Terms & Conditions
General terms and conditions of sale of the Greater Reims Tourist Office
Article 1 – Preamble
Article 1.1. Seller’s designation
EPIC Office de Tourisme du Grand Reims, a public industrial and commercial establishment, registered under the Siren number 534 489 281, whose head office is located at 6 rue Rockefeller – CS 60013 – 51725 REIMS CEDEX. Telephone: +33 3 26 77 45 00
General Manager: Philippe VERGER
E-mail address: firstname.lastname@example.org
Registration with the register of travel and holiday operators: IM051120001
Financial guarantor: APST, 15 avenue Carnot, 75017 PARIS.
Professional liability insurer: GAN ASSURANCES 8-10 rue d’Astorg, 75008 PARIS.
Covered risks: bodily injury, property damage and consequential loss, damage to entrusted property.
Hereinafter referred to as “the Tourist Office” or “the Seller”.
Article 1.2. Object
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the marketing by the Tourist Office of tourist services provided directly by the Tourist Office or by partner service providers, to persons who are consumers or non-professionals within the meaning of the French Consumer Code or travellers within the meaning of the French Tourism Code and who have the legal capacity to contract (hereinafter referred to as “the Customer(s)”).
Article 1.3. Definitions
Customer: a person who is a consumer or non-professional within the meaning of the French Consumer Code, or a traveller within the meaning of the French Tourism Code, and who contracts with the Tourist Office under the present terms and conditions of sale.
Service: travel service or tourist package within the meaning of articles L. 211-1 et seq. of the French Tourism Code.
Service provider: The natural or legal person who provides the service defined above. Online contract: contract concluded within the framework of the purchase of service(s) on the Tourist Office website: www.reims-tourisme.com.
Distance contract: any contract concluded between a professional and a consumer, within the framework of an organized system of sale or provision of services at a distance, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more remote communication techniques until the conclusion of the contract, excluding the Tourist Office website.
Durable medium: any instrument enabling the consumer or professional to store information addressed personally to him or her, so that he or she can refer to it at a later date for a period of time appropriate to the purpose for which the information is intended, and which enables the identical reproduction of the stored information (article L. 121-16 of the French Consumer Code).
Article 2 – Content and scope
These general terms and conditions of sale apply automatically to all services sold or offered for sale by the Tourist Office. Any order or purchase implies unreserved acceptance of these terms and conditions of sale, which prevail over all other terms and conditions, with the exception of those expressly accepted by the seller and included in the reservation contract. The Customer declares that he/she has read and accepted these general terms and conditions of sale and the special terms and conditions mentioned in the contract before booking and concluding the contract, and that he/she has read and accepted the general terms and conditions of sale of the service provider providing the Service before booking.
Article 3 – Pre-contractual information
The Customer acknowledges having been provided, prior to placing the order and/or concluding the contract, in a legible and comprehensible manner, with the general and special terms and conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code and article R. 211-4 of the French Tourism Code.The Customer further acknowledges having been provided with the form taken in application of the decree of March 1, 2018 “fixing the model information form for the sale of trips and stays”.
Article 4 – Booking and payment terms
Article 4.1. How to reserve
Reservations for services must be made online via the Tourist Office website(www.reims-tourisme.com), by telephone or at one of the Tourist Office reception points. The online booking process is as follows:
1° The customer can view the service they wish to purchase and its price, or obtain the information from a Tourist Office advisor (opposite one of the Tourist Office reception points or by telephone).
2° The customer clicks on the service in question to consult the details and description, accompanied by a calendar of booking availabilities in real time, or obtains the details of the service from a Tourist Office advisor.
3° The customer chooses the date and time of the service (if several times are available).
4° The customer selects the number of participants (adults and children).
5° They add the selected service to their shopping cart. At this point, the customer can choose whether to continue with the booking or continue shopping by adding further services.
6° The Customer can access a summary of the order before confirming it.
7° The customer fills in a contact form (surname, first name, e-mail address, telephone number) and makes a secure payment using one of the payment methods chosen.Once the order has been placed and payment recorded, the customer receives confirmation of the order by e-mail.When the service provider requests it, the Tourist Office may ask the customer for a deposit. The amount of the deposit and the due date for payment of the balance will be specified to the Customer on the Service offer.
Article 4.2. Final price and additional taxes
The final price is quoted in euros, including all taxes (VAT) per person. The price includes the items listed in the contract and the online booking fee. Unless otherwise specified in the contract, it does not include pre- and post-transportation, single room supplement, local transport, tourist tax, optional insurance, additional merchandising products or personal expenses. When a customer occupies a room designed for two people, a supplement called “single room supplement” will be charged, indicated in the price before the order is validated.
Article 4.3. Terms of payment
The customer guarantees the Tourist Office that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the contract. The Tourist Office reserves the right to suspend all reservation management and all services in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment of any sum due under the contract. In particular, the Tourist Office reserves the right to refuse to honor a reservation from a customer who has not paid in full or in part for a previous reservation, or with whom a payment dispute is in progress. Payments made by the customer will only be considered final once the amounts due have been received by the Tourist Office. The consumer has several means of payment offering optimal security among the following (non-exhaustive list), depending on the type of service booked, as indicated in the special conditions of sale:
a. by credit or debit card (Carte Bleue, Visa, Mastercard, American Express),
b. by SEPA bank transfer (transfer charges to be paid by the customer), by Paypal bank transfer,
c. by dematerialized payment or electronic wallet offered by Stripe: https: //stripe.com/fr/payments/payment-methods-guide#fiches-techniques-d….
d. in cash if the sale takes place at one of the Tourist Office reception points.
Article 5 – Commencement and content of services
Tickets or vouchers that can be ordered on the site are generally subject to a specific validity period or date. By definitively confirming his/her order on the site, the buyer acknowledges that he/she is fully aware of the validity date or period applicable to his/her order. Any ticket not used on the scheduled date or within the stipulated validity period is non-refundable. The services offered on the site take place on the dates and at the times indicated (participants are advised to arrive 15 minutes before the start of the activity). The location is specified for each service. The duration of the service may vary slightly, depending in particular on the number of participants on guided tours and the degree of interactivity between participants and the partner. The various partners are not obliged to wait for a late participant. No refunds will be made in the event of late arrival or late arrival at the venue.
Article 6 – Tickets
Tickets, received by the purchaser at the e-mail address given at the time of purchase, either printed or on a smartphone, or given on site against the voucher, are valid only for the service booked, and for the date and time specified. They must be presented on arrival, and kept for the duration of the service. Access to the service is no longer guaranteed after the specified start time, and no refund will be given. You may be asked to show valid identification at the entrance to certain services. Users arriving without a ticket will be refused access to the activity (even free participants or young children, who must have been informed of this when booking). In agreement with the service provider and the Tourist Office, the purchaser can present his or her ticket in digital format on his or her smartphone to gain access to the activity. This digital document is proof that the purchaser has booked the activity.
Article 7 – Compliance with the rules
Our outdoor activities require participants to be in good physical condition. For outdoor activities, participants must wear good footwear and clothing suited to the weather conditions of the day.In sensitive natural areas, participants must stay on the paths and respect the private sites.Each participant must comply with the rules of caution, traffic, hygiene and safety, and follow the advice of the guide. The Tourist Office and the tour operator reserve the right to exclude any participant who fails to comply with the above rules, or who disrupts the tour.
Article 8 – Price revision
In accordance with article L. 211-12 of the French Tourism Code, the price may be modified upwards or downwards after the reservation has been confirmed, to take account of changes in the market:
1° Passenger fares resulting from the cost of fuel or other energy sources;
2° The level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the execution of the contract, including tourist taxes, landing taxes or embarkation and disembarkation taxes at ports and airports; or
3° exchange rates relevant to the contract.any price increase applied in accordance with the previous paragraph will be notified to the customer in a clear and comprehensible manner, with justification and calculation, on a durable medium, no later than twenty days before the start of the services. conversely, the customer has the right to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay.Conversely, the customer has the right to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay. In the event of a price reduction, the organizer or retailer has the right to deduct his actual administrative expenses from the refund due to the traveler. If the increase exceeds 8% of the total price of the package or travel service, the traveler may accept the proposed change, or cancel the contract without paying cancellation fees and obtain a refund of all payments already made.
Article 9 – No right of withdrawal
Article L. 221-28 of the French Consumer Code stipulates that the right of withdrawal may not be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which are to be provided on a specific date or at a specific time. Article L. 221-2 of the French Consumer Code also excludes this option for passenger transport and tourist packages. The Tourist Office avails itself of this absence of right of withdrawal and indicates that for all services falling within the scope of article L. 221-28 or L. 221-2 of the French Consumer Code, the Customer has no right of withdrawal.
Article 10 – Contract amendment
Article 10.1. Modification at the Tourist Office’s initiative
The Tourist Office may unilaterally modify the clauses of the Contract after its conclusion and before the start of the tourist service, without the Customer being able to object, provided that the modification is minor and that the Customer is informed as soon as possible in a clear, comprehensible and visible manner on a durable medium. If the Tourist Office is obliged to unilaterally modify one of the main characteristics of the Contract within the meaning of article R. 211-4 of the French Tourism Code, that it is unable to meet the specific requirements agreed with the customer, or in the event of a price increase in excess of 8%, it shall inform the customer as soon as possible, in a clear, comprehensible and visible manner, on a durable medium : of the proposed modifications and, if applicable, their impact on the price of the trip or stay; of the reasonable time limit within which the Customer must inform the Tourist Office of the decision he has taken; of the consequences of the traveler’s failure to reply within the set time limit; if applicable, of the other service proposed, as well as its price.If the contract is terminated and the customer does not accept an alternative service, the Tourist Office will reimburse all payments made by the customer or on his behalf as soon as possible, and no later than fourteen days after termination of the contract.
Article 10.2 Customer-initiated modifications
The Tourist Office will not be held responsible for any stay that is shortened or not used due to the customer’s fault, or that is started late due to the customer’s fault:
-any services subscribed to by the customer other than those invoiced by the Tourist Office;
-any modification of services at the customer’s initiative.
Article 11 – Termination of contract
Article 11.1. Termination of the contract by the customer
The customer may terminate the contract at any time before the start of the service. If the service provider has its own cancellation conditions, they apply and take precedence over the cancellation conditions specified below. The provider’s cancellation conditions are mentioned in the provider’s specific general terms and conditions of sale and are systematically accepted at the same time as these general terms and conditions of sale. If the service provider does not have specific cancellation conditions, the Tourist Office’s cancellation conditions will apply. In this case, the Tourist Office will ask the customer to pay cancellation fees and may withhold all or part of the deposit or balance already paid, according to the schedule corresponding to the service.
Cancellation by the customer – dry services
– Cancellation more than 48 hours before the date of the service/activity: 3.5% (incl. VAT) of the total sale retained.
– Cancellation less than 48 hours before the date of the service/activity or no-show: 100% of the total amount of the sale retained.
Cancellation by the customer – packages/packages
– Cancellation more than 7 days prior to departure: 3.5% (incl. VAT) of the total sale retained.
– Cancellation between 7 days and 48 hours prior to departure: 25% of the total amount including VAT retained.
– Cancellation less than 48 hours before departure and in the event of a no-show: 100% of the total amount with all taxes deducted.
The date of cancellation is the date on which the Tourist Office receives the customer’s request.In all cases, the cancellation fee will not be due if the contract is terminated as a result of exceptional and unavoidable circumstances occurring at the destination or in the immediate vicinity of the destination and having a significant impact on the performance of the contract. In this case, the Tourist Office will reimburse the full amount of the payments made, without however incurring any additional compensation.Article
11.2. Termination of contract by the Tourist Office
The Tourist Office may terminate the contract at any time prior to the start of the service.The Customer will be entitled to additional compensation, corresponding to that which the Customer would have had to pay if the contract had been terminated by the Customer, in accordance with article 11.1 of these general terms and conditions of sale.However, the Tourist Office will not be liable for any additional compensation if the contract is terminated in the following two cases:
1) The number of people registered for the trip or service is less than the minimum number indicated in the contract. In this case, the Tourist Office and/or the service provider will notify the customer of the termination of the contract by e-mail or post within the period specified in the contract, according to the following timetable
– twenty days before the start of the trip or stay for trips lasting more than six days;
– seven days before the start of the trip or stay for trips lasting between two and six days;
– forty-eight hours before the start of the trip or service in the case of trips lasting no more than two days;
2) the Tourist Office is prevented from performing the contract due to exceptional and unavoidable circumstances. In this case, the Tourist Office will notify the traveler of the cancellation of the contract by e-mail or in writing as soon as possible before the start of the trip or stay.
Article 12 – Assignment of contract
Article 12.1. Possibility for the customer to assign his contract
The customer may assign his contract to a transferee who fulfils the same conditions as he does for the trip or stay, as long as the contract has not produced any effect.
Article 12.2. Advance notice to assign the contract
The customer may only transfer his contract on condition that he informs the Tourist Office of his decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the trip. Under no circumstances is this transfer subject to prior authorization by the organizer or retailer.
Article 12.3. Solidarity between assignor and assignee
The assigning customer and the assignee are jointly and severally liable for payment of the balance of the price and any additional costs that the assignment may give rise to.
Article 13 – Legal warranty of conformity
Article 13.1. Principle
The Tourist Office is the sole guarantor of compliance with the contract. The non-professional or consumer customer may make a claim under the legal guarantee of conformity provided for in articles L. 217-11 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code.
Article 13.2. Implementation of the legal warranty of conformity
The consumer or non-professional customer must notify the Tourist Office of any defects and/or lack of conformity as soon as possible after the services have been provided, in accordance with article L. 211-16 II of the French Tourism Code. This communication must be made, with supporting documents, preferably within 7 days of the end of the services, so that the Tourist Office can investigate the disturbance and assess the reality of the alleged defects efficiently and in the interests of both parties. Any defects and/or faults found will give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the extent of the non-conformity and the value of the travel services concerned. In the event of the Tourist Office proposing a replacement service or a price reduction, the traveler may only refuse the other services proposed if they are not comparable to what was provided for in the contract, or if the price reduction granted is not appropriate. The Tourist Office’s guarantee is limited to the reimbursement of services actually paid for by the consumer or non-professional customer, and the Tourist Office cannot be held responsible or liable for any delay or non-performance resulting from force majeure or exceptional or unavoidable circumstances.
Article 13.3. Seller contact details
In accordance with article R 211-6, 4° of the French Tourism Code, the customer may contact the Tourist Office rapidly using the contact details given in article 1.1. In order to communicate effectively with the Vendor, to request assistance if the Customer is in difficulty or to complain about any non-conformity observed during the execution of the trip or stay, the Customer must contact the Vendor in accordance with the “Designation of the Vendor” section of these General Terms and Conditions of Sale.
Article 14 – Protection of personal data
Article 14.1. Collected data
As part of its business of selling Tourist Stays and Services, the Seller implements and operates personal data processing operations relating to Customers and Beneficiaries. To this end, the Tourist Office collects the following personal data: first name, surname, [civilité], date of birth, main postal address, e-mail address, telephone number, [composition de la famille], particulars noted in the contract, terms of payment.
Article 14.2. Purpose
The collection of this personal data is essential to the performance of the contract, and in the event of refusal to provide it, no service will be provided. This personal data is collected for the sole purpose of managing the Vendor’s clientele in connection with the conclusion of the contract and its execution, on the basis of the customer’s consent. They are only used for the purposes to which the Customer has consented. More specifically, the purposes are as follows:
– Identification of people using and/or booking services,
– Formalizing the contractual relationship,
– Carrying out services booked with the Tourist Office,
– Contract and reservation management (including room allocation, travel management),
– Communication to partners with a view to the provision of services by the partners concerned,
– Accounting, including accounts receivable management and customer relations,
– Customer management operations,
– Sales communications and prospecting, animation.
Article 14.3. Persons authorized to access data
The persons authorized to access the data collected within the Tourist Office are as follows: the employees of the Tourist Office and its partners involved in the services requested by the Customer, and, where applicable, the subcontracted service providers of the Tourist Office involved in the provision and/or administration of the services and having to intervene in this respect in the processing, it being specified that in such a case, whether partners or subcontractors, this is done in compliance with the regulations in force.
Article 14.4. Data retention
The personal data collected is kept for the legal retention period relating to the purpose of the processing, and for no longer than five years. Personal data relating to the customer’s credit card is kept only for as long as is necessary to complete the transaction.Personal data required to send the newsletter is kept for as long as the customer does not unsubscribe.The Tourist Office implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Tourist Office cannot guarantee the security of the transmission or storage of information on the Internet. Each customer has the right to access, modify, rectify and permanently oppose any personal data concerning him or her. To exercise this right, simply contact the DPO at email@example.com, indicating your full name and address.
Article 14.5. Rights of the owner of the data collected
In application of the regulations applicable to personal data, each user has the right to question, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his or her personal data. It is possible to request that this data be rectified, completed, clarified, updated or deleted. These rights may be exercised by writing a signed letter to the Office de Tourisme, 6 rue Rockefeller – CS 60013 – 51725 Reims Cedex or by sending an e-mail to the following address: firstname.lastname@example.org, enclosing a copy of your identity card with your request. The customer may lodge a complaint with the CNIL at any time, in accordance with the procedures indicated on its website(https://www.cnil/fr).
Article 14.6. Clause modification
The Tourist Office reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to the present personal data protection clause, the Tourist Office undertakes to publish the new version on its website, and will also inform users of the modification by e-mail, at least 15 days before the effective date.
Article 14.7. Opposition to cold calling
You have the option of registering on the opposition to cold calling list on the following website: http: //www.bloctel.gouv.fr/.
Article 15 – Language of the contract
These terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 16 – Insurance
Our professional liability insurer covers us against the financial consequences of professional liability as set out in articles L. 211-16 and L. 211-17 of the French Tourism Code.The guarantee also covers damage caused to travelers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed in the course of offering, organizing and selling our services, whether by us or by our employees, salaried or non-salaried.The customer undertakes to hold and be up to date with his civil liability insurance to cover any damage he may cause.We do not offer compulsory or optional insurance.
Article 17 – Minor children
When minors, unaccompanied by a parent or other authorized person, travel on the basis of a contract for tourist services including accommodation, the Tourist Office must provide information enabling direct contact to be established with the minor or the person responsible for the minor at the minor’s place of stay.
Article 18 – Liability of the Tourist Office
Article 18.1 – Automatic liability
With the exception of the sale of its boutique products, the Tourist Office is fully responsible for tourist services provided by service providers and contracted under the present terms and conditions of sale. The Tourist Office may, however, exonerate itself from all or part of its liability by proving that the damage is attributable either to the Customer, or to a third party not involved in the provision of the travel services included in the contract and is of an unforeseeable or unavoidable nature, or to exceptional and unavoidable circumstances.The organizer and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with article L. 211-16.
Article 18.2. Limitation of the Tourist Office’s liability
In accordance with article L 211-17, IV of the French Tourism Code, the amount of any damages that the Tourist Office may be ordered to pay to the customer for any reason whatsoever shall be limited to three times the total price of the services, excluding taxes, with the exception of personal injury and damage caused intentionally or through negligence.
Article 19 – Exceptional and unavoidable circumstances
Any event that creates a situation beyond the control of either the professional or the traveller, the consequences of which could not have been avoided even if all measures had been taken, thus preventing the performance under normal conditions of their obligations, are considered as grounds for exoneration from the obligations of the parties and lead to their suspension.
Article 20 – Passenger assistance
The Tourist Office is responsible for the proper execution of the services provided for in the contract. The Tourist Office will be entitled to charge a reasonable price for this assistance if the difficulty is caused intentionally by the traveler or by his negligence. The price charged will not exceed the actual costs incurred by the organizer or retailer.
Article 21 – Accessibility
Despite our best efforts, some services are not accessible to people with reduced mobility, in particular certain itineraries (bike rental, segway rental), certain visits to winegrowers’ cellars (although up to date with the 2005 law on accessibility) and boat and hot-air balloon rides.
Article 22 – Settlement of disputes
Article 22.1. Applicable law
These terms and conditions are governed by French law. This applies to both substantive and formal rules.
Article 22.2. Mediation
Customers may send any complaints by post to the Tourist Office or by e-mail to the following address: email@example.com. The customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.The customer may thus refer the matter to the Médiateur du Tourisme et du Voyage on the following website : https://www.mtv.travel/ or to MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17 in the event that the Tourist Office’s response to the customer’s complaint is deemed insufficient or remains unanswered after 60 days.
Article 22.3. Online sales
In the event that the service has been purchased online by the Customer, the latter is informed that, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, he/she has the option of lodging a complaint and selecting a dispute resolution body on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Article 22.4. Proof
It is expressly agreed that the data contained in the Tourist Office’s information systems have evidential value with regard to orders, requests and any other element relating to the use of the Site. They may be validly produced, notably in court, as a means of proof in the same way as any written document.
Article 23 – Linked travel services
If, after choosing and paying for a travel service, you book additional travel services for your vacation trip or stay through the Tourist Office, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code. However, if you book additional travel services during the same visit or contact with the Tourist Office, the travel services will form part of a linked travel service. In this case the Tourist Office has, as required by European Union law, protection in order to reimburse the sums you have paid it for services that have not been performed due to its insolvency.The Tourist Office has taken out a €30,000 financial guarantee with APST (ASSOCIATION PROFESSIONNELLE DE SOLIDARITE DU TOURISME – 15 AVENUE CARNOT 75017 PARIS) to cover the consequences of professional civil liability that the Tourist Office may incur in its capacity as a local tourist organization authorized to market tourist products.Travelers can contact this entity if they are refused travel services due to the insolvency of the Tourist Office.Note: this protection against insolvency does not apply to contracts concluded with parties other than the Tourist Office that can be performed despite the insolvency of the Tourist Office.[Website on which the directive (EU) 2015/2302 transposed into national law can be consulted. https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A….