General Sales Conditions

1. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These conditions apply to the online booking and sale of guided tours, leisure activities, tickets for shows, events and store items on the Gujan-Mestras Tourist Office website. The User expressly acknowledges that the Services ordered and/or booked via the Site may be subject, in addition to these General Terms and Conditions of Sale, to the general or special terms and conditions of the Partners supplying the Services ordered or booked, of which the User will have taken cognizance prior to any purchase. Unless otherwise specified, the Services are intended for individuals. Children must be accompanied by at least one adult.

2. DEFINITIONS

Capitalized terms have the meaning given below, whether used in the singular or plural.

– OT refers to the Gujan-Mestras Tourist Office.

– User means any person who orders and/or purchases one or more Services on the Site.

– Item means any article sold in the Tourist Office store.

– Service means any service provided by a Partner or the Tourist Office that can be ordered or booked online on the Tourist Office website.

– Site means the Tourist Office website.

– Partner means the supplier(s) of the Services.

– Vendor refers to the Partner selling the Services.

– Customer means the end consumer of a service ordered on the Site.

– Force Majeure means an event such as a natural disaster or a major political event, which proves to be, in the light of these circumstances, unforeseeable, irresistible and external, and which is thus accepted as such by the case law of the Cour de Cassation (French Supreme Court).

3. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

The User purchasing on this Site acknowledges having the capacity to contract under the conditions described in these General Terms and Conditions of Sale, i.e. being at least 18 years of age, being legally capable of contracting and not being under guardianship or curatorship.

The User attests to the truthfulness and accuracy of all the information he/she communicates when placing an order.

By booking, the User agrees to assume full and complete financial responsibility, including when acting on behalf of other persons who have authorized the User to book for them. In this case, the said persons are jointly and severally liable for payment of the Services booked on their behalf. It is the User’s responsibility to inform these persons of the present General Terms and Conditions of Sale, specifying that they are applicable to them.

The purchase of a Service implies full acceptance by the User, in his own name and on his own behalf, but also on behalf of all persons benefiting from the order, of these General Terms and Conditions of Sale and unreserved acceptance of all their provisions.
The User is hereby informed that the terms and conditions of sale of the Service Providers, which may be consulted prior to booking confirmation, are also applicable to the provision of the Services, under the same terms and conditions as these General Terms and Conditions of Sale. The act of purchasing and/or booking implies unreserved acceptance of all the Partners’ specific General Terms and Conditions of Sale.

4. CONDITIONS OF USE OF THE SITE AND ONLINE BOOKING

The purpose of the Site is to offer ticket sales (guided tours, shows) and, subsequently, the sale of souvenir products.

The online sales solution implemented on our website is the property of Welogin, which secures the data.

Any order placed and paid for via the Site implies the User’s prior, full and unreserved acceptance of these General Terms and Conditions of Sale or of the general terms and conditions of the Partners by ticking the appropriate box. Without this acceptance, it is technically impossible to continue with the order process.

The characteristics of the Services that can be ordered are shown on the Site. However, the photos presented are not contractually binding. By placing an order, the User implicitly acknowledges having obtained all the information concerning the nature and characteristics of the Service.
The reservation made is valid only for the date and/or period and the Service chosen by the customer at the time of ordering. Once payment has been made, the order is firm and cannot be modified or cancelled by the User.
On this Site, the Tourist Office does not guarantee the User the absence of anomalies, errors or bugs likely to affect navigation or the correct operation of a proposed function, nor the absence of interruption or breakdown when using the site.

The OT cannot be held responsible for the content of sites to which the User is referred via hypertext links, the sole purpose of which is to facilitate the User’s research. Third-party sites to which users are referred are solely responsible for the information published on their sites, and for the processing of personal data of users accessing these sites.

5. SELLERS

The Vendors present on this site are either activity providers, private providers or associations, clearly identified by the Tourist Office.
All meet legal obligations and are known to the Tourist Office. The partner is clearly identified when the booking is confirmed. Each partner remains responsible at all times for the precision, completeness and accuracy of the descriptive information concerning him or her displayed on the Site.

6. FINANCIAL CONDITIONS AND ONLINE PAYMENT

The prices of Services mentioned on the Site are expressed in euros and include VAT. They include VAT applicable on the date of the order. They do not include shipping costs where applicable, in particular for the boutique.

Economic fluctuations may lead to changes in prices and Services, for which OT cannot be held responsible. However, Services will be invoiced on the basis of the rates in force at the time the order is registered. Online payment on the Site is secured using the https standard. >> More info

7. PROOF

It is expressly agreed that, except in the event of a manifest error on the part of the Vendor which the User can prove, the data stored in the reservation system has evidential value with regard to orders placed by the User. Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same probative force as any document drawn up, received or kept in writing.

The Services provided to the User are those listed in the order confirmation email, in accordance with the content of the Services as described on the Site at the date of the order. The OT advises the User to check his/her e-mail inbox, and in particular his/her junk mail. For those who have protection on their e-mail address, the following address should be authorized: boutiquegujanmestras@terraostra.com

8. RIGHT OF WITHDRAWAL

In accordance with article L.212-20-4 of the French Consumer Code, the 14-day right of withdrawal does not apply to contracts for leisure services to be provided on a specific date or for a specific period. Consequently, and in accordance with legislative provisions, no request for reimbursement following a distance sale can be taken into account once the reservation has been validated.

For the online store, however, you have 14 working days in which to return the order in its original packaging for exchange or refund, at your own expense.

9. INSURANCE

Unless otherwise specified, no insurance (cancellation, civil liability, assistance, repatriation) is included in the price shown on this site.

10. LIABILITY AND GUARANTEES

Transactions carried out via the website are the sole responsibility of the Customer’s relationship with the Seller.
The User acknowledges that, acting solely as an intermediary, the Tourist Office cannot under any circumstances be held liable for information communicated by the Partner, nor for contracts for Services that the User has concluded with the Partner, with the exception of the sale of a product directly created by the Tourist Office.

11. PERSONAL DATA

The personal information communicated by the User, including the number, name and address associated with the credit card, on the Website is used to process and execute the User’s orders. This information is encrypted to prevent it from being read when transmitted over the Internet.

In accordance with the French Data Protection Act of January 6, 1978, customers have the right to access, rectify and object to personal data concerning them. To exercise this right, simply send a request by e-mail to our contact form, indicating your surname, first name and address.

12. CLAIMS

Despite all the care taken in organizing the Services offered, the User may submit a complaint. In the case of services sold by the Tourist Office, the User shall send the complaint to the Tourist Office.

13. APPLICABLE LAW – DISPUTES

All provisions of these General Terms and Conditions of Sale are governed by French law. The Vendor and the Customer shall endeavor to settle amicably any dispute arising between them in connection with the performance of the distance selling contract concluded.

In the event of a dispute, and failing agreement between the 2 parties, the Customer may refer the matter either to one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or to the court for the place where the Customer resided at the time the contract was concluded or at the time the harmful event occurred.

Special conditions for activities and ticketing

Reservations made on the Site are made with the Tourist Office and are established for a defined number of people. The offers proposed by the Tourist Office are valid subject to availability. In order to benefit from a reduced rate, the User must be in possession of proof of entitlement, which may be required when checking Tickets.

1. PAYMENT

All Services must be paid for in full by the User at the time of booking. Payment will be made by credit card only. Tickets remain the property of OT until full and final payment has been received.

2. DATES, TIMES, AVAILABILITY, DURATION OF SERVICES

Tickets that can be ordered on the Site are generally subject to a specific validity period or for a specific date. By definitively confirming his/her order on the Site, the User acknowledges that he/she is fully aware of the date or period of validity applicable to his/her order. Any ticket not used by the stipulated date or during the stipulated validity period will not be refundable.

The Services offered on the Site take place on the dates and at the times indicated. Participants are advised to arrive at least fifteen minutes before the scheduled time. The location is specified for each Event. The duration of the Event may vary slightly depending on the number of participants and the level of interactivity between the participants and the Partner.

The times indicated must be respected in order to guarantee the smooth running of the Event. The various Providers are not obliged to wait for a late participant. No reimbursement will be made in the event of late arrival or late arrival at the Event.

In the event of unforeseen closure of a Partner, the Tourist Office cannot, under any circumstances, be held responsible for the non-fulfilment of a Service which is not due to its own fault.

3. USE OF TICKETS

Tickets are valid only for the Event booked, and for the date and time specified. They must be presented on arrival, and kept for the duration of presence at the Event. Access to the Event is no longer guaranteed after the specified start time, and no refund will be given. No duplicate tickets will be issued, even in the event of loss, theft or damage.

Users arriving without a ticket will be refused access to the Event (even free participants, such as young children, must have been notified when the order was placed).

4. TICKET PRINTING

In order to be valid, tickets, also known as “e-tickets”, must be printed on a blank white A4 sheet. The User may print his ticket in black and white or in color.
It is impossible to be admitted several times with the same ticket. Each purchase will give rise to the creation of a ticket containing a digital code in the form of a barcode. It may be checked at the entrance to the venue where the Event is taking place. Each ticket may only be presented once at the checkpoint. Reproduction of tickets is forbidden. Only the first person to present the ticket will have access to the Event. This person is presumed to be the legitimate ticket holder.

The Partner may refuse access to the Event if several printouts, reproductions, copies or imitations of a printable ticket are in circulation and access to the Event has already been granted to the holder of a corresponding printout. In particular, the Partner is not obliged to verify the identity of the person presenting the printable ticket enabling the purchaser to be identified. The Partner is also not obliged to check the authenticity of the printable ticket insofar as the imitation or copy cannot be unmistakably identified as such at the entrance control. If the holder of a printable ticket is refused entry for this reason, there is no right to reimbursement.

5. MODIFICATION, CANCELLATION

By the customer

Tickets are non-refundable, even in the event of loss or theft, and cannot be returned or exchanged, except in the event of cancellation by the organizer. In this case, only the ticket price will be refunded. This refund will only be made to the original purchaser against return of the ticket. In all cases, no additional costs of any kind whatsoever will be reimbursed or compensated.

Furthermore, in the event of interruption of the Event by the Customer or the Customer’s failure to appear at the Event, no refund will be made.

On the seller’s part

If, before the scheduled start date of the Event, the Tourist Office or one of its Partners is obliged to make a change to one of the essential elements of the Event, the Customer may, after having been informed :

-either cancel the reservation and obtain a refund of the sums paid, without penalty.
-accept the change to the services offered.

If the Partner is obliged to cancel the Event, the customer will be offered a postponement of the activity.
The Partners may be obliged to cancel any reservation in the event of force majeure and/or to change the date. This also applies in the event of strikes, closure of establishments, climatic conditions (bad weather, storms, etc.), hydrological conditions (floods, etc.) and geographical conditions. If a postponement is not possible, the customer will be reimbursed in full.

Insufficient numbers of participants for certain Services may be a valid reason for cancellation. In this case, the Tourism Office or Partner will reimburse the full amount paid. This eventuality cannot occur less than 24 hours before the start of the Event.
Events not organized by the Tourism Office are the sole responsibility of the organizer. Under no circumstances can the Tourist Office be held responsible in this case.

In the event of cancellation or modification of the date, time or place of an Event for which the User has made a reservation, the User accepts that the Tourism Office may use the contact details entered at the time of reservation to keep the User informed of the procedure to be followed, provided that the Tourism Office has itself been informed by the Partner.

6. RIGHT OF WITHDRAWAL

In accordance with article L.221-28 of the French Consumer Code, the 14-day right of withdrawal does not apply to contracts for leisure services to be provided on a specific date or for a specific period. Consequently, and in accordance with legislative provisions, no request for reimbursement following a distance sale can be taken into account once the reservation has been validated.

Secure payment

Payment for services is made online at the time of booking by credit card, using the site’s secure system. Please note that any payment by credit card triggers a systematic request for debit authorization or authorization by bank imprint without debit… The site uses the Payzen system for online security, and you will receive confirmation of your order and payment in your e-mail inbox.

Information on the European Payment Services Directive PSD2

A new European directive regulates payment services and payment service providers in force in the European Union (EU) and the European Economic Area (EEA) in September 2019.

The 3-D Secure system enhances the security of credit card payments over the Internet. It enables customers to confirm electronic payments by means of a password, one-time code or fingerprint. The authentication process depends on your bank. Many banks offer a cell phone application or a telephone box system for issuing a single-use code. Fraudsters can therefore no longer make purchases on the Internet using stolen credit card data such as the card number or visual cryptogram.

To make other payments on our site without having to authenticate each time, you can add Office de Tourisme de Gujan-Mestras to your white list, which lists trusted beneficiaries and will be kept by your bank. You can check with your bank whether your card issuer allows this.

What is PSD2?

The European Payment Services Directive (PSD2) applies to all digital payment methods. The exact process for the new authentication method depends on your bank, and cannot be changed by the online store you visit. This process is designed to further protect users when using online payment services, and to prove that the credit card payment is indeed initiated by the cardholder. So online payment is even safer for customers!