GENERAL TERMS AND CONDITION OF SALE
BATOBUS AND WEBSITE : www.batobus.com
PART I – GENERAL TERMS AND CONDITIONS OF SALE
For the purposes hereof, the terms defined below, both in the singular and in the plural, shall have the following meaning:
- “Customer”: any natural person or legal entity acting as a consumer within the meaning of the Consumer Code, i.e. for purposes not in connection with its commercial, industrial, artisan, professional or agricultural activity;
- “Services”: catering services and/or services proposed directly by the Service Provider or indirectly via its website.
Article 1 – General provisions
1.1 The provision of the Services is subject to the stipulations hereof, complemented by the specific terms and conditions of the Service. They take precedence over all terms and conditions of purchase which may be enforced there against and express the entirety of the rights and obligations of the parties and are inseparable, where applicable, from the “General Terms and Conditions of Use” section below for any booking and/or order placed via a website of the Service Provider.
1.2 The Service Provider reserves the right to not accept booking for events of which the electoral, political or religious nature is incompatible with or prejudicial to the image and shared aim of the Service Provider or the venue where the Services are to be provided.
1.3 If any one of the clauses hereof (in full or in part) were to prove unlawful, invalid or inapplicable, the other provisions would remain in force.
1.4 The fact that the parties do not exercise the rights recognised as theirs pursuant hereto may not in any event be interpreted as waiver of asserting the said rights.
1.5 This document is drawn up in French.
Prices are expressed in euros, exclusive of tax or inclusive of tax. Prices can be revised at any time without prior notice. Prices invoiced are those in force on the day of the booking. They are subject to the VAT in force which is applicable on the day of the service. All new taxes or charges which may be created, or any change to current charges or taxes, automatically entail the readjustment of prices. Prices may also be subject to a differentiated pricing policy based on management of capacities available resulting in their variation. It is for the Customer to assess, before approving the booking, whether the price is suitable. No dispute regarding price may be considered at a later date. The prices of services or of services net of the principal services are not modifiable after the booking.
Article 3 – Terms of booking and of payment
3.1 The Service Provider makes these General Conditions available to the Customer on its Internet website in order for it to read them prior to any booking.
Bookings are made in writing, by email, by telephone, by delivery service or directly on the Service Provider’s Internet website. To make a booking, the Customer must be at least 18 years of age and have legal capacity to enter into a contract.
Any fraud in breach of these General Provisions may result in refusal by the Service Provider, at any time, to allow access to the Services.
3.2 All bookings entail acceptance of these terms and conditions and become effective on total or partial payment by the Customer. A deposit of 90% of the total amount of the service, or 100% for online bookings, will be required. In the case of partial payment, the balance remaining due must be paid by the Customer on the day of the service.
3.3 The exact number of participants must be confirmed in writing at the latest 3 business days before the date of the service. During this period of more than seventy-two (72) hours, the Customer has the option of reducing the number of participants indicated at the time of the initial booking within a limit of 10% or of increasing their number within the limit of the number of places available.
3.4 Payment may be made in cash (within the maximum of the regulatory limit), cheque (drawn exclusively on a bank domiciled in France), bank card, wire transfer or any other means of payment accepted by the Service Provider. At the time of payment by bank card, the Customer agrees to use only and personally the card of which he is the owner. In case of fraudulent use, the Service Provider’s responsibility cannot be engaged. The Customer shall indicate at the time of payment the number, the validity date and the cryptogram of his bank card.
Remote payment by bank card is fully securitised by SSL protocol and insured by an organisation specialising in online securitised transactions. Transmission of bank data takes place by securitised link and directly onto the Internet website of said organisation. In any event, non-availability of the electronic payment service can in no case dispense the Customer from its obligation to pay for the chosen Services.
3.5 Any delay in payment will, after the sending of a letter of formal notice, result in the invoicing of late payment interest exclusive of tax, equivalent to application of a rate equal to the rate of the European Central Bank, increased by 10 points. These penalties will be applied from the due date of the principal up to the date of actual payment in full.
A fixed indemnity compensating recovery costs of €40 will be automatically due by all professionals in the case of any delay in payment (Art. L.441-5 of the Commercial Code).
3.6 All services and overtime not provided for will be the subject of additional invoicing after the event.
Article 4 – Cancellation
4.1 Due to the Customer
In the event of total cancellation of the services:
- More than 30 calendar days before the date scheduled for the services, the Service Provider refunds to the Customer the amount already paid without claiming any other compensation.
- 29 to 10 calendar days before the date of the services: the Customer is liable for 50% of the total amount of the cancelled service;
- Less than 10 calendar days before the date of the services: the Customer is liable for total amount of the total amount of the cancelled service.
In case of partial payment of the reservation, the Customer will receive an invoice equivalent to the amount remaining due for the cancellation.
For special dates (14 February, 14 July, 24 December, 25 December, 31 December), cancellation will not be possible, and the Customer may not claim any reimbursement.
4.2 Due to the Service Provider
In case of partial or total cancellation of the scheduled service or its content caused by refusal of authorisation by the authorities or by any fact independent of the will of the Service Provider, the Service Provider refunds the Customer for the amount corresponding to the part of the Service not provided.
- If the cruise route changes: twenty per cent (20%) discount on the transport and chartering part of the service.
- If the vessel is unable to travel: thirty-five per cent (35%) discount on the transport/chartering part of the service.
In no event may the Customer claim payment of any costs, indemnities or damages which may be claimed in this respect, and the Customer will be responsible for organisation of the event at another venue.
Article 5 – Postponement of the event due to the Customer
5.1 Due to the Customer
In the event of a request from the Customer to postpone the event, for any reason whatsoever, the Service Provider may propose another date, set according to availability of the event venue in question.
In the event of postponement, the Service Provider shall collect from the Customer a compensation up to 25% (twenty-five per cent) of the total price net of taxes of the postponed service proportionally to the time remaining before said service.
In the event of unavailability of the event venue, the Service Provider reserves the right to propose a different site with a corresponding new quote.
If the parties do not agree, Article 4.1 relating to cancellation will be automatically applied.
5.2 Due to the Service Provider
In the event of a request from the Service Provider to postpone the event, for any reason whatsoever, the latter may propose to the Customer:
- another date fixed according to availability of the event venue in question,
- one of the Service Provider’s other venues available on the originally scheduled date under the same conditions.
In either case, the Service Provider shall grant the Customer, as compensation, a commercial rebate of up to 25% (twenty-five per cent) net of taxes of the postponed service proportionally to the time remaining before the date of the service. All upgrades constitute a commercial rebate.
Article 6 – Internal regulations
6.1 The Service Provider will do everything in its power to ensure that the Service is provided in the terms and conditions provided for in the booking.
In no event may the number of participants present at the venue exceed the venue capacity established for each venue.
6.2 Any equipment or items which may prove hazardous for customers or the Service Provider’s staff will be refused.
6.3 Proper dressing and respectful behaviour not prejudicial to the safety rules are required.
6.4 Anyone in breach of the above may be refused access or be removed from the venue where the Service is provided, without the option of being refunded the price paid, the Service Provider also reserving the right to take all measures that it deems fitting.
6.5 For more information, the Customer may have access, at any time, on request or on site, to the internal regulations of the venue where the Service is provided.
Article 7 – Confidentiality
The parties mutually undertake to keep the strictest confidentiality on all documents and information that are brought to their attention in the context of execution of the services.
Article 8 - Intellectual property
The Service Provider is owner of all intellectual property rights relating to the BATOBUS trademarks and to the website “https://www.batobus.com/”.
Accessible elements, notably in the form of texts, photographs, images, icons and sound, are also protected by intellectual and industrial property rights and other private rights. In no event may the Customer reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, using any means whatsoever, or use in any way whatsoever, all or part of the Service Provider’s trademarks without its prior authorisation. Use that has not been authorised beforehand, on any basis whatsoever, of all or part of the information may form the subject of any appropriate action, including an action for infringement.
Article 9 – Liability – Insurance
The Service Provider accepts no liability in the event of theft or damage caused to any kind of items or property (personal effects, hand luggage, equipment, etc.) belonging to the Customer or which are entrusted to it.
The Service Provider will invoice the Customer for any theft or damage to property or real property caused at the venue where the service is provided by itself or one of its participants.
In the event of failure to fulfil its contractual obligations, the Service Provider may not reimburse more than 100% of the service ordered.
The Service Provider declares that it has taken out insurance with a reputedly solvent company covering its civil operating liability for up to 8 million euros, and notably in the event of food poisoning.
Article 10 – Force majeure
The Service Provider or the Customer reserves the option of cancelling a service in the case of a force majeure event (fire, explosion, attack, natural disaster, flood, administrative restrictions, etc.). In this case, the down payment possibly made will be refunded without the Customer being able to claim any additional compensation.
Article 11 – Right of withdrawal
Under Article L .221-28(12) of the Consumer Code, the Customer may not exercise the right of withdrawal for the provision of catering services and leisure activities which must be supplied on a specified date or during a specified period.
Article 12 – Personal data
12.1 Processing activities carried out. The personal data communicated by the Customer are processed by computer by the Service Provider, notably in the context of execution and management of its contractual relationship with the Customer, its legitimate interest in improving the quality and operational excellence of the services offered to said customers or fulfilment of certain regulatory obligations. The processing of these data is carried out in compliance with Law no. 78-17 of 6 January 1978, currently in force and/or any other law or any other Community Regulation applicable (hereinafter “Personal Data Legislation”).
The Service Provider processes, collects and retains only the personal data communicated voluntarily by the Customer, such as: surname, forename, date of birth, contact details, nationality, bank details, etc., notably for the purposes of supplying the Services ordered, managing its contractual relationship with the Customer, sending offers for products and services offered by the Service Provider and/or its partners and producing statistics.
At the time of each booking, the Customer will be invited to fill out or complete a form on which some sections, marked with an asterisk, will be mandatory. In the absence of any response or if the information provided is incorrect, the Service Provider may decide not to process the Customer’s request. Other data are optional.
The Customer will guarantee the veracity and accuracy of the information provided by themselves or any other third party using their data in connection herewith.
12.2 Recipient of Data. Access to the personal data of Customers is granted only to those persons and services who are authorised to be aware of them in the context of the processing purposes mentioned above and/or provided such access is required by a statutory or regulatory basis, unless you tick the box expressly agreeing to receive offers and information from the Service Provider’s partners.
The Service Provider may share the personal data of Customers with authorised suppliers in order to carry out services on its behalf which may be situated in other countries. Before doing so, the Service Provider takes all necessary measures to ensure that the personal data of Customers benefit from appropriate protection as required by the Personal Data Legislation and its internal policies.
12.3 Period of retention. The Service Provider undertakes to retain and store the Customer’s personal data for a period which does not exceed the period necessary for the purposes for which they are collected and processed, and extended, where applicable, by the applicable statutory or regulatory periods of limitation.
12.4 Rights of the Customer. Under the Personal Data Legislation, the Customer has a right of access, rectification, removal, portability or to be forgotten in connection with the personal data concerning them, along with a right of restriction of the processing of their data and of objection to this processing for legitimate reasons. To exercise these rights, the Customer can contact us at firstname.lastname@example.org citing their full name and the purpose of their request. We may ask the Customer for additional information in order to identify them and be able to process their request. The Customer also has the right to issue specific or general instructions concerning the retention, erasure and communication of their data post-mortem.
If they are of the opinion that their rights are not being respected, the Customer has a right to file a complaint with the French data protection authority, the Commission Nationale de l’Informatique et des Libertés, via the following link: www.cnil.fr.
However, we would ask the Customer to send us any request beforehand, contacting us at the address given above so that we can process their request and reach an amicable solution.
For any queries or comments about this article, the Customer may contact us at email@example.com or contact our Global Data Protection Office at firstname.lastname@example.org.
12.5 Security. The Service Provider undertakes to guarantee the security and confidentiality of the personal data communicated and transmitted by the Customer in order to prevent them being distorted or damaged or any unauthorised third parties having access to them.
Article 13 - Receipt of notifications and newsletters
The Customer may, at any time and free of charge, ask us to stop sending advertising or commercial offers by contacting us directly at email@example.com or via the unsubscribe link included in any offer we may send to the Customer by email. This objection is without prejudice to the legality of any mailings sent out before implementation of that objection. Under Article L.223-2 of the Consumer Code, the User is informed of their right to register, free of charge, to opt out of receiving marketing calls (www.bloctel.gouv.fr).
Article 14 - Proof
It is expressly agreed that, barring an obvious error established by the Customer or by the Service Provider, the information stored in the latter’s information system has probative force. The information on computer or electronic media retained by the Service Provider constitutes evidence and, if it is furnished as evidence 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 that is drawn up, received or retained in writing.
Article 15 – Complaints
In the event of a complaint regarding the service, the Customer has the option of contacting the Service Provider by post at BATOBUS – Customer Service - Port de la Bourdonnais – 75007 PARIS – France or by email at firstname.lastname@example.org.
In the event of a dispute between the professional and the consumer, they shall make an effort to find an amicable solution.
Failing an amicable agreement, the consumer shall have the option to refer the matter, free of charge, to the Consumer Ombudsman with authority over the professional, i.e. the Association des Médiateurs Européens (AME CONSO), within one (1) year from the date of the written complaint sent to the professional.
Referral to the Consumer Ombudsman must be carried out:
- either by completing the relevant form provided on the AME CONSO website: www.mediationconso-ame.com;
- or by letter addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS – France.
This provision regarding referral to the Ombudsman does not apply to legal entities.
Article 16 – Applicable law – Disputes
This contract is governed by French law. It must be applied and interpreted in accordance with this law.
In the event of any dispute, the Customer will contact the Service Provider in order to find an amicable solution.
The Customer is advised that they may, in any event, resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sector-based mediation bodies or to any alternative dispute settlement method (conciliation, for example) in the event of any challenge.
On failure to reach an amicable agreement, the case will be brought before the courts with jurisdiction, it being stated that the deadlines in which to initiate proceedings are not interrupted during the period of seeking this amicable solution.
In the event of any dispute or challenge, the French courts alone will have jurisdiction and the French laws alone will apply. Disputes arising with our customers registered in the Companies Register will be submitted to the Commercial Court of Paris.
All the above clauses will be respected in full by each party.
Translated into English for information purposes only. In the event of a dispute, the French version shall prevail.
PART II – GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE www.batobus.com
The purpose of this section of the General Terms and Conditions of Sale and Use of the website www.batobus.com/ is to define the terms and conditions of availability of, access to and use of the Service Provider’s website, and said terms and conditions are enforceable on the Users.
For the purposes of this section, the terms defined below, both in the singular and in the plural, shall have the following meaning:
- “User”: anyone logging on to the website, such as the Customer, visitors, etc.;
- “Functionality”: services made available to the User on the website, as described below;
- “Services”: Services offered on the website mentioned in the Legal Notice.
Article 17 – Access to the Functionalities
Access to the Functionalities of the website is open to anyone browsing on the said site and is conditional on compliance herewith. The User is informed that they have the option of saving and printing these General Terms and Conditions of Use by using the standard functionalities of their browser or their computer. By using the Functionalities, the User acknowledges that it has obtained from the Service Provider all the necessary information about the Functionalities and that it accepts, unreservedly, the General Terms and Conditions of Use.
Any User undertakes, after acceptance of the General Terms and Conditions of Use, to comply with them scrupulously. Failure to comply with the General Terms and Conditions of Use engages the User’s liability and may entail immediate and automatic suspension, or permanent and automatic cessation of access to the website and to the associated Functionalities.
The User is responsible for the use they make of the information made available to them by the User in connection with the Functionalities and must take into consideration all notices featuring in these General Terms and Conditions of Use and on the website.
The conditions of access to and use of the Functionalities may be changed without prior notice by the Service Provider. Availability of each Functionality depends on the website and a User might therefore not have access to all or part of the Functionalities below.
Article 18 – The Functionalities
The website allows the User to access all or part of the following Functionalities:
18.1 Consulting information about the Services. This functionality allows the User to have access to information relating to the Services (e.g. times, descriptions and specific terms and conditions of the Services, information about products offered, etc.).
18.2 Booking. The User may book Services on the website. The terms and conditions of access and of functioning of the order for these Services feature on the website and herein.
18.3 Receiving notifications and newsletters from the Service Provider and/or its partners. Depending on the choices made at the time of booking, the User may receive commercial notifications where applicable and/or newsletters from the Service Provider and/or its commercial partners.
Article 19 – Website
19.1 Availability. Access to the website is open and free to any User with Internet access. All costs relating to access, whether costs relating to hardware, software or Internet access, are exclusively borne by the User. They alone are responsible for the correct functioning of their computer equipment and for their Internet access.
The website is, in principle, accessible 24/7 but certain Functionalities may have different hours of availability. The hours relating to the availability of the Services are defined in the specific terms and conditions applicable to the said Services.
The Service Provider may not be held liable either for the unavailability of the website in the case of operations relating to maintenance, testing, security or repair or of any other nature whatsoever.
However, the Service Provider reserves the right, without prior notice or compensation, to temporarily or permanently close down the website or access to one or more functionalities, notably in order to carry out an update, maintenance operations, or modifications or changes concerning operational methods, servers and hours of accessibility, without this list being exhaustive. The Service Provider also reserves the option of suspending, interrupting or bringing a permanent end to any access to all or part of the website in the event of force majeure, as defined by case-law or any other event beyond its control.
19.2 Anomalies – Malfunctions. The Service Provider does not guarantee that the website will be free from anomalies, errors or bugs, or that these can be rectified, or that the website will function without interruption or failure, or that it is compatible with particular hardware or particular settings.
19.3 Liability. In no event is the Service Provider liable for damage of any kind (including loss of profit or of opportunity, etc.) which may result from changes and/or a temporary or permanent, total or partial, unavailability of the website or of any Functionality. More broadly, except in the event of proof of wrongdoing on its part, the Service Provider is not in any event liable for damage of any kind (including loss of profits or of opportunity, etc.) which might result from the use of the website, such as, in particular, loss of data, intrusion, virus, suspension of service or fraudulent use of a bank card.
Article 20 - Cookies
In this particular case, the purpose of cookies is (i) to facilitate browsing on the website; (ii) to facilitate authentication of the User; and (iii) to measure website traffic.
It is pointed out that disabling cookies can prevent the use of or access to certain functionalities on the website.
The User has a right of access, erasure and amendment of their personal data communicated via cookies under the conditions set out in Article 13 above.
Article 21 - Hypertext links
The website may contain hypertext links to other sites present on the Internet. These hypertext links take the User to other websites, which means that they leave the Portal. The target sites are not under the control of the Service Provider who is not responsible for the content of these sites, the links they contain or the changes or updates made to them.
It is possible to create a hypertext link to third-party websites without the express authorisation of the Service Provider. In no event may the creation of a hypertext link on the Portal incur the Service Provider’s liability.
Article 22 - General provisions
The Service Provider reserves the right to change, at any time and without notice, all or part of this section of the General Terms and Conditions of Use. In this case, the applicable provisions will be those in force on the date they are put on line and will be enforceable on the date of use of the website by the User.
Translated into English for information purposes only. In the event of a dispute, the French version shall prevail.