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Personal data protection policy

Definitions

Client: any professional or natural person capable within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, visiting the website subject to these general terms and conditions.

Content: All elements constituting the information present on the site, notably text – images – videos.

Client Information: Hereinafter referred to as "Information" which corresponds to all personal data that may be held by L'Agenza for the management of your account, customer relationship management, and for analysis and statistics purposes.

User: Internet user connecting to and using the aforementioned website.

Personal Information: "Information which allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies" (Article 4 of Law No. 78-17 of January 6, 1978).

The terms "personal data", "data subject", "processor", and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1 Website presentation.

Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, the identity of the various stakeholders involved in the creation and monitoring of the online booking system Resamare is specified to users:
Owner: SARL L'Agenza – Immeuble le Forum 7 rue Saint-Exupéry 20600 Bastia
Publication manager: SARL L'Agenza
Webmaster: SARL L'Agenza
Host: OVH – 2 rue Kellermann 59100 Roubaix 1007

2 General terms of use of the site and services offered.

This web application constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The client may not reuse, transfer or exploit for their own account all or part of the elements or works of the site.
Use of the Resamare web application implies full acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the site are invited to consult them regularly.
This website is normally accessible at any time to users. However, an interruption for technical maintenance may be decided by L'Agenza. The Resamare web application is regularly updated by the manager. Likewise, the legal notice may be modified at any time: it applies nonetheless to the user, who is invited to refer to it as often as possible to be aware of it.

3 Description of services provided.

The Resamare web application is intended to provide an online booking system allowing client registration, payment, and booking to a third-party company on that company’s website. L'Agenza strives to provide information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, or failure to update, whether of its own doing or of the third-party partners providing the information.
All information on the site is indicative only and may evolve. Furthermore, the information on the site is not exhaustive and is subject to changes since it was put online.

4 Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held liable for material or software damage related to the use of the site. Additionally, the user agrees to access the site using virus-free equipment and an updated, latest-generation browser. The Resamare application is hosted by a provider within the European Union in accordance with GDPR (No. 2016-679).
The goal is to provide a service ensuring the highest accessibility rate. The host ensures continuity of service 24/7. It may, however, interrupt service for the shortest possible periods, notably for maintenance, infrastructure upgrades, failures, or abnormal traffic.
L'Agenza and the host cannot be held liable in case of malfunction of the Internet network, phone lines, or hardware/software resulting notably from network congestion preventing access to the server.

5 Intellectual property and counterfeiting.

L'Agenza owns the intellectual property rights and holds the usage rights over all elements accessible on the online booking platform. Any reproduction, representation, modification, publication, or adaptation of all or part of the site elements, regardless of the means or process used, is prohibited, unless prior written permission is granted by SARL L'Agenza.
Unauthorized use of the site or any element it contains will be considered counterfeiting and prosecuted in accordance with Articles L.335-2 and following of the Intellectual Property Code.

6 Liability limitations.

L'Agenza acts as the publisher of this web application and is responsible for the quality and accuracy of the content it publishes.
L'Agenza cannot be held liable for direct or indirect damage caused to the user's hardware during access to the site using the Resamare system, whether resulting from using non-compliant hardware as described in point 4, or from the occurrence of a bug or incompatibility.

7 Electronic messaging

The client is informed of regulations regarding marketing communication, the Law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the GDPR (No. 2016-679).

7.1 Purpose of processing

The contact data you provide via email is recorded for communication and prospecting purposes. It is collected in the interest of the company using the Resamare system to be able to contact and inform you, and will never be sold.

7.2 Data and retention period

Contact information is retained for three years from your last contact with the company unless still needed for legal compliance.

7.3 Rights of access, rectification, and objection

In accordance with current European regulations, users of the Resamare system have the following rights:

– Right of access: request info about the processing of your data and receive a copy.
– Right of rectification: correct inaccurate or incomplete data.
– Right to erasure: request deletion of data when conditions are met (e.g., withdrawal of consent).
– Right to object: object to data processing based on your specific situation, including for marketing purposes.
– Right to data portability: receive data in a usable format, applicable to data provided or generated through service usage.
– Right to restriction: request suspension of processing if specific conditions are met.

You can exercise your rights by contacting SARL L'AGENZA via registered mail at:
SARL L'AGENZA
10 Avenue Paul Giacobbi
20600 Bastia

You must specify which Personal Data you want L'Agenza to correct, update, or delete, along with identification (ID or passport).
L'Agenza has one month from receipt to respond.
Requests for data deletion are subject to legal retention requirements. Users can also lodge complaints with authorities such as the CNIL (https://www.cnil.fr/en/plaintes).

7.4 Non-disclosure of personal data

L'Agenza will not process, host, or transfer client data outside the EU or to countries deemed “inadequate” without informing the client. However, L'Agenza is free to choose subcontractors who meet GDPR standards.
L'Agenza commits to protecting data from unauthorized access. If a breach occurs, L'Agenza will inform the client promptly and communicate corrective actions.
Data may be processed by L'Agenza affiliates or subcontractors only for the purposes outlined.
Access to personal data is limited to customer service staff and authorized personnel.

8 Incident Notification

Despite best efforts, no internet or electronic storage method is 100% secure. We cannot guarantee absolute security. Our incident notification procedures follow legal obligations at national and European levels. We commit to fully informing clients about security issues and help them fulfill their legal obligations.
No personal data is published, exchanged, transferred, or sold without the user's knowledge. Only in case of L'Agenza being acquired may this information be transferred to the acquirer, who will be bound by the same data obligations.

9 Security

To ensure security and confidentiality of personal data, Resamare uses standard protections like firewalls, pseudonymization, encryption, and passwords.
During processing of personal data, L'Agenza takes reasonable measures to protect against loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9.1 Hyperlinks

The site using the Resamare system contains links to other websites. However, L'Agenza has no control over the content of those sites and assumes no responsibility for them.

9.2 “COOKIES”

A "cookie" is a small file sent to the user's browser and stored on their device (e.g., computer, smartphone). It includes information like the user's domain name, ISP, OS, and access time. Cookies will not damage the device.
L'Agenza may process data about your visit (pages viewed, searches) to improve site content and navigation.
Users can configure their browsers to accept or refuse cookies, either systematically or by source. Refusing cookies may limit functionality.
L'Agenza disclaims responsibility for degraded site functionality caused by user rejection of cookies or inability to save necessary cookies.
Cookie management differs per browser, and users may change preferences at any time.

10 Applicable law and jurisdiction.

Any dispute related to the use of the website using the Resamare booking system is subject to French law. Unless otherwise prohibited by law, exclusive jurisdiction is granted to the competent courts of Melun.

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By checking this box, you agree to our terms and conditions.

You must accept the terms and conditions of sale to continue

General Terms and Conditions of Sale of Société Maritime Sanaryenne

ARTICLE 1: Application of the General Terms and Conditions of Sale

These terms and conditions of sale are entered into, on the one hand, by the company SOCIETE MARITIME SANARYENNE, whose registered office is located at the 4 allée du Capricorne, 13080 Aix-en-Provence, registered in the Aix-en-Provence Trade and Companies Register under number RCS Aix-en-Provence B 405 109 125, hereinafter referred to as 'SOCIETE MARITIME SANARYENNE', and on the other hand, by any tourism professional or individual represented by a natural or legal person, hereinafter referred to as 'the buyer', wishing to place an order or reservation, for a 'customer' or for themselves, via the website www.croixdusud5.com of 'SOCIETE MARITIME SANARYENNE'.

These conditions of sale are also concluded by the same company SOCIETE MARITIME SANARYENNE called 'SOCIETE MARITIME SANARYENNE' and on the other hand by any professional or individual represented by a natural or legal person, hereinafter referred to as 'the buyer', wishing to place an order or reservation by post or email, for a 'customer' or for himself.

Consequently, booking a cruise, either through the SOCIETE MARITIME SANARYENNE website or by email, implies the buyer's and customer's full and unreserved acceptance of these Terms and Conditions, to the exclusion of all other documents such as brochures, catalogs, or websites issued by the carrier SOCIETE MARITIME SANARYENNE, which are for informational purposes only. No special conditions may, unless formally accepted in writing by the carrier SOCIETE MARITIME SANARYENNE, prevail over these Terms and Conditions. The fact that the carrier SOCIETE MARITIME SANARYENNE does not, at that given time, enforce any of these Terms and Conditions shall not be construed as a waiver of the right to enforce any of said conditions at a later date.

SOCIETE MARITIME SANARYENNE reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order or reservation by the buyer or customer.

ARTICLE 2: Characteristics of the Services Offered

The services offered are those listed in the brochures published on the SOCIETE MARITIME SANARYENNE website and in the printed brochures made available to professionals, individuals, and customers at all our points of sale and at all affiliated retailers.
These services are offered subject to availability.

The photographs in the brochures or on the website are as accurate as possible but cannot guarantee a perfect similarity with the services offered, particularly with regard to colors and the exact angle of the shots.

ARTICLE 3: Conditions for Cruise Modifications

3.1- At the initiative of SOCIETE MARITIME SANARYENNE:

The customer is not entitled to any compensation:

in the event of a change of itinerary due to unforeseen events or compelling circumstances that only the carrier SOCIETE MARITIME SANARYENNE can assess, including rescuing a ship or swimmer in difficulty, strikes, demonstrations, economic events, and circumstances that could affect customer safety.
in the event of changes to the program content that may occur due to adverse weather conditions.

3.2-At the customer's initiative:

Any trip interrupted or shortened, any change to the initial reservation, or any service not used by the customer, for any reason whatsoever, will not be refunded.

ARTICLE 4: Prices

The prices listed in the brochures and on the SOCIETE MARITIME SANARYENNE website are inclusive of VAT in euros, taking into account the VAT applicable on the date of the order. Any change in the rate may be reflected in the price of products or services.

SOCIETE MARITIME SANARYENNE reserves the right to modify its prices at any time, provided, however, that the price listed on the order form issued to the buyer on the date of the order will be the only price applicable to the buyer. The prices indicated include order processing fees, round-trip transportation, and catering services if included in the cruise ordered by the buyer. However, they do not include snack/bar service, which is an additional charge, with the exception of the 'aperitif and sunset' product.

If a quote is to be provided to a private professional buyer or client, the price will be communicated to them when the quote is sent or when the reservation is made. This price would be the overall price of the service provided by the carrier SOCIETE MARITIME SANARYENNE.

ARTICLE 5: Rights and Obligations of the Carrier SOCIETE MARITIME SANARYENNE

5.1- Obligations of the Carrier SOCIETE MARITIME SANARYENNE:

The carrier SOCIETE MARITIME SANARYENNE, which receives the reservation for a customer via the buyer, undertakes to be liable for any breach of any of these obligations, which it is required to fulfill diligently, particularly ensuring the safety of the customers. It is responsible for the proper execution of the cruise, except in cases of force majeure, unforeseen circumstances, or acts of third parties unrelated to the provision of the services provided for in the contract. It undertakes to equip the boat in a seaworthy condition and to insure the boat and its crew against navigational risks at its own expense.

5.2- Liability Limitation Clauses:

The carrier, SOCIETE MARITIME SANARYENNE, disclaims all liability for the loss, damage, or theft of customer belongings during the trip.

ARTICLE 6: Customer Rights and Obligations

The customer agrees not to carry any additional persons or alcoholic beverages on board, and not to carry any goods prohibited by law, including weapons and narcotics.

ARTICLE 7: Booking and Payment Terms

7.1- Booking via the website:

A buyer wishing to purchase a service (cruise) must:

Complete the 'Customer Information' form, providing all requested contact information.
Complete the online booking form, specifying the number of customers according to the category and the chosen cruise.
Confirm the reservation after reviewing it.
Request payment of the balance from the customer under the conditions stipulated on the booking coupon, printed or emailed by the buyer and given to the customer, which will serve as booking confirmation and must be provided before the customer embarks on the CROIX DU SUD V, provided that the customer has paid the amount due to SOCIETE MARITIME SANARYENNE before embarking. A ticket given by the buyer to the customer also serves as booking confirmation under certain conditions (partners authorized to sell cruises).
Confirmation of the reservation implies acceptance of these terms and conditions of sale, acknowledgment of full knowledge of them, and a waiver of the right to rely on one's own booking conditions or other conditions. All data provided and the recorded and printed confirmation will constitute proof of the transaction. Confirmation will constitute signature and acceptance of the transactions carried out.

7.2- Reservation by email:

After acceptance of the quote by the buyer or professional client, the latter must comply with the following payment conditions:

30% deposit at the time of booking
Balance upon boarding or on invoice after departure

7.3- Default of payment:

Failure to pay the above-mentioned due date will automatically result in the cancellation of the service (cruise).

ARTICLE 8: Cruise Cancellation Conditions

8.1- Cancellation at the initiative of the carrier SOCIETE MARITIME SANARYENNE:

The cruise is subject to a minimum number of guests. If this minimum number is not reached at least 12 hours before departure, the cruise will be automatically canceled. The customer will receive an immediate refund of all amounts paid* via the buyer who booked the cruise, or the customer will be able to postpone their cruise to a later date. The minimum number of guests depends on the type of cruise.

Excursions may be canceled without notice due to adverse weather conditions or technical issues. In this case, the excursion will either be postponed or fully refunded*.

*In the case of reservations using a gift voucher or gift card, the voucher, as stated at the time of purchase, will not be refundable. However, it may exceptionally be extended upon request.

8.2- Cancellation initiated by the buyer or customer:

In the event of cancellation by the buyer or customer not covered by their insurance, the carrier SOCIETE MARITIME SANARYENNE will retain a portion of the amounts already paid as a penalty against the buyer or customer. The amount of the penalty will be determined based on the cancellation date of the trip:

More than 3 months before departure: 25% of the price
Less than 3 months and more than 40 days before departure: 50% of the price
Less than 40 days before departure: 100% of the price

ARTICLE 9: Warranty

SOCIETE MARITIME SANARYENNE, in the online booking process, is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruptions, or other unintentional problems.

ARTICLE 10: Intellectual Property

All elements of the SOCIETE MARITIME SANARYENNE website are and remain the exclusive intellectual property of SOCIETE MARITIME SANARYENNE. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the website, whether software, visual, or audio. Any simple or hyperlink is strictly prohibited without the express written consent of SOCIETE MARITIME SANARYENNE.

ARTICLE 11: Personal Data

In accordance with the French Data Protection Act of January 6, 1978, personal information relating to buyers may be subject to automated processing. SOCIETE MARITIME SANARYENNE reserves the right to collect information about buyers and customers, including through the use of cookies, and, if it so wishes, to share the collected information with business partners. Customers may object to the disclosure of their contact information by notifying SOCIETE MARITIME SANARYENNE. Similarly, users have the right to access and rectify their personal data, in accordance with the French Data Protection Act of January 6, 1978. The automated processing of information, including the management of website users' email addresses, was declared to the CNIL on March 10, 2008, registered under number 1281857.

ARTICLE 12: Archiving – Proof

SOCIETE MARITIME SANARYENNE will archive booking coupons and (professional) invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the French Civil Code. The computerized records of SOCIETE MARITIME SANARYENNE will be considered by the parties as proof of communications, bookings, payments, and transactions between the parties.

ARTICLE 13: Dispute Resolution, Jurisdiction Clause

These online booking conditions are subject to French law. The courts of TOULON shall have exclusive jurisdiction in the event of any dispute of any nature or contestation relating to the formation or execution of the booking. This clause applies even in the event of summary proceedings, incidental claims, or multiple defendants, and regardless of the method and terms of payment.

Société Maritime Sanaryenne

SIRET : 40510912500030

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