These general terms and conditions of sale relate to the operation of services concluded between a professional, the SARL AGENCE NAOW EXCURSION, and the consumers, users of the services offered by the Agency.
These provisions are framed by the consumer code.
Article 1 – scope of application
These general terms and conditions of sale apply as of right to the following services:
- Formula excursions:
Day formula including return transport from NANTES, accompaniment, lunch restoration, entries on the sites provided for in the programmes, any activity or service mentioned in the detailed programme sent by e-mail to the customer .
Departure conditions subject to minimum 4 persons. Cancellation 48 hours before by the Agency.
All inclusive package ranging from €80.00 to €180.00 TTC.
- Getaway formula:
Formula for the day or half-day including the return transport of NANTES, the entrances to the sites provided in the programs any activity or service mentioned in the detailed program sent by e-mail to the customer.
Departure conditions subject to minimum 2 persons. Day cancellation possible for lack of sufficient participants.
All inclusive package ranging from €20.00 to €80.00 TTC.
Formulated for the day or half-day including return transportation, and any other detailed service in the program sent by email to the customer.
Departure conditions subject to minimum 4 persons. Cancellation 48 hours before by the Agency possible for lack of sufficient participants.
Package ranging from €30.00 to €200.00 TTC.
Design of tourist circuits on demand for one or more days. This offer includes the reservation of the services (transport, catering, accommodation, activities…) but does not include the accompaniment, all the services are outsourced.
Validation on quotation, with payment of a deposit of 30% for the purpose of validation of the order.
Period of validity of the quotation: 30 days.
All programs are developed by the seller, they may be subject to change depending on the circumstances of the case, without causing harm to the purchaser.
They apply to the exclusion of any other conditions, including those applicable to Internet sales or through other distribution and marketing channels.
The sale is deemed to be concluded on the date of acceptance of the order or for immediate purchase by the seller.
Prior to this date, these terms of sale are made available to any purchaser for informational purposes.
Any order or immediate purchase implies the unqualified adherence to these general conditions of sale which prevail over all other conditions, except those which have been expressly accepted by the seller.
The purchaser declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this regard, they are enforceable in accordance with the terms of article 1119 of the civil code.
Article 2 – pre-contractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the purchaser, who acknowledges having knowledge of it.
The following information is communicated to the purchaser in a clear and understandable manner:
- the essential characteristics of the good or service;
- the price of the good or service;
Article 3 – order
By order, you must hear any order relating to the services listed on the prices of the seller, and accepted by him, accompanied by the payment of the deposit possibly provided on the order form.
Any order, to be valid, must be established by the seller, at the disposal of the customer by the different means of communication.
The order is made on the virtual basket by indicating the type of formula and the quantities desired, the finalization occurs when the customer provides the information regarding the delivery and the method of payment. The payment of the order must be made via the EVENBRITE platform.
Any order received to the seller is deemed firm and definitive.
It entails full and complete acceptance of these general conditions of sale and obligation to pay the ordered products.
Article 4 – quotation
For the services giving rise to the preparation of a preliminary quotation, the sale will be considered definitive only after the preparation of a quotation by the supplier and send to the purchaser of the confirmation of the acceptance of the order and the payment of 30% deposit when it is due.
The quotations prepared by the claimant have a validity period of 30 days.
Article 5 – performance of the service and resolution of the contract
The seller undertakes to execute the forms of visits ordered on the Internet on the day foreseen in the commercial offer approved by the customer.
The visits and other services ordered are executed according to the description presented for each of the online offers, accepted by the customer when validating his order.
In the event of seller’s failure to fulfil its obligation to execute on the date or expiry of the time limit set out above, the purchaser may resolve the contract, under the conditions of articles L. 216-2, L. 216-3 and L. 216-4 of the consumer code, by registered letter with a request for a notice of receipt or in writing on another durable medium, if, after having ordered, on the same terms, the professional to provide the service within a reasonable additional period, the latter did not execute within that period.
The contract shall be deemed to be resolved upon receipt by the professional of the letter or the written notice of the resolution, unless the professional has performed in the meantime.
However, the purchaser may immediately resolve the contract when the trader refuses to provide the service or fails to perform his obligation to supply the service on the scheduled date, if that date or period constitutes for the purchaser a essential condition of the contract. This essential condition arises from the circumstances surrounding the conclusion of the contract or an express request from the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the service provider.
Except in cases of force majeure, the deposit paid to the order is acquired as of right and cannot give rise to any reimbursement.
Article 6 – reimbursement
In view of the e-tourism services offered by the Agency NOAW ECURSION, and in accordance with the provisions of article L. 121-21 of the consumer code, the customer does not have the right of withdrawal of 14 days.
Article 7 – cancellation of the order
In the event of cancellation of the order by the purchaser after acceptance by the seller, for any reason other than force majeure, a sum of an amount specified below will be forfeited to the seller, as damages and interest in compensation for the damage and Suffered:
- Between 48H and 7 days – 50% of the total amount of the benefit;
- Below 48H – 100% of the total amount of the benefit.
Article 8 – force majeure
The seller’s liability may not be implemented if the failure to perform or delay in the performance of any of its obligations described in these general conditions of sale arises from a case of force majeure.
As such, force majeure means any external event, unpredictable and irresistible within the meaning of article 1218 of the civil code.
Article 9 – liability
From the seller:
It is expressly agreed that the seller is subject to an obligation of means in the performance of his services. By mutual agreement the parties agree that the seller’s liability may only be incurred by the customer in the event of a proven fault.
The seller’s liability is, by mutual agreement, and all generator facts combined, limited to the sums actually paid by the customer.
Moreover, the client will have to do his utmost to take the measures reasonably necessary for the non-aggravation of his damage.
The seller reserves the right to interrupt the current performance in the event of various degradation (vehicle, vines…) or offences committed by the client (use of narcotics…) or if the behaviour of the client jeopardizes the safety of the driver and other Passengers.
The seller reserves the right, in case of fault of the acquirer, to request repairs in case of damages committed by the purchaser.
Article 10 – resolution
In the event of a serious breach of one of the parties, not repaired within 30 (thirty) days from the sending of a letter of formal notice LRAR mentioning the breach in box and this Resolutive clause, the other party may pronounce as of right the resolution of the order concerned without prejudice to any damages and interests to which it may claim hereunder.
During the term of the contract, in case of early resolution of the contract by the client not following a contractual breach of the claimant, the client will pay the claimant a fixed and definitive indemnity defined in the purchase order, the proposal or, failing that, 95 (ninety-five) per cent of the remaining amounts to be invoiced.
Article 11 – price
The prices are firm and definitive. Except for specific special conditions specific to the sale, the prices of the services performed are those listed in the price list on the day of the order.
They are expressed in legal currency and stipulated all taxes included.
Article 12 – payment
Unless otherwise expressly provided for by the special conditions, the payment of the price shall be made in cash at the order. No order may be taken into account in the absence of a full payment on that date.
Except for the tailor-made formula, a deposit of 30% of the order is required when placing the order by the purchaser.
Article 13 – penalties for delay
Delay penalties due in case of non-payment on the settlement date: 3 times the legal interest rate (the late penalties are due without a reminder being required). Lump sum allowance for recovery costs in the event of payment of €40.00.
Article 14 – warranties/General
SARL AGENCE NAOW EXCURSION, domiciled at 3, Avenue Paul Cézanne – NANTES (44100) guarantees the conformity of the services to the contract, allowing the purchaser to make an application under the legal guarantee of conformity provided for in articles L. 217-11 and of the code of consumption or of the guarantee of defects of the sold thing within the meaning of articles 1641 and following of the civil code.
This warranty covers defects in conformity or hidden defects arising from a defect in the design or execution of the services ordered.
The service provider’s guarantee is limited to reimbursement of the services actually paid by the purchaser and the claimant may not be considered responsible or failing for any delay or non-performance resulting from the occurrence of a case of force majeure .
The purchaser must make known to the claimant, defects and/or defects of conformity within a maximum period of 24 hours from the delivery of the services.
Article 15 – intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of SARL AGENCE NAOW EXCURSION, the sole proprietor of the intellectual property rights in these documents, and must be returned to him at his in demand.
Customer buyers undertake not to make any use of these documents, which may infringe the supplier’s industrial or intellectual property rights and undertake not to disclose them to any third party.
Article 16 – protection of personal data
The personal data collected on this website of the SARL AGENCE NAOW EXCURSION are as follows:
- Account opening
When creating the user’s account, his/her name, surname, email address and date of birth.
When connecting the user to the platform, the latter records, in particular, his/her name, surname, login, usage, location data and payment data.
The use of the services provided on the platform allows to fill in a profile, which may include an address and a telephone number.
As part of the payment of the products and services offered on the platform, the latter records financial data relating to the user’s bank account or credit card.
When the platform is used to communicate with other members, the data concerning the user’s communications are subject to temporary storage.
Cookies are used, as part of the use of the website. The user has the option to disable cookies from his browser settings.
- Use of personal data
The personal data collected from users is intended to provide the services of the platform, their improvement and the maintenance of a secure environment. Specifically, the uses are as follows:
- access and use of the platform by the user;
- management of the operation and optimization of the platform;
- verifying, identifying and authenticating user-transmitted data;
- implementation of user support;
- Customizing services by displaying advertisements based on the user’s browsing history, according to their preferences;
- preventing and detecting fraud, malware (malicious softwares or malicious software) and managing security incidents;
- management of any disputes with users;
- sending commercial and advertising information, depending on the user’s preferences.
1.3 sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- When the user uses the payment services, for the implementation of these services, the platform is in connection with third-party banking and financial companies with which it has contracted;
- When the user publishes publicly available information in the free comment areas of the platform;
- When the user authorizes a third party’s website to access its data;
- When the platform uses service providers to provide user support, advertising and payment services. These providers have limited access to the user’s data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on protection of personal data;
- If required by law, the platform may carry out the transmission of data in response to claims against the platform and comply with administrative and judicial procedures;
- If the platform is involved in a merger, acquisition, transfer of assets or judicial recovery process, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
1.4 transfer of personal data
Due to the Organization of the company responsible for the EVENTBRITE platform, within an international group, the user authorizes the platform to transfer, store and process its information in the United States. The laws in force in that country may differ from the laws applicable in the user’s place of residence within the European Union. By using the platform, the user consents to the transfer of his personal data to the United States.
The platform remains responsible for the personal data that is shared with third parties as part of the privacy shield.
The platform complies with the privacy shield rules, a shield for data protection between the European Union and the United States, as formulated by the u.s. Department of Commerce regarding the collection, use and retention of data at transferred to the United States from the European Union. The platform has told the u.s. Department of Commerce that it adheres to the privacy shield principles. In the event of a conflict between the terms of the clause and the privacy shield principles, the latter will prevail.
1.5 security and confidentiality
The platform implements organisational, technical, software and physical measures in the field of digital security to protect personal data against tampering, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the platform cannot guarantee the security of the transmission or storage of information on the Internet.
1.6 implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights:
- they can update or delete the data that affects them by logging into their account and configuring the settings for that account;
- they can delete their account, by writing to the following e-mail address: Privacy@eventbrite.com. It should be noted that information shared with other users, such as posts on the forums, can remain visible to the public on the platform, even after deleting their account;
- they can exercise their right of access, to know the personal data concerning them, by writing to the following e-mail address:….. (to be completed). In this case, prior to the implementation of this right, the platform may request proof of the user’s identity in order to verify its accuracy;
- If the personal data held by the platform are inaccurate, they may request the updating of the information, by writing to the following e-mail address: Privacy@eventbrite.com;
- users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: Privacy@eventbrite.com
1.7 evolution of this clause
The platform reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the platform undertakes to publish the new version on its website. The platform will also notify users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
Article 15 – competent court
All disputes to which the purchase and sale transactions concluded pursuant to these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their aftermath and which could not have been resolved amicably between the seller and the client, will be submitted to the competent courts under the conditions of common law.
For the definition of the competent court, the seller elects domicile at 3, Avenue Paul Cézanne – NANTES (44100).
Article 16 – mediation
The purchaser may use conventional mediation, in particular from the consumer Mediation Commission or from existing sectoral mediation bodies, or to any alternative dispute resolution (conciliation, by example) in the event of a dispute.
The competent mediator will be the following:
Atlantic mediation (Association Loi de 1901)
25 Rue La Noue Bras de fer
02 40 84 10 24