General Terms and Conditions of Sale

Article 1 - PREAMBLE

The present general and special terms and conditions of sale govern the relationship between the Agence d'Attractivité de la Haute-Marne, a local tourist organisation as defined in article L211-1 (II) of the French Tourism Code and a member of the Tourisme & Territoires network, and its customers.
These conditions of sale comply strictly with current regulations and apply to all bookings made from 1st January 2025. They cancel and replace all previous versions of general and special conditions of sale. The customer acknowledges having read these general and special terms and conditions of sale and having accepted their terms by signing the booking proposed by the Agence d'Attractivité de la Haute-Marne, which together with these general and special terms and conditions of sale form the Contract, as this term is defined in article 2 below.

Article 2 - DEFINITIONS

Vendor: refers to the Agence d'Attractivité de la Haute-Marne, a local tourist organisation, member of the Tourisme & Territoires network, which offers tourist Services for sale in its geographical area of operation.

Customer: designates the person who purchases or reserves a Tourist Service, it being understood that the Customer may not be the beneficiary or participant of the Tourist Service, depending on whether the Customer wishes to benefit personally from the Tourist Service or whether he/she wishes a third party to benefit from it.

Beneficiary or Participant: refers to the natural person who consumes the Tourist Service purchased by the Customer from the Vendor.

Holiday Rental or Seasonal Rental or Rural Gîte: travel service consisting of the rental of an immovable property for a maximum, non-renewable period of ninety consecutive days, as defined by articles L211-4 of the French Tourism Code and 1-1 (2°) of law no. 70-9 of 2 January 1970.

Partner: refers to any person producing or organising the Touring Service sold by the Vendor to the Customer.

Contract: refers to all the reciprocal commitments made by the Vendor, on the one hand, and by the Customer, on the other hand, relating to the reservation or purchase of a Tourist Service. The Contract is made up of the general terms and conditions of sale applicable to all tourism operators, the special terms and conditions of sale applicable to the Seller and the booking conditions specific to the Tourist Service selected by the Customer.

Stay: refers to a tourist package within the meaning of article L211-2 (II) of the French Tourism Code.

Tourist Service or Travel Service: refers to (i) a travel service or (ii) a tourist service or (iii) a tourist package or (iv) a linked travel service or an event-based service as these terms are defined in article L211-2 of the French Tourism Code.

Outdoor activity: refers to a Tourist Service or Travel Service that takes place in a natural environment.

Distribution channel: refers to the technical means by which the Seller offers the Customer the opportunity to book or purchase a Tourist Service (telephone, website, physical reception, etc.).

Party: refers to the Seller or the Customer, according to the meaning given by the sentence in which this term appears. In the plural, this term refers to the Seller and the Customer.

Site: refers to the Internet site(s) of the Vendor, including those appearing at the address: www.bienvenue-hautemarne.fr.

Article 3 - PRELIMINARY OR PRECONTRACTUAL INFORMATION

3.1 - SCOPE
The descriptive information relating to the tourist Service offered by the Vendor and appearing on the Website or on the document given to the Customer by the Vendor constitutes the prior or pre-contractual information given to the Customer within the meaning of article L. 211-8 of the French Tourism Code. The elements of this prior or pre-contractual information listed in article R211-4 of the French Tourism Code are binding on the Vendor.

3.2 - MODIFICATIONS
However, the Vendor reserves the right to make changes to these elements of the prior information provided that these changes are made to the Customer in writing and before the Contract is concluded, in accordance with the conditions set out in articles R211-5 and L211-9 of the French Tourism Code.

3.3 - PRICE
The price of the tourist Service, displayed on the Web Site or on the preliminary information document provided by the Vendor to the Customer, is the price in force at the time of consultation by the Customer. It corresponds to the price of the Tourist Service, inclusive of all taxes. In certain cases, additional charges, the details and conditions of application of which appear in the prior information, may be levied by the Vendor at the time of booking. The terms of payment of this price are also shown on the Site or in the prior information document.

3.4 - TOURIST TAX
In accordance with current legislation on the activity of reservation platforms, the Seller may (i) collect the tourist tax applicable to the various territories in its geographical area of operation at the time of the reservation or purchase and (ii) pay it to the local authorities on behalf of the Customer. Where it is collected by the Seller, details of this tax are given on the Site or on the prior information document given to the Customer.

3.5 - PROCESSING FEES - AGENCY FEES
Finally, processing fees may also be charged by the Seller. The details and amount of these handling fees are mentioned in the prior information document and may differ depending on the Seller's Distribution Channel.
For the organisation of events, fees are charged according to the value of the file. The amount of these fees is mentioned in the quotation submitted to the customer.

3.6 - FINAL PRICE
The final price, including tax and all charges, of the Tourism Service is indicated to the Customer before the definitive formation of the Contract.

Article 4 - CUSTOMER'S LIABILITY

It is the Customer's responsibility to check that the personal information they provide at the time of booking, during the act of purchase or at any other time, is accurate and complete. In the case of online bookings on the Site, it is the Customer's responsibility to ensure that the details they provide are correct and that they will enable them to receive confirmation of their booking. In the event that the Customer does not receive this confirmation within the period indicated, it is the Customer's responsibility to contact the Vendor immediately. In addition, and in order to ensure that his file is properly followed up, the Customer must inform the Vendor as soon as possible of any change in the personal information he has provided to the Vendor.

Article 5 - PRICE REVISION

The price of the Tourist Service may not be modified by the Vendor after the Contract has been formed, except in the cases exhaustively provided for by article L211-12 of the French Tourism Code, and no later than 21 days before the start of the Tourist Service. In this respect, the booking information includes the parameters of the possible price revision and the way in which the price revision may be calculated according to the said parameters. Under no circumstances will the Customer be able to request the cancellation of the reservation due to the price revision unless, as a result of this revision, the price increase is greater than 8% compared to the price initially agreed when the Contract was formed.

Article 6 - SELLER'S LIABILITY

In accordance with Article L211-16 of the French Tourism Code, the Vendor is automatically liable to the Customer or the Beneficiary of the Tourist Service for the performance of the services provided for in the Contract. However, the Vendor may exonerate himself from all or part of his liability by proving that the damage is :

Either attributable to the Customer or the Beneficiary,
or attributable to a third party unrelated to the provision of the travel services included in the Contract and that it was unforeseeable or unavoidable,
Or due to exceptional and unavoidable circumstances.
Where the Vendor is held liable, and except in the case of personal injury or damage caused intentionally or through negligence, the compensation requested by the Customer may not exceed three times the total price of the Tourist Service.

Article 7 - ONLINE BOOKING PROCESS

The online booking process on the Site is as follows:

The Customer selects the Tourist Services of their choice and places them in their shopping basket.
Once the shopping basket has been validated, the Customer enters their information and personal details.
The Customer then accesses a page summarising all the constituent elements of the Contract, the list of which is set out in articles R211-4 and R211-6 of the French Tourism Code.
A first "click" by the Customer validates the terms of the Contract, subject to express acceptance of these general and special terms and conditions of sale.
A second "click" by the Customer, reconfirming acceptance, enables the Customer to validate the terms of payment of the price.
If payment is made by bank card, the reservation is considered to be firm and definitive and the Contract formed only after acceptance of payment by the Customer's bank; any subsequent rejection of payment will result in immediate termination of the Contract.
Once the Contract has been definitively formed, the Vendor will send the Customer a confirmation e-mail, summarising all the terms of the Contract; the content of this e-mail constitutes proof of the existence of the Contract.

Article 8 - OFF-LINE BOOKING PROCESS

In the event of an off-line reservation, the Vendor will send the Customer a draft Contract which will include all of the elements set out in articles R211-4 and R211-6 of the French Tourism Code and which will include these General and Special Terms and Conditions of Sale. The reservation or the act of purchase is definitively formed after receipt by the Vendor, before the deadline mentioned on the draft, of (i) a copy of the Contract signed by the Customer, implying in particular acceptance of these general and special terms and conditions of sale (mentioned on the Site and available on request from the Vendor) and (II) payment of the part of the price indicated in the Contract as stated in article 12 below. In the event that payment of the part of the price indicated in the Contract is made by bank card, the reservation is considered to be firm and definitive and the Contract formed when the customer communicates his/her bank details and cryptogram either by telephone to the Vendor or at one of the Vendor's physical reservation points. Any subsequent rejection of payment will result in the immediate cancellation of the Contract.

Article 9 - NO RIGHT OF WITHDRAWAL

In accordance with article L221-18 12° of the French Consumer Code, the Customer has no right of withdrawal following the purchase or reservation of a Tourist Service offered by the Vendor.

Article 10 - PAYMENT

Except in the case of online reservations where payment of the full price may be required at the time of reservation, the reservation becomes firm and definitive and the Contract formed when a deposit representing at least 25% of the total price of the Tourist Service is received by the Vendor. The balance of the price is due no later than 30 days before the start of the Tourism Service. In the case of a reservation made less than 30 days before the start of the Tourism Service, full payment of the price of the Tourism Service is systematically required at the time of reservation. Any customer who has not paid the full price of the Touristic Event at least 30 days before the start of the Touristic Event is considered to have cancelled their reservation and will be subject to cancellation fees as indicated in article 17 below. Finally, and in accordance with article 68 of decree 72-678 of 20 July 1972 as amended, no payment may be made for Holiday Rentals more than 6 months before the handover of the keys.

Article 11 - EXCHANGE VOUCHER

As soon as full payment has been received, the Vendor will send the Customer an exchange voucher containing practical information relating to the use of the Tourist Service. It is no longer compulsory for the Customer to give this exchange voucher to the Partner. On arrival, the Customer will be able to give the reference number of their reservation and present an identity document in the name of the reservation file.
For the organisation of events, please refer to your confirmation.

Article 12 - ARRIVAL

The Customer must arrive on the agreed day and at the times indicated on the voucher. In the event of a late or delayed arrival or a last-minute impediment, the Customer must notify the Partner whose address and telephone number appear on the exchange voucher. The price of the Tourist Services not consumed as a result of this delay will remain due and the delay will not give rise to any reimbursement.

Article 13 - DURATION

The Customer who signs the Contract, concluded for a fixed period, may under no circumstances claim any right to remain in the accommodation after the dates mentioned in the Contract.

Article 14 - MODIFICATION BY THE SELLER

The Vendor may unilaterally modify the clauses of the Contract after the Contract has been formed and before the start of the tourist service, without the Customer being able to object, provided that 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. In the event of unilateral modification by the Vendor of a Tourist Service booked on a firm and definitive basis and if this modification is not minor and relates to an essential element of the Contract, such as an increase in price of more than 8% compared to the initial price in the event of application of the price revision clause, the Customer has the option of either accepting the modification proposed by the Vendor, or cancelling the Contract without charge. In the event of cancellation of the Contract, the Customer will immediately be reimbursed the sums paid in respect of this reservation and will pay compensation equivalent to that which the Customer would have had to pay if a cancellation had been made by the Customer on the date of the modification, as mentioned in article 16 below.

Article 15 - CANCELLATION BY THE SELLER

The Vendor has the possibility of cancelling the reservation without charge before the start of the Tourism Service in the following two cases:

If the number of people booked for the Tourist Event is less than the minimum number indicated on the booking form and if the cancellation occurs at the latest (i) 20 days before the start if the Tourist Event lasts more than 6 days, (ii) 7 days before the start if the Tourist Event lasts between 2 and 6 days or (iii) 48 hours before the start if the Tourist Event lasts no more than 2 days.
If the Seller is prevented from providing the Tourism Service due to exceptional and unavoidable circumstances and if the cancellation occurs as soon as possible before the start of the Tourism Service.

In the cases listed above, the Customer is entitled to a full refund of payments made but not to additional compensation for any loss suffered.
In all other cases, the Vendor who unilaterally cancels a Tourist Service that has been firmly and definitively booked is liable to the Customer not only for the immediate reimbursement of the sums paid by the Customer for this booking, but also for compensation corresponding to the compensation that the Customer would have had to pay if the cancellation had been made by the Vendor on the same date and as mentioned in article 16 below.

Article 16 - CANCELLATION AND MODIFICATION BY THE CUSTOMER

The Vendor must be notified in writing of any request by the Customer to modify or cancel the Tourist Services booked on a firm and definitive basis. The date of receipt of this written notification will be the date used to calculate the costs referred to below. The request must be made within 48 hours of the start date of the holiday, failing which no refund will be given.
Services booked but not used on site will not be reimbursed. Additional or replacement services that incur extra costs will be invoiced additionally.
Any request for modification which is not expressly accepted by the Vendor and which does not give rise to an amendment to the Contract with any adjustments made necessary is equivalent to a cancellation. In this respect, and for all structures located on isolated sites, a request for modification with a view to a postponement may be granted exceptionally in certain cases linked to weather conditions and accessibility. The request must be made by e-mail or post to the Seller within 48 working hours of the occurrence of the change in weather conditions and/or accessibility.

Individual customers

Delay noted before the start of the Holiday or Service :

More than 30 days = 10% cancellation fee
30 to 22 days = 50% cancellation fee
From 21 to 8 days = 70% cancellation fee
Less than 7 days/no show = 100% cancellation fee

Individual within a group

Delay noted before the start of the Holiday or Event :

More than 30 days = No cancellation fee
30 to 22 days = No cancellation fee
From 21 to 8 days = No cancellation fee
7 to 2 days = No cancellation fee
Less than 2 days/non-presentation = 100% cancellation fee

Entire group

Delay noted before the start of the Holiday or Event :

More than 30 days = No cancellation fee
30 to 22 days = 30% cancellation fee
21 to 8 days = 50% cancellation fee
Less than 7 days/no show = 100% cancellation fee

Events

Delay noted before the start of the Stay or Event :

More than 30 days = Agency fees and advance payments
30 to 22 days = 100% cancellation fee
21 to 8 days = 100% cancellation fee
Less than 7 days/no show = 100% cancellation fee

The cancellation costs are paid by the Customer to the Vendor and are deducted accordingly from the sums already paid by the Customer for the reservation. If the Customer has taken out a cancellation insurance policy, the cancellation costs will be paid by the insurer under the conditions set out in the insurance policy, a summary of which is attached to the Contract. In the latter case, however, the cost of taking out the cancellation insurance policy may not be reimbursed.

Article 17 - INTERRUPTION OF STAY

In the event that the Tourist Service is interrupted by the Customer before the scheduled end date, no refund will be made by the Vendor. However, the Customer may claim compensation if the reason for the interruption is covered by the cancellation insurance contract that he has taken out.

Article 18 - ASSIGNMENT OF CONTRACT

The Customer may transfer the Contract to a third party who fulfils the same conditions as he does in order to use the Tourist Services. In this case, the Customer must inform the Vendor of his decision by registered letter with acknowledgement of receipt at least 7 days before the start of the Touristic Event. The Vendor will then inform the Customer without delay of the amount of the costs relating to this transfer, which may not exceed any additional costs requested by the Partner and the cost of processing the transfer file by the Vendor. In the event of an Assignment, the Customer is jointly and severally liable with the third party and vis-à-vis the Seller for payment of the balance of the price as well as any additional costs incurred by this Assignment.

Article 19 - CONDITIONS SPECIFIC TO ACCOMMODATION

19.1 - CAPACITY
The Contract is drawn up for a limited number of people. If the number of participants exceeds the capacity of the accommodation provided for in the Contract, the Partner may refuse the additional participants. Any breach of the Contract for this reason will then be considered to have been made at the initiative and under the responsibility of the Customer. In this case, the price of the Tourist Service will be retained by the Vendor.

19.2 - SECURITY DEPOSIT AND INVENTORY OF FIXTURES AND FITTINGS
Certain types of accommodation require the payment of a security deposit by the Customer to cover the possible financial consequences of any damage that may occur during the Tourist Service. The amount of this deposit varies and is mentioned in the prior information document. This deposit is paid to the Partner or its representative at the start of the Tourist Event. To facilitate the operation of the deposit, an imprint of the amount of the deposit requested by the owner will be made on the bank card used to pay for the stay. This imprint will be removed 72 hours after it has been established that there is no dispute. In the absence of a valid imprint, the customer undertakes to pay the owner the deposit by cheque, cash or bank transfer at the latest on arrival. A joint inventory of fixtures will be drawn up on arrival and departure to check the condition of the premises and rental items. On departure, the deposit will be returned to the Customer, less the cost of any repairs, if any damage attributable to the Customer is found. In the event of early departure (in relation to the times mentioned on the exchange voucher) preventing the inventory of fixtures from being drawn up on the day of the Customer's departure, the security deposit (or the balance of the deposit in the event of damage) will be returned by the Partner to the Customer within a period not exceeding one week. The Customer is obliged to use the rented property with due care. The state of cleanliness of the accommodation on the Customer's arrival must be noted in the inventory of fixtures. The Customer is responsible for cleaning the premises throughout the rental period and until their departure.

19.3 - PAYMENT OF CHARGES
Certain types of accommodation require the payment of charges corresponding to the consumption of water, gas, electricity, heating, etc. The details of these charges are variable and may vary. Details of these charges vary and are mentioned in the prior information document. Generally speaking, the charges included in the basic price include electricity (up to 8 kWh per day), gas for the gas cooker and cold water. These charges must be paid directly to the Partner against receipt. Some rental prices may include a global charges package.

19.4 - HOTEL ACCOMMODATION
Prices include room hire with or without breakfast, half board or full board. Unless otherwise indicated, they do not include drinks with meals. When a Customer occupies alone a room intended for two people and unless otherwise stated, he/she will be charged a supplement called the "single room supplement". On the day of departure, the room must be vacated at the time displayed in the establishment.

Article 20 - OUTDOOR ACTIVITIES

The Vendor reserves the right to substitute another activity for an activity provided for in the Contract, if the Vendor is prevented from providing the original activity due to exceptional and unavoidable circumstances and if the substitution is made as soon as possible after the occurrence of the circumstances in question. In this case, the Customer will not be entitled to any compensation, as stated in article 7 above. Each participant must comply with the rules of caution and follow the advice of the supervisor. The Vendor reserves the right to expel from a group at any time any participant whose behaviour may be considered to endanger the safety of the group and the well-being of the other participants. In this case, no compensation will be payable. Some outdoor activities require good physical condition and/or specific equipment. Where this is the case, the relevant information is given in the prior information document.

Article 21 - EVENTS

Events open to the public must be declared to the town hall/prefecture. This will be carried out by HMEvent. If the customer wishes to make this declaration himself, he must provide HMEvents with authorisation as well as a waiver of responsibility for this administrative procedure.
The customer is responsible for the sites made available to him for the organisation of his event. He must ensure that the rooms and equipment are respected and returned in the condition in which they were provided. Any damage found after the event will be billed additionally.

Article 22 - Provision of services

The Agence d'Attractivité offers its customers advice on event decoration (spaces, colours, materials, lighting, furniture). In this respect, the Agence d'Attractivité undertakes an obligation of means.
To this end, it will do its utmost to satisfy its customer, in accordance with the estimate drawn up, by regularly informing the customer of the progress of its work. Once the contract has been returned by the Customer, the latter may not use subjective criteria (such as taste, beauty or comfort) to justify the complete or partial redoing of the work carried out (in particular the deliverables) or the refusal to pay for the services to which the Customer has committed.
The Customer acknowledges that the visuals and other documents such as "trend boards" or "inspiration PowerPoint" provided to them by the agence d'attractivité are solely illustrative and non-contractual. They are part of a consultancy service whose aim is to give ideas and not necessarily to represent the identical decoration that will be put in place.

Article 23 - ANIMALS

The Contract or the exchange voucher specifies whether or not the Customer may stay in the company of a pet and, where applicable, will specify whether or not the accommodation of a pet is subject to an additional charge and/or an increased security deposit. If the Customer fails to comply with this clause, the service provider may refuse to provide the Tourist Service. In this case, no refund will be made.

Article 24 - INSURANCE

The Customer is responsible for all damage caused by himself. He/she is invited to check whether he/she benefits from "holiday" or "event" insurance cover through his/her personal insurance. If not, it is strongly recommended that they take out such cover. The Vendor offers the Customer the possibility of taking out an insurance contract covering the consequences of certain cases of cancellation and assistance; the content of the guarantees and exclusions is set out in a document which will be given to the Customer at the same time as the prior information document. The Vendor is insured for professional civil liability as indicated elsewhere.
For the organisation of events, specific insurance will be offered to guarantee cancellation of the event and cover for the equipment made available.
If the Customer does not have a personal guarantee and does not take out the proposed insurance, all cancellation costs and any damage caused to the equipment (from assembly to dismantling) will be at the Customer's expense.

Article 25 - FORCE MAJEURE

The Agence d'Attractivité cannot be held responsible in the event of non-performance or poor performance of the contract due either to the actions of its customer, or to the insurmountable and unforeseeable actions of a third party to the contract, or to a case of force majeure.
In particular, the Agence d'Attractivité may not be considered to be in default in the event that non-performance of the contract is due to fire, flooding, storms, exceptionally intense bad weather (and a fortiori a state of natural disaster), strikes, industrial action or any other major incident, unavoidable obstacles, war (declared or not), embargoes, legal impediments, insurrection, events of a pandemic, epidemic, bacteriological or virological nature, or any other cause not attributable to the Attractiveness Agency.

Article 26 - CLAIMS

Any complaint relating to the non-performance or poor performance of the Contract must be sent in writing to the Vendor within 48 working hours. Complaints relating to the state of the property must be brought to the attention of the Vendor within 48 hours of arrival.

Article 27 - TOURISM MEDIATOR

After contacting the Vendor and failing a satisfactory response from the Vendor within 60 days, the Customer may refer the matter to the Tourism and Travel Ombudsman (MTV), whose contact details are as follows: MTV Médiation Tourisme Voyage BP 80 303 - 75 823 Paris Cedex 17, and the procedures for making a complaint are available on the website: www.mtv.travel

Article 28 - EVIDENCE

It is expressly agreed between the Parties that the data kept in the information system of the Vendor and/or its Partners concerning the elements of the Tourism Service have the same evidential value as any document that would be drawn up, received or kept in writing.

Article 29 - PERSONAL DATA

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, otherwise known as the General Data Protection Regulation or GDPR, as well as Law No. 2018-493 of 20 June 2018 on the protection of personal data, set out the legal framework applicable to the processing of personal data. As part of its business of selling Holidays and Tourist Services, the Seller implements and operates processing of personal data relating to Customers and Beneficiaries. In accordance with Article 12 of the RGPD, the Vendor has formalised the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data in a document called the "Confidentiality Policy", which is available at the following address: https: //www.bienvenue-hautemarne.fr/politique-de-confidentialite/ and on request from the Vendor. For any other more general information on the protection of personal data, any interested party is invited to consult the CNIL website www.cnil.fr.

Article 30 - RIGHT TO IMAGE

The customer authorises the Agence d'Attractivité to capture and use, free of charge, photos and videos of the event on all media and in all formats, in both the commercial and non-commercial sectors, it being specified that the customer will be responsible for ensuring that persons taking part in the event sign an authorisation for image rights in accordance with the intended capture and use.
This authorisation to capture and use images is valid for five years from the end of the contractual relationship between the Attractiveness Agency and the Client.

Article 31 - USE OF THE FRENCH LANGUAGE AND PRIMARY OF FRENCH

In accordance with law no. 94-664 of 4 August 1994, the offers presented on the Vendor's websites, as well as the present special terms and conditions of sale, are written in the French language. However, foreign language translations of all or part of this information may be available. The Parties agree that the French language version shall take precedence over all versions written in another language.

Article 32 - APPLICABLE LAW

Any Contract concluded between the Vendor and the Customer is subject to French law.

IDENTITY OF THE SELLER - RCP INSURANCE - FINANCIAL GUARANTEE

Information about the Seller :
AGENCE D'ATTRACTIVITÉ DE LA HAUTE-MARNE
Legal form: Société Publique Locale
SIRET NO.: 95262046600013
APE Code: 7990Z
ATOUT FRANCE registration number: IM052230001
Address: 7, rue de la Maladière à Chaumont - 52000 CHAUMONT
Telephone number: 03.25.30.39.00

Liability insurance:
The Seller has taken out professional indemnity insurance (ARCP) with GENERALI Policy AT911700 IARD to cover the consequences of the Professional Civil Liability that the Seller may incur.

Financial guarantee:
The Seller provides evidence of a financial guarantee taken out with GROUPAMA, the purpose of which is to protect the consumer (reimbursement of deposits paid, continuation of the trip, etc.) in the event of the Seller's financial failure.

Date updated: 01/01/2025