Article 1 – Preamble
Article 1.1. Designation of Seller
Marseille Tourist Office, Leisure and Convention Bureau, registered under SIRET number 41756543900029, having its head office at 11 La Canebière 13001 Marseille.
Phone: +33 826 500 500
E-mail address: information@marseille-tourisme.com
Entered in the register of travel and tourism operators under number IM013100100
Financial guarantor: APST
Professional Liability Insurer: MMA no. 143 423 654
Hereinafter referred to as the “Tourist Office”
Article 1.2. Subject
The purpose of these general terms and conditions is to define the rights and obligations of the parties regarding the sale by the Tourist Office of tourist services provided directly by the Tourist Office or by partner service providers to persons having the status of consumers or non-professionals for the purposes of the French Consumer Code or travellers for the purposes of the French Tourism Code and having the legal capacity to contract (hereinafter referred to as “the Customer(s) “).
Article 1.3. Definitions
Customer: a natural person who is a consumer or a non-professional for the purposes of the Consumer Code, or a traveller for the purposes of the Tourism Code, who contracts with the Tourist Office under these general terms and conditions of sale.
The Group: must comprise a minimum of 10 people at the time of the purchase of a service that is shared. The link between the members of the group may be established by a legal entity that organises a trip (professional tour or holiday organiser, association, school, works councils or similar, public authority, company, etc.) or by the natural persons who are members of the group. A group can also be formed by a pre-constituted ensemble of customers wishing to reserve the entirety of a service for their exclusive benefit.
Service: travel service or tourist package for the purposes of Article L. 211-1 of the Tourism Code.
Online contract: contract concluded as part of the purchase of (a) service(s) on the Tourist Office website.
Remote contract: any contract concluded between a trader and a consumer, within the framework of an organised remote sales or service scheme, without the simultaneous physical presence of the trader and the consumer, by means of the exclusive use of one or more means of remote communication up to the conclusion of the contract, excluding the website of the Tourist Office.
Durable medium: any instrument enabling the consumer or professional to store information addressed to him personally in order to be able to refer to it later for a period of time adapted to the purposes for which the information is intended and that allows the identical reproduction of the information stored (Article L. 121-16 of the Consumer Code).
Article 2 – Content and field of application
These general terms and conditions of sale shall apply automatically to all services provided by the tourist office.
They apply to sales over the internet or through other distribution and marketing channels.
Any order or purchase implies unreserved adherence to these general terms and conditions of sale, which shall prevail over all other terms and conditions except those which have been expressly accepted by the seller and appear in the booking contract.
The Customer states that he has read these general terms and conditions of sale and has accepted them before making his immediate purchase or placing his order.
Article 3 – Pre-contractual information
The Customer acknowledges having been informed, prior to placing his order and/or concluding the contract, in a legible and comprehensible manner, of these general and special terms and conditions of sale and of all the information listed in Article L. 221- 5 of the Consumer Code and in Article R. 211-4 of the Tourism Code.
The Customer further acknowledges having been provided with the form taken in application of the decree of 1 March 2018 “providing a template for the information form for the sale of travels and stays”.
Article 4 – Prices
Article 4.1. Final price and additional taxes
The final price is given in euros, all taxes included (VAT included) per person or as a flat rate. It may be calculated according to the number of participants. It does not include transportation, transport on site unless otherwise specified, and expenses of a personal nature.
Unless otherwise stated in the contract, prices do not include entrance fees to monuments, museums, sites, meals, meals for the guide if the guide stays with the group during lunch, means of transport (except in the case of coach reservations) or personal expenses.
In some cases, additional costs may be paid directly to the provider on site, including local taxes such as tourist tax where accommodation has been booked.
Unless otherwise stipulated in the contract and at the request of the customers, for coach reservations, the Tourist Office will not provide the coach, which must be in the possession of the group on the day or days on which the service takes place. It is imperative that the coach be equipped with a sound system.
The price also includes a booking fee of 2 euros per booking for all bookings made at the welcome desk, and 5% of the total price of your booking for all bookings made on the website, depending on the number of bookings made in the calendar year by the same customer.
When a guest occupies a room for two people on his own, he may be charged a “single room supplement”, which is indicated in the price.
The rate base for stays may include one breakfast per person.
Promotional offers are not cumulative.
Article 4.2. Terms of payment
The Customer guarantees to the Tourist Office that he has any authorisations that may be necessary to use the method of payment chosen by him, when concluding the contract. The Tourist Office reserves the right to suspend the management of any reservations and the performance of any services if the authorisation to pay by credit card is refused by any officially accredited bodies or in the event of non-payment of any sum due under the contract.
In particular, the Tourist Office reserves the right to refuse to honour a reservation from a Customer who has not paid in full or partially for a previous reservation or with whom a payment dispute is in progress.
Payments made by the Customer will only be considered final after the sums due have actually been received by the Tourist Office.
The consumer has several means of payment at his disposal that offer optimal security, among the following:
a. by credit or private bank card (credit card, Visa, Eurocard/Mastercard),
b. by bank cheque,
c. by bank transfer (transfer costs to be paid by the customer),
d. by cash,
e. by administrative transfer,
f. holiday vouchers (except groups)
g. vouchers (groups only).
Article 4.3 Payment terms
Individual customers
All individual services must be paid for in full at the time of booking.
Group customers
A deposit of 30% of the total amount payable indicated on the contract shall be paid at the same time as the booking contract is signed.
The customer must pay the balance to the tourist office no later than 48 hours before the date of the visit.
The customer must also provide the Tourist Office with the list of names of the group members by the same deadline, unless otherwise stipulated in the contract.
For late bookings (under 48 hours before the start of the service), the full price will be due upon booking (signature of the booking contract).
In the event that the customer does not pay the deposit within the required time limit, the booking will be cancelled. In the event that the customer does not pay the balance, he will be deemed to have cancelled the activity on the date scheduled for payment of the balance.
Article 5 – Revision of the price
The Tourist Office undertakes to apply the current rates indicated at the time of booking, subject to availability on that date, but reserves the right to modify its prices under the conditions set out in this article.
In accordance with Article L. 211-12 of the Tourism Code, the price may be modified upwards or downwards once the reservation has been confirmed to take account of changes in the following:
1° The price of passenger transport resulting from the cost of fuel or other energy sources;
2° The taxes or fees on the travel services included in the contract, imposed by a third party not directly involved in the performance of the contract, including tourist taxes, landing taxes or embarkation and disembarkation taxes in ports and airports;
3° Exchange rates related to the contract.
Any application of a price increase under the previous paragraph shall be notified to the Customer in a clear and comprehensible manner and accompanied by a justification and a calculation, on a durable medium, by twenty days at the latest before the start of the services.
Conversely, the Customer is entitled to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3° that may occur after the conclusion of the contract and before the start of the trip or stay.
If the increase exceeds 8% of the total price of the package or travel service, the traveller may accept the proposed change, or request that the contract be cancelled without paying a cancellation fee and receive a refund of all payments already made.
Article 6 – Reservations
Article 6.1 Individual customers
Online Reservation
If one or more services are booked online, the booking process is as follows:
Orders taken by the customer are made directly on the website www.marseille-tourisme.com or www.marseilleexperience.com
Once the Service has been chosen, the customer must indicate the desired dates and the number of people.
The customer must then pay for the service online on the Office’s website, corresponding to the full amount of the service, regardless of the time before the start of the service, after having read and accepted the general terms and conditions of sale.
Upon receipt of payment, the Office will acknowledge receipt of the payment to the customer by sending him/her a booking confirmation (contract) and the standard form. This reservation will then be deemed to be binding.
Offline remote booking
In the event that one or more services are booked remotely offline, the booking process is as follows:
Orders are placed by the client through the telephone exchange of the Marseille Tourist Office:
– From France: 0826 500 500 (€0.15 per minute)
– From abroad: 00 33 826 500 500
Once the request for an option has been made, the Tourist Office will send the customer, at the address indicated by the customer, the booking contract accompanied by these general terms and conditions of sale.
The customer must approve all the precontractual information documents and the booking contract at the internet link to which he is referred to confirm his request.
The Tourist Office will acknowledge receipt to the customer and the reservation will then be confirmed.
The Tourist Office then sends the vouchers for the booked service(s), as well as the standard form, which the customer will furnish to the service providers during the service.
Reservation at one of our points of sale referenced (at the counter)
If one or more services are booked directly at the counter, the booking process is as follows:
Orders taken by the customer are made directly with a holiday advisor.
Once the Service has been chosen, the customer will indicate the desired dates and the number of people.
The customer must then make payment for the service using one of the means of payment mentioned in Article 4.2, corresponding to the full amount of the service, regardless of the period before the start of the services, after having read and accepted the general terms and conditions of sale.
On receipt of payment, the accommodation advisor will give the customer a booking confirmation (contract), which can also be sent to him by e-mail, and the standard form. This reservation will then be deemed to be binding.
Article 6.2 Groups
Offline remote bookings
Offline remote reservations must be made by e-mail to the following address: groupes@marseille-tourisme.com
The process is as follows:
Orders are placed directly by the customer by requesting a quotation or reservation at the e-mail address groupes@marseille-tourisme.com
Once the reservation request has been made by the customer, the Tourist Office will send the customer the corresponding estimate by e-mail to the address indicated by the customer. The customer must then confirm his reservation by e-mail.
On receipt, the Tourist Office sends the customer, at the address indicated by the customer, the booking contract accompanied by these general terms and conditions of sale and the standard form.
The customer must then return all of these signed documents to the Tourist Office, by e-mail or post, accompanied by a cheque for the deposit due.
Upon receipt of the signed documents, the Tourist Office acknowledges receipt to the customer and the reservation is confirmed.
The customer must pay the full amount of the service 48 hours at the latest, before the start of the service, by credit card, by cheque or by bank transfer, with proof sent by e-mail on request.
If the reservation is confirmed less than 48 hours before the beginning of the services, the group must pay full price immediately.
For booking requests made by a travel agency: the customer must send the voucher provided by the travel agency by e-mail. On receipt of the voucher, the Office will then send the vouchers for the service(s) reserved, which the customer will give to the service providers during his stay (site entry vouchers, sea crossings, restaurant vouchers, museum tickets, etc.) as well as the contact details of the guide if the service takes place on a weekend, a public holiday, outside office hours or on the cruise quays.
For all museum reservations, e-tickets must be presented by the customer when entering the museum.
If the customer does not feel sufficiently informed about the characteristics of the services he or she wishes to order, he or she may, prior to placing an order, request additional information about these services from the Marseille Tourist, Leisure and Convention Bureau.
Article 7 – No right of withdrawal
Article L. 221-28 of the Consumer Code stipulates that the right of withdrawal may not be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities that must be provided on a specific date or at a specific time. Article L. 221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages.
The Tourist Office hereby avails itself of this lack of right of withdrawal and indicates, that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code, the consumer or non-professional customer shall have no right of withdrawal.
Article 8 – Amendment of the contract
Article 8.1. Amendment at the initiative of the Board
The Tourist Office has the possibility of unilaterally modifying the clauses of the Contract after its conclusion and before the start of the tourist service, without the Customer being able to oppose it, provided that the modification is minor and that the Customer is informed of it as soon as possible in a clear, comprehensible and apparent manner on a durable medium.
If the Tourist Office is forced to unilaterally modify one of the main characteristics of the contract for the purposes of Article R. 211-4 of the Tourism Code and it cannot meet the particular requirements agreed with the Customer, or in the event of a price increase of more than 8%, it shall inform the Customer as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium, of the following: the proposed changes and, if applicable, their repercussions on the price of the trip or stay; a reasonable period of time within which the Client must inform the Tourist Office of the decision he is taking; the consequences if the Traveller fails to respond within the time limit set; and, if applicable, the other service proposed, as well as its price. Any riders to the contract specifying the changes made will then be signed by the parties.
If the contract is terminated and the Customer does not accept any other service, the Tourist Office will refund all payments made by or on behalf of the Customer as soon as possible, and no later than fourteen days after the termination of the contract.
Article 8.2 Amendment at the initiative of the customer
Any service shortened or not consumed by the customer, or started late by the customer, will not generate any entitlement to any refund.
The Tourist Office is committed to the customer only for the services sold. The Office may not be held responsible for the following:
-any services contracted by the customer outside of the services charged by the office.
-any modification of the services at the customer’s initiative.
Modification of a reservation at the initiative of group clientele
Any change of address or times requested once the dossier has been compiled will be charged for at a rate of €15 inclusive of tax.
No changes will be possible after payment and issuance of museum admission tickets.
Any changes concerning the characteristics of the service (number of people, meeting place, times etc.) must be requested in writing or electronically and agreed in advance with the Tour Guide Bureau. It will be taken into account subject to the availability of the tour guide.
In the event that a group that has booked a service is smaller than the number of people specified in the reservation, no refunds will be made, except under the conditions and according to the deadlines set out in Article 9.1 of these general terms and conditions of sale.
In the event that the group is larger than the number of people indicated in the reservation, unless the Tourist Office expressly authorises this (in exchange for an additional charge), the additional people will not be able to take part in the service.
Article 9 – Termination of the contract
Article 9.1. Termination of the contract by the customer
Individual customers:
Any requests for cancellation or modification will only be accepted if it is made to the booked service provider whose contact details appear on the booking confirmation.
Unless otherwise specified in the contract, in the case of a reservation cancelled totally or partially less than 48 hours before the start of the service, a penalty of 100% of the total amount of the service will be charged to the customer. In case of cancellation more than 48 hours before the service, the booking fees will be retained as mentioned in article 4.
Group Customers:
The Customer may terminate the contract at any time before the start of the service. In order for this cancellation to be valid, the customer must inform the Groups department by e-mail: groups@marseille-tourisme.com
A cancellation sent directly to the tourist service providers or guides will not be considered valid and the booking will remain due in full.
The Tourist Office may ask the Client to pay a cancellation fee, according to the following schedule:
– 48 hours before the beginning of the service: full refund, except if the reservation is equal to or exceeds 900 euros including all taxes: in this case the cancellation will give rise to a deduction of 30% of the amount including all taxes by the Tourist Office,
– less than 48 hours before the start of the service : 100% of the total price of the service will remain due to the Tourist Office.
Any notice of cancellation must be sent by e-mail, including tour operators who book a series of dates and send one single voucher for the dates confirmed.
These cancellation costs will not be due if the contract is cancelled as a result of exceptional and unavoidable circumstances occurring at or in the immediate vicinity of the destination and having significant consequences on the execution of the contract. In this case, the Tourist Office will proceed to reimburse the full amount of the payments made, but no further compensation will be due.
Article 9.2. Termination of the contract by the Tourist Office
The Tourist Office may cancel the contract at any time before the start of the service.
In this case, the Tourist Office will refund the sums paid by the customer in full, minus the appropriate cancellation fees. This reimbursement shall take place within fourteen days of the termination of the contract at the latest.
The Customer shall be entitled to additional compensation corresponding to the sum that the Tourist Office would have had to pay if the cancellation of the contract had been due to the Customer, under Article 9.1 of these general terms and conditions of sale.
However, the Tourist Office shall not be liable for any additional compensation if the contract is terminated in the following two cases:
1) The number of persons registered for the trip or stay is below the minimum number indicated in the contract. In this case, the Tourist Office will notify the customer by e-mail or by letter that the contract has been cancelled within the time limit set by the contract, according to the following schedule
– 20 days before the start of the journey or stay in the case of journeys lasting more than six days.
– seven days before the start of the journey or stay in the case of journeys lasting between two and six days.
– forty-eight hours before the start of the journey or stay in the case of journeys lasting no more than two days.
2) The Tourist Office is prevented from executing the contract due to exceptional and unavoidable circumstances. In this case, the Tourist Office will notify the traveller by e-mail or in writing that the contract has been cancelled as soon as possible before the start of the trip or stay.
Article 10 – Assignment of the contract
Article 10.1. Assignment of the contract by the Customer
The Customer has the option of assigning his contract to a transferee who fulfils the same conditions as him to carry out the trip or stay, as long as this contract has not come into effect.
Article 10.2. Notice to assign the contract
The Customer may only transfer his contract on the condition that he informs the Tourist Office of his decision by any means that allows an acknowledgement of receipt to be obtained no later than seven days before the start of the trip. Under no circumstances is this transfer subject to prior authorisation from the organiser or retailer.
Article 10.3. Joint and several liability between the assignor and the assignee
The assigning customer and the assignee are jointly and severally liable for the payment of the balance of the price and any additional costs that the assignment may entail.
Article 11 – Legal guarantee of conformity
Article 11.1. Principle
The Tourist Office is the sole guarantor of the conformity of the services with the contract. The non-professional or consumer Customer may make a claim under the legal guarantee of conformity provided for in Articles L. 217-11 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code.
Article 11.2. Implementation of the legal guarantee of conformity
The consumer or non-professional customer must inform the Tourist Office of any defects and/or lack of conformity as soon as possible after the services have been provided, in accordance with Article L. 211-16 II of the Tourism Code. This notification must be made, with supporting documents, preferably within 7 days of the end of the services, so that the tourist office can investigate the disturbance and assess the actual situation of the alleged defects effectively and in the interest of both parties.
The defects and/or faults found will give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the extent of the non-conformity and the value of the travel services concerned.
If the Office offers a replacement service or a price reduction, the traveller may refuse the other services offered only if they are not comparable to those provided for in the contract or if the price reduction granted is not appropriate.
The Tourist Office’s guarantee is limited to the reimbursement of the services actually paid for by the consumer or non-professional Client and the Tourist Office cannot be considered liable or in default for any delay or non-performance following the occurrence of an event from circumstances beyond its control or exceptional or unavoidable circumstances.
Article 11.3. Seller’s contact details
In accordance with Article R 211-6, 4 of the French Tourism Code, the Customer may quickly contact the Tourist Office at the contact details given in Article 1.1. in order to communicate with the seller in an efficient way, to ask for help in the event of in difficulty or to complain about any non-conformity noted during the execution of the trip or stay.
Article 12 – Intellectual property
All technical documents, products, drawings, photographs given to the buyers remain the exclusive property of the Tourist Office, which is the sole owner of the intellectual property rights to these documents and must be returned to it at its request.
Purchasing customers undertake not to make any use of these documents that may infringe the industrial or intellectual property of the supplier and undertake not to disclose them to any third party.
Article 13 – Protection of personal data
Article 13.1. Collected data
As part of its activity of selling Tourist Stays and Services, the Vendor implements and uses personal data processing relating to Customers and Beneficiaries.
In this respect, the Tourist Office collects the following personal data:
– Data relating to identity: civil status, surname, first names, address, telephone number (fixed and/or mobile), fax number, e-mail addresses, date of birth, internal processing code allowing the identification of the customer;
– Data relating to the means of payment: statement of postal or banking identity, cheque number, credit card number, expiry date of the credit card;
– Transaction data such as transaction number, details of the purchase, subscription, good or service subscribed to;
– Family, economic and financial situation: marital life, number of people in the household, number and age of the child(ren) in the household, profession, field of activity, socio-professional category, ownership of pets;
– Data relating to the follow-up of the commercial relationship: requests for documentation, trial requests, product purchased, service or subscription taken out, quantity, amount, frequency, delivery address, history of purchases and services, return of products, origin of the sale (seller, representative, partner, affiliate) or of the order, correspondence with the customer and after-sales service, correspondence and comments from customers and prospects, person(s) in charge of customer relations;
– Invoice payment data: terms of payment, discounts granted, receipts, balances and unpaid invoices;
– Data relating to the selection of people for running loyalty campaigns, canvassing, surveys, product tests and sales promotions;
– Data relating to the organisation and processing of competitions, lotteries and any promotional operation such as the date of participation, replies to the competitions and the nature of the prizes offered;
– Data on the contributions of persons who submit opinions on products, services or content, including their pseudonym.
Article 13.2. Purpose of collection
The collection of this personal data is indispensable for the contractual execution and if the Customer refuses to provide it, he is liable to encounter difficulties in the performance of the service, and this will not trigger the liability of the Tourist Office.
This personal data is collected for the exclusive purpose of managing the Vendor’s Customers as part of the conclusion of the contract and its execution, on the basis of the Customer’s consent. It is used solely for purposes to which the Customer has consented.
More specifically, the aims are as follows:
– Managing contracts, orders, deliveries and invoices, accounting and in particular accounts receivable management and relationship management
– Processing customer management transactions
– Prospecting operations (management of technical prospecting operations for data standardisation, enrichment and deduplication),
– Selection of people for carrying out loyalty campaigns, canvassing, surveys, product testing and sales promotions,
– Compiling sales statistics
– Developing customer knowledge.
Article 13.3. Person authorised to access the data
The person authorised to access the data collected within the Tourist Office are the following: the employees of the Tourist Office and its partners involved in the services requested by the Client, and where appropriate, the subcontracting service providers of the Tourist Office participating in the provision and/or administration of the services and being required to participate in the processing in this manner. In such cases, whether they are partners or subcontractors, this is done in compliance with applicable regulations.
Article 13.4. Data conservation
The personal data collected is kept for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.
Personal data relating to the Customer’s bank card is kept exclusively for the time required to complete the transaction.
Personal data relating to a prospect who does not conclude a reservation contract with the Tourist Office is kept for a period of 6 months from the date of collection.
The personal data necessary for the dispatch of the newsletter is kept for as long as the customer does not unsubscribe.
The Tourist Office implements organisational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Tourist Office cannot guarantee the security of the transmission or storage of information on the Internet.
If any payments are not made owing to the fraudulent use of a bank card, this will result in the registration of the details relating to the order of the user who is at the origin of this unpaid amount in a payment incident file implemented by the insurer and placed under its responsibility.
The Tourist Office has formalised the rights and obligations of Clients and Beneficiaries with regard to the processing of their personal data in a document called the Privacy Policy or GDPR, which can be accessed at the following address https://www.marseille-tourisme.com/mentions-legales/ and on request from the Tourist Office.
Article 13.5. Rights of the owner of the collected data
In accordance with the applicable regulations on personal data, every user has the right to query, access, modify, oppose and correct, for legitimate reasons, the collection and processing of his personal data. It may be requested that this data be rectified, completed, clarified, updated or deleted.
These rights may be exercised by sending a signed letter to the Data Protection Officer, Paul Cornillard, at the following e-mail address: rgpd@marseille-tourisme.comattaching a copy of your proof of identity to your application.
The customer may at any time submit a claim to the CNIL (French data protection authority) according to the terms and conditions indicated on its website (https://www.cnil/fr).
Article 13.6. Modification of the clause
The Tourist Office reserves the right to make any changes to this clause on the protection of personal data at any time. If any changes are made to this personal data protection clause, the Tourist Office undertakes to publish the new version on its website, and will also inform users of the modification by e-mail, by 15 days before the effective date at the latest.
Article 14 – Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 15 – Insurance
The Customer undertakes to take out and maintain civil liability insurance to cover any damage he may cause.
No insurance is included in the price of the services.
Article 16 – Minor children
Where any minors unaccompanied by a parent or other authorised person are travelling on the basis of a contract for tourist services including accommodation, the person responsible for the minor must provide information enabling direct contact to be established with the minor or the person responsible for the minor at the minor’s place of stay in order for the contract to be concluded.
Article 17 – Liability of the Tourist Office
Article 17.1 – Automatic liability
The Tourist Office is automatically responsible for the tourist services contracted within the framework of the present general terms and conditions of sale.
However, the Tourist Office may waive some or all of its liability by proving that the damage is attributable either to the Customer or to a third party not involved in the provision of the travel services included in the contract and is of an unforeseeable or unavoidable nature, or to exceptional and unavoidable circumstances.
Both the organiser and the retailer are responsible for the proper performance of all travel services included in the contract in accordance with Article L. 211-16.
Article 17.2. Limitation of liability of the Tourist Office
In accordance with Article L 211-17, IV of the Tourism Code, the amount of any damages that the Tourist Office may be ordered to pay to the Client for any reason whatsoever will be limited to three times the total price excluding taxes of the services, with the exception of personal injury and any loss or damage caused intentionally or through negligence.
Article 18 – Exceptional and unavoidable circumstances
Any events that create a situation beyond the control of both the trader and the traveller and the consequences of which could not have been avoided even if all measures had been taken preventing the normal performance of their obligations shall be considered as grounds for exemption from the obligations of the parties and shall lead to those obligations being suspended.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as when they cease.
The parties will meet to review the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 19 – Traveller’s assistance
The Tourist Office is responsible for the proper execution of the services provided for in the contract. In this context, if the Customer encounters any difficulties, the Tourist Office will provide appropriate assistance as soon as possible, taking into account the circumstances of the case.
Article 20 – Accessibility
Despite our best efforts, some services are not accessible to people with reduced mobility. We encourage you to ask for more information if you have difficulty getting about.
Article 21 – Settlement of disputes
Article 21.1. Applicable law
These general conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This shall apply for both the substantive rules and the formal rules. In the event of a dispute or complaint, the Customer shall first contact the Tourist Office to obtain an amicable solution.
Article 21.2. Mediation
The Customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission), or with the existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
The Customer may thus refer the matter to the Tourism and Travel Mediator, Mr Jean-Pierre Teyssier, on the following website: https://www.mtv.travel/ or at 15 avenue Carnot, 75017 Paris, if the response provided by the Office to the Customer on his complaint is deemed insufficient.
Article 21.3. Online sales
In the event that the service has been purchased online by the Customer, the Customer is informed that, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may lodge any complaints and select a dispute resolution body on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Article 21.4. Jurisdiction
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, with regard to their validity, interpretation, execution, termination, consequences and consequences, and that cannot be resolved amicably between the seller and the Customer will be submitted to the competent courts under the conditions of common law.
Article 21.5. Absence of waiver
The fact that one of the parties does not to seek to avail itself of a breach by the other party of any of the obligations referred to in these general conditions may not be interpreted for the future as a waiver of the obligation in question.
Article 21.6. Evidence
It is expressly agreed that the data contained in the Office’s information systems have evidential value with respect to orders, requests, and any other element relating to the use of the Site. This data may be validly produced, in particular in court, as evidence in the same way as any written document.
Article 22 – Related travel benefits
If, after having chosen a travel service and paid for it, you book additional travel services for your trip or holiday stay through our Tourist Office or on its targeted advice, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the Tourism Code. However, if you book additional travel services during the same visit or contact with our Tourist Office, the travel services will be part of a related travel service. In this case, the Tourist Office has, as required by European Union law, protection in place to reimburse the sums you have paid to it for any services that were not performed due to its insolvency.
The Marseille Tourist Office has taken out insolvency protection with Association Professionnelle de Solidarité du Tourisme, 15 avenue Carnot, 75017 PARIS, Tel. +33 1 44 09 25 35, info@apst.travel
Travellers may contact this body (contact details, including name, geographical address, e-mail address and telephone number) if they are refused travel services due to the insolvency of the Tourist Office.
Note: this protection against insolvency does not apply to contracts concluded with parties other than the Tourist Office that can be performed despite the insolvency of the Office.
(Website where the (EU) 2015/2302 Directive transposed into national law can be found https://)www.legifrance.gouv.fr/affichCo deArticle.do;jsessionid=B6B56671A51841699A8E B7B4B5EB08A2.tplgen21s_1?idArticle=LEGIARTI0 00036242695&cidTexte=LEGITEXT000006074073 &categoryLink=id&dateText=20180701].
