Article 1: Preamble
These general terms and conditions of sale apply ipso jure to all the seller's services.
The present special terms and conditions of sale govern the relationship between the SPL Office de tourisme Terres de Corrèze, a local tourist organisation in accordance with Article L211-1(II) of the French Tourism Code, and its customers. Registered with the Registre du Commerce et des Sociétés under number: 881243414 RCS Brive.
Residing at 10 place de la Libération, 19140 Uzerche. Whose legal representative is Mr Alain Tisseuil in his capacity as Chairman and Chief Executive Officer.
These special terms and conditions of sale comply strictly with the regulations in force and apply to all bookings made from 1st December 2020. The customer acknowledges having read these special terms and conditions of sale and having accepted the terms by signing the booking proposed by SPL Office de tourisme Terres de Corrèze, which together with the general terms and conditions of sale set out in articles R211-3 to R211-11 of the French Tourism Code and these special terms and conditions of sale form the contract, as this term is defined in article 2 below.
Article 2: Definitions
Sales SPL Office de tourisme Terres de Corrèze: refers to the SPL Office de tourisme Terres de Corrèze, a local tourist organisation that offers tourist services for sale in its geographical area of operation.
Customer Customer: Refers to the person who purchases or reserves a tourist service, it being understood that the customer may not be the beneficiary or participant of the tourist service, depending on whether the customer wishes to benefit personally from the tourist service or whether he/she wishes a third party to benefit from it.
Beneficiary or participant The natural person who consumes the tourist service purchased by the customer from the vendor.
Contract Contract: Refers to all the reciprocal commitments made by the seller on the one hand, and the customer on the other, relating to the reservation or purchase of a tourist service. The contract is made up of the general terms and conditions of sale applicable to the seller and the booking conditions specific to the tourist service selected by the customer.
Distribution channel The technical means by which the seller offers the customer to book or buy a tourist service (telephone, website, physical reception, etc.).
Party: Refers to the seller or the customer, depending on the meaning of the sentence in which it appears. In the plural, it refers to both the seller and the customer.
Website Website: Refers to the seller's website, which can be found at www.terresdecorreze.com.
Article 3: Prior or pre-contractual information
The descriptive information relating to the tourist service offered by the seller and appearing on the website or on the document given to the customer by the seller constitutes the prior or pre-contractual information given to the customer within the meaning of article L. 211-8 of the French Tourism Code. The elements of this prior or pre-contractual information listed in article R211-4 of the Tourism Code are binding on the vendor.
However, the vendor reserves the right to make changes to these elements of the prior information provided that these changes are made to the customer in writing before the contract is concluded, in accordance with the conditions set out in articles R211-5 and L211-9 of the French Tourism Code.
Article 4: Booking process
If one or more services are booked off-line, the booking process is as follows: orders placed by the customer are made using the "booking form", which the customer must print out from home and send by post or e-mail to Terres de Corrèze Tourist Office, at the following address: 10 place de la Libération, 19140 Uzerche or [email protected].
On receipt, Terres de Corrèze Tourist Office will send the customer, by e-mail or to the address indicated by the customer, the booking contract together with these general terms and conditions of sale and the standard form.
The customer must then return all these signed documents to the Tourist Office within 30 days of the date of the service, together with a deposit cheque for 25% of the total cost of the service or the full cost of the service if the booking is made less than 30 days before the start of the service.
On receipt of the signed documents, Terres de Corrèze Tourist Office will acknowledge receipt to the customer and the booking will be confirmed.
7 days before the day of the tour, the customer must confirm to the vendor the number of participants in the tour. Terres de Corrèze Tourist Office will then send out vouchers for the service(s) booked, which the customer will give to the service providers on the day of the visit.
Article 5: Prices
The price of the tourist service, displayed on the website or on the prior information document and given by the vendor to the customer, is that in force at the time of consultation by the customer.
It corresponds to the price of the tourist service, exclusive of tax since the SPL Office de tourisme Terres de Corrèze is not subject to VAT, as described in article 293B of the French General Tax Code.
The terms of payment for this price are also shown on the website or in the prior information document.
The final price of the tourist service, including all costs, is indicated to the customer before the contract is definitively formed.
Article 6: Price review
The price of the tourist service may not be modified by the vendor after the contract has been formed, except in the cases exhaustively provided for in article L211-12 of the Tourism Code and no later than 21 days before the start of the tourist service. In this respect, the booking information must include the parameters for the possible revision of the price and the way in which the revision of the price can be calculated according to these parameters.
Under no circumstances may the customer request cancellation of the booking on the grounds of a price revision unless, as a result of this revision, the price increase is greater than 8% compared to the price initially agreed when the contract was formed.
Article 7: Terms of payment
The reservation becomes firm and definitive and the contract formed when a deposit representing at least 25% of the total price of the tourist service is received by the vendor. The balance of the price is due no later than 30 days after receipt of the invoice provided to the customer by the Tourist Office.
For bookings made less than 30 days before the start of the tourist service, full payment of the price of the tourist service is systematically required at the time of booking.
Article 8: Exchange voucher
As soon as full payment has been received, the vendor will send the customer an exchange voucher containing practical information relating to the consumption of the tourist service. It is not compulsory for the customer to give this exchange voucher to the partner.
On arrival, customers will be able to quote their booking reference and show proof of identity in the name of the booking file.
Article 9: Arrival
The customer must arrive on the agreed day and at the times indicated on the exchange voucher. In the event of a late or delayed arrival or a last-minute impediment, the customer must notify the partner whose address and telephone number appear on the exchange voucher. The price of any tourist services not taken up as a result of this delay will remain payable and the delay will not give rise to any reimbursement. The duration of the visit may be postponed by the equivalent of the delay only if this is possible for the service provider. If this is not possible for the service provider, the tour will end at the originally scheduled time and the customer will be held responsible for the delay.
Article 10: Duration
The customer who signs the contract, concluded for a fixed period, may not under any circumstances claim any right to remain in the premises after the dates mentioned in the contract.
Article 11: No right of withdrawal
In accordance with article L221-18 12° of the French Consumer Code, the customer has no right of withdrawal following the purchase or reservation of a tourist service offered by the seller.
Article 12: Modification by the seller
The vendor may unilaterally modify the terms of the contract after the contract has been formed and before the tourist service begins, without the customer being able to object, provided that the modification is minor and that the customer is informed as soon as possible in a clear, comprehensible and visible manner on a durable medium.
In the event of unilateral modification by the vendor of a tourist service booked on a firm and definitive basis and if this modification is not minor and concerns an essential element of the contract, such as an increase in the price of more than 8% compared to the initial price in the event of application of the price revision clause, the customer has the option of either accepting the modification proposed by the vendor, or cancelling the contract without charge. If the contract is cancelled, the customer will immediately receive a refund of the sums paid for the reservation.
Article 13: Changes made by the customer
The vendor must be notified in writing of any request by the customer to modify the tourist service booked on a firm and definitive basis.
If the number of participants is lower than the number booked, the group will be charged the amount corresponding to the number of participants indicated 7 days prior to the event, as shown on the exchange voucher(s).
If the group turns up in greater numbers than those booked, it will be invoiced the amount corresponding to the number of participants indicated 7 days before the service, plus the number of participants added.
Article 14: Cancellation by the customer
The vendor must be notified in writing of any request by the customer to cancel the tourist service booked on a firm and definitive basis. The date of receipt of this written amendment will be the date used for calculating the costs referred to below:
- more than 31 days before the start of the service: full refund,
- between 30 and 21 days before the start of the service: 25% of the total price of the service will remain payable to the Tourist Office,
- between 20 and 8 days before the start of the service: 50% of the total price of the service will remain payable to the Tourist Office,
- between 7 and 2 days before the start of the service: 75% of the total price of the service will remain payable to the Tourist Office,
- less than 48 hours before the start of the service: 100% of the total price of the service will remain due to the Tourist Office.
The costs of resolution are paid by the customer to the vendor and are deducted accordingly from the sums already paid by the customer in respect of the reservation.
Article 15: Termination by the seller
The seller may cancel the reservation without charge before the start of the tourist service in the following two cases:
- If the number of people booked for the tourist service is less than the minimum number indicated on the booking form and in the brochure, and if the cancellation is made no later than 20 days before the start date if the tourist service lasts more than 6 days, 7 days before the start date if the tourist service lasts between 2 and 6 days, or 48 hours before the start date if the tourist service lasts no more than 2 days.
- If the seller is prevented from providing the tourist service due to exceptional and unavoidable circumstances and if the cancellation occurs as soon as possible before the start of the tourist service.
In the cases listed above, the customer is entitled to a full refund of payments made, but not to additional compensation for any loss suffered.
In all other cases, the vendor who unilaterally cancels a tourist service reserved on a firm and definitive basis is liable to the customer not only for the immediate reimbursement of the sums paid by the customer in respect of this reservation, but also for compensation corresponding to the indemnity that the customer would have had to pay if the cancellation had been made by the vendor on the same date and as mentioned in article 14 above.
Article 16: Assignment of the contract
The customer may transfer the contract to a third party who meets the same conditions as him/her for consuming the tourist service. In this case, the customer must inform the vendor of their decision by registered letter with acknowledgement of receipt no later than 7 days before the start of the tourist service. In the event of transfer, the customer is jointly and severally liable with the third party and vis-à-vis the vendor for payment of the balance of the price as well as any additional costs incurred as a result of this transfer.
Article 17: Interruption of service
If the tourist service is interrupted by the customer before the scheduled end date, no refund will be made by the vendor.
Article 18: Complaints
Any complaint relating to the non-performance or improper performance of the contract must be addressed to the seller in writing.
Article 19: Tourism ombudsman
After contacting the seller and failing a satisfactory response from the seller within 60 days, the customer may refer the matter to the Tourism and Travel Ombudsman (MTV), whose contact details are as follows: MTV Médiation Tourisme Voyage BP 80303 - 75823 Paris cedex 17, and whose contact details are available on the website: www.mtv.travel.
Article 20: Evidence
It is expressly agreed between the parties that the data kept in the Information System of the seller and/or its partners concerning the elements of the tourist service have the same evidential value as any document drawn up, received or kept in writing.
Article 21: Personal data
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, otherwise known as the General Data Protection Regulation or GDPR, and Law number 2018-493 of 20 June 2018 on the protection of personal data, set out the legal framework applicable to the processing of personal data.
As part of its business of selling tourist services, the seller implements and operates processing of personal data relating to customers and beneficiaries.
Identity of the seller - PII insurance - financial guarantee
Information about the seller :
SPL Terres de Corrèze
Registration number: IM019210001
SIRET NUMBER: 88124341400011
APE Code: 7990Z
Registered with the Registre du Commerce et des Sociétés under number: 881243414 RCS Brive.
Address: 10 place de la Libération, 19140 Uzerche
Telephone: 05 55 73 15 71
E-mail: [email protected]
PII insurance :
The seller has taken out professional civil liability insurance, number 769509204, with AXA, to cover the consequences of professional civil liability that the seller may incur.
Financial guarantee :
Groupama Credit & Surety Insurance
8 - 10 rue d'astorg 75008 Paris