General Terms and Conditions of Sale of Marketplace
You are currently connected to the booking site of CityVision SAS (hereinafter “CityVision”).
In accordance with the law, we urge you, in your capacity as user (hereinafter the “User”) to review these general terms and conditions of sale (hereinafter the “Terms and Conditions”) as well as any specific conditions appearing on the pages of the Website governing your use of the website www.pariscityvision.com (hereinafter the “Website”) and your relationship with CityVision.
Pariscityvision.com belongs to the CityVision SAS group, whose registered office is located at 83, Boulevard de Sébastopol – 75002 Paris, entered in the Paris trade and companies register under number 421 197 005.
- Travel agent registration number IM075120024.
- Financial guarantee with the APS (15, avenue Carnot, 75017 Paris).
- Professional liability insurance for travel agencies (article 6 of decree no. 94490 of June 15, 1994): MMA IARD Assurances Mutuelles / NP0212160011507
These Terms and Conditions are more specifically related to your legal rights and responsibilities applicable as soon as you use the Website to place orders for offers of tourism, leisure, and entertainment services (hereinafter “Services”) provided by independent partner service providers of CityVision (hereinafter “Partners”) and specifically identified as such on the Website.
CityVision is thus not the seller of Services purchased through the Website; only the Partner, whose name is indicated on the description sheet of each Service, is the User’s co-contracting party for the purchase of those Services.
Any booking of Partner Services on the Website implies full and complete acceptance of these Terms and Conditions and the payment of the sums due for the bookings made.
These Terms and Conditions may be amended and updated at any time, without notice. It is imperative for the User to consult the Website regularly. Updates apply once they are posted on the Website. However, such changes shall not apply to orders previously accepted by the Partners and confirmed by CityVision.
USE OF THE WEBSITE
The Website is made available to you free of charge (excluding connection charges) for your personal use, subject to compliance with the terms and conditions set out below. Your use of this Website implies your full and complete acceptance of all of these Terms and Conditions.
Your use of the Website is intended for non-commercial use and/or to make legitimate requests to book offered Services. You agree not to use the Website to make speculative, false, or fraudulent requests. You agree not to use robots or other automated means to access the Website, except with special permission from CityVision.
The role of the Website is to assist the User in searching for travel and tourism Services and making the appropriate bookings. The User must be at least 18 years of age, be legally capable of entering into a contract, and use this Website in accordance with the Terms and Conditions.
You may use the Website only to make bookings or purchases for legitimate purposes. No use or diversion of purpose is authorized, particularly for purposes contrary to public policy or good morals.
If you fail to comply with these requirements, we reserve the right, at any time and without notice, to prohibit you or restrict your access to all or part of the Website, without prejudice to all damages.
Except in case of fraud, for which you have the burden of proof, you are financially responsible for all actions taken on the Website, particularly the use of your e-mail address and password. You also guarantee the truthfulness and accuracy of the information about you provided on the Website.
All copying, reproduction, new publication, downloading, sending on the Internet, broadcast, transmission, provision to the public, or uses of the Website’s content (text, images, URL, pricing information, etc.) for purposes other than personal and non-commercial use are strictly prohibited. Any other use of the Website’s content requires the written permission of CityVision (if you wish to join, click here for more information).
BOOKING OF SERVICES
Certain Services marketed on the Website are subject to availability. However, CityVision cannot guarantee the availability of all of the Services of the Partners for all of the proposed dates. No claim for compensation may therefore be made if the chosen Service is not available.
Any booking will be considered effective only upon the User’s receipt of the voucher confirming the order and not the payment confirmation sent by CityVision SAS. The contract shall therefore be formed starting from the confirmation of the booking by CityVision SAS.
The User may not place orders through the Website until after confirming these General Terms and Conditions as well as any applicable Specific Terms and Conditions of the Partners.
The confirmation of the order, which includes its essential information, such as the identification of the ordered Service(s) and the price, shall be sent to the User by e-mail shortly after the order date. By printing and/or saving this e-mail, the User will have a way to prove his/her order and the formation of the contract.
PRICE OF SERVICES
The mentioned prices of the Services on the Website, except from the basket, are expressed per person in euros. Unless otherwise stated, the prices include all taxes.
Prices are likely to change without notice and become final only after the User’s receipt of the confirmation of his/her purchase. The display of prices is not a guarantee in itself. They are mentioned for information purposes only, particularly for foreign currencies.
Prices include all of the Services indicated in the description of each excursion, tour, or activity.
Prices mentioned on the Website are valid only for bookings made on the Website, directly online.
Promotions mentioned on the Website are valid only on the Website. They may not be claimed on another channel of sale. They meet certain characteristics, particularly with regard to dates, that will be mentioned. Certain transactions may be subject to bank charges. The User is therefore responsible for contacting his/her bank for information about the corresponding amounts and terms.
Payment must occur at the time of the booking of the Services by bank card using the secure payment system in place on the Website.
To confirm a booking, full payment must be made.
The price corresponding to the booked Services is charged to the bank card.
For an order for Services that could not be confirmed due to lack of availability, the price corresponding to the unavailable Services actually collected by the Website, where applicable, shall be credited back to the holder’s bank card within 72 hours of placement of the order.
Only the following payment cards are accepted on the Website: MasterCard, Visa, American Express, JCB, and PayPal.
The payment shall be indicated on the card statement under the name CityVision. CityVision shall then pay the collected amounts to the Partner responsible for the purchased Service once the order for that Service is confirmed by that Partner.
PROCESSING AND CONFIRMATION OF ORDERS FOR SERVICES
CityVision shall process the User’s booking within an average period of two business days (average period also depending the diligence of the Partners) of placement of his/her order.
Once the availability of the ordered Service has been confirmed by its Partner, final confirmation of the User’s order shall be given by way of the voucher sent to him/her by CityVision at the e-mail address provided by the User on the Website. This voucher shall contain all of the information relating to the corresponding Service as well as, where permitted, a withdrawal form.
The User is required to check his/her e-mail, or the Website if so permitted, to access his/her voucher and is solely responsible for printing it.
The User must print his/her voucher and present it to the Service Provider to allow it to honor the booking.
To prevent any fraudulent use, identification may be requested as well as the signing of the voucher or the presentation of the bank card used for the order.
In no case may the bank statement alone act as proof of purchase.
If the chosen Service is unavailable, the User is informed within 72 hours of placement of his/her order, and the amount actually paid for the Service is credited back to his/her account.
No claim for compensation may be made if the chosen Service is not available.
CHANGES TO BOOKING
Changes are possible only for Services that do not indicate “non-modifiable, non-cancellable”.
Any authorized change is considered a cancellation and a placement of new bookings. Cancellation fees are therefore applied.
CANCELLATION OF BOOKING
No cancellation shall be accepted if it pertains to Services specified on the Website as “non-modifiable, non-cancellable”, at the ticket dispenser, gift certificates, and Services corresponding to a special period.
Any request for cancellation must reach CityVision through the Contact Us page of the Website (Individual/I placed or wish to place an order on your website/I wish to change/cancel my booking), specifying the booking number, your name, and the date. Our teams will process this request as soon as possible.
The following cancellation fees are applied to all of our excursions and activities, with the exception of certain excursions whose specific terms and conditions are indicated below:
• Up to and including three days before the date of use of the booked Service, no fees shall generally be required from the User, with the exception of Services that are subject to specific cancellation conditions duly indicated in the “Cancellation Policy” of each Service;
• After the above time limits, CityVision and its Service Providers reserve the possibility of applying fees for processing the request, which are presented in the offer and recalled on the voucher.
No interruption of a tour or service by the User will result in a refund. Any User who arrives after the departure time of the Service shall be considered a “no show” and shall not receive a refund, regardless of the reason for his/her delay.
The Partners reserve the right to cancel or modify certain tours without notice if the comfort or safety of the travelers so requires, in case of force majeure, strike, demonstration, administrative decision or exceptional closing, etc. CityVision may not be held responsible for such decisions.
In such a situation, CityVision shall make every effort to ensure that the User is informed and that the most appropriate solution is found. This information shall be sent in writing to the User, who must express his/her choice as soon as possible. If CityVision’s new proposals do not satisfy the User, he/she may request a total refund for the Service booked on the Website, specifying the booking number communicated to him/her.
Certain Services involving a flight may be postponed, including at the last minute, due to weather if the minimum conditions (visibility and ceiling) are not met or for technical reasons. The terms of information, reporting, extension of validity of the voucher, or cancellation of the Services concerned appear directly on the page of the Website relating to the Service concerned.
Any complaint must be received by CityVision within 45 days following date of completion of the Service in question. Complaints must be formalized by completing and sending via the Website the dedicated form made available to you on the Website on the Contact us page.
Tour schedules, programs, and durations are likely to change, and prices include all services indicated in the description of each Service.
PHOTOS AND ILLUSTRATIONS
The best efforts are made to provide photos and illustrations giving the User an overview of the proposed Services. The purpose of these photos and illustrations is to indicate the category of accommodation or the degree of comfort to the User and may not be the source of any commitment beyond this purpose.
CityVision and its Partners may not be held responsible and may not guarantee the return of personal belongings and baggage forgotten on coaches, minibuses, or in any other place.
The User is responsible for verifying that he/she is in possession of any documents necessary for the ordered Service and, particularly with regard to excursions outside France, that he/she has a passport with a visa if necessary or an up-to-date identity card.
No refund may be given in case of lack (or loss) of the necessary documents.
Smoking is strictly forbidden aboard coaches or minibuses (law of September 17, 1977).
The information communicated by the User on the Website allows his/her orders to be processed and fulfilled.
In accordance with article 32 of the French data protection law of January 6, 1978, amended by law 2004-801 of August 6, 2004, the information required to process and fulfill orders is indicated by an asterisk on the pages of the Website.
Other requests for information calling for an optional response or information relating to the User’s interest in offers likely to be targeted to him/her are intended to become better acquainted with him/her and to improve the services proposed to him/her.
The information communicated on the Website allows CityVision and its Partners to process and fulfill orders placed on the Website.
As a User, you are also likely to receive our commercial offers. You may ask to stop receiving these offers at any time by clicking on “unsubscribe” at the bottom of any of our e-mails.
Pursuant to the French data protection law of January 6, 1978, amended by law 2004-801 of August 6, 2004, the User has a right to access, modify, and delete data about him/her. This right can be exercised with CityVision’s head office. To allow CityVision to respond to any request of this type, the User must forward the information necessary for his/her identification (form of address, last name, first name, address, postal code, city, country) in addition to the requested modifications.
By visiting our Website, a permanent “cookie” (a small text file) will be allocated to you and stored on the hard disk of your computer. The cookie allows you to be identified when you visit our website so that we can improve your browsing on the Website and personalize your online experience (automatic recognition, storing of your favorite residences, etc.).
We also collect technical information about your computer each time you open a page during your visit to our websites. This information includes your IP (Internet protocol) address, the operating system used, the type of browser, and the address of any referring Website. We collect this information to improve the quality of your experience during your visit to our Website, and we do not sell or rent this information to third parties.
Most browsers automatically accept these cookies, but you can delete or activate the rejection of cookies. Because each browser is different, you must consult the “Help” menu of your browser to learn how to change your cookie preferences. The website’s behavior remains the same, and all of the functionalities are accessible.
To ensure your security and greater confidentiality, our Website uses the 128/256-bit SSL encryption protocol.
During the transfer of information over the network, your bank card number and all information entered into the various forms are automatically encrypted.
The SSL (Secure Socket Layer) encryption system automatically encrypts information before it is sent over the network.
Once it arrives on our server, it is decrypted using a unique SSL key that allows your browser to establish a connection with our Website and transparently negotiate a secure communication channel. Created by Netscape, SSL is currently the most widespread solution and one of the best for securing transactions.
CityVision and its Service Providers are owners of the intellectual property rights for all items appearing on the Website.
The User is therefore prohibited from reproducing, modifying, transferring, or using all or part of the Website without the express written permission of CityVision. However, partial reproduction for strictly private purposes is tolerated.
Resale of Services and use of the Website for commercial purposes are prohibited without the express written permission of CityVision.
CityVision wishes to thank the various owners of the photos shows on the Website.
These Terms and Conditions are subject to French law and in particular the French tourism code. Any dispute relating to their interpretation and/or execution is under the jurisdiction of the French courts.
If, at some point, CityVision does not invoke any one of the provisions of the Terms and Conditions, this may not be interpreted as CityVision’s waiver of its right to invoke it later.
If one of the provisions of the Terms and Conditions is declared null and void or ineffective, it shall be deemed not written, but this shall not affect the validity of the other provisions, unless the provision declared null and void or ineffective was essential and determining.
The User acknowledges having been informed that pursuant to Article L. 121-21-8-12 of the French consumer code, the set of Services offered on the Website is not subject to the application of the right of withdrawal provided for in Articles L. 121-21 et seq. of the French consumer code regarding sales.
Reproduction of Articles R.211-3 to R.211-11 of the French tourism code:
Contract of sale of trips and stays.
Subject to the exclusions in the third and fourth paragraphs of Article L. 211-7, any offers and sales of travel and holiday services are subject to the provision of appropriate documents that meet the rules defined by this section.
In case of sale of airline tickets or travel tickets on a regular line not accompanied by services related thereto, the seller delivers to the buyer one or more tickets for the entire trip, issued by the carrier or under its responsibility. In the case of on-demand transport, the name and address of the carrier, for whom the tickets are issued, must be mentioned.
Separate billing of various components of a package does not release the seller from its obligations under the regulatory provisions of this section.
The exchange of pre-contractual information or the provision of contractual terms is done in writing. They may be done electronically in accordance with the conditions of validity and performance provided for in articles 1125 to 1127-6, 1176, and 1177 of the French civil code. The name and address of the seller and the indication of its entry in the register provided for in point “a” of Article L. 141-3 are mentioned or, where appropriate, the name, address, and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2.
Prior to the conclusion of the contract, the seller must communicate to the consumer the information on prices, dates, and other aspects of the services provided during the trip or stay, such as:
1° The destination and the means, features, and categories of transport used;
2° The type of accommodation, its location, its comfort level and main features, its certification, and its tourist classification corresponding to the regulations or customs of the host country;
3° The meals provided;
4° The description of the itinerary in case of a tour;
5° The administrative and health formalities to be completed by French nationals or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area, particularly in case of border crossings, and their deadlines for completion;
6° Visits, excursions, and other services included in the package or possibly available at an additional price;
7° The minimum or maximum group size for the trip or stay and, if the trip or stay is subject to a minimum number of participants, the consumer notification deadline in the event of cancellation of the trip or stay; this date cannot be less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit on signing the contract and the schedule of payment of the balance;
9° The price revision procedures as provided for in the contract pursuant to Article R. 211-8;
10° The contractual cancellation conditions;
11° The cancellation conditions defined in Articles R. 211-9, R. 211-10, and R. 211-11;
12° The information concerning the optional purchase of an insurance policy covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, particularly repatriation costs in case of accident or illness;
13° When the contract includes air transport services, the information, for each flight segment, provided for in articles R. 211-15 to R. 211-18.
Prior information given to the consumer binds the seller, unless the seller, within the text, expressly reserves the right to modify certain elements. In that case, the seller must clearly indicate to what extent these changes may occur and on what elements.
In any case, changes to the prior information must be communicated to the consumer before the contract is entered into.
The contract between the seller and the buyer must be written and established in duplicate and signed by both parties, with one copy provided to the buyer. If the contract is entered into by electronic means, Articles 1125 to 1127-6, 1176, and 1177 of the French civil code apply. The contract must include the following clauses:
1° The name and address of the seller, its guarantor, and its insurer and the name and address of the organizer;
2° The destination or destinations of the trip and, in case of a stay, the various periods and their dates;
3° The means, features, and categories of transport used and the departure and return dates and locations;
4° The type of accommodation, its location, its comfort level and main features, and its tourist classification according to the regulations or customs of the host country;
5° The meals provided;
6° The itinerary in case of a tour;
7° The visits, excursions, or other services included in the total price of the trip or stay;
8° The total price of the billed services and the indication of any possible revision of this billing under the provisions of Article R. 211-8;
9° The indication, where applicable, of charges or taxes pertaining to certain services such as landing, disembarkation, and embarkation fees charged by ports and airports and tourist taxes when not included in the price of the provided service(s);
10° The timetable and terms of payment of the price; the last payment made by the buyer may not be less than 30% the price of the trip or stay and must be made upon delivery of the documents enabling the trip or stay;
11° The special conditions requested by the buyer and accepted by the seller;
12° The manner in which the buyer may submit a complaint to the seller for breach or improper performance of the contract, to be sent as soon as possible, by any means capable of producing an acknowledgement of receipt by the seller, and, where appropriate, indicated in writing to the organizer of the trip and the service provider concerned;
13° The deadline for informing the buyer in case of cancellation of the trip or stay by the seller if the journey or stay is subject to a minimum number of participants, in accordance with the provisions of point 7° of Article R. 211-4;
14° The contractual cancellation conditions;
15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
16° Details of the risks covered and the amounts covered under the seller’s liability insurance policy;
17° Information about the insurance policy covering the consequences of certain cases of cancellation purchased by the buyer (policy number and name of insurer) as well as information about the assistance policy covering certain specific risks, particularly repatriation costs in case of accident or illness; in that case, the seller must give the buyer a document specifying at least the covered risks and the excluded risks;
18° The deadline for informing the seller in case of transfer of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days prior to scheduled departure, with the following information:
a) The name, address, and telephone number of the seller’s local representative or, failing that, the names, addresses, and telephone numbers of local organizations likely to help the consumer in case of difficulty or, failing that, the seller’s emergency contact telephone number;
b) For travel and stays of minors abroad, a telephone number and address to establish direct contact with the child or the responsible person where the child is staying;
20° The clause regarding cancellation and refund without penalty of the sums paid by the buyer in case of failure to comply with the information obligation provided for in point 13° of Article R. 211-4;
21° The commitment to provide the buyer, in due time before the start of the trip or stay, the departure and arrival times.
The buyer may transfer the contract to a transferee who meets the same conditions as the buyer for the trip or stay, as long as this contract produces no effect.
Except where stipulations more favorable to the transferor exist, the transferor must inform the seller of his/her decision no later than seven days before the start of the trip by any means capable of producing an acknowledgement of receipt. In the case of a cruise, this period is extended to fifteen days. In no case is this transfer is subject to prior permission from the seller.
When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise method of calculating increases or decreases in prices, particularly the amount of transport costs and related taxes, the currency or currencies that may affect the price of the trip or stay, the part of the price to which the increase or decrease applies, and the exchange rate of the currency or currencies used as a reference when establishing the price stated in the contract.
If, before the buyer’s departure, the seller is forced to make a change to one of the essential elements of the contract, such as a significant price increase, and it disregards the information requirement mentioned in point 13° of Article R. 211-4, the buyer may, without prejudice to remedies for any damages suffered, and after having been informed by the seller by any means permitting an acknowledgment of receipt:
-either terminate the contract and obtain an immediate refund of the amounts paid without penalty;
-or accept the modification or alternative trip proposed by the seller; an amendment to the contract specifying the changes made is then signed by the parties; any price reduction is deducted from any amounts still payable by the buyer and, if the payment already made by the buyer exceeds the price of the modified service, the overpayment must be returned to the buyer before the departure date.
In the case provided for in Article L. 211-14, where, before the buyer’s departure, the seller cancels the trip or stay, it must inform the buyer by any means allowing it to obtain an acknowledgment of receipt; the buyer, without prejudice to remedies for any damages suffered, obtains an immediate refund of the sums paid from the seller without penalty; in that case, the buyer receives compensation at least equal to the penalty that he/she would have incurred if he/she had made the cancellation on that date.
The provisions of this article do not in any way prevent the entry into an amicable agreement for acceptance by the buyer of a replacement trip or stay offered by the seller.
If, after the buyer’s departure, the seller is unable to provide a major part of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to remedies for any damages suffered:
-either offer replacement services for the planned services, bearing any additional charge, and if the services accepted by the buyer are of inferior quality, the seller must refund the difference in price upon the buyer’s return;
-or, if the seller cannot offer any replacement services or if they are refused by the buyer for valid reasons, provide the buyer, at no extra charge, travel tickets to ensure his/her return, in conditions that can be considered equivalent, to the departure point or to another place accepted by both parties.
The provisions of this article are applicable in case of failure to comply with the obligation in point 13° of Article R. 211-4.