Translation for information only – Only the original text in French is binding.
Anoli Tours EURL
GENERAL TERMS AND CONDITIONS OF SALE
Article 1 – Definitions
– “Driver refers to the driver of a Vehicle
– “Client” refers to:
– Any natural person of lawful age who has made his or her own personal reservation.
The Company does not accept reservations from unaccompanied minors.
– Any natural person (employee, client, supplier) with a reservation on behalf of a legal entity as a passenger.
– “Professional Client” refers to any legal entity with legal personality that has provided a SIRET registration number to the Company and has entered into a service agreement with the Company
– ” Order/ Booking” refers to any confirmed Service reservation made by the Client or Professional Client from the website, by email or by telephone in accordance with the General Terms and Conditions
– “General terms and Conditions” refers to the conditions of use of the Service provided which must have been expressly accepted by the Client or the Professional Client prior to the Service being performed by the Company
– “Service” refers to passenger transportation services in shared or private vehicles provided by the Company
– “Website” refers to the website: www.anolitours.com
– “Company” refers to Anoli Tours EURL (a private limited company under sole ownership).
– “Vehicle” means any vehicle used by the Company to supply the Services.
Article 2 – Object
ANOLI TOURS is a private limited company under sole ownership (EURL) with a capital of Two Thousand Euros (2 000 euros) whose registered office is at 52 Rue de la Rivière, Châteauboeuf in Martinique, registered at the Fort de France Trade and Companies Register under number 832 243 315.
And holder of the Transport Licence N°2017/02/0000079.
The Company supplies the Services solely to individuals (excluding unaccompanied minors) or legal entities with legal personality, requiring transport by Vehicle within the predefined terms and conditions.
ANOLI TOURS primarily offers personalised guided tours/visits across the island of Martinique aboard an 8-seater minibus. As such, the Company is registered at the Register of Public Road Passenger Carriers.
The purpose of these General Terms and Conditions is to define the reservation conditions and implementation of the Service, as well as the conditions of use of the website. They are available on the Company’s website, as well as on written request at the Company’s registered office address.
The Company reserves the right to modify the terms of the General Terms and Conditions (hereinafter referred to as the Agreement), in whole or in part, at any time and without prior notice. The applicable provisions will be those in force on the day of confirmation of the reservation.
The Client must be aware of the current Terms and Conditions these conditions before booking.
By placing the Order, the Client acknowledges having read the Agreement and accepts its terms fully and irrevocably, to the exclusion of any other document such as a prospectus, issued by the Company, which have only an indicative value.
Article 3 – Terms of Order
The Client may book the Service by sending an email to the Company, or by contacting the Company by telephone. Reservations are subject to availability.
– By email
To book the tour, the Client may send e-mail at the address specified on the Website at least 24 hours before the scheduled time providing all the information necessary to secure a return call from the Company.
– By telephone
The Client may also book the tour at least 24 hours before the scheduled time.
In the exceptional case that the Client is not able to receive written confirmation before the scheduled time of the tour, all information relating to his/her reservation, such as the time and place of departure of the excursion as well as the suggested clothing, will be communicated verbally.
Accepted orders are systematically confirmed in writing by email or, failing that, by SMS.
In the event that the Customer does not show up at the scheduled time, the Driver is free to continue with his journey plan fifteen minutes later.
The Driver may refuse to allow a client to board if his /her behaviour is inappropriate to the comfort or safety of the vehicle’s passengers (drunkenness, aggressive behaviour, etc.).
The Customer undertakes to behave on board the Vehicle in a manner which is not contrary to the rules of common sense and in compliance with the French laws and regulations in force. These rules concern in particular, but are not limited to , the wearing of seat belts and bans on smoking and the transport of flammable, explosive, corrosive , toxic or illegal substances. Failure to comply with this stipulation shall engage the Client’s responsibility.
The Company reserves the right to refuse access to the Vehicle or to disembark any Client who contravenes the regulations or whose behaviour is clearly likely to put the Vehicle, the Company, the Driver, other passengers or third parties at risk without the latter being able to demand any form of reimbursement or compensation.
At the Client’s initiative
Cancellations of Orders may be made by Internet or telephone at the latest 24 hours before the scheduled time of the tour, and only by telephone or SMS afterwards.
The Client is required to comply with the procedures set out in the terms and conditions of the Order and performance of the Service. If a procedure is not respected by the Client on his own initiative and had the effect of preventing the performance of the service, its full amount will be due. In particular, in the event of the Client not showing up at the time and place specified in the booking confirmation, for the tour, without prior notice to the Company, no refund will be granted.
At the Company’s initiative
If the Company has to cancel a reserved Service, the Client will be notified as soon as possible and will receive a written confirmation by email or SMS. The Company will then reimburse the amount of any sums paid for the Service, and an indemnity equal to 30% of this amount will be granted to the Client in the form of a credit note valid for a future booking of services.
Article 4 – Financial conditions
The prices charged by the Company are fixed in advance and take into account the distance to be covered, the foreseeable duration of the journey, the time of day and the date.
The prices mentioned on the website are inclusive of VAT at the current rate. These prices are subject to change at any time; however the Company guarantees the application of the price list in force at the time of the Order.
The Customer determines the payment method when ordering: by phone or directly from the Driver by credit card or cash for the amount agreed on the reservation.
Article 5 – Methods of performance of the Service
The vehicle can carry a maximum of eight (8) passengers.
In order to guarantee the safety of passengers, luggage must be deposited in the areas reserved for this purpose. They may not be carried on board the Vehicle on the seats or in the passageways. luggage remains the entire responsibility of the Client. The Driver cannot be asked to supervise them. The Driver may refuse luggage that is excessive in weight or size, as well as luggage that he considers detrimental to transport safety.
The Client is fully responsible for the content of his/her luggage. The Company cannot be held liable for the loss, theft or damage of the customer’s luggage during the performance of the Service.
The Company is not responsible for any objects or personal effects left in the Vehicle.
Any item found in a Vehicle shall be deposited at the Company’s registered office, and the Customer may collect it within three (3) months of the date of performance of the Service.
When specifically requested in the booking, the company will provide, free of charge, 1 baby seat for infants up to 9 kg and 1 child seat. If it appears at the time of the tour that such equipment is necessary without the Company having been notified by the Client or without having been provided for by the Client, the Company may cancel the Service under the conditions provided for in Article 3 of these General Terms and Conditions of Sale.
Pets are not allowed, except for guide dogs, provided they do not jeopardise the safety of the Driver and other passengers.
In certain circumstances, the Company reserves the right to provide Clients with a replacement vehicle that may not bear the Company’s logo.
Article 6 – Liability of the Company
The Vehicle made available to Client complies with the technical standards imposed by the current French regulations, in particular those concerning the road transport of passengers by vehicle not exceeding nine seats including driver.
Drivers are professionals, holders of a valid driving licence and are required to comply with the regulations of the Highway Code, in particular the speed limits.
The Company undertakes to carry out the Service as soon as possible and under optimal security conditions.
The Company declines all responsibility for delays resulting from a case of force majeure as defined by the Courts and case law, and more generally, in the following cases: computer failure or telecommunications network failures preventing online services, strikes, demonstrations, bad weather, traffic accidents disrupting car traffic, traffic jams of an unpredictable magnitude.
It is expressly agreed that delays attributable to the Client and transport delays due to unforeseen traffic difficulties (traffic jams, accidents, detours, weather conditions, miscellaneous events, etc.) do not give rise to compensation of any kind.
To be taken into account, any claim for compensation must be expressed on the same day as the service is provided and must be received at the Company’s registered office within a maximum period of one month from the date of the tour by registered letter with acknowledgement of receipt.
Article 7 – Client’s liability
The Client is required to respect the time schedules as well as comply with the terms and procedures described in these General Terms and Conditions.
Any damage or deterioration of the Company’s equipment or the Vehicle by the Client will be invoiced to him or her for the cost of repair and / or replacement of the equipment.
Article 8 – Insurance and Guarantees
The company is guaranteed by a creditworthy insurance company covering risks linked to its activities in accordance with the current legislation.
The Company has taken out a professional liability insurance policy as well as a car insurance. Upon entering the Vehicle and until their getting off, Passengers, third parties vis-à-vis the Driver, are covered for all personal injury, material and immaterial damage that they may suffer as a result of a traffic accident, except for damage caused by their fault. The amounts of compensation will be limited to those granted by the Company’s insurance policies.
Article 9- Data Protection Act
In accordance with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978 on data processing, files and liberties, modified by the Act No. 2004-801 of 6 August 2004, the Client has the right to access, modify, rectify and delete his / her personal data . The Client may exercise this right by sending a letter to the Company’s registered office.
Article 10- Miscellaneous provisions
– If the Client is a consumer, pursuant to Article L121-20-4 of the Consumer Code, the Customer does not benefit from the right of withdrawal:
Article L121-20-4 of the Consumer Code
“The provisions of Articles L 121-18, L121-19, L121-20 and L. 121-20-1 shall not apply to contracts relating to:
1° The supply of standard everyday consumer goods to the consumer’s place of residence or workplace by distributors making frequent and regular rounds;
2° The provision of accommodation, transport, catering and leisure services which must be provided on a specific date or at regular intervals.
The provisions of Articles L. 121-18 and L. 121-19 shall , nevertheless, apply to contracts concluded by electronic means where their purpose is to provide the services mentioned in 2°”.
Article L121-18 of the Consumer Code:
Without prejudice to the information referred to in Articles L111-1, L111-2 and L113-3 and to that provided for the application of Article L214-1, the contract offer must include the following information:
1° The name of the seller of the product or the service provider, his / her telephone details enabling effective contact to be made with him, his / her address or, in the case of a legal entity, its registered office and, if different, the address of the establishment responsible for the offer;
2° The delivery costs where applicable;
3° The terms of payment, delivery or execution;
4° The existence of a right of withdrawal and its possible limits save for cases where this right is excluded;
5° The duration of the validity of the offer and its price;
6° The cost of using the remote communication system when it is not calculated by reference to the standard rate;
7° Where applicable, the minimum duration of the proposed contract, when it relates to the continuous or periodic supply of a good or service.
This information, the commercial nature of which must be unambiguous, shall be communicated to the consumer clearly and comprehensibly, by any means compatible with remote communication system used.
If telephone canvassing or any other similar technique is used, the professional must explicitly indicate his identity and the commercial nature of the call at the beginning of the conversation
Article L121-19 of the Consumer Code:
- – The consumer must receive the following in writing or on another durable medium available to him, in good time and at the latest at the time of delivery:
1° Confirmation of the information mentioned in 1° to 4° of Article L121-18 as well as that indicated in Articles L111-1, L111-2 and L113-3 as well as those provided for the application of Article L214-1, unless the professional has fulfilled this obligation before the contract was concluded.
2° Information on the conditions and modalities for exercising the right of withdrawal;
3° The address of the supplier’s establishment at which the consumer may make any complaint;
4° Information relating to after-sales service and commercial guarantees;
5° The conditions for terminating the contract when it is open ended or has a term of more than one year.
- – The provisions of this Article shall not apply to services provided once only by means of a distance communication system and invoiced through that system by the operator, with the exception of item 3.
III. – The means of communication enabling the consumer to monitor the execution of his order, to exercise his right of withdrawal or to exercise the guarantee shall only bear communication costs, excluding any specific additional costs’.
– If the customer is a Professional Customer, the Services corresponding to Missions in private service are the subject of commercial proposals associated with these General Conditions and transmitted by e-mail or by post, which are then the subject of a service contract whose specific conditions prevail over the provisions of the General Conditions.
– The cancellation by specific conditions of any of the provisions of the General Terms and Conditions shall not entail the nullity of all of them.
Article 11 – Dispute resolution
The Client may address any complaint to the Company by e-mail. The Client and the Company shall endeavour to resolve amicably any dispute arising out of the performance of the Services or any dispute relating to the interpretation, conclusion and performance of these General Terms and Conditions.
If no amicable agreement is reached within one month of the occurrence of a dispute, it will be submitted to the Commercial Court of Bordeaux, whose jurisdiction is expressly recognised by the Client, French law being the only law applicable to these General Terms and Conditions.