General terms and conditions of sale
Online tourism services
Article 1 - Preamble
Article 1.1. Designation of the seller
FUNBREIZH, a SARL with capital of €25 000, whose registered office is located at 9 impasse de la Chapelle, 56 450 SURZUR, registered in the trade and companies register of Vannes under no. 511 272 247, Tel: 02 97 42 10 50 - Email: email@example.com
Registration in the register of travel and accommodation operators: IM056110008
Financial guarantor: the APST Association Professionnelle de Solidarité du Tourisme, 15, Avenue Carnot 75017
Professional civil liability insurer: Professional civil liability insurance: HISCOX contract no. HA RCP0242917 HSCOX FRANCE, 19, rue Louis le Grand 75 002 PARIS
Hereinafter referred to as "FUNBREIZH".
Article 1.2 Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the framework of the marketing by FUNBREIZH on its website https://www.funbreizh.com/ of tourist services provided directly by FUNBREIZH or by partner service providers, for consumers or non-professionals pursuant to the Consumer Code or travellers pursuant to the Tourism Code and who have the legal capacity to enter into binding agreements (hereinafter referred to as "the Customer(s)").
Article 1.3. Definitions
Customer: an individual who is a consumer or a non-professional pursuant to the consumer code, or a traveller pursuant to the tourism code, who concludes an agreement with Funbreizh within the framework of these general terms and conditions of sale.
Supply: travel service or tourist package pursuant to article L. 211-1 of the tourism code.
Online contract: contract concluded when purchasing services on the FUNBREIZH website.
Remote contract: any contract concluded between a trader and a customer, in the context of an organised remote sales or service provision scheme, without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of remote communication until the conclusion of the contract.
Durable medium: any instrument enabling the consumer or professional to store information addressed personally to him, to refer to it later for a period of time appropriate to the information’s intended purposes, and which allows the identical reproduction of the information stored (Article L. 121-16 of the Consumer Code).
Business and group services: All the services offered by Funbreizh for a company or association.
These services may include one, some or all of the following:
° Transfers by bus or train between 2 distant places
° Recreational, sporting and/or cultural activities, whether or not associated with means of transport such as coaches, cars, bicycles, electric or otherwise, segway, scooters ..., semi-rigid, sailboats and other watercraft, helicopters ...
° Accompaniment from one place to another or within the same space.
° Rental of closed and open spaces with marquees or tents
° Catering type food services in a third party space or in a restaurant.
° Accommodation in hotels, gîtes, camping, unusual places.
° Hosting of parties with DJ, audio and video equipment
° Provision of stands and presentation facilities
° Organisation of congresses with management of spaces, presentations...
Article 2 - Content and scope of application
These general terms and condition of sale apply automatically to the following services: packages, travel services (which may include: tourist accommodation, guided tours, activities, catering, transport and transportation, the provision of stands ...) sold online, from a purchase order or the signing of the contract proposed by Funbreizh and signed by the customer.
They apply to sales online or through other distribution and marketing channels.
Any order or immediate purchase implies unreserved acceptance of these general terms and conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller and are included in the booking contract.
The Customer declares that he has read and accepted these general terms and conditions of sale before his immediate purchase or the placing of his order, as well as the standard form if applicable.
Article 3 - Pre-contractual information
The Customer recognises having been informed, prior to placing the order and/or concluding the contract, in a legible and comprehensible manner, of these general and special terms and conditions of sale and of all the information listed in Article L. 221-5 of the Consumer Code and Article R. 211-4 of the Tourism Code.
The Customer further recognises having been provided with the form in application of the decree of 1 March 2018 "establishing the model information form for the sale of travel and holidays" appended to the contract.
Article 4 - Prices
Article 4.1. Final price and additional taxes
The final price is given in euros, inclusive of tax (including VAT) or exclusive of tax (excluding VAT), upon the signing of the contract. Until the contract is signed, public prices are subject to change. However, in some cases, additional costs may be paid directly to the service provider on site, including local taxes such as tourist tax in the case of holiday lets.
The price includes all services indicated in the contract: transport, accommodation...
In particular, it does not include any additional insurance that may be offered by FUNBREIZH, nor personal expenses.
It does not include the participants' drinks in the minibar of their hotel room and all other expenses not included in the contract signed between Funbreizh and the client.
Specific provision for hotels
The prices include room rental with or without breakfast, half board or full board. Unless otherwise specified, they do not include drinks with meals. When a guest occupies a room for two people alone, he will be charged a supplement called "single room supplement".
Article 4.2 Payment terms
The Customer guarantees FUNBREIZH that he has the necessary authorisations to use the payment method chosen by him when validating the contract. FUNBREIZH reserves the right to suspend all booking management and provision of services in the event of refusal to authorise payment by credit card by officially accredited bodies or in the event of non-payment of any sum due under the contract.
FUNBREIZH reserves the right to refuse to honour a booking from a Customer who has not paid in full or in part for a previous booking or with whom a payment dispute is being managed.
Payments made by the Customer will only be deemed final after effective collection of the sums due by FUNBREIZH.
The price is payable according to the schedule in the contract, generally with a 70% deposit at the time of booking. The balance shall be paid no later than 30 days after the start of the provision of services. For late bookings (less than thirty days before the start of the service) or if the contract so provides, the full price will be due at the time of booking.
Article 4.3. Price Review
FUNBREIZH agrees to apply the current rates indicated at the time of booking, subject to availability on that date, but reserves the right to change its prices under the conditions set out in this article, including after the booking.
Pursuant to article L. 211-12 of the French Tourism Code, the price may indeed be modified upwards or downwards after validation of the booking to take into account any changes to:
1. The price of passenger transport resulting from the cost of fuel or other energy sources;
2. The level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the performance of the contract, including tourist taxes, landing taxes or embarkation and disembarkation taxes in ports and airports ;
3. Exchange rates related to the contract.
The Customer shall be notified of any price increase in accordance with the preceding paragraph in a clear and comprehensible manner, with supporting documentation and calculations, on a durable medium, no later than twenty days before the start of the services.
Reciprocally, the Customer has a right to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay.
If the increase exceeds 8% of the total price of the package or travel service, the traveller may accept the proposed change, or request cancellation of the contract without paying a cancellation fee, and receive a refund of all payments already made.
Article 4.4 Means of payment
The following means of payment are accepted:
-Bank and postal cheques, payable at the place of performance,
-Cash within legal and regulatory limits,
-Payments on line on the site funbreizh.com or sites managed by Funbreizh.
Any bank charges will be charged to the customer.
Article 5 - Bookings
5.1 Online Bookings
If one or more services are booked online, the booking process is as follows:
The customer makes his purchases by adding the desired services to the "order basket". These services are clearly described, and the customer can ask for any details prior to his booking if necessary.
Before confirming his booking, the customer validates the services confirmed as well as the general terms and conditions of sale.
The booking becomes final after receipt of payment for the services booked.
Upon completion of the service, additional invoices may be issued in case of expenses not included in the ordered services and not paid directly to the service providers.
The customer then agrees to pay his invoices according to the terms and conditions defined on said invoices.
5.2 Remote offline booking
If one or more services are booked remotely offline, the booking process is as follows:
Funbreizh sends the customer a contract associated with the general terms and conditions of sale.
The booking becomes final only after the return of the signed contract and receipt of a deposit of 70% on the basis of the pro-forma invoice, before the deadline stated on the contract.
Article 6 - Specific provisions
In the case of accommodation, the client agrees to provide Funbreizh with the "rooming list" (named list of participants in the convention and the allocation of rooms) no later than 15 calendar days before the planned arrival date. The customer undertakes to vacate the rooms as agreed in the quote. Any delay beyond this deadline may result in the billing of an additional night at the public rate displayed.
The Client must confirm his choice of catering (menu, buffet, cocktail, ...) no later than 15 calendar days before the date of the event. Beyond that FUNBREIZH reserves the right to impose a choice in the category chosen by the Customer. It is specified herein that the catering not consumed within the framework part of a package cannot give rise to a reduction in the price and that it cannot be taken away by the Customer.
Incentive and team building
The customer is aware of the risks inherent to the practice of physical, recreational or sporting activities.
The customer, who is responsible for the participants, agrees to comply with the Highway Code, the rules of good conduct, not to be under the influence of alcohol or drugs during the incentive or team building activities in particular but also throughout the duration of the service. FUNBREIZH reserves the right to report, exclude or take the necessary measures in the event of a proven breach.
The participant may not then claim any reimbursement or compensation, this being deemed a wrongful cancellation on the part of the customer.
Article 7 - No right of withdrawal
Article L. 221-28 of the Consumer Code states that the right of withdrawal may not be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities that must be provided on a specific date or at a specific time. Article L. 221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages.
FUNBREIZH avails itself of this absence of right of withdrawal and indicates that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code.
The consumer or non-professional customer will have no right of withdrawal, just like the professional customer.
Article 8 - Amendments to the contract
Article 8.1. Modification at the initiative of FUNBREIZH
FUNBREIZH may unilaterally modify the terms of the Contract after its conclusion and before the start of the tourist service, without the Customer having a right to object, as long as the modification is minor and that the Customer is informed as soon as possible in a clear, comprehensible and visible manner on a durable medium.
If FUNBREIZH is forced to unilaterally modify one of the main features of the contract pursuant to article R. 211-4 of the French Tourism Code, or if it cannot meet the special requirements agreed with the Customer, or in the event of a price increase of more than 8%, it will inform the Customer as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium of:
If changes to the contract or the replacement service result in a reduction in the quality of the trip or stay or in its cost, the traveller is entitled to an appropriate price reduction.
If the contract is terminated and the Customer does not accept any other service, FUNBREIZH will refund all payments made by or on behalf of the Customer as soon as possible, and no later than fourteen days after the termination of the contract.
Article 8.2 Modification at the behest of the customer
Any shortened or unused stay attributable to the customer will not give a right to any refund.
FUNBREIZH makes a commitment to the customer only on the services sold.
FUNBREIZH cannot be held liable for:
-any service subscribed by the customer other than that invoiced by FUNBREIZH;
-any unilateral modification of the services at the behest of the client.
Article 9 - Termination of the contract
Article 9.1. Termination of the contract by the Customer
The Customer may terminate the contract at any time before the start of the service. For this cancellation to be valid, he must notify it by email or registered mail.
FUNBREIZH may then ask the Customer to pay a cancellation fee, according to the following schedule:
These cancellation costs will not be due if the contract is cancelled as a result of exceptional and unavoidable circumstances, occurring at or in the immediate vicinity of the destination and having significant consequences on the performance of the contract. In this case, FUNBREIZH will reimburse the full amount of the payments made, without, however, this entailing any additional compensation.
The customer’s attention is drawn to the fact that the presentation of a number of persons less than that for which the service has been booked, will be deemed a partial cancellation subject to the rules of compensation and reimbursement set out in this article, based on the number of missing passengers and according to the date of cancellation.
No increase in the number of participants, once the booking is final, may be made without the written agreement of FUNBREIZH.
Article 9.2. Termination of the contract by FUNBREIZH
FUNBREIZH may terminate the contract at any time before the start of the service.
In this case, FUNBREIZH will make a full refund of the sums paid by the Customer, minus the appropriate cancellation fees. This reimbursement shall be made no later than fourteen days after the termination of the contract.
The Customer will be entitled to additional compensation, which corresponds to that which would have been payable to Funbreizh had the Customer terminated the contract, pursuant to article 8.1 of these general terms and conditions of sale.
However, FUNBREIZH will not be liable for any additional compensation if the contract is terminated in the following two cases:
1) The number of persons registered for the trip or stay is less than the minimum number indicated in the contract. In this case, FUNBREIZH will notify the Customer of the termination of the contract by email or by post within the period set out in the contract, according to the following schedule:
-Thirty days before the start of the trip or stay in the case of trips lasting more than six days;
-seven days before the start of the trip or stay in the case of trips lasting between two and six days;
-forty-eight hours before the start of the trip or stay in the case of trips lasting not more than two days);
2) FUNBREIZH is prevented from performing the contract due to exceptional and unavoidable circumstances. In this case, FUNBREIZH will notify the traveller of the cancellation of the contract by email or in writing as soon as possible before the start of the trip or stay.
Article 10 - Assignment of the contract
Article 10.1. Possibility for the Customer to assign his contract
The Customer may assign his contract to an assignee who meets the same conditions as him to make the trip or stay, as long as this contract has not yet taken effect.
Article 10.2. Notice to assign the contract
The Customer may only assign his contract if he informs FUNBREIZH of his decision by any means that allows acknowledgement of receipt no later than seven days before the start of the trip. Under no circumstances may this assignment be subject to prior authorisation from the organiser or retailer.
Article 10.3 Joint and several liability of the assignor and the assignee
The assigning customer and the assignee are jointly and severally liable for the payment of the balance of the price and any additional costs that the assignment may entail.
Article 10.4 Cost of the assignment
The assignment is free of charge vis-à-vis FUNBREIZH, except for costs incurred with duly justified sub-contracted providers.
Article 11 - Legal guarantee of compliance
Article 11.1. Principle
FUNBREIZH is the sole guarantor of the compliance of the services with the contract. A non-professional or consumer Customer may make a claim under the legal guarantee of compliance provided for in Articles L. 217-11 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code.
This guarantee covers non-compliances or latent defects resulting from a defect in the design or performance of the services ordered under the conditions and according to the terms and conditions defined in the annex to these general terms and conditions of sale.
Article 11.2 Implementation of the legal guarantee of compliance
The consumer or non-professional Customer must inform FUNBREIZH of any defects and/or lack of compliance as soon as possible after the services have been provided, pursuant to article L. 211-16 II of the French Tourism Code. This notification must be made no later than 30 days after the end of the date of provision of the services and by registered letter with acknowledgement of receipt.
The defects and/or faults encountered will give rise to rectification, substitution, a price reduction or reimbursement as soon as possible, taking into account the scale of the non-compliance and the value of the travel services concerned.
If FUNBREIZH offers a replacement service or a price reduction, the traveller may only refuse the other services offered if they are not comparable to those provided for in the contract or if the price reduction granted is not appropriate.
FUNBREIZH's guarantee is limited to the reimbursement of the services actually paid by the consumer or non-professional Customer, and FUNBREIZH shall not be held responsible or liable for any delay or non-performance resulting from any force majeure.
Cost limitations do not apply to the disabled, carers, pregnant women, unaccompanied minors and persons requiring specific medical assistance.
Article 11.3 Seller's contact details
Pursuant to article R 211-6, 4° of the French Tourism Code, the Customer may promptly contact FUNBREIZH at the contact details given in article 1.1 "Designation of the Seller" of these general terms and conditions of sale, to communicate with it effectively, request assistance if the Customer is in difficulty or complain about any non-compliance observed during the provision of the trip or stay.
Article 12 - Intellectual property
All technical documents, products, drawings and photographs given to buyers remain the exclusive property of FUNBREIZH, the sole owner of the intellectual property rights to these documents, and must be returned to it at its request.
Customer Purchasers agree not to make any use of these documents that may infringe the supplier's industrial or intellectual property rights and undertake not to disclose them to any third party.
Article 13 - Protection of personal data
Article 13.1. Data collected
Within the framework of its activity of selling Tourist Stays and Services, the Vendor implements and uses personal data processing relating to Customers and Beneficiaries. In this respect FUNBREIZH may collect your personal data such as: First and last names of the participants, email addresses, postal addresses...
In addition, when paying for services on the Internet, FUNBREIZH records financial data relating to the user's bank account or credit card.
Article 13.2. Purpose
The collection of this personal data is essential for the performance of the contract and in the event of refusal to provide it, the Customer may encounter difficulties in the provision of the service which will not give rise to any liability on the part of FUNBREIZH.
This personal data is collected for the exclusive purpose of managing the Vendor's Customers in the framework of the conclusion of the contract and its performance, on the basis of your consent. It is only used for the purposes the Customer has consented to.
Article 13.3. Persons authorised to access the data
The following persons are authorised to access the data collected within FUNBREIZH:
The Management and employees of Funbreizh and the service providers involved in the service when necessary.
Article 13.4. Retention of Data
The personal data collected is kept for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.
Personal data relating to the Customer's bank card is kept exclusively for the time required to complete the transaction.
FUNBREIZH implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and FUNBREIZH cannot guarantee the security of the transmission or storage of information online.
FUNBREIZH has enshrined the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data in a document called the Privacy or GDPR policy, which can be accessed at the following address: RGPD@funbreizh.com and on request from FUNBREIZH.
Article 13.5. Rights of the data subject
Pursuant to regulations applicable to personal data, each user has the right to question, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his personal data. It may be requested that this data be rectified, completed, clarified, updated or deleted.
These rights can be exercised by writing a signed letter to the data protection officer, to Mr Jean-Vincent PETIT, Service RGDD, 22 Grande rue 56 450 SURZUR France or by e-mail to RGPD@funbreizh.com, enclosing a copy of your identity document with your request.
The Customer may at an time submit a claim to the CNIL according to the terms and conditions indicated on its website (https://www.cnil/fr).
Article 13.6. Modification of the clause
FUNBREIZH reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, FUNBREIZH undertakes to publish the new version on its website, and will also inform users of the change by e-mail, at least 15 days before the date of effect.
Article 14 – Contract language
These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 15 - Insurance
The Customer agrees to hold and be up to date with his civil liability insurance to cover any damage he may cause.
No insurance is included in the price of the services.
Article 16 - Minor children
Where minors, unaccompanied by a parent or other authorised person, are travelling under a contract for tourist services including accommodation, the person responsible for the minor must, for the conclusion of the contract, provide information enabling direct contact to be established with the minor or the person responsible for the minor at the minor's place of residence.
Article 17 – FUNBREIZH’s Liability
Article 17.1 – Ex officio liability
FUNBREIZH bears ex officio liability for the tourist services contracted under these general terms and conditions of sale.
However, FUNBREIZH may exempt itself from all or part of its liability by proving that the damage is attributable either to the Customer or to a third party not involved in the provision of the travel services included in the contract and is of an unforeseeable or unavoidable nature, or to exceptional and unavoidable circumstances.
Both the organiser and the retailer are responsible for the proper provision of all travel services included in the contract pursuant to article L. 211-16.
Article 17.2. Limitation of FUNBREIZH’s liability
Pursuant to L 211-17, IV of the French Tourism Code, the amount of any damages that Funbreizh may be ordered to pay to the Customer for any reason whatsoever, will be limited to three times the total price excluding taxes of the services, with the exception of personal injury and damage caused intentionally or through negligence.
Article 18 - Exceptional and unavoidable circumstances
Any events which create a situation beyond the control of both the business and the traveller, whose consequences could not have been avoided even had all measures been taken preventing the normal performance of their obligations, shall be deemed grounds for exemption from the obligations of the parties and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 19 – Assistance to the traveller
FUNBREIZH is responsible for the proper provision of the services provided for in the contract. In this framework, if the Customer encounters difficulties, FUNBREIZH will provide appropriate assistance as soon as possible, taking into account the circumstances of the case.
Article 20 - Accessibility
Despite our best efforts, some services are not accessible to people with reduced mobility. "As a matter of principle, everything is accessible to PRMs unless specified in the brochure/contract.
Article 21 - Settlement of disputes
Article 21.1 Applicable law
These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. The same applies to substantive rules and procedural rules. In the event of a dispute or claim, the Customer shall first contact FUNBREIZH to obtain an amicable solution.
Article 21.2 Mediation
The Customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
The Customer may therefore contact the Tourism and Travel Mediator (MTV) at BP 80 303 -75 823 Paris Cedex 17 or on his website www.mtv.travel
Article 21.3. Online sales
Where the service has been purchased online by the Customer, the Customer is informed that, pursuant to Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer has the right to file a complaint and select a dispute resolution body on the following website:
Article 21.4. Jurisdiction
All disputes that the purchase and sale transactions concluded pursuant to these general conditions of sale could give rise, concerning their validity, interpretation, performance, termination, consequences and consequences and which cannot be resolved amicably between the seller and the Customer, will be submitted to the competent courts under the conditions of common law.
Article 21.5. Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
SPECIAL PROVISIONS FOR BOAT HIRE
Within the framework of services including boat hire, it is understood that FUNBREIZH will provide Capitaine 200 skippers on each boat. The customer must have the necessary knowledge and experience to board and sail a boat.
SPECIFIC EXHIBITOR RULES