Legal Notice and General Condition of Sale - General Condition of Use
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Copyright - copyright :
The web site www.escapades-futees.com is owned by ESCAPADES FUTEES.
The entire site is subject to French and international copyright and intellectual property legislation. All reproduction rights are reserved, including for documents submitted and cartographic, iconographic and photographic representations.
Reproduction of all or part of this website on any electronic medium or on any other medium, as well as any use of the visuals and texts it contains other than for individual and private consultation is formally prohibited unless prior written authorization from the Director of Publication. The infringement of one of these rights constitutes a criminal offence of counterfeiting (Article L 335-1 to 335-10 of the Intellectual Property Code).
The photographs on the website belong to ESCAPADES FUTEES excluding credited authors (Credits entered in the legend of the photograph).
Published information is provided for information purposes and may change as a result of legislative or regulatory changes. The Director of the publication cannot be held responsible for the interpretation made by the user of the information presented on the website www.escapades-futees.com.
It is the responsibility of the user to protect his own data and/or software from contamination by possible viruses circulating on the web. The Director of the publication cannot be held responsible for any damages incurred during the consultation of this website.
Hypertext links :
Hyperlinks referring to external sites are not under the control of ESCAPADES FUTEES, which therefore declines any responsibility for their content.
Natural or legal persons wishing to integrate a hyperlink to this website must inform the Director of the publication. In general, hyperlinks to www.escapades-futees.com should generate a new tab or browser window and show the full address of the page displayed.
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GCS et GCU :
The General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions of Sale") are intended to govern the sales concluded between the company ESCAPADES FUTEES, a transport professional under Licence N° 2019/84/0001709 and registered in the RCS of Romans under the number 848 830 378, whose registered office is located at 04, Rue de la Brigoule, 26770 Taulignan (hereinafter referred to as “ESCAPADES FUTEES”) and major natural persons who act for purposes which do not fall within the scope of their commercial, industrial, craft or liberal activity, works councils and associations (hereinafter referred to as the “Client(s)”). The Terms and Conditions will apply to any day or half-day exit order or any activity or service order with ESCAPADES FUTEES (hereinafter referred to as the "Order(s)").
1. REGISTRATION PROCESS
The Customer registers prior to the Order, by email, by telephone or in person.
1.1. Registration by a consumer
It is mandatory for consumers to provide their true identity.
This identity provided by the Customer will be the one used by ESCAPADES FUTEES for the various reservations required to complete the half-day/day/animation/service. However, if it proves that the identity entered is false, incorrect or more generally than it does not correspond to the Customer’s identity documents, it is likely that the Customer cannot board the means of transport or carry out an activity provided for in its program.
In such a case, the responsibility for ESCAPADES FUTEES cannot be sought if ESCAPADES FUTEES has made the reservations in accordance with the identity entered by the Customer at the time of his registration or reservation.
In addition, the cancellation fee of Article 9 "CANCELLATION" will be collected by ESCAPADES FUTEES.
The Customer is responsible for the address given for sending the route booklet. He is also responsible for choosing the delivery method to ensure that he receives the goods.
1.2 Membership by a works council or an association
The works council or the association at the time of its registration must inform all the elements necessary for its identification that are requested by ESCAPADES FUTEES.
When a works council places an order directly with ESCAPADES FUTEES, the rules of the consumer code do not apply.
In addition, ESCAPADES FUTEES will make the various reservations thanks to the information provided by the works council. In the event of erroneous, false or missing information that would not allow employees to take part in the service, the responsibility of ESCAPADES FUTEES cannot be engaged if the reservations were made in accordance with the information provided.
2. ACCEPTANCE OF GCS
The Customer acknowledges having read the Terms and Conditions before placing the Order and acknowledges that the Terms and Conditions apply to the Order.
3. LACK OF RIGHT OF RETRACTION
In accordance with the legal provisions in force, the Customer is aware that it does not have any right of withdrawal for Orders placed with ESCAPADES FUTEES.
4. PRELIMINARY INFORMATION
Before placing Order, ESCAPADES FUTEES gives the Customer a quote, a detailed program of the offer and the present general conditions of sale.
The Customer declares that he has read the quotation, the detailed description and these general sales conditions and has accepted them before placing the Order.
The photos on the ESCAPADES FUTEES website and on the contract are not contractual.
5. ORDER PLACEMENT
The order can be placed with FUTEES ESCAPADES by phone, email or in person. ESCAPADES FUTEES verifies the availability of selected tourist services and in case of confirmation of availability, sends the booking contract.
The contract is drawn up in duplicate and signed by both parties, one copy being given to the Client.
For any request to register a minor, ESCAPADES FUTEES will refuse the order even if the minor is accompanied by a person holding parental authority. Every minor must be accompanied at all times by a person who holds parental authority during benefits.
6. PRICE AND METHOD OF PAYMENT
The exhaustive list of services included in the tourist formula as well as the final price are listed on the contract given to the Customer before placing the Order.
6.1. Terms and conditions of payments
The terms of payment for the Orders are as follows:
The Customer must pay the total amount at the time of registration/reservation. Then, the Order will be accepted by ESCAPADES FUTEES.
6.2. Failure to pay the balance in full
Failing payment of all amounts, ESCAPADES FUTEES will consider that the Customer has cancelled its order.
6.3. Means of payment
The regulations can be made by:
Cheques for holidays
The Order becomes effective only after the receipt of the payment by ESCAPADES FUTEES, or at the cashing of the sums collected for payments by cheques.
In case of payment by holiday vouchers of an amount higher than the price of the trip, the difference will not be refunded.
7. ADMINISTRATIVE FORMALITIES
Before registering to begin your service, the Customer must verify that he or she is in possession of a valid passport, identity card or other document.
The consequences of non-compliance with the administrative formalities by the Customer, such as the impossibility of taking the departure on the date indicated, are the sole responsibility of the latter. ESCAPADES FUTEES cannot, in any case, be held responsible for the consequences of the non-compliance by the Customer of the police regulations, prior to or during the service (ex: loss of identity papers and/or train tickets, etc.).
8. MODIFICATION OF THE CONTRACT
8.1. Modification by the Customer
Any request for cancellation or modification must be sent by post or by mail with acknowledgement of receipt. The date of receipt of the request by ESCAPADES FUTEES will be the one retained for the costs due in case of modification or cancellation of the Order.
8.1.1. Modification before departure :
ESCAPADES FUTEES will endeavour to take into account the modifications requested before departure. However, some changes cannot be satisfied, particularly because of the availability of benefits, which is not the responsibility of ESCAPADES FUTEES.
If ESCAPADES FUTEES is able to respond favourably to a modification request made by the Customer after validation of the Order by ESCAPADES FUTEES, this change will be invoiced:
20€ per booking file plus any additional cost of the service, if the request is made more than 15 calendar days before the date of departure.
35€ per booking file plus any additional cost of the service, if this request is made less than 15 calendar days before the date of departure.
8.1.2. Change of departure dates :
Any request for a change to the date of departure will be treated as a cancellation and will result in the application of Article 9
8.1.3. Modification after departure :
If ESCAPADES FUTEES is able to respond favourably to a modification request made by the Customer after departure, this modification will be charged €55 per booking file plus any additional cost of the service.
8.2. Modified by ESCAPADES FUTEES
8.2.1. Modification before departure
If, before departure, ESCAPADES FUTEES is forced to make a change in the services included in the tourist service ordered, ESCAPADES FUTEES will notify the Customer by any means allowing to obtain an acknowledgement of receipt, as soon as possible.
The Customer can then:
Either terminate the contract and obtain full repayment of the amounts paid ;
Either accept the change proposed by ESCAPADES FUTEES. In this case a new travel contract will be established with the changes. In the event of a price decrease, the overpayment will be repaid before the date of departure.
The Customer must communicate its decision (acceptance of the modification or termination) within a maximum of 7 days from receipt of the aforementioned information. If no response is received within this period, the Customer will be deemed to have accepted the proposed change.
8.2.2. Modification after departure
When, after departure, ESCAPADES FUTEES is forced to make a change in the services included in the tourist service, ESCAPADES FUTEES will make its best efforts to replace them with equivalent services.
8.2.3. Modification in case of major force
Unpredictable, external and insurmountable incidents or events can occur during the journey such as strikes, technical incidents, weather, delays, breakdowns. The delay or delays resulting from a case of force majeure as defined by law, or by a third party, and the consequent change in itinerary may not result in any compensation whatsoever, in particular because of the change in the duration of the originally planned programme or the delay. Any additional costs (tax, hotel, parking, etc.) related to a disturbance will remain with the Customer.
ESCAPADES FUTEES reserves the right, if circumstances require, to modify the itineraries or certain benefits of the program. As a result, the conditions of benefits may also be changed.
In any case, ESCAPADES FUTEES cannot be held liable for any non-performance due to bad weather or any other case of force majeure, or due to a breach of safety rules by the Customer.
9.1. Cancellation at the customer’s initiative
The existence of numerous intermediaries (Tourist Sites etc.) and settlement periods imposed by them on ESCAPADES FUTEES justifies the collection of withholding fees all the more important since the departure date is close. If the Customer is obliged to cancel the service ordered, he must inform ESCAPADES FUTEES IMMEDIATELY by any means to ensure receipt of the cancellation. The date of receipt will be used as the cancellation date.
The holdback fee is as follows:
From 45 days to 30 days before the benefit: 0%
From 30 days to 15 days before the benefit: 50%
From 15 days to the hour H before the benefit: 100%
In case of interruption during the journey, no refund can be requested from ESCAPADES FUTEES.
When several Customers have registered on the same Order and one of them cancels his trip, the cancellation fee is deducted from the general amount of the advance payments or the balance, regardless of the author of the payment.
No refund may be made if the Customer does not show up at the times and places mentioned by his notice, program or Order or if the information entered at the time of his registration does not correspond to his identity documents.
9.2. Cancellation at the initiative of ESCAPADES FUTEES
ESCAPADES FUTEES may be required to cancel a performance. In such a case, in accordance with article R 211-10 of the Tourism Code, ESCAPADES FUTEES will inform the Customer who will be reimbursed, without penalties, of all the sums he may have paid.
However, if such cancellation is imposed by force majeure or by a third party or by a risk to the safety of the Customer, the Customer may not claim any compensation. ESCAPADES FUTEES is not liable when the cancellation is imposed, in particular in the following cases :
when the overall number of participants is insufficient, not allowing the establishment of a sufficient team to ensure the smooth running of the service. This cancellation cannot occur less than 10 days before the date of the start of the stay;
in case of force majeure;
when the safety of passengers is threatened;
in case of adverse weather conditions.
9.3. Costs external to the service
Any costs outside the contracted service incurred by the Customer, for any reason whatsoever, ESCAPADES FUTEES cannot be held responsible.
10. ASSIGNMENT OF THE CONTRACT
The Customer may assign the contract to a person who fulfils the same conditions as him to carry out the trip (will not be considered to meet the same conditions especially of persons with certain medical contraindications, etc.).
The Transferor Customer must notify ESCAPADES FUTEES, by any means that can be acknowledged, within a period of at least seven (7) days before the date of departure.
No termination of contract may be effected within 24 hours of the service.
The assignment of a contract for a service may result in a fee that will be charged by ESCAPADES FUTEES to the transferring Customer (in the case of an adult taking the place of a minor).
The Customer will also remain jointly and severally liable for all additional costs incurred as a result of this transfer.
11. PRICE OF THE SERVICES
The rates are established on the basis of the economic conditions in force 75 days before the date of opening of the listings, or at the time of sending the quotation, and in particular:
land transport costs;
legal or regulatory fees;
and with a hypothesis of inflation rate of operating costs in France, up for the current year (year N), by the same percentage as that recorded over 12 months of end-January of the year (N-2) at end-January of the year (N-1), concerning the national retail price index published by INSEE.
No disputes regarding rates can be accepted after registration to a service offered by ESCAPADES FUTEES. The prices given are indivisible and any waiver of services included in the package or any interruption of travel by the Customer (even in the case of hospitalization or early repatriation) may not give rise to a refund.
In accordance with Article L. 211-12 of the Tourist Code, ESCAPADES FUTEES can modify the price of the Order in certain hypotheses. In this way, the Customer accepts that the price can be changed in the event of a change in the cost of transport, in particular linked to the cost of fuels.
In the event of a change in price, ESCAPADES FUTEES undertakes to inform the Customer by paper or electronic mail at the latest thirty (30) days before the date of his departure.
ESCAPADES FUTEES will provide the Customer, upon request, with a statement justifying the cost increases experienced by ESCAPADES FUTEES.
Any refusal on the part of the Customers to pay the new price will be considered a cancellation on the part of the Customers for which the provisions of article 9 "CANCELLATION" will be applied.
In case of increase of more than 25% of the total price, the Customer will have the possibility to cancel his registration without cancellation fee within 7 days from the date of sending of the email by ESCAPADES FUTEES notifying him of the increase.
Unless otherwise stipulated in the Order, prices are per person on the basis of a package as defined in the special conditions.
The responsibility of ESCAPADES FUTEES can only be incurred in compliance with the rules applicable to the responsibility of the transport professionals. For damage other than personal injury, ESCAPADES FUTEES cannot be required to compensate the Customer for an amount greater than the price of the Order paid by him.
In any case, ESCAPADES FUTEES cannot be held responsible in the event of :
Loss or theft of tickets
Lack of presentation or presentation of expired identity documents or of an insufficient period of validity or not in conformity with the particulars on the contract
Theft or damage of personal belongings – Customers are advised not to carry valuables and/or to keep them under their direct supervision at all times
Modification of the service due to a case of force majeure, by a third party,
Fact attributable to the Customer
Damages incurred in connection with a service performed by a third party.
12.1. Risks :
The Customer undertakes to:
not to have any contraindication to the practice of the service(s)
comply at all times with the safety rules.
Each Customer is aware that, given the nature of our services, it may take certain risks inherent in the practice of the proposed activities. He knowingly assumes them and undertakes not to make ESCAPADES FUTEES or the various service providers liable for accidents that may occur. This also applies to rights holders and any member of the family. ESCAPADES FUTEES cannot be held responsible for an accident due to individual imprudence.
As regards services with a moment of freedom, the Customer must have the knowledge enabling him to locate himself in his environment using the tools provided by ESCAPADES FUTEES, namely: place of appointment, road book and detailed description of the route,
ESCAPADES FUTEES cannot be held responsible if a Customer strays from the recommended route.
12.2. Circumstances of force majeure
ESCAPADES FUTEES shall under no circumstances be held liable for circumstances relating to force majeure, preventing ESCAPADES FUTEES or the service providers involved in the performance of the services from fulfilling all or part of the obligations provided for in the Order. In the event of an event of force majeure, the party undergoing it shall inform the other party as soon as possible.
In the event of a case of force majeure, ESCAPADES FUTEES may offer the Customer an alternative service or refund the Customer, at the latter’s choice.
12.3. Services not included in the package
ESCAPADES FUTEES cannot be held responsible for the performance of services purchased on site by the Customer and not provided for in the description. ESCAPADES FUTEES cannot be held responsible for delays, schedule changes or itineraries, which the Customer decides to use before, after or during the stay period. Under such conditions, any delay incurred may not result in any compensation for ESCAPADES FUTEES.
12.4. Service provided by a service provider in the tourist package
The performance of the services proposed in our programming involves the intervention of different providers such as carriers, tourist sites, interveners, winery and winery, etc. The latter shall in any case retain the responsibilities proper to their activities under the rules governing them. ESCAPADES FUTEES cannot be held responsible for the fact of the service providers performing a service in the package.
13. CUSTOMER LIABILITY FOR MATERIAL DAMAGE
13.1.1. Damage in the vehicle or in a place provided for in the service
The Customer is fully responsible for the damage caused by him in the vehicle or premises offered as part of his service. Under no circumstances can the responsibility of ESCAPADES FUTEES be incurred due to an act of the Customer.
If the customer causes damage to the vehicle, he will have to pay for the repairs and will be billed for the repairs.
If the customer causes damage to a place of visit, the said place of visit will take the measures concerning him directly with the customer.
In order to allow the smooth running of the Customer’s service, ESCAPADES FUTEES has negotiated with BPCE IARD and SIMPLIS a very complete insurance. The Contracts are as follows:
Automobile and Civil Liability Insurance: Contract N° 126014382 L.
Simplis Auto Insurance - Entrepreneur Independent Cultural Facilitator: Contract No. AN902614/19072192241.
15. USE OF PERSONAL DATA
ESCAPADES FUTEES collects, in compliance with Law No. 78-17 of 6 January 1978 on data processing, files and freedoms, as amended, personal data in the context of registrations. The collection of this data allows FUTEES ESCAPADES:
To manage the requests of the Clients
Ensure execution of contracts
Manage potential claims
Keep Customers informed of FUTEES GETAWAYS offers
This personal data is intended only for FUTEES ESCAPADES personnel. The data necessary for the performance of the services entrusted to third parties identified in the service contract shall be transferred to them in a secure manner.
The data shall be kept for the duration of the contractual relationship with the Customer, and for a period of 5 years at the end of the contractual relationship.
The Customer may exercise a right of access and rectification of the data concerning him, by contacting firstname.lastname@example.org. The Customer may also, for reasons relating to its particular situation, object to the treatment. In accordance with Article 40-1 of the "Data Protection and Freedoms" Law, the Customer may define guidelines for the retention, erasure and disclosure of his personal data after his death. ESCAPADES FUTEES strives to take all the care necessary to process the personal data of its Customers. In case of difficulty, the Customer can contact ESCAPADES FUTEES directly.
Any failure in the performance of the contract must be noted on the spot, reported and justified as soon as possible, in writing, by the Customer. The claim cannot be subjective, but must relate exclusively to the contractual elements of the service.
Without prejudice to any legal remedy, any claim must be made by any means that will enable it to be acknowledged within ten (10) days of the end date of the service, at the following address: ESCAPADES FUTEES, 04 Rue de la Brigoule, 26770 Taulignan. To be considered by ESCAPADES FUTEES, this application must be accompanied by supporting documents.
17. APPLICABLE LAW AND JURISDICTION
The GCS and GCU, as well as any resulting contracts with Customers, are subject to French law.
In the event of a dispute, the Customer shall refer the matter to the Ombudsman for Tourism and Travel.
If the mediation fails, the most diligent party may refer the matter to a competent court.
Any dispute arising from the application of GCS or resulting contracts is subject only to French law.
Terms of sale updated on 12/19/2019