1.TOURISTIC BOOKING AGENCIES MEMBERS OF Tourisme & Territoires
Touristic Booking Agencies, members of the Réseau National des Destinations Départementales (Tourisme & Territoires) – the National Network of Departmental Destinations – have to ensure the booking and sell of all types of leisure and reception services, especially in rural areas. It facilitates the public’s access to a choice of many services and ensures a fast and secure reservation. Touristic Booking Agencies are public policy tools provided by all types of service providers who are members of these agencies and signed an agency agreement.
Offers concerned by the general conditions below committing the Association exécutive du Comité Départemental du Tourisme de la Seine-Saint-Denis (executive Association of the Seine-Saint-Denis Tourism Board) are offers figuring on the website exploreparis.com and are intended for individual customers. These online offers are submitted to online sell rules as precised below.
2. PARTS OF THE CONTRACT
The user refers to any user of this website which book, order or buy all products or offered services. The user can visit the website only if he/she is of age and authorized to sign contracts which commit his/her responsibility. The user is financially responsible for all his/her actions online. Services sold on this website are limited to private individuals. Associations and professionals have to contact directly the seller. “The seller” refers to the Association exécutive du Comité Départemental du Tourisme de la Seine-Saint-Denis (executive Association of the Seine-Saint-Denis Tourism Board) which operates pursuant to the Tourism Code (Loi n° 2009-888 – 07/22/2009).
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 emergency”.
3 Bis LIABILITY OF THE USER
The user is liable to check that the information provided during his/her subscription, or at any other time, are complete and correct. The user is liable to assure that the contact details provided during the booking are correct and will enable the user to receive his/her booking confirmation. If the user does not receive this confirmation, it is the user’s responsability to contact the seller. For a good follow-up of his/her booking, the user must immediately inform the seller about any modifications of the information provided during his/her subscription.
4. ONLINE BOOKING
After selecting his/her articles and press the “add to cart” button, the user will see a page appearing and summering the booking elements. The user will have to sign in or create a personal account by completing a personal data page and valid it. The user declares having read and accepted the present booking conditions and is irrevocably liable to it. His/her acceptance cannot be reconsidered later.
Automatic registering systems established by the seller are considered as a proof of the present final booking. The user will receive a confirmation of the booking via email. This confirmation will remind all the essential information of the booking, the price and the payment method. The content of the booking confirmations is filed by the seller. They are considered as a proof of the user’s consent for the present contract and the date.
5. PAYMENT METHODS
If the user choses to pay online for the service, the payment will be made by credit card or by PayPal. If the user choses to pay by check, the reservation will be confirmed only when the seller receives the complete payment of the chosen service; the seller guarantees the access to the service only after receiving the payment.
6. BOOKING CONFIRMATION AND PRACTICAL INFORMATION
Once payment has been received, the seller provides:
- A document entitled voucher accessible for the user from his/her personal account created on the website exploreparis.com which constitutes a proof of the booking and which can be required for the performance of the service;
- A document entitled “general information” which gathers information concerning the performance of the service, especially the location and time of the meeting for visits and strolls, and also, when necessary, additional administrative documents to provide before the service.
These documents are accessible via an email sent to the customers as soon as the payment is received.
7. CANCELLATION BY THE CLIENT
Any cancellation must be notified to the seller at least fifteen (15) days before the service. In that case, the price of the service will be converted into a discount coupon. If cancellation is notified less than fifteen (15) days before the service, the customer will not be able to get any refund. It will be impossible for the customer to get a refund if the chosen visit requires an ID and has already been submitted to the organizer.
The customer must arrive on the day of the service at the time indicated on the general information form. In case of a late or delayed arrival, or unable to come at the last minute, services still must be paid and cannot be refund in any way.
9. MODIFICATION OF AN IMPORTANT ELEMENT OF THE CONTRACT BY THE BOOKING AGENCY
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. INABILITY OF THE SELLER TO PROVIDE SERVICES SCHEDULED IN THE CONTRACT DURING THE STAY
Refer to Article R211-11 of the French Tourism Code.
The customer is liable for any damages caused by him/her during the service. The seller is covered by professional indemnity insurance as mentioned in the document.
Any claim related to the non-performance or the inadequate performance of the service must be addressed to the seller as soon as possible by registered letter with acknowledgement of receipt.
14. CLAIMS CONCERNING ONLINE BOOKING
Any claim concerning the online booking must addressed to the seller as soon as possible by registered letter with acknowledgement of receipt. After reaching the Agency, and if no satisfying answer in a 60 days delay, the customer can refer to the Tourism and Travel mediator (MTV) at: MTV Médiation Tourisme Voyage BP 80 303 – 75 823 Paris Cedex 17 FRANCE. Modalities/Procedure are accessible on the website: www.mtv.travel
15. COMMITMENT BY THE SELLER – PARTICULAR CONDITIONS FOR ONLINE BOOKING
Online information edition is subjected to the same legal system than traditional edition. The content of the present site is subjected to several laws which confer to the internet user/reader varied rights and duties. The seller and editor of this website commits to respect the effective editorial rules and to assure the accuracy of the information provided to the public. He/she allows the reader to print all or a part of the content presented on the website for his/her personal use only.
16. COMMITMENT BY THE CUSTOMER – PARTICULAR CONDITIONS FOR ONLINE BOOKING
The user commits to respect the rules of intellectual propriety of the varied contents proposed on the website, which involves him/her to not reproduce, summarize, modify or change, with no prior express authorization of the owner of the website, any article, title, application, software, logo, brand, information or illustration for a non-private usage, which excludes any reproduction for professional and lucrative use or massive spread. He/she commits to not copy all or part of the website on another format. The non-respect of these commitments will incur the perpetrator's civil or criminal liability.
17. DISCOUNT COUPON TERMS & USE
A discount coupon can be used within the limit of the number of places available. It is nonrefundable. The value of this discount coupon may not be contested in any way or form, users will not be given any equivalent in money, nor will the coupon be exchanged or replaced no matter the cause.
In case of cancellation of the visit booked by the customer, no refund of the discount coupon or exchange will be made.
In case of cancellation of the visit by the seller, no refund of the discount coupon or exchange will be made. The customer will receive a new discount coupon to use to book the same visit at another date or another visit at the same price proposed on the online boutique.
18. PROTECTION OF PERSONAL DATA
According to the Data Protection Act of January 6th, 1978, the user has at any time a right to access, modify or delete his/her personal data concerning him. If the user wishes to exercise this right, he/she can contact the seller by letter, or contact the seller by email. Data entered on the website remain confidential; the seller does not have access to the data.
It is expressly agreed, except manifest error by the seller, that data kept in the information system of the seller and/or the partners have an evidential value concerning the past orders. Computerized and electronic data kept by the seller represent a proof, and if they are used as a proof by the seller for any litigation procedure or other, they are admissible, valid and opposable between the parties in the same manner and conditions and with the same value as any document to be prepared, received or retained in writing.
20. CANCELLATION PERIOD
Referring to Article L. 221-21-08 of the French Consumer Code, the cancellation period cannot be applied for accommodation services.
21. PROFESSIONAL LIABILITY INSURANCE
The Association exécutive du comité départemental du tourisme de la Seine-Saint-Denis (Executive Association of the Seine-Saint-Denis Tourism Board) subscribed to MACIF insurance company in order to ensure consequences of the professional indemnity insurance that it can incur.