GENERAL TERMS AND CONDITIONS OF SALE
Leisure services - Ticketing - Tourist activities
ARTICLE 1 - SELLER IDENTIFICATION
Services are marketed by the following public industrial and commercial establishments:
Office de tourisme intercommunal La Londe les Maures, Collobrières, Pierrefeu du Var, Cuers
60 boulevard du Front de Mer - Port Miramar - 83250 La Londe les Maures
SIRET : 412 163 099 00028 - Code APE : 7990 Z
Atout France registration number: IM083100033
Financial guarantee: APST - 15 avenue Carnot - 75017 Paris
Professional liability insurance: ALLIANZ - Le Santa Cruz - Avenue des Ilaires - 83980 Le Lavandou
Bormes les Mimosas Tourism and Leisure Office
1 Place Gambetta - 83230 Bormes les Mimosas
SIRET : 403 938 749 00013 - Code APE : 7990 Z
Atout France registration number: IM083110013
Financial guarantee: Contract no. AF 0302160000030
Professional liability insurance: MMA - Société JPC Assurances - 83980 Le Lavandou
Lavandou Tourist Office
153 Quai Gabriel Péri - 83980 Le Lavandou
SIRET : 519 728 596 00015 - Code APE : 7990 Z
Atout France registration number: IM083110005
Financial guarantee: n° 4000713943
Professional liability insurance: GROUPAMA - Contract no. A114418640
Hereinafter collectively referred to as "the Tourist Offices".
The tourist office with which the reservation is made and payment received is considered to be the seller of the service within the meaning of these general terms and conditions of sale.
ARTICLE 2 - PURPOSE AND SCOPE
The purpose of these general conditions of sale (GCS) is to define the rights and obligations of the parties in the context of the marketing of leisure services, tourist activities, ticketing, tours, workshops and related services by tourist offices, to persons who are consumers or non-professionals within the meaning of the French Consumer Code, or travellers within the meaning of the French Tourism Code, and who have the legal capacity to contract (hereinafter referred to as "the customer").
The present general terms and conditions of sale apply ipso jure to services sold by Tourist Offices acting in their capacity as professional sellers registered with the
in accordance with articles L.211-1 et seq. of the French Tourism Code.
TOs are responsible for booking and selling all types of leisure and tourist services. They apply to over-the-counter sales, Internet sales and sales via other distribution and marketing channels.
Any purchase implies unreserved acceptance of these terms and conditions of sale. The customer declares that he has read and accepted these terms and conditions of sale.
Services are materially executed by partner service providers, who remain responsible for the technical conditions of execution. The partner service providers remain solely responsible for the material conditions under which the activities are carried out, particularly in terms of safety, supervision, staff qualifications, insurance and compliance with the regulations applicable to the activity concerned.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
Prior to placing an order, the customer acknowledges having received, in a legible and comprehensible manner, the present general and special conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code and article R. 211-4 of the French Tourism Code.
The customer receives the following essential information:
- main characteristics of the service ;
- price in euros (€) including all taxes;
- date, time, duration and place of performance ;
- cancellation policy ;
- access and safety requirements (minimum age, ability to swim, physical condition),
equipment required, any contraindications, minimum number of participants).
ARTICLE 4 - PRICES
The price of the service is expressed in euros (€) including all taxes. No insurance is included in the final price.
Prices are those in force on the day of booking. Prices may vary upwards or downwards. OT cannot be held responsible for any fluctuations.
Services sold at the prices indicated are marketed by the tourist offices as part of their ticketing offer. No purchase under these conditions may be made directly with the service providers.
ARTICLE 5 - PAYMENT TERMS
Payment is due in full upon reservation. The customer guarantees the TOs that he/she has the necessary authorizations to use the method of payment chosen by him/her. The Tourism Offices reserve the right to refuse to honour a reservation from a Customer who has not paid in full or in part for a reservation, or with whom a payment dispute is being administered. Payments made by the customer will not be considered final until the amounts due have been received by the OT.
The customer may choose from the following payment methods:
By credit card (notably Carte Bleue, Visa, Eurocard/Mastercard),
By cash
And, depending on the OT, by bank cheque, vacation cheque or Connect vacation cheque.
After entering the customer's contact details and means of contact, the tour operator makes the reservation. Once the service has been booked, the customer advisor collects the payment. He prints the voucher or ticket and delivers it to the customer or sends it to him by e-mail.
ARTICLE 6 - USE OF TICKETS AND VOUCHERS
Tickets are only valid for the service booked, and on the date and time specified. They must be presented on arrival, and kept for the duration of your presence at the venue. Access to the service is no longer guaranteed after the specified start time. The customer is obliged to arrive at the meeting point indicated on the ticket or voucher a reasonable time before the start time of the service. Should the Customer be late or fail to arrive at the scheduled time, access to the service may be refused by the service provider or organizer, without entitlement to reimbursement or postponement.
No duplicate tickets will be issued, even in the event of loss, theft or damage.
You may be asked to produce a valid form of identification at the entrance to the venue for certain services. This must match the name on the ticket if it includes a name.
Customers arriving without a ticket will be refused access to the service (even free participants or young children, for example, must have been notified when the order was placed).
Each ticket may only be presented once at the checkpoint. Reproduction of tickets is forbidden. Only the first person to present the ticket will have access to the service. This person is presumed to be the legitimate ticket holder.
The service provider may refuse access to the service if several printouts, reproductions, copies or imitations of a printable ticket are in circulation and access to the service has already been granted to the holder of a corresponding printout. In particular, the service provider is not obliged to verify the identity of the person presenting the printable ticket enabling the purchaser to be identified. The provider is also not obliged to check the authenticity of the printable ticket insofar as the imitation or copy cannot be unmistakably identified as such at the entrance control. If the holder of a printable ticket is refused entry for this reason, there is no right to reimbursement.
ARTICLE 7 - NO RIGHT OF WITHDRAWAL
In accordance with article L.221-28 of the French Consumer Code, leisure services supplied for a specific date or period do not benefit from the right of withdrawal.
ARTICLE 8 - MODIFICATION OF THE SERVICE
Any modification to the service initially booked, whether requested by the Customer or made necessary for reasons of organization, safety, weather conditions or on the initiative of the service provider or the Tourism Offices, is subject to the agreement of the parties and to availability. Wherever possible, the Tourism Offices will endeavour to offer an equivalent postponement or modification. In the absence of agreement or the possibility of modification, the conditions set out in the article on cancellation apply.
ARTICLE 9 - CANCELLATION
9.1 - CANCELLATION BY THE CUSTOMER
In the event of cancellation or no-show by the customer, unless otherwise stated, tickets are neither refundable nor exchangeable.
In the event of force majeure, exceptional and unavoidable circumstances or for medical reasons duly justified by a medical certificate sent within 48 hours of the event, a full refund will be made by the OT.
9.2 - CANCELLATION BY THE SELLER
The TOs may cancel the contract at any time before the start of the service, in particular due to exceptional and unavoidable circumstances (safety, weather conditions, administrative decree or insufficient number of participants). In this case, the OT will refund all sums paid by the customer, or propose a postponement if possible.
No additional compensation will be due unless otherwise stipulated by law.
ARTICLE 10 - GUARANTEE OF CONFORMITY
In accordance with article L.211-16 of the French Tourism Code, the Tourism Offices are automatically responsible for the proper execution of the services provided for in the contract.
The customer is obliged to report as soon as possible any non-conformity observed during the performance of the service, so that the Tourism Offices can remedy the situation as soon as possible. This information must be communicated without undue delay, preferably within three (3) days of the end of the service, in writing to the address indicated in article 1 of these GCS.
The TOs will endeavour to provide an appropriate solution as soon as possible, within the limits of their possibilities and of the conditions under which the service is provided by the partner service provider.
OT cannot be held liable if the non-performance or poor performance of the service is attributable either to the Customer, or to a third party not involved in the provision of the contracted services, or to exceptional and unavoidable circumstances.
ARTICLE 11 - PROTECTION OF PERSONAL DATA
As part of their activity of selling tourist services, the Tourist Offices implement and operate the processing of personal data relating to Customers. To this end, the TOs collect personal data (surname, first name, date of birth, telephone number, e-mail address, postal address, contractual information).
In addition, when paying for services over the Internet, the TOs record financial data relating to the user's bank account or credit card.
The collection of this personal data is essential to the performance of the contract, and if the customer refuses to provide it, he or she may encounter difficulties in the performance of the service, for which the Tourist Offices cannot be held responsible.
This personal data is collected for the sole purpose of managing the service and its execution, based on the execution of the contract and the legitimate interests of the TOs. It is used only for the purposes to which the customer has consented (identification of persons using and/or booking services, formalization of the contractual relationship, execution of booked services, communication to partners with a view to the execution of services, accounting and monitoring of customer relations). Data is also used in the legitimate interest of OT to manage its organization, billing, accounting and tax and social security obligations.
The following persons are authorized to access data collected within the TOs: employees. Data may be communicated to third parties concerned by the service, in compliance with the stated purposes.
The 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 credit card is kept only for as long as is necessary to complete the transaction. The EO implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
In application of the applicable regulations on personal data, each user has the right to query, access, modify, oppose and rectify, on legitimate grounds, the collection and processing of his or her personal data. Customers may request that their personal data be rectified, completed, clarified, updated or deleted.
Customers may lodge a complaint with the CNIL at any time, in accordance with the procedures indicated on its website (https://www.cnil/fr).
The TOs reserve the right to amend this clause on the protection of personal data at any time. If a change is made to the present personal data protection clause, the TOs undertake to publish the new version, and will also inform users of the change by e-mail, at least 15 days before the effective date.
ARTICLE12 - LANGUAGE OF THE CONTRACT
These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE13 - INSURANCE
The Customer is responsible for any damage he causes, and undertakes to hold and be up to date with his civil liability insurance to cover any damage he may cause. No insurance is included in the price indicated.
ARTICLE 14 - MINORS
Any reservation made for a minor child is the exclusive responsibility of
responsibility of the legal representative. Parental authorization may be required. Minors remain under the supervision and responsibility of their parents or guardians.
ARTICLE 15 - LIABILITY
In accordance with article L.211-16 of the French Tourism Code, tourist information offices are fully liable for tourist services contracted under these general terms and conditions of sale.
However, they may be exempted from all or part of their liability by proving that the damage is attributable either to the customer, or to a third party, or to exceptional and unavoidable circumstances.
In accordance with article L 211-17, IV of the French Tourism Code, the amount of any damages that the Tourism Offices may be ordered to pay to the Customer for any reason whatsoever, will be limited to three times the total price of the services, excluding taxes, with the exception of personal injury and damage caused intentionally or through negligence.
ARTICLE 16 - CUSTOMER ASSISTANCE
The TOs are responsible for the proper performance of the services provided for in the contract. In this context, if the Customer encounters difficulties, the TOs will provide appropriate assistance as soon as possible, taking into account the circumstances of the case.
ARTICLE 17 - ACCESSIBILITY AND SAFETY MEASURES
Despite our best efforts, some services may not be accessible to people with reduced mobility. We invite you to enquire before booking about the suitability of our services for your abilities and needs.
The Customer acknowledges that certain services may require adapted physical condition, compliance with specific safety instructions or fulfilment of particular conditions (minimum age, ability to swim, absence of medical contraindication, compulsory equipment).
The customer undertakes to ensure that he/she and the registered participants meet the conditions required to take part in the activity. If these conditions are not met, the service provider may refuse participation in the activity, without any right to reimbursement.
Guided and commented tours
- The customer undertakes to comply with the safety instructions given at the time of booking.
- Visits require walking on the sites. The customer is informed that good mobility is necessary.
- Clothing and footwear suitable for walking are recommended.
- The tour operators cannot be held responsible for the loss, theft or deterioration of the customer's belongings during the activities or trips, except in the event of proven fault on their part.
- Customers are responsible for observing the rules of caution and compliance with regulations.
- Under-age children are the responsibility of their parents or guardians
- Services including alcohol tasting are reserved for adults.
Alcohol abuse is dangerous to health. Please consume in moderation.
- Any behaviour deemed inappropriate may result in refusal of the Service or immediate expulsion during the visit.
ARTICLE 18 - DISPUTE RESOLUTION
ARTICLE18.1 - APPLICABLE LAW
These terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the Customer shall first contact the OT to obtain an amicable solution.
ARTICLE18.2 - MEDIATION
In accordance with articles L.612-1 et seq. of the French Consumer Code, the Customer may have recourse, free of charge, to a consumer mediation mechanism for the amicable resolution of a dispute. After contacting the OT complaints department, and if no satisfactory response is received within 60 days, the customer may refer the matter to the consumer ombudsman responsible for the OTs. The contact details of the competent mediator will be communicated to the customer on request or will be available on the TO website.
ARTICLE18.3 - COMPETENT JURISDICTION
These general terms and conditions are governed by French law.
In the event of a dispute, and failing amicable resolution, the competent courts will be those within the jurisdiction of the Toulon Court of Appeal, under the conditions of common law.
It is expressly agreed that the data contained in the information systems of the TOs may be validly produced, notably in court, as a means of proof in the same way as any written document.