-up, and builds no marketing database. Personal data is processed only in two cases: when you make a booking request via the Lodgify module, and for the site’s anonymous audience measurement.

Purpose

The data entered in the booking module (surname, first name, e-mail, phone, stay dates, number of guests, message) is collected for the sole purpose of handling your booking request and performing the rental contract; it is transmitted to our booking provider Lodgify. In addition, aggregated, cookieless audience measurement (Cloudflare Web Analytics) produces anonymous traffic statistics. No data is used for commercial prospecting.

Legal bases and consent (art. 6 and art. 7 GDPR)

The processing of booking data is based on the performance of the contract or pre-contractual measures taken at your request (art. 6(1)(b) GDPR). Anonymous audience measurement is based on the legitimate interest of EURL Kaïbana in knowing its site’s traffic (art. 6(1)(f) GDPR). The third-party cookies required by the Lodgify booking module are placed only after your explicit consent, obtained via the banner shown on the booking page; this consent may be withdrawn at any time.

Data retention

Technical connection logs (Cloudflare) are kept for a maximum of thirty (30) days. Audience statistics (Cloudflare Web Analytics) are aggregated, anonymous, and kept for six (6) months. Booking data is kept by Lodgify for as long as necessary to handle your request, then under the applicable legal, accounting and tax obligations.

Rights of individuals (art. 15 to 22 GDPR)

In accordance with the GDPR and the French Data Protection Act, every person has the right of access, rectification, erasure, objection, restriction and portability of the data concerning them. These rights may be exercised with EURL Kaïbana, the data controller, via the contact page or by post to the registered office, accompanied where appropriate by proof of identity in the event of reasonable doubt as to the requester’s identity. A reply is provided within one month (art. 12 GDPR). Every person also has the right to lodge a complaint with the CNIL (the French data protection authority).

Data and processing security (art. 32 GDPR)

www.villakaibana.fr is a static site hosted by Cloudflare, Inc. (Cloudflare Pages) and served entirely over HTTPS (HSTS enabled). No password or banking data is entered or stored on the site. Booking data is processed and hosted by Lodgify (Codebay Solutions Limited); payments are processed by Stripe Payments Europe Ltd. via Lodgify Payments, on secure pages belonging to Stripe. Details of the processors, transfers outside the European Union and retention periods are set out in our privacy policy.

Data breaches and notification within 72h (art. 33 and art. 34 GDPR)

In the event of a personal data breach, EURL Kaïbana and its processors notify the CNIL within seventy-two (72) hours of becoming aware of it and, where the breach is likely to result in a high risk to the rights and freedoms of the individuals concerned, inform those individuals as soon as possible.

7. Hyperlinks and cookies.

The site www.villakaibana.fr contains a number of hyperlinks to other sites, set up with the authorisation of EURL Kaïbana. However, EURL Kaïbana is not able to verify the content of the sites thus visited and will therefore accept no responsibility in this regard.

Browsing the site www.villakaibana.fr may cause cookie(s) to be installed on the user’s computer. A cookie is a small file that does not allow the user to be identified but records information relating to a computer’s browsing on a site. The data thus obtained is intended to facilitate subsequent browsing on the site and is also designed to enable various traffic measurements.

Refusing to install a cookie may make it impossible to access certain services. Users can, however, configure their computer as follows to refuse the installation of cookies:

Internet Explorer: Tools tab (cog-shaped icon at the top right) / Internet options. Click on Privacy and choose Block all cookies. Confirm with OK.

Firefox: at the top of the browser window, click the Firefox button, then go to Options. Click the Privacy tab.
Set the History rules to: use custom settings for history. Finally, untick the box to disable cookies.

Safari: Click at the top right of the browser on the menu icon (a cog). Select Settings. Click Show advanced settings. In the “Privacy” section, click Content settings. In the “Cookies” section, you can block cookies.

Chrome: Click at the top right of the browser on the menu icon (three horizontal lines). Select Settings. Click Show advanced settings. In the “Privacy” section, click Preferences. In the “Privacy” tab, you can block cookies.

8. Applicable law and jurisdiction.

Any dispute relating to the use of the site www.villakaibana.fr is subject to French law. Exclusive jurisdiction is granted to the competent courts of Fort-de-France.

9. Main applicable laws.

Law no. 78-17 of 6 January 1978, as notably amended by Law no. 2004-801 of 6 August 2004 on data processing, data files and individual liberties.

Law no. 2004-575 of 21 June 2004 on confidence in the digital economy.

10. Glossary.

User: an internet user connecting to and using the aforementioned site.

Personal information: “information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of Law no. 78-17 of 6 January 1978).

Translation

This English version is a translation of the French CGV and CGU, provided for the convenience of English-speaking guests. In case of any inconsistency between this translation and the French text, the French text prevails.