GCS- reservation website

TOURIST OFFICE OF LE PUY EN VELAY

GENERAL TERMS OF SERVICES
Reservation on the website

Applicable from 20 October 2021

References: PENV – 202101

Definitions :

“GTS” : refers to the present general terms and conditions of sale

“CUSTOMER” : refers to the natural or legal person who has made the Reservation, and to all persons linked to this person and participating in the Stay within the framework of the Reservation (children, friends, etc.).

“Contract” : refers to the contract composed of the contractual documents listed in article 1.2 below.

“Event” : means the ISDE (International Six Days of Enduro) which will take place from 30 August to 4 September 2022

“Accommodation” : refers to the accommodation provided to the CLIENT during the Stay.

“Host” : means the person with whom the CLIENT has made a Booking.

“Reservation” : refers to the reservation made by the CLIENT for the Stay.

“Stay”: refers to the stay booked by the CLIENT as part of the Reservation.

“Site” : refers to the internet site accessible at the following address: www.isde2022-lepuyenvelay.com

“Users” : refers to the persons browsing the Site.

PREAMBLE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

1. The purpose of the present General Terms and Conditions is to define the terms and conditions under which the association OFFICE DE TOURISME SYNDICAT INITIATIVE, an association registered under the SIREN number 383 814 712, whose head office is located at 2 place du Clauzel – 43000 LE PUY EN VELAY, taken in the person of its legal representative, duly authorised for the purposes of the present document (hereinafter referred to as “the SERVICE PROVIDER”), sells the Stays, as defined in the present GTS, to its clients making a Reservation on the Site, domiciled in France or abroad (hereinafter referred to as “the CLIENT”).

THE SERVICE PROVIDER and the CLIENT are referred to individually as “a Party” and jointly as “the Parties”.

2. In the event that any provision of the GTS is declared null and void or ineffective in any way and for any reason whatsoever, it shall be deemed unwritten, without affecting the validity of the other provisions or rendering the other provisions null and void. The Parties then agree to replace the clause declared null and void with a clause that is closest in content to the clause initially agreed and given the initial intention of the Parties, in order to maintain the initial balance of their relations. The same principles shall apply in the event in case of incomplete stipulations.

No tolerance, inaction or inertia on the part of THE SERVICE PROVIDER may be construed as a waiver of its rights under the GTS.

3. Any Reservation made to the SERVICE PROVIDER by the CLIENT implies acceptance by right and without reserve of the GTS in force on the date the Order is placed, regardless of any contrary provisions that may appear in any document issued by the CLIENT. They cancel and replace all previous conditions.

4. The CUSTOMER acknowledges that he/she has read and accepted the GTS before placing an Order and that he/she has the capacity to contract.

ARTICLE 1: PURPOSE – CONTRACTUAL DOCUMENTS

1.1 The purpose of these GTS is to determine the terms and conditions under which :

– the CLIENT can make a Reservation,

– the SERVICE PROVIDER sells the Stays directly,

– the SERVICE PROVIDER does not provide any services related to the Stays, apart from intermediation for the Reservation, the collection of the price of the Stays and the management of part of the relationship with the CLIENT, under the conditions determined below,

– the SERVICE PROVIDER and the Host collaborate to provide the CLIENT with the Stay

1.2 The scope of the Contract is composed of the following documents

– the Basket

– these GTS

– any document issued by the SERVICE PROVIDER concerning the Stay(s) booked by the CLIENT.

Any amendment to the Contract must be made in writing and accepted by the Parties.

ARTICLE 2: RESERVATION PROCEDURES FOR A STAY

2.1 In order to order a Stay, the CLIENT must first visit the Site, using any device that allows an internet connection, in order to enter the Stay that he wishes to order, and thus create their Basket.

The CLIENT acknowledges and accepts that the Reservation is made with the SERVICE PROVIDER, who then makes a reservation, in accordance with the Reservation made by the CLIENT, with the Host chosen by the CLIENT.

2.2 Taking an Order on the Site is subject to compliance with the procedure set up by the SERVICE PROVIDER comprising successive stages leading to the validation of the Reservation.

The CLIENT may select as many Stays as he wishes, which will be added to the basket (hereinafter referred to as the “Basket”). The Basket summarises the Stays chosen by the CLIENT as well as the prices and costs associated with them.

The CLIENT checks the Basket and may freely modify the Basket before validating the Reservation. Validation of the Reservation confirms the CLIENT’s acceptance of the GTS, the Stays purchased, their price and the associated costs.

2.3 A confirmation email summarising the Reservation will be sent to the CLIENT by the SERVICE PROVIDER, immediately after the Reservation. The emails are sent to the email address provided by the CLIENT. To this end, the CLIENT formally accepts the use of electronic mail for the SERVICE PROVIDER’S confirmation of the content of his Reservation.

2.4 The SERVICE PROVIDER reserves the right not to validate the CLIENT’s Reservation for any legitimate reason, in particular in the event that :

– it does not comply with these GTS;

– payment is refused;

– one of the CLIENT’s previous orders has not been paid in full by the due date;

– a dispute relating to the payment of one of the previous orders is being processed;

– several serious and concordant elements would give rise to a suspicion of fraud on the Order.

2.5 Emails are sent to the email address provided by the CLIENT.

2.6 The CLIENT is perfectly aware that the SERVICE PROVIDER is dependent on the availability of the Accommodation being updated by each Host. Therefore, in the event that the Stay booked by the CLIENT and confirmed by the SERVICE PROVIDER cannot take place due to the unavailability of the Accommodation at the Host, the SERVICE PROVIDER will offer a new Stay to the CLIENT, for the number of people initially indicated.

In the event that the CLIENT does not wish to accept the new proposal made by the SERVICE PROVIDER, the latter will reimburse the CLIENT for the sums paid.

ARTICLE 3: CONDITIONS OF THE STAYS

3.1 Duration of the Stays : the duration of the Stay booked by the CLIENT is that mentioned on the summary of the Reservation. If, during the Stay, the CLIENT wishes to shorten the planned duration, he/she will not be entitled to any reimbursement from the SERVICE PROVIDER. If, during the Stay, the CLIENT wishes to increase the duration of the Stay, he/she must contact the SERVICE PROVIDER, who will then send him/her a specific quote.

3.2 Arrival and departure days and times : the arrival and departure days and times are mentioned in the summary or via written information from the Host.

3.3 Facilities : the facilities available in the Accommodation and at the Host’s are mentioned on the Site. In the event of a specific request, it is the CLIENT’s responsibility to inform the Host in advance, when ordering, particularly with regard to young children and/or animals.

3.4 Accessibility for persons with reduced mobility : accessibility for persons with reduced mobility depends on each Host. Information to this effect can be found on the Site. Otherwise, it is the CLIENT’s responsibility to contact the Host prior to the Booking.

3.5 Animals : the acceptance of animals depends on each Host. Information to this effect may be mentioned on the Site. Failing this, it is the CLIENT’s responsibility to contact the Host prior to the Reservation.

ARTICLE 4: COMMITMENTS OF THE PARTIES

4.1 Commitments of the CLIENT

4.1.1 The CLIENT undertakes to respect all the provisions of this Contract, and in particular the Internal Regulations.

The CLIENT is responsible for the respect of the Contract by the persons benefiting from the Stay within the framework of the Booking.

4.1.2 The CLIENT undertakes to respect the rules of life defined by the Host. In the event of a serious breach of the said rules, affecting other clients or the Host’s staff, or material goods, whether in terms of health, well-being or safety, the Host may interrupt the Stay, without reimbursement to the CLIENT.

4.1.3 The CLIENT undertakes to send the Host and/or the SERVICE PROVIDER, within the time limits specified by the latter or on arrival, the requested documents necessary for the Reservation and so that the SERVICE PROVIDER and the Host can benefit from all the information necessary for the processing of the Reservation, and so that the Host can fulfil its legal obligations.

In this respect, the CLIENT is informed that it must provide the Host, within the timeframe agreed with the latter, with the following elements, in addition to any additional documents that may be requested:

– Passport of each of the participants in the Stay,

– Visa authorising residence on French territory, for each of the participants, when this document is necessary due to the nationality or geographical origin of the participants in the Stay,

– Health pass for each of the participants in the Stay,

– Any necessary additional document made compulsory by legislative or regulatory provisions imposed on the Host.

4.2 Provider’s commitments

4.2.1 The Site enables Users to make Reservations with Hosts offering accommodation. The services offered by the Hosts are the rental of accommodation (gites, bed and breakfast, campsites, hotels, etc.) as well as breakfasts, the other activities offered by the Hosts not being bookable via the Site.

4.2.2 As a supplier of the Site, the SERVICE PROVIDER is not the owner and does not create, supply, control or manage any accommodation, these services being provided solely by the Hosts via the Site.

The SERVICE PROVIDER only makes the Site available so that (i) Hosts can offer their accommodation, (ii) Users can reserve and pay for part of the accommodation reserved and (iii) Users can benefit from a grouped offer of accommodation for the Event.

4.2.3 The SERVICE PROVIDER receives a commission on the Reservations made via the Site, under conditions agreed with the Event Organising Committee.

4.2.4 The SERVICE PROVIDER undertakes to do its utmost to ensure that the accommodation offered on the Site is of the best possible quality for Users who wish to make a Reservation.

However, and in view of these elements, the SERVICE PROVIDER does not control or guarantee :

– The quality of the services provided by the Hosts,

– The adequacy between the advertisements on the Site and the services actually provided by the Hosts.

ARTICLE 5: INFORMATION ON PRICES – FINANCIAL CONDITIONS

5.1 The offers for Stays are valid as long as they are legible on the Site and the Advertisements. The prices of Stays are indicated on the Site in euros including VAT.

5.2 The price of the holiday is defined in the Basket. The prices in the Basket are indicated in euros and include of VAT, the applicable VAT rate being that in force on the day of invoicing. The breakdown between the price excluding VAT and the price including VAT is indicated in the confirmation email sent by the SERVICE PROVIDER.

The prices mentioned in the Basket only include the services linked to the Stay. Any additional request will be the subject of an estimate made directly by the Host, and the CLIENT must contact the Host directly in order to obtain said estimate.

The SERVICE PROVIDER will not be able to provide the CLIENT with a specific quote for requests other than the booking of a Stay.

5.3 The payment methods offered by THE SERVICE PROVIDER are as follows:

– online payment

– Bank transfer

5.4 The CLIENT undertakes to pay the sum of 50% of the price of the Reservation, on the day of the Reservation.

However, in the event of a Reservation for a Stay less than 60 days before the date of the Stay, the CLIENT must pay the SERVICE SUPPLIER the full price of the Stay (100%) when making the Reservation.

In the event of payment by bank transfer, the CLIENT must send the SERVICE PROVIDER, on the day of the Booking, proof of the transfer made.

If the payment is not received within 8 days of the date of the Reservation, the SERVICE PROVIDER will cancel the Reservation, without prejudice to the CLIENT, which the latter acknowledges and accepts.

5.5 The CLIENT undertakes to pay the SERVICE PROVIDER the remaining 50% at the latest 60 days before the date of its Stay, by bank transfer.

If payment is not made within 8 days of following the date on which payment is due, the SERVICE PROVIDER reserves the right to cancel the Reservation, and will notify the CLIENT in writing, who will still owe the sums set out in article 6.2 below, in addition to the 50% paid at the time of reservation, which will be retained by the SERVICE PROVIDER as compensation.

5.6 All costs incurred by late payment or collection will be invoiced to the CLIENT.

5.7 The CLIENT will remain liable for the tourist tax payable by the Host, to be paid directly to the Host during the Stay.

This tourist tax is payable per day and per adult, depending on the Host’s listing and according current table, unless there are regulatory changes subsequent to the date of the Reservation.

5.8 Online payments on the Site are made via a secure payment platform, supplemented by control measures, specific to each means of payment, in order to guarantee the security of purchases made on the Site and to combat fraud.

The payment card details communicated by the CLIENT when making a Reservation are never transmitted unencrypted over the network and the SERVICE PROVIDER and the Host have no knowledge of them, given the technology used.

ARTICLE 6: CONDITIONS FOR CANCELLATION AND MODIFICATION OF A RESERVATION

6.1 Modifications of the Reservation by the CLIENT

The CLIENT acknowledges and accepts that any modification of the Reservation concerning :

– a reduction or increase in the number of people taking part in the Stay

– a change in the dates of the Stay

– a change of formula

– a change of accommodation

may call into question the Reservation.

In the event of a modification accepted by THE SERVICE PROVIDER, a modification fee of fifty euros (50€) will apply, which the CLIENT acknowledges and accepts.

However, from the 4th modification request onwards, the modification fee will amount to one hundred euros (€100), which the CLIENT acknowledges and accepts.

In the event of a modification not accepted by THE SERVICE PROVIDER leading to a cancellation of the Reservation by the CLIENT, the conditions below will apply.

6.2 Cancellation of the Reservation by the CLIENT

In the event of cancellation of the Reservation by the CLIENT, the following cancellation fees will be charged to the CLIENT:

6.3 Modification or cancellation of the Reservation by the Host

If the Reservation is cancelled by the Host, the SERVICE PROVIDER will offer the CLIENT an alternative stay. If the CLIENT does not agree to the new proposals made by the SERVICE PROVIDER, the latter will reimburse the CLIENT for the amounts paid.

6.4 Cancellation of a Stay for reasons linked to specific contexts (pandemic, epidemic, etc.)

6.4. 1 In the event that the Stay cannot take place due to governmental and/or legislative instructions, for example in the event of the administrative closure of the Host, or in the event that it is impossible for the CLIENT and the participants to travel (for example: curfew, confinement, travel restrictions), and in any event for reasons for which neither the CLIENT nor the Host is responsible, the latter will refund the CLIENT all sums paid, unless regulatory or legislative provisions authorise it to proceed differently, and in particular authorise it to issue a refundable credit note after a certain period.

6.4.2 In the event that the Stay cannot take place due to the CLIENT or one of the Participants, (e.g. illness of a Participant preventing the group from travelling as he has been placed in quarantine), no reimbursement will be made.

6.5 Cancellation of the Event

In the event of cancellation of the Event, for whatever reason, the CLIENT will be reimbursed by the SERVICE PROVIDER for all the sums paid, in addition to a deduction of five per cent (5%) corresponding to the costs of managing the Booking.

As the SERVICE PROVIDER is not the organiser of the Event, it is up to the CLIENT to turn to the organiser in order to recover the balance of the price retained by the SERVICE PROVIDER.

ARTICLE 7 : RIGHT OF WITHDRAWAL

The CLIENT is informed that, in accordance with the applicable legal provisions, and in particular Article L.221-25 of the Consumer Code, he/she has no right of withdrawal under this Contract.

ARTICLE 8 : FORCE MAJEURE

In case of an event of force majeure preventing the performance of this Contract, the SERVICE PROVIDER will inform the CLIENT within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgement of receipt.

In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events : total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, pandemics, confinement, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.

All obligations of the Parties shall be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues and prevents the Stay from taking place, the transaction concerned may be terminated at the request of the SERVICE PROVIDER or the CLIENT without compensation on either side.

ARTICLE 9 : INSURANCE

The CLIENT declares that all the participants in the Stay are insured for their civil liability with a solvent insurance company.

The SERVICE PROVIDER does not guarantee the CLIENT that the Host has professional civil liability insurance, but declares that it has contractually obliged the Host to have one in force.

ARTICLE 10 : PROTECTION OF PERSONAL DATA

The SERVICE PROVIDER and the third party service providers are the only ones authorised to hold the CLIENT’s and the participants’ personal data, and undertake not to pass them on to third parties or resell them.

The CLIENT and each of the participants have the rights provided for by the applicable legislation and regulations in terms of personal data protection.

In this respect, the privacy policy of THE SERVICE PROVIDER is available on the Site.

ARTICLE 11 : APPLICABLE LAW

This Contract and the operations arising from it are governed by and subject to French law.

These GTS are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 : DISPUTES

12.1 ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THIS CONTRACT COULD GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR CANCELLATION, THEIR CONSEQUENCES AND AFTERMATH AND WHICH COULD NOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.

12.2 The CUSTOMER is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission for Consumer Mediation (Article L.612-1 of the Consumer Code) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this respect, the CLIENT is informed that the SERVICE PROVIDER has joined MEDIATION TOURISME ET VOYAGES in order to manage disputes linked to the conclusion, performance and termination of this Contract, whose contact details are

– postal address: BP80 303 – 75823 Paris Cedex 17

– online: www.mtv.travel/je-sais-le-mediateur/

Referral to the mediator is free of charge for the CLIENT.

ARTICLE 13 : PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The CLIENT acknowledges having been informed, prior to placing the Order and concluding the Contract, in a legible and comprehensible manner, of these GTS and of all the information that he/she deems necessary, and in particular the following information

– the essential characteristics of the Stay, taking into account the communication medium used;

– the price of the Reservation and the associated costs;

– in the absence of immediate execution of the Contract, the date or deadline by which the Host undertakes to execute the Reservation ordered;

– the fact that the SERVICE PROVIDER is not the Host and that the SERVICE PROVIDER only provides an intermediation service between the Host and the CLIENT, apart from collecting the Reservations;

– information relating to the identity of the SERVICE PROVIDER and the Host, its postal, telephone and electronic contact details and its activities, if not apparent from the context;

– information relating to legal and contractual guarantees and their implementation modalities;

– the functionalities of the digital content and, where appropriate, its interoperability;

– the possibility of resorting to conventional mediation in the event of a dispute;

– information on the right of withdrawal, termination and other important contractual conditions;

– the means of payment accepted.