Association Law 1901
Duly licensed in the French Register of Tour and Holidays Operators under the number IMO13100030 since 01/03/2016
Article 1 – General provisions
In accordance with the law of 22 July 2009, local tourism organizations benefiting from the support of the State, local authorities or their groups may, in the general interest, engage in or provide assistance to the organization or sale of individual or collective tours or trips, such as services that may be provided on these occasions, in particular issuing transport tickets, booking rooms in hotel facilities or tourist accommodation premises and issuing accommodation or catering vouchers, providing services related to tourists reception, such as organizing visits to museums or historical monuments, tourist packages, as well as organizing and hosting fairs, trade fairs and conventions or related events where these operations include all or part of the services mentioned, provided that they make it possible to facilitate the reception or to improve the conditions of stay of tourists in their geographical area of intervention. Tourist Offices are local tourist bodies, made available to service providers and which have entered into a mandate agreement with them.
1-2 These general terms and conditions of sale are valid from 1 March 2010 and are applicable unless otherwise stated.
1-3 The failure on the part of the Pays d’Aubagne et de l’Étoile Intercommunal Tourist Office to exercise any right arising from one of the provisions of the general terms and conditions of sale shall not operate as a waiver thereof, nor preclude any other or future exercise thereof.
1-4 In the event that one of the provisions of the general conditions of sale is declared null and void or without effect, this provision shall be deemed unwritten, without this affecting the validity of the other provisions, unless the provision declared null and void or without effect was essential and decisive.
1-5 Specific conditions that would be indicated on the description of the service and on the written confirmation of a reservation are also applicable to the offer and to the provision of services, under identical terms to these general terms and conditions. Purchasing and / or booking means accepting the specific conditions of the partners.
Article 2 – Contract conclusion
2-1 Any purchase of one or more the services offered by the Tourist Office implies the customer’s unrestricted or unconditional acceptance of these general terms and conditions of sale, which can be viewed and read either at the desk of the Tourist Office, or on the website www.tourisme-paysdaubagne.fr of the Tourist Office.
2-2 Reservation – All reservations are firm and final unless the right of withdrawal provided for in Article 2-4 is used or the reservation is cancelled under the conditions provided for in Article 8 of these General Terms and Conditions of Sale.
2-3 Written confirmation –
The Pays d’Aubagne et de l’Étoile Intercommunal Tourist Office commits to confirm to their customers, in electronic writing or, failing that, in paper writing, at the latest before the start of the services ordered, the content of the services ordered as well as the general terms and conditions of sale and the procedures for exercising the right of withdrawal from which they benefit, the address to which they can submit their claims and the conditions relating to the commercial guarantees they benefit from.
2-4 Right of withdrawal depending on the nature of the service –
Depending on the type of service ordered, customers may or may not have a right of withdrawal:
In accordance with the provisions of Article L.121-20 of the Consumer Code, customers have a period of 7 clear days from the date on which the contract will be firm and final, to exercise their right of withdrawal, by mail or e-mail addressed to the Tourist Office: Office de tourisme intercommunal du Pays d’Aubagne et de l’Étoile
8, cours Barthélemy – 13400 Aubagne – France.
E-mail: accueil@tourisme-paysdaubagne.fr
When exercising their right of withdrawal, customers may cancel the services ordered without any penalty. In that case, the Tourist Office commits to reimburse the customers as soon as possible and at the latest within 30 days of the date on which they exercised their right of withdrawal, the said period running from the date of reception of the fax, mail, or e-mail of withdrawal. It shall be noticed that the right of withdrawal cannot be used by customers who order accommodation, transport, catering service, by combined application of Articles L121-20-4 al.2 and L121-18 of the Consumer Code.
Article 3 – Price
3-1 Unless otherwise indicated, prices appearing on the website of the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile are displayed in euros, VAT included. Additional local taxes payable on site may be charged by local authorities (tourist tax, tourist tax, etc.) and should remain at the customers’ expense. The Pays d’Aubagne et de l’Étoile Intercommunal Tourist Office reserves the right to modify the price of its services at any time and in agreement with the service provider.
3-2 Payment –
Regarding bookings of accommodation-only, of products, tourist services and packages, 25% of the total amount of the selected services shall be paid upfront at the time of booking and the balance will be paid 30 days before the start of the said services.
3-3 Special provisions according to the booking methods
3-3-1 For reservations made at the reception and information desk of the Tourist Office: the price to be paid is that of the services stipulated and described in the documents provided at the counter of the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile. Payment for services ordered can be made in cash or checks. The tourist tax is not included and must be paid to the provider according to the number of people and nights booked and according to the conditions of each facility.
Article 4 – Terms and Conditions of services
4-1 The duration of each service is determined at the desk of the Tourist Office or on the website. Customers may not, under any circumstances, claim any right to remain in the premises at the end of the service. For good performance of certain services, customers must arrive on the specified day and at the mentioned hours or contact the service provider directly.
4-2 Special provisions according to services ordered
4-2-1 Accommodation:
4-2-1-1 When booking an accommodation, customers are strongly advised to notify the provider directly of their time of arrival. Customers must refer to the opening hours of the facility they booked in. Customers must vacate the rooms no later than 12 noon on the day scheduled for their departure. REMINDER: some facilities do not have a night reception, thank you for taking your precautions with the provider.
4-2-1-2 If, exceptionally (such as a booking error or an unforeseen incident in the room), the selected room(s) were no longer available at the time of the customers’ arrival, the service provider must, at no additional cost for the customers:
1. provide them with one or more rooms in equivalent number to the reservation, in another facility of equal or higher class, at a price equal to or lower than the price of the room or rooms they booked, REMINDER: The classification of the facilities is determined according to the comfort and the services offered. The classification standards are developed by ATOUT France and examined by the Prefecture (county administrative Board)
2. offer them a transportation solution to this facility,
3. refund them, if they wish so, with the price of a telephone call between this facility and their family or office.
4-2-2 Tourist products and tourist package/packages: The times indicated must be respected to guarantee the smooth running of the service. If customers are delayed and did not advise about their time of arrival, it shall be up to the service provider’s goodwill to guarantee the booking. If the provider cannot wait for late customers, they will be proposed to attend at some later time. If no alternative date can be found, customers are solely responsible for the delay and a penalty of 100% of the amount of the service will be charged. It may happen that some activities, described on the website and proposed by the service providers, are cancelled especially for climatic reasons, in case of force majeure, in case of a trip booked out of the tourist season, or when the required number of participants is not reached. If an activity needs to be cancelled in case of force majeure or due to a third party’s behavior, in no case will customers be entitled to any compensation from the Pays d’Aubagne et de l’Étoile Intercommunal Tourist Office.
Article 5 – Supplements and modifications by customers
Any service not included in the package must be paid for on site. Customers cannot, except with prior agreement of the Tourist Office, modify the course of their stay. The costs for any unaccepted changes remain entirely at the customers’ expense. Unused vouchers will not be refunded.
Article 6 – Transfer of the contract by the customer
Customers may transfer their contract to an assignee who meets the same conditions to benefit from the service. In this case, customers are required to inform the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile of their decision by registered letter with acknowledgment of receipt, at the latest 7 days before the service starts. The contract assignment must be made at cost price. The assignor and the assignee are jointly and severally liable to the seller for the payment of the balance of the price and any additional costs incurred by this assignment.
Article 7 – Modification by the Tourist Office of a substantial element of the contract
If, before the scheduled starting date of the service, the Tourist Office must modify any essential element of the contract, customers may, without prejudging the claims for compensation for any damage, and after the Tourist Office has informed them by any means available:
– either terminate the contract, and obtain, without penalties, the immediate refund of all amounts paid. They will also receive a compensation at least equal to the penalty they would have borne if they occurred to cancel on that date as defined in Article 8 of the present general terms and conditions of sale.
– or accept the modification or substitution of services that the Tourist Office proposes, an amendment to the contract specifying the changes made will then be signed by the parties. If the substitute service is cheaper than the service ordered initially, customers will be refunded their overpayment before the service starts.
Article 8 – Cancellation by the customer
Any total or partial cancellation must be notified by contacting directly the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile
Tel: 04 42 03 49 98 / E-mail: accueil@tourisme-paysdaubagne.fr Opening hours (subject to
change):
– From NOVEMBER to MARCH
Monday to Friday from 9am to 12.30pm and from 2pm to 5.30pm
Saturday from 9am to 12.30pm or during school holidays for all school-zones, from 9am to 12.30pm and from 2 pm to 5:30 pm
Closed Sundays and public holidays.
– FROM APRIL to JUNE and from SEPTEMBER to OCTOBER
Monday to Saturday from 9 am to 12:30 pm and from 2 pm to 6 pm
Closed Sundays and public holidays.
– In JULY and AUGUST
Monday to Saturday from 9 am to 12.30 pm and from 2 pm to 6.30 pm
Sunday and public holidays from 10 am to 12.30 pm
If the customer has taken out a cancellation insurance: reference should be made to the refund conditions as specified in this insurance contract.
If the customer has not taken out a cancellation insurance, in case of total or partial cancellation on behalf of the customer, the Tourist Office will automatically apply penalties to the customer, under the following conditions:
8-1 – Tourist products and tourist packages/flat-rates
– In case of termination occurring over 30 days before the beginning of the trip, the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile will retain an amount equal to 25% of the price paid for the trip.
– In case of termination occurring under 30 days before the beginning of the trip, the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile will retain the full price paid for the trip.
– Early departure or delayed arrival will not result in any refund.
It is understood that the penalties thus withheld will be paid to the respective service providers.
In any case, the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile will keep the application fees as well as its remuneration.
Activities related to the organization and sale of trips or stays on a specific date or specified period are not subject to the 7-day withdrawal period applicable to distance selling.
8-2 – Activities
– If the total or partial cancellation occurs up to 8 days before the booked activity, an amount equal to 15% of the full cost of the said activity will be retained.
– If the total or partial cancellation occurs between 7 to 2 days before the booked activity, an amount equal to 30% of the full cost of the said activity will be retained.
– Any service cancelled less than 24 hours before the due date will not give right to any refund.
– If a last-minute reservation is made (less than 24 hours before the due date), no refund will be made in case of cancellation or no-show of the customer.
– If the customer does not cancel his reservation or has not shown up at the time indicated, no refund will be made.
– In case of delay, refer to the conditions set out in Article 4.2.2. It is understood that the penalties thus withheld will be paid to the service provider concerned.
In any case, the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile will keep the application fees as well as its remuneration.
Article 9 – Cancellation due to the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile
If, before the start of the service, the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile cancels the service, they must inform the customer by registered letter with acknowledgment of receipt. Customers, without prejudging the compensations for any damage suffered, will be refunded immediately and without penalty of the amounts paid, they will also receive a compensation equal to the penalty they would have incurred if the cancellation had occurred on their behalf on this date as defined in Article 8 of these general terms and conditions of sale. These provisions shall not apply where an amicable agreement is concluded for a substitute service proposed by the Tourist Office.
Special provisions concerning certain types of services which require a minimum number of participants.
Insufficient number of participants may be a valid reason for cancellation for certain types of services. In this case, the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile shall return all the corresponding amounts paid. This possibility cannot occur less than 24 hours before the start of the service.
Article 10 – Liability
10-1 The Tourist Office that offers services to a customer shall be the sole contact person and is responsible to him for the performance of the services ordered and the obligations arising from the present terms and conditions of sale.
10-2 The programs of the Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile depend on opening days and hours of the various monuments, museums, and other facilities. In case of an unforeseen closure, the Tourist Office shall not , under any circumstances, be held responsible for not performing a program which cancellation is not on their behalf.
10-3 The Tourist Office shall not be held responsible should the services not be performed, totally or partially, or be not fully compliant with the present general conditions of sale, further to fortuitous cases, force majeure, improper performance or misconduct of a customer, or unpredictable and insuperable facts on behalf of a third party.
10-4 Under no circumstances shall the Tourist Office of the Pays d’Aubagne et de l’Étoile be held liable for the use of these contracts by third parties or for purposes other than tourism.
Article 11 – Force majeure
11-1 Force majeure means any event external to the parties which is unpredictable and insuperable, and which prevents either the customers, the travelers, the agency, or the service providers involved in the performance of the trip, of one or more services, from carrying out all or part of the obligations provided for in the contract.
This, particularly, will be the case regarding strikes on means of transport, staff demonstrations, climatic conditions (bad weather, storms, etc.), hydrological conditions (floods, tides, etc.), closures, and geographical conditions.
11-2 The occurrence of a case of force majeure suspends the obligations hereof affected by this case and exempts from any liability the party who should have performed the affected service. The service provider reserves the right to cancel any reservation in case of force majeure and to modify the date. If the service provider must cancel the service before the customer has been able to start the activity, they will propose him to postpone the activity.
Article 12 – Personal data
Customers have a right to access, modify, rectify, and delete their personal data. To exercise this right, they may contact the Pays d’Aubagne et de l’Étoile Intercommunal Tourist Office, 8, cours Barthélemy – 13400 Aubagne – Tel 04 42 03 49 98 – Mail : accueil@tourismepaysdaubagne.fr
Article 13 – Insurance – Guarantees
The Intercommunal Tourist Office of the Pays d’Aubagne et de l’Étoile has taken out liability insurance for travel organization with MATMUT as well as a financial guarantee with the APST, to cover the consequences of the professional civil liability that it could incur in its capacity as a local tourism organization authorized to market products.
Article 14 – Complaints/Disputes
14-1 Any claim relating to a service delivered under the responsibility of the Pays d’Aubagne and l’Étoile Intercommunal Tourist Office in the context of the execution of the contract concluded with the customer must be made either to the Pays d’Aubagne et de l’Étoile Intercommunal Tourist Office during the trip, or sent by registered letter with acknowledgment of receipt to the Tourist Office, within 10 days of completion of the service, to the following address:
Office de tourisme intercommunal du Pays d’Aubagne et de l’Étoile
8, cours Barthélemy – 13400 Aubagne – Tel
04 42 03 49 98 Mail: accueil@tourisme-paysdaubagne.fr
No claim shall be accepted by the Tourist Office, if made by any other means.
14-2 In the event of a complaint, the Pays d’Aubagne et de l’Étoile Intercommunal Tourist Office shall endeavor to find an amicable agreement to resolve the dispute.
14-3 In the event of disputes, the general conditions of sale are subject to French law. Any dispute relating to their interpretation and/or enforcement is a matter for the French courts.
