ToU

We encourage you to read these Terms of Use carefully as they contain important information regarding your legal rights, obligations and remedies. 

By accessing or using the OISANS TOURISME website, you agree to be bound by these General Conditions of Use and to comply with them. 

Definitions:

“Announcements”: means the advertisements present on the Site to present the accommodations offered by the Hosts registered on the Site.

" Content " : means all texts, photos, videos, audio elements, files, documents or any other element present on the Site.

" Providers " : means the natural or legal persons offering services on the Site, such as accommodation, catering, activities, services, etc.

" Reservation " : means the reservation made via the Site by the User with a Service Provider, for a stay, or with Restaurateurs

" Service " : designates the connection service offered by OISANS TOURISME via the Site.

" Site " : means the website accessible at the address https://www.oisans.com/

“Users”: means natural or legal persons accessing the Site, whether or not they decide to make a Reservation.

Article 1: General provisions and acceptance of the general conditions of use

1.1 The Site offered and operated by OISANS TOURISME, a local public establishment of an industrial and commercial nature registered under number 514 717 990, whose head office is located at 1 B rue Humbert – 38520 LE BOURG D'OISANS, represented by its President in office, duly authorized for the purposes hereof, (hereinafter “OISANS TOURISME”), aims to allow Users, domiciled in France or abroad, to benefit from the Service and thus make a Reservation.

1.2 These General Terms and Conditions of Use (hereinafter referred to as "GTC") govern access to and use of the Site by Users. The GTC represent a legally binding agreement that binds the User to OISANS TOURISME and governs access to and use of the Site.

1.3 Any navigation on the Site entails acceptance of the T&Cs. In any event, the User may not make a Reservation without accepting these T&Cs.

1.4 OISANS TOURISME reserves the right to modify the T&Cs at its discretion, the applicable T&Cs being those accepted by the User when making their Reservation.

Article 2: Access and availability of the Site

2.1 Access to the Site is via a computer, tablet, mobile phone or any computer equipment allowing access to the Internet.

OISANS TOURISME makes its best efforts to ensure the availability of the Site. However, the User is informed that the availability of the Site is subject to a simple obligation of means and he declares to accept the characteristics and the limits of the internet and recognizes in particular:

be aware that the performance of the Site depends on the type of connection chosen and the level of demand on the computer servers on which the Site is hosted, it being understood that the connection to the Site can only be made via an internet connection;

be aware of the nature of the Internet network and in particular its technical performance and response times for consulting, querying or transferring information or content;

• that it is his responsibility to take all appropriate measures to protect his own data and/or equipment from contamination by possible computer viruses or attempted intrusions likely to harm the proper functioning or damage computer equipment;
• that the Site may not be accessible depending on the medium and/or equipment used by the User;
• that certain links accessible on the Site may not be available in the event of unavailability of the pages and/or websites to which the links refer.

Consequently, OISANS TOURISME cannot be held responsible in any way, in particular for difficulties or slowdowns in accessing the Site, the non-delivery of messages, the non-publication of alerts, etc.

2.2 OISANS TOURISME reserves the right to modify or interrupt, temporarily or permanently, accessibility to the Site, in particular but not limited to for reasons of maintenance, updates or improvements or to develop its content and/or presentation, without notice or compensation of any kind.

2.3 The Site may contain links to third-party websites or resources, which may be subject to terms of service (GTC, CGS, CGU, etc.) and personal data protection practices different from those of OISANS TOURISME.

OISANS TOURISME cannot be held responsible for the availability or accuracy of these third-party websites or resources, or the content, products or services available from them, and links to these third-party websites and resources cannot be interpreted as an endorsement by OISANS TOURISME.

Article 3: Intellectual property

3.1 The Site, its Content and its functionalities are protected by intellectual and/or industrial property rights belonging to OISANS TOURISME or for which it has a right of use.

3.2 The use of all or part of the Site and/or the Reservation request does not entail any transfer of these rights to the User. The User is only granted, for the entire duration of his connection, a non-exclusive, free, revocable and non-transferable license to use the Site within the limits of what is expressly provided for in these T&Cs.

Any reproduction of the Content, even partial, is subject to the prior written authorization of OISANS TOURISME.

3.3 The User undertakes not to reproduce any of the elements of the Site and the Content. Any contrary use of all or part of the Site, any of its elements or the Content would constitute an infringement likely to result in civil and/or criminal proceedings and expose the offending User to the applicable penalties.

3.4 The User shall refrain from any action and/or any act that could directly or indirectly infringe these rights and from using the technology or know-how of the Site for commercial purposes to create a website or a computer application of any nature whatsoever and/or offer similar services or services that could compete with OISANS TOURISME.

Article 4: Guarantees – Liability

4.1 Guarantees – Liability of OISANS TOURISME

4.1.1 The Site is made available to the User by OISANS TOURISME as is. Consequently, OISANS TOURISME does not grant any guarantee of any kind and does not guarantee in particular that:

• the Site will operate without interruption, within the time limits set;
• access to the Site will not be interrupted and that it is secure or error-free;
• the Site meets the User's requirements and/or expectations.

No information that may emanate from OISANS TOURISME in the context of the use of the Site by the User may be considered as the granting of a guarantee.

4.1.2 OISANS TOURISME cannot be held responsible for direct or indirect damage, losses or costs of any nature whatsoever, resulting from the use of the Site, or the inability to use it, or from a malfunction, an interruption due to maintenance, technical failure or linked to an interruption of access to the Internet or for any other cause, a virus, or a line or system problem and more generally any damage resulting from the use of the Site.

4.1.3 Furthermore, OISANS TOURISME cannot be held liable to the User for:

• of the violation of third party rights by Users;
• of the usurpation of the identity of a User and/or a third party by a User;
• the User's inability to keep the information communicated in the context of using the Site secure and confidential;
• of any content inserted in messages sent through the Site.

4.2 Guarantees – Responsibilities of the User

4.2.1 In general, the User undertakes to comply with all of these T&Cs as well as applicable laws and regulations.

4.2.2 The User undertakes to:

• not to use the Site for illicit purposes;
• respect the image and reputation of OISANS TOURISME;
• not to impersonate a third party or another User and/or a third party;
• not to modify or alter all or part of the Site and/or restrict its use in any way;
• not falsify any mention or element of the Site;
• not to distribute or attempt to distribute computer viruses or any other harmful element through the Site;
• respect the rights of third parties and in particular not to use, reproduce, copy, distribute, modify, represent or disseminate a text, photograph or any other protected element or work likely to be covered by copyright, trademark law or any other intellectual property right belonging to third parties;
• not to enter the computer system of OISANS TOURISME and/or the host of the Site;
• not to alter the content of the Site or commit any of the offences punishable by Articles 323-1 to 323-7 of the French Penal Code (“hacking”), not to send a large number of unsolicited messages to OISANS TOURSIME mailboxes (“spamming”), a practice punishable by Article 226-18 of the French Penal Code;
• not to suck up the content of the Site, in particular using automated programs;
• not to transmit funds of illegal origin or provenance via the Site and the payment system made available;
• not to transmit via the Site, and in particular via the contact form, any content of any nature whatsoever (file, comment, video, audio recording, etc.) that is illegal and/or harmful to third parties, and in particular any content that is offensive, racist, sexist, xenophobic, pedophile, etc.

Failing this, OISANS TOURISME reserves the right to incur the criminal and/or civil liability of the offending Users.

Article 5: Reporting of Illegal Content

In accordance with the applicable legislative and regulatory provisions, OISANS TOURISME allows Users to report illegal content (particularly in the event of infringement of intellectual property rights or in the event of violation of legal and/or regulatory provisions).

To do this, Users must contact OISANS TOURISME via the form Contact.
by mentioning all of the following information:

• the date of notification;
• his/her name, first name and email;
• the description of the disputed facts and their precise location (pages);
• the reasons why the content should be removed, including a reference to the legal provisions and factual justifications.

Article 6: Scope of the Service

6.1 The Site allows Users to make Reservations with Service Providers, as mentioned on the Site.

6.2 As the provider of the Site, OISANS TOURISME is not the owner and does not create, sell, resell, provide, control, manage or offer any tourist services, these services being carried out solely by the Service Providers.

OISANS TOURISME only makes the Site available so that (i) Service Providers can offer their services and (ii) Users can benefit from a grouped offer of services in the Oisans region.

OISANS TOURISME is not responsible for the services, benefits and tourist offers proposed by the Service Providers, whether in the context of the content of the Advertisements, the reality of the services and benefits offered, or in the quality of the services and benefits actually provided.

In the event of damage suffered by the User due to a Service Provider as a result of a Reservation, OISANS TOURISME cannot be held liable, the User being invited by OISANS TOURISME to hold the defaulting Service Provider liable.

It is therefore up to the User to obtain, prior to the Reservation, all necessary information concerning the Service Provider, its services and benefits.

These provisions apply both to simple Reservations and to stays offered by OISANS TOURISME.

As such, OISANS TOURISME cannot be held liable for the quality, availability or feasibility of the stays offered on the Site, these being simply proposals made by OISANS TOURISME.

6.3 OISANS TOURISME does not receive any commission on Reservations made via the Site.

6.4 OISANS TOURISME undertakes to do everything possible to ensure that the services offered on the Site are of the best possible quality for Users who wish to make a Reservation.

In this respect, OISANS TOURISME makes every effort to offer:

• a constantly renewed and up-to-date offer,
• transparency: the User must have clear access to all useful information for preparing their stay (availability, location, prices, customer reviews, direct contact with the offer providers, etc.).

6.5 However, and taking these elements into account, OISANS TOURSIME does not control or guarantee:

• the quality of the services provided by the Service Providers,
• the adequacy between the Advertisements and the services actually provided by the Service Providers.

Furthermore, OISANS TOURISME does not provide any guarantee concerning the compliance by the Service Providers with the legal, regulatory, contractual or any other provisions applicable to their activities, in particular but not limited to mountain activities.

6.6 In the event of a Reservation being made, the User may be contacted by OISANS TOURISME so that he can give his opinion on the stay taken, once it has ended.

The User will receive an email to this effect at the email address provided when making their Reservation.

The review left is visible to OISANS TOURISME and to the Service Provider.

OISANS TOURISME also reserves the right to publish or not the User's opinion on the Site, which the User acknowledges and accepts.

Also, the User acknowledges being fully informed that the customer reviews published on the Site and concerning a Service Provider have been published at the discretion of OISANS TOURISME and in no way reflect all of the reviews issued by the various Users.

Article 7: Reservations

7.1 Subject to the provisions of Article 7.3 below, when a User makes a Reservation via the Site, he/she enters into a contract with the Service Provider he/she has chosen, OISANS TOURISME neither being nor becoming a party to said contract.

In this respect, OISANS TOURISME already informs Users that in order to make a Reservation with a Service Provider, they must accept its general terms and conditions of sale in order to validate the Reservation, OISANS TOURISME being totally unaware of the content of said general terms and conditions of sale and Users remaining at their discretion in their choice to accept them or not.

OISANS TOURISME does not guarantee in any way the conformity of the general conditions of sale of the Service Providers, as well as the services they offer and the conditions of performance of these services, with the applicable legal and regulatory provisions, in particular in matters of consumer law, and its liability cannot be incurred in this regard.

7.2 When a User wishes to make a Reservation, he/she must go to the dedicated page. All applicable fees will be indicated before booking.

7.3 Reservations made by Users may be of two types depending on whether:

• the Service Provider offers an online payment method: in this case, the User must pay the price of their Reservation online and their Reservation will be confirmed.
• Upon receipt of confirmation of the Reservation sent by OISANS TOURISME, a legally binding agreement is established between the User and the Service Provider, in accordance with the provisions of Article 7.1 above.
• The Service Provider does not offer an online payment method: in this case, the User will only be able to make a reservation request which must be confirmed by the Service Provider, who may refuse it in particular for reasons of availability.
• In this case of refusal, OISANS TOURISME cannot be held liable.
• If the reservation request is accepted by the Service Provider, a legally binding agreement is established between the User and the Service Provider, in accordance with the provisions of Article 7.1 above.

In any event, OISANS TOURISME is a third party to any agreement concluded between the User and the Service Provider and no request for reimbursement, compensation or other relating to the relationship between the User and the Service Provider may be made against OISANS TOURISME.

7.4 OISANS TOURISME does not under any circumstances manage requests for cancellation, modification, reimbursement or other between the User and the Service Provider.

Article 8: Protection of Personal Data – Cookies

As part of the execution of its activities and to carry out all of its services and the monitoring of the commercial relationship, OISANS TOURISME is required to collect a certain amount of personal data from Users, in particular when making contact, when registering for the Newsletter, or when making reservations via the Site. This data is necessary for OISANS TOURISME for the proper execution of all of its services.

OISANS TOURISME acts in this capacity as Data Controller and is therefore responsible for compliance with the obligations arising from European Regulation No. 2016/679 known as the General Data Protection Regulation (GDPR) concerning the collection and processing of personal data carried out on your behalf. 

OISANS TOURISME implements all technical and organizational measures necessary to protect the personal data of Users processed.

For further information and for any request concerning the data processing carried out, the User can consult the Data protection policy  accessible at the following address below or contact the DPO of OISANS TOURISME at the following address: ppgad@pucrs.br 

8.2 The Site may ask the User to accept cookies for statistical and display purposes. A cookie is a piece of information placed on the User's hard drive by the server of the site visited. It contains several data that are stored on the computer in a simple text file that a server accesses to read and save information. Some parts of the Site cannot be functional without the acceptance of cookies.

The User can access the Cookie Policy implemented by OISANS TOURISME via the following hyperlink: Edit my cookies

Article 9: Liability

9.1 OISANS TOURISME may be held liable under the legal and applicable provisions in the event of intentional and serious misconduct committed by OISANS TOURISME, and in the event of breaches of its essential contractual obligations.

The liability of OISANS TOURISME is limited to foreseeable and typical damages that may occur.

Any further liability is excluded.

9.2 To the extent permitted by applicable law and regulations, Users shall indemnify OISANS TOURISME against any liability for any claim, liability, damage, loss and expense, including legal fees within a reasonable amount, arising in any way from non-compliance with these T&Cs, improper use of the Site and any violation of any law, regulation or third-party rights causing harm to OISANS TOURISME.

Article 10: Applicable law

These T&Cs and the operations resulting from them are governed by and subject to French law.

The Contract is written in French. In the event that it is translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

Article 11: Disputes

11.1 ALL DISPUTES ARISING UNDER THESE GENERAL TERMS AND CONDITIONS OF USE MAY ARISE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND FOLLOW-UPS AND WHICH CANNOT BE RESOLVED BETWEEN OISANS TOURISME AND THE USER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.

11.2 The User is informed that he/she may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L.612-1 of the Consumer Code) or with existing sectoral mediation bodies, the references of which appear on the Site or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

11.3 The European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase in order to then forward them to the competent national mediators.

This platform is accessible via the following link:
http://ec.europa.eu/consumers/odr/

OISANS TOURISME is however not obliged and does not undertake to use an alternative dispute resolution method to resolve any dispute with Users.

Article 12: General provisions

12.1 These T&Cs, as well as any additional conditions, policies and legal notices that supplement them, constitute the entirety of the contractual documents governing the relations between Users and OISANS TOURISME concerning access to and use of the Site.

12.2 If any provision of these T&Cs is found to be null, invalid or unenforceable, such provision shall be deemed to be severed without affecting the validity and enforceability of the remaining provisions.