General condition of sale
Article 1 - Preamble
Section 1.1. Designation of the seller
Ardenne Rives de Meuse Tourist Office, a public industrial and commercial establishment, registered under Siren number 489273169, whose head office is located at Place du Château, 08320 Vireux-Wallerand.
Phone: +33 3 24 42 92 42
Legal representative : Director Pascal Rodrigues
Mail address : firstname.lastname@example.org
Registration in the register of travel and holiday operators: IM008100007
Gfinancial guarantee: GROUPAMA ASSURANCE CREDIT – 8-10, rue d’Astorg, 75008 PARIS
Professional liability insurer: SMACL ASSURANCES, 141 avenue Salvador Allende, 79031 NIORT Cedex 9
- Bodily injury and material damage resulting from an accidental event caused to customers, service providers or third parties;
- The additional costs borne by the customers, directly attributable to the non-performance or poor performance of the services provided for in the contract as well as the payment of damages corresponding to the damage to the pleasure suffered by the customer;
- Costs incurred by the insured for the sole purpose of limiting or preventing the consequences of this liability;
- Damage caused to luggage and objects entrusted to the custody of the insured.
Hereinafter referred to as "the Tourist Office" or "the Seller"
Article 1.2. Object
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the marketing by the Tourist Office of tourist services provided directly by the Tourist Office or by partner service providers, intended for people with the quality of consumers or non-professionals within the meaning of the consumer code or traveler within the meaning of the tourism code and having the legal capacity to contract (hereinafter referred to as "the Customer(s)").
Article 1.3. Definitions
Customer: natural or legal person having the status of consumer or non-professional within the meaning of the consumer code, or traveler within the meaning of the tourism code, who contracts with the Tourist Office within the framework of these general conditions of sale.
Service: travel service or tourist package within the meaning of Articles L. 211-1 and following of the Tourism Code.
Group: A group must be made up of at least 15 people at the time of the purchase of a Service which is common. The link between the members of the group can be established by an organizing legal person (association, schools, works councils or similar) or by the natural persons who are members of the group.
Online contract: contract entered into as part of the purchase of service(s) on the Tourist Office website.
Distance contract: any contract concluded between a professional and a consumer, within the framework of an organized system of sale or provision of services at a distance, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or several remote communication techniques until the conclusion of the contract, excluding the Tourist Office website.
Durable medium: any instrument allowing the consumer or the professional to store information which is addressed to him personally in order to be able to refer to it later for a period of time adapted to the purposes for which the information is intended and which allows identical reproduction. stored information (article L. 121-16 of the consumer code).
Exceptional and unavoidable circumstances: Any event that creates a situation beyond the control of both the professional and the traveler and the consequences of which could not have been avoided even if all measures had been taken, thus preventing the performance under normal conditions of their obligations. , are considered as grounds for exemption from the obligations of the parties and lead to their suspension.
Article 2 – Content and scope
These general conditions of sale apply automatically to all services sold or offered for sale by the Tourist Office.
They apply to sales made through all distribution and marketing channels.
Any order or purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller and appear on the reservation contract.
The Customer declares to have read these general and special conditions of sale and to have accepted them before booking and concluding the contract.
Article 3 - Pre-contractual information
The Customer acknowledges having had communication, prior to placing his order and/or concluding the contract, in a readable and understandable manner, of these general and specific conditions of sale and of all the information listed in Article L. 221-5 of the consumer code as well as article R. 211-4 of the tourism code.
The Customer further acknowledges having received the form taken pursuant to the decree of March 1, 2018 "setting the model information form for the sale of trips and stays".
Article 4 – Terms of reservation and payment
Section 4.1. Booking methods
Online booking :
The booking steps are as follows:
- Visualization by the Customer of the service he wishes to purchase with its price.
- The Customer clicks on the service in question to consult its details and description, accompanied by a real-time reservation availability calendar.
- The Customer is redirected to the Elloha sales solution.
- The Customer accesses a summary of the order and accepts these T&Cs before confirming it.
- The Customer proceeds to the secure payment of his reservation.
Once the order and the payment has been registered, the Customer receives a confirmation of his order by email.
Reservation at the counter:
The Customer can book his service at the counter. In this case, a member of the Tourist Office will be able to advise the Customer for his reservation.
The Customer can also book services remotely. In this case, a member of the Tourist Office will accompany the Customer in his reservation and according to the service(s) chosen. He sends a written quote to the Customer accompanied by these GCS.
This estimate must be returned signed to the Tourist Office accompanied by payment by the Customer. The reservation is final upon receipt of payment by the Tourist Office.
The full amount of the service is due on the day of booking except for group bookings and cruise bookings, for which a deposit of 30% of the total amount of the booking is due on the day of booking. The rest of the balance is due no later than 30 days after the end of the service.
Section 4.2. Final price and additional taxes
The final price is announced in euros, all taxes included (TTC) per person.
The price includes the elements indicated in the contract.
Unless mentioned in the contract, it does not include pre and post delivery, catering and drinks for cruises, nor personal expenses.
Article 4.3. Payment terms
The Customer guarantees to the Tourist Office that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the contract. The Tourist Office reserves the right to suspend any management of reservations and any execution of services in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment of any sum due. under the contract.
The Tourist Office specifically reserves the right to refuse to honor a reservation from a Customer who has not fully or partially paid for a previous reservation or with whom a payment dispute is in progress.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Tourist Office.
The Customer has several means of payment offering optimal security among the following, depending on the type of service reserved, as indicated in the special conditions of sale:
- by species,
- by credit or private bank card (credit card, Visa card, Mastercard),
- Wire Transfer,
- by bank check,
- by holiday voucher (only for cruises).
Article 5 – Price review
The Tourist Office undertakes to apply the rates in force indicated at the time of booking but reserves the right to unilaterally modify its prices under the conditions set out in this article.
In accordance with Article L. 211-12 of the Tourism Code, the price may thus be modified upwards or downwards after validation of the reservation to take into account the evolution:
- The price of passenger transport resulting from the cost of fuel or other energy sources;
- The level of taxes or charges on the travel services included in the contract, imposed by a third party who is not directly involved in the performance of the contract, including tourist taxes, landing or embarkation and disembarkation taxes in ports and airports; Where
- Exchange rates in relation to the contract.
The possible application of a price increase in application of the preceding paragraph will be notified in a clear and comprehensible manner to the Customer and accompanied by a justification and a calculation, on a durable medium, at the latest twenty days before the start of the benefits.
Conversely, the Customer has the right to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay.
In the event of a price reduction, the organizer or retailer has the right to deduct its actual administrative expenses from the reimbursement due to the traveller. At the request of the traveller, the organizer or the retailer provides proof of these administrative expenses.
If the increase exceeds 8% of the total price of the package or travel service, the traveler can accept the proposed modification, or request the termination of the contract without paying any termination fees and obtain a refund of all payments already made.
Article 6- Reservation deposit Charlemagne Cruises
A deposit of 30% of the sum of your service you will be asked upon receipt of the signed estimate.
In the event of cancellation on your part, the deposit will be kept as compensation for Croisières Charlemagne and its service providers.
Article 7 – Absence of right of withdrawal
Article L. 221-28 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specified date or period. Article L. 221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages.
The Tourist Office avails itself of this lack of right of withdrawal and indicates that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code, the Customer will not have any right of withdrawal.
Article 8 – Modification of the contract
Section 8.1. Modification on the initiative of the Tourist Office
The Tourist Office has the possibility of unilaterally modifying the clauses of the Contract after its conclusion and before the start of the tourist service, and this without the Customer being able to oppose it, provided that the modification is minor and that the Customer is informed as quickly as possible in a clear, understandable and visible manner on a durable medium.
If the Tourist Office is forced to unilaterally modify one of the main characteristics of the contract within the meaning of Article R. 211-4 of the Tourism Code, that it cannot meet the specific requirements agreed with the Client, or in the event price increase of more than 8%, it informs the Customer as soon as possible, in a clear, understandable and apparent manner, on a durable medium: of the proposed modifications and, if applicable, their repercussions on the price of the trip or stay; the reasonable time within which the Client must inform the Tourist Office of the decision he has taken; the consequences of the traveler's failure to respond within the set deadline; if applicable, the other service offered, as well as its price.
When changes to the contract or the replacement service lead to a reduction in the quality of the trip or stay or its cost, the traveler is entitled to an appropriate price reduction.
If the contract is terminated and the Customer does not accept any other service, the Tourist Office will reimburse all payments made by the latter or on its behalf as soon as possible, and no later than fourteen days after termination. of the contract.
Article 8.2 Modification at the initiative of the customer
Any stay shortened or not consumed by the customer, or started late by the customer will not be entitled to any refund.
The Tourist Office undertakes vis-à-vis the customer only for the services sold.
The Tourist Office cannot be held liable:
- any service taken out by the customer other than that invoiced by the Tourist Office;
- any modification of the services at the initiative of the customer.
If the Customer makes a request for modification, this must be expressly accepted in writing by the Tourist Office.
Article 9 – Termination of the contract
Section 9.1. Termination of the contract by the Customer
The Customer has the option of terminating the contract at any time, before the start of the service. For this termination to be valid, he must inform by email preferably registered or by registered mail.
In this case, the Tourist Office will ask the Customer to pay cancellation fees and may withhold all or part of the deposits or the balance already paid, according to the schedule corresponding to the service:
- Cancellation more than 7 days before the start of the service for group reservations: full refund of the deposit paid.
- Cancellation less than 7 days before the start of the service for group bookings: retention of the deposit of 30% by the Tourist Office.
- Cancellation of non-group reservations: withholding of 100% of the amount of the service by the Tourist Office.
The date of cancellation is the date of receipt by the Tourist Office of the Customer's request.
These resolution costs will not be due if the contract is terminated as a result of exceptional and unavoidable circumstances, occurring at the place of destination or in the immediate vicinity of it and having significant consequences on the performance of the contract. In this case, the Tourist Office will proceed to the full refund of the payments made, without however entailing any additional compensation.
Section 9.2. Termination of the contract by the Tourist Office
The Tourist Office has the option of terminating the contract at any time, before the start of the service.
The Customer will be entitled to additional compensation, which corresponds to that which the Tourist Office would have had to bear if the contract had been terminated by the Customer, under article 8.1 of these general conditions of sale.
However, the Tourist Office will not be liable for any additional compensation if the contract is terminated in the following two cases:
1) The number of people registered for the trip or stay is less than the minimum number indicated in the contract. In this case, the Tourist Office notifies the Customer by email or by post of the termination of the contract within the period set by the contract, according to the following schedule
- twenty days before the start of the trip or stay in the case of trips lasting more than six days;
- seven days before the start of the trip or stay in the case of trips lasting from two to six days;
- forty-eight hours before the start of the trip or stay in the case of trips lasting no more than two days;
2) the Tourist Office is prevented from performing the contract due to exceptional and unavoidable circumstances. In this case, the Tourist Office notifies the traveler of the termination of the contract by e-mail or in writing as soon as possible before the start of the trip or stay.
Article 10 – Assignment of the contract
Section 10.1. Possibility for the Customer to assign his contract
The Customer has the option of assigning his contract to an assignee who meets the same conditions as him to carry out the trip or the stay, as long as this contract has not produced any effect.
Section 10.2. Notice to assign the contract
The Customer can only transfer his contract on condition that he informs the Tourist Office of his decision by any means allowing him to obtain an acknowledgment of receipt no later than seven days before the start of the trip. This transfer is not subject, under any circumstances, to the prior authorization of the organizer or the retailer.
Section 10.3. Solidarity between the assignor and the assignee
The assigning customer and the assignee are jointly and severally liable for payment of the balance of the price and any additional costs that the assignment may generate.
Article 11 – Legal guarantee of conformity
Section 11.1. Principle
The Tourist Office is the sole guarantor of the conformity of the services to the contract. The non-professional or consumer Customer has the possibility of making a request under the legal guarantee of conformity provided for in articles L. 217-11 and following of the consumer code and articles 1641 and following of the civil code.
Section 11.2. Implementation of the legal guarantee of conformity
The consumer or non-professional Customer must notify the Tourist Office of any defects and/or lack of conformity as soon as possible from the provision of the services, in accordance with Article L. 211-16 II of the Tourism Code. This communication must be made, with supporting documents, preferably within 7 days of the end of the services, so that the Tourist Office can investigate the problem and assess the reality of the alleged defects in an efficient and in the interests of both parties.
The defects and/or defects found will give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the importance of the non-compliance and the value of the travel services concerned.
In the event of a proposal from the Tourist Office for a replacement service or a price reduction, the traveler may only refuse the other services offered if they are not comparable to what had been provided for in the contract or if the price reduction granted is not appropriate.
The Tourist Office's guarantee is limited to the reimbursement of the services actually paid for by the consumer or non-professional Client and the Tourist Office cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case force majeure or exceptional or unavoidable circumstances.
Section 11.3. Contact details for the Seller
In accordance with Article R 211-6, 4° of the Tourism Code, the Customer can quickly contact the Tourist Office using the contact details given in Article 1.1. "Designation of the seller" of these general terms and conditions of sale, in order to communicate with him effectively, to request assistance if the Customer is in difficulty or to complain of any non-compliance noted during the execution of the trip or stay.
Article 12 - Protection of personal data
Section 12.1. Data collected
As part of its activity of selling Stays and Tourist Services, the Seller implements and uses the processing of personal data relating to Customers and Beneficiaries.
As such, the Tourist Office collects the following personal data: first name, surname, title, postal address, email address, telephone numbers, particulars noted in the contract, terms of payment.
Section 12.2. Purpose pursued
The collection of this personal data is essential for the contractual execution and in the event of refusal to communicate them, the Customer is exposed to difficulties in the performance of the service which cannot give rise to the liability of the customer. 'VISITOR CENTER.
This personal data is collected for the exclusive purpose of ensuring the management of the Seller's Customers within the framework of the conclusion of the contract and its execution, on the basis of the customer's consent. They are only used for the purposes to which the Customer has consented.
More specifically, the purposes are as follows:
- Identification of persons using and/or reserving the services
- Formalization of the contractual relationship
- Provision of services booked with the Tourist Office
- Management of contracts and reservations (including room allocation, travel management)
- Communication to partners with a view to the provision of services by the partners concerned
- Accounting, in particular management of customer accounts and monitoring of customer relations
- Processing of operations relating to customer management
- Commercial communications and prospecting, animation.
Section 12.3. Persons authorized to access the data
The persons authorized to access the data collected within the Tourist Office are as follows: the employees of the Tourist Office and its partners involved in the services requested by the Customer, and, where applicable, the subcontracting service providers of the Tourist Office participating in the performance and/or administration of the services and being required to intervene in this respect on the processing, it being then specified that in such a case, whether it is a question of partners or -contractor, this is carried out in compliance with the regulations in force.
Section 12.4. Data retention
This personal data collected is kept for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.
Personal data relating to the Customer's bank card is kept exclusively for the time necessary to complete the transaction.
Personal data relating to a prospect who does not conclude a reservation contract with the Tourist Office are kept for a period of 6 months from their collection.
The personal data necessary for sending the newsletter is kept for as long as the customer does not unsubscribe.
The Tourist Office implements organisational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Tourist Office cannot guarantee the security of the transmission or storage of information on the Internet.
Section 12.5. Rights of the holder of the data collected
In application of the regulations applicable to personal data, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his personal data. It is possible to request that this data be rectified, completed, clarified, updated or deleted.
These rights can be exercised by writing a signed letter to the data processing manager, to the Sales Department (to the attention of CDG54) CENTER DE GESTION DE LA MEURTHE ET MOSELLE, 2 Allée Peletier Doisy, BP 340,54602, XNUMX VILLERS LES NANCY CEDEX , by enclosing a copy of your identity document with your request.
At any time, the Customer may file a complaint with the CNIL according to the procedures indicated on its website (https://www.cnil/fr).
Section 12.6. Modification of the clause
The Tourist Office reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the Tourist Office undertakes to publish the new version on its site, and will also inform users of the modification by e-mail, as soon as possible. 15 days before the effective date.
Section 12.7. Opposition to cold calling
You have the right to register on the list of opposition to cold calling on the following website: http://www.bloctel.gouv.fr/.
Article 13 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 14 – Insurance
Our professional civil guarantee insurer guarantees us against the pecuniary consequences of professional civil liability as set out in Articles L. 211-16 and L. 211-17 of the Tourism Code.
The guarantee also covers damage caused to travellers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed during the offer, organization and sale of our services both by us and by our agents, employees and non-employees.
The Customer undertakes to hold and be up to date with his civil liability insurance to cover the damage he may cause.
We do not offer optional or mandatory insurance.
Article 15 – Minor children
When minors, unaccompanied by a parent or other authorized person, travel on the basis of a contract for tourist services including accommodation, the Tourist Office must communicate information allowing direct contact to be established with the minor or the person responsible for the minor at the minor's place of stay.
Article 16 – Responsibility of the Tourist Office
Article 16.1 – Full liability
Excluding the sale of its shop products and the services it produces itself, the Tourist Office is automatically responsible for the tourist services contracted under these general conditions of sale.
The Tourist Office may, however, exonerate itself from all or part of its liability by providing proof that the damage is attributable either to the Customer or to a third party unrelated to the provision of the travel services included in the contract and is of a unforeseeable or unavoidable, or exceptional and unavoidable circumstances.
The organizer and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with article L. 211-16.
Section 16.2. Limitation of the responsibility of the Tourist Office
In accordance with Article L 211-17, IV of the Tourism Code, the amount of any damages that the Tourist Office would be ordered to pay to the Customer for any reason whatsoever, will be limited to three times the total price. excluding taxes for services, with the exception of bodily injury and damage caused intentionally or by negligence.
Article 17 – Assistance to the traveler
The Tourist Office is responsible for the proper performance of the services provided for in the contract. In this context, if the Customer is faced with difficulties, the Tourist Office will provide appropriate assistance as soon as possible, given the circumstances of the case.
The Tourist Office will be entitled to charge a reasonable price for this assistance if this difficulty is caused intentionally by the traveler or by his negligence. The price charged will not exceed the actual costs incurred by the organizer or the retailer.
Section 18 – Accessibility
Despite our best efforts, not all of our services are accessible to people with reduced mobility, in particular specific services such as access to leisure parks or hikes. This information is given to the Customer on simple request.
Article 19 – Compliance with the rules
Services that take place in the heart of nature require good physical condition.
For these outdoor performances, participants must be equipped with good shoes as well as clothing adapted to the weather conditions of the day.
In sensitive natural areas, participants must stay on the trails and must respect the sites which are private.
Each participant must comply with the rules of caution, traffic, hygiene and safety and follow the advice of the guide.
When lunch is a picnic, please plan to collect waste (garbage bags).
The Tourist Office and the guide reserve the right to exclude a participant who does not comply with the aforementioned rules or who disrupts the performance of the service.
Article 20 – Settlement of disputes
Article 20.1. Applicable law
These general conditions are subject to the application of French law. This is the case for the rules of substance as well as for the rules of form.
Section 20.2. Mediation
For any complaint, a request must be sent in writing to the Tourist Office, by post at Place du Château, 08320, Vireux-Wallerand or by email to the following address: email@example.com.
The Customer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer can thus contact the Mediator of Tourism and Travel on the following site: https://www.mtv.travel/ or to MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17 in the event that the response provided by the Tourist Office to the customer on his complaint is deemed insufficient or remains unanswered after 60 days.
Section 20.3. Sold online
In the event that the service has been purchased online by the Customer, the latter is informed that he has the option, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, to lodge a complaint and select a dispute resolution body on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
Section 20.4. Proof
It is expressly agreed that the data contained in the information systems of the Tourist Office have probative value as to orders, requests, and any other element relating to the use of the Site. They may be validly produced, in particular in court, as a means of proof in the same way as any written document.
Article 21 – Linked travel services
If, after choosing and paying for a travel service, you book additional travel services for your trip or holiday through the Tourist Office, you will NOT benefit from the rights applicable to packages at the under Directive (EU) 2015/2302 and Article L.211-2 of the Tourism Code.
However, if you book additional travel services during the same visit or contact with the Tourist Office, the travel services will form part of a linked travel arrangement.
In this case the Tourist Office has, as required by European Union law, protection in order to reimburse the sums that you have paid to it for services which have not been performed due to its insolvency.
The Tourist Office has taken out insolvency protection with ATRADIUS, 159 rue Anatole France, CS 50118, 92596 Levallois-Perret). Travelers can contact this entity if they are denied travel services due to the insolvency of the Tourist Office.
Note: this protection against insolvency does not apply to contracts concluded with parties other than the Tourist Office which can be performed despite the insolvency of the Tourist Office
[Website on which Directive (EU) 2015/2302 transposed into national law can be consulted https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A….