General Sales Conditions (GSC)
1. Preamble
LA GROTTE NAPOLEON proposes to Internet users, through the website LA GROTTE NAPOLEON under the URL:http://lagrottenapoleon.fr/(hereinafter the “Site“), an offer of tourist, leisure, entertainment services, (hereinafter the “Prestation“) achieved by LA GROTTE NAPOLEON.
The actual General Sales Conditions (hereinafter “GSC”) fix the terms and conditions in which LA GROTTE NAPOLEON company (hereinafter “LA GROTTE NAPOLEON”) markets its service offer.
2. Booking process for services
The booking of services is made online on the Site. The procedure for placing orders on the site includes the following steps:
2.1 Selection on the Site by the Internet user among the dates and times proposed
Number of people who are a party to the service
The Internet user specifies the number of participants adults and children he wants to register for the Service. The Internet user undertakes to respet the age limit indicated in order to benefit from the child rate.
Availibility of services
– Proposed dates and schedules
LA GROTTE NAPOLEON strives to update as soon as possible the available services but it is very clearly said that LA GROTTE NAPOLEON cannot guarantee the availability of all services for all the dates and times offered. This is why, before concluding the contract and collecting the Internet user’s payment, LA GROTTE NAPOLEON carries out the verifications defined in Article 2.4 bellow,
As necessary, it is reminded that each Internet user is required to comply with the entry and residence formalities as well as any restrictions (health…) of the country in which the selected Service is performed.
Prices of Services
Unless otherwise indicated, prices include all taxes per person. Prices are given on the website in the currency Euro(€).
The prices displayed on the Site are subject to change without previous notice, and become final only after the conclusion of the contract.
2.2 Validation of the booking summary
A summary includes all information concerning the main characteristics of the Service:
. reservation date
. reservation schedule
. number of participants(adults, children),
as well as the price of the reservation.
If the Internet user has a promotional code,, he may enter it in the field provided for this purpose, then click on the button “APPLY THE PROMOTIONAL CODE” to benefit from it.
2.3 Customer information, payment and general sales conditions acceptance
Customer information
The Internet user undertakes to provide the information requested on the Site.
If the questions identified as requiring a mandatory answer from the Internet user are not answered, he will not be able to access the next step to create his account.
The Internet user undertakes to provide accurate information. In case of an input error, he must immediately inform THE GROTTE NAPOLEON through the contact form. LA GROTTE NAPOLEON cannot be liable for breaches due to erroneous information given by the Internet user.
Payment
Payment is made in euros (€), the payment is made by credit card. LA GROTTE NAPOLEON integrates a secure e-payment system(Stripe).Bank details are not registered on LA GROTTE NAPOLEON server but only on the payment system which complies with the current standard.
General sales conditions acceptance
The Internet user must then expressly accept these GSC to register his order.
2.4 Reservation processing and confirmation by LA GROTTE NAPOLEON
La GROTTE NAPOLEON will immediately deal with the Internet user reservation, a complete order is valid for validation of availability.
LA GROTTE NAPOLEON can then collect the corresponding payment.
An e-mail confirming the order and containing all information related to it, will be sent to the Internet user.
It is clearly specified that, as indicated in Article 3 below, the Internet user does not have the right of withdrawal for the services to be provided on a speficic date or period, reserved and confirmed, and that they may only be cancelled within the limits and under the conditions defined in Article 2.5 below.
2.5 Modification or cancellation of a reservation by the Internet user
Modification
The Internet user has the possibility to request a modification of his reservation.
Any request for modification should be sent to LA GROTTE NAPOLEON via the contact form, specifying the booking number, the name of the referring customer, the date and time. The request will be processed as soon as possible.
But it is clearly specified that LA GROTTE NAPOLEON is not required to accept such a request and can in no way guarantee availability for another date and/or another time.
Cancellation
The Internet user has the possibility to request the cancellation of his reservation.
Any request for cancellation should be sent to LA GROTTE NAPOLEON via the contact form, specifying the booking number, the name of the referring customer, the date and time. The request will be processed within 2 weeks.The date of the receipt of the request will determine the date of cancellation.
Cancellation fees that may be incurred by the Internet user are indicated in the description of each Service.
2.8 Service modification or cancellation by LA GROTTE NAPOLEON
As a result of an unexpected event, it may be necessary for LA GROTTE NAPOLEON to change the conditions and dates/times of some Services or even to cancel them.
In such a case, LA GROTTE NAPOLEON will then do its utmost in order to find the most appropriate solutions. The Internet user will receive a written confirmation and he will have to give his choice as soon as possible.
In case the Internet user is not satisfied with the new proposals of LA GROTTE NAPOLEON, the latter may request a full refund of the reserved Service from LA GROTTE NAPOLEON by expressing a request via the contact form, specifying the reservation number given to him. Requests will be processed within 15 days.
3. Withdrawal
In accordance with Article L 121-21-8, 12° of the Consumer Code, the right of withdrawal may not be exercised in respect of contracts for the provision of “accomodation services, other than residential accomodation, services for the transport of goods, car rental, catering or leisure activities which must be provided by a specified date or period.”
If the order concerns tourist services, leisure or entertainment which must be provided by a specified date or period, the Internet user therefore has no right of withdrawal.
4. LIABILITY AND CLAIMS HANDLING
4.1 Services falling within the scope of articles L.211-16 and L.211-17 of tourism code
It is clearly specified that the provisions (reproduced below) of Articles L.211-16 et L.211-17 of the tourism Code are applicable to Services falling within the scope of the application:
Article L.211-16 :
“Any physical or legal person who carries out the operations mentioned in article L.211-1 shall be liable ipso jure to the buyer for the proper performance of the obligations resulting from the contract, whether or not this contract has been concluded at a distance and whether or not these obligations are to be carried out by herself or by services providers,without prejudice to her right of recourse against them and within the limits of the compensation provided by international conventions by proving that the non -performance or improper performance of the contract is ascribable either to the buyer or is the unforeseeable and insuperable responsability of a third party foreign to the provision of services planned in the contract, or is a case of force majeure”.
Article L.211-17:
“Article L211-16 does not concern physical or legal persons for reservation or sale transactions, concluded at a distance or not, not included in a tourist package as defined in Article L.211-2, relating either to air tickets or to other transport tickets on regular lines.”
4.2
CLAIMS
The customer should first contact LA GROTTE NAPOLEON in order to find a friendly solution.The Internet user may report to LA GROTTE NAPOLEON by sending an email to grotte@lagrottenapoleon.fr or a letter through the Post Office; LA GROTTE NAPOLEON, 4 rue Saint Charles,20000 Ajaccio
Any letter correspondance relating to a dispute concerning a placed order or the performance of the activity, must be sent by a registered letter with
acknowledgment of receipt ,together with the supporting documents, to the following address:
LA GROTTE NAPOLEON
4, rue Saint-Charles
20000 Ajaccio.
All claims must be sent within 60 days from the completion of the activity. After this time has elapsed, no further claims will be accepted.
Pursuant to Article L.612 and L.616 of the Code resulting from Order n°2015-1300 on the out-of-court settlement of the consumer disputes, the customer may have recourse free of charge to the ombudsman with a view to a friendly resolution of any dispute arising from the non-fulfilment of one of his orders, by contacting the Mediation Center and friendly settlement Center of Judicial officers.
To do so, the customer must provide the proof that he has first attempted to resolve the dispute directly with LA GROTTE NAPOLEON by making a complaint in accordance with the terms and conditions set out in these current general sales conditions.
The customer is informed that the mediation does not include :
claims made by the customer to the customer department of LA GROTTE NAPOLEON
direct negotiations between the customer and LA GROTTE NAPOLEON
Attemps at conciliation or mediation ordered by a court of law in which the consumer dispute is pending
Proceedings brought by LA GROTTE NAPOLEON against the customer
The customer may also opt,at his own expense, to be represented by a lawyer or any other person of his choice.
5. Invalidity
If any of the provisions of these GCS are cancelled, this nullity shall not entail the nullity of the other GSC provisions which shall remain in force between the parties.
6. Applicable law/ competent jurisdiction
All contractual relations between LA GROTTE NAPOLEON and the Internet user, resulting from the application of the present GCS and any dispute
arising therefrom, of whatever nature, shall be subject in all respects to French law.Any dispute between LA GROTTE NAPOLEON and the Internet user arising out of the execution of these contractual relations shall be subject to the exclusive jurisdiction or French courts.
