General terms and conditions of sale 2021
Article 1 – Contract
The general terms and conditions of sale set out the reciprocal rights and obligations between Alexandra DURAND (guide card n° GC183510P), head office at 1, rue du Bournay 35400 Saint-Malo, website www.visitesguidees-saintmalo.com, on the one hand, and her client, on the other.
The general terms and conditions of sale are valid as a contract approved by both parties when the customer sends a written order confirmation (see article 4).
Article 2 – Services
Alexandra DURAND undertakes to carry out the service(s) ordered in accordance with the conditions agreed with the Client: itinerary and content of the visit, dates, timetables, meeting points, end of the service, price.
The services offered include guided tours, lectures, courses or escorting/transferring.
Article 3 – Tariffs
The prices given on advertising materials (leaflets, tour descriptions, website) are given as an indication. The final price is agreed with the client after the service has been personalised. It is calculated in euros and exclusive of tax and is shown on the order confirmation estimate and the final invoice; VAT not applicable, art. 293B of the CGI.
Article 4 – Order confirmation and online booking
A written confirmation of order is requested from the client for any service in the form of a free estimate, which must include the client’s contact details, those of the group leader present during the visit, the dates, times and content of the visit, and the overall price.
The order confirmation is only final when the written, dated and signed document is sent with the deposit due.
For bookings made exclusively on the internet, the registration of a booking on the website www.visitesguidees-saintmalo.com is completed when the Client accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his/her booking. The Client has the possibility to check the details of his reservation, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract. It is therefore the Client’s responsibility to check the accuracy of the booking and to immediately report any errors. The sale of Services will only be considered final after the Provider has sent the Client confirmation of acceptance of the booking by e-mail and after the Client has received the full price. Any booking made on the www.visitesguidees-saintmalo.com website constitutes the formation of a contract between the Client and the Provider. Alexandra DURAND reserves the right to cancel or refuse any booking from a Client with whom there is a dispute over payment of a previous booking.
Article 5 – Deposit
A deposit of 30% of the total amount due is required for each service. Receipt of this deposit is considered as final confirmation of the order placed by the client.
The deposit must be paid at the latest 15 (fifteen) calendar days before the date of the service. The client has the option of paying the full amount of the service when ordering.
Article 6 – Overtime
Additional hours not provided for in the order will be charged at €50 (fifty euros) per hour.
Article 7 – Payment
The payment of the service can be made :
– In cash,
– By cheque made out to Alexandra DURAND, sent to 1, rue du Bournay 35400 SAINT-MALO,
– By bank transfer: the bank details are provided with the quotation sent to the customer,
– By credit card via redirection from www.visitesguidees-saintmalo.com via www.stripe.com
In accordance with the law, payment of the full amount of an invoice must be made within 30 calendar days of the date of service.
Article 8 – Late payment
In the event of an invoice not being paid in full within 30 (thirty) calendar days of the invoice date, a penalty of 15% of the total amount of the invoice will be charged to the customer without any reminder being made.
Any sum not paid on the due date shall also automatically give rise to the payment of a fixed indemnity of 45 (forty-five) euros due by way of collection costs (Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code).
Article 9 – Resolutive clause
In the event of non-payment of the deposit within the specified time, Alexandra DURAND reserves the right to cancel the service. If an invoice is not paid within 45 (forty-five) calendar days of the date of the service, Alexandra DURAND may claim damages.
Article 10 – Change of service
The client may request a change to the service initially planned. This will be the subject of a new estimate which must be approved by the client. Late changes will not be subject to a new quote; email exchanges will have legal value in the event of a dispute. Changes will be made within the limits of Alexandra DURAND’s capacity.
Article 11 – Assignment of services
A service can be transferred to a third party if Alexandra DURAND is notified before the date of the service.
Article 12 – Cancellation of service
The payment made at the time of the online purchase (or 30% of the total amount due) is entirely due in case of cancellation by the client within 7 (seven) days before the service. E.g.: service on a Monday, cancellation without charge up to and including the previous Monday.
The full price of the service is due in case of cancellation the day before the service. These cancellation conditions are valid except in cases of force majeure.
Alexandra DURAND undertakes to reimburse the deposit paid in the event of cancellation by her.
Article 13 – Punctuality
Both parties undertake to arrive at the meeting place indicated in the order confirmation 15 (fifteen) minutes before the start of the visit, and to give prompt notice in the event of delays or last-minute changes.
Alexandra DURAND cannot be held responsible for any reduction in the duration of the service provided in the event of the Client’s delay.
Article 14 – Force majeure
In application of article 1148 of the French Civil Code, Alexandra DURAND cannot be held responsible for events beyond her control (weather conditions, changes to the service due to unforeseen circumstances, unexpected closure of a site visited, group comfort conditions, lack of parking space, accidents, terrorist acts, etc.).
Article 15 – Liability
Alexandra DURAND cannot be held responsible for any damage or deterioration caused by the Client and his/her group during the service (works and premises of museums, elements of an architectural site, damage caused to a third party, damage caused to oneself, etc.).
The civil liability of the parties may be claimed. Alexandra DURAND is insured by the MMA in Rue Ville Pépin, Saint-Malo (contract n° 144711425).