GENERAL CONDITIONS OF USE AND SALE

Version of 29/10/2018

PREAMBLE

These terms and conditions of use and sale (the "TCUS") form the basis of the contractual relationship between the customer and GoTourism, simplified joint stock company, registered at the RCS Reims under the number 841 854 797 located 12 Bis Rue Emile Cazier, 51100 Reims, (hereinafter "GoTourism") and are systematically addressed or given to each customer (hereinafter the "Customer") to enable him to order products and services sold by GoTourism.
The CGUV are present on the website published by GoTourism, namely: www.gotourism.co (the « Site »).
The Terms are enforceable against the Customer who recognizes, by checking a box provided for this purpose, to have known and accepted before ordering.
GoTourism reserves the right to modify its Terms of Use. They will then be applicable as soon as they are posted on the Site.
The nullity of a contractual clause does not entail the invalidity of the CGUV.
The temporary or permanent non-application of one or more clauses of the CGUV by GoTourism does not constitute a waiver on its part of the other clauses of the CGUV which continue to produce their effects.

SERVICES AND PRICES

The services are those sold by GoTourism on the website(the "Services").
The Services are described as accurately as possible and GoTourism is committed to do its best to provide a detailed description as well as an illustration photo for each Service. A description will contain the schedules of the Service, as well as the location, the cancellation conditions and the safety instructions.
A visual description of the Service via the photo that proves to be non-conforming does not engage in any way the responsibility of GoTourism, which the Customer acknowledges expressly.
GoTourism is a booking platform for touristic and cultural activities allowing the Customer to benefit from an attractive price : whether alone or in a small committee.
The selling prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the services appearing in the electronic catalog, in euros all taxes included.
The total amount owed by the Customer is indicated on the order confirmation page.
The selling price of the service is the one in force on the day of the order.
Any tax, tax, duty or other benefit payable under the French regulations or those of an importing country or a transit country are the responsibility of the Customer.
GoTourism reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
Services are offered and delivered within the limits of available stocks.

ORDER AND PAYMENT

The Customer may choose the Services that he wishes to order by adding them to his basket.
The Customer must indicate the date of the Service, its time, name, first name and email address. The Customer also has the possibility to specify if he is a person with reduced mobility or additional information such as his allergies.
In order to be able to order, the Customer will have the possibility to identify himself on the Site or to order as a guest.

Prior identification

To place an Order, the Customer has the opportunity to identify himself on the Site by creating an account to save time during his next order, by filling in his email address, and his contact details (last name, first name and email address) or to order as a guest. The Customer will be able to find his reservations within his customer area. The Customer has the opportunity to subscribe to the newsletter of GoTourism.

Payment of the Order

The payment is due to the placing of the Order. The Order will be paid via Stripe. Means of payment that are accepted are: Carte Bleue, Visa, Mastercard.
The price of the Order will be debited as soon as the order is validated.
Before clicking on the "Payment" button, the Customer has the opportunity to check the details of his Order and its total price and return to the previous pages to correct any errors or possibly modify his Order.
The confirmation of the Order implies acceptance of the CGUV and forms the contract.
The acceptance of the offer by the Customer is validated, in accordance with the double click process, by the confirmation of the Order.
Any modification of order by the Customer after confirmation of his Order is subject to acceptance by GoTourism.
GoTourism reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of services ordered are abnormally high for customers having the quality of consumers.
The archiving of communications, purchase orders and invoices is done on a reliable and durable support so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.
The site is equipped with an online payment security system enabling the Customer to encrypt the transmission of his bank data via the Stripe and Paypal platform.
An invoice will be established by GoTourism and communicated to the Customer on the email address provided during the Order and an email confirmation of the Order to the Customer to the email address indicated.
GoTourism reserves the right to block an Order in the event that a problem such as a payment default, an invalid email address or a difficulty is detected.
As part of its policy against fraud, GoTourism reserves the right, following any Order placed on the Site, to ask the Customer for any supporting document in order to validate his order.
In this case, the Customer will receive an email informing him that his order is subject to verification and will be invited to provide the supporting documents necessary for validation.
Failure of the Customer to respond to such a request within 2 days of the request made by GoTourism will automatically result in the cancellation of the relevant Order, without any possibility of subsequent claim.
In case of unavailability of a Service subject of the Order, GoTourism will inform the Customer by email.
In case of unavailability of a Service, the Customer may cancel the Order. The Order will be canceled and will be refunded by GoTourism.

USE OF SERVICES

Delivery of Services

Delivery of a Service is only possible upon presentation of the email published by GoTourism.
The Service will be controlled by the provider selected by GoTourism who provides the Service to the Customer (hereinafter the "Partner").
It is reminded that the delivery of the Service is subject to the chosen Partner’s specific conditions, such as the conditions of cancellation, modification of the reservation, physical conditions or age of the Customers.
The Partner reserves the right to refuse the Service ordered if the Customer does not fulfill the required conditions.
Other Services are only accessible under a certain meteorological, technical or other conditions. These conditions are indicated for each Service on the Site. The Partner reserves the right to refuse the requested Service or to postpone the reservation if the required conditions are not met.
Due to the nature of certain Services, some Partners may ask the Customer to sign a waiver of liability or a deposit check.
GoTourism has a mission of intermediary between the Customer and the Partner and in no case buys the Partner’ Service.
The Partner is always responsible for the proper execution of the Service. GoTourism is responsible under the conditions provided by the law.
Where applicable, GoTourism will make best efforts to try to find an amicable solution to the conflict between the Partner and the Customer. In any case, GoTourism can never be held responsible for the performance of any Service.
The Partners selected by GoTourism have declared holding a professional liability insurance for amounts that are notoriously sufficient for the provision of the Services and that they have all the authorizations and diplomas enabling them to carry out their activities on a regular and compliant basis. Applicable legal and regulatory provisions.
Partners are carefully selected for their know how. They work in compliance with the specifications guaranteeing the safety and quality of GoTourism.
However, the Customer is invited to check that he has sufficient insurance coverage, particularly for the practice of certain sports activities called "at risk".
The Customer is reminded that the safe delivery of the Services does not exempt him from observing the elementary precautionary rules for sports activities, especially those considered "at risk". The Customer accepts the risks accordingly.

Refund and exchange

The Customer has a right of withdrawal on the Order for a period of fourteen (14) calendar days from the date of the Order.
All Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, including services fully performed before the end of the withdrawal period and whose performance has begun after express prior consent of the Customer and expressly waived his right of withdrawal and the benefits of leisure activities to be provided on a specified date or period.
For services that are fully performed before the end of the withdrawal period and whose execution has begun after prior express consent from the Client as well as the services of leisure activities that must be provided on a specific date or period, certain Partners may , for commercial purposes, accept cancellations without charge, within the deadlines indicated strictly on the detailed page of the Service ordered.
In case of withdrawal, the refund will be made within 14 days via the payment method used during the Order.
In case of a refund, the Customer also has the possibility, under the same conditions as the refund, to request an exchange within the withdrawal period of fourteen (14) calendar days following receipt of the Service ordered.

Legal guarantee of conformity

Only the Partner carrying out the Service is liable to the Customer for the obligations of the legal guarantee of conformity.
The non-compliant Service will then be replaced in accordance with the cost terms provided for by the Consumer Code.
In addition, the Customer is informed that he may decide to implement the guarantee against hidden defects in accordance with Article 1641 of the Civil Code, in which case he may choose between the termination of the contract or a reduction of the price in accordance with Article 1644 of the Civil Code.

ABSOLUTE NECESSITY

The obligations contained herein will not be applicable or will be suspended by right and without compensation if their execution became impossible due to a case of force majeure or a fortuitous event as defined by article 1218 of the Civil Code and by case law or for any reason attributable to the Client, GoTourism or the Partner.
Each Party shall inform the other party by all means and as soon as possible in the event of an event of absolute necessity preventing it from performing all or part of its contractual obligations.
The Parties shall make every effort to prevent or reduce the effects of non-performance of the contract caused by an event of absolute necessity; the Party wishing to invoke an event of absolute necessity shall promptly notify the other Party of the beginning and, if applicable, the cancelation of this event, failing, meaning it may not be released from its responsibility.

PERSONAL DATA

GoTourism understands that data protection and privacy are a concern for all visitors to the Site.
GoTourism undertakes, in accordance with the RGPD regulations, to respect your privacy and to protect your personal data, that is to say likely to identify you directly or indirectly as a person.
As part of the Order, GoTourism is intended to collect personal data from the Customer. GoTourism is committed to protecting the personal data of Customers.
GoTourism does not communicate or trade the personal data of Customers.
At the stage of the Order on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to perform the Orders.
The personal data collected by GoTourism are intended to enable the fulfillment of the Order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with respect to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004 "Informatique et Libertés", and the General Data Protection Regulation (GDPR) , provided that you prove your identity, any Client, regardless of his nationality, has the right to access, modify or delete his personal data. Each Customer is also entitled to request a limitation on the processing of their data and also has a right to the portability of data and a right to oppose the processing of personal data concerning him.
For the purpose of applying this clause and in particular, to ensure the confidentiality treatment of Customer data, GoTourism has designated, in accordance with the provisions of the General Data Protection Regulation (GDPR), a protection delegate data, in the person of Mr. Léon Compas, it is possible to contact the following address: contact@gotourism.fr.
In any case, any Customer has the right to make any claim to the CNIL.

RESPONSIBILITY

GoTourism ‘s responsibility cannot be engaged in the event of non-execution or bad execution of the contract due, either by the fact of the Customer, or to the insurmountable and unpredictable fact of a third party to the contract, or to the absolute necessity.
GoTourism acts as an intermediary by offering Customers Services offered and executed by one of the Partners, selected by GoTourism.

INTELLECTUAL PROPERTY RIGHTS

All the elements appearing on the Site are protected by the French legislation on the copy right. You may not use, distribute, copy, reproduce, modify, distort or transmit the Site or the sites or any of their elements without the prior written permission of GoTourism.
No right or license may be assigned to any of these elements without the express written permission of GoTourism. GoTourism reserves the right to pursue any action for infringement of its intellectual property rights.

JURISDICTION - DISPUTE

All the contractual provisions defined above are governed by French laws. All disputes relating to the CGUV fall within the jurisdiction in the defendant's dwelling or, at the choice of the plaintiff, the place of delivery of the Service ordered.
It is also recalled that every consumer has the right to use a consumer mediator free of charge with a view to the friendly resolution of the dispute with a professional. To this end, GoTourism guarantees the effective use of a consumer mediation system.
As such, GoTourism invites the Customer to contact him to propose any amiable settlement of any conflict and mediator competent for mediation between them.
Finally, it is recalled that mediation is not mandatory but only proposed to resolve disputes by avoiding recourse to justice.
This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or warranty claims, and regardless of the paying method, without the possibility that any clauses attributing jurisdiction may documents of the Customers may impede the application of this clause.