Article 1 – Preamble
Article 1.1. Vendor designation
L’Office Intercommunal de Tourisme de Mimizan Etablissement Public à caractère Industriel et Commercial, registered in the Mont de Marsan Trade and Companies Register under number 420 580 714 000 12, having its registered office at 38, Avenue Maurice Martin – 40 200 MIMIZAN.
Telephone number: 05 58 09 11 20
E-mail address: contact@mimizan-tourisme.com
Represented by its President, Mrs Marie-France DELEST
Registered as a travel and holiday operator: IM040110009
Financial guarantor: APST – 15 Avenue Carnot – 75 017 PARIS CEDEX
Professional liability insurer: AVIVA ASSURANCES – 13, Rue du Moulin Bailly – 92 270 BOIS-COLOMBES
Hereinafter referred to as “the Tourist Office”.
Article 1.2 Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the marketing by the Tourist Office of tourist services provided directly by the Tourist Office or by partner service providers, to persons who are consumers or non-professionals within the meaning of the French Consumer Code, or travellers within the meaning of the French Tourism Code, and who have 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 non-professional within the meaning of the French Consumer Code, or a traveller within the meaning of the French Tourism Code, and who contracts with the Tourist Office under the present terms and conditions of sale.
Service: travel service or tourist package within the meaning of article L. 211-1 of the French Tourism Code.
Online contract: contract concluded within the framework of the purchase of service(s) on the Tourist Office website.
Distance contract: any contract concluded between a professional and a consumer, as part of an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more distance communication techniques until the conclusion of the contract, excluding the Tourist Office website.
Durable medium: any instrument enabling the consumer or the professional to store information addressed personally to him or her, so that he or she can refer to it at a later date for a period of time appropriate to the purpose for which the information is intended, and which enables the identical reproduction of the stored information (article L. 121-16 of the French Consumer Code).
Article 2 – Content and scope of application
The present general terms and conditions of sale apply ipso jure to all services provided by the Tourist Office.
They apply to sales via the Internet or other distribution and marketing channels.
Any order or immediate purchase implies unreserved acceptance of these general terms and conditions of sale, which take precedence over all other terms and conditions, with the exception of those expressly accepted by the seller and included in the booking contract.
The customer declares that he has read and accepted these terms and conditions of sale before making an immediate purchase or placing an order.
Article 3 – Pre-contractual information
Prior to placing an order and/or entering into a contract, the Customer acknowledges having been informed, in a legible and comprehensible manner, of the present general and special conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code and article R. 211-4 of the French Tourism Code.
The Customer further acknowledges having been provided with the form taken in application of the decree of March 1, 2018 “fixing the model information form for the sale of trips and stays” appended to these general terms and conditions of sale.
Article 4 – Prices
Article 4.1. Final price and additional taxes
The final price is announced in euros, all taxes included (VAT) per person or in the form of a package, and may be calculated according to the number of participants.
It does not include delivery, local transport unless otherwise stated, or personal expenses. In certain cases, additional costs may be paid directly to the service provider, notably local taxes such as the tourist tax in the case of accommodation.
Unless otherwise stipulated in the booking contract, the Tourist Office does not supply the coach for coach bookings, which must be in the group’s possession on the day(s) of the tour. The coach must be equipped with sound equipment.
When a customer occupies alone a room designed for two people, he/she will be charged a supplement called “single room supplement”, indicated in the price.
Article 4.2 Payment terms
The customer guarantees the Tourist Office that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the contract. The Tourist Office reserves the right to suspend all reservation management and service execution in the event of refusal to authorize payment by credit card by officially accredited organizations, 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 honor a reservation from a customer who has not paid in full or in part for a previous reservation, or with whom a payment dispute is in progress.
Payments made by the customer will not be considered final until the amounts due have been received by the tourist office.
For stays, the price must be paid according to the schedule shown in the contract. For late bookings (less than thirty days before the start of the service), the full price is payable at the time of booking.
The consumer has several means of payment at his disposal, offering optimum security:
a) by credit or debit card (Carte Bleue, Visa, Eurocard/Mastercard)
b) by cheque,
c) by bank transfer (transfer charges to be borne by the customer).
Article 4.3. Payment terms
The price is payable according to the following schedule (unless otherwise stated on the booking form):
– A deposit of 25% of the total amount upon reservation,
– The balance is due, at the latest, thirty days before the first day of service.
For late bookings (less than thirty days before the first day of service), the full price is due at the time of booking.
Reservations are not binding until the Tourist Office has received the initialled and signed reservation contract, the signed program, the initialled and signed general terms and conditions of sale and the signed standard information form, and has confirmed receipt and availability.
Should the customer fail to pay the deposit within the required time, the reservation will not be processed. Should the customer fail to pay the balance within the required time, he will be deemed to have cancelled his stay on the date scheduled for payment of the balance.
Article 4.4. Price revision
The Tourist Office undertakes to apply the prices in force 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 the present article.
In accordance with article L. 211-12 of the French Tourism Code, the price may be modified upwards or downwards after the reservation has been confirmed, to take into account changes in:
1° Passenger transport prices resulting from the cost of fuel or other energy sources ;
2° The level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the execution of the contract, including tourist taxes, landing taxes or embarkation and disembarkation taxes at ports and airports; or
3° Exchange rates relevant to the contract.
The Customer will be notified in a clear and comprehensible manner of any increase in price in application of the preceding paragraph, together with a justification and calculation, on a durable medium, no later than twenty days before the start of the services.
Conversely, the Customer has the right to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs 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 traveler may accept the proposed modification, or request cancellation of the contract without paying cancellation fees and obtain reimbursement of all payments already made.
Article 5 – Booking services via the Tourist Office website
If one or more services are booked via the Tourist Office website, the booking process is as follows:
– The customer selects his or her services on the Mimizan Intercommunal Tourist Office website and takes note of the visit conditions.
– The customer identifies him/herself, communicates his/her contact details and the number of participants.
– The customer takes note of the present general terms and conditions of sale and the separate form mentioned in article 3 of the present general terms and conditions of sale. He/she accepts them by ticking the appropriate box. He/she also acknowledges the terms of payment, which are not made via the Tourist Office website, but at the Tourist Office reception desk. The reservation of the service(s) requested is not firm and definitive at this stage.
– The customer sends the deposit or the total amount for the desired service(s) to the Tourist Office. The reservation is firm and definitive when the deposit or the total amount for the service(s) has been received by the Tourist Office.
– The Mimizan Tourist Office will send the customer a voucher with the contact details of the service providers and the meeting times and places for the services booked, as well as the conditions for visits.
Article 6 – Off-line and off-site booking of services
If one or more services are booked offline, the booking process is as follows:
– The customer contacts the Tourist Office by e-mail, post or telephone and specifies his or her choice of services.
– Following the request, the Tourist Office sends the customer a contract, together with the general terms and conditions of sale and the separate form indicated in article 3 of these general terms and conditions of sale. The Tourist Office specifies the method of payment and the amount of the deposit.
– The customer returns the initialled and signed general conditions of sale, the signed standard information form, and the initialled and signed contract, together with the deposit or, for late bookings, the total amount of the service(s) booked.
– On receipt of the signed documents and payment, the Tourist Office acknowledges receipt to the customer and the reservation is confirmed. The Tourist Office sends the customer a confirmation with the contact details of the service providers and access maps to the various services.
In the case of bookings made less than thirty days before the first day of service, full payment must be received at the time of booking.
Reservations are only definitive upon receipt by the Tourist Office of the initialled and signed reservation contract, the signed program, the initialled and signed general terms and conditions of sale and the signed standard information form, and upon confirmation of receipt and availability by the Tourist Office and receipt by the Tourist Office of the deposit or total cost of the service.
Article 7 – No right of withdrawal
Article L. 221-28 of the French 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 which are to be provided on a specific date or at a specific time. Article L. 221-2 of the French Consumer Code also excludes this option for passenger transport and tourist packages.
The Tourist Office takes advantage of this absence of the right of withdrawal and states that for all services falling within the scope of article L. 221-28 or L. 221-2 of the French Consumer Code.
Consumer or non-professional customers have no right of withdrawal.
Article 8 – Contract modification
Article 8.1 Modification of the contract at the Tourist Office’s initiative
The Tourist Office may unilaterally modify the terms of the Contract after its conclusion and before the start of the tourist service, without the Customer being able to object, provided that the modification is minor and that the Customer is informed as soon as possible in a clear, comprehensible and visible manner on a durable medium.
If the Tourist Office is obliged to unilaterally modify one of the main characteristics of the contract within the meaning of article R. 211-4 of the French Tourism Code, that it is unable to meet the particular requirements agreed with the Customer, or in the event of a price increase in excess of 8%, it shall inform the Customer as soon as possible, in a clear, comprehensible and visible manner, on a durable medium : of the proposed modifications and, if applicable, their impact on the price of the trip or stay; of the reasonable time limit within which the Customer must inform the Tourist Office of the decision he has taken; of the consequences of the traveler’s failure to reply within the set time limit; if applicable, of the other service proposed, as well as its price.
If the modifications to the contract or the alternative service result in a reduction in the quality or cost of the trip or stay, the traveler is entitled to an appropriate price reduction.
If the contract is terminated and the customer does not accept an alternative service, the Tourist Office will refund all payments made by the customer or on his behalf as soon as possible, and no later than fourteen days after termination of the contract.
Article 8.2 Modification of the contract at the customer’s initiative
No reimbursement will be made for any service that is shortened or not used by the customer, or that is started late by the customer.
The office is only liable to the customer for the services sold.
The office cannot be held responsible for :
– any services subscribed to by the customer other than those invoiced by the office ;
– any modification of services at the customer’s initiative.
In the event that a group having booked a service turns up in a lower number than that provided for in the booking, no reimbursement will be made, except in accordance with the conditions and deadlines set out in article 9.1 of these general terms and conditions of sale.
In the event of a group arriving in greater numbers than those specified in the reservation, and without the express authorization of the Tourist Office, which entails additional invoicing, these additional persons will not be able to take part in the service.
Article 9 – Termination of contract
Article 9.1. Termination of the contract by the customer
The customer may cancel the contract at any time before the start of the service. In order for this cancellation to be valid, the customer must inform the Tourist Office by e-mail or post, no later than 48 hours before the start of the service.
The Tourist Office may then ask the customer to pay a cancellation fee, according to the following schedule:
– If the cancellation is made between thirty and twenty-one days before the first day of the services, a sum equivalent to 25% of the total price of the services will remain payable to the Tourist Office.
– If cancellation is made between twenty and eight days before the first day of the event, the Tourist Office will be charged 50% of the total price of the event.
– If cancellation is made between 7 and 2 days before the first day of the event, the Tourist Office will be charged 75% of the total cost of the event.
– If the cancellation is made the day before the first day of services, a sum equivalent to 90% of the total price of the services will remain payable to the Tourist Office.
– If the cancellation occurs on the first day of the services, the full price of the services will remain due to the Tourist Office.
This cancellation fee is not payable if the contract is cancelled due to exceptional and unavoidable circumstances occurring at or near the destination and having a significant impact on the performance of the contract. In this case, the Tourist Office will reimburse all payments made, but will not provide any additional compensation.
Article 9.2. Termination of the contract by the Tourist Office
The Tourist Office may terminate the contract at any time prior to the start of the service.
In this case, the Tourist Office will reimburse all sums paid by the customer, less the appropriate cancellation costs. This reimbursement will be made at the latest within fourteen days of termination of the contract.
The Customer will be entitled to additional compensation, corresponding to that which the Tourist Office would have had to bear if the contract had been terminated by the Customer, in accordance with article 9.1 of these general terms and conditions of sale.
However, the Tourist Office will not be liable for any additional compensation if the contract is terminated in the following two cases:
1) The number of people registered for the trip or stay is less than the minimum number indicated in the contract. In this case, the Tourist Office will notify the customer of the cancellation of the contract by e-mail or post within the following deadlines:
– twenty days before the start of the trip or stay in the case of trips lasting more than six days ;
– seven days before the start of the trip or holiday for trips lasting between two and six days;
– forty-eight hours before the start of the trip or stay for trips lasting no more than two days;
or
2) The Tourist Office is prevented from fulfilling the contract due to exceptional and unavoidable circumstances. In this case, the Tourist Office will notify the traveler of the cancellation of the contract by e-mail or in writing as soon as possible before the start of the trip or stay.
Article 10 – Transfer of contract
Article 10.1. Possibility for the customer to assign his contract
The Customer may assign his contract to a transferee who fulfils the same conditions as he does to take the trip or stay, as long as the contract has not produced any effect.
Article 10.2. Advance notice to assign the contract
The customer may only assign his contract on condition that he informs the Tourist Office of his decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the trip. Under no circumstances is this transfer subject to prior authorization by the organizer or retailer.
Article 10.3 Solidarity of assignor and assignee
The assigning customer and the assignee are jointly and severally liable for payment of the balance of the price and any additional costs that the assignment may give rise to.
Article 11 – Legal warranty of conformity
Article 11.1. Principle
The Tourist Office is the sole guarantor of the conformity of the services to the contract. As such, the non-professional or consumer customer may make a claim under the legal warranty of conformity provided for in articles L. 217-11 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code.
This warranty covers any lack of conformity or latent defect resulting from a design or manufacturing fault in the services ordered, in accordance with the terms and conditions set out in these general terms and conditions of sale.
Article 11.2: Implementation of the legal warranty of conformity
The consumer or non-professional customer must notify 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 French Tourism Code. This communication 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 reality of the alleged defects efficiently and in the interests of both parties.
Any 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.
In the event of the Tourist Office proposing a replacement service or a price reduction, the customer may only refuse the other services proposed if they are not comparable to what was 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 services actually paid for by the consumer or non-professional Customer, and the Tourist Office may not be considered responsible or in default for any delay or non-performance resulting from force majeure or exceptional or unavoidable circumstances.
Article 11.3 Vendor contact details
In accordance with article R 211-6, 4° of the French Tourism Code, the Customer may contact the Tourist Office rapidly using the contact details given in article 1.1 “Vendor designation” of these general terms and conditions of sale, in order to communicate effectively with the Vendor, request assistance if the Customer is in difficulty, or complain about any non-conformity observed during the execution of the services.
Article 12 – Intellectual property
All technical documents, products, drawings and photographs given to purchasers remain the exclusive property of the Tourist Office, which is the sole owner of the intellectual property rights on these documents, and must be returned to it on request.
Purchasing customers undertake not to make any use of these documents which might infringe the supplier’s industrial or intellectual property rights, and undertake not to disclose them to any third party.
Article 13 – Protection of personal data
Article 13.1. Data collected
As part of its activity of selling Tourist Stays and Services, the Vendor implements and operates the processing of personal data relating to Customers and Beneficiaries.
To this end, the Tourist Office collects the following personal data: Surname, first name, address, telephone number, e-mail address, age, gender for room allocation, medical and religious dietary requirements to adapt meals for various allergies.
In addition, when paying for services over the Internet, the Tourist Office records financial data relating to the user’s bank account or credit card in the case of online payment by credit card and offline payment by cheque.
Article 13.2. Purpose
The collection of this personal data is essential to the performance of the contract, and in the event of refusal to provide it, the customer will be exposed to difficulties in the performance of the service, for which the Tourist Office cannot be held responsible.
This personal data is collected for the sole purpose of managing the Vendor’s clientele in connection with the conclusion and execution of the contract, on the basis of your consent.
They are only used for the purposes to which the Customer has consented.
More specifically, the purposes are as follows:
– Identification of persons using and/or booking services
– Formalization of the contractual relationship
– Provision of services booked with the Tourist Office
– Management of contracts and reservations
– Communication to partners with a view to the provision of services by the partners concerned
– Accounting, in particular customer account management and customer relationship management,
– Processing of customer management operations,
– Prospecting and/or sending information and promotions to customers
– Preparation of sales statistics
– Development of customer knowledge.
– Sending newsletters and commercial information.
Article 13.3. Persons authorized to access data
The following persons are authorized to access the data collected within the Tourist Office: the Tourist Office Director, the heads of the educational department, the holiday advisors and the Data Protection Officer.
Some of this data (surname, first name, date of birth and telephone number) is passed on to the Tourist Office’s partner service providers, it being specified that in such cases, whether they are partners or subcontractors, this is done in compliance with the regulations in force.
Article 13.4. Data retention
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 only for as long as is necessary to complete the transaction.
Personal data relating to prospective customers who do not enter into a reservation contract with the Tourist Office is kept for a period of 6 months from the date of collection.
The personal data required to send out the newsletter is kept for as long as the customer has not unsubscribed.
The Tourist Office implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized 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 over the Internet.
The Tourist Office has formalized the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data within a document called Privacy Policy or RGPD, accessible at the following address: https://www.mimizan-tourisme.com/mentions-legales.html and on request from the Tourist Office.
Article 13.5. Rights of the owner of the data collected
In application of the regulations applicable to personal data, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his or her personal data. It is also possible to request that such data be rectified, completed, clarified, updated or deleted.
These rights may be exercised by writing a signed letter to the Data Protection Officer at Syndicat Mixte Agence Landaise Pour l’Informatique Délégué à la Protection des Données Mutualisées sis : Maison des communes 175, Place de la Caserne Bosquet 40 000 MONT DE MARSAN – dpo@alpi40.fr en joindre à votre demande une copie de votre pièce d’identité valide.
The Customer may lodge a complaint with the CNIL at any time, in accordance with the procedures indicated on its website (https://www.cnil/fr).
Article 13.6. Modification of the clause
The Tourist Office reserves the right to modify this clause relating to the protection of personal data at any time. If a modification is made to the present 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, at least 15 days before the effective date.
Article 13.7. Opposition to cold calling
You have the option of registering on the opposition to telephone canvassing list on the following website: http://www.bloctel.gouv.fr/.
Article 14 – Language of the contract
These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 15 – Insurance
The Customer undertakes to hold and be up to date with his civil liability insurance to cover any damage he may cause.
No insurance is included in the price of services.
On registration, the Customer is informed that he/she may take out optional cancellation insurance, which will enable him/her to be reimbursed under certain conditions if he/she has to cancel or interrupt his/her stay, or if one or more insured persons cancel their participation in the stay.
To take out cancellation insurance, or for more information on the insurance options available and the conditions of cover, the Mimizan Intercommunal Tourist Office can advise its customers to contact or consult the information provided by its insurance partner, with whom the customer has a choice of 3 insurance formulas: Multirisques premium, multirisques or cancellation. Contact: on the website https://particulier.assurever.com/ or by telephone 01 73 03 41 18
When the customer takes out travel insurance, the contract is the sole responsibility of the insurance company. Any claims must be addressed directly to the insurer. The customer is responsible for fulfilling the obligations stipulated in the contract. Insurance premiums are not included in the price of the trip and must be paid when the insurance is taken out.
Article 16 – Minors
Where minors, unaccompanied by a parent or other authorized person, are travelling on the basis of a contract for tourist services including accommodation, the person responsible for the minor must, for the conclusion of the contract, 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.
Article 17 – Responsibility of the Tourist Office
Article 17.1 – Legal liability
The Tourist Office is fully liable for tourist services contracted under the present terms and conditions of sale.
The Tourist Office may, however, exonerate itself from all or part 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 organizer and the retailer are responsible for the proper execution of all travel services included in the contract, in accordance with article L. 211-16.
Article 17.2. Limitation of the Tourist Office’s liability
In accordance with article L 211-17, IV of the French Tourism Code, the amount of any damages that the Tourist Office may be ordered to pay to the Customer 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 damage caused intentionally or by negligence.
Article 18 – Exceptional and unavoidable circumstances
All events which create a situation beyond the control of either the professional or the traveller, the consequences of which could not have been avoided even if all measures had been taken, thus preventing the performance under normal conditions of their obligations, are considered to be grounds for exoneration from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, the present terms and conditions may be terminated by the injured party.
Article 19 – Travel 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 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, in particular hikes and nature outings on natural terrain and visits to industrial sites.
Certain services offered by the Mimizan Intercommunal Tourist Office therefore require specific equipment:
– For hikes and nature outings, closed-toe shoes are compulsory, and clothing suitable for walking and the weather is recommended.
– For visits to forestry sites, safety shoes, safety helmet and high-visibility vest are mandatory. Clothing suitable for walking and the weather is recommended.
– For industrial site visits, safety shoes, hard hat, high-visibility vest and ID are mandatory. Personal smartphone headphones are recommended.
In all cases, the customer may ask the Tourist Office for precise information on the suitability of the services for his or her needs in terms of accessibility.
Article 21 – Settlement of disputes
Article 21.1 Applicable law
These general terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the customer should first contact the Tourist Office for 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 existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The customer may contact the Tourism and Travel Ombudsman at www.mtv.travel or at the following address: MTV Médiation Tourisme Voyage BP 80 303 – 75 823 Paris Cedex 17, in the event that the Tourist Office’s response to the customer’s complaint is deemed insufficient.
Article 21.3. Online sales
In the event that the service has been purchased online by the Customer, the latter is hereby informed that, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, he/she has the option 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 21.4. Competent jurisdiction
All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved amicably between the seller and the Customer, will be submitted to the competent courts under the conditions of common law.
For the definition of the competent jurisdiction, the seller elects domicile 38, avenue Maurice Martin – 40200 Mimizan.
Article 21.5. Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 22 – Proof
It is expressly agreed that the data contained in the information systems of the office have evidential value with regard to orders, requests, and any other element relating to the use of the Site. They may be validly produced, notably in court, as a means of proof in the same way as any written document.
Article 23 – Linked travel services
If, after having chosen and booked a travel service or tourist package with the Tourist Office, you book additional travel services for your vacation trip or stay featured in any communication or publication edited by the Tourist Office, or you book additional travel services during the same visit or contact with the Tourist Office after having chosen a travel service and paid for it, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code. The Office intercommunal de tourisme de Mimizan will not be responsible for the proper execution of these additional travel services. In the event of a problem, please contact the service provider concerned.
However, if you book additional travel services through this communication or publication within 24 hours of receiving confirmation of the booking from our Tourist Office, or if you book additional travel services during the same visit or contact with our Office, these travel services will form part of a linked travel service. In this case, as required by European Union law, the Tourist Office has the protection of reimbursing the sums you have paid it for services that have not been performed due to its insolvency. Please note that in this case, there is no provision for reimbursement in the event of the insolvency of the additional service provider concerned.
The Tourist Office has taken out insolvency protection with APST – 15 Avenue Carnot – 75 017 PARIS CEDEX. tel: 01 44 09 25 35 or 88 00 – info@apst.travel – www.apst.travel –
Travelers may contact APST – 15, Avenue Carnot – 75 017 PARIS – 01 44 09 25 35 – info@aspt-travel if they are refused services due to the insolvency of the service provider.
Note: this protection against insolvency does not apply to contracts concluded with parties other than the Tourist Office, which can be performed despite the Office’s insolvency.
Directive (UE) 2015/2302 transposée en droit national https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieLien=id&dateTexte=20180701
