General terms and conditions
Date last updated: June 1, 2020
THE TRAVEL PLANNER, a company with a capital of 2,000 euros, registered in the Paris R.C.S. under number 882 638 661, whose registered office is located at 15 square de Clignancourt 75018 PARIS (the “Company”) offers, remotely, travel consulting services and customized itinerary definition. The Company operates the website accessible at the following URL: www.soloinitalia.fr (the “Site“).
These general terms and conditions (hereinafter the “General Terms and Conditions”) govern the provision of remote travel advice and tailor-made itinerary definition services (hereinafter the “Services”) entered into by you (the “Client”) with the Company.
SECTION I – CONDITIONS APPLICABLE TO ALL CLIENTS
Article 1 – GENERAL PROVISIONS
These General Terms and Conditions apply to the sale and supply, at a distance, of Services by the Company to the Client.
These Terms and Conditions are available on the Site. The Client may also ask the Company to send him a copy.
Before any order, these General Conditions are systematically communicated to the Customer.
These General Terms and Conditions shall prevail over the Customer’s general terms and conditions of purchase.
Article 2 – DESCRIPTION OF BENEFITS
The Services are described in a general way on the Site. When a Client wishes to place an order, the Company sends him/her electronically a personalised service proposal describing the essential characteristics of the Services.
In any event, the Company does not act as an operator or travel agent within the meaning of the Tourism Code. The Company’s activities do not involve the development and/or sale of tourist packages and/or travel services.
The Services rendered by the Company relate solely to the provision of travel advice and itinerary definition. The Client is free to decide whether or not to follow the advice and suggestions provided by the Company. The Client remains fully responsible for its decision to undertake a journey on the basis of the Services. The Client is also solely responsible for any reservations of travel services (hotels, transport, etc.) that he may wish to make.
Article 3 – ORDERS
How to place an order
Orders must be placed by e-mail by sending a request to email@example.com or by using the contact form available on the Site.
Upon receipt of a request from the Client, the Company will send him a personalized service proposal by e-mail.
This service proposal specifies the essential characteristics of the Services, the period within which they will be performed, their price, the payment terms, the means of payment and the present General Terms and Conditions.
This personalized service proposal does not constitute a firm offer by the Company to enter into a contract, but merely an invitation to enter into negotiations. If the Client wishes to place an order on the basis of this personalised service proposal, the Client must send the Company by e-mail the order form, which is included in the personalised service proposal sent to the Client and which he will have previously completed and signed. The Client then submits a binding offer for the conclusion of a contract for the provision by the Company of the Services detailed in the personalised service proposal.
The submission of this purchase order must be accompanied by the payment, as a deposit, of a sum equivalent to 50% of the price of the Services, within one week of receipt by the Company of the said purchase order.
The Services contract shall only take effect when the Company has accepted the Client’s order form and received the transfer of the deposit corresponding to 50% of the price of the Services within the time limits specified in the previous paragraph. Acceptance of the order form by the Company shall take the form of a written order confirmation sent by e-mail which specifies the period within which the Services will be provided. The contract thus formed is exclusively governed by: the order form and the corresponding personalised service proposal, the order confirmation issued by the Company and these General Terms and Conditions.
Upon confirmation of the order by the Company, the Customer shall be deemed to have read and accepted without reservation all of the General Terms and Conditions in force at the time the order is placed.
The Customer must ensure that the information he provides to the Customer when placing an order is complete and accurate. Otherwise, the Company shall not be liable for any delay in the delivery of the Services or for any defect affecting them.
The contract shall terminate when the Services referred to therein have been performed, unless otherwise terminated in accordance with the law. The contract may not be tacitly renewed.
Refusal of the order by the Company
The Company reserves the right to refuse an order if it does not comply with the General Terms and Conditions in force, if it is placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
Modification of the order by the Customer
The Customer undertakes to inform the Company without delay of any change in the information communicated at the time of his order (such as his e-mail address, invoicing details, etc.).
Any changes requested by the Client may only be taken into account if they are notified in writing before the Company performs the Services. They will be the subject of a new personalised service proposal, possibly with price adjustments.
The Client declares that it has full legal capacity to enter into a contract with the Company.
Communications with the Customer
The Company shall communicate with the Client at the email address used by the Client to communicate with the Company or at any other email address provided to the Company.
The Client shall bear the costs of internet access necessary for communication with the Company as well as the costs relating to the use of software enabling the documents sent by the Company to be read.
The Company archives communications, orders and invoices on a reliable and durable medium.
The Customer may obtain a copy of the documents constituting the contract by which he is bound by sending his request to the following address: firstname.lastname@example.org.
Article 4 – PRICE AND PAYMENT TERMS AND CONDITIONS
The total amount owed by the Client and its details are indicated in the personalised service proposal prepared by the Company.
The price is exclusively payable in Euros (€).
Terms of payment
Any order confirmed by the Company is an order with payment obligation. The Client must then pay the price of the Services in order to receive them.
Payment for the Services shall be made as follows: fifty percent (50%) of the price for the Services must be paid in advance at the time of the order and the remaining fifty percent (50%) of the price for the Services must be paid no later than the day before the Services are made available.
The Services may not be provided by the Company until the Company has received all sums due from the Client.
Orders must be paid by bank transfer using the bank details provided by the Company.
The confirmation of the order by the Company can only be made upon receipt of the payment of the deposit. The receipt of this deposit must be made within one week of receipt by the Company of the order form completed and signed by the Client. Failing this, no contract shall be concluded.
In the event of non-payment within the period indicated above, the Customer shall pay default interest. Pursuant to the provisions of the French Commercial Code, the interest rate for late payment penalties shall be equal to the rate charged by the European Central Bank for its most recent refinancing operation, plus 10 percentage points.
Late payment penalties will be due without formalities or special formal notice, and will therefore be automatically applied from the day following the payment date on the invoice.
A fixed indemnity for collection costs of 40 € is due by right for any late payment.
Article 5 – CANCELLATION OF THE ORDER
In the event of cancellation of the order by the Client after its acceptance by the Company, for any reason whatsoever except for force majeure, the deposit paid with the order shall be automatically acquired by the Company and may not give rise to any reimbursement whatsoever, subject to the provisions of Section II of these General Terms and Conditions.
Article 6 – CUSTOMER SERVICE
The Customer may contact customer service by writing an e-mail to the following address: email@example.com or by calling the following number: 06 60 05 32 68.
Article 7 – INTELLECTUAL PROPERTY
The elements protected by intellectual property rights in France or abroad communicated to the Client as part of the provision of the Services, including but not limited to figurative trademarks, illustrations, logos, videos, writings, photos, files (the “Elements”), are and shall remain the exclusive property of the Company.
Any total or partial reproduction, modification or use, distribution, broadcasting, representation or exploitation of Elements for any reason and on any medium whatsoever, whether free of charge or against payment, without the Company’s express prior consent, is strictly prohibited.
In addition, the Services as well as any documents communicated by the Company to the Client in connection with the provision of the Services (e.g. a document containing route suggestions) are intended for personal use only. The Client undertakes not to make any commercial use of the aforementioned Services and documents and in particular not to sell, rent or market them. Furthermore, the Client undertakes not to modify, translate, adapt, reproduce, distribute or transfer all or part of the aforementioned Services or documents.
ARTICLE 8 – LIABILITY
Limitation of liability
The Company can only be held liable for direct damages arising from the execution of the contract concluded with the Client. In all cases, its liability shall be limited to the amount paid by the Client for the Services ordered.
This limitation of liability shall not apply in the event of fraud, gross negligence, personal injury or any other reason for liability which cannot be excluded by law.
The Client and the Company expressly exclude the application of articles 1217 indents 2 and 3, 1121, 1222 and 1223 of the Civil Code.
The Company has taken out insurance covering its professional and contractual liability with for the French territory.
ARTICLE 9 – FORCE MAJEURE
The Company’s performance of its obligations under the terms of this Agreement shall be suspended in the event of the occurrence of a force majeure event, within the meaning of Article 1218 of the French Civil Code, which hinders or delays its performance.
ARTICLE 10 – PERSONAL DATA
Information concerning the processing of your personal data by the Company can be found in the Personal Data Protection Charter available on the Company’s Website.
ARTICLE 11 – GENERAL PROVISIONS
Entire agreement of the parties
The contract consisting of the order form, the corresponding personalized service proposal, the order confirmation and these General Terms and Conditions expresses the entirety of the Parties’ obligations. No general or specific conditions appearing in the documents sent or handed over by the Customer may be incorporated into the Contract.
The fact that one of the parties does not avail itself of a right or of a breach by the other party of one of the obligations referred to in the contract shall not constitute a waiver of its rights under the contract.
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
The contract of which these General Conditions form an integral part is governed, interpreted and applied in accordance with French law.
In the event of any dispute, action, controversy or controversy arising out of, relating to or in any way connected with the contract entered into by the Company and the Client, including any dispute as to its existence, validity, interpretation, performance, breach or termination or as to the consequences of its invalidity (a “Proceeding“), the parties irrevocably submit to the exclusive jurisdiction of the Paris Commercial Court and the Paris Court of Appeal and irrevocably waive any plea of lack of jurisdiction, whether relating to the material or territorial jurisdiction of the court seized, that they may raise to oppose the institution of Proceedings before these courts.
Modification of the General Terms and Conditions
The Company reserves the right to make any changes to these Terms and Conditions. However, orders shall be governed by the General Terms and Conditions in force at the time the said orders were placed by the Customer.
SECTION II- CONDITIONS APPLICABLE TO CUSTOMERS ACTING AS CONSUMERS
This section is applicable to any natural person who acts for purposes that are not within the scope of his or her commercial, industrial, craft, liberal or agricultural activity and who wishes to benefit from the Services offered by the Company (the “Consumer“).
Article A – NON-APPLICABLE PROVISIONS
The following provisions of the General Terms and Conditions do not apply to consumers:
- Article 4 – Interest
- Article 8 – Limitation of liability
- Article 11 – Competent courts
Article B – RIGHT OF WITHDRAWAL
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal which he may exercise within fourteen (14) calendar days following the date of conclusion of the Contract.
If the Client wishes the Company to start executing the Services before the end of the withdrawal period, the Company will receive the Client’s express request.
If, before the end of the withdrawal period, the Client exercises its right to withdraw from the contract when the performance of the Services has already begun at its express request, the Client shall pay the Company an amount corresponding to the Services provided up to the time of communication of its decision to withdraw; this amount shall be proportionate to the total price of the Services.
No sum is due by the Customer who has exercised his right of withdrawal if his express request has not been collected or if he has not been informed that charges may apply when exercising his right of withdrawal.
In order to exercise his right of withdrawal, the Customer can use the form available at the bottom of the page. The Customer may also exercise his right of withdrawal by providing the Company with the following information: (i) his name, address, telephone number and e-mail address and (ii) his decision to withdraw by means of an unambiguous statement.
Upon receipt of the withdrawal request, the Company will send an acknowledgement of receipt to the Client by e-mail.
The Company shall reimburse the Client for the sums due within fourteen (14) days from receipt of all the elements enabling the right of withdrawal to be implemented. This refund will be made by bank transfer or cheque.
By accepting these General Terms and Conditions, the Customer expressly acknowledges having been informed of the terms and conditions of withdrawal.
Article C – LIABILITY
The Company shall be automatically liable to the Client acting as a consumer for the proper performance of the obligations resulting from the concluded contract to which they are parties.
Article D – START-UP
The Customer who has the status of consumer and who does not wish to be the subject of commercial canvassing by telephone is informed by the present General Terms and Conditions of his right to register free of charge on an opposition list to telephone canvassing. This list is called Bloctel and the consumer may register online on the site accessible at the following address http://www.bloctel.gouv.fr/http://www.bloctel.gouv.fr/.
ARTICLE E – MEDIATION
Any consumer has the right to have recourse free of charge to a consumer ombudsman for the amicable termination of a dispute between him and a trader.
For any difficulty, we invite you to contact us at firstname.lastname@example.org or THE TRAVEL PLANNER SASU, 15 square de Clignancourt 75018 PARIS.
If you are not satisfied or if you have not received a response within fifteen (15) days, you may have your request examined by a mediator whose contact information will be provided to you by the Company.
You can also use the European Online Dispute Resolution Platform available at https://ec.europa.eu/consumers/odr.
Model withdrawal form
For the attention of THE TRAVEL PLANNER SASU, 15 square de Clignancourt, 75018 PARIS :
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of services (*) below :
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.