1. Vendor designation
This site www.larochelle-tourisme.com is published by:
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 - email@example.com
2. General provisions relating to these general terms and conditions of sale (hereinafter, the GTCS)
2.1. Purpose of the GTCS
The GTCS are applicable exclusively to sales online and over the counter of the products and services of the La Rochelle Tourist Office presented on the website www.larochelle-tourisme.com.
2.2. Scope of the GTCS
The GTCS exclusively govern sales contracts online and over the counter of products of La Rochelle Tourist Office to purchasers who have the status of consumers (hereinafter, consumers) and constitute, together with the order form and description of the services, contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of products which have only indicative value. The GTCS are exclusively applicable to products delivered to consumers established in France and/or in a member country of the European Union, as well as to services provided in France.
The GTCS, as well as all the contractual information mentioned on the website, are written in French. The versions in foreign languages appearing on the site are purely informative. Only the French language version of the GTCS is valid.
The consumer must be at least 18 years old and have the legal capacity to contract to place any order.
2.3. Availability and enforceability of the GTCS
The GTCS are made available to consumers on the website www.larochelle-tourisme.com, where they can be consulted directly, and can also be communicated to them on request by telephone, email or post.
The GTCS are enforceable against the consumer who acknowledges, by ticking a box provided for this purpose when ordering on the website, having read and accepted them before placing an order with obligation to pay.
Validation of the order by their confirmation implies acceptance by the purchaser of the GTCS in force on the day of the order, the conservation and reproduction of which are ensured by the professional vendor in accordance with article 1369-4 of the Civil Code.
2.4. Modification of the GTCS
The professional vendor reserves the right to modify its GTCS at any time. In the event of modification of the GTCS, the applicable GTCS are those in force on the date of the order, a copy of which dated to that day can be given to the consumer at their request.
2.5. Clauses of the GTCS
The nullity of a contractual clause does not entail the nullity of the GTCS.
The temporary or permanent non-application of one or more clauses of the GTCS by La Rochelle Tourisme Evénements cannot constitute a waiver on its part of the other clauses of the GTCS, which continue to have effect.
The products and services offered for sale presented on the website are each subject to an established description. The photographs illustrating the products do not constitute a contractual document.
The conditions of participation for each of the services offered by La Rochelle Tourisme Evénements are detailed on the website and have contractual value,
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
The products comply with the requirements of French law in force at the time of their placing on the market.
The sale prices, in accordance with article L. 113-3 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalogue, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page;
The selling price of the product is that in force on the day of the order.
In the event of a price promotion, the professional vendor undertakes to apply the promotional price to any order placed during the promotion period.
The online sales offers presented on the site are reserved for consumers located in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the website are valid, within the limits of available stocks.
Acceptance of the offer by the consumer is validated, when it occurs on order through the website, in accordance with the double click process, by confirmation of the order with obligation to pay.
When a sale takes place over the counter, acceptance of the order by the vendor results from the direct delivery of the products ordered. Any order received by the vendor is deemed firm and final.
6.1. Steps for concluding the contract on the website
To place an order, the consumer, after filling their virtual basket indicating the selected products and desired quantities, then clicks the “Order” button and provides information relating to the customer and method of payment.
Before clicking on the "Confirm order" button, the consumer has the option to check the details of their order and its total price, and to return to the previous pages to correct any errors or possibly modify their order.
Confirmation of the order implies acceptance of the GTCS and forms the contract, by double clicking on the words "I have read and accept the general terms and conditions of sale".
An email acknowledging receipt of the purchase and its payment is sent by the vendor as soon as possible, in the form of a summary of the purchase and vouchers for tourist services.
No claim for date or price error can be accepted subsequently.
6.2. Order modification
Any modification of the order by the consumer after confirming their order is subject to acceptance by La Rochelle Evénements
6.3. Confirmation of the order
La Rochelle Tourisme Evénements reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for purchasers having the status of consumers.
6.4. Unavailability of products ordered
If the products ordered are unavailable, the professional vendor immediately informs the consumer and can offer them a product of equivalent quality and price.
In the event of disagreement, the consumer is reimbursed at the latest within thirty days of paying the sums paid.
When the order is placed on the internet, the sales contract is formed when the consumer sends confirmation of their order.
When the order is placed at the counter, the sales contract is formed after settlement of the service by the vendor.
7. 3. Absence of right of withdrawal
Article L 121-21-8 of the Consumer Code provides that the right of withdrawal cannot be exercised for leisure activity contracts that must be provided on a specific date or period.
La Rochelle Tourisme Evénements avails itself of this absence of right of withdrawal and indicates that for all services sold on the website www.larochelle-tourisme.com falling within the scope of article L 121-21-8 of the Consumer Code, the consumer will not have any right of withdrawal.
7.4 Cancellation by the consumer
Unless otherwise stipulated in the description of the services referred to in article 3-1 of the GTCS, the conditions for cancellation by the consumer are those defined in this article. In the event of cancellation by the consumer, no refund may be demanded.
8.1. Terms of payment
The price is payable in full after confirmation of the order. With the exception of the sums paid which are refunded in the event of unavailability of the product ordered under the conditions provided for in article 6-4 of the GTCS, any sum paid in advance on the price produces interest at the legal rate at the expiration of a period of three months from payment to delivery of the product or, failing that, on return of the amount paid at the time of booking. Payment is made immediately upon ordering by bank card.
As part of a service including accommodation, the tourist tax in force will be paid directly to the host at the time of the stay.
8.2. Payment security
The site is equipped with an online payment security system allowing consumers to encrypt the transmission of their bank details; PayBox meets all market security obligations: the security of your customers' banking data is guaranteed, as is its authentication directly with their bank.
9. Product conformity
If the product does not comply with the order, the consumer must send a complaint to La Rochelle Tourisme Evénements with a view to obtaining replacement of the product or possibly resolution of the sale.
La Rochelle Tourisme Evénements cannot be held liable in the event of non-performance or improper performance of the contract due either to the purchaser's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
The professional vendor cannot be held liable for non-compliance of the product with the legislation of the country of the consumer, whose responsibility it is to verify whether or not the product is prohibited for sale in their country.*
With the exception of packages (and individual intermediated services), the Tourist Office does not exercise any prior control over the legality, quality or safety of services, or the ability of Suppliers to perform said services. Each provider is solely responsible for the service they sold.
10.2. Professional liability insurance
The vendor has taken out a specific civil liability guarantee with AXA INSURANCE due to the organisation of the services governed by these GTCS.
11. Termination clause
Cancellation of the order in the cases provided for in these GTCS will be pronounced by simple registered letter with request for acknowledgement of receipt and will be acquired as of right without legal formality.
12. Intellectual property
The elements reproduced on the website www.larochelle-tourisme.com and its foreign versions consisting of photographs, visuals, texts, drawings and images, are the exclusive property of the publisher and are protected by copyright, trademark law and patent law.
Any reproduction and any distribution of these elements, without the prior written authorisation of the publisher, expose offenders to legal proceedings.
13. Personal data
The collection of personal data, its use for processing orders and the creation of customer files and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.
The processing of personal data, which is kept by the publisher for the sole purpose of the proper administration of reservations and commercial relations, is the subject of a declaration to the French Data Protection Authority.
The consumer has at any time the right to access, modify, rectify and delete personal data concerning them.
14. Settlement of disputes
All complaints should be sent to the address of La Rochelle Tourisme Evénements (paragraph 1).
The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.
14.2. Territorial jurisdiction
For any dispute relating to the order form and these GTCS, the competent court will be that of the place of domicile of the defendant or that of the place of actual delivery of the product.
15. Applicable law
This contract and the GTCS governing it are subject to French law.
16. Specific legal regime relating to the sale of tourist packages
The sale, offered for an overall price, of a service exceeding 24 hours or including an overnight stay, and combining at least two tourist services, constitutes a tourist package in the legal and jurisprudential sense.
The sale of tourist packages is governed by Title 1 of Book II of the Tourism Code relating to the organisation of the sale of trips and stays.
17. Mandatory information
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.
La Rochelle Tourisme Evénements strictly applies the regulatory provisions reproduced below.