GENERAL TERMS AND CONDITIONS OF SALE - VERSION FRANCAISE APRES
General operating terms and conditions of the company Peak Feeling.
Peak Feeling is a french registered travel agent (ATOUT France). Financial Guarantee with APST France. Public liability with HISCOX.
Société Peak Feeling – SARL (Limited Company) with a capital of 7.500 euros, registered address : Résidence Les Chaudes Almes – Appt 401 – Chemin de Maison Neuve – 73320 TIGNES – RCS CHAMBERY 888 080 629. Telephone : +33781757915
email : firstname.lastname@example.org
ATOUT FRANCE: Registered travel agent. Number IM073200010
Financial Guarantee Insurance with APST
Public liability insurance with HISCOX
Article 1 – Field of operation
Peak Feeling creates tailor-made holidays for their clients, notably reservation of accommodation and airport transfers as well as other services including childcare, ski lessons, ski hire and lift passes at no extra cost to the client.
Peak Feeling acts as intermediary between the client and the service provider.
Each element is treated separately with each service provider.
The main characteristic of the services provided will be submitted to the client before the confirmation of any booking.
The choice and the confirmation of services provided is the sole responsibility of the Client.
Article 2 – Orders
Order refers to the confirmation of a service accompanied by payment of a deposit.
The Client chooses the services that they would like to book from the services selected and proposed by Peak Feeling on their website according to the wishes of the Client.
The registration of an order is made when the Client accepts the sales terms and conditions of the Service Providers by ticking the box and submitting their booking request.
The Client has the possibility to verify the details of their order, the total cost and to correct any errors that might exist before confirming their order (article 1127-2 of the Civil Code).
The accuracy of the details given by the Client when placing their order are the responsibility of the Client.
The order will only be considered definitive when the service provider has accepted the order and the Client has been informed and after payment of the deposit according to the general terms and conditions of sale of the service providers.
All request for modification of the order must be made in writing and may bring about a modification of the cost of the order.
If the Client has any questions relating to the order, they can contact Peak Feeling via the following email address email@example.com
Article 3 – Service Provider tariffs and payment conditions
The tariffs are given in euros and include VAT applicable at the date of the order.
A bill in the name of the Client will be provided by each service provider.
Tourist tax at published rate currently between 0.99 euro per person per day and 2.48 euro per person per day depending on the size of the apartment will need to be paid on arrival in resort as well as accommodation deposits requested by the service providers.
All payments are made in Euros and Peak Feeling are not responsible for any losses or gains incurred as the result of exchange rate changes when being paid by the client or in the transfer of any agreed refunds by suppliers.
Article 4 – Absence of the right of retraction (article L121-28 of the Consumer Code)
In application of article L121-18 of the Consumer Code, in case of a contract concluded remotely, following telephone solicitation or not in a shop, the consumer has the right of withdrawal from the contract during 14 days.
However, article L121-21-8 of the Consumer Code states that this right of retraction does not apply to contracts : “12° Services including accommodation, other than residential accommodation, transport of goods, car rental, restaurant services or leisure activities which are to be provided at a date or at a defined period.”
In consequence, the Client has no right of retraction of his order. No cancellation and/or modification of the order, totally or partially will be accepted, other than by prior agreement of the service provider.
Article 5 – Responsibility of the Service Provider – Guarantee
All reclamation or request concerning the execution of the provision of services must be addressed directly to the Service Provider concerned.
Article 6 – Conventional conciliation
The Client is informed that they can in all cases seek conventional conciliation, notably at the Commission de la Médiation de la Consommation (Consumer Conciliation Commission) (Consumer Code article L612-1) or at other existing industry mediation bodies or by all alternative means of conflict resolution (conciliation, for example) in case of dispute.
Article 7 – Applicable Law – Language of the contract
By agreement between the parties, the present general terms and conditions of sale and the sales agreements between the parties are covered by French law.
They are written in French. Where they have been translated into one or several languages, only the French version of the terms and conditions prevail in case of litigation.
Article 8 – Protection of personal information
In application of the law 78-17 of 6th January 1978 modified by the law n° 2018-493 of 20th June 2018, you are reminded that the personal details asked of the Client are necessary for the treatment of their order and for the preparation of invoices.
These details are shared with Peak Feeling’s partners, that is to say with the Service Providers charged with the execution and treatment of the orders.
The treatment of the information communicated via our website meet the legal requirements in the matter of protection of personal information, the software system used assures optimal protection of this data.
The Client has the right of permanent access, right to modify, correct, and oppose portability of their personal data and to limit of the treatment of information concerning them as stipulated by national and European rules.
The personal data collected on the website is the following:
Creation of account
When a client account is created, the surname, first name, email address, and birth date of the Client are collected.
When the Client connects to the website, the site records, notably, the surname, first name, connection details, user details, localisation of the Client and details relative to the payment of the order.
The use of the services proposed by the website allow the site to create a profile which may include an address and a telephone number.
When payment of services is made via the website, the financial information relative to the bank account or the bank card of the user is logged.
Cookies are used on the website. The Client may deactivate the cookies via their navigator’s settings.
Use of personal data
The personal data collected from the Client is used for the provision of services by the Service Provider.
Sharing of personal data with third parties
The personal data may be shared with the Service Providers in the following cases:
When the client uses the payment services, for the implementation of these services, the internet website is in contact with the banks and third party financial services with which it has contracts.
When the Client publishes, in the comments section of the website, information that is accessible to the public;
When the website contacts their Service Providers in order to provide user assistance, publicity and payment services. These service providers have a limited access to user data, in order to execute the service required, and have a contractual obligation to only use the data under the rules applicable for personal data protection.
If the law requires it, the website may transmit personal data following requirements under judicial and administrative procedures.
If the website is involved in a procedure of merger, acquisition, asset sale or legal redress, it could be required to transfer or share all or part of its assets, including personal data. In this case, the users will be informed before any personal data is transferred to a third party.
Security and confidentiality
The website puts in place organisational measures, techniques, software and physical technologies to provide digital security in order to protect personal data against alteration, destruction and non-authorised access. However, it must be made clear that the internet is not an environment that is completely secure and the website cannot guarantee the security of the transmission or storage of data on the internet.
Execution of the rights of the users
In application of the rules applicable to personal data, clients have the following rights:
They can update or remove personal data by connecting to their account and going to settings;
They can remove their account by writing to the following email address: firstname.lastname@example.org Attention, the information shared with other users, like publication on forums, may remain visible on the website, even after removal of the account,
They may exercise their right to access to their personal data by writing to the following email address: email@example.com In this case, before the execution of this right, the website may ask for a proof of identity of the user for verification;
If the personal data held by the website or incorrect, they can ask for the information to be updated by writing to the following email address: firstname.lastname@example.org
The users may ask for the removal of their personal data, according to the applicable data protection laws, by writing to the following email address: email@example.com
Article 9 – Pre-contractual information – acceptance of the client
The Client agrees that they have received detailed, clear and understandable communication about the general terms and conditions of sale of the service provisions and all information referred to in article L221-5 of the Consumer Code, before making their order, in particular:
The essential characteristics of the provision of services;
The cost of the services and any additional costs;
If the services are not immediately supplied, the date or delay after which the service providers will provide the services ordered;
The information relative to the identity of the service providers, their address, telephone number and email address, and information about the activities if relevant.
The information relative to the legal and contractual guarantees and the modalities for putting them into action;
The possibilities of seeking conventional conciliation in case of litigation,
The information relative to the right of retraction,
The accepted means of payment.