Whenever used in these General Terms and Conditions of Sale and Use of the Site or in connection with its performance, terms shall have the meaning given to them in the definitions set forth below:
Producer: refers to EXPENATURE, an individual company registered with the INSEE under SIRET number: 494-281-611-00017, whose head office is at 168 Avenue Wilson 13600 La Ciotat. It provides the Service ordered to the Beneficiaries of the Counter-Mark.
User(s): refers to any natural person(s) using the Site, with a view to consulting the Services offered by the Producer, making online reservations and, where applicable, paying for the Services subscribed to. The User may or may not be the Beneficiary of the Service. If the User is not a Beneficiary, it is the User's responsibility to ensure that each of the Beneficiaries is able to participate in the Service before placing an Order.
Beneficiary(ies): refers to the person(s) indicated as the beneficiary(ies) of the Service at the time of the Order.
Party(ies): refers jointly or separately to the User and/or the Producer.
Service(s): refers to the service or product offered for sale on the Site and provided by the Producer for the benefit of the Beneficiary(ies) in exchange for the Counter Mark.
Order(s): refers to the online reservation(s) and payment(s), via the Site, of a Producer's Service by a User.
Countermark: refers to the document sent to the User by e-mail when the Order is validated, which must be given by the Beneficiary to the Producer in payment for the Service chosen at the time of purchase. The Counter-Mark includes: the Beneficiary's name as entered at the time of purchase on the Site, the face value of the Counter-Mark, its date of purchase, the designation of the Service, and a unique identification number.
Site: refers to the Producer's website accessible at www.expenature.fr
2. Object
The purpose of these General Terms and Conditions of Sale and Use of the Site is to define the terms and conditions under which the Producer offers for sale and sells, through its Site, Services to Users. They constitute a Contract between the User and the Producer.
These General Terms and Conditions of Sale and Use of the Site come into force on 6/10/2015. They cancel and replace all previous versions.
Consequently, any Order from the User implies his acceptance without exception or reservation and his full and complete adherence to these General Terms and Conditions of Sale and Use of the Site, which prevail over any other document, unless special conditions are expressly agreed in writing by the Producer.
By accessing this Site and/or placing Orders, the User declares and acknowledges that he/she has read, understood and accepted the conditions of sale and use of the Site prior to placing an Order, with due respect for the rights of third parties and in compliance with applicable law.
The User acknowledges and accepts that access to the Site may be restricted and/or its use subject to specific conditions.
The Services available on the Site are reserved for natural persons of legal age, to the exclusion of any sale to professionals or for resale to third parties.
Users who order via the Site, regardless of their place of residence or their place of connection, are deemed to be purchasing in France and are therefore subject to French law.
3. Buying and booking a Service
3.1 Requirements
Any User purchasing a Service must be at least 18 years old and legally capable of contracting.
Any person placing an Order on the Site guarantees to the Producer the veracity of the information provided by him/her and makes a personal commitment for the persons registered for the same Service.
Anyone booking an activity agrees to abide by the following rental contract: https://expenature.fr/contrat-de-location-expenature/
3.2. Description of Services
When booking a Service, it is the User's responsibility to check the precise content of the Service offered.
The Producer endeavours to describe the Services offered on the Site as accurately as possible. However, the Services may be subject to changes which will be notified to the User as soon as possible.
The duration of the Services offered is given as an indication only; the User may not take advantage of any variation in this duration due to the nature of the activities and/or the circumstances in which they were carried out.
The photos appearing on the Site are non-contractual.
Services do not include transportation to the Producer's meeting place.
3.3. Restrictions
Some activities are accessible only under certain conditions (physical, meteorological or other). In addition, certain activities are only accessible under certain conditions of health, age, weight or skill. The beneficiary must not present any medical contraindications to the activities subscribed to. These conditions are indicated for each Service on the Site. The Producer reserves the right to refuse the requested Benefit or to postpone the reservation if the required conditions are not met by the Beneficiary(ies) or in the event of unfavorable weather conditions.
Ability to swim: Acceptance of the general terms and conditions of sale by the customer validates each participant's ability to swim 25 meters, which is compulsory for all water sports activities.
Due to the nature of certain activities, the Producer may ask the Beneficiary to sign a liability waiver or deposit a deposit cheque.
The Producer may also require the Beneficiary(ies) to produce any certificate of aptitude required for the practice of certain activities.
In all such cases, the Producer shall not be held liable to compensate the User and/or the Beneficiary(ies) in the event of the latter's inability to participate in the Event due to failure to meet the required conditions.
3.4. Availability
The Producer endeavours to update the availability of its Services in real time.
However, given the simultaneous connections of different Users, it is possible that a Service appearing as available on the date and at the time chosen by the User when consulting the description may no longer be available when the User validates the Order.
For this reason, the Producer systematically checks the availability of the Services for each Order.
If the Producer informs the User of the unavailability of the Service after the Order has been validated, the contract will lapse and the price paid at the time of the Order will be refunded to the User, to the exclusion of any other amount.
3.5. Order, validation and confirmation
The ordering process on the Site is as follows:
- the User selects the Service(s) of his/her choice, the date and time of reservation;
- he/she fills in the information requested and required for the reservation (in particular the number of Beneficiaries, surnames, first names, dates of birth and addresses of the Beneficiaries, etc.);
- he/she chooses the method of payment for his/her Order,
- he then validates his Order: the Contract between the User and the Producer is then validly concluded.
In accordance with article 1316-4 of the French Civil Code, as amended by the Act of March 13, 2000 adapting the law of evidence to information technology and relating to electronic signatures, the electronic signature in the form of a "double click", combined with the authentication and non-repudiation procedure and the protection of message integrity, has the value of a signature which expresses the Party's consent to the obligations arising from the deed.
The Contract is deemed to have been formed when the Order is validated by the second click.
The Order is binding on the User, who may no longer cancel the Contract, except with the express agreement of the Producer.
Contractual information will be confirmed by e-mail, to which the invoice and the countermark will be attached.
Each Counterfoil includes: the name of the Beneficiary entered when purchasing on the Site, the face value of the Counterfoil, the date of purchase, the name of the Service, the date and time of reservation, and a unique identification number.
The Counter-Mark is valid only for the activity and date selected on the Site when the Order is placed.
The Counter-Mark must be handed over by the Beneficiary to the Producer on the day of the Event.
4. Awards
The prices of the Services are indicated in euros, inclusive of tax, and correspond to those in force on the date of the Order.
The Service descriptions on the Site state what is included in the price.
Unless otherwise specified in the description of the Event, the price does not include transportation to the Event, accommodation and subsistence costs, meals and drinks, expenses to be paid on site, or any service or benefit not expressly mentioned in the description of the Event.
5. Terms and conditions of payment
Payment for Services is made online by credit card (Carte Bleue, Visa, Eurocard/Mastercard).
The User must enter the card number, its validity date and the control code located on the back of the card in the appropriate fields.
The full amount of the Order will be debited from the credit card on the day of the Order.
The Producer reserves the right to suspend all Order processing and all Services in the event of non-payment or refusal to authorize payment by credit card by the authorized banking organizations.
6. Withdrawal
In accordance with the provisions of article L.121-20 of the French Consumer Code, in the case of distance selling, the purchaser has a cooling-off period of 7 days from confirmation of the order by the Producer, without having to justify his decision or pay any penalties, with the exception of the cost of returning the goods, which will remain at his expense.
However, the right of withdrawal does not apply to " leisure services [...] which must be provided on a specific date or at a specific time ", in accordance with the provisions of article L.121-20-4 of the French Consumer Code.
Consequently, the right of withdrawal within a period of 7 days for exchange or refund, provided for in article L.121-20-4 of the French Consumer Code, is not applicable to dated Services booked with the Producer.
7. Exchange, postponement and cancellation
No exchange, cancellation or postponement of reservation will be accepted, except with the express agreement of the Producer.
In the event of non-use, loss or destruction of the CounterMark, the Beneficiary will not be entitled to any reimbursement.
The Producer cannot be held responsible for the loss, theft or non-use of the CounterMark after the confirmation e-mail has been sent, or for any inability to carry out certain activities attributable to the User and/or the Beneficiary.
8. Responsibility of Users and Beneficiaries
The User acknowledges having read the present General Terms and Conditions of Sale, as well as the information and advice included in the description of the proposed Service and having informed the Beneficiary(ies) of the said Service, if he/she is not the Beneficiary him/herself.
In addition, each Beneficiary must comply with the instructions, advice and recommendations of the attendant(s). In this respect, the Producer cannot be held responsible for accidents caused by the carelessness of one or more Beneficiaries, and the Producer further reserves the right to expel at any time any Beneficiary whose behavior is considered dangerous to himself or herself or to other participants. In this case, no refund will be possible.
For all activities, minors must present parental authorization or be accompanied by a responsible adult.
The User is informed that certain activities are high-risk sports that may cause serious physical or cerebral lesions that could result in the death of the Beneficiary(ies). The User is invited to check that this type of activity is compatible with the physical condition of the Beneficiary(ies).
In certain cases, the Producer may ask the Beneficiary(ies) to sign a liability waiver.
9. Producer's liability
9.1. Obligations of means
For all the Services provided, the Parties expressly agree that the Producer is subject only to a general obligation of means. The Producer undertakes to use its best endeavours to provide, in the best possible conditions, the Service ordered by the User as described on its Site.
9.2. General limitation of liability
Generally speaking, in the event that the Producer's liability is incurred as a result of the non-performance or improper performance of the Service, or for any other cause attributable to the Producer, the Parties agree that :
- Only direct damage arising from non-performance of contractual obligations may give rise to compensation. Consequently, any indirect damage, and in particular any moral or commercial prejudice, loss of profit, sales, orders or clientele, suffered by the User, the Beneficiary(ies) and/or third parties may not give rise to a right to compensation.
- The amount of compensation for which the Producer may be liable is expressly limited to the sums received by the Producer for the Service.
However, the Producer may not be held liable if the non-performance or improper performance of its contractual obligations is attributable either to the User or to the Beneficiary(ies), or to the actions of a third party, or to a case of force majeure.
Finally, sites linked directly or indirectly to the Producer's Site are not under the Producer's control. Consequently, the Producer assumes no responsibility for the information published on these sites.
- The producer is covered by Professional Civil Liability and also offers the consumer the option of taking out additional individual accident insurance:
10. Force majeure
The obligations contained herein shall not apply or shall be suspended ipso jure and without compensation if their performance has become impossible due to force majeure or an act of God as defined by case law or for any reason not attributable to the User, the Beneficiary(ies) or the Producer.
Each Party shall inform its co-contractor by any means and as soon as possible in the event of a force majeure event preventing it from performing all or part of its contractual obligations.
The Parties shall use their best endeavours to prevent or reduce the effects of non-performance of the contract caused by an event of force majeure; the Party wishing to invoke an event of force majeure shall notify the other Party without delay of the commencement and, where applicable, the cessation of such event, failing which it shall not be relieved of its liability.
Furthermore, if the event lasts more than thirty days from the date of occurrence, the present agreement may be terminated without the User, Beneficiary(ies) or Producer being entitled to claim damages.
11. Site access
The Producer endeavors to provide permanent access to the Site, 24 hours a day, 7 days a week. However, access to the Site may be suspended at any time and without notice, in particular due to breakdowns, failures or paralysis of the network, system and/or means of communication, as well as due to maintenance and correction operations made necessary by the updating and proper operation of the Site.
The Producer reserves the right to modify, at any time and without notice, the content of this Site.
The User undertakes not to hinder access to the Site and/or the proper functioning of the Site in any way that could damage, intercept or interfere with all or part of the Site.
The Producer cannot be held responsible for any direct or indirect damage due to an interruption, malfunction of any kind, suspension or stoppage of the Site, for any reason whatsoever, or for any direct or indirect damage resulting in any way from access to the Site.
Users of this Site acknowledge that they have the necessary skills and means to access and use this Site. The communication protocols used are those in use on the Internet.
The Producer shall not be held liable for elements beyond its control and for any damage that may be suffered by the User's technical environment and in particular, his/her computers, software, network equipment and any other equipment used to access or use the Site.
It is reminded that fraudulently accessing or remaining in a computer system, hindering or distorting the operation of such a system, or fraudulently introducing or modifying data in a computer system constitute offences punishable by criminal penalties.
Access to the Site is free of charge. The cost of accessing and using the telecommunications network is borne by the User, in accordance with the terms and conditions set by his or her access providers and telecommunications operators.
12. Intellectual Property
The entire Site (structure, present
12.1 Intellectual property of tourism products
Provence Evasion is an association under the French law of 1901.
Provence Evasion
14 impasse des Cèdres - 13390 Auriol
e-mail : contact@provenceevasion.com
Provence Evasion is a tourism association affiliated with APRIAM, registered with Atout France IM 73 100023 - Alpespace - Le Neptune - 50 Voie A. Einstein 73800 Francin
Financial guarantee: GROUPAMA 4000713451/0 - 8-10 rue d'Astorg 75008 PARIS
Professional liability: MMA IARD - policy A3.056.234 14 Bd M&A Oyon 72.000 Le Mans
Siret 539 889 147 000 10 - APE 9329Z - Intracommunity VAT FR 59 539 889 147
The entire Site (structure, presentation and content) constitutes a work protected by current French and international legislation on copyright and, more generally, on intellectual property.
12.2 Intellectual property ExpéNATURE website
The Producer is the owner, or holder, of the rights to all the elements that make up this Site, in particular the texts, data, drawings, graphics, photos, animations, sounds, including downloadable documents. All rights, including in particular the rights of exploitation, reproduction and extraction on any support, of all or part of the data, files and all elements appearing in the web pages of this Site, as well as the rights of representation and reproduction on any support, of all or part of the Site itself, the rights of modification, adaptation or translation, are reserved exclusively for the Producer, and any successors in title, subject to the pre-existing rights of third parties who have authorized the digital reproduction and/or integration into this Site, by the Producer, of their works of any nature whatsoever.
Any reproduction, representation, distribution or redistribution, in whole or in part, of the content of this Site by any means whatsoever without the express prior authorization of the Producer is prohibited, and would constitute an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code.
Reproduction of the Site's texts and web pages on paper remains authorized, subject to compliance with the following cumulative conditions: free distribution, compliance with the integrity and purpose of the documents reproduced (no modifications or alterations), compliance with the Site's purpose in the use of this information and elements, clear and legible citation of the source with mention of the Site's name, its Internet address and the Producer's copyright.
Copies of the documents contained in this Site may only be made for information purposes and exclusively for strictly private use. Any other reproduction or use of copies for other purposes is expressly forbidden.
Trademarks, company names and logos appearing on the Site are protected. Any total or partial reproduction of these trademarks or logos, made from elements of the Site without the express authorization of the Producer or its assignees is therefore prohibited, within the meaning of Article L 713 - 2 of the French Intellectual Property Code.
Authorization for reproduction and representation of photographs and videos. In the absence of written notification to the contrary on or before the end of the shooting week, the user's acceptance of the General Terms and Conditions of Sale constitutes authorization for the reproduction and representation of photographs and videos in the event of reporting. Consequently, and in accordance with the provisions relating to image rights and the right to a name, the user authorizes the producer to capture, represent and reproduce his image and his words from photographs and/or videos on all analog or digital media known or unknown to date, in all formats and technical processes existing or to come and by all means of broadcasting, photo or video exploitation, internet, multimedia or printed (press, brochures, posters...) known or unknown to date. The user acknowledges that he/she is fully entitled to his/her rights and may not claim any remuneration for the exploitation of the rights referred to herein. The user warrants that he/she is not bound by any exclusive contract relating to the use of his/her image or name. For any dispute arising from the interpretation or execution of the present contract, jurisdiction is expressly granted to the competent courts ruling under French law.
13. Hypertext links
The Site contains hypertext links to sites that are not published by the Producer. Consequently, the Producer cannot be held responsible for the content of sites to which the User may have access in this way.
The creation of hypertext links to the Site's home page is authorized. Links to specific pages of the Site (deep linking) are subject to prior authorization by the Producer.
The URL of the targeted page must be clearly indicated. The user site must not make the Site appear to be its own, misrepresent the content of the Site, or refrain from clearly indicating that the User is directed to the Site. Site pages must not be embedded within the pages of another site, but may be displayed in a new window. No "mirroring" of the Site, i.e. placing it online at another URL, is permitted.
14. User traces
Users are informed that, when they visit the Site, a "cookie" (a small file sent to the hard disk of the User's computer) may be automatically installed and stored temporarily in memory or on the User's hard disk. Site Users acknowledge that they have been informed of this practice and authorize the Producer to use it. They may refuse to accept cookies by configuring the browser installed on their system to warn them when a cookie arrives and to refuse it.
The "cookies" used on this Site and, possibly, other captures of environment variables, management of audit files and opening of the directory of temporary internet files (cache), will only be used for the purposes of analysis and optimization of the Site by the Producer, who undertakes not to make any other use of them.
15. Personal data
When using the Site, the User may be asked to provide various personal data.
The User declares that he/she has been informed of the automated processing of information, in particular the management of e-mail addresses. This file has been declared to the CNIL. The Producer is registered with the CNIL under number: 1298844.
Users' personal data are intended for the Producer, who is authorized to store them in computer memory, to use them, and to communicate them to third parties or to its technical and commercial partners, in order to enable Users to use the services and to enable Users to benefit from commercial offers for similar products or services.
The User acknowledges and accepts that the Producer may be required, in order to comply with applicable law, to disclose personal data concerning the User, in particular for the purposes of legal proceedings, to ensure compliance by Users with the General Terms and Conditions of Sale and Use of the Site, to respond to requests from police and gendarmerie authorities arguing infringement of the rights of third parties and more generally to protect the rights and interests of the Producer and its technical or commercial partners.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, amended by Act no. 2004 of August 6, Users have the right to access, modify, rectify or delete any data concerning them at any time. To exercise this right, they simply need to send a request to the Producer, indicating their surname, first name, e-mail address and the subject of their request, by e-mail: contact@expenature.fr or by post: 168, Avenue Wilson 13600 La Ciotat.
Information marked "mandatory" is essential for the management of the User's Order. Failure to provide optional information will not result in any difference in treatment whatsoever for the User.
The information entered is intended for the Producer, its subcontractors and its technical and commercial partners. The purpose of processing this information is to manage, secure and validate the Order, to combat Internet fraud and to send commercial offers. If the User does not wish to receive these offers by e-mail, simply tick the appropriate box. The commercial offers sent may only concern the Producer's offers and the commercial offers of its partners. Each time the User receives an e-mail, a link will allow him/her to indicate his/her opposition, for the future, to receiving new commercial offers.
16. Protection of minors
In application of article 1124 of the French Civil Code, non-emancipated minors are incapable of contracting. Consequently, Orders intended for minors must be placed by persons exercising parental authority.
In the event of accidental collection of personal data relating to a minor, persons exercising parental authority have the right to object to their retention by contacting the Producer.
17. Miscellaneous
These General Terms and Conditions of Sale and Use of the Site express the entirety of the obligations of the Parties with respect to their subject matter.
The User acknowledges and accepts that the fact that the Producer tolerates a situation does not have the effect of granting acquired rights. Such tolerance may not be interpreted as a waiver of the right to assert the rights in question at a later date.
If one or more stipulations of these Terms and Conditions of Sale and Use are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
18. Disputes
18.1. Proofs
The Producer may rely as proof of any act, programs, data, files, recordings, operations and other elements (such as monitoring reports or other statements) of nature or in computer or electronic format or medium, established, received or stored directly or indirectly by the Producer or its technical service providers, for example in any database.
In this respect, the recordings kept by the Producer's computer system or that of its technical service providers are expressly accepted as proof of communications between the Parties, use of the Site and payments made between the Parties, and are deemed authentic in the event of a dispute.
Orders and invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.
18.2. Applicable law
This Contract is governed by French law, to the exclusion of any other law or agreement, wherever the Site is used or the Services are performed. This applies to both substantive and formal rules.
18.3. Jurisdiction
In the event of a dispute, and if no amicable settlement is reached, the Producer and the User will refer the matter to the competent courts in the place where the Producer's head office is located, to which they expressly grant jurisdiction, including in the event of multiple parties, third-party proceedings or guarantee claims, incidental claims, even for summary proceedings or proceedings on petition.
18.4 Consumer mediation
In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within one year of the initial complaint.
The MEDIATION-NET mediator can be contacted directly online at the following address:
www.mediation-net-
19. Producer's contact details
Name: EXPENATURE
Legal form - RCS registration number and place :
EURL Siret 818 670 432 00017
Sole proprietorship Siret 494 281 611 00025
Address: 168, Avenue Wilson 13600 La Ciotat
Tel.: 06-80-74-40-99
Intracommunity VAT: FR20 81 8670 432
E-mail: contact[@]expenature.fr
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