General Conditions of Sale
Preamble
The General Conditions of Sale below apply to the sale of guided tour services provided by the individual company :
Emanuele Santi EI (below « Guide » , « we » , « our » ),
située au 104A Rue du Bord d’Amo, 74140 Sciez (France)
Tel: +33 6 51 26 24 75
E-mail: info@lemanvisites.com
SIREN/SIRET : 92529391200018
In accordance with the regulations in force, Emanuele Santi holds the professional guide-lecturer card n° GC 23-74-004 P, issued by the French Ministries of Tourism and Culture.
The Customer declares to accept the following provisions by placing an order for a service. Placing an order implies on the part of the customer full acceptance of these general conditions of sale, as well as full legal capacity allowing him to commit to these general conditions of sale.
These general conditions are accessible at any time on the site www.lemanvisites.com (below the “Site”) and can be communicated if requested from the customers. They may be modified at any time and their modifications must appear on the Site.
Article 1 - Order and reservation
(1) Reservations for a guided tour can be made on the Website www.lemanvisites.com in the “guided tours” section. It is also possible to request a personalized quote (for example for a personalized tour) through the contact form on the Site or by e-mail to info@lemanvisites.com
(2) For services purchased on the Site, you must read the description of the service offered carefully before placing an order. The description of the services presents the essential characteristics of the services, in accordance with article L. 111-1 of the French Consumer Code. These descriptions are designed to provide you with the most complete information about their characteristics, without being exhaustive. Photographs, drawings and descriptions of the services offered are provided for informational purposes only and are not contractual.
(3) You can choose the services offered and available appointments that you intend to book and collect them in your shopping cart by making the appropriate selections (for example type of service , number of participants, date and scheduled time of the visit) and by clicking on the corresponding button.
(4) Before clicking on the “Reservation subject to payment” button, all the services offered and the appointments you have chosen, including the total price, are displayed again in a reservation summary. You can then identify and correct any entry errors before definitively validating your reservation. By clicking on the “Reservation subject to payment” button, you place a firm order to reserve the services offered during the chosen appointment. However, the reservation request can only be placed and transmitted if you have accepted these Conditions by clicking on the check box provided for this purpose, including them in your reservation request.
(5) The Customer will receive an automatic confirmation by e-mail, in which his reservation request will be summarized again and which he can print or save using the corresponding function. Automatic confirmation of receipt only documents your reservation request and does not constitute acceptance.
(6) The legally binding agreement for the reservation of the services offered is only concluded when we send you a notice of acceptance by e-mail. We reserve the right not to accept your reservation request. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately (for example, an electronic money transfer, or a bank transfer instant via Paypal, or any similar payment method). In this case, the legally binding agreement is concluded when you complete the Reservation process, as described above, by pressing the “Reservation subject to payment” button.
Article 2 - Member account
(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.
(2) If someone other than you accesses your Member Account and/or any of your settings, they will be able to perform any actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials safe and secure. All such activities may be deemed to have occurred in your name and on your behalf, and you will be solely responsible for all activities that occur under your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities carried out on your Member Account as previously described if you negligently permitted the use of your Member Account by failing to take reasonable care to protect your login credentials.
(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the “Social Network Account”). If you register through a third-party platform account, you authorize us to access certain information about you that is stored in your Social Media Account.
(4) You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable standards in our industry (e.g. PCI DSS). You will be able to identify your stored card by its last four digits.
(5) We may temporarily or permanently close or suspend your access to your Member Account without liability, in order to protect ourselves, our Site and services or other users, including if you violate any provision of the these Terms or any applicable laws or regulations in connection with your use of the Site or your Member Account. We may do this without notice to you if circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to close your Member Account without cause, by providing you within two months notice by email, if we close our Member Account program or for any other reason. You can stop using your Member Account and request its deletion at any time by contacting us (info@lemanvisites.com).
Article 3 - Rates
(1) All prices for the services offered include only the guided tour service.
(2) The services are provided at the prices indicated on the Site at the time of reservation. Prices are indicated in euros and are net prices (VAT not applicable – article 293 B of the French CGI).
(3) Emanuele Santi EI sreserves the right to modify the prices displayed for the Services offered at any time (provided that only you will be billed the agreed amount before any price modification), and to correct price errors which may occur inadvertently, with effect for the future. Additional information on prices and value added tax (VAT) at the current rate and other applicable taxes, fees or charges is available on the Site during the reservation process.
Article 4 - Payment conditions
(1) Reservations made on the site www.lemanvisites.com must be paid at once and in full at the time of booking on the online payment platform.
(2) For reservations based on a personalized quote, payment is made by SEPA bank transfer. Following reception of the quote signed by the Customer, bank details will be communicated for the payment.
(3) Emanuele Santi EI will not provide the guided tour service if the payment for the tour has not been made in full according to the conditions indicated above.
Article 5 - Cancellation and refund conditions
(1) In the event of cancellation of the service by the Customer after confirmation of the reservation on the site or signature of the personalized quote, the following refund conditions apply:
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Cancellation made up to 7 calendar days before the start of the service: the order will be refunded in full.
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Cancellation made between 7 calendar days and 48 hours before the start of the service: the order will be refunded up to 50%.
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Cancellation made between 48 hours and the start of the service: the order is due in full and no refund will be possible.
(2) In all cases, the cancellation of an order must be made by e-mail to info@lemanvisites.com indicating:
- first and last name of the Customer
- reservation details
- Customer's bank details
(3) The refund will be made by SEPA bank transfer in euros within 7 days after receipt of the request and transmission of their banking information by the Customer. A credit invoice will be issued by Emanuele Santi EI to the Customer.
(4) In the event of cancellation of the service by the Guide, Emanuele Santi EI undertakes to refund the service in full or to offer to postpone the visit to a later date.
(5) If it is impossible to carry out the visit, for a reason not attributable to the Guide (closure of a site due to weather conditions, demonstrations, strikes at the site, exceptional closure, etc.), solutions will be considered case by case: refund (partial or total), postponement or change of tour. No compensation may be claimed by the Customer for damaging non-performance.
Article 6 - Conditions of performance of the service
(1) The Guide undertakes to be present on the date, time and meeting point defined in the reservation. The Client must ensure to show up on the date, time and meeting point defined for the departure of the tour.
(2) If the Client is late, he/she is required to inform the guide by phone. The Guide undertakes to remain waiting for the client for a maximum of 30 minutes after the agreed time. However, the duration of the visit cannot be extended if the Client is late. In the event of no-show by the Client, and without news from him/her up to 30 minutes after the scheduled start of the visit, the visit will be canceled and no refund will be possible.
(3) Guided tours are maintained in the event of rain.Guided tours are maintained in the event of rain.
Article 7 - Responsibility
(1) The services offered by Emanuele Santi EI comply with French legislation in force. In the event of a dispute, the French courts will have exclusive jurisdiction.
(2) During the visit, participants are under their own civil responsibility. Emanuele Santi EI cannot be held liable, particularly in the event of :
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Theft or loss of objects or valuables belonging to the Client or participants
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Bodily or material accident suffered by the Client or participants during the service
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Damage, direct or indirect, and of any nature whatsoever, that the Client or participants could cause to other participants
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Damage caused by the Client or participants in the museums or sites visited.
Article 8 - Confidentiality
(1) Photos and videos may be taken by the Customer during visits, in compliance with the rules set by each site. In the event that these photos and videos are posted on the Internet, the agreement of all the people taken in the photo, including the Guide, must have been obtained beforehand.
(2) No audio or video recording of the visit is permitted.
Article 9 - Mediation of consumer disputes
In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, Emanuele Santi EI has set up a consumer mediation system. The mediation entity selected is: CNPM - MEDIATION DE LA CONSOMMATION. In the event of a dispute, you can submit your complaint in french on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27, Avenue de la Libération – 42400 SAINT CHAMOND
More informations in english about consumers disputes can be found on the website of the EU-Commission : https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en