DISCLAIMER: THIS SUMMARY IS PROVIDED FOR INFORMATION PURPOSES ONLY AND IS TAKEN FROM THE GENERAL TERMS AND CONDITIONS OF SERVICE, THE COMPLETE TEXT OF WHICH MAY BE CONSULTED AT THE FOLLOWING URL: https://www.cometoparis.com/fre/conditions-generales-s001.
SUMMARY OF GENERAL TERMS AND CONDITIONS OF SERVICE (updated on 1st June 2017)
The Services featured on the Website www.cometoparis.com/ger/, are provided by the company COME TO PARIS, the publishers of this Site. COME TO PARIS is a simplified joint-stock company with a capital of 1,122,000 euros, with a registered office at 55-63 rue Anatole France 92532 Levallois-Perret Cedex, registered under the number 531 208 494 RCS Nanterre, recorded on the register of travel operators under the number IM075140049 and holder of a financial guarantee issued by APST.
ARTICLE 1 - DEFINITIONS
"Site" refers to the website www.cometoparis.com/ger/, published by Come to Paris ((hereinafter the "THE COMPANY").
"Service" refers to the tourist, recreational, entertainment, insurance, etc. services offered by THE COMPANY or one of its service providers
"Order" refers to any reservation made by the User directly on the Site or by telephone.
"Voucher" or "e-ticket" refers to the document issued by THE COMPANY which enables the services booked on the Site to be acquired from the THE COMPANY providers.
"Provider" refers to any provider, supplier or partner of THE COMPANY.
"You" or "The User" refers to any person using the Site or the call centre, the details of which appear below, in order to book any service offered by THE COMPANY.
"Customer" refers to any person who has placed an Order on the Site and whose payment has been validated.
"Description" refers to the product descriptions on the Site. THE COMPANY endeavours to provide visual or textual support which provides an overview of the Services offered by the selected Service Provider. However, variations may occur between the details shown on product descriptions and the product provided, especially in the case of cruises.
"General Terms and Conditions" refers to these general terms and conditions of service.
ARTICLE 2 - SCOPE
The General Terms and Conditions of THE COMPANY are considered valid from the date shown in the heading of this document. THE COMPANY reserves the right to modify the General Terms and Conditions at any time by posting updated information. The user should consult the Terms and Conditions regularly in order to find out about any modifications made by THE COMPANY.
The General Terms and Conditions apply to any use of the Site, in particular to the Internet and telephone marketing of all the Services offered on the Site by the company THE COMPANY. Confirming any order on the website www.cometoparis.com/ger/ or by telephone therefore implies full acceptance of these Terms and Conditions.
A tick in the check box on the registration form indicates that the User has accepted the General Terms and Conditions. This acceptance can only be full and complete. Any acceptance with conditions attached to it shall be considered null and void. Users who does not agree to be bound by the Terms and Conditions may not use the services of THE COMPANY.
The General Terms and Conditions of THE COMPANY may be supplemented by separate conditions which appear in the description of the Service, i.e. particular conditions which must be accepted alongside the General Terms and Conditions where applicable.
ARTICLE 3 - DECLARATIONS BY THE USER
All Users agree to use the Site in accordance with the General Terms and Conditions, in the name and on behalf of all the beneficiaries of the Services booked on the Site by the User (hereinafter the Beneficiaries) whom he/she agrees to represent and to whom the General Terms and Conditions shall be binding.
The Services are accessible, subject to the restrictions listed on the Site:
- To any natural person with full legal capacity to undertake to abide by the General Conditions. [...];
- To any legal person acting as an intermediary for a natural person with full legal capacity to book Services in the name and on behalf of the legal person.
The User is financially responsible for the Site being used in his/her name or that of the Beneficiaries, except in the case of fraudulent use resulting from no fault or negligence on his/her part.
The User guarantees that the information provided by him/her on his/her behalf and in the name and on behalf of all the Beneficiaries he/she represents is truthful and accurate.
The site www.cometoparis.com/ger/ is intended for personal, non-commercial use or to legitimately request the use of the Services. All Users agree not to use the Site to make speculative, false or fraudulent requests. All Users agree not to use ‘bots’ or other automated means to access the Site, except with special permission from THE COMPANY.
THE COMPANY reserves the right, at any time, not to enter into a contract with a User who uses the Site fraudulently or who contravenes these General Terms and Conditions of Service.
ARTICLE 4 - USER ACCOUNT
In order to use certain functionalities of the site (obtaining a price estimate, paying for services, accessing orders), all Users must create an account and provide personal information. [...]
The use of the Site requires the User to register by filling in the form provided on the page summarising the current order. The User must provide all the information which is marked as obligatory. Any incomplete entries will not be validated. The registration will result in an account in the name of the User (hereinafter the "Account") being automatically created and the User being given access to a personal space (hereinafter "the Personal Space") [...].
The User guarantees that all information provided in the registration form is accurate, up-to-date and truthful and is not misleading in any way. The User has read the General Terms and Conditions and accepts that the information entered for the creation or the updating of his/her Account constitutes proof of his/her identity. The information entered by the User is considered binding as soon as it is validated.
The User may access his/her Personal Space at any time, after having confirmed his/her identity by means of his/her login ID as well as his/her password which will be sent to him/her when the User enters his/her email on the page.
THE COMPANY reserves the right to terminate an Account at any time and for any reason whatsoever, without the holder of the Account having any right whatsoever to compensation.
ARTICLE 5 - CREATION OF THE CONTRACT: ORDER PROCESSING
The User may book the Services offered on the Site directly on the website or by calling +33 148-740-510 after having accepted these General Terms and Conditions.
1) The User carries out a search, which will lead to the Services corresponding to his/her request being shown;
2) The User clicks on the Service of his/her choice to access its description;
3) The User provides the requested information and then accesses a summary of all the Services selected, the total price of the Services selected and the specific conditions of cancellation of the Services, should they differ from those of the General Terms and Conditions, thus having the opportunity to verify the details of the Order. The User must then ensure that all the information shown is accurate, as he/she will be solely responsible in the event of input error.
4) The User may then validate his/her Order, provided that he/she has accepted the General Terms and Conditions, by ticking the box "I have read and accept the general conditions of service, use and cancellation", […] on the Site. THE COMPANY reminds the User that if the General Terms and Conditions are not accepted, no orders can be placed.
5) The User's registration for the requested Service is then validated. THE COMPANY sends the User an email to confirm registration, followed by a confirmation of the order, including the important details of the order and, in an e-mail attachment, the e-ticket(s) for each Service requested. All information contained in this confirmation email will be deemed to constitute an agreement between the User and the company THE COMPANY.
ARTICLE 7 - E-TICKETS
Each Customer will receive one e-ticket per booked service. These e-tickets are sent to the customer by e-mail to the address provided by the Customer.
Each Customer must be able to present, upon request, a printed version of these documents or be able to display them on his/her smartphone for the Service Providers, who will accept this means of proof for any verification or checks carried out, particularly at the time the Services are to be used. Any Customer who does not comply will not be able to benefit from the booked Services. In this case, he/she will not be entitled to any refund from THE COMPANY or any cancellation insurance which may have been taken out.
The User must provide THE COMPANY with an e-mail address, enabling THE COMPANY to send his/her e-ticket.
As a precaution, if one day before the date of the reserved Service (provided an Order is placed more than one day before the service date) the e-ticket has not been received for any reason, the Customer should notify us of this fact via the contact form or by calling +33 148-740-510.
ARTICLE 8 - THE COMPANY GIFT VOUCHERS
Gift vouchers can be booked on the Site for certain services at a fixed price and for a specific date. Gift vouchers are not available for undated services (e.g. museum tickets).
The vouchers purchased on the Site may be used only on the www.cometoparis.com/ger/ site. THE COMPANY gift vouchers can be exchanged for any product offered on the site.
THE COMPANY reserves the right to cancel gift vouchers obtained fraudulently. THE COMPANY is not responsible for the loss or theft of gift vouchers.
All sales of gift vouchers are final. Gift vouchers are non-refundable.
ARTICLE 9 - GEOGRAPHICAL AREA OF THE SERVICE
THE COMPANY offers its services to a worldwide clientele via the Internet. The conditions agreed to and commitments made remain valid regardless of the Customer’s country of residence. As such, THE COMPANY cannot be held responsible in the event of a delay in the delivery of e-tickets to the customer.
ARTICLE 10 - DESCRIPTIONS
THE COMPANY strives to give the most accurate information possible about the Services as well as descriptions of areas and public places. [...]
Illustrations and Services are provided for information purposes only and may be subject to change (especially the menus). Similarly, the details given may be subject to modification. They cannot in any case constitute a cause for compensation or a discount. The photographs illustrating the products do not form part of the contract. If these photos are found to be misleading or incomplete, THE COMPANY cannot be held responsible under any circumstances. The pictures, images, texts and descriptions are and remain the property of THE COMPANY and cannot under any circumstances be used by third parties. However, some images are in the public domain and their authors are credited whenever possible.
The accuracy of information on all products and services offered by THE COMPANY is regularly verified. [...]
ARTICLE 11 - AVAILABILITY OF SERVICES
THE COMPANY strives to best serve its Users and Customers. However, the Services offered by THE COMPANY are subject to the availability of its Service Providers. No claim or indemnity may be filed by a customer if the booked Service is not available. THE COMPANY is under no obligation to provide the Services offered. If the Services selected by the Customer are not available, THE COMPANY will endeavour to provide an alternative which is similar to the request made.
Our Service Providers may modify their tour dates, prices, services included, age conditions, etc. Therefore, THE COMPANY reserves the right to cancel, modify or replace any service, tour, ticket or product that a Customer has booked on the Site at any time and for any reason whatsoever.
In this case, if the proposed new choice is not suitable for the Customer, he/she will be entitled to a full refund of the initial purchase price, except in the case of Services booked for special dates for which THE COMPANY may not know the price(s) of its Service Providers at the time they were published online.
Notwithstanding the above, if THE COMPANY is informed in advance by its Service Providers of a significant change in a reservation or tour, product or event, it will use all reasonable means to notify its Customers in order to modify the reservation whenever possible.
ARTICLE 13 - ACCEPTANCE OF ORDERS
THE COMPANY is not committed to accepting any Order until after confirmation of its acceptance via an e-mail sent to the Customer. THE COMPANY reserves the right not to proceed with certain Orders. In this case and as far as possible, THE COMPANY will inform the holder of this Order by e-mail.
ARTICLE 14 - DEADLINES AND DELAYS
In order to best serve its Customers, THE COMPANY endeavours to respond to requests within two working days from the confirmation of the Order and always before the date of the requested Service. However, this period is not contractual and cannot constitute grounds for complaint. If the Customer does not receive his/her e-ticket(s) before the date of his/her service, he/she may contact the offices of THE COMPANY on +33 148-740-510 to receive a copy of his/her e-ticket(s) upon confirmation of identity.
Traffic and traffic jams in Paris can cause delays, especially for private transfers. In this case, the Customer is solely responsible for the possible consequences of these delays and must ensure that he/she has allocated sufficient time to reach the Service location. In no event shall THE COMPANY be held responsible for expenses incurred as a result of the delay of a flight or transfer and no compensation may be requested from THE COMPANY in such cases.
ARTICLE 15 - FINANCIAL CONDITIONS
15.1 - PRICES AND TAXES
The descriptions of the Services presented on the Site specify, for each Service, what is included in the price and any special conditions. The prices shown are those in effect at the time of booking.
In addition, unless expressly stated otherwise, all costs, whether personal or incidental to the Service, such as insurance, delivery costs for e-tickets, laundry charges, telephone bills, drinks, room service, use of sports facilities, tips that may be given to accompanying tour guides, drivers or local guides, anything of a personal nature and more generally any Service not expressly included In the Order summary.
Finally, when the order includes an accommodation Service, prices are calculated according to the number of nights, not the number of whole days.
The prices displayed on the site are for information purposes only. They do not represent any contractual commitment from THE COMPANY and may differ from the amount found by the Customer on other sites. They do not take into account any promotions that the Service Provider may offer directly.
THE COMPANY reserves the right, at its own discretion and according to its own terms and conditions, to offer promotional offers or price reductions.
15.2 - VALIDITY OF PRICES
The prices shown on the Site are valid at the time of their posting and are, in principle, valid for the current season. If the Customer's request is outside the price validity date, an adjustment may be necessary. The decision of THE COMPANY regarding this matter is final and non-negotiable. THE COMPANY reserves the right to modify its prices without prior notice, particularly in the event of changes in exchange rates, service rates or taxation.
15.3 – PAYMENT
All Orders are payable in euros.
Customer payment using a credit card or debit card and especially via the Internet does not imply a "physical" invoicing operation by THE COMPANY.[…]
THE COMPANY accepts the following payment methods: Carte Bleue, Mastercard, Visa, American Express, Maestro, Bancontact/Mister Cash, Sofort, Discover, PayPal, bank cheques, ANCV cheques and bank transfers. The processing of credit card payments does not any fees or commission. Full payment by credit card is required to make a reservation. The payment will appear under the name THE COMPANY on the card statement.
In the event of rejection of a bounced check by the bank of THE COMPANY, the entire costs will be borne by the Customer and he/she will be rebilled. Similarly, any payment by bank transfer must be made for the amount due, net of any commission or bank charges. The Customer must therefore ensure that his/her bank will take charge of these expenses at the time the transfer is carried out.
In the event of a partial or total refund for a Customer who has paid by Sofort or Bancontact/Mistercash, the Customer must use the contact form to send THE COMPANY a copy of his/her bank account details (IBAN) in order to be reimbursed by bank transfer.
No refund is possible for any service, tourist package, accommodation, meals or any other service which has already been used.
THE COMPANY reserves the right to ask its Customers for any document (identity document, passport, driving license) in order to verify their identity in the event of suspicion of fraud.
Payment by credit card
Inputting credit card details into the system constitutes an obligation to pay. Payment can only be reversed in the event of loss, theft or fraudulent use of the card. Apart from these cases, which are strictly admitted by the legislator, the cardholder is responsible for fraudulent use of the bank card. In particular, the right to object to payment cannot be used to compensate for the absence of a right of withdrawal (see Article 17 below).
Confidentiality and Security of payments
THE COMPANY has chosen an established and quality provider (Be2Bill) to manage its card transactions. The confidentiality of the information is ensured by the service provider chosen by THE COMPANY. It is solely responsible for the payment transactions and the confidentiality of the information provided by the Customer.
An SSL (Secure Socket Layer) protocol is used to encrypt information, meaning that the User has the best quality of service for the online payment. THE COMPANY shall not be held responsible in the event of a data transmission failure and in particular in the event of loss of data confidentiality.
ARTICLE 16 – PROOF
Pursuant to the provisions of Article 1316-2 of the Civil Code, it is expressly agreed that, unless THE COMPANY has made a manifest error, the data stored on the THE COMPANY information system and/or that of its partners and/or service providers, particularly on the electronic messaging tools used, has conclusive force in relation to Orders placed and the fulfilment of the obligations of the parties. The computerised or electronic data thus stored constitutes evidence, and if it is produced as a means of proof by THE COMPANY in any contentious or other proceedings, it shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document which would be established, received or retained in writing.
ARTICLE 17 - RIGHT OF WITHDRAWAL
In accordance with Article L 121-21-8, 12 of the Consumer Code, the right of withdrawal cannot be exercised for contracts "for the provision of accommodation services, other than residential accommodation, transport of goods, car rentals, catering or recreational activities to be provided on a specified date or during a specified period.”
Consequently, the Services ordered on the Site are subject exclusively to the conditions of cancellation and modification provided for in these general terms and conditions of sale and the User cannot invoke the right of withdrawal.
ARTICLE 18 – CANCELLATION – MODIFICATION
18.1 - WAYS AND MEANS OF CANCELLATION OR AMENDMENT BY THE SERVICE PROVIDER
THE COMPANY endeavours to do everything possible to ensure the smooth running of the Services sold to its Customers, without, however, being held responsible for any unforeseeable circumstances, causes of force majeure or situations created by third parties (particularly in the event of a strike). However, even in these latter cases, THE COMPANY will endeavour to find solutions to overcome any difficulties.
If, prior to the scheduled date, a Service is modified in a way which affects an essential part of the contract, the Customer may within 7 (seven) days of being notified:
- Cancel the reservation (by post or e-mail only), in which case he/she will receive immediate reimbursement of all amounts paid;
- Accept the proposed change. In this case, an amended e-ticket will be sent to him/her and an e-mail will be sent, specifying the modifications and the increase/decrease in the price.
The Customer shall not be entitled to any compensation if the cancellation of the Service is imposed by circumstances relating to the safety of the passengers. In addition, THE COMPANY cannot held responsible for its Service Providers, who retain in respect of any Customer their own general conditions as well as the responsibilities specific to their business activity under the statutes governing them, their national legislation or international conventions instituting among other things, a limitation of liability. THE COMPANY cannot be held responsible for the failures of its Service Providers, who may cancel or modify a service for technical reasons.
THE COMPANY also declines all responsibility in the event that the Services provided by THE COMPANY are not insured by the service providers […]. For example, in case of severe flooding on the Seine or any other river, boat cruises may be cancelled. These cancellations usually give rise to compensation which is not contractual.
18.2 - WAYS AND MEANS OF CANCELLATION OR AMENDMENT ON THE PART OF THE CUSTOMER
The conditions of cancellation below apply to all the Services provided on the Site except for the conditions specifically mentioned under the "Information" tab of certain Services which take precedence over the General Terms and Conditions.
In the event of a cancellation, the customer must inform THE COMPANY by e-mail using the contact form. The date the e-mail is received will determine the cancellation date and the amount of any cancellation fees:
a. For activities (cabarets, cruises, guided tours, visits, etc.) unless specifically mentioned in the Service Description:
- Up to 4 days before the date of delivery, no cancellation fees will be charged to the Customer.
- From 0 to 3 days before the date of delivery, 100% of the amount of the service will be charged to the Customer.
c. For museum and monument tickets or for any undated Service, the service is non-cancellable and non-refundable, unless specifically mentioned in the Service Description.
d. In the event of a no-show, 100% of the amount of the service will be charged to the Customer. Under no circumstances can the cancellation costs charged to the Customer be transferred to any other Service. Under no circumstances can any abandoned Service be reimbursed when the Customer fails to appear at the time and place indicated to him/her.
e. For special dates (especially 24th December and 31st December, 14th February, 14th July or any other special date as indicated on the Site), no modification or cancellation is possible and the total amount will be due in this case. No refunds can be requested from THE COMPANY.
ARTICLE 19 - INSURANCE
No insurance is included in the prices of the Services offered on the Site.
THE COMPANY recommends that you take out an insurance policy covering the consequences of various types of cancellations at the time of your order.
Depending on the service you have purchased, you can take out insurance with Mondial Assistance (contract no. 304 009).
Should you take out an insurance contract, the insurance policy you have selected can be accessed, before validation of the order, using the hyperlink "conditions of insurance" which appears on the confirmation page of the Order. It is your responsibility to read the insurance contract carefully (including the exclusions, limitations or conditions for the validity of the insurance) before taking out the insurance.
THE COMPANY wishes to remind the User of the fact that taking out any of the insurance contracts offered on the Site is final and therefore it will not be possible to amend the contract at a later date, to replace it or to cancel it.
In accordance with Order No. 2005-648 of 6th June 2005 on the distance marketing of financial services, no waiver rights apply to travel or luggage insurance policies (Article L 112-2-1 of the Insurance Code). The amount paid to take out the insurance policy remains systematically acquired and it is not possible to request reimbursement of this amount, except in case of termination by THE COMPANY without fault of the User. Claims are made directly to the insurance company, respecting the terms of the insurance contract taken out.
ARTICLE 20 – DISPUTES
Any complaint of a commercial nature or arising from the quality of the Services must be made in writing as soon as possible and no later than thirty (30) days from the end of your Service by contacting us via the contact form.
An acknowledgment of receipt of this e-mail confirming that it has been received and processed by the department concerned, will be sent to the Customer within a maximum of 3 days.
Finally, it is up to the User to enquire, before placing any orders, about any local events such as carnivals, religious festivals, national holidays, public holidays, etc. which could affect the smooth running of the trip, it being specified that no complaint regarding this matter can later be addressed to the company THE COMPANY.
ARTICLE 21 - RESPONSIBILITY
21.1 - For the use of the Site
THE COMPANY does not guarantee that the Site will be free from any anomalies, errors or bugs, that these will be rectified, that the Site will be able to function without interruption or failure, nor that it is compatible with all devices without exception.
Under these conditions, by accepting these General Terms and Conditions of Service, the User declares that he/she is familiar with the characteristics and limitations of the Internet, in particular with regard to the technical performance of the applications developed therein and with regard to the security of communications and data.
THE COMPANY undertakes to use the data collected from its Customers only within the legal framework. Any Customer may delete his or her registration from this contact list by contacting us via the contact form.
ARTICLE 22 - COPYRIGHT AND INTELLECTUAL PROPERTY
All copying, reproduction, republication, downloading, uploading, distribution, making available to the public or other uses of the Site content (text, images, URLs, price information, etc.) for purposes other than personal and non-commercial use are strictly prohibited. Any other use of the Site content requires written permission from THE COMPANY.
The Customer or the User of this Site acknowledges that the information, data, programs, photographs, pictures, videos, design, data handling, music, sounds, images, maps, texts and any other content of this site are the property of THE COMPANY or some of its suppliers. The reproduction or storage of this content, in any form whatsoever, by current or future technologies, is subject to French law on this subject and to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
ARTICLE 23 - APPLICABLE LAW AND JURISDICTION
The parties agree that this contract is subject to French law. Disputes will be submitted to the jurisdiction of Nanterre (France).
The General Terms and Conditions of Service are the only ones which are valid and considered to be accepted by the Customer. Any clause to the contrary must be the subject of a written agreement.