GTC
These general conditions of sale apply to the site: www.mapmytrip.fr hereinafter referred to as the Site.
- Content, purpose and scope
These general terms and conditions of sale (hereinafter GTC ) apply to the exclusion of all other commercial conditions and in particular those applicable to sales on the Internet or through other distribution and marketing channels.
The General Terms and Conditions govern the relationship between Map My Trip – Individual Entrepreneur (hereinafter referred to as “ the Service Provider ”) and any natural person acting in a personal capacity and excluding any commercial activity or resale of services (hereinafter referred to as “ the Client ”) on the occasion of the sale of travel research, planning and organization services, hereinafter the Services, marketed on the website www.mapmytrip.fr
The Client is prohibited from reselling all or part of the Services to a third party and/or from making any use of them other than purely personal use. Any other use made by the Client of the Services gives rise to the right to invoicing and compensation for all damages related to this breach by the Client.
Any order, materialized by the signature and unreserved acceptance of the quote, hereinafter the Order, implies unreserved acceptance of these General Terms and Conditions. The General Terms and Conditions are transmitted as an appendix to the quote sent by the Service Provider.
The Customer declares to have read the General Terms and Conditions and to have expressly accepted them before placing his Order.
In the event of unilateral modification of the General Terms and Conditions by the Service Provider during the creation of a trip or provision of a service, only the version in force on the date of acceptance of the quote will be in force between the Parties.
- Nature of services
travel planning services . As such, it advises its Clients to facilitate the organization of their trips.
The Service Provider makes suggestions to its Clients based on their needs. The Client always remains the final decision maker when choosing travel options (local agency, transportation, accommodation, etc.) suggested by the Service Provider. These suggestions are not binding on the Client.
The travel options suggested by the Service Provider are identified as the most relevant to meet the Client’s needs. The Service Provider is completely independent of the service providers it may recommend to its Clients.
Services provided by Map My Trip, a travel planning company – advice and assistance in travel organization are as follows:
- research related to the accommodation offer;
- research related to transport supply;
- research related to catering offers;
- research related to the supply of activities and leisure;
- research related to guide support during the trip;
- advice on procedures and administrative formalities before departure;
- writing a summary of the research in the form of a travel diary.
The Services provided by the Service Provider are described on the website www.mapmytrip.fr.
- Pre-contractual information
The Service Provider communicates to the Client information relating to its contact details, its activity and other contractual conditions.
This information is presented on the Site.
The following information is thus transmitted to the Client in a clear and comprehensible manner:
- the essential characteristics of the Services offered,
- the Price of the Services appearing in the quote expressly accepted by the Client,
- the status and legal form, SIRET number and contact details allowing you to get in touch quickly and communicate directly with him.
The General Terms and Conditions are sent to the Client, simultaneously with the quote.
They are signed and expressly approved by the Client who returns them initialed and signed, with the quote.
- Quote and conclusion of the order/contract
The Service Provider intervenes at the express request of the Client. A quote detailing the services, which is valid as a contract, is produced for each order. This document, sent by the Service Provider to the Client, specifies:
- the nature of the service,
- the price of the service, excluding taxes
- the amount of any discounts and commercial gestures
- payment terms ,
- the reminder of the Client’s full and complete acceptance of the General Terms and Conditions.
To confirm his order firmly and definitively, the Customer must return this quote without any modification, by email with the expression of the customer’s consent “Good for agreement. Done on XXX at XXX” as well as his signature.
The quote will state its validity period. Upon expiry of this period, the quote will be deemed null and void and the Service Provider will be released from all its obligations.
The validity period of the quote may be extended exclusively by the Service Provider.
Once the Customer has expressly accepted the signed quote and the General Terms and Conditions and sent them to the Service Provider by email, he is considered to have placed an Order with the Service Provider.
From this moment on, the General Terms and Conditions govern all rights and obligations of the Parties.
Notwithstanding the transmission of the Order by the Client, the Service Provider remains free not to accept the mission, whatever the reason, until the signature of the quote and its transmission by email by the Client.
- Price
The Price of the Services are expressed in euros – € / excluding tax – excluding VAT.
The Price includes all fees, charges and expenses in effect at the time the quote is signed and the Order is placed.
The Service Provider is not subject to VAT pursuant to the provisions of Article 293 B of the CGI.
If the Service Provider is subject to VAT during the assignment, this will be reflected in the Client’s invoices.
A regularization invoice will subsequently be sent to the Customer.
For your information, the current rate is 20%.
A deposit of 50% of the total amount of the order is invoiced upon validation of the order by the Service Provider.
A balance invoice is sent to the Client upon finalization of the travel diary. The balance is due before delivery of this final travel diary.
Payment is made by bank transfer.
- Payment terms
Deposit and balance invoices are payable upon receipt. Payment is by bank transfer only. No discount will be granted for early payment.
- Late payment
Any delay or failure to pay will automatically result in:
- the immediate payment of any amount remaining due,
- payment of the statutory lump sum compensation for recovery costs of €40,
- the right for the service provider to suspend the execution of the current service and to postpone any new order or delivery.
- Responsibilities and claims
The Provider offers a travel optimization service and, as such, provides exclusive consulting services. It is not a travel agency. Therefore, it never makes reservations on behalf of the Client.
The Service Provider is therefore subject to an obligation of means and not to an obligation of results, which depends, in particular, on the information transmitted by the Client for the preparation of the Service (choice of destination, number of participants, age of participants, specifications, budget, etc. ).
The information transmitted by the Client and taken into account is that mentioned on a form to be completed by the Client and/or recorded by the Service Provider during a further telephone interview.
This information is recorded in a report sent by email by the Service Provider to the Client.
In the event of modification of the data initially transmitted by the Client, additional invoicing may be carried out.
The Client is the only one to be contractually bound with the tourism providers (accommodation, transport, activity or any other service offered by the Provider) and subscribed to by the Client.
The provisions relating to travel organizers and applicable between them and the Client are expressly excluded by the Parties and the Service Provider is only required to provide research and advice. The General Terms and Conditions do not confer any express or tacit mandate on the Service Provider to contract in the name and on behalf of the Clients.
The Provider is in no way responsible for reservations made directly by the Client (transport, accommodation, activities, leisure, choice of voluntary work, etc.)
The Client is deemed to be aware of the need to activate the links offered by the Service Provider as soon as possible after receiving them (links allowing a reservation to be made).
The Provider is not responsible for changes made by third-party providers (companies, comparison sites, hotels, etc. ).
The Service Provider is not a Party to the contracts entered into between the Client and the tourism service providers offered (companies, comparators, hotels, restaurants, etc. ) and cannot be held responsible for any difficulties or disputes arising from the conclusion or execution of these contracts (modification of contracts, cancellation of contracts, contractual damages, etc. ).
Under no circumstances may the Services be assimilated or reclassified as subcontracting of travel service provision.
The Service Provider may not be ordered to raise and guarantee any conviction which should be pronounced against one or more of the accommodation, transport or leisure providers which it has proposed to the Client.
The Service Provider cannot, under any circumstances and for any fault whatsoever, be held responsible for the actions of tourism service providers and/or their employees and/or any third party required to provide services to the Client.
The Service Provider cannot be held responsible for climatic, economic, social or health hazards occurring during the Client’s trip.
If the Customer is unable to complete their trip for reasons not attributable to the Service Provider, no refund will be made.
The Service Provider will not be required to provide replacement services in the event of prevention or cancellation of the trip by one of the service providers chosen by the Client or in the event of the occurrence of any event beyond its control.
The Client may not request any compensation of any kind in this regard.
In any event, the liability of the Service Provider will be expressly limited to the Price paid by the Client, any dispute and any damage combined and for the entire duration of the performance of the Services.
In the event of any complaints, these should be addressed by the Client to the Service Provider at the following address: contact@mapmytrip.fr
- Cancelation
The cancellation of any order placed must be received by the Service Provider no later than 24 (twenty-four) hours following the transmission of the quote and General Conditions of Sale signed by the Client.
This cancellation is sent by email to contact@mapmytrip.fr
After this period, and except in cases of force majeure, the amount paid as a deposit will be deemed to have been acquired by the Service Provider.
- Non-application of the withdrawal period
The Service Provider draws the Client’s attention to the provisions of Article L.221-18 of the Consumer Code:
“The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone or off-premises canvassing, without having to justify his decision or bear any costs other 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° Of the conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4.
As well as the provisions of article L.221-28 of the consumer code:
“The right of withdrawal cannot be exercised for contracts:
1° Of the supply of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;
To the extent that the Service Provider performs the services within fourteen days following the conclusion of the contract resulting from the return by the Client of the signed quotes and general conditions of service, the Client expressly declares that he waives his right of withdrawal.
This waiver is materialized on the quote sent by the Service Provider.
- Intellectual property
All intellectual property rights protecting the technical documents, products, drawings, illustrations and photographs provided to the Client remain the exclusive property of the Service Provider, the sole holder of the intellectual property rights to these documents.
No rights of any kind are transferred by the Service Provider to the Client on the media transmitted during the performance of the Services.
The Client undertakes to use the documents submitted by the Service Provider exclusively for its own personal use and not to make any use of them that could infringe the Service Provider’s industrial or intellectual property rights. In particular, it undertakes not to disclose them to any third party.
- Disputes
In the event of a dispute between the Client and the Service Provider, they will endeavor to resolve it amicably (the Client will send a written complaint to the Service Provider).
In the absence of an amicable agreement or in the absence of a response from the Service Provider within a reasonable period of one (1) month, the Consumer Client within the meaning of Article L.133-4 of the Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the Consumer Code.