General conditions of sale
General conditions of sale of “Vos Vacances à Saint
These general terms and conditions of sale apply to all the services offered by the company “Vos Vacances à Saint Malo” and hereinafter referred to as “Vos Vacances à Saint Malo”. The customer declares to have understood the current general conditions of services and to have accepted
them without reserve before ordering by return the estimate or the offer made by the service providers.
The nullity of a contractual clause does not entail the invalidity of the general conditions of provision of services unless it is an impulsive and decisive clause that led one of the parties to conclude the contract of sale. The customer is deemed to have accepted without reser vation all the provisions of these terms and conditions. Please contact us should you have any queries,
Article 1: Object :
The present general terms and conditions of sale establish the contractual conditions exclusively applicable to the range of servic es whose list follows: advice and accompaniment in the choice of activities of the holiday makers / travellers in Saint Malo and its surrounding region.
The advice and services provided by “Vos Vacances à Saint
Malo” does not relate to the agents nor the p ropositions and services offered to customers (such as, for example, any elements relating to the quality, safety, financial guarantees and performance of these providers and their
benefits). The choice of these agents will finally fall back to the custome rs who enter into direct contact with these service providers.
In any event, the cancellation of activities with the agents providing the activity is subject to the terms and conditions of each individual agent. “Vos Vacances à Saint Malo” can not be invol ved in these proceedings and/ or cancellations which is exclusively the concern of the customer and the agent and provider of these activities.
No form of contract binds “Vos Vacances à Saint-Malo” to the individual agents. As a whole, the advice or support service of “Vos Vacances à Saint-Malo” does not include the prices and individ-ual services of the individual agents who will deliver the activity (s). The services relating to ac-commodation, transportation are not provided by “Vos Vacances à Saint-Malo”.
“Vos Vacances à Saint-Malo » may, as an additional extra service, and at the request of the client, suggest a choice of accommodation and inquire about costs and transport schedules. The customer independently doing his own thing about the booking of his stay and his means of transport.
Therefore the provisions of articles L. 211 1 and adhering to the Code du Tourisme (French Tourism Code) are inapplicable to the services proposed by “Vos Vacances à Saint Malo”.
Pre contractual information and Quotations Prior to the immediate purchase and or making the booking and the finalising of the contract, these general terms and conditions of sale are conveyed to the customer, who s ubsequently will acknowledge having received them.
A free and personalised quote will be made by “Vos Vacances à Saint Malo” on the basis of information provided by the customer. It will be sent to the customer by post and or by email as preferred,
It will specify, in a clear and comprehensible way, the following information:
– the actual service required;
– the overall price of the actual service required or the method of calculating the total price (the price, the hourly rate, the flat rate or the proposal) and, if applicable, any or all of the additional transport costs, delivery or postage and any other eventual costs;
– the date or time at which the agent undertakes to perform the service, regardless of its price, and any other contractual conditions;
– the means provided for the processing of any claims;
– the contract duration when it has come to an end for a fixed period, or the conditions of its termination in the case of a contract of an indefinite time span;
– Any surcharges or extra costs applied, especially in particular due to an emergency or depending on the time period (such as a Saturday, a Sunday and during bank holidays).
Article 3 -Modification of the general terms & conditions
The service provider reserves the right to modify its terms and conditions at any time, subject to informing customers individually. Any modification of the general conditions of sale will be presumed to be accepted by the customer who, having been informed by an ordinary unsigned
correspondence, did not express their objection within a period of 14 days. The general conditions applicable are those valid on the date of the order placed by the customer. The modifications of the general terms and conditions will be applicable to the contracts in progress provided that the duly informed client has not expressed his disapproval within the specified period.
Article 4 Quotations
A free and personalized quote will be made by “Vos Vacances à Saint-Malo” on the basis of information and any requests provided by the customer and will be sent by post or by email as requested. It will specify:
-The required service
-The price of the service by the hour, the fixed price or the total proposal
-The lead time period *, agreed by mutual agreement between the customer and subject to receipt of the deposit and up to date of payment of previous monies.
“Vos Vacances à Saint-Malo” is committed to respecting these but in no case their overcharging will be able to give rise to the cancellation of the order or to benefit any damages and interest for the benefit of the contracting party.
The quotation drawn up by the agent must mention a period of validity beyond which the information supplied will no longer be valid.
Article 5 – Fulfillment of the service and cancellation of the contract
After final acceptance of the estimate, the customer must return it without any modifications, by any means at its earliest convenience, duly signed with the words “bon pour accord” (duly agreed). This must be included with the up to date “Conditions Générales de Presatations”
(General Conditions of Service Provisions) signed and marked “lu et approuvé” (read and approved) together with a deposit of 30%.
Any quotation signed will be considered final and duly due by the customer. The start of the work will begin once the deposit has been received and the payment of the
subsequent balance will be paid upon receipt of the invoice. The client will agree to convey “Vos Vacances à Saint-Malo” with all the required material and
information necessary or a successful commission. Any oversight on the part of the client will lead to a delay or an eventual cancellation of the order.
Any information relating identity of the agent (s), their contact details, postal address, telephone and email address, etc, and their occupation should only be transmitted by “Vos Vacances à Saint-Malo” after the successful total payment of the balance of the invoice,
Except in case of force majeure, any deposit paid for the order is kept with full rights and can not give rise to any refund or duplication.
Article 6 – Exceptions to the withdrawal period
The services provided by “Vos Vacances à Saint-Malo” are in accordance with the clause of Article L. 221-28 of the Code de la Consommation (French Consumer Code), leisure activities that must be provided within a specific date or period. Consequently the withdrawal period as set in Articles L. 221-5, L. 221-18, L. 221-19 of the Code de la
Consommation (Consumer Code), for, notably mail order, distance and outside sales, repeated hereinafter in these terms and conditions, does not apply to the services offered by “Vos Vacances à Saint-Malo”:
Prior to the conclusion of a contract for the sale or supply of services, the trader will contact to the customer, in a legible and understandable manner, the following information:
1 ° The information provided for in Articles L.111-1 and L.111-2;
2 ° When the right of withdrawal does exist, the conditions, the period and the working methods of this right as well as the standard form of withdrawal, the presentation conditions and the information it contains are fixed by decree by the Conseil d’Etat (State Council)
3 ° Where appropriate, the fact that the consumer bears the costs of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, by reason of their very nature, the goods can not normally be returned by mail;
4 ° Information on the consumer’s obligation to pay fees when the consumer exercises his right of withdrawal from a contract for the service provision, the supply of water, the supply of gas or electricity and the subscription to a district heating network for which he expressly requested
the execution before the end of the cooling-off period; these fees are calculated according to the terms set out in Article L. 221-25;
5 ° When the right of withdrawal can not be exercised pursuant to Article L. 221-28, the information that the consumer does not benefit from this right or, as the case may be, the circumstances in which the consumer loses his right to retraction ;
6 ° The details of the contact information of the professional, if applicable the costs of using exterior communication methods, the existence of codes of conduct, where applicable to the sucreties and guarantees, the terms of termination, means of legal dispute and other contractual conditions, the list and contents of which are set by decree of the Conseil d’Etat.
In the case of a public auction as defined by the first paragraph of Article L. 321-3 of the Code de Commerce (Commercial Code), the information relating to the identity, postal, telephone and email contact details of the trader provided for in 4 ° of Article L. 111-1 may be replaced by those of the representative.
The consumer has a period of fourteen days to exercise his right of withdrawal of a contract agreed and concluded by correspondence, following a telephone conversation or off-premises, without having to justify his decision or to bear any other costs than those provided for in Articles L.221-23 to L.221-25. The period mentioned in the first paragraph runs from the day ;
1 ° The conclusion of the contract, for service contracts and those mentioned in Article L.221-4;
2 ° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off premises, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order for
several goods delivered separately or in the case of an order for goods consisting of lots or multiple parts whose delivery is spread over a defined and specified period, the period runs from the receipt of the last goods or lot or the final item. For contracts providing for regular delivery of goods during a defined period, the period runs from receipt of the first goods.
In accordance with Council Regulation No 1182/71 / CEE du Conseil (EEC Council) of 3 June 1971 determining the rules applicable to time limits, dates and terms:
1 ° The day on which the contract is concluded or the day of receipt of the property is not counted within the period mentioned in article L.221-18;
2 ° The period starts at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period;
3 ° If this period expires on a Saturday, a Sunday or a bank holiday, it is extended until the next working day.
As part of the services provided by “Vos Vacances à Saint-Malo” the exceptions provided for in Article L. 221-28 of the Consumer Code apply and are recollected here below:
The right of withdrawal can not be exercised for contracts:
1 ° Provision of services fully performed before the end of the withdrawal period and whose execution began after expressed prior consent by the consumer and expressly waived his right of withdrawal;
2 ° Supply of goods or services the price of which depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;
3 ° Supply of goods made to the specifications of the consumer or clearly personalised;
4 ° Supply of goods likely to deteriorate or expire rapidly;
5 ° Supply of goods which have been unsealed and or opened by the consumer after delivery and which can not be returned for reasons of hygiene or health safeguards,
6 ° supply of goods which, after being delivered and by their nature, are mixed inseparably from other articles;
7 ° Supply of alcoholic beverages whose delivery is deferred beyond thirty days (30) and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8 ° Maintenance or repair work to be performed urgently in the consumer’s home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
9 ° Provision of audio or video recordings or computer software when unsealed or detached by the consumer after delivery;
10 ° supplying a newspaper, periodical or magazine, except for subscription contracts to such publications;
11 ° Concluded at a public auction;
12 ° Accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specified date or period.
13 ° Providing digital content not provided on a physical medium whose execution began after expressed prior consent of the consumer and expressly waived his right of withdrawal.
Article 7 – Price
Prices are fixed and final. Except in the case of special conditions specific to the sale of services, the prices of the services provided are those listed in the quote on the date of the order. They are shown in Euros (€) and stipulated all taxes included. It is reminded that:
The price of the services of “Vos Vacances à Saint-Malo” does not include the prices fixed by the providers for the delivery of their activities. The buyer, after making an informed choice, will pay directly to the agents of selected activities the price of their services. In addition, it must also be remembered that if the customer reserves his booking late with the selected agent (s) and that this activity is no longer available over the period envisaged by the customer, “Vos Vacances à Saint-Malo” can not be held responsible for the lack or non-performance of service providers.
The execution of this consultancy contract being perfect “Vos Vacances à Saint-Malo” will maintain the integrity of the fixed price
Article 8 – Payment
Unless otherwise expressly provided for in the Special Conditions, payment of the price shall be made in the form of a deposit of 30% from the date of receipt of the estimate and then in full of the balance before receipt of the documents making it possible to identify the service providers likely to provide the service or services.
In the event of a partial or total defaults on the services rendered, late payment penalties (at a rate of 1.5% per month) will be incurred without any reminder being necessary. They run automatically the day after the due date of payment of the invoice. Immediate payment of all
amounts due, as well as any litigation and procedural costs will be borne by the customer Article 700 du Code du Commerce ( of the Commercial Code).
In addition, in the event of non-payment of the invoice on the date due, “Vos Vacances à Saint- Malo” will have the right to suspend or cancel the provision of services requested by the customer, suspend the performance of its obligations, reduce or cancel any discounts granted to
Payments made by the client will only be considered final after actual receipt of the sums owed by the service provider before the rendering of advice.
Article 9 – Intellectual Property
All specialised documents, products, drawings, photographs given to customers remain the exclusive property of Gwénaëlle Lelièvre, sole owner of the intellectual property rights over these documents, and must be returned to her at her request.
Customers undertake not to make any further or additional use of these documents, which may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.
Article 10 – Competent jurisdiction
All disputes and litigation to which the operations of purchase and sale of services concluded under these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination and their consequences and which could not
have been resolved amicably between the service provider, seller and the customer, will be subject exclusively to the appropriated courts of SAINT-MALO under the conditions of common law.
Article 11 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of any legal dispute.
Article 12 – Mediation
In case of dispute, the contact details of the mediator to whom the consumer can turn are the following: Association of European Ombudsmen, House of the Bar, 2-4 rue de Harlay, 75001 Paris, http://www.mediationconso-ame.com /contacter-mediation-ame.html.
Article 13 – Applicable law
These general terms and conditions are subject to the exclusive application of French law. This is so for the substantive rules as for the rules of form. In case of any dispute or claim, the buyer will address in priority, and before any commitment to any procedure to the seller (or provider) to obtain an amicable solution.
DATED AT SAINT-MALO on March 1st, 2019