Benefits on the site Guidesdecharme.com are offered by the company Guidesdecharme.com, SAS with a capital of 336 034.50 euros, registered Operators and Travel Packages under number LI 075 09 00 35.
Accordance with the law n ° 2009-888 of 22 July 2009 for development and modernization of tourist services and its implementing decrees n ° 2009-1650 and 2009-1552 of 23 December 2009, Guidesdecharme.com has insurance under policy number 0084048 HARCP, ensuring the financial consequences of civil liability and professional with the insurance company HISCOX - 12, quai des Queyries-33100 Bordeaux.
The company uses Guidesdecharme.com platform online booking Constellation Network, SAS with a capital of 52 308 euros whose registered office is located 230 rue James Watt to 66000 Perpignan, registered with the Register of Commerce and Companies Perpignan under number 452 146 343.
The platform allows MyConstellation the conclusion of contracts of sale of goods and services between clients and providers of tourist services.
Article 1 - Definitions
Provider: means a tourism establishment, hotel or guest house, referenced by the company Guidesdecharme.com
Customer means any person accepting the offer of a service
Platform MyConstellation: means the online booking system to book Constellation in real time and pay online tourism services
Price of the transaction: means the total price payable by the customer services, with more the price of the tourist service, optional charges, insurance, management and delivery of the voucher, defined as a lump sum at the excluding the tax amount which is defined separately.
Article 2 – Acceptance of the conditions of sale and use
These conditions of sale and use apply to all sales of tourist service performed on the site Guidesdecharme.com. The customer acceptance of these general conditions of sale and special conditions offered by the service provider tourist comes at a time of the order confirmation before payment online.
These conditions are an integral part of the sales contract. Their text can also be obtained on request from the company's headquarters Guidesdecharme.com.
The provisions of Articles L211-1 et seq R211-5 to R211-13 of the Tourism Code annexed to these general conditions apply to the sale.
Article 3 – Purpose of the transaction
These general and special conditions of use and sale are intended to define the technical, legal and financial institutions in which the client accesses the services of the site Guidesdecharme.com to reserve or order including the following services
- Booking hotel rooms
- Reservation of guesthouses
- Underwriting additional insurance services used
The customer declares to have full knowledge of the fact that the additional services offered by providers are not governed by these general conditions of sale so that providers are solely responsible for the execution conditions of these services.
Guidesdecharme.com society does not intervene as seller or as agent for the provision of additional services not listed in the catalog.
No liability can therefore be incurred by it, either at the initiative of the supplier or customer.
Article 4 – Placing orders online training of the sales contract
When ordering directly through the internet are on the website at the following address Guidesdecharme.com http://www.guidesdecharme.com/
The site is accessible 24H/24 and 7 days 7. However, the site may occasionally be technical maintenance operations, maintenance and update, causing its unavailability.
The information contained on this site relating Guidesdecharme.com including product details and the details of the order placed by the customer prior information are defined in Articles L211-8 and L211-9 of the Code of Tourism.
To order services, the customer must follow these steps:
1. Select the product that it wishes to benefit by using the search engine or the thematic and geographical research are made available on the site menu
2. Indicate the dates of booking, number of nights and number of people involved
3. Depending on the choices that are displayed, confirm the type of room he wants and the number of persons per room
4. Meet the mandatory booking form which is presented to identify the recipients of said benefits
5. Check that the entries on the summary sheet which services the customer wanted to benefit are consistent with their choices. The fact sheet includes information including prices, agency fees, the identification of the services ordered, the customer details and / or beneficiaries of services and modalities for delivery of documents. At this point, the client is free to correct any input errors.
Guidesdecharme.com society can not be held responsible for any typing errors the client and the ensuing consequences.
Guidesdecharme.com company is committed to use its best efforts to ensure that the summary sheet of the client is fully compliant with all data captured by it. However, the customer is informed that the computer problems beyond the control of the company Guidesdecharme.com may alter the transmission of this information. In the course where the scorecard is not consistent with the data entered by the customer, he belongs to his choice not to pursue his order and renew if necessary operations seizure or contact the customer service of the company Guidesdecharme . understand the number 0899 237 110 (1.35 € + 0.34 € / min)
6. Accept these general and special conditions of use and sale as well as general and special conditions of sale providers
7. To settle the price of the service in accordance with the procedure online payment indicated by the secure payment solution Ogone and HSBC implemented by the central reservation Constellation.
Validation of the order takes place upon confirmation of payment of the service by the customer. If, in the interval between operations, tourist services were reserved to be unavailable, the customer is prompted to renew its research and reservation request. Platform reservation Constellation operates in real time, reservations for overnight intervene only receiving confirmation of payment.
8. The company accuses Guidesdecharme.com receipt to the customer by e-mail as soon as possible, control and input. This confirmation email contains the elements of control such as identification of the particular product ordered, the payment of the price, quantity, dates of departure and arrival, the terms of surrender travel documents and any discount and discounts granted. A receipt of this email, the order is considered final and the contract to be validly concluded.
Article 5 : price
All prices are quoted in Euros (€) All taxes included (VAT). They should be checked at the time of booking request. The price paid by the customer for the controlled delivery is added the tourist tax and any additional services which are paid only at the place of stay, unless other provision of tourist service.
Except in cases of force majeure, the services ordered will not be any refund for any reason whatsoever, in case of cancellation of booking.
Cases of force majeure circumstances are characterized by unpredictable, irresistible and outside the recipient of the service specified in the Order Summary sheet
The customer's attention is drawn to the fact that the sale of hosting services to be provided on a date or at a given frequency does not benefit from the provisions of Article L121-20 of the Consumer Code concerning the right of withdrawal.
Article 6 : insurance and repatriation costs
No insurance is included in the price offered on the space reservation Guidesdecharme.com site. Therefore, it is recommended that the user take out an insurance policy covering certain particular case of cancellation for professional reasons as well as assistance contract covering certain specific risks, including repatriation in case of accident or illness.
Article 7 : financial conditions and payment
The prices of tourist services provided on the booking space are quoted in Euros (€) taxes (VAT) excluding local taxes and living expenses. They do not include supplemental benefits that the customer may subscribe directly appropriate to the tourist service.
Regulation of prices for services that the customer orders the service provider through space reservation is made with the Constellation network on behalf of the company Guidesdecharme.com when ordering by number of communication the user's credit card through the secure payment system Ogone HSBC (www.ogone.com). It will process the flow of the total cost of the tourist service records included in the order confirmation. The transaction on the customer's bank account will be visible under "CB Constellation."
Payments on the space reservation is done by credit card (cards Carte Bleue, Visa, Eurocard / Mastercard are accepted) through the HSBC secure payment system Ogone.
Article 8 : claims relating to pay and benefits
Any inquiry, accuracy and claims for payment of tourist services should be directed to the Constellation Network service client 230 James Watt Street - 66000 Perpignan later than 30 days after the end of the stay
- Either by registered letter with acknowledgment of receipt
- Or by fax to (+ 33) 4 68 68 65 29
- Or by mail to the following address: firstname.lastname@example.org
Claims will only be accepted insofar as the difficulties which they are subject have been reported to Constellation and Guidesdecharme.com during the trip so that it is trying to remedy is limited so that any adverse suffered by the customer or the recipient of the tourist service.
No claims will be accepted for loss, damage or theft of luggage, clothing, personal items or values which are exclusively under the supervision of the client during the stay.
Society and Guidesdecharme.com Constellation Network may in no opportunity to see their implementation responsibility in the circumstances mentioned in the preceding paragraph.
Article 9 : Responsibilities and guarantees
No warranty is given to the user in terms of :
- The absence of anomalies, errors and bugs liable to affect navigation on the space reservation or the implementation of any functionalities proposed on the space reservation;
- Or the possibility of correcting anomalies, errors or bugs
- Or absence of interruption or failure in the operation of the space reservation;
- Or incompatibility between the space reservation and materials or configuration specific customer
In any case, the Constellation and the network society Guidesdecharme.com not be liable for any direct or indirect, material or immaterial, foreseeable or unforeseeable, (including the loss of an opportunity or making a profit) resulting from supply and / or use or the total or partial inability to use the functionality of the space reservation.
The hyperlinks on the space reservation to return the user to other websites are only intended to facilitate user searches.
In any event, the client declares to know the characteristics and limitations of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and risks to the security of communications.
Article 10 : intellectual Property
The space reservation, its content and all constituent elements, are works for which Constellation Group companies and / or where applicable, its partners, hold the full intellectual property rights and / or exploitation rights, in particular under copyright law databases, trademark law and the right designs.
Space reservation and software, databases, remain the exclusive property of the group companies Constellation. Texts, information, analyzes, images, photographs, graphics, logos, or other information contained on this site are the exclusive property Guidesdecharme.com society Guidesdecharme.com. It is granted to the customer the right to use non-exclusive, non-transferable and in private, space reservation and data contained on the space reservation. The right consists in a right to consult online data and information on space reservation and a right of reproduction consisting of printing and / or saving consulted data and information. This right of use applies only for private use only and necessary for the realization of a tourist service for a given period.
Any other use of the space reservation, including commercial, the client is prohibited. The user agrees not to, without limitation, reproduction and / or representation for other than private use, sell, distribute, transmit, translate, adapt, disseminate or communicate wholly or partially in any form whatsoever every element, information or data of the reservation space.
In addition, the user agrees not to introduce, by any means whatsoever, data may change or affect the presentation space reservation.
Hyperlinks to the space reservation, regardless of the type of link must be prior approval of the Company in its capacity Guidesdecharme.com site editor Guidesdecharme.com.
The use of any software downloaded from the space reservation for accessing certain services or features is governed by the license terms accompanying. The user undertakes not install, copy or use the software until you have previously consented to the terms of said license.
For any Software not accompanied by a license is granted to the user a right of temporary use, private, personal, non-transferable and non-exclusive this software to power, to the exclusion of all other uses, access benefits and features that make use of this software required. By installing or using the software, the user agrees to comply with this condition.
Article 11 : Protection of personal data
Space booking has been duly declared to CNIL under the number (registration pending)
The information provided by the user on the space reservation can process and fulfill orders.
The collection and processing of personal data of the user from the site Guidesdecharme.com are made in accordance with the law n ° 78-17 of 6 January 1978 relating to data, files and freedoms referred to law "and freedoms, "as reformed by the Law of 6 August 2004.
Article 12 :law
The Parties undertake to make their best efforts to find an amicable solution to any dispute concerning the interpretation or execution of this Agreement.
Any dispute concerning a service provider tourist is subject to French law.
Article 13 : General
The fact that companies Guidesdecharme.com and / or Constellation Network does not prevail at a given time, any of the provisions of these terms and specific sales and use, shall be construed as a waiver to advantage later of those provisions.
In the event that any provision of these terms and conditions of sale and use be declared totally or partially null and void, that provision shall be deemed null and void, without this affecting the validity of the other provisions, unless the provision declared null and void was essential or decisive engagement of one of the parties.
Article 14 : Force majeure
Any force majeure suspends the obligations of these would be affected by the force majeure and hold harmless the party should perform the obligation thereby affected.
APPENDIX: Articles R 211-5 to R 211-13 of the Tourism Code
The prior information to the consumer binds the seller, unless in the latter the seller expressly reserves the right to modify certain elements. The right seller, in this case, clearly indicate how this modification may occur and any items. In any event, changes to the prior information must be provided before conclusion of the contract.
The contract concluded between the seller and the buyer must be in writing, in duplicate, one of which is delivered to the buyer, and signed by both parties. When the contract is concluded electronically, it is made under Articles 1369-1 to 1369-11 of the Civil Code. The contract must include the following clauses:
1° The name and address of the seller, its guarantor and insurer as well as the name and address of the organizer;
2° The destination or destinations of the journey and, where periods of stay, different periods and their dates;
3° The means, characteristics and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, level of comfort and its main characteristics and its tourist classification under the regulations or customs of the host country;
5° Benefits of proposed restorations;
6° The itinerary is a circuit;
7° The visits, excursions or other services included in the total price of the journey or stay;
8° The total cost of services billed as an indication of any possible revision of this billed under the provisions of Article R.211-8;
9° The indication if there's linker, royalties or fees for certain services such as landing taxes, embarkation or disembarkation at ports and airports, where taxes are not included in the price of the service or services provided;
10° The timing and terms of payment of the price, the last payment made by the buyer can not be less than 30% of the cost of travel and stay and must be made when submitting documents to the travel or the stay;
11° The particular conditions requested by the buyer and accepted by the vendor;
12° The manner in which the purchaser may make the seller a claim for nonperformance or improper performance of the contract claim must addressed as soon as possible by any means to obtain an acknowledgment of receipt to the seller, and the appropriate, notified in writing to the tour operator and the service provider concerned;
13° The deadline for informing the buyer in case of cancellation of the trip or stay by the seller in the event that the journey or stay is subject to a minimum number of participants, in accordance with the provisions of paragraph 7 of Article R.211-4;
14° The cancellation of the contract;
15° Cancellation policy provided for in Articles R.211-9, R.211-10 and R.211-11;
16° Details of the risks covered and the amounts guaranteed under the insurance contract covering the consequences of professional liability of the seller;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation signed by the buyer (policy number and name of the insurer) and those on assistance contract covering certain specific risks, including costs repatriation in case of accident or illness, in this case, the seller must provide the buyer with a document specifying at least the risks covered and excluded risks;
18° The deadline for informing the seller in case of transfer of contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the date fixed for his departure, the following information:
a) The name, address and telephone number of the seller's local representative or, failing this, the names, addresses and telephone numbers of local organizers may assist the consumer in case of difficulty or, alternatively, the number Appeals to establish urgently contact with the seller;
b) For trips and stays of minors abroad, a telephone number and an address to establish a direct contract with the child or the person's place of residence;
20° The termination clause and refund of the amounts paid by the buyer in case of non-compliance with the obligation of information referred to in Article 13 ° R.211.4;
21° The commitment to provide to the buyer, in good time before the start of the trip or stay, time of departure and arrival.
The buyer may transfer the contract to a transferee who fulfills the same conditions as him to make the trip or stay, as long as the contract has no effect.
Unless stated most favorable to the transferor, it is obliged to inform the seller of his decision by any means capable of producing a receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is subject, in any case, prior authorization from the seller.
When the contract provides explicitly for the possibility of price revision, within the limits laid down in Article L.211-12, it must state the precise calculation methods, both upward and downward price changes, including the amount of transportation costs and related taxes, the currency or currencies that may affect the price of the journey or holiday, the share price at which the variation applies, the price of the currency or currencies used as a reference when setting the price stated in current.
When, before the departure of the purchaser, the seller is forced to make a change to one of the elements of the contract such as a significant price increase and when disregards the obligation of information referred to 13 ° of Article R.211-4, the purchaser may, without prejudice to recourse in redress of possibly incurred damages, and after having been informed by the seller by any means to obtain an acknowledgment:
-Either terminate the contract without penalty and get immediate repayment of all sums paid
-Or accept the modification or the replacement journey offered by the vendor: an amendment to the contract specifying the changes made is then signed by the parties; any reduction in price is deducted from the sums due by the purchaser if payment already made by the latter exceeds the price of the modified service, the overpayment must be returned before the date of departure.
In the case provided for in Article L.211-14, when, before the departure of the purchaser, the seller cancels the trip or stay, he must inform the buyer by any means to obtain an acknowledgment of receipt, the purchaser, without prejudice to recourse in redress of possibly incurred damages, obtains from the seller and immediate refund without penalty payments, the buyer receives, in this case, compensation at least equal to the penalty that would have incurred if the cancellation was his on that date.
The provisions of this Article shall in no case form an obstacle to the conclusion of an amicable agreement subject to acceptance by the purchaser, a replacement journey or holiday offered by the vendor.
When, after the departure of the purchaser, the seller is unable to provide a significant part of the services provided in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following steps without prejudice to recourse in redress of possibly incurred damages:
-Either offer services in lieu of benefits provided bearing any extra cost, and if the services accepted by the buyer are of lower quality, the seller shall refund upon return, the price difference;
-Or, if it can not offer replacement services or if they are denied the buyer for valid reasons, provide the buyer, at no additional cost, securities to ensure his return in can be considered equivalent to the place of departure or to another place accepted by both parties.
The provisions of this Article shall apply in the event of non-compliance with the obligation laid down in paragraph 13 of Article R.211-4.
The provisions of Articles R.211 R.211-3-11 must necessarily be reproduced in brochures and travel contracts proposed by the persons referred to in Article L.211-1.
The buyer can not claim the benefit of the clause under 20 ° of article R.211-6 after the service has been provided.