General conditions of use – MY BEA
Article 1: object
The purpose of this application, made available by the company MY BEA and its partners, is to connect hotel or bathing establishments (for example, beaches, hotels, swimming pools, together referred to as “Beaches”) and their users, non-professional buyers. (Hereinafter referred to as the “Users” or the “Customer”) to order products and services, to pay for them, to communicate with the Beaches.
These establishments can thus offer their deckchairs for reservation.
Users of the application can make a reservation at these establishments. Beach bars can also offer their cards to users of the application, and they can place orders and make payments through this application.
These General Conditions of Use (the “T & Cs”) define the conditions under which the MY BEA company makes the technological tools available to Customers allowing them to book, order services and consumption, through the application. MY BEA. By this contract, the MY BEA company grants the User a non-exclusive and non-transferable right of use of the MY BEA Software.
MY BEA is not the seller of the Products, nor the provider of the services offered.
The T & Cs supplement the General Conditions of Sale or of the provision of services which govern the orders made between Users and the Beaches through MY BEA and are accepted by the Customer to use the services of MY BEA.
ARTICLE 2 – Scope
These T & Cs apply without restriction or reservation to the use of the services and technological tools made available to Customers by MY BEA.
These T & Cs are accessible at any time on the MY BEA application and will prevail, where applicable, over any other version or any other contradictory document.
These T & Cs may be subject to subsequent modifications, the version applicable to the Customer’s order or reservation is the one in force on the date of the contract.
ARTICLE 3 – Services offered by MY BEA
Access to MY BEA is strictly reserved for non-professional Clients acting in a private capacity, which the Client declares and acknowledges when using the MY BEA services, also committing to carry out in good faith, all orders made with the Beaches through the MY BEA application.
The use of MY BEA is free for Customers (excluding any connection costs billed by the operator) and without obligation to purchase.
Only the purchase of Products or the order for a service at the Beaches is chargeable, according to the conditions provided for in the Beach GTC, which the Customer also accepts when placing an order through MY BEA.
All the prices displayed on the MyBea application are indicated per deckchair and per order. They include VAT and all other taxes (subject to change), unless otherwise stated on our app or on the booking confirmation email.
Payment is made either online in a secure manner from your credit / debit card through the means of payment offered by MY BEA, or directly to the establishment or the Hotel in which you are using its own means of regulations and conditions (CB, CASH, CHECK).
ONLINE PAYMENTS VIA THE MYBEA APP AND ITS PARTNER MANGOPAY CANNOT BE LESS THAN 10 € (TEN EUROS).
To use the services of MY BEA, the Customer must accept these T & Cs.
The Customer undertakes to maintain the confidentiality of these codes and refrains from disclosing them to any person whatsoever.
The Customer is solely responsible for the use of these codes and for access to MY BEA, except for proof of fraudulent use which cannot be attributed to him.
Any fraudulent use of these codes of which the Customer becomes aware must be notified immediately in writing to MY BEA or to the Beach.
The User is expressly forbidden to reproduce, permanently or temporarily, the MY BEA Software in whole or in part, by any means and in any form, including on the occasion of loading, display, execution, transmission or storage of the Software.
The User is prohibited from translating, adapting, arranging or modifying the Software, exporting it or merging it with other software.
In the event of non-compliance with these T & Cs by the Customer, MY BEA reserves the right to temporarily or permanently interrupt its access, by suspending or terminating these without notice or compensation.
ARTICLE 4 – Protection of personal data
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer by the company MY BEA are necessary, both to guarantee the access to MY BEA services only for placing and processing orders.
These data are communicated to the Beaches in order to enable them to carry out the execution of the contract and of the Customers’ orders.
They cannot in any case be used for other purposes.
Each Beach only has access to personal data provided by Customers for its products and services ordered through the MY BEA application when placing the order.
MY BEA and Les Plages undertake to ensure the security of the personal data that they keep for the purposes of carrying out and monitoring orders.
The processing of information communicated through the MY BEA application meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.
This right can be exercised via the “contact” section of the application, or by writing, by mail and justifying your identity, to:
ARTICLE 5 – Intellectual property
The content of the MY BEA application is the property of the MY BEA company and its partners and is protected by French and international laws relating to intellectual property.
MY BEA guarantees the Customer that it is the holder either of the economic rights on the Firmware / Software and their Documentation, or of an authorization from the author of the Firmware / Software and that it can therefore freely grant the Customer the right to ‘intended use herein.
The concession of the right to use the Firmware / software does not entail the transfer of property rights to the benefit of the Customer. The software packages / software remain the property of MY BEA or of their author, whatever the form, language, program medium or language used.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
It is prohibited to resell, use, copy, monitor (for example, by web crawler or screenshots), display, download, reproduce or establish deep links to any content or any information, any software and / or any products or services available on our application as part of a business or a commercial or competitive objective
The user is not authorized to copy or reproduce on any media whatsoever, digital or not, the MY BEA brand without the express written permission of the MY BEA company.
The customer undertakes not to access, copy or duplicate the databases of the software packages, nor the MY BEA software packages or distributed by it, except with prior written and express agreement.
The User is expressly prohibited from modifying, improving, editing, translating, decompiling, disassembling or creating one or more derivative work (s) from the Services and in particular from their content, without the prior written consent. by MY BEA
In accordance with the provisions of Law No. 98-536 of July 1, 1998, transposing into the Intellectual Property Code Directive 96/9 / EC of March 11, 1996, concerning the legal protection of databases, MY BEA is producer of its database, accessible on the MY BEA application, and of which it is the sole owner.
By accessing the MY BEA application, the user acknowledges that the data composing it are legally protected and, in accordance with the provisions of the aforementioned law of 1 July 1998, in particular refrains from extracting, reusing, storing, reproducing, representing or keep, directly or indirectly, on any medium, by any means and in any form whatsoever, all or qualitatively or quantitatively substantial part of the application to which the user is accessing as well as extracting it or the repeated and systematic reuse of qualitatively and quantitatively insubstantial parts when these operations clearly exceed the conditions of normal use.
Any illegal use or above-mentioned action will constitute a material violation of intellectual property rights (copyright and database right)
ARTICLE 6 – Responsibilities
It is recalled that the MY BEA company is not the Seller of the Products, nor the provider of the services offered by the Beaches. It can therefore under no circumstances be held responsible for sales made between Customers and the Beaches to which it remains foreign. The Beaches are fully responsible for updating their prices. The Products cannot be returned or exchanged by MY BEA and any dispute relating to a sale transaction carried out through MY BEA must be settled directly between the Customer and the Beaches or Hotel.
MY BEA strives to provide a quality service, but can neither verify nor guarantee the accuracy, precision or completeness of the information, and cannot be held responsible for any error (manifest error or fault typographical), any interruption of service (due to a technical failure, whether temporary and / or partial, breakdown, repair, update, improvement or maintenance of our website or other), any inaccurate, misleading or erroneous information , or any lack of information.
Each establishment remains responsible at all times for the precise, complete and exact nature of the (descriptive) information which concerns it and which is displayed on our application, including its prices and availability.
The MY BEA app does not constitute and should not be construed as any form of recommendation or endorsement of the quality, level of service or rating of each establishment offered to visitors.
Subject to claims based on liability whether of a contractual, tort or quasi-tort nature, the exclusion or limitation of which would be null and void by law, MY BEA’s liability may not be incurred beyond the sum total paid for the provision of services as indicated in the confirmation email, whether it is an isolated event or a series of related events. MY BEA can in no case be held responsible for the operating loss, the interruption of service activity or any other derivative or indirect damage.
MY BEA’s liability is excluded in the event of misuse of the MY BEA application services by the Customer or of fault on his part. It cannot be committed either for acts attributable to a third party.
In accordance with the regulations in force, the responsibility of the MY BEA company cannot be engaged or retained because of the content made available on the MY BEA application, in particular with regard to the description of the Products, unless it does not promptly return them. inaccessible after having been informed of their illegality under the conditions provided for by this law.
The Customer is solely responsible for the use of the services of the MY BEA application, in particular for the assessments he makes on the application, and undertakes to guarantee, at first request, to indemnify and compensate the MY BEA company for any damage, loss, loss of profit, which it could suffer if it were held liable by a third party, due to an action related to this use by the Customer.
By uploading photos / images into the MY BEA application (for example by sending a comment), the user certifies and guarantees to own the copyright of these and accepts that the MyBea company uses them at its discretion on its websites (mobile), apps, tools and promotional publications (online and offline).
The user is the exclusive owner of all intellectual property rights attached to his Photographs.
The user grants to the company MyBea free of charge in a non-exclusive, universal, irrevocable, unconditional manner and for the whole world on his photographs and images uploaded in the MY BEA application a right of use, reproduction, distribution on any digital or unknown or future medium, and in all known or future formats, for all purposes and destinations and in particular for commercial or advertising purposes.
The user expressly and graciously authorizes MY BEA to transfer his Photos to any third party of his choice.
These rights are granted to MY BEA for the entire legal term of protection of copyright and its beneficiaries, including any extension that may be granted to the user in his capacity as author of the Photos.
By uploading these photographs, the person who uploaded them accepts full moral and legal responsibility for all legal complaints made by any third party (including, but not limited to the owners of the deckchairs or beach bars) following the broadcast and the use of these photos / images by MyBea.
The MY BEA company is neither the owner, nor the author, nor does it approve, the photos / images uploaded by the user on the MY BEA application.
The MY BEA company declines all responsibility for the photos / images posted.
The person who downloaded the photos / images ensures that they do not contain any virus, Trojan horse or infected file and are not pornographic, illegal, obscene, insulting, reprehensible or inappropriate and do not infringe rights from any third party (intellectual property rights, copyright and the right to respect for private life). Any photo / image that does not meet the above criteria will not be published and / or may be deleted / deleted at any time by MY BEA without prior notification.
ARTICLE 7 – Partial invalidity
If one or more stipulations hereof are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will retain all their force and all their scope. .
ARTICLE 8 – Cancellation and modification of the reservation
By making a reservation in an establishment, you acknowledge having read and accepted the cancellation, no-show and modification conditions. The general cancellation and no-show conditions are mentioned below and in the booking confirmation email.
Reservations can be canceled, but any cancellation will incur charges.
The costs incurred by a cancellation are classified into two categories:
a) If the cancellation request is made at least 24 hours before the date for which you made your reservation, the charge will be 50% of the total amount of your reservation.
b) Otherwise, the costs incurred by your cancellation will be 100% of the total amount of your reservation.
If you wish to view, modify or cancel your reservation, please refer to the confirmation email and follow the instructions there.
B) Modification of the reservation at the request of the establishment
By booking your deckchair on MY BEA, you have the option of choosing the location of your deckchair. However, for reasons of convenience and optimization of locations, the establishment has the option of changing this location.
MY BEA cannot be held responsible for the locations allocated and no financial compensation can be claimed from MY BEA.
a) if this change of location generates a lower rate than the initial cost, the remainder will be borne by the establishment and reimbursed to the User by the Beach.
b) If this change of location generates a price higher than the initial cost, no additional sum may be required from the User.
ARTICLE 8 – Applicable law
These General Conditions of Use and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 9 – Pre-contractual information – Customer acceptance
The fact for a natural (or legal) person, to order on the MY BEA application implies full and complete acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to invoke any contradictory document which would be unenforceable against the company MY BEA.
9-2 . Identification
Our contact information is as follows:
Website address (www.mybea.fr)
SAS MY BEA
- Joint stock company
- with a capital of 500 € euros
- whose head office is located at 81 rue Pasteur 958430 BUTRY SUR OISE,
- registered in the PONTOISE Trade and Companies Register
- under the number B 848 094 082
- Intra-community VAT number (FR00 848 094 082)
Email address (email@example.com)
ARTICLE 10- Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 11 – Unpredictability
These General Conditions expressly exclude the legal contingency regime provided for in article 1195 of the Civil Code. MY BEA and the user therefore each waive the right to avail themselves of the provisions of article 1195 of the Civil Code and the unforeseen regime provided for therein, committing to assume their obligations even if the contractual balance is upset. by circumstances which were unforeseeable at the time of the conclusion of this agreement.
ARTICLE 12 – Disputes
Any dispute relating to the interpretation and / or execution of these T & Cs comes under French jurisdiction.
Complaints should be sent to the MY BEA application.
It is recalled that any dispute or any complaint concerning the sale, description or delivery of the Products must be settled directly between the Customer and the Seller.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Commission for consumer mediation (article L 612-1 consumer code) or with existing sectoral mediation bodies, and whose references appear on the MY BEA application or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.