GENERAL TERMS AND CONDITIONS OF SALE

These general conditions of sale are up to date on February 1st, 2021

Definitions

These general terms and conditions of sales (the “T&C’s”) are proposed by MEMORIES FRANCE (the “Company”), a French private limited liability company (“société à responsabilité limitée”) with a share capital of EUR 7 500, registered with the Trade and Companies Register Of Paris under number 823 114 871, whose registered office is located at 149 rue Saint Honoré 75001 Paris FRANCE.
The Company owns and is the website editor of https://www.memories-france.travel (the “Site”).
The hosting provider of the Site is: OVH / 2, rue Kellermann, 59100 Roubaix.
The chief editor of the Site (“Directeur de publication”) is: Jérôme Lagarre.
Before using the Site and placing an order, the client (the “Client”) is kindly requested to read carefully and accept the present T&C’s.
The Company is allowing Clients to purchase different tourism activities on its Site, particularly excursions, tours, visits and recreational, gastronomical and cultural activities (the “Tours”). The Company may also act as a mere intermediary when putting into relationship Clients and commercial partners referenced on the Site.
When using the Site, the Client will be able to book the tourism and cultural activities displayed on the Site that shall be performed by professional tourist guides (the “Tourist Guides”).

Purpose of the T&C’s

The purpose of these T&C’s is to define the conditions under which the Company is allowing Clients to book the Tours displayed on the Site.
These T&C’s are without prejudice to applicable law and regulations, especially those concerning mandatory public policy provisions of a given country.
The Client declares that he/she has read and accepted these T&C’s prior to placing his order. These T&C’s are regularly updated but the applicable version will be the version in effect on the Site at the date where Client places the order.

Orders

The Client selects the Tours he/she wishes to purchase, and can access at any time to the summary of his/her order. The summary of the order presents the Tours the Client has selected and includes any additional costs. The Client has the possibility to modify his order and to correct any errors before proceeding to the acceptance of the order.
After having accessed the summary of his/her order, the Client will check the acceptance tick box of the T&C’s and clicking on the “PAY” button to confirm the order.

Price and conditions of payment of the order

The prices are displayed on the Site in the description of the Tours, in euros, all taxes included.
After the validation of his order, the Client will proceed to payment. The Company is acting as the agent of the payment services provider named Ogone specialized in secured online payment. This system guarantees the Client the confidentiality and encryption of its payment details. The credit card details are not processed by the Company.
The Client represents having the authorization and capacity to use the method of payment chosen to pay the order.
The Company reserves the right to refuse orders which it considers doubtful or for any other legitimate reason and to suspend or cancel the execution and/or delivery of any order, whatever its nature and level of execution, in case of incident of payment, or in case of fraud or attempted fraud concerning the use of the Site and payment of an order.

Delivery of the tours

After the order is confirmed with a valid payment, the Client will receive an e-mail confirming the order and forming the contract.
When the order is confirmed, the Tourist Guide will meet the Client on the date and at the meeting point communicated by the Company in the email of confirmation.
The Client must ensure the personal information (especially telephone number) included in the confirmation are correct and that they remain correct until the day of the Tour. Client agrees to inform the Company of any changes that may occur between the order and the date of performance of the Tour.

Selection of tourist guides

The Company has selected Tourist Guides that have the necessary qualification and authorization to provide Tours displayed on the Site to Clients.
The Company only references Tourist Guides that can provide a proof of qualification and authorization to perform the Tours proposed on the Site. The Company shall however not be liable of any misrepresentation of the Tourist Guide when providing this proof of qualification.
All Tourist Guides are under an agreement with the Company where they undertake to meet a number of commitments with respect to the Clients, in accordance with the present T&C’s.

Customer service

For any request for information, clarification or any complaint, the Client may contact the Company, in order to allow the Company to try to find a solution to the problem. The Company’s Client support service is open Monday to Friday from 9am to 6pm using the following contact information:

• Telephone : +33 1 85 65 74 63
• Email : contact@memories-france.travel

Withdrawal right and cancellation

In accordance with article L.221-28 of French Consumers Code, the Client recognized that no withdrawal right apply to any Tours purchased on the site that shall be considered as leisure activities which must be provided at a specified time or date.
Any cancellation of Tours prior to the scheduled date of the Tour may only be accorded upon request and will be subject to the Company’s acceptation.

Liability

The Company ensures its best efforts to provide to Clients the Tours as described on the Site but expressly disclaim all warranties express or implied including but not limited to, implied warranties of merchantability or fitness for a particular purpose. The Company shall in no event be responsible if the Tour cannot be performed due to events unforeseeable and beyond its reasonable control. In such event, the only warranty taken by the Company is to procure its best efforts to reschedule the Tour.
The Company shall in no event shall it be liable for any breach or improper performance of the Tours or for all or part of the present T&C’s, which would be attributable either to the Client, to a third party or force majeure event beyond its reasonable control.
In no event shall the Company have any liability for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, revenue, income, goodwill, whether in contract, tort or under any theory of liability even if the Company has been advised of the possibility of such damages.
The Company procures its best efforts to ensure that the Site remains at all-time available but cannot held liable in case the Site is inaccessible due to constraints inherent to the functioning of Internet, maintenance operations, any failure or bug, or any event beyond its reasonable control.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
Before using the Site, the Client must ensure that he has the technical and computerized means to use the Site, and that his browser allows secure access to the Site. The Client must also ensure that the computer configuration of its hardware / equipment is in good condition and does not contain any viruses.

Intellectual property

The Company maintains ownership on all the materials of the Site including but not limited to source code, design, graphics, data base, software, text, photographs, video, audio, trademarks and logos available on the Site.
It is not permitted to reproduce, extract, disclose, transmit, make available to the public, distribute, display, remove, delete, add to, or otherwise modify, create and use derivative works from any of the material of the Site in whole and/or in part, in any form and or manner or for any purpose.
Notwithstanding the above, the Company grants a non-exclusive license right to use the Site and Services subject to the respect of the present T&C’s for the strict purpose of using the Site.

Newsletter

When booking a Tour through the Site, the Client agrees to receive the Company’s newsletter related to its activities and Services. Subscribers will be able to unsubscribe from the newsletter by clicking on the link provided in each of the newsletters.

General provisions

In the event that any part of these T&C’s were to be declared invalid or inapplicable under applicable law, including but not limited to the exclusions from warranty and the limitations of liability outlined above, the invalid or inapplicable provisions in question shall be deemed replaced by valid and applicable provisions that are the best approximation to the intention of the original provision, while the other terms of these T&C’s remain in force and fully effective.
The Company shall be entitled to assign, transmit, sub-contract or delegate its rights, duties and obligations under these T&C’s to a third party.

Applicable law and jurisdiction

These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
When acting as a consumer, the Client will benefit from any mandatory provisions of the law of the country of residency.  Nothing in these T&C’s, including the paragraph above, affects the rights as a consumer to rely on such mandatory provisions of local law.
In the event of a dispute that may arise in connection with the interpretation and / or execution of the present or in connection with these T&C’s, the Client may decide to submit the dispute with the Company to a conventional mediation procedure.
The European Commission has also placed at your disposal an online platform for resolution of disputes which you may access on: http://ec.europa.eu/consumers/odr/.
If this mediation procedure fails, the French courts will have non-exclusive jurisdiction, but the Client may seek legal redress in either France or in its country of residency.