(GCS) General conditions of sale of Azur Locations Vacances

AZUR LOCATIONS VACANCES GENERALITY

The present conditions of sale are concluded on the one hand by Azur-locations-vacances – Yann Lefebvre 16 avenue Borriglione 06100 Nice, registered with the register of companies, under the number of Siret 79442325100014 RCS Nice,
hereinafter referred to as « the seller », and on the other hand, by any individual or legal entity wishing to make a purchase from Azur-locations-vacances, hereinafter referred to as « the buyer ». The present CGS are available for consultation on the Internet site.

Last update date : 31/01/2021

Subject

The present conditions of sale aim at defining the contractual relations between the salesman and the purchaser, as well as the conditions applicable to any purchase carried out by telephone, by mail, in direct or by Internet, that the purchaser is professional or consumer.
The acquisition of a service implies an acceptance without reserve by the buyer of the present conditions of sale.
These conditions of sale shall prevail over any other general or particular conditions not expressly approved by the seller.
The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.

GENERAL CONDITIONS FOR PARTICIPATION IN RECREATIONAL ACTIVITIES (GCP)

Some activities require physical abilities and conditions necessary for their practice. The buyer will be informed of them, will have to take note of them, accept them, and make them known and approved to all the participants.
The buyer will be solely responsible, if participants find themselves practicing an activity for which they do not have the necessary prerequisites, whether they have been informed or not, and for all the consequences that this may entail. The buyer reserves the right to cancel or deny access to participants who do not meet all the conditions, without any right to a refund.

PRICES

The prices displayed are in Euros and include VAT, taking into account the TVA exemption applied to the status of autoentrepreneur « TVA not applicable, article 293B of the CGI ». The seller reserves the right to change its prices at any time. In this case, the applicable price will be the one in effect at the date of the reservation by the buyer. All reservations, regardless of their origin, are payable in Euros. No refunds will be given if the invoice is lost or stolen.

ORDERS

For orders placed outside the website :

The seller informs the buyer of the details of the reservation, invites him to consult the present GCS as well as the General Conditions of Participation (GCP) relative to each of the proposed activities.
If a quotation has been drawn up, the order shall not become final until the purchaser has returned before the expiry date of the latter, duly dated, signed, sealed and marked « Good for agreement » and, as the case may be, deposit, security or any other stipulated document.

The seller reserves the right to cancel the reservation until all the documents have been sent to him.
When a buyer wishes to make a reservation, without an estimate having been established, the seller requests that a payment representing 50% of the reservation amount be sent to him. The reservation becomes final upon receipt of payment.

For orders placed through the website :

In accordance with the provisions of Article 1369-5 of the Civil Code, the consumer has the opportunity to check the details of his reservation and its total price, and if necessary to correct any errors before confirming it by expressing its acceptance. To finalize the reservation, the consumer must read the GCS and the GCP, accept them by checking a box provided for this purpose, and proceed to payment according to the terms provided (See payment method).
Confirmation of the reservation implies acceptance of these terms of sale as well as the general conditions of participation, the acknowledgement of having full knowledge of them and the waiver of its own conditions of purchase or other conditions.
The whole of the provided data and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.

The seller will communicate by e-mail a confirmation of the reservation summarizing the purchases made, the price applied and the essential characteristics of the services ordered. Reservations for leisure activities are subject to these Terms and Conditions as well as the GCP.

MODIFICATION, CANCELLATION, POSTPONEMENT AND REFUND

For orders placed outside the website :

In the case of a quotation accepted and signed « Good for agreement », the buyer must inform the seller in writing, before the date of the event, of any modification. In case of total or partial cancellation by the buyer (reduction in the number of participants or cancellation of activity), the latter is liable for cancellation fees representing a percentage of the cancelled services. This percentage varies depending on the date of cancellation according to the grid below:

More than 30 days before the event50% of the quote or cancelled services will be paid
From 2 days to 30 days of the event 60% of the quote or cancelled services will be paid
Less than 48 hours before the event100% of the quote or cancelled services will be paid

The exact number of participants must be confirmed at least 48 hours before the event. If the buyer wishes to increase the number of participants compared to what was foreseen at the time of the signature of the estimate, the salesman will do his best to satisfy the buyer but cannot be held responsible if he cannot provide the additional services. In any case, any request for modification of the services compared to the accepted estimate must be addressed in writing to the seller. In the absence of Seller’s acceptance, the contract shall be deemed to continue under the terms and conditions set forth in the accepted quote.

Any delay of the buyer and/or participants, causing the cancellation or modification of one or more activities will not give right to refund.

For orders placed through the website

Reservations sold via the Internet cannot be exchanged, resold or taken back. Any reservation purchased will not be refunded, even in the event that the reservation has not been used.

Cancellation by the seller

  • The vendor does not carry out the leisure activity booked or arrives more than 15 minutes after the stated start time, causing the customer to give up the leisure activity offered.
  • The vendor makes significant changes to the activity after the booking.
  • The proposed recreational activity presents a safety or health risk that could reasonably interfere with the client’s participation in the proposed recreational activity. The vendor reserves the right to modify or cancel, with or without prior notice, all or part of the activities if, in the vendor’s opinion, weather or security conditions may affect the safety and integrity of persons or property.

In these cases, modifications or changes of activities can be organized without the buyer or any participant being able to claim any compensation. In case of cancellation, a postponement of the date may be considered subject to availability, otherwise, the buyer will be fully refunded without being able to claim any other compensation.

TERMS OF PAYMENT

The price is payable at the time of order in its entirety for reservations by Internet.
In case of reservation without estimate, 50% are required at the time of order, and the balance is to be paid the day of the service.
In the case of a reservation made on the basis of an estimate, the terms of the deposit, the security deposit and the payment are specified on the estimate itself.

The payments made by transfer: They will have to be made on the account of which the salesman will have communicated the data, and considered validated once the account of the salesman credited.

Payments made by credit card on the website: they will be made through the secure system that uses the SSL protocol
(Secure Socket Layer) so that the information transmitted is encrypted by a software and that no third party can read it during the transport on the network. The buyer’s bank account will be debited with the amount of the order, upon final validation of the transaction.

RIGHT OF RETRACTION

The right of withdrawal cannot be exercised for contracts for the provision of accommodation services or leisure activities that must be provided on a specific date or during a specific period. (Article L. 121-21- 8 12° of the Consumer Code)

INSURANCE AND LIABILITY

The Seller is responsible for the proper performance of the Services ordered under the conditions set forth in these CGS and CGP

The seller is, in accordance with the law, insured for professional liability, however, these guarantees cannot replace the individual the individual insurance that each participant must have. If requested by the seller, a certificate of insurance coverage must be presented.

The buyer will be held responsible for all damages caused by himself, the participants or, the guests of the event and for all disappearances noticed in the installations and the material of the salesman, as well as for the damages caused to the person and the goods of the other customers.
If a security deposit was requested at the time of booking, it will be returned after deduction of any damage caused.

If the amount of damage is greater than the deposit, the buyer will be asked to pay the difference.
The seller declines all responsibility for damages of any kind (theft, degradation, fire…) affecting the goods of any kind brought by the buyer or the participants, no matter where the goods are stored.

The responsibility of the seller, who is only bound by an obligation of means with regard to online sales, cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of a computer virus and, in general, any other event expressly qualified by jurisprudence as a case of force majeure.

The obligations of the seller are automatically suspended without his responsibility being engaged, in case of non-performance linked to an event of force majeure or fortuitous events. It may decide to close access to the public, to all or part of the activities, for as long as necessary, if it considers that the weather or safety conditions may be detrimental to the safety and integrity of persons or property.
The seller will inform the buyer of the occurrence of such an event by any means. In this case, the seller can propose to the buyer another date of services or a refund.

PERSONAL DATA

The buyer can consult them in the « Privacy Policy » section

CLAIMS, DISPUTES AND LITIGATION

The present conditions of sale are subject to French law. Any complaint or dispute must be addressed to the seller by registered letter with acknowledgement of receipt, within eight (8) days after the end of the service, accompanied by all supporting documents issued to the buyer as part of his order. After this period, no request can be accepted.
The seller will archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. the provisions of article 1348 of the Civil Code.
The computerized records of the seller will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

In accordance with articles L.612-1 to L.616-3 of the Consumer Code, any consumer Customer has the right to have recourse, free of charge, to a consumer mediator, whose contact details are given in the « Legal Notice » section, with a view to the amicable resolution of the dispute between him/her and the seller. The buyer remains free to accept or refuse the recourse to mediation and in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.

If the dispute remains after exhaustion of internal remedies (either a written complaint addressed by the consumer to the professional, then in case of disagreement or lack of response within two months, the seizure of the mediator of consumption), the consumer will be able to seize the TGI of Nice (place of the head office of the seller).