Terms and conditions of web leisure – Golfe de Saint-Tropez Développement
Article 1: Purpose
These general terms and conditions of sale determine the rights and obligations between the seller (hereinafter the ” Provider “) and the customer (hereinafter the ” Customer “) on the website www.amusezvous.net or on any other sales medium related to the “Amusez-vous” Golfe de Saint-Tropez operation.
Golfe de Saint-Tropez Développement, Société Publique Locale, registered in the register of travel and holiday operators held by Atout France under no. IM083110008, with share capital of €122,512 and registered office at 2 rue Blaise Pascal – Hôtel Communautaire – 83310 Cogolin (Siret: 389 339 581 000 24) (hereinafter the ” SPL GSTD “) acts as an intermediary to put the Customer and the Activity Provider in contact on the e-commerce site www.amusezvous.net (hereinafter the ” Platform “), using the Regiondo reservation management system.
SPL GSTD therefore acts neither as a seller nor as an organizer of the services marketed by the Service Provider within the meaning of the French Tourism Code, so that the provisions of the French Tourism Code do not apply to it in respect of the services sold on the Platform.
As the Platform is an Internet Distribution System known as a Marketplace on which the Service Provider markets its services directly to the Customer, SPL GSTD cannot be held liable for the services sold/booked thereon.
Article 2: General provisions
The customer declares that he has read and understood the present terms and conditions of sale, and accepts them without restriction or reservation.
Article 3: Customer information
The Customer acknowledges having received all essential information about the activity ordered.
The main characteristics of the services relating to the activity sold by each Service Provider are described on the Platform as well as on any other sales support related to the “Amusez-vous” Golfe de Saint-Tropez operation.
The Service Provider is solely responsible for the proper execution of the services offered. The Customer receives by e-mail the validation of his order followed by the confirmation after validation of the Provider on the feasibility of the activity and choice of the time slot.
Article 4: Rates
The prices of the activities featured on the Platform are quoted in euros and include VAT, excluding extras.
Article 5: Online contract
To be able to order a service on the Platform, the Customer must be of legal age and have full legal capacity to commit to these general terms and conditions of sale and the special terms and conditions ordered.
By ordering a service on the Platform, the Customer ensures the accuracy of the information concerning his/her personal data (in accordance with article 1366 of the French Civil Code), the choice of service, the chosen date and time slot.
Article 6: Payment
Payment is due with the order. Customers may pay by credit card (Visa, Mastercard or Amex) via Stripe’s secure online payment platform.
In accordance with the provisions of the French Monetary and Financial Code, by communicating his/her bank details during the transaction, the Customer authorizes the Service Provider to debit his/her card for the amount indicated in the order. The Customer confirms that he/she is the holder of the bank card and that he/she is legally entitled to use it. In the event of interruption of the order before validation of the payment, or possible error, the order is automatically cancelled. The www.amusezvous.net website, via the Stripe secure online payment platform, has a 3D secure level of security, which secures transactions with confirmation of each payment.
Article 7: No right of withdrawal
In accordance with article L.221-28 12° of the French Consumer Code, the right of withdrawal cannot be exercised for ” services […] of leisure activities which must be provided on a specific date or during a specific period “.
Article 8: Cancellation and refund conditions
The cancellation and refund policy applicable is that of the Service Provider. In the event of absence, SPL GSTD’s cancellation and refund policy will apply:
- In the event of cancellation by the Provider In the event of cancellation by the Service Provider: the Service Provider reserves the right to cancel the service if deemed necessary. In this case, the Customer will be offered a rescheduled date. If rescheduling is not possible, the Customer will be reimbursed. The Service Provider may apply a 3% handling fee.
- In the event of cancellation by the customer Cancellation conditions may vary depending on the service. A rescheduled date will be proposed. No request for reimbursement will be accepted by the Provider 24 hours before the date of the service, except in exceptional cases validated by the Provider. A 3% handling fee may be applied by the Provider.
Gift voucher Non-cancellable and non-refundable.
Aqualand ticket or Azur Park Pass Non-cancellable and non-refundable.
Article 9: Liability
SPL GSTD acts as an intermediary between the Customer and the Activity Provider via the Platform.
The Customer expressly acknowledges and accepts that SPL GSTD is bound hereunder only by an obligation of means and not of result.
The activities contracted via the Platform result exclusively from the agreement between the Service Provider and the Customer, who act under their sole and entire responsibility.
In this respect, SPL GSTD cannot be held liable on any grounds whatsoever for the activities offered by the Service Provider and accepted by the Customer.
In particular, SPL GSTD cannot be held liable for any incident that may have occurred for reasons such as :
- incorrect information provided by the Customer;
- the communication by the Service Provider of erroneous, confusing or incomplete information concerning the Service Provider’s activity or profile on the Platform;
- fraudulent behavior or fault on the part of the Customer and/or the Service Provider during, before or after the activity.
Article 10 – Personal data
Any activity booked with a Service Provider will be subject to a record accessible by the Customer on request from the following address: info@visitgolfe.com or from the selling Service Provider.
In accordance with the French Data Protection Act 78-17 of January 6, 1978, as amended, customers have the right to access, rectify and object to personal data concerning them.
The customer may also refuse processing, request that processing be limited or request the deletion (within the limits of the legal retention periods) of personal data.
This right may be exercised by sending a written request to info@visitgolfe.com or to the Vendor Service Provider, who will respond to your requests.
The purpose of processing the personal data collected corresponds to the obligations relating to the services provided by the Service Providers using the https://www.amusezvous.net website (customer management, technical features of the site, operation of the site’s services, accounting, etc.).
Some personal data may be collected for services provided by subcontractors and suppliers of the Providers using the https://www.amusezvous.net website . The list of these subcontractors and service providers can be communicated to the persons concerned on request to info@visitgolfe.com.
Article 11: Intellectual property
The content of the Platform is the exclusive property of SPL GSTD and is protected by French and international intellectual property laws.
The rights granted to the Customer and/or the Service Provider for the use of the Platform and its service do not imply any transfer, nor any authorization to exploit or use any of the elements of the Platform.
Consequently, without the prior written authorization of SPL GSTD, the Customer and/or the Service Provider may not reproduce, represent, republish, redistribute, adapt, translate and/or transform, in whole or in part, or transfer to another website, any element of the Platform.
The Customer and/or the Service Provider undertake not to submit, copy, resell, republish and in general make available in any form whatsoever any information or item received from SPL GSTD or available on the Platform, to any other natural or legal person in any country.
Article 12: Recourse to the Consumer Mediator or any other amicable dispute resolution method
SPL GSTD informs the customer of the possibility of having recourse to a conventional mediation procedure or any other alternative dispute resolution method (conciliation, etc.) in the event of a dispute relating to these general terms and conditions of sale, in accordance with the conditions set out in Title I of Book VI of the French Consumer Code.
Once you have referred the matter to SPL GSTD, and in the absence of a conclusive response within 60 days, or if the response is deemed insufficient, you may refer the matter to the mediator using the contact details below or on the mediator’s website. You will also find information on how to make a complaint.
Ombudsman: Tourism and Travel Ombudsman (MTV)
Head office address: 22 AVENUE FRANKLIN DELANO ROOSEVELT, 75008 PARIS
Management address: MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17
SIRET : 75146132800021
Legal status: registered association
To find out how to contact the mediator, click on the following link You can contact the Tourism and Travel Ombudsman using the contact details below, or via his website(https://www.mtv.travel/ ):
MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17.
You can also find information on how to make a complaint on the website of the Médiateur Tourisme Voyage (MTV): https: //www.mtv.travel/
In the event that the service has been purchased online, the Customer also has the option, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, of lodging a complaint and selecting a dispute resolution body on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
In the event that the service has been purchased online, the Customer also has the option, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, of lodging a complaint and selecting a dispute resolution body on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Article 13: Applicable law and competent courts
These general terms and conditions of sale are governed by French law. This applies to both substantive and formal rules.
Any dispute concerning the interpretation or execution of these general terms and conditions of sale shall be brought before the competent French courts in accordance with articles 42 et seq. of the French Code of Civil Procedure.
Article 14 – Opposition list to telephone canvassing In accordance with article L.223-2 of the French Consumer Code, consumers who do not wish to be the subject of commercial canvassing by telephone can register free of charge on an opposition list to telephone canvassing. This list is accessible via the following website: www.bloctel.gouv.fr.