GENERAL TERMS AND CONDITIONS OF SALE
These general conditions of sale are up to date on February 1st, 2021
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.
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.
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:
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.
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.
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.
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.
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.
In connection with providing its Site and Service to its users and clients, the Company collects personal data on the Site. To this end, the processing of such personal data has been declared to the French Data Protection Authority, the CNIL under the registration number: 823114871 00010
Personal Data collected
When using our site, you will be invited to provide us some personal data (the “Personal Data”). It is your sole and only decision whether you decide to provide us with any such Personal Data, but if you refuse to provide Personal Data we may not be able to provide you the services offered on the Site. All mandatory information that must be given to place an order on the Site are identified with an asterisk mark.
As you navigate through the Site, we may also use automatic tools to collect certain information about your actions on the Site. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions with the Site. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking services (such as Google Analytics).
Please see our cookies policy for more information on this purpose.
In addition, when you use the Site, certain non-personally identifiable information may be automatically gathered about your IP address, mobile device, browser type, browser language or operating system. We may use third party contractors to collect and aggregate this information. Please see our cookies policy below for more information on this purpose.
Processing of Personal Data
The Personal Data may be processed when using our Site or when completing the forms included on the Site to place orders or inquire bookings. Personal Data may also be processed by third parties contractors acting on our behalf and subject to data processing agreements.
We may also process Personal Data when you directly contact us.
Any Personal Data we collect shall be destroyed without delay once the purpose for which the information was collected has been achieved. However, we may retain the collected Personal Data only for as long as is reasonably necessary taking into consideration our need to answer queries or resolve problems, provide improved and new services and comply with legal requirements under applicable law(s).
This means that we may retain your Personal Data for a reasonable period after you stop using our Site and/our services. After this period, your Personal Data will be deleted from all of our systems.
Use of your Personal Data
We process to your Personal Data for different purposes including:
- Provide our services,
- Manage the orders made on our Site,
- Handle any claims,
- Improve the experience on our Site,
- Send and manage newsletters,
- Perform compilation of statistics,
- Offering promotions and directed marketing for our Services or from our commercial partners.
Sharing your Personal Data
As a mere intermediary, we will need to share your personal data with the tourist guides and third party contractors referenced on the Site whom will perform the tours ordered on the Site by users.
We will never sold to commercial third parties your Personal Data without your express prior consent.
We may also been asked to provide information for legal or regulatory purposes or for the purpose of preventing fraud/loss, for example to fraud prevention agencies.
Security and Data Transfer
We store your Personal Data in secure environments that are protected from unauthorized parties. We follow the industry standards to protect your Personal Data. Internet is unfortunately not completely secure and although we do our best to protect your Personal Data, we cannot guarantee the total security of the data transmitted through our Site.
We will nonetheless procure our best efforts in order to preserve the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.
For persons residing in the European Union, please note that we may transfer your Personal Data to service providers established outside of the European Union, including in countries like the United States whose legislation on the protection of personal data is different from the applicable legislation in the European Union. We have adopted guarantees provided by the applicable regulations to ensure a sufficient level of protection of these personal data transfers by putting in place contractual clauses set by the European Commission or by selecting companies affiliated to the Privacy Shield.
Access and change or delete of your personal data
When provided by law, you have the right to access your Personal Date held about you.
When permitted by law, you may also have the right to delete, correct or revise your Personal Data
These rights may be exercised by emailing us at firstname.lastname@example.org.
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Functional cookies are cookies used to enhance the utilization of our Site. For example a cookies will be placed to avoid you to have to enter your Personal Data when you are placing a new order.
These are cookies saved on your computer by external websites whose services are used on this site. Cookies of this type are the sharing buttons throughout the site allow visitors to share content on social networks. To implement these buttons, and link them to relevant social networks and external sites, there are linked scripts related to domain names external to our Site.
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You should consult the respective policies of each of these sites to see exactly how they use your information and how to withdraw, or delete, such information.
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