1. TOURIST BOOKING AGENCIES MEMBERS OF Tourisme & Territoires
Tourist booking agencies, members of the Réseau National des Destinations Departamentales (ADN Tourisme), have the vocation to ensure the booking and the sale of all types of leisures and reception services, especially in rural areas. They facilitate the public's approach by offering them a choice of numerous services and by ensuring a quick and safe booking. Tourist booking agencies are community tools provided by all types of services providers who are members of the agencies and who have signed a mandate agreement with them.
The offers covered by the general conditions below and which are binding on GIE EXPLOREPARIS.COM are the offers appearing on the exploreparis.com website and intended for individual customers. These online offers answer to the rules relating to online sales as specified below.
2. PARTIES TO THE CONTRACT
The user refers to any user of this site who books, orders and/or purchases any product or service offered. The user may only use this site if he/she is of legal age and entitled to sign contracts that engage his/her responsibility. The user is financially responsible for all his uses of the website. The services sold on this site are reserved for individuals. Groups and professionals must contact the seller directly. "The seller" designates the GIE EXPLOREPARIS.COM, which operates pursuant to the Tourism Code (Law n° 2009-888 of 22/07/2009).
3. LIABILITY OF THE SELLER
The seller is taking responsibility through the terms of the article L211-16 of the Tourism Code stipulating:
“Any physical or legal person who is involved with the operations mentioned in the article 211-1 is rightfully liable towards the purchaser for the respect of the obligations resulting from the contract, whether this contract has been concluded at a distance or not and that these obligations have to be discharged by himself/herself or by other services providers, without prejudice to his/her right to claim against the said services providers and in the limit of the compensations provided by the international conventions. Hereby, he/she can be exempted from all or part of his/her liability by proving that the non-performance or the inadequate performance of the contract is due either to the purchaser, or to the unpredictable and insurmountable act of a third party not involved in the provision of the services stipulated in the contract, or to any case of force majeure ».
3. Bis USER'S LIABILITY
It is the user's responsibility to verify that the information he/she provides at the time of registration, or at any other time, is accurate and complete. It is the User's responsibility to ensure that the contact information provided at the time of booking is correct and that it will allow the User to receive confirmation of the booking. In the event that the user does not receive this confirmation, it is the user's responsibility to contact the vendor. In order to ensure the proper follow-up of the User's file, the User must immediately inform the Vendor of any change in the information provided at the time of registration.
4. ONLINE RESERVATION
After making a selection and clicking on the "add to cart" button, the user will see a screen that summarizes the elements of the reservation. The user is then invited to sign in to an existing account or to create a personal account by filling in a personal data page and validating it. The user declares that he/she has read and accepted the present booking conditions and is irrevocably bound to it. The client’s acceptance cannot be subsequently questioned.
The automatic recording systems put in place by the seller are considered proof of the conclusion of the present reservation contract. The user will receive a confirmation of the order by e-mail. This confirmation will include the essential characteristics of the reservation, its price and the terms of payment. The content of these booking confirmations is archived by the seller. They are considered proof of the user's consent to this contract and its date.
5. MEANS OF PAYMENT
When the user chooses to pay online, the payment will be made by credit card allowing the client to book its service immediately.
6. BOOKING CONFIRMATION AND PRACTICAL INFORMATION
As soon as payment is received, the vendor will open access to
- a document entitled "ticket" available to the user from the account he/she has opened on the exploreparis.com website, which constitutes proof of the reservation and which may be requested at the time the service is provided;
- a document entitled "general information" which specifies the precise information relating to the realization of the service, in particular the place and time of meeting for the visits and walks, as well as, if necessary, the additional administrative documents to be provided before the service.
These documents are also available in an email sent to the customer upon receipt of payment.
7. CANCELLATION DEADLINE DUE TO THE CUSTOMER
Any cancellation must be notified to the seller at least fifteen (15) clear days before the service. In this case, the client will receive a voucher amounting to the cost of the service asked. If the cancellation is notified less than fifteen (15) clear days before the service, the customer will not be able to obtain any refund. It will be impossible for the customer to get a refund if the chosen visit requires an ID that has already been submitted to the organizer.
The client must arrive on the day and at the time indicated on the general information sheet. In case of late or delayed arrival or last minute impediment, the services not consumed due to this delay will remain due and will not be refunded.
9. MODIFICATION OF AN IMPORTANT ELEMENT OF THE CONTRACT BY THE BOOKING AGENCY
Please refer to article R211-9 of the French Tourism Code.
10. CANCELLATION BY THE SELLER.
Refer to article R211-10 of the French Tourism Code.
11. FAILURE OF THE SELLER TO PROVIDE THE SERVICES PROVIDED FOR IN THE CONTRACT DURING THE STAY.
Please refer to article R211-11 of the French Tourism Code.
The client is responsible for all damages occurring during the service. The seller is insured for his professional liability as indicated in the document.
Any complaint relating to the non-execution or the inadequate execution of the contract must be addressed to the salesman as soon as possible, by registered letter with acknowledgement of delivery.
14. COMPLAINTS SPECIFIC TO THE ONLINE RESERVATION
Any complaint relating to the electronic reservation procedure must be addressed to the vendor as soon as possible, by registered letter with acknowledgement of receipt.
After having referred the matter to the Agency, and in the absence of a satisfactory response within 60 days, the customer may refer the matter to the Tourism and Travel Mediator (MTV), whose contact details are as follows MTV Médiation Tourisme Voyage BP 80 303 - 75 823 Paris Cedex 17 and referral procedures are available on its website: www.mtv.travel
15. THE SELLER'S COMMITMENT - SPECIFIC CONDITIONS FOR ONLINE RESERVATIONS
The publishing of information online is subjected to the same legal regime as traditional publishing. The content of the present site is, therefore, governed by various texts that confer various rights and duties to the Internet user. The seller and publisher of this website commits to respect the editorial rules in force and to do everything possible to ensure the validity of the information made available to the public. He allows readers to print all or part of the content presented on the website for its personal use.
16. COMMITMENT OF THE CLIENT - SPECIFIC CONDITIONS FOR ONLINE RESERVATIONS
The user commits to respecting the rules of intellectual property of the various contents proposed on the site, which implies that he/she undertakes not to reproduce, summarize, modify, alter or redistribute, without the prior and unarguable authorization of the owner of the site, any article, title, application, software, logo, brand, information or illustration for any non-private usage which excludes any reproduction for professional or lucrative purposes or for mass distribution. The client agrees not to copy all or part of the site on any other form of media. The non-respect of these commitments will incur the perpetrator's civil or criminal liability.
17. TERMS & USE OF VOUCHERS
A promotional code can be used within the limits of available tickets. It is non-refundable. It cannot be contested by users in anyway, nor can it be exchanged for cash, nor can it be replaced or exchanged, for any reason whatsoever. The promotional code is valid for one year starting from its creation.
In case of cancellation of the booked visit by the customer, no refund of the voucher or reschedule can be made.
In case of cancellation of the visit by the seller, no refund of the voucher will be made. The customer will be reissued a new voucher that can be used to book the same visit on another date or another visit of the same value on online store.
18. PROTECTION OF PERSONAL DATA
According to the Data Protection Act of January 6th, 1978, the user has the right to access, rectify and delete his or her personal data at any time. If the user wishes to exercise this right, he/she can either write to the seller, or send a request by email. Data entered on the website remain confidential; the seller does not have access to the data.
It is agreed that, except in the case of an obvious error committed by the seller, the data stored in the information system of the seller and/or their partners are viewed as proof concerning past orders. The data on computer or electronic support kept by the seller constitute evidence and, if they are used as a proof by the seller for any litigation or other procedure, they will be admissible, valid and opposable between the parties in the same manner, under the same conditions and with the same probative force as any document which would be established, received or kept in writing.
20. WITHDRAWAL PERIOD
In accordance with Article L. 221-21-08 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts regarding accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities that must be provided on a specific date or at a specific time.
21. PROFESSIONAL LIABILITY INSURANCE
The GIE Explore Paris subscribed to MACIF insurance company in order to ensure consequences of the professional indemnity insurance that it can incur.
Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or holiday services shall give rise to the provision of appropriate documents that comply with the rules defined by this section.
In the case of the sale of aerial tickets or tickets for scheduled air travel not accompanied by services related to such travel, the seller shall issue the purchaser with one or more tickets for the entire trip, issued by the carrier or under its responsibility. In the case of transportation on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be stated.
Separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They may be made by electronic means under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. Are mentioned the name or company name and address of the seller as well as the indication of his registration in the register provided for in article L. 141-3 or, if necessary, the name, the address and the indication of the registration of the federation or the union mentioned in the second paragraph of the article R. 211-2.
Prior to signing the contract, the seller must communicate to the consumer information on the prices, dates and other elements of the services provided during the trip or stay such as:
1° The destination, means, characteristics and categories of transport used;
2° The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification in accordance with the regulations or customs of the host country;
3° The catering services offered;
4° The description of the itinerary when it is a tour;
5° The administrative and health formalities to be completed by nationals or by citizens of another state within the European Union or a state that’s a part of the Agreement on the European Economic Area in the event of border crossings, as well as the time limits for completing them;
6° The visits, excursions and other services included in the package or possibly available at an additional cost;
7° The minimum or maximum size of the group allowing the trip or stay to be carried out as well as, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be within less than twenty-one days before the departure;
8. The amount or percentage of the price to be paid as a deposit when the contract is concluded, as well as the schedule for payment of the balance;
9° The terms of price revision as provided for by the contract in application of article R. 211-8;
10° Contractual cancellation terms;
11° Cancellation terms defined in articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional contracting of an insurance covering the possible consequences of certain cases of cancellation or an assistance contract covering specific risks, in particular the cost of repatriation in the event of accident or illness;
13° When the contract includes air transport services, the information, for each leg of the flight, provided for in articles R. 211-15 to R. 211-18.
The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements in the information. The salesman must, in this case, indicate clearly to what extent this modification can intervene and on which elements.
In any case, the changes made to the prior information must be communicated to the consumer before the contract is signed.
The contract signed between the salesman and the client must be written, established in double copy given to the seller and the client, and signed by both parties. When the contract is signed by electronically it is ruled by the articles 1369-1 to 1369-11 of the civil code. The contract must include the following clauses:
1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer;
2° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification according to the regulations or customs of the host country;
5° The catering services offered;
6° The itinerary when it is a tour;
7° The visits, excursions or other services included in the total price of the trip or stay;
8° The total price of the services invoiced as well as an indication of any revision of this invoicing by virtue of the provisions of article R. 211-8;
9° The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service or services provided;
10° The schedule and terms of payment of the price; the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when the documents allowing the trip or stay to be carried out are handed over;
11° The special conditions requested by the buyer and accepted by the seller;
12° The methods by which the purchaser may submit a complaint to the vendor for non-performance or poor performance of the contract. The complaint must be sent as soon as possible, by any means that allows an acknowledgement of receipt to be obtained by the vendor, and, where appropriate, notified in writing to the travel organizer and the service provider concerned;
13° The deadline for informing the purchaser in the event of cancellation of the trip or stay by the seller in the event that the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R. 211-4;
14° Contractual cancellation terms;
15° Cancellation terms defined in articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller's professional civil liability;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular the cost of repatriation in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of transfer of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the date of departure, with the following information
a) The name, address and telephone number of the seller's local representative or, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, the telephone number for urgent contact with the seller;
b) For trips and stays of minors abroad, a telephone number and an address allowing direct contact with the child or the person in charge of the stay on site;
20° The cancellation and reimbursement clause without penalty of the sums paid by the buyer in the event of non-compliance with the obligation to provide the information provided for in 13° of article R. 211-4;
21° The commitment to provide the buyer, in due time before the beginning of the trip or stay, with the departure and arrival times.
The purchaser can transfer his contract to a transferee who meets the same conditions as him to carry out the journey or the stay, as long as the contract hasn’t been enforced.
Unless otherwise stipulated, the assignor must inform the seller of his decision by any means that allows for an acknowledgement of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, in any case, to prior authorization of the seller.
When the contract includes a clear possibility of revision of the price, within the limits provided for in article L. 211-12, it must mention the precise methods of calculation, both upwards and downwards, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency or currencies used as a reference when establishing the price appearing in the contract.
When, before the buyer's departure, the seller is forced to make a change to one of the essential elements of the contract, such as a significant increase in price, and when he disregards the obligation to provide the information mentioned in 13° of article R. 211-4, the buyer may, without prejudice to any recourse for compensation for damages that may have been suffered, and after having been informed by the seller by any means that allows for an acknowledgement of receipt:
-either cancel the contract and obtain an immediate refund of the sums paid without penalty;
-accept the modification or the substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from the sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him/her before the date of his/her departure
In the case provided for in article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means that allows him to obtain an acknowledgement of receipt; the buyer, without prejudice to any recourse for compensation for damages that may have been suffered, obtains from the seller the immediate reimbursement of the sums paid, without penalty; in this case, the buyer receives an indemnity that is at least equal to the penalty he would have paid if the cancellation had been his own fault on that date
The provisions of the present article do not in any case prevent the conclusion of an amicable agreement having for object the acceptance, by the purchaser, of a substitute journey or stay proposed by the salesman.
When, after the buyer's departure, the seller is unable to provide a major part of the services provided for in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any recourse for compensation for damage suffered:
-either offer services to replace the services paid for, possibly bearing any additional cost and, if the new services accepted by the buyer are of inferior quality, the seller must reimburse the price difference to the buyer, upon his return.
-or, if he cannot offer any replacement service or if these are refused by the purchaser for valid reasons, the seller has to provide the purchaser, at no extra cost, with transport tickets to ensure his return under conditions that can be considered equivalent to the place of departure or to another place accepted by both parties.
The provisions of this article are applicable in case of non-compliance with the obligation provided for in 13° of article R. 211-4.
Updated on 28/04/2022.