TERMS AND CONDITIONS
TERMS AND CONDITIONS
AGENCE VOYAGES ET BUSINESS
The company AGENCE VOYAGES ET BUSINESS, hereinafter referred to as the SERVICE PROVIDER is a société par actions simplifiée [simplified joint-stock company] registered with the Registre du commerce et des sociétés [Companies Registry] of NANTERRE under number 379 993 553, and with the Registre des opérateurs de voyages et de séjours [Registry of Travel Operators] under number IMO92120071, with head offices located at 22-28, rue Henri Barbusse – 92110 Clichy. These general terms and conditions exclusively apply to the services offered by the SERVICE PROVIDER on the www.g7booking.com website, in both desktop and mobile format. They are accessible at any time on the www.g7booking.com website and shall prevail, where applicable, over any other version or any other document to the contrary. In the absence of any other evidence, the information saved on the SERVICE PROVIDER’s IT system constitutes evidence of all transactions carried out with the USER.
1/ PURPOSE OF THE CONTRACT/DEFINITIONSThe company AGENCE VOYAGES ET BUSINESS (hereinafter “the SERVICE PROVIDER”) provides a website that allows taxi transfer services in France and abroad to be compared and purchased, allowing the client (hereinafter “the USER”) to book a ‘door-to-door’ transfer that meets their needs at a price agreed upon in advance online.
Using its desktop and mobile www.g7booking.com com site, the SERVICE PROVIDER sells its clients a range of transfer solutions with different types of vehicle (taxi, minibus, etc.) as well as a personalised service. To this end, the SERVICE PROVIDER has selected: - - Trustworthy and reliable operators and partners, from whom it purchases transfer services that include a wide range of vehicles and optional add-ons that it displays on its www.g7booking.com website, - - A range of secure, straightforward payment methods.A purchase on the www.g7booking.com website is refers to any booking with obligation to pay carried out online by the USER and approved by the SERVICE PROVIDER. Contracts are concluded between the AGENCE VOYAGES ET BUSINESS company and the USER, and by purchasing a service via the website, the USER directly and exclusively concludes a contract with the SERVICE PROVIDER, unless otherwise expressly indicated to the contrary.
2/ ACCEPTANCE OF THE G7BOOKING GENERAL TERMS AND CONDITIONS
G7BOOKING is reserved for natural persons as well as legal persons operating on behalf of their employees or representatives. The SERVICE PROVIDER cannot accept bookings made on behalf of minors. Booking a G7BOOKING service implies the USER’s full, total and irrevocable acceptance of these general terms and conditions. The SERVICE PROVIDER reserves the right to modify the terms of these general terms and conditions at any time and shall inform the USER thereof. The provisions applicable to the USER’s purchase are those in force on the website on the date of booking. Changes to these general terms and conditions are applicable to USERS of the www.g7booking.com website beginning on the date on which they are uploaded, and cannot be applied to transactions processed at an earlier date. The USER is required to read and accept the terms without restriction nor reservation prior to making any booking, by ticking the designated box on the www.g7booking.com website.
3/ ACCESS TO G7BOOKING SERVICES/HOW THE WWW.G7BOOKING.COM SITE WORKS
3.1 Access to the services Access to G7BOOKING services is available 24/7 via the www.g7booking.com desktop and mobile websites. The SERVICE PROVIDER cannot be held responsible for any potential interruptions to its online booking service that may interfere with its proper functioning in the event of force majeure or events caused by a third party, and in particular in the event of breakdowns and malfunctioning that affects the communication networks used as part of the G7BOOKING service. In such an event, the SERVICE PROVIDER undertakes to correct the situation to the best of its ability and capacity, and without delay. Consequently, any unconfirmed bookings that may have suddenly been interrupted in any way, shall be cancelled by the SERVICE PROVIDER and must be reinitialised by the USER. Access to the services equally depends on the technical and IT condition of the equipment used by the USER. The USER undertakes not to use the www.g7booking.com site for illegal or prohibited purposes. In addition, the USER undertakes not to resell the services they may have purchased on the site, except in the event of any specific provisions to the contrary agreed upon with the SERVICE PROVIDER. Any use that fails to comply with these general terms and conditions may result in access being denied to the www.g7booking.com website at any time, and this without prior notice. At its sole discretion, the SERVICE PROVIDER may also restrict user access to the site and/or close accounts belonging to a USER using the site for fraudulent purposes. 3.2 How the www.g7booking.com site works The USER books their taxi transfer request after having taken note of: - The different offers and options available, - The procedures related to executing, changing or cancelling their booking. A booking summary is displayed online prior to payment. The USER proceeds to pay for their booking as soon as the booking in question is confirmed by the SERVICE PROVIDER. The USER agrees to the use of this electronic platform as a means of forming the contract. The electronic document serving as the contract for their transfer will be saved in the SERVICE PROVIDER's IT database, to which the USER may be granted access at any time.
4/ CONDITIONS OF PURCHASE
The USER acknowledges having read the clear, comprehensible information found on the www.g7booking.com website prior to making their booking, as well as these general terms and conditions and all information related to the essential characteristics of the services covered by their booking. 4.1 The booking process The USER proceeds to make a booking either via the www.g7booking.com desktop website or via the g7booking.com mobile site. When making their first booking, the USER provides the information required to create a personal account. In particular, the USER must provide an email address and choose a password that will allow them to access the G7BOOKING services, to make a booking and a payment. The USER is responsible for keeping their password confidential and must ensure never to share it with a third party. Any booking made via their personal account is assumed to have been made by the USER. The USER is also required to enter their bank card details strictly required to make an online payment. The USER guarantees that the details they provide in their client account are accurate and correct, and declares that they enjoy the legal capacity to enter into a contract under these general terms and conditions. The USER accepts that their bank card details shall be kept by the SERVICE PROVIDER's bank in order to be reused for purchases made during a later session. A booking confirmation shall be sent to the USER's email address, detailing the services and any potential add-ons booked. The sale of G7BOOKING services shall only be considered as final once an order validation confirmation has been sent to the USER by the SERVICE PROVIDER via email, and after the latter has received full payment. However, in the event that the booking confirmation email in question is not received by the USER, the booking is deemed to be final and accepted by the USER as long as the latter has confirmed and paid for their booking. It is the USER's responsibility to check that the booking information is correct, and to notify the SERVICE PROVIDER of any potential errors. 4.2 Changes and cancellations to a booking made by the USER Once their booking has been finalised, the USER may change or cancel their booking within the timelines made explicit in their booking confirmation. These timelines vary according to the nature of the booking made, and the final service provider responsible for the transfer in question. In the event of changes resulting in a price change (whether higher or lower), the USER must either proceed to pay the difference, or shall be refunded the difference directly by the SERVICE PROVIDER within 8 working days. In the event of a cancellation made within the aforementioned timelines, the USER shall receive a full refund for their purchase within 8 working days. 4.3 Prices and payment methods The services offered by the SERVICE PROVIDER on the www.g7booking.com website are provided at the rates in force on the day on which the booking acceptance confirmation is issued by the SERVICE PROVIDER, as made explicit to the USER prior to the booking process. The price paid by the USER is an All-Inclusive Fee. The fee is payable in full by the USER on the day on which the booking is made by secure online bank card payment (Visa, MasterCard, American Express). An All-Inclusive Fee means the total amount of accumulated costs for the services covered by the booking. This amount includes all taxes. Payment of the All-inclusive Fee may only be made by the USER via the aforementioned payment methods and must be made at the end of the booking process, except in the event of any contractual provision specifically arranged between the parties. Payment methods other than those indicated above are not accepted. The SERVICE PROVIDER declines all responsibility in cases where payments made in cash or by cheque are sent by post. The amount shall be immediately debited from the USER’s bank card following verification of the latter’s details, and upon authorisation from the USER's bank card issuer. In compliance with Article L.132.2 of the Monetary and Financial Code, payment made with a payment card is irrevocable. By entering information pertaining to their bank card, the USER authorises the SERVICE PROVIDER to debit an amount corresponding to the All-Inclusive Fee from their card. The USER therefore confirms that they are the cardholder for the card to be debited, and that the name that features on the bank card is effectively their own. The USER is required to enter the sixteen-figure bank card number and expiry date as well as the security code, where applicable. In the event that the All-Inclusive Fee fails to be debited for whatever reason, the booking shall not be considered valid and shall automatically be cancelled. The booked services cannot be provided in cases where the All-inclusive Fee has not been fully paid in advance to the SERVICE PROVIDER. The SERVICE PROVIDER makes every effort to ensure confidentiality and security of data shared on the www.g7booking.com site.
5/ USER PICK-UP PROCEDURES AND TRANSFER CONDITIONS5.1 Compliance with pick-up procedures The USER undertakes to comply with the pick-up procedures provided by the SERVICE PROVIDER and detailed in the order confirmation email. Failure to comply with the procedure by the USER will result in pick-up failing to be carried out in the intended conditions. In this case, the SERVICE PROVIDER cannot be held responsible for the trip failing to take place. No refunds shall be issued in the event of a no-show at the pick-up location at the specified time. 5.2 Conditions of transfer The USER's transfer is carried out by one of the SERVICE PROVIDER's partners. As soon as pick-up has been completed, the USER is the designated partner's responsibility. In the event of a delay in the transfer and/or the damage or loss of luggage or transfer cancellation made by the partner, the USER is advised to keep all documentation in order to seek compensation from the partner in question. Any complaint made by the USER in relation to their transfer can be sent to the SERVICE PROVIDER under the conditions specified in the 'COMPLAINTS' clause below.
6/ LIMITATION OF LIABILITY
6.1 6.1 The SERVICE PROVIDER is the editor of the www.g7booking.com site on which it publishes various information concerning the services made available and provided by third parties (end service providers), but cannot guarantee the authenticity, accuracy and exhaustiveness of these offers, nor their up-to-date status. Some of the information is occasionally cached and is only verified in real-time during the USER booking confirmation process. 6.2 The SERVICE PROVIDER's limited liability complies with the legislation currently in force, and in particular, with the provisions of regulations applicable to travel agencies. The SERVICE PROVIDER declines all responsibility for damage resulting directly or indirectly from the purchasing of a service offered on its www.g7booking.com website. Its liability is limited, at any time, to the amounts of the products sold by the SERVICE PROVIDER. 6.3 If in the event of force majeure (including in particular political or social upheaval or precarious situations that may affect security), anomalies are detected in bookings, confirmations, and/or the executing of transfers or the provision of services due to unforeseeable events that are outside of the SERVICE PROVIDER's control, the SERVICE PROVIDER and/or the companies in the SERVICE PROVIDER's group are released from any legal responsibilities that may arise as a result of these anomalies or non-compliance.
7/ ABSENCE OF A RIGHT OF WITHDRAWAL
In application of Article L.121-16-1 of the Consumer Code, the services offered by the SERVICE PROVIDER are not subject to application of the right of withdrawal as specified in Articles L 121- 21 of the Consumer Code.
8/ INTELLECTUAL PROPERTY
The content of the www.g7booking.com website is the property of the SERVICE PROVIDER and is protected by French and international law governing intellectual property. Any full or partial reproduction of this content is strictly prohibited and may constitute a counterfeit offence. In addition, all marks, whether figurative or not, and more generally all trademarks, illustrations, images, logos and other distinctive signs that refer to the services available on www.g7booking.com, whether registered trademarks or otherwise, are and remain the sole and exclusive property of the SERVICE PROVIDER, with the exception of distinctive elements (and logos in particular) provided by the SERVICE PROVIDER's end providers. Any whole or partial reproduction, modification or use of these trademarks, illustrations, images and logos, irrespective of purpose, medium and format, without the SERVICE PROVIDER's prior express approval, is strictly prohibited. The same applies to any of the aforementioned elements being combined with or used alongside any other trademark, symbol, logo and more generally any distinctive sign designed to form a composite logo. The same applies to all copyrights, designs, models and patents, which are the SERVICE PROVIDER's property.
9 / REPRODUCTION OF ARTICLES R.211-3 TO R.211-11 OF THE FRENCH CODE OF TOURISM
"Article R.211-3: Subject to the exclusions set out in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel services or stays must give rise to proper documentation that complies with the rules defined in this section. In the event of sales of plane tickets or train tickets not including any services related to these forms of transport, the vendor must provide the buyer with one or several travel tickets valid for the entire journey, issued by or on behalf of the transporter. With respect to on-demand transport, the name and address of the transporter for whom the tickets are being issued must feature on the tickets. Separate invoicing of the various components of a tourist package does not release the vendor from its obligations under the regulatory provisions of this section. Article R.211-3-1: The act of sharing pre-contractual information or making contractual conditions available must be carried out in writing. This may be carried out by email under the conditions of validity and execution set forth under Articles 1369-1 to 1369-11 of the Civil Code. This must include the vendor's name or trade name and address, as well as information pertaining to registration with a registry as stipulated under Article L. 141-3, or, where applicable, the name, address and registration details for the association or union mentioned in the second paragraph of Article R. 211-2. Article R.211-4: Prior to the signature of a contract, the vendor must provide the consumer with information regarding prices, dates and other details related to the services provided for the trip or stay, such as: 1° Destination, means, characteristics and categories of the transport used; 2° Accommodation type, location, level of comfort and main features, its category and tourism ranking with respect to the host country's standards or regulations; 3° Catering services provided; 4° Itinerary details for tours; 5° Administrative formalities and health checks to be carried out by nationals or citizens of a country outside of the European Union or European Economic Activity Area, particularly with respect to border crossings and related time-frames; 6° Tours, trips and other services included in the package or potentially available upon payment of an additional fee; 7° Minimum or maximum group numbers required for the trip or stay to take place, as well as the deadline for notifying consumers of a potential trip or stay cancellation if the trip or stay is subject to a minimum or maximum number of participants, with this date set no less than twenty-one days prior to the departure date; 8° The amount or percentage of the price to be paid as a down payment upon signing the contract, as well as a full payment schedule; 9° Price revision terms as provided for by the contract in application of Article R. 211-8; 10° Conditions for cancellation of a contractual nature; 11° Conditions for cancellation defined under Articles R. 211-9, R. 211-10 and R. 211-11; 12° Information concerning optional insurance contracts covering the consequences of some cancellation cases or a travel assistance contract covering some specific risks, notably repatriation fees in case of accidents or illness; 13° If the contract includes air travel services, information pertaining to each leg of the flight, as stated in Articles R. 211-15 to R. 211-18. Article R.211-5: Prior information provided to the consumer binds the vendor, unless the latter states in the information that it expressly reserves the right to change some of its elements. In this case, the vendor must clearly state the extent to which changes may be made, and the elements that may be affected. In all cases, consumers must be made aware of changes made to the information provided prior to the signature of the contract. Article R.211-6: The contract signed by the vendor and buyer must form a written document in two copies, with one copy provided to the buyer and both signed by the two parties. If the contract is signed electronically, it is subject to Articles 1369-1 to 1369-11 of the Civil Code. The contract must contain the following clauses: 1° The vendor's name and address, its guarantor and insurer as well as the name and address of the organiser; 2° The destination or destinations of the trip and, in the event of a staggered trip, the various durations of the legs of the journey and their dates; 3° The means, characteristics and categories of the transport used, the departure and return journey dates and locations; 4° Accommodation type, location, level of comfort and main features, its category and tourism ranking with respect to the host country's standards or regulations; 5° Catering services available; 6° Itinerary details for tours; 7° Tours, trips and other services included in the total price of the trip or stay; 8° The total price for the services billed as well as an indication of any potential revisions to the billed price under the provisions of Article R. 211-8; 9° Information, where applicable, concerning fees or taxes related to some services such as landing fees or boarding taxes in ports and airports and tourist taxes when not included in the price of the provided service(s); 10° Payment methods and schedule; the last payment to be made by the buyer cannot be less than 30% of the price of the journey or stay and must be made upon receiving the travel or stay documents; 11° Any particular conditions requested by the buyer and accepted by the vendor; 12° Procedures by which the buyer may file a complaint against the vendor for non-performance or poor execution of the contract, with the complaint being filed as soon as possible, by any means resulting in the vendor issuing proof of receipt, and where applicable, sent in writing to the relevant travel organiser and service provider; 13° The deadline by which the vendor must inform the buyer of a trip or stay cancellation in cases where a trip or stay may only take place with a minimum number of participants, in compliance with the provisions of 7° of Article R. 211-4; 14° Conditions for cancellation of a contractual nature; 15° Conditions for cancellation defined under Articles R. 211-9, R. 211-10 and R. 211-11; 16° Details concerning the risks and amounts covered by the insurance policy covering the consequences of the vendor's professional liability; 17°Details concerning the insurance policy covering the consequences of some cases of cancellation taken out by the buyer (policy number and name of insurer) as well as details for the travel assistance contract covering some specific risks, notably repatriation costs in the event of an accident or illness. In this case, the vendor must supply the buyer with a document detailing at least the covered and excluded risks; 18° The deadline for informing the vendor in the event that the buyer wishes to terminate the contract; 19° The obligation to provide the buyer with the following information at least ten days prior to the scheduled departure date: a) The name, address and phone number of the vendor's local representative, or failing this, the names, addresses and phone numbers of local bodies capable of assisting the consumer in the event of difficulty, or failing this, a phone number the vendor may be reached on in an emergency; b) For trips and stays involving minors abroad, a phone number and address at which the child or their on-site trip representative may be reached directly; 20° The break clause and clause concerning the penalty-free refund of amounts paid by the buyer in the event of non-compliance with the obligation to provide information detailed in 13° of Article R. 211-4; 21° The obligation to provide the buyer with their departure and arrival times, in good time before the beginning of the trip or stay. Article R.211-7: The buyer may assign their contract to an assignee fulfilling the same conditions as the former to undertake the trip or stay, provided the journey has not yet begun. Provided no stipulation more favourable to the assignor is in place, the assignor must inform the vendor of their decision by any method resulting in proof of receipt, no later than seven days prior to the beginning of the trip. This deadline is extended to fifteen days for cruises. In no case is this assignment subject to the vendor's prior approval. Article R.211-8: When the contract includes the express possibility of prices being revised, subject to the limits set out in Article L.211-12, the contract must define the precise means by which prices, whether decreased or increased, price changes and in particular transport costs and related taxes are calculated, as well as currency conversions that may affect the price of the trip or stay, the proportion of the price to which the variation applies, and the exchange rate(s) used as a benchmark when establishing the price that features on the contract. Article R.211-9: If the vendor is obliged to make changes to a key component of the contract prior to the buyer's departure, such as a significant increase in price, and if they fail to meet the obligation of information as stated in 13° of Article R. 211-4, the buyer may, without prejudice to their right to seek compensation for any potential damages, and after having been informed of the fact by any means resulting in proof of receipt: -terminate the contract and receive a full and immediate refund of any amounts paid; -accept the change or replacement journey offered by the vendor, in which case an amendment to the contract specifying all changes made shall be signed by the parties, with any reduction in price being deducted from any potential outstanding amounts due to be paid by the buyer, or if payment made by the latter exceeds the price of the modified service, with any overpayment being refunded prior to the date of departure. Article R.211-10: In the case outlined under Article L. 211-14, if the vendor cancels a trip or stay prior to the buyer's departure, it must inform the buyer by any means resulting in proof of receipt. The buyer shall then receive a full and immediate refund of any amounts paid, and this without prejudice to the buyer's right to seek compensation for any potential damage. In this case, the buyer shall receive compensation at least equal to the penalty that would have been incurred had they been responsible for the cancellation on the same date. The provisions of this article shall in no way undermine reaching an amiable contract resulting in the buyer accepting the replacement trip or stay offered by the vendor. Article R.211-11: If, after the buyer's departure, the vendor is incapable of providing a large proportion of the services specified under the contract, accounting for a significant percentage of the price committed to by the buyer, the vendor must immediately take the following measures, without prejudice to seeking compensation for any damages that may potentially occur: -either offer replacement services for the planned services, bearing responsibility for any potential additional costs, and if the services accepted by the buyer are of lesser quality, the vendor must refund the difference in price upon the buyer's return; -or, if the vendor cannot offer any replacement service or if the latter is refused by the buyer for valid reasons, the vendor must provide the buyer with transport tickets at no extra cost to ensure their return journey in conditions deemed to be of equal standards, to the point of departure or a location agreed upon by the two parties. The provisions of this article are applicable in the event of non-compliance with the obligation outlined in 13° of Article R. 211-4."
10 / REQUIRED INFORMATION (ART. L.221.10 OF THE CODE OF TOURISM)
Organiser and vendor: AGENCE VOYAGES ET BUSINESS, Société par Actions Simplifiée [Simplified Joint-Stock Company] with head office located at 22-28, rue Henri Barbusse – 92110 Clichy, registered at the RCS [Companies Registry] of Nanterre under number 379 993 553. Telephone: +33 (0) 1 41 27 66 77 Email: [email protected] Financial Guarantor: Guarantee for tourism professionals issued by CREDIT LYONNAIS, 18 rue de La République 69002 LYON Professional Liability Insurance for travel operators issued by COVEA RISKS, 19, 21 Allée de l’Europe – 92616 Clichy Cedex Risks covered: The financial consequences of the professional liability resulting from the AGENCE VOYAGES ET BUSINESS' area of business are covered, which may arise: • With respect to the buyer, resulting from a failure to fulfil or partial fulfilment of the obligations under this contract, whether the obligations in question are to be executed by their own care or by other service providers, without prejudice to their right to take action against the latter; • Due to damages caused to clients, service providers or third parties following mistakes, errors (de facto or legal), omissions or negligence when marketing, organising and selling the services defined under Articles 1 and 25 of law n°92-645 of 13 July 1992, whether due to the insured party or its agents, whether salaried or contracted, as well as all parties related to the insured party under the conditions set out in Articles 26 and 27 of Decree n°94-490 of 15 June 1994; • Due to the loss, deterioration or theft of luggage and items entrusted to the insured party by the client; • Due to missing transport tickets and/or additional services entrusted to the insured party by transport companies.
11 / COMPLAINTS
The USER must send any potential complaints to the customer service department by post or email to [email protected], quoting their booking reference number and booking date. Any complaint must reach the SERVICE PROVIDER no later than one (1) month from the date on which the transfer took place, by letter sent by registered post with proof of receipt.
12 / COOKIES
The USER acknowledges having been made aware of the use of 'temporary cookies' designed to identify visitors after logging on for the duration of the session. These cookies are saved and remain active until the visitor ends the session, either by clicking the button designed for this purpose on the online booking home page, or by closing their browser (the cookies are then normally automatically deleted). Although they are not advised to do so, USERS may decline the use of these cookies without hindrance to site accessibility, by configuring their browser as required.
13 / DATA PROTECTION AND FREEDOM
In application of Law 78-17 of 6 January 1978, the USER is reminded that all personal data requested of them is necessary to processing their order and creating invoices, in particular. This data may be shared with the SERVICE PROVIDER's partners responsible for booking execution, processing, management and payment. The processing of information shared via the www.g7booking.com website has been recorded with the CNIL [Data protection authority]. In line with national and European regulations in force, the USER has the right to permanently access, modify, rectify and oppose the use of information pertaining to them. This right may be exercised by writing to the SERVICE PROVIDER at the address provided in these general terms and conditions, attaching proof of identity.
14 / APPLICABLE LAW/SETTLEMENT OF DISPUTES
These general terms and conditions and the resulting procedures and operations are governed by and subject to French law. They are written in French. Should they be translated into one or several foreign languages, the French text alone shall prevail in the event of dispute. If no amicable resolution is reached, all disputes arising from the validity, interpretation or execution of these general terms and conditions and those of the resulting services shall be resolved by the French courts. If the USER has trading status, the Commercial Court of Nanterre shall have exclusive jurisdiction. If the USER is a consumer, they may open proceedings in the jurisdiction of their choosing, or opt for conventional mediation, in particular that of the commission de la médiation de la consommation [consumer mediation commission] (Art. L 534-7 of the Consumer Code) or any other alternative dispute settlement method (such as conciliation) in the event of a disagreement.