GENERAL TERMS AND CONDITIONS OF SALE
Effective as of November 27, 2024
1. Preamble
These general terms and conditions of sale (hereinafter, the "GTC") apply to all sales of guided tours carried out by the sole proprietorship Frédéric Christophe PELLAN, located at 35 rue du Champé – 57000 Metz and registered under SIREN number : 795 068 097 (hereinafter, the "Tour Guide") to professional clients (hereinafter, the "Professional Client") and individual clients (hereinafter, the "Personal Client") (hereinafter, together, the "Client"). The Tour Guide operates under the brand name CROSSING THE CITY, registered under number 24 5095575.
The Client acknowledges having read the GTC and having accepted them without reservation by returning the Offer (as defined below), duly signed, to the Tour Guide.
Any deviation from the Terms and Conditions must be included in the Offer or in writing, signed by authorized representatives of the Tour Guide and the Client.
The Client’s acceptance of the Terms and Conditions entails the Client’s waiver of the provisions of the Client’s general terms and conditions of purchase or any other provisions contained in its commercial documents, of any nature whatsoever, that may contradict the Terms and Conditions.
2.Object
The purpose of the Terms and Conditions is to define the terms and conditions for the sale of guided tours, whether on foot or not, physical or virtual, which are carried out by booking a time slot with the Tour Guide so that the latter can travel to the location of the tour (hereinafter, the "Tours"). It is specified that the Tours may involve the reservation of transportation necessary for the Tours (bicycles, boats, etc.), activities, and/or restaurants by the Tour Guide, if this is specified in the Offer. As such, the Tour Guide does not provide any travel services and does not offer any tourist packages within the meaning of Article L.211-2 of the French Tourism Code.
The Terms and Conditions are not intended to describe the Tours, unlike the Offer. It is specified that the Visits are never carried out in the museums of France and historical monuments, within the meaning of article L.221-1 of the Tourism Code, which the Client acknowledges. As such, if, during the Visit, the Client requests the Tourist Guide to accompany him in the museums of France and/or historical monuments, the Tourist Guide reserves the right to refuse, without incurring any liability. Thus, no refund may be requested.
3.Order
3.1 Terms and conditions for placing the Order
Each Client may contact the Tour Guide directly to order a Tour and inquire in advance on the website managed by the Tour Guide at the following address : crossingthecity.fr. However, the Client acknowledges that only the Offer is binding between the parties regarding pricing conditions, particularly when there is a contradiction between the pricing conditions displayed on said website and those indicated in the Offer. This contradiction is always justified by the Client’s specific needs, to which the Tour Guide adapts.
In any event, any Tour request made by the Client is the subject of a written offer issued by the Tour Guide, which may also take the form of a quote or order form, in paper or electronic form (hereinafter, the "Offer"), to which the General Terms and Conditions are attached. The Offer specifies, in particular, the number of participants, the location of the Tour, as well as the date and time of the Tour.
Unless otherwise stated, the terms and prices offered in the Offer are valid for a period of thirty (30) days following the sending of the Offer.
Any order placed by the Customer may require the Customer to pay a deposit as described in the Offer.
The Client’s acceptance of the Offer, duly signed by the latter on paper or electronically, and payment of the deposit, if applicable, constitute the placing of an order, which materializes the agreement between the Client and the Tour Guide regarding the Offer and the General Terms and Conditions (hereinafter, the "Order").
Any specific conditions of an existing Order will not automatically apply to subsequent Orders ; each Offer from the Tour Guide accepted by the Client will be treated as a separate contract.
Any additional request made by the Client will result in the issuance of a new Offer and will be treated as a new Order.
3.2 Declarations and commitments
Tours are reserved for any natural person at least eighteen (18) years of age or with the consent of their legal representative.
The Client therefore declares that all participants are :
– at least eighteen (18) years of age ;
– where applicable, have the consent of their legal representative.
The Tour Guide shall not be held liable for any damage suffered by the Client or a third party in the event that the Client has made false statements.
3.3 Modification of the Order
Any request to modify the Order must be submitted in writing by the Client to the Tour Guide, and will only be effective if expressly accepted by the latter.
Any modification may be subject to additional charges.
If one or more modifications are accepted, the Tour Guide will be released from the previously agreed deadlines for the execution of the Order.
3.4 Cancellation of the Order
3.4.1 Provisions applicable to Professional Clients
Orders placed with the Tour Guide are irrevocable for the Professional Client. The deposit paid by the Professional Client will not be refunded. Since the Professional Client is a professional purchasing within the scope and for the needs of their profession, the right of withdrawal provided for in the French Consumer Code is not applicable.
In the event that the Professional Client is not operating within the scope of their main activity and has fewer than six employees, they will be subject to Article 3.4.2 of the General Terms and Conditions.
3.4.2 Provisions applicable to Individual Clients
In accordance with the provisions of Article L.221-28, 12° of the French Consumer Code, which provides for an exception to the right of withdrawal in the case of :
"accommodation services, other than residential accommodation, goods transport services, car rentals, catering services, or leisure activities that must be provided on a specific date or during a specific period,"
the Customer acknowledges that the right of withdrawal provided for in Article L.221-18 of the French Consumer Code does not apply to the Order.
4. Prices and payment terms
4.1 Prices
The prices for the Tours are those indicated in the Offer. They are quoted in euros and include all taxes. The Offer also includes applicable travel expenses.
The Tour Guide reserves the right to modify their prices at any time. However, they undertake to invoice Orders at the prices indicated in the Offer.
4.2 Payment terms
4.2.1 Provisions applicable to all Customers
Invoices are sent to the Client by mail to the address provided by the latter or by email. Payment terms are specified in the Offer. Payment is made by bank transfer. It is specified that for Individual Clients, the Tour Guide reserves the right to send a payment link to proceed with the payment of the Order.
4.2.2 Provisions applicable to Professional Clients
In the event of late payment, a contractual penalty equal to three times the legal rate in force, as well as a fixed compensation for recovery costs of 40 euros, is applied. This penalty runs from the due date of the invoice and is payable upon simple request from the Tour Guide.
5. Carrying out Visits
Subject to what is stated in the Offer accepted by the Client, the Tour Guide remains free to determine the resources (personnel, organization, methods, processes, techniques, products) necessary to carry out the Tour, based on the Client’s needs.
The Tour Guide acknowledges that they are bound by a general obligation of means in the areas covered by the Order, including information, recommendations, and warnings. The Tour Guide provides the Client with all of their expertise and methods in the area covered by the Order. They undertake to carry out the Tour in accordance with best practice and in the best possible manner.
If the Tour Guide is unable to attend on the scheduled date of the Tour, the Client will be informed as soon as possible to arrange another date. If the Client and the Tour Guide cannot agree on another date, the Tour Guide undertakes to reimburse the Client as soon as possible.
6. Customer Obligations
The Client agrees to provide the Tour Guide with all information and documents necessary to fulfill the Order.
The Client agrees to travel to the Tour location by their own means and on time. They also agree to follow all instructions given by the Tour Guide during the Tour. Failing this, the Client shall not be held liable in this regard.
Clients are solely responsible for the selection and use of the Tours. It is their responsibility to verify the suitability of the Tours for their specific needs and constraints prior to purchasing said Tours.
The Client agrees to actively cooperate in the execution of the Tour and acknowledges, in particular, that the proper execution of the Order depends on their own cooperation and heeding the advice provided by the Tour Guide. Also, in the event of being unable to attend the scheduled date for the Tour, the Client undertakes to notify the Tour Guide at least 48 hours in advance and the Tour Guide undertakes to offer a new date. If this deadline is not respected, the Tour Guide reserves the right not to offer another date to the Client and not to offer any refund for the Order.
7. Responsibility
In the event of a fault attributable to the Tour Guide during the execution of the Order, the Client who provides proof of direct and personal damages shall be entitled to obtain compensation from the Tour Guide for the damages in question. Compensation for any indirect damages is expressly excluded.
In any event, for Professional Clients, the Tour Guide’s liability may not exceed the amounts received by them under the Offer.
The Tour Guide’s liability is excluded in the event of direct or indirect damages affecting property or persons suffered by the Client or a third party, resulting from the following cases :
– Negligence or fault committed by the Client or a third party ;
– Any use of the Tours in conditions that are clearly non-compliant.
The Client acknowledges that any damages resulting from the communication of incomplete, inaccurate or non-compliant data and/or information by the Client shall not be attributable to the Tour Guide. The Tour Guide shall not be held liable under any circumstances on the basis of information that turns out to be erroneous or illicit.
The Tourist Guide may not be held liable for non-performance or delay in the delivery or execution of Orders due to circumstances beyond its control or a case of force majeure, it being expressly specified that the following are considered cases of force majeure, in addition to those usually recognized by the case law of French courts : exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of breakdown or blockage of telecommunications networks, damage caused by viruses for which the security measures available on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the General Terms and Conditions.
8. Confidentiality and communication
Any information, of any nature whatsoever, communicated by one party to the other party in the course of executing the Order is considered confidential and must not be disclosed to a third party without the prior written consent of the party that communicated it.
As an exception to the above, the Client authorizes the Tour Guide to use their identification information strictly for the purpose of promoting their business online and/or on social media.
9. Processing of personal data
In accordance with Article 24 of the GDPR (Personal Data Protection Regulation) which came into force on May 25, 2018, the Tourist Guide undertakes to implement appropriate technical and organizational measures to guarantee the security of personal data and the rights of the persons whose data has been collected (the right to information, the right of access, the right of rectification and the right to erasure, the right to limit processing, the right to portability, etc.).
The Tour Guide may use personal data for commercial prospecting purposes by post, telephone or electronic means, subject to the consent of the persons concerned, and retained for this purpose for a period of three years from the end of the commercial relationship or the last contact with persons concerned by the use of their personal data. Similarly, they may be used for the purposes of optimizing, personalizing, and targeting commercial offers to improve the commercial relationship, and retained for this purpose for a period of one year. All of this data may be retained beyond the specified periods, in compliance with the applicable legal limitation periods. Any person concerned may give instructions relating to the retention, deletion and communication of their data after their death.
The Tour Guide or their subcontractor responsible for archiving must provide sufficient guarantees regarding the security and confidentiality of the data entrusted to them. Each data subject has the right to access, rectify, erase, object to, and limit processing. They may request data portability for the data they have provided and that is necessary for this document or for the processing to which they have consented. They may withdraw their consent at any time, provided it has been previously given. They may exercise these rights by specifying their first and last name, postal address, and attaching a copy of both sides of their identity document, by writing to the data controller.
If the data is to be transferred outside the EU, the Client will be informed and the safeguards in place to secure the data will be detailed.
In accordance with applicable regulations, the Client has the right to access, rectify, erase and transfer data concerning him/her, as well as the right to object to processing for legitimate reasons, rights which he/she may exercise by contacting the data controller at the following email address : fpellan49@gmail.com
10. Evolution of the General Terms and Conditions of sale
The Tour Guide reserves the right to modify the Terms and Conditions at any time. In this case, the Tour Guide will notify the Client.
The version of the Terms and Conditions applicable to the Client is the version in effect on the date of the Order.
11. Insurance
The Tourist Guide certifies that he holds a professional civil liability insurance policy covering direct damages that may result from the Order with the company HISCOX (foreign company registered under number 833 546 989) whose French establishment is located at 12 quai des Queyries - CS 41177- 33072 Bordeaux.
12. Force majeure
The parties’ obligations shall be suspended automatically and without formality, and their liability shall be released in the event of the occurrence of a force majeure event, understood as any event beyond the control of a party, which could not reasonably have been foreseen at the time of conclusion of the Order, and whose effects cannot be avoided by appropriate measures, in accordance with Article 1218 of the French Civil Code.
Force majeure events include, in particular : war, riot, revolution, strike, global epidemic, fire or explosion, natural disasters, and exceptional weather conditions. However, this suspension does not apply to payment obligations.
The party affected by these circumstances shall immediately notify the other party by registered letter with acknowledgment of receipt or any other internationally recognized courier, and shall use all means to resume performance of its obligations as soon as possible. After sixty (60) days of interruption of performance, each party may terminate the Offer automatically, without compensation, by written notice sent by registered letter with acknowledgment of receipt or any other internationally renowned courier, with effect from the date of sending of this notice.
13. Subcontracting
The Client authorizes the Tourist Guide to subcontract all or part of the Visits.
14. Partial Nullity - Non-Waiver
The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions. The fact that the Tourist Guide does not avail himself at a given time of any of the stipulations of the General Terms and Conditions cannot constitute a waiver of the right to avail himself subsequently of such a stipulation.
15. Applicable law and attribution of jurisdiction
15.1 Provisions applicable to all Customers
The T&Cs are subject to French law.
15.2 Provisions applicable to Professional Clients
In the absence of an amicable resolution, any dispute relating to the interpretation and execution of the General Terms and Conditions will be brought before the Commercial Court of Metz.
15.3 Provisions applicable to Individual Clients
In the event of a dispute, the French courts shall have sole jurisdiction. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Tour Guide/Accompanying Agent adheres to the mediation service of the Consumer Mediation Center of Justice Conciliators (CM2C).
In the event of a dispute, the Individual Client may submit their complaint on their website : https://www.cm2c.net/ or by post to 49 rue de Ponthieu – 75008 Paris.
Finally, it is reminded that mediation is not mandatory but is only offered to resolve disputes without recourse to court. If this mediation procedure fails, or if the Client wishes to refer the matter to a court, the rules of the French Code of Civil Procedure will apply. The Client may also contact the dispute resolution platform established by the European Commission at the following address : http://ec.europa.eu/consumers/odr/.
These General Terms and Conditions of Sale have been translated into English. Only the French version is applicable.