G E N E R A L T E R M S O F S A L E
ARTICLE 1 – GENERAL PROVISIONS
1-1 In accordance with the Law of 22 July 2009, local tourism organizations which receive support from the state, local authorities or groups of local authorities can organize or sell, or support, in the general interest, the organization or sale of trips or stays for individuals or groups, services which can be provided in connection with trips or stays, including the issue of transport tickets, the reservation of rooms at hotels or in tourist accommodation and the issue of accommodation or food vouchers, tourism services, including the organization of visits to museums or historic monuments, tourism packages, and the organization and hosting of fairs, trade fairs and conferences or related events provided that these operations include all or some of the aforementioned services, where they facilitate reception or improve the holiday experience of tourists within their geographical area of intervention. Tourist Offices are local tourism organizations which are available to assist service providers and have entered into an agency agreement with them.
1-2 These general terms of sale are valid from 1 March 2010 and shall be applicable except where agreed otherwise.
1-3 If Cassis Tourist Office chooses not to rely on one of the provisions of the General Terms at a particular time, this cannot be interpreted as a waiver of its right to rely on one of these provisions at a later date.
1-4 If any provision of the general terms of sale is declared null or void, this provision shall be regarded as non-existent without this affecting the validity of the other provisions, unless the provision that is declared null or void was essential and material.
1-5 The special terms of Partners which are stated in the description of the service and in the booking confirmation are also applicable to the offer and provision of services on exactly the same basis as these general terms. The act of making a purchase and/or booking indicates acceptance of the special terms and conditions of partners.
ARTICLE 2 – FORMATION OF CONTRACT
2-1 By ordering one or more services offered by the Tourist Office, the customer agrees unrestrictedly and unreservedly to be bound by these general terms of sale, which are visible and can be consulted either in appendix to this booking contract or on the pages of the website https://www.ot-cassis.com/conditions-generales-de-vente-groupes.html
2-2 Bookings: All bookings shall be firm and final unless cancelled as specified in article 8 of these general terms of sale.
2-3 Written confirmation: Cassis Tourist Office undertakes to confirm to the customer, by email or, failing this, in writing, no later than the time when the ordered services commence, the content of the ordered services and the general terms of sale, the address to which (s)he can make complaints and the terms of the commercial guarantees from which (s)he benefits.
ARTICLE 3 – PRICES
3-1 Prices are quoted in euros, inclusive of VAT. Additional local taxes payable locally may be charged by the local authorities (tourist tax, visitors’ tax, etc.) and shall be payable by the customer.
3-2 Payment: For bookings of “tourist activities, services and packages” packaged products, 30% of the total value of the selected services will be payable at the time of booking and the balance will be payable 30 days before the services commence. For bookings of an individual “activity or service” product, the total price of the selected service will be payable at the time of booking. The down payment must be made 15 days at the latest after reception of the booking contract, after that deadline the booking will be considered to be null and void. Payment for the requested services may be made by bank transfer, credit card by phone to our groups team, in cash or by cheque made out to: REGIE MIXTE DE L'OFFICE DE TOURISME DE CASSIS.
Any customer who has not paid the totality of the price for the tourist service at the latest 30 days before the start of the tourist service will be considered to have cancelled their booking and will be subject to the cancellation fees as stipulated in article 8 hereinafter.
3-3 Price revision: The price of the tourist service may not be modified by the Seller after formation of the contract, except in the cases exhaustively stipulated in article L211-12 of Tourism Law and at the latest 21 days before the start of the Tourist Service. In this respect, the booking information includes the possible price revision parameters and the way the price revision may be calculated according to said parameters. In no event may the Customer seek cancellation of the booking owing to the price revision except if, through the effect of said revision, the price increase is more than 8% with respect to the price initially agreed to at the time of Formation of the Contract.
ARTICLE 4 – SERVICE PROVISION
4-1 The duration of each service shall be as stated in the booking contract. Under no circumstances can the client rely on any right to remain on the premises after the service ends. For the proper performance of certain services, the customer must attend on the specified day at the stated times or contact the service provider directly.
4-2 Products, activities and tourist packages:
The indicated timetables must be adhered to in order to guarantee that the service will be provided to a good standard. If a customer is late and gives no notice of his/her expected time of arrival, the booking will only be guaranteed at the service provider’s discretion. Where the service provider is required not to wait for late customers, a postponement of the activity will be offered to the customer. If no alternative date can be found, the customer shall be solely liable for his/her lateness and a penalty of 100% of the price of the service will be charged. Certain activities offered by service providers may be cancelled for reasons such as the weather, in the event of force majeure or a stay outside the tourist season, or where the number of participants required for the activity to go ahead is not reached. If any activity is cancelled due to force majeure or the actions of a third party to the contract, under no circumstances can this entitle the customer to receive any compensation from Cassis Tourist Office.
ARTICLE 5 – SUPPLEMENTS AND CHANGES BY THE CUSTOMER
Any services which are not included in the package must be paid for on the spot. Customers cannot alter the arrangements for their stay without the prior agreement of the Tourist Office. The customer shall pay the full cost of any changes which are not accepted. No refunds shall be issued for unused vouchers.
ARTICLE 6 – ASSIGNMENT OF THE CONTRACT BY THE CUSTOMER
The customer can assign his/her contract to an assignee who meets the same requirements as him/her for provision of the service. In this event, the customer must notify Cassis Tourist Office of his/her decision by way of a recorded-delivery letter no later than seven days before the service is due to commence.
The contract must be assigned at cost price. The assignor and the assignee shall be jointly and severally responsible towards the seller for paying the balance
of the price and any additional costs incurred as a result of such assignment.
ARTICLE 7 – CHANGES MADE BY THE TOURIST OFFICE TO AN ESSENTIAL PART OF THE CONTRACT
In cases where, prior to the date when the service is due to commence, the Tourist Office is obliged to change an essential part of the contract, the customer can, without prejudice to any actions for compensation for any losses suffered, and after being informed of this by the Tourist Office by any means:
-either cancel the contract and obtain an immediate refund of the amounts paid, without penalty.
(S)he shall also receive compensation in an amount at least equal to the penalty that (s)he would have incurred if the cancellation had been initiated by him/her on this date as specified in article 8 of these general terms of sale;
-or agree to the change or substitute service offered by the Tourist Office, in which case an addendum to the contract specifying the changes made shall then be signed by the parties.
If the substitute service is less expensive than the service that was ordered, the surplus shall be refunded to the customer after the service has been provided.
ARTICLE 8 – CANCELLATION BY THE CUSTOMER
8-1 In the event of partial cancellation, the price may be adjusted upwards or downwards depending on the services, and any decisions to provide certain services free of charge may be changed as a result. Notice of any full or partial cancellations must be given directly to the enquiries department either by post or email between Monday and Friday except public holidays: Office de tourisme de Cassis, Quai des Moulins, 13260 Cassis or by email to groupes@ot-cassis.com.
Any cancellation sent directly to the tourist service providers or the guides will not be considered to be valid and will remain payable in totality. Any dossier validated by a purchase order engages the customer. No down payment is made but in the case of total cancellation by the customer, the cancellation fees such as stipulated in article 8-2 will apply.
If the customer has taken out insurance against cancellation, the provisions of the insurance contract that cover refunds should be consulted.
If the customer has not taken out insurance against cancellation, in the event of total or partial cancellation by the customer, the Tourist Office will automatically charge the customer penalties as detailed below:
8-2 Products, activities and packages for tourists
Cancellation fee charged by Cassis Tourist Office
-Individuals within a group
• More than 30 days prior to the service: 10% of the total amount will be retained
• 22-30 days prior to the service: 25% of the total amount will be retained
• 8-21 days prior to the service: 50% of the total amount will be retained
• 2-7 days prior to the service: 90% of the total amount will be retained
• Less than 2 days/non presentation : 100% of the total amount will be retained
-Totallity of a group
• More than 30 days prior to the service: 10% of the total amount will be retained
• 22-30 days prior to the service: 25% of the total amount will be retained
• 8-21 days prior to the service: 50% of the total amount will be retained
• 2-7 days prior to the service: 90% of the total amount will be retained
• Less than 2 days/non presentation : 100% of the total amount will be retained
No refunds will be given for early departure or late arrival.
Retained penalties will be passed on to the relevant service providers. In all circumstances, Cassis Tourist Office will retain its fee.
Activities associated with the organization and sale of trips or stays scheduled for a particular date or during a specified period are not subject to the seven-day cancellation period which is applicable to distance selling.
8-3 Exchange e-vouchers for transportation of tourists are non-amendable and non-refundable.
ARTICLE 9 – CANCELLATION BY CASSIS TOURIST OFFICE
9-1 Where Cassis Tourist Office cancels the service before it begins, it must notify the customer by way of a recorded-delivery letter. Without prejudice to any actions for compensation for any losses suffered, the customer will be reimbursed immediately and without penalty for the amounts paid, and will also receive compensation in an amount equal to the penalty that (s)he would have had to pay if the cancellation had been initiated by him/her on this date as specified in article 8 of these general terms of sale. These provisions shall not apply where an amicable agreement whereby the customer accepts a substitute service offered by the Tourist Office is reached.
9-2 Special provisions for certain types of services which require a minimum number of participants. An insufficient number of participants can be a valid reason for the cancellation of certain types of services. In this event, Cassis Tourist Office shall refund all of the corresponding amounts paid. This cannot occur less than 24 hours before the service commences.
ARTICLE 10 – INTERRUPTION OF STAY
In case of interruption of the Tourist Service by the Customer before the stipulated term, no refunds will be made by the Seller.
ARTICLE 11 – LIABILITY
11-1 The Tourist Office which offers services to a customer shall be this customer’s sole point of contact and shall be answerable to him/her for the performance of the ordered services and the obligations arising out of these terms of sale.
11-2 The packages offered by Cassis Tourist Office are dependent on the opening days and times of the various monuments, museums and establishments. In the event of unforeseen closure, the Tourist Office cannot, under any circumstances, be held liable for non-provision of an itinerary which is not due to its own actions.
11-3 The Tourist Office cannot be held liable for non-performance of all or part of the ordered services or non-performance of all or part of the obligations stipulated in these general terms of sale in the event of unforeseen circumstances, force majeure, improper performance or misconduct by the customer, or unforeseeable and insurmountable actions of a third party who is not involved in the provision of the services.
11-4 Under no circumstances can Cassis Tourist Office be held liable if these contracts are used by third parties or for purposes other than tourism.
ARTICLE 12 – FORCE MAJEURE
12-1 Force majeure means any event beyond the control of the parties which is unforeseeable and insurmountable and prevents either the customer, or travellers, or the agency or service providers involved in arranging the trip from providing one or more service(s) or performing all or part of the obligations stipulated in the contract. This includes weather conditions (bad weather, storms, etc.), water conditions (rises in water levels, flooding, etc.), closure of establishments, and geographical conditions.
12-2 The occurrence of a force majeure event shall suspend the obligations stipulated in these provisions which are affected by it and shall release the party who should have performed the affected obligation from liability. The service provider reserves the right to cancel all bookings in the event of force majeure and alter their dates. If the service provider has to cancel the service before the customer is able to begin the activity, a postponement of the activity will be offered to him/her.
ARTICLE 13 – PERSONAL DATA
13-1 Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, otherwise called the General Data Protection Regulation or GDPR, as well as Law No 2018-493 of 20 June 2018 relative to the protection of personal data, set out the legal framework that applies to the processing of data of a personal nature.
In the framework of its activity as a seller of Tourist Stays and Services, the Seller implements and performs processing of data of a personal nature relative to the Customers and Beneficiaries. Pursuant to article 12 of the GDPR, the Cassis Tourist Office has formalised the rights and obligations of the Customers and Beneficiaries with respect to the processing of their data of a personal nature in a document called “terms & conditions”, that can be accessed at: https://www.ot-cassis.com/mentions.html and on request from the Cassis Tourist Office . For any additional information of a more general nature on the protection of personal data, anyone interested is invited to consult the CNIL (French Data Protection Authority) website: www.cnil.fr.
The customers have the right to access, amend, correct and delete data which concerns them. To exercise this right, they can contact the data protection officer of the Tourist Office: Office de Tourisme de Cassis – D.P.O. - Quai des Moulins 13260 Cassis France - administration@ot-cassis.com
ARTICLE 14 – PHOTOGRAPHIC ILLUSTRATIONS
The photos shown in our documentation are not in any way contractually binding.
ARTICLE 15 – INSURANCE – GUARANTEES
Cassis Tourist Office holds a travel organiser’s civil liability insurance policy with GENERALI, which was taken out through Siffrein-Blanc Assurances – 37/39 boulevard Vincent Delpuech – 13006 Marseille and a financial guarantee in the amount of €30,000 underwritten by Association Professionnelle de Solidarité du Tourisme – 15, Avenue Carnot – 75017 Paris, to cover the consequences of the professional civil liability that it may incur as a local tourism organisation which is authorised to offer products for sale.
ARTICLE 16 – COMPLAINTS/DISPUTES
16-1 Any complaints about a service which Cassis Tourist Office was responsible for providing under the contract for the stay which was entered into with the customer must either be made to Cassis Tourist Office during the stay, or sent by way of a recorded-delivery letter to the Tourist Office within 10 days following the date on which the service was provided, to the following address:
Office de tourisme de Cassis, Quai des Moulins, 13260 Cassis
If this is not done, no complaints will be accepted by the Tourist Office.
16-2 If a complaint is made, Cassis Tourist Office undertakes to make every effort to reach an amicable settlement in order to resolve the dispute.
16-3 In the event of a dispute, the general terms of sale shall be subject to French law. Any disputes over their interpretation and/or performance shall be subject to the jurisdiction of the French courts.