Allgemeine Verkaufsbedingungen Come to Paris
The services offered on the website www.cometoparis.de/ are offered by the company COME TO PARIS, which edits the Site.
COME TO PARIS is a company with a capital of 1,122,000 Euros, located at 55-63 rue Anatole France 92532 Levallois-Perret Cedex, registered under the number 531 208 494 RCS Paris, registered as a tour operator under the number IM075140049, and holds a financial guarantee issued by the APST.
ARTICLE 1 - DEFINITIONS
«Site» refers to the website www.cometoparis.de/, edited by the company COME TO PARIS.
«Service» refers to a service offered on the website, including leisure, tourism and insurance services.
«Order» refers to any reservation made by a user directly through the website or by telephone.
«Voucher» , «ticket» or «e-ticket» : refers to a document issued by COME TO PARIS permitting access to any service ordered through the COME TO PARIS Site.
«Service provider» refers to any provider whose services are offered by COME TO PARIS and includes notably cabarets, cruise companies, guides, transport companies, hotels, theme parks, restaurants and insurance companies.
«You» or «the User» refers to any person using the site or the call center to reserve, order or buy any services offered by COME TO PARIS.
«Client» refers to any person who has made an order through the site or by telephone whose payment has been validated.
«Description» The descriptions of Services on the Site constitute an offer which binds all parties involved. COME TO PARIS endeavours to provide visual or textual materials outlining the Services offered by all service providers. However, variations may be outlined in brackets within the descriptions of services, notably cruises.
«Terms and conditions» refers to the current terms and conditions regarding sales and services.
ARTICLE 2 – SCOPE OF APPLICATION
The terms and conditions of COME TO PARIS are valid from the 2nd April 2015. COME TO PARIS may modify the terms and conditions by putting new up-to-date information online. Please consult the terms and conditions regularly in order to make sure you are aware of any potential modifications made by COME TO PARIS.
The terms and conditions apply to any use of the Site, notably to the sale by internet or by phone of any Service offered on the Site by the company COME TO PARIS. Any order made on the site www.cometoparis.de/ is made in full accordance with the terms and conditions.
Acceptance of the hereby terms and conditions is realised by a checkbox on the registration form. This acceptance can only be full and integral. Any subscription under hesitations will be considered null and void. Any User who refuses to accept the terms and conditions cannot use COME TO PARIS services.
It is therefore imperative that the User read the terms and conditions thoroughly. These can be accessed by a link on every page of the Site. The User is advised to save or print a copy of the terms and conditions on the date of placing an order on the Site, as any modifications to the terms and conditions after the date of purchase of the order will not be applicable to it.
The terms and conditions of COME TO PARIS can also be complemented by any additional terms stated in the description of the Service, referring to the terms and conditions where necessary.
Users must ensure that they read and understand these terms and conditions and must understand that they are fully applicable to any orders made on the Site or by telephone.
ARTICLE 3 - DECLARATIONS OF THE USER
Any user agrees to use the Site in a way that conforms to the terms and conditions, in their own name and in the name of all beneficiaries of Services ordered through the Site, of which they acknowledge to be the agent (from here on referred to as the Beneficiaries), and to which the terms and conditions will be applicable.
The User is financially responsible for the use of the Site, in their own name and in the name of the Beneficiaries, except in the case of any fraudulent use not resulting from any fault or negligence on the User’s part.
The User guarantees that all information they provide on the site is truthful and accurate, in their own name and in the name of all Beneficiaries using their details on the Site.
The site www.cometoparis.de/ is intended for personal and not commercial use, and is to be used to make legitimate orders of Services. Any user agrees not to use the site to make speculative, false or fraudulent orders. The user agrees not to use robots or any other automated means to access the site except with the special authorization of COME TO PARIS.
COME TO PARIS reserves the right to refuse to serve any User it believes is using the Site fraudulently or whom it judges to be acting against the terms and conditions of the company.
ARTICLE 4 - USER ACCOUNTS
In order to access certain site functions (generating a quote, paying for items in the basket, viewing existing orders), any User is required to create an account and provide some personal information. All Users are responsible for all activity linked to their account, and agrees to immediately inform COME TO PARIS of any unauthorized usage of their account.
Use of the site requires registration to the Site by the User, by completing the registration form. The User must complete all compulsory fields. Any incomplete registration will not be valid. Registration automatically leads to the creation of an account in the name of the User (called hereafter: the “Account”), allowing access to a personal area (hereafter called: the “Personal Area”) which allows the User to manage his use of the services according to the manner and technical means which COME TO PARIS judges as most appropriate for said Services.
The User declares that all information which he provides in the registration form is exact, up to date and honest and not in any way false.
The User is aware and must accept that the information used for the creation or update of his Account serves as a proof of identity. The information provided by the User engages him from the point of validation.
The User can access his Personal Area at any time using his username and password.
The User agrees to his own personal use of the Services and to not allow the use of any third party in his place or for his account, in which case he must assume full responsibility.
He is equally responsible for maintaining the confidentiality of his username and password. He must immediately contact COME TO PARIS using the details mentioned in Article 2 of these conditions if he suspects that his Account has been used without his knowledge. He recognises that COME TO PARIS holds the right to take any necessary measures in this case.
All User accounts should be exclusively reserved for personal and not commercial use, and should not be used for any fraudulent purposes or for any illegal activity.
COME TO PARIS reserves the right to cancel a User account at any moment and for any reason.
ARTICLE 5 - ESTABLISHMENT OF A CONTRACT: PLACING AN ORDER
The User can order any of the Services offered on the Site directly online, or by calling the telephone number +33 148-740-510 after having checked the current terms and conditions.
- The User performs a search, producing a Service offered which corresponds to their request.
- The User clicks on the Service of their choice to access its description.
- The User selects the required Services and proceeds to a summary of the selected Service(s) and the total price of this/these, thereby allowing the User to check the details of the order. The User must therefore make sure that the information and chosen Services are correct, as the User is fully responsible for any Services ordered by accident or unintentionally.
- The User than validates the order, in full awareness of the terms and conditions. If making the reservation online the User must check the box marked ‘I accept and agree with terms and conditions of service, use and cancellation’. If making the reservation by telephone, the User can access their account and view the terms and conditions by clicking on the link sent to them by COME TO PARIS in the summary email following the placing of the order. COME TO PARIS reminds all Users that no order can be made without the User’s full acceptance of the terms and conditions.
- The User’s request of the chosen service(s) is then confirmed. COME TO PARIS will immediately send confirmation of the payment by email, and then in a second email, confirmation of the reservation with the required ticket(s) attached. This second email also contains a link which the client should click on to access their ‘My Account’ part of the site, from which they may download their e-tickets that must be presented for any service they have reserved. The information included in both confirmation emails constitutes as proof of the contract established between the client and the company COME TO PARIS.
ARTICLE 6 - TERMS APPLICABLE TO HOTEL SERVICES
6.1 – Classification
COME TO PARIS strives to inform its Users as accurately as possible about the conditions of accommodation. The descriptions institutions on the Site are written according to its own knowledge of the institutions and the feedback it receives from its Clients. It reserve the right to replace the hotel provided a facility of the same class can offer equivalent services, whether for technical or security reasons, due to force majeure or due to a third party. This can only happen under exceptional circumstances and in such cases COME TO PARIS strives to inform the Client of the proposed exchange or modification as soon as it learns of this.
6.2 - Rooms
6.2.1 Single rooms
These have a single bed and are subject to a surcharge. Availability is often limited and the rooms are often less spacious, less comfortable, and less well placed than other rooms.
These have two single beds or one double bed.
6.3 - Possession and guests
6.3.1 COME TO PARIS informs the Client that the applicable rules of hospitality usually require that customers occupy their rooms from 2.00pm onwards, regardless of time of arrival, and vacate their rooms before 10 am at the latest, regardless of their departure time. Therefore the Client will be subject to these rules.
6.3.2 For any reservation of a hotel, arrival on site is planned for early afternoon (from 2.00pm) unless explicitly stated otherwise in the Client’s travel documents. The room must be vacated by 10:00am at the latest on the day of departure.
Therefore, if the Client decides to occupy a room outside the times specified above, the Client alone is responsible for any extra charges which may be incurred. No refund can be demanded from COME TO PARIS.
ARTICLE 7 - E-TICKETS
Each Client will receive an E-ticket bearing their name for the Service reserved. These E-tickets are sent to the client by email using the email-address provided by the Client during the placing of the order.
Each Client must be able to print and present these documents for verification at any moment during the Services ordered. If the Client is unable to do this they will not be able to benefit from these Services. In this case, the Client will not be eligible for any refund from COME TO PARIS, or from the insurance company if the Client has paid for cancellation insurance.
The User must therefore provide COME TO PARIS with a valid email address to which COME TO PARIS will be able to send the Client’s E-ticket.
As a precaution, if for any reason the User has not received the voucher for a Service they have reserved one day before the date of the Service (unless you have placed the order on the date of the Service), the User is advised to contact COME TO PARIS by telephone or by email to indicate this.
ARTICLE 8 - COME TO PARIS GIFT CERTIFICATES
Gift certificates purchased on the Site can only be used on the Site www.cometoparis.de/. Come to Paris gift certificates can be redeemed in exchange for any Service offered on the Site.
Come to Paris gift certificates are valid for six (6) months from and including the initial date of purchase, and are not extendable. If the value of the Services ordered is greater than the value of the gift certificate, the User can pay the difference on the Site using a credit or debit card. If the value of the Services ordered is less than that of the gift certificate, the amount remaining on the gift certificate can be used to make another Order. Come to Paris gift certificates cannot be exchanged for money.
COME TO PARIS reserves the right to cancel any gift certificate obtained fraudulently. COME TO PARIS is not responsible for the loss or theft of gift certificates.
All sales of gift certificates are final. Gift certificates cannot be refunded.
ARTICLE 9 - GEOGRAPHICAL ZONE OF THE OFFER
COME TO PARIS sells its Services on the Internet and offers these to a worldwide client base. The terms and conditions remain valid in most countries. Thus, no claim can be made against COME TO PARIS in the case of delayed delivery of tickets to its Clients.
ARTICLE 10 - DESCRIPTIONS OF SERVICES
COME TO PARIS endeavours to provide the most accurate information possible about its Services as well as in its descriptions of regions of Paris and public places. COME TO PARIS invites you to give feedback and notify us of any inaccuracies using the email address email@example.com.
All images displayed of the Services are intended as a guide and are subject to modification (in particular the menus). Similarly, descriptions of Services are subject to modification, which in no case may be used as grounds for a refund or discount. Any photos illustrating the Services do not form part of the contract between COME TO PARIS and the Client. If a Client judges the photos to be inaccurate, COME TO PARIS can in no way be held responsible. The drawings, images, texts and descriptions on the Site remain the property of COME TO PARIS and may not be used by any third party. Nonetheless, some images are not copyrighted and in these cases the authors will be indicated whenever possible.
The accuracy of the information provided about all the products and services offered by COME TO PARIS is regularly checked. However, COME TO PARIS does not guarantee that information or content given on the site will be completely accurate, that faults will be corrected or that the Site and its servers will be free of viruses or bugs.
ARTICLE 11 - AVAILABILITY OF SERVICES
COME TO PARIS endeavours to provide the best possible service to its Users and Clients. However the Services offered by COME TO PARIS are subject to the availability of its service providers. No refund (full or partial) may be claimed by a Client should a reserved Service be unavailable on any date. COME TO PARIS is under no circumstances obligated to provide the Services offered. When the Services selected by a Client are not available, COME TO PARIS will endeavour to provide an appropriate alternative.
It is sometimes the case that the service providers of COME TO PARIS modify the dates, prices, items included, age restrictions, etc, of their services. Consequently COME TO PARIS reserves the right to cancel, modify or replace any Service, tour, ticket or product that a Client has booked on the Site at any moment and for any reason.
In this case, if the alternative Service offered does not suit the Client, the Client will be able to obtain a full refund of the initial purchase price, with the exception of Services reserved for special dates for which COME TO PARIS may not always know the prices set by its service providers at the time that the Services become available online.
However, when COME TO PARIS is informed in advance by its service providers of a significant change to a reservation or to a tour, product or event, it will make every possible effort to warn its Clients in order to modify the reservation as soon as possible.
ARTICLE 12 - PLACING OF ORDERS
For an order to be processed by COME TO PARIS, the Client must provide the necessary personal information in an online form, of which the obligatory fields are indicated. No order can be placed without this required information. COME TO PARIS is not responsible for any errors made in the personal information provided by the Client. Finally, the automatic inscription system of COME TO PARIS is considered to be proof of the nature of the contract and its date.
In a situation where the User has incorrectly entered their personal details and/or the details of the Service required, COME TO PARIS is not responsible if the User misses the Service or experiences problems with the Service as a result of the incorrectly entered details.
ARTICLE 13 - ACCEPTATION OF ORDERS
The contract between the Client and COME TO PARIS is not complete until the Client receives confirmation by email that the order has been received by COME TO PARIS. Cases of force majeure may sometimes prevent COME TO PARIS from processing orders it receives. In this case no reimbursement may be claimed by the Client. COME TO PARIS reserves the right not to process certain orders. In this case COME TO PARIS will make every effort to inform the Client who made the order by email or telephone.
ARTICLE 14 - DELAYS OR LATENESS
In its endeavour to provide the best possible service for its Clients, COME TO PARIS tries to respond to orders within two working days from the date of reception, and in all cases, before the date of the Service ordered. However, this delay is not contractual and a longer delay does not in any case provide grounds for the Client to claim a refund. If the Client does not receive their e-ticket(s) before the date of the Service, they can contact the office of COME TO PARIS to obtain a copy of the ticket(s) by confirming their identity.
The delivery periods indicated on the Site and on the confirmation of Orders are given in good faith but are not contractual. No financial refund for late deliveries is possible. The sending of the email containing the tickets will be taken as proof of COME TO PARIS having fulfilled its obligation. If the Client is unable to access the ticket even though it has been sent by COME TO PARIS, the Client may not claim a refund (“no-show”).
Heavy traffic and traffic jams in Paris may cause delays, notably for private transfers. In this case, the Client accepts sole responsibility for the consequences of these delays and must ensure that sufficient time is allowed to reach the location of the Service. COME TO PARIS is not responsible for any fees resulting from a delayed flight or transfer. In either case, no refund can be claimed from COME TO PARIS.
ARTICLE 15 - FINANCIAL CONDITIONS
15.1 - Prices and taxes
The descriptions of Services offered on the Site specify in each case what is included in the price and the potential exceptional conditions. The prices shown on the Site are applicable at the time of booking.
All prices are shown in Euros and include VAT, excluding the cost of delivery of tickets. In accordance with the standard VAT applicable to tourism agencies, invoices issued by COME TO PARIS do not include the VAT collected from Services that have been sold.
Furthermore, unless explicitly stated otherwise, also not included in the prices stated are the following: any additional personal expenses relating to the Service, such as insurance, ticket delivery, laundry, telephone use, drinks, room-service, tips, excursions, sports equipment. Any tips that may be given to tour guides, chauffeurs or waiters are given at the discretion of the Client and are not the responsibility of COME TO PARIS.
Finally, when the order includes an accommodation Service, the price is calculated according to the number of nights spent at the establishment and not the number of full days.
The prices in Euros are given as an indication. They do not represent under any circumstances a contractual obligation of COME TO PARIS and may differ from the price of the Service found by the User on other websites. They may not take into account any potential promotions offered by the service provider.
COME TO PARIS reserves the right, at its own discretion and according to the conditions for which it will be the sole judge, to propose promotional offers or price discounts.
In the same way, the price of Services can be subject to a revision by COME TO PARIS at any moment, freely at its own discretion.
15.2 - Validity of prices
All prices indicated on the Site are correct at the time of being published online, and in principal are correct for the whole season. If a Client places an order when a price is no longer valid, it may be necessary to adjust the price of the Service. This is non-negotiable, and COME TO PARIS reserves the right to modify its prices without warning, notably in the case of variation of exchange rates, service provider rates and taxation.
15.3 – Payment
All orders are payable in Euros.
The payment made by a Client by credit or debit card, notably made online, does not invoke the issuing of a “physical” invoice from COME TO PARIS. The bank account of the Client is not debited until the availability of the Service ordered is confirmed, and the corresponding ticket is sent by email and/or post. An invoice can be sent at the request of the Client.
The Client may be asked for a credit card imprint (in particular by hotels) in order to cover any extra expenses that the Client may accumulate during their stay. In no case is COME TO PARIS responsible for these extra expenses.
COME TO PARIS accepts the following methods of payment: Carte Bleue, Mastercard, Visa, American Express, Maestro, Bancontact/Mister Cash, Sofort, Discover, Paypal, cheque, ANCV holiday cheque and bank transfer. The handling of credit card payments does not incur any extra charge. Full payment is required for a booking to be confirmed. The payment will appear under the name COME TO PARIS on a bank statement.
In the case of the rejection of a payment made by cheque due to insufficient funds, the Client will be responsible for all outstanding payments and will be invoiced accordingly. Furthermore, any payment made by bank transfer should include the full amount owed, including any commission or banking fee. It is therefore the responsibility of the Client to ensure with their bank that any additional charges are accounted for when the bank transfer is made.
In the case of a partial or total refund of a Client who has paid by Sofort or Bancontact/Mistercash, the Client must send their IBAN (full international bank details) to COME TO PARIS at the email address firstname.lastname@example.org, in order for the refund to be made by bank transfer.
The Client may not claim a refund for any Service, accommodation, meal or any other product that has been used.
COME TO PARIS reserves the right to ask its Clients for any proof of identification (identity card, passport and/or driving license) in order to prove the Client’s identity in the case of suspicion of fraud.
Payment by bank card
The User guarantees that they are fully authorized to use the payment card in question and that this card contains sufficient funds to cover all necessary costs in paying for the Order.
The commitment to paying made by the use of a payment card is final. The payment can only be contested in case of loss, theft or fraudulent use of the card. Outside of these circumstances, contestation of payment by the cardholder constitutes an act of credit card fraud. The right to contest a payment notably cannot be used to compensate for the absence of a right to withdraw the payment (see Article 17 below).
Taking of payments
COME TO PARIS guarantees a high quality of service to its Clients. Therefore, COME TO PARIS only takes the payment owed for purchased Services once the Orders have been confirmed with its service providers.
A client’s payment card will not be debited for any Service which is not yet confirmed. For any extra charge, the permission of the Client will be obtained before any additional charge is made to the card. Payments will only be taken under these conditions.
Bank-to-bank transfers will take place strictly only under the instructions of COME TO PARIS.
Confidentiality and security of payments
COME TO PARIS has chosen a reliable, high-quality banking service (Hipay) to manage its bank transactions. Information confidentiality is guaranteed by the banking service. The banking service alone is responsible for bank-to-bank transfers concerning the confidentiality of information provided by the Client.
An SSL system (Secure Socket Layer) is used to encrypt Clients’ information. Thus, Clients can be sure that they are receiving the best service when making a payment online. COME TO PARIS is absolved of all responsibility in the case of a data transmission failure, particularly in the case of a loss of Client confidentiality.
ARTICLE 16 – PROOF
In accordance with the terms of Article 13162 of the Civil Code, it is expressly stated that except in the case of obvious error on the part of COME TO PARIS, the information retained in the system of COME TO PARIS and/or its partners and service providers, notably in the email system it uses, is decisive in relation to past Orders and the carrying out of the obligations of the parties. The information retained electronically can therefore constitute proof if produced by COME TO PARIS in the case of disagreement. This information will be admissible, valid and enforceable between the parties, under the same conditions and with the same probative force as any document created, received or kept in writing.
ARTICLE 17 - RIGHT TO WITHDAW
Pursuant to the clauses of Article L 121-21-8 of the Consumer Code, the Services offered on the COME TO PARIS Site are not subject to the application of the right to withdraw specified in articles L 121-21 and follow the Consumer Code regarding Distance Selling.
Consequently, Services ordered on the Site are exclusively subject to the terms of cancellation and modification specified in these terms and conditions, and the User will not be able to apply the right to withdraw.
ARTICLE 18 – CANCELLATION & MODIFICATION
18.1 - Terms of cancellation or modification by the service provider
COME TO PARIS makes all possible efforts to ensure that the Services it sells to Clients run smoothly, however it is not responsible for unforeseen circumstances, cases of force majeure or the consequences of third party actions (notably strikes). However, even in these circumstances, COME TO PARIS will try to find solutions to problems that may arise.
If an essential part of a Service is modified by the provider in advance of the date for which it is booked, the Client may, within seven days of having been notified:
- Either cancel the booking (by post or email only), in which case they will immediately be granted a full refund;
- Or accept the modification offered, in which case a modified e-ticket and an email clearly explaining the modifications or price change will be send to them
The Client will not be able to claim any refund if a Service has to be cancelled due to a case of force majeure for reasons relating to the security of customers. In addition, COME TO PARIS must not be confused with its service providers, which each have their own terms and conditions regarding their customers, and are responsible for their own activity according to the statutes governing them, and under national legislation and international conventions establishing, amongst other terms, a limitation of responsibilities. COME TO PARIS therefore cannot be held responsible for the actions of its service providers, if these providers choose to cancel or modify a Service for technical reasons.
COME TO PARIS is also absolved of all responsibility in the case where a Service it offers cannot be guaranteed by a service provider due to force majeure. For example, in the case of a sharp rise in the water level of the Seine or any other river or stream, cruises may be subject to cancellation. Such cancellations will usually warrant a refund but this is not contractually guaranteed.
COME TO PARIS is not responsible for any infraction of French or European law committed by its Clients. Clients agree to respect the individual rules of all hotels and service providers working in conjunction with COME TO PARIS.
18.2 - Terms of cancellation or modification by the Client
In the case of cancellation, the Client must inform COME TO PARIS of their desire to cancel their booking by email at the address email@example.com. The date of reception of the email will determine the cancellation date and the total cancellation fee:
For activities (cabarets, cruises, guided tours, visits…):
For tourist packages (including transport and/or accommodation):
Between the date of creation of the reservation and up to 60 days before the date of the Service, the Customer will be invoiced for 10% of the total cost of the Service or 30 Euros per person (whichever is most favourable to the Customer).
Between 60 days and up to 30 days before the date of the Service, the Customer will be invoiced for 50% of the total cost of the Service.
- Less than 30 days prior to the date of the Service, the Customer will be invoiced for 100% of the total cost of the Service.
In the case of a “no show” where the Client does not attend the Service reserved, the Client will be invoiced for 100% of the total cost of the Service.
Under no circumstances can the cancellation fees for which the Client is invoiced be transferred to another Service. No Service can be refunded for which the Client was not present on the date, at the time and in the place which had been indicated to them.
Any modification to a Service booked, within the limits of availability, will entail a total forfeit of 15 Euros per person, in addition to any extra charge which may result from said modification. If the Client has any particular requests, these should be indicated at the summary of the Client’s basket, where there is a section of the online form entitled “Message to our staff”. COME TO PARIS does not guarantee that it will be able to provide these extra services. A booking cannot be cancelled for this reason.
For special dates (notably the 24th December, 31st December in Paris, 14th February and 14th July or any other special date indicated on the Site), no modification or cancellation will be possible. No refund may be sought from COME TO PARIS.
ARTICLE 19 - INSURANCE
The prices of the Services offered on the Site do not include any insurance.
During the process of paying for a reservation on the Site, COME TO PARIS recommends that the Client take out insurance covering certain cases of cancellation.
According to the Service selected, the Client will be offered the opportunity to take out an insurance policy with the company Mondial Assistance (contract no. 304 009).
In the client chooses to take out cancellation insurance, the full insurance policy can be viewed before the Order is placed by clicking on the hyperlink “details” and then “click here” (to consult the general terms and conditions of the insurance) which is on the page before confirming the Order. In any case, the Client is advised to read the insurance policy thoroughly (notably the clauses detailing the exceptions, limitations and cases in which the insurance applies) before taking out insurance.
COME TO PARIS wishes to stress the fact that subscription to any of the insurance policies offered on the Site is final, and that it is not possible to modify, replace or cancel the policy after it has been taken out.
In accordance with the ruling no: 2005-648 of the 6th June 2005 relating to the Distance Selling of financial services, no right to withdraw applies to insurance policies for travel or luggage (article L 112-2-1 of the Insurance Code).
The total price of taking out an insurance policy is automatically calculated and it is not possible to claim any refund, except in the case of cancellation of the policy by COME TO PARIS through no fault of the User. All insurance claims are to be addressed directly to the insurance company, respecting the terms of the insurance policy that has been taken out.
ARTICLE 20 – COMPLAINTS
Any complaint of a commercial nature or with regard to the quality of a Service must be made in writing as soon as possible, no later than 30 days inclusive after the end of the Service, to the following address: firstname.lastname@example.org.
The Client will receive an email confirming that the complaint has been received by COME TO PARIS and will be considered within a maximum of 7 days.
COME TO PARIS wishes to stress to its Users that as it sells individual Services, all complaints must be made individually per Service. Complaints or petitions regarding multiple Services will be disregarded.
Finally, COME TO PARIS also wishes to stress the fact that it is the responsibility of the User to find out, before placing an Order, about any local events that may be taking place such as carnivals, religious celebrations, national celebrations, bank holidays, etc, which may affect the Service. No complaint regarding the consequences of such an event may be addressed to COME TO PARIS.
ARTICLE 21 - RESPONSIBILITY
21.1 - For the use of the Site
COME TO PARIS does not guarantee that the Site will be free of anomalies, errors or bugs, or that these will be able to be corrected, or that the Site will be able to function without interruption or delay, or that it is compatible with all browsing platforms.
COME TO PARIS is not responsible for problems with the running of the Site due to third party software.
COME TO PARIS is not responsible for any damage, whether foreseeable or unforeseeable, whether material or immaterial, resulting from the use or equally the total or partial impossibility of the use of the Site.
Finally, COME TO PARIS is not responsible for other websites which are linked on its Site, which are linked only to facilitate the search of its Users. Under no circumstances is COME TO PARIS responsible for their content.
Therefore in accepting these terms and conditions, the User declares that they are fully aware of the characteristics and limitations of the Internet, notably regarding the technical performance of online applications and the security of communication and information.
COME TO PARIS is committed to only using the information provided by its Clients strictly for legal purposes. Any Client may request to be deleted from the list of COME TO PARIS contacts by post or by emailing email@example.com.
21.2 - For Services
Under no circumstances can COME TO PARIS be held responsible for the following losses or damages (whether foreseen, foreseeable, known or otherwise):
- Loss of information
- Loss of revenue or anticipated profits
- Loss of activity
- Loss of opportunity
- Loss of intangible assets or damage to reputation
- Losses suffered by third parties.
In facilitating the booking of Services, hotels, tours, transfers and any other products linked to the personal schedules of Clients, COME TO PARIS is not responsible for any injuries, damages, losses, accidents, delays or irregularities, debts or expenses of any person or property resulting from the failure of any service provider, hotel, other company or other individual providing the services included in the Services offered on the Site.
Additionally, COME TO PARIS and its service providers are not responsible for illness, flights, labor disputes, mechanic failures, governmental restrictions, acts of war or terrorism, weather conditions, transport problems, mishaps, potential accidents, or any other causes beyond its control.
Under no circumstances is COME TO PARIS responsible for damage, losses or disputes of any kind relating to the use of the Site. In addition, COME TO PARIS is not responsible for any incidents of any nature that may affect the stay of its Clients. This includes any cancellation of hotel reservations, flights, strikes and governmental restrictions, which might affect the Client outside of the control of COME TO PARIS. Finally, COME TO PARIS is not responsible in any way for any personal expenses not accounted for by the contract, for delays or governmental decisions of any kind.
ARTICLE 22 - COPYRIGHT AND INTELLECTUAL PROPERTY
Any copying, reproduction, republication, uploading, online publication, distribution or other use of the content on the Site (text, images, URL, rate information, etc.) for purposes other than personal and non-commercial use is strictly prohibited. Any other use of the Site content requires the written authorization of Come to Paris.
The Client or User of this Site recognizes that the information, data, programs, photos, designs, videos, drawings, processing, music, sound, images, maps, text and any other content on this site are the property of Come to Paris or some of its suppliers. The reproduction or storage of this different content, regardless of the form, using current or future technology, is subject to French law on the subject and the U.S. Copyright Act of 1976, Title 17 of the United States Code.
ARTICLE 23 - APPLICABLE LAW AND RELEVANT JURISDICTIONS
The parties agree that this contract is subject to French law. Any disputes will be subject to the jurisdiction of Paris (France).
The terms and conditions are valid and accepted by the Client. Any contrary clause must be stated in writing.
ARTICLE 24 – PROHIBITED BEHAVIOURS
It is strictly prohibited to use the Services for the following purposes:
- Activities which are illegal, fraudulent or which pose a threat to the rights or to the security of others,
- Violation of public order or of relevant laws and regulations,
- invasion of the computer system by a third party or any activity with the intention to damage, control, interfere, or intercept all or part of the computer system, violating its integrity or security,
- The sending of unsolicited emails and/or commercial prospection or solicitation,
- Manipulations destined to improve the referencing of another site,
- The assistance or involvement, in any form, in one or more of the acts and activities described above,
- And more generally any practice which makes use of the Services for purposes other than those they were created for.
It is strictly prohibited for Users to copy and/or use the concept, the technologies or any other element of the COME TO PARIS website for their own or third party purposes.
Activities also strictly prohibited : (i) all behaviour which could disrupt, suspend, impede, or prevent the continuity of the Services, (ii) all invasions or attempts to intrude into the COME TO PARIS systems, (iii) all and any misuse of the resources of the website system, (iv) any actions with intent to impose a disproportionate burden on the infrastructures of the system, (v) any infringement of the security and authentication measures, (vi) all acts which could pose a threat to financial, commercial or moral rights and interests of COME TO PARIS or to the users of the site, and lastly more generally (vii) any misconduct of the present terms and conditions.
It is strictly prohibited to sell, trade or grant all or part of access to the Services or the website, as well as information which is available or shared here.
Penalties of Misconduct
In the case of failure to comply with any one of the clauses present in the hereby terms and conditions or more generally, the infraction of applicable laws and regulations by a User, COME TO PARIS reserves the right to take any appropriate measure, including:
(i) the suspension or termination of access to the Services by the User, person responsible or those who have participated in the misconduct or infraction,
(ii) deletion of all content online on the website,
(iii) the publication of any message on the site that [NomSociété] sees fit,
(iv) notifying any authority concerned
(v) engaging any judiciary action.
ARTICLE 25 - REPRODUCTION OF ARTICLES R211-3 TO R211-13 OF THE TOURISM CODE
Subject to the exclusions detailed in the third and fourth paragraphs of Article L. 211-7, any offer or sale of travel services or stays will result in the delivery of the appropriate documents that meet the conditions defined by this section.
In the case of the sale of airline or travel tickets on a regular line not accompanied by Services related to these transfers, the seller will deliver to the purchaser one or several tickets for the entire trip issued by or on behalf of the transport provider. In the case of transport on request, the name and address of the transport provider for whom the tickets are issued must be specified.
Separate billing of various elements of a package does not release the seller from the obligations placed upon it by the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual terms will be carried out in writing. This can be done electronically in the conditions of validity and exercising accounted for in articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller must be specified, as must the inscription to the register mentioned in Section A of Article L. 141-3, or, where applicable, the name, address and the indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2.
Prior to the conclusion of the contract, the seller must provide the consumer with information on prices, dates and other elements constituting the services provided during the trip or stay such as:
- The destination, means, characteristics and categories of transport used;
- The accommodation, its location, level of comfort and its main features, its approval and tourist classification corresponding to the regulations or customs of the host country;
- The proposed restaurant services;
- The description of the route in the case of a tour;
- Administrative and health formalities to be completed by national or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area, notably in the event of crossing borders, and in what timeframe they must be completed;
- Visits, excursions and other services included in the package or available at an additional cost;
- The minimum or maximum group size for the journey or the stay and, if the journey or stay is subject to a minimum number of participants, the date before which the consumer must be informed in the case of cancellation of the trip or stay; this date may not be set at less than twenty-one days before departure;
- The amount or percentage of the total price to be paid as a deposit on signing the contract and the nature of the payment schedule;
- The price review procedures as specified in the contract pursuant to Article R. 211-8 ;
- The terms of cancellation of the contract;
- The terms of cancellation defined in Articles R. 211-9, R. 211-10 and R. 211-11 ;
- The information concerning the optional subscription to an insurance policy covering the consequences of certain cases of cancellation, or an assistance contract covering certain specific risks, in particular repatriation costs in case of accident or disease;
- When the contract includes air transport services, information for each leg of the flight, under section R. 211-15 to R. 211-18.
Prior information given to the consumer binds the seller, unless in this information the seller has expressly reserved the right to modify certain elements. In this case, the seller must clearly indicate which elements are subject to change and to what extent these changes may occur. In any case, modifications made to the prior information must be communicated to the consumer before the contract is finalised.
The contract between the seller and the purchaser must be made in writing and duplicated, one copy of which is delivered to the buyer, and signed by both parties. When the contract is finalised electronically, it is made pursuant to Articles 1369-1 to 1369-11 of the Civil Code. The contract must include the following clauses:
- The name and address of the seller, their guarantor and insurer and the name and address of the organiser;
- The destination(s) of the journey and, in case of a holiday divided between multiple destinations, the various periods and their dates;
- The means, characteristics and categories of transport used, the dates and places of departure and return;
- The accommodation, its location, level of comfort and its main features, its approval and tourist classification corresponding to the regulations or customs of the host country;
- The proposed restaurant services;
- The description of the route in the case of a tour;
- The visits, excursions or other services included in the total price of the trip or stay;
- The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
- The indication, if applicable, of any charges or taxes for certain services, such as landing, embarkation or disembarkation at ports and airports, or tourist taxes when they are not included in the price of the services provided;
- The timing and method of payment; the last payment made by the purchaser cannot be less than 30% of the travel or holiday and must be made upon delivery of documents allowing the travel or stay;
- The particular conditions requested by the buyer and accepted by the vendor;
- The manner in which the purchaser may register a complaint about the seller following non-adherence or improper adherence to the contract, which must be registered as soon as possible by any means which provides proof of reception, and, if necessary, must be made in writing and sent to the travel organizer and the service provider;
- The deadline for informing the buyer in case of cancellation of the trip or stay by the seller if the journey or stay is subject to a minimum number of participants, in accordance with 7 ° of Article R. 211-4;
- The conditions of cancellation of the contract;
- The cancellation policy detailed in Articles R. 211-9, R. 211-10 and R. 211-11;
- Information concerning the risks covered and the amount of financial compensation guaranteed by the insurance contract covering the consequences of professional civil liability of the seller;
- Clear indication of the terms of the insurance contract (covering the consequences of certain cases of cancellation) taken out by the purchaser, with the policy number and name of insurer stated, and the terms of the assistance contract covering certain special risks, including the cost of repatriation in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
- The deadline for informing the seller in case of transfer of the contract by the buyer;
- The commitment to providing the buyer, at least ten days before the scheduled departure, with the following information:
a) The name, address and telephone number of the seller's local representative or, if this is not possible, the names, addresses and telephone numbers of local organizations who may be able to help the consumer in case of difficulty or, alternatively, the phone number to establish urgently a contact with the seller;
b) For trips and stays of minors abroad, a telephone number and an address for direct contact with the child or the person's place of temporary residence;
- The clauses regarding cancellation and reimbursement without penalties of the amount paid by the buyer in case of non-compliance with the requirements of information to be disclosed as stated in paragraph 13 of Article R. 211-4;
- The commitment to providing the purchaser with the hours of departure and arrival in good time before the start of the trip or stay.
The purchaser may transfer the contract to a transferee which meets their conditions for the trip or stay, as long as the contract is not affected.
Unless otherwise specified to the transferor, the transferor must inform the seller of his decision by any means which provides proof of reception no fewer than seven days before the start of the journey. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, in any case, to prior authorization of the seller.
When the contract expressly states that there is a possibility of price revision, within the limits delineated in Article L. 211-12, it must specify the precise means of calculation of both upward and downward price changes, and in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the journey or holiday, the share price at which the variation applies, and the price of the currency or currencies used as a reference when establishing the price stated in the contract.
When, before the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract such as a significant price increase and thus contradicts the obligation to disclose information mentioned in 13 of Article R. 211-4, the purchaser may, without prejudice to any claim for potential incurred damages, and after having been informed by the seller by any means that provides proof of reception:
- either terminate the contract and obtain without penalty the immediate reimbursement of the amounts paid;
- or accept the change or replacement trip offered by the vendor; in this case an amendment to the contract specifying the changes made is then signed by the parties; any reduction in price is deducted from any amounts remaining due by the purchaser and if the payment already made by the latter exceeds the price of the amended Services, the overpayment must be refunded before the date of departure.
In the situation detailed in Article L. 211-14, where before the departure of the purchaser, the seller cancels the trip or stay, the seller must inform the buyer by any means which produce proof of reception. The buyer, without prejudice to any claim for potential incurred damages, obtains from the seller immediate reimbursement of the sums paid without penalty. In this case, the buyer receives compensation at least equal to the penalty they would have been charged if they themselves had cancelled the contract at that time. The provisions of this article do not in any way prevent the conclusion of an amicable agreement where the buyer accepts a substitute journey or holiday offered by the seller.
When, after the departure of the buyer, the seller is unable to provide a major part of the services under the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to any claim for potential incurred damages:
- either offer replacement services for services provided, bearing any additional expense and, if the services accepted by the buyer are of inferior quality, reimbursing the buyer the difference in price upon their return;
- or, if it is not possible to offer any replacement Service, or if they are refused by the buyer for valid reasons, the seller must provide the purchaser, at no extra cost, with tickets to ensure his return in conditions deemed to be equivalent to the place of departure or to another place accepted by both parties.
The provisions of this Article shall apply in the event of non-compliance with the obligation under paragraph 13 of Article R. 211-4.
The provisions of Articles R. 211-3 to R. 211-11 are required to be reproduced on brochures and travel contracts proposed by the persons referred to in Article L. 211-1.
The buyer cannot invoke clause in 20 ° of article R. 211-6 after the Service has been provided.
ARTICLE 26 - IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service.
They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.