Individual Tourism Services
Article 1. Scope
The website managed by the company La Rochelle Tourisme Evénements located at Quai Louis Prunier – BP 3106 17033 LA ROCHELLE CEDEX and registered under law no. 2009-888 of 22 July 2009 under the number IM 017 110002, Intra-community number FR 76 353 103 948 00033, siret no. 353 103 948 00033.
Tel: +33 (0)5 46 41 14 68 - firstname.lastname@example.org
is an e-commerce website accessible via the Internet at the address www.larochelle-tourisme.com (hereinafter referred to as "the Site").
These general terms and conditions (hereinafter the "GTCs") apply to all sales of services, namely ticketing for guided or commented tours, cultural, sporting, leisure and entertainment events, individual tourist packages under the meaning of the provisions of Article L211-1 of the Tourism Code, for accommodation reservations (hereinafter "the Services") concluded via the Site between the company La Rochelle Tourisme Evénements (hereinafter referred to as "La Rochelle Tourisme Evénements") and an Internet user domiciled in France or a member state of the European Union, having the quality of consumer within the meaning of the provisions of the introductory article of the Consumer Code (hereinafter "the Customer").
These GTCs constitute, with the order and description of the Services, the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs which have only an indicative value.
The fact that the Customer or La Rochelle Tourisme Evénements do not take advantage at a given time of any of these GTCs cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
Article 2. Prior acceptance of the GTCs by the Customer
The placing of an order implies the prior acceptance of these GTCs by the Customer.
To demonstrate their acceptance, the Customer must, before finalising their order, tick a box specifying that they acknowledge having read the GTCs and expressly declare that they accept them without reservation. No order can be placed on the Site without this prior acceptance.
Article 3. Scope of the offer
The range of Services offered on the Site are exclusively intended for:
- the territory of mainland France, and outside departments, regions or overseas communities,
- and adult natural persons having the capacity to contract and having the quality of consumer within the meaning of the provisions of the introductory article of the Consumer Code.
The offers of Services appearing on the Site, as well as these GTCs, are available in French.
Article 4. Registration and identification of the Customer on the Site
In addition to the acceptance of these GTCs, the placing of an order is subject to the prior opening of a customer account (hereinafter "the account") on the Site.
Only a Customer with an account can conclude an online sales contract with La Rochelle Tourisme Evénements.
Opening an account on the Site is free (excluding any connection costs, the price of which depends on the electronic communication operator), and without obligation to purchase on the Site.
The opening of an account is reserved for strictly personal and private use.
To open an account on the Site, the Customer must provide their contact details to La Rochelle Tourisme Evénements allowing them to be identified, i.e. their surname, first name, date of birth, mobile phone number, email address, postal address (invoicing and delivery), username and password.
When opening this account, the Customer agrees to provide only accurate, complete and up-to-date information.
The Customer must in particular ensure the validity and updating of the email address, as well as the contact details they communicate when opening the account. The email address is considered a personal address to which all messages sent by La Rochelle Tourisme Evénements will be sent, and will also be used as the Customer's login identifier on the Site.
The Customer undertakes to proceed without delay with any change affecting their contact details, using the dedicated space made available to them from their account.
To access their account and place an order, the Customer must enter their username and password.
The username and password are strictly personal and confidential. The Customer is prohibited from disclosing or assigning them to a third party. Any order placed using this username and password will be deemed to have been made by the Customer and will therefore bind the latter with regard to La Rochelle Tourisme Evénements.
In the event of loss, misappropriation or fraudulent use of the username and/or password, the Customer must notify La Rochelle Tourisme Evénements customer service as soon as possible by email at the following address: email@example.com. After verifying the identity of the account holder, a link to the page for modifying the username and password of the account will be sent by email by La Rochelle Tourisme Evénements to the Customer's email address.
Article 5. Characteristics of Services
In accordance with Article L.221-5 of the Consumer Code, the Customer is informed, prior to placing an order and/or concluding a contract, of the general and specific conditions of sale, and in particular of all characteristics of the Services present on the Site, as well as their prices. The Customer is required to refer to the description of each Service to understand its characteristics.
The conditions of participation for certain Services offered by La Rochelle Tourisme Evénements are detailed on the Site and have contractual value,
For any questions or additional details, the Customer can also contact customer services by email at firstname.lastname@example.org or by phone at _05 46 41 14 68 between 10.00am and 1.00pm and 2.00pm and 5.00pm Monday to Friday.
The Service offers are identified on the Site by one or more photos, a descriptive text, the places and dates of the events, and a price in euros, including VAT at the current rate, excluding any local taxes, in particular tourist tax in the case of a seasonal rental.
Article 6. Intellectual property
All texts, comments, illustrations and images reproduced or represented on the Site are strictly reserved under intellectual property law, for the entire duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the intellectual property code, only use for private purposes, subject to contrary or more restrictive provisions provided for by said code, is authorised. Any reproduction, representation, modification or total or partial adaptation of the Site and/or all or part of the elements found on the Site or incorporated therein is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are also protected. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorisation of the rights holder.
Article 7. Methods for placing and validating an order on the Site
The contract is concluded between La Rochelle Tourisme Evénements and the Customer via the Site according to the following steps:
- The Customer selects the desired Service(s). They are informed in real time of the availability of the Services.
- Then the Customer confirms their choices by validating their basket.
- The Customer logs into their account using their username and password, or if they are not already registered, opens an account according to the procedures defined in article 4 "Registration and identification of the Customer on the Site”.
- The Customer confirms the email address at which they wish to receive their tickets, reservations or vouchers in electronic format.
- A window opens with a summary of the contents of the order, and its total amount including all taxes, for validation by the Customer. The latter then has the option of modifying their order in whole or in part, in particular with regard to the Services selected and the billing address. In this case, a new order summary is submitted to the Customer.
- Before validating the order, expressly reminding them that placing an order requires its payment, the Customer reads these GTCs which appear on the Site and confirms their acceptance by ticking the box provided for this purpose.
- The Customer proceeds to the secure payment for the order by confirming the details of their credit card. At this stage, the Customer can no longer modify or cancel their order.
- After verifying the order and the effectiveness of the payment, La Rochelle Tourisme Evénements sends an email confirming the order, with a summary of it, as well as the GTCs (accessible in pdf format).
If the Customer fails to receive an order confirmation email within a clear period of forty-eight hours after placing the order, the order is automatically cancelled. In this case, the Customer is assured that their bank account will be re-credited.
The range of Services are offered only within the limits of available stocks.
In the event of unavailability of one or more Services after placing the Customer's order, La Rochelle Tourisme Evénements will inform the latter as soon as possible by email, and the entire order will be automatically cancelled. In this case, the Customer is assured that their bank account will be re-credited.
- La Rochelle Tourisme Evénements debits the amount of the order concerned from the Customer's bank account.
- Once the order has been confirmed by La Rochelle Tourisme Evénements according to point 8), the latter undertakes to send in electronic format to the Customer's email address the supporting documents for the Services (tickets, reservations, vouchers, etc.) relating to said order as soon as possible.
If the Service does not comply with the order, the Customer must as soon as possible send a complaint to La Rochelle Tourisme Evénements in accordance with article 18. “Complaint handling” below, with a view to obtaining the replacement of the Service in question, or possibly termination of the contract.
La Rochelle Tourisme Evénements reserves the right not to follow up on an order placed by the Customer for legitimate reasons as provided for in Article L.121-11 of the Consumer Code.
Article 8. Price
The Service offers are identified on the Site by one or more photos, a descriptive text and a price in euros, including VAT at the current rate, excluding any local taxes, in particular tourist tax in the case of a seasonal rental, or accommodation.
The price does not include the cost of optional insurance that may be offered as part of certain Services and the associated administrative costs.
The offers and prices appearing on the Site are valid as long as they remain visible on the Site, and subject to available stocks.
The fact of the Customer validating their order implies the obligation for them to pay the price indicated.
La Rochelle Tourisme Evénements reserves the right to modify the prices of the Services offered online on the Site at any time.
The Services will be invoiced according to the prices displayed online at the time of confirmation of the order in point 7) of article 7 “Methods for placing and validating an order on the Site”.
Article 9. Payment
Payment for orders is by credit card (Visa, Mastercard, other bank cards) on the La Rochelle Tourisme Evénements website.
In the event that the payment authorisation is refused by the banking institution, the Customer's order will be automatically cancelled. In this case, an email confirming cancellation is sent to the Customer with the references of the order concerned.
Any amount paid by the Customer for the Service, which does not represent the full purchase price, constitutes a deposit on the sale price definitively due by the Customer.
No banking information is saved in the databases.
Article 10. Payment security
The site has an online payment security system allowing the Customer to encrypt the transmission of their bank details. The PayBox service meets all market security obligations: the security of the Customer's bank details is ensured, as is their authentication directly with their bank.
To protect the Customer against possible intrusion or data capture, La Rochelle Tourisme Evénements does not store credit card numbers on its computer servers.
Article 11. No withdrawal period
It is specified that pursuant to the provisions of Article L221-28 of the Consumer Code, the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or period do not benefit from the right of withdrawal provided for in articles L221-18 et seq. of the Consumer Code.
Similarly, pursuant to the provisions of Article L221-2 of the Consumer Code, contracts relating to a tourist package do not benefit from the right of withdrawal provided for in Articles L221-18 et seq. of the Consumer Code.
Article 12. Legal guarantees
It is specified that La Rochelle Tourisme Evénements is bound by the legal guarantee of conformity on goods sold mentioned in articles L.217-4 et seq. of the Consumer Code, and that relating to defects of the item sold under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.
Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the Civil Code, are reproduced in full in Appendix 1 below.
Article 13. Personal data
In accordance with the legislation and regulations applicable to the processing of personal data and, in particular, law no. 2018-493 of 20 June 2018 relating to the protection of personal data, and regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016, it is specified that La Rochelle Tourisme Evénements ensures that it only collects and processes personal data that is strictly necessary to manage the customer account, and for order processing and tracking.
This personal data is processed by La Rochelle Tourisme Evénements (and its subcontractors) as part of purchase transactions carried out via the Site, and may be transmitted as such to specific recipients necessary for the execution of sales and the completion of formalities and declarations relating thereto.
This personal data is not resold to third parties for advertising or other purposes, and is not subject to any transfer outside the territory of the European Union.
La Rochelle Tourisme Evénements undertakes to ensure the security of the personal data it keeps for the purposes of fulfilling and monitoring orders.
In accordance with the regulations, the Customer has a right to access, rectify, delete, limit the processing of, and transfer personal data concerning them, as well as the right to define their fate after death, which may be exercised by email to email@example.com or by post to the Seller's address "La Rochelle Tourisme - Quai Georges Simenon - Le Gabut - 17000 LA ROCHELLE", accompanied by a copy of a signed identity document. In the event of dispute, the Customer also has the right to contact the CNIL.
Article 14. Electronic evidence - archiving
Unless proven otherwise, the data recorded in the computer system of La Rochelle Tourisme Evénements constitutes proof of all transactions concluded with the Customer through the Site.
In accordance with article L134-2 of the Consumer Code, La Rochelle Tourisme Evénements proceeds, for any order of an amount greater than €120, to archive the sales contract concluded with the Customer for a period of 10 years.
The following are thus preserved: details of the order, a description of the Services ordered, the general conditions of sale in force on the day of the order, and the elements provided by the Customer for placing the order.
The Customer may access the archived electronic contract by sending a written request to La Rochelle Tourisme Evénements by email to firstname.lastname@example.org or by post to La Rochelle Tourisme – Quai Georges Simenon – Le Gabut – 17000 LA ROCHELLE, specifying the order number and their contact details.
Article 15. Liability
In accordance with Article L221-15 of the Consumer Code, La Rochelle Tourisme Evénements is not liable in the event of non-execution of the order attributable to the Customer, to the unforeseeable and insurmountable fact of a third party, or to a case of force majeure.
Article 16. Insurance
La Rochelle Tourisme Evénements has taken out specific civil liability cover with AXA ASSURANCES covering the risks associated with the sale of Services under these GTCs.
Article 17. Force majeure
None of the parties can be held responsible for the non-execution, failures or delays in the execution of any of its obligations which would be due to the fact of the other party or occurrence of a case of force majeure within the meaning of the provisions of article 1218 of the Civil Code. Force majeure suspends the obligations arising from this contract for the full duration of its existence.
Cases of force majeure, without this list being exhaustive, include any act of strike, social unrest, lockout, riots, revolutions, war whether declared or not, fires, explosions, earthquakes, interruption to transport, shortage of raw materials, as well as all interventions by the public authority, temporary closure by administrative or government decision, embargo or act of government.
The Party noting the event must immediately inform the other party of its inability to perform its service and justify it to the latter. The suspension of obligations can in no case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or late payment penalties.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of thirty (30) days. Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make their best efforts to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt.
Article 18. Complaint handling
At any time, the Customer has the option of contacting La Rochelle Tourisme Evénements to formulate any request or complaint relating to the Services ordered by using the messaging tool available on their account.
Apart from the settlement of disputes through the provisions of article 17 "Consumer mediation", or article 18 "Online dispute resolution platform", complaints are sent directly in writing by the Customer to La Rochelle Tourisme Evénements, using the messaging tool provided on their account, or by registered letter with acknowledgment of receipt to "La Rochelle Tourisme - Quai Georges Simenon - Le Gabut - 17000 LA ROCHELLE", with indication of the references of the order concerned.
Article 19. Consumer mediation
In accordance with the provisions of article L616-1 of the Consumer Code concerning the amicable settlement of disputes:
Contact details of the Mediator:Association Médiation Tourisme et Voyage,
In the event of a dispute, the Customer may file a complaint on the website: https://www.mtv.travel
or by mail by writing to Association Médiation Tourisme et Voyage, BP 80 303 75 823 Paris Cedex 17
The Customer may use this mediation service for consumer disputes related to a purchase made on the Site.
In accordance with the rules applicable to mediation, any consumer dispute must be sent in advance via the procedure referred to in 16 “Complaint handling”, before any request for mediation.
Article 20. Online dispute resolution platform
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, allowing independent out-of-court settlement of online disputes between consumers and industry professionals of the European Union.
This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Article 21. Partial nullity
If one or more stipulations of these GTCs are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
Article 22. Applicable law - Language - Litigation
These general terms and conditions of sale are entirely and exclusively subject to French law.
Only their French version is admissible between the parties in the event of a dispute, even in the presence of translations, these, by express agreement, being provided for simple convenience and so cannot have any legal effect.
Any dispute relating to the formation, validity, interpretation and/or execution of these GTCs falls within the jurisdiction of the French courts.
Article 23. Legal mentions
In accordance with Article R. 211-12 of the Tourism Code, Articles R. 211-3 to R. 211-11 of the said Code are reproduced below in Appendix 2.
Article L.217-4 Consumer Code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to them by the contract or has been carried out under their responsibility.
Article L.217-5 Consumer Code
The good is in accordance with the contract:
1 If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;
2 Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from delivery of the good.
Article L. 217-16 Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to them during the acquisition or repair of movable property, for remediation covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining warranty period.
This period runs from the request for intervention by the buyer or provision for repair of the item in question, if this provision is subsequent to the request for intervention.
Article 1641 Civil Code
The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price, if they had known about it.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovering the defect.