TERMS AND CONDITIONS
Last Updated: Janaury 16, 2023
1. Contractual relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By accessing and using the Services, you agree to be bound by these Terms which establish a contractual relationship between you and Private-Excursion.com. If you do not agree to these Terms, you will not be able to access or use the Services. Private-Excursion.com may immediately terminate these Terms or any Service in your behalf or, in general, cease to offer or prohibit the Services or any part thereof at any time and from time to time For any reason whatsoever.
Additional provisions may apply to certain Services, including rules specific to a particular event or to a particular activity or promotion, and these additional provisions will be communicated to you within the framework of the Services concerned. For the purposes of the Services concerned, the Supplementary Provisions shall be added to the Conditions, from which they shall be deemed to be part. The Supplementary Provisions shall prevail over these Conditions in the event of inconsistency in the Services concerned.
From time to time, Private-Excursion.com may make changes to the Terms and Conditions applicable to the Services. Changes will become effective upon posting by Private-Excursion.com, at this location, of the updated Terms or additional rules or conditions modified at the level of the Service concerned. By continuing to access or use the Services after such posting, you consent to be bound by the Terms as amended.
We collect and use personal information within the framework of the Services according to the provisions of the French law of protection of the private life. Private-Excursion.com may provide any claimant or insurer with any necessary information (including your contact information) in the event of a claim, litigation or controversy, which may include an accident, in which you and a Provider Third parties would be involved (including the driver of a transport company), provided that such information or data is necessary for the settlement of the complaint, dispute or controversy.
2. The Services
The Services constitute a technology platform for the users of the mobile applications or the Web sites of Private-Excursion.com, which are provided within the framework of the Services (each of which is designated “Application”), to organize and plan And / or logistical services with third party providers independent of said services, including independent third-party language service providers and third-party independent third-party translation services and third-party cultural services providers and third-party independent transport service providers And independent third-party logistics service providers. Unless otherwise agreed by Private-Excursion.com in a separate written agreement with you, the Services are made available to you solely for personal, non-commercial use. YOU ACKNOWLEDGE THAT Private-Excursion.com DOES NOT PROVIDE TRANSPORT OR LOGISTICS SERVICES AND DOES NOT ACCEPT AS A CARRIER AND THAT ALL OF THE TRANSPORT SERVICES OR LOGISTICS SERVICES ARE PROVIDED BY THIRD-PARTY INDEPENDENT PROVIDERS WHO ARE NOT EMPLOYED BY Private-Excursion.com.
Provided that you comply with these Terms, Private-Excursion.com grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to: (i) access and use the Applications on your device For your use of the Services only; And (ii) access to and use of any content, information and related materials that may be made available to you in connection with the Services, in each case solely for your personal, non-commercial use. All rights not expressly granted herein are reserved to Private-Excursion.com.
You may not: (i) remove any copyright, trademark or other proprietary notices from any part of the Services; (Ii) reproduce, modify, prepare derivative works, distribute, license, rent, sell, resell, transfer, publicly display, publicly represent, transmit, broadcast, or otherwise exploit any Services, except as expressly authorized by Private-Excursion.com; (Iii) decompile, reverse engineer or disassemble the Services except as permitted by applicable law; (Iv) insert links, mirror sites or framing of any part of the Services; (V) cause or initiate any program or script for the purpose of retrieving data (scraping), performing indexing, browsing data or, in any event, mining any part of the data Services or, to unduly burden or prevent the operation and / or functionality of any part of the Services; Or (vi) attempt to unauthorized access to, or deterioration of, any part of the Services or related systems or networks.
The Services and all related rights are and will remain the property of Private-Excursion.com. Neither these Terms nor your use of the Services shall be construed as transferring or granting you any right whatsoever to you: (i) the Services or in connection therewith, except for the limited license granted hereunder -above ; Or (ii) use or refer in any way to the name, logos, product and service names, trademarks or service marks of Private-Excursion.com.
3. Your use of the Services
To use most of the Services components, you must register and maintain a Personal and Active Services user account (the “Account”). You must be at least 18 years old or legally of age in your jurisdiction (if the age of majority is not 18) to obtain an Account. To register an Account, you will need to submit to Private-Excursion.com certain personal information such as your name, address, mobile phone number and age. You agree to ensure that your Account information remains accurate, complete and up-to-date. In the absence of accurate, complete and up-to-date information in your Account, including an invalid or expired payment method, you may no longer be able to access and use the Services Or Private-Excursion.com may terminate this Agreement with you. You are responsible for all activity that takes place on your Account and you agree to keep the security and confidentiality of your username and password at all times. Unless otherwise authorized in writing by Private-Excursion.com, you may only have one Account.
Conditions to be fulfilled and conduct of the user.
The Service is not open to persons under 18 years of age. You may not authorize third parties to use your Account and you may not allow anyone under the age of 18 to receive transportation or logistics services from third party providers unless you are accompanying them. You may not assign or, in any event, transfer your Account to any other person or entity. You agree to abide by all applicable laws when using the Services, and you may use the Services only for lawful purposes (eg, the transport of illegal or dangerous materials is prohibited). As part of your use of the Services, you will not cause any inconvenience, annoyance, nuisance or property damage, whether with regard to the Third Party Provider or any other party. In some cases you may be required to provide proof of your identity to access or use the Services and you agree that access to or use of the Services may be denied if you refuse to provide proof of your identity .
Sending text messages.
By creating an Account, you agree that the Services may send you information (SMS) messages in the normal course of business arising from your use of the Services. You can choose not to receive text messages (SMS) from Private-Excursion.com at any time by sending an email to contact@Private-Excursion.com stating that you no longer wish to receive such messages and the number The mobile device on which you receive the You acknowledge that exercising your option to withdraw text messaging service (SMS) may affect the use of the Services.
Private-Excursion.com may, at its sole discretion, create promotional codes that may be used to obtain Account credits, or other functions or benefits related to the Services and / or Services of a third party Provider, subject to any provision Added by Private-Excursion.com on a case-by-case basis for promotional codes (the “Coupon Codes”). You agree that the Promotional Codes: (i) are to be used legally by the public for which they are intended and for the purposes intended; (Ii) may not be duplicated, sold or transferred in any way, or made available to the public in general (whether posted on a public forum or otherwise) unless expressly authorized by Private-Excursion.com; (Iii) may be deactivated by Private-Excursion.com at any time for any reason without liability of Private-Excursion.com; (Iv) may only be used in accordance with the specific conditions established by Private-Excursion.com for each Promo Code; (V) are invalid to receive cash; And (vi) may expire before being used. Private-Excursion.com reserves the right to decline or reduce credits or other functions or benefits obtained through the use of Promotional Codes by you or any other user in the event that Private-Excursion.com deems or Use or redemption of the Promo Code has occurred in a manner that is erroneous, fraudulent, illegal or contrary to the conditions applicable to the Promo Code or these Terms.
Content provided by the user.
From time to time, Private-Excursion.com may, at its sole discretion, permit you to submit, download to the server, publish or otherwise make available to Private-Excursion.com via the Services Content and textual, audio and / or visual information, including comments and feedback on the Services, the initiation of requests for assistance and the submission of responses or achievements in the context of competitions and Promotions (“User Content”). Any User Content that you submit remains your property. However, by submitting User Content to Private-Excursion.com, you grant to Private-Excursion.com a worldwide, perpetual, irrevocable, royalty-free, royalty-free, license with the right to sublicense, use, Copy, modify, create derivative works, distribute, publicly display, publicly represent and otherwise exploit, in any way, such User Content in all formats and all distribution channels currently known or to be designed Successively (including within the framework of the Services and the activity of Private-Excursion.com as well as on sites and in the framework of third party services), without further notice to you or your consent, and without any requirement To make a payment to yourself or any other person or entity.
You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or have all rights, licenses, consents and disclaimers to grant to Private-Excursion.com the license to the User Content As set out above; And (ii) neither the User Content nor the fact that you have submitted, uploaded to the server, published or otherwise made available such User Content or even use by Private- Excursion.com User Content as granted herein shall not infringe, infringe or infringe the intellectual property or proprietary rights of any third party, or any publicity or privacy rights, Nor will it give rise to any violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, contains slanderous writings, incites hatred, violence, is obscene, pornographic, illegal or, in any event, offensive, and Judged by Private-Excursion.com in its sole discretion whether or not such material is subject to legal protection. Private-Excursion.com may, but is not obligated to, review, monitor or remove User Content at the sole discretion of Private-Excursion.com and at any time and for any reason without notice to you .
Network access and devices.
It is your responsibility to obtain access to the data network used to use the Services. Fees and charges for the data and SMS traffic of your mobile network may apply if you access or use the Services from a wireless device, in which case you will be liable for such charges and tariffs. It is your responsibility to equip you and update the compatible hardware or devices required to access and use the Services and Applications and any updates thereto. Private-Excursion.com does not warrant that the Services or any part thereof may be used on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that the use of the Services may incur charges for goods or services you receive from a Third Party Provider (the “Fees”). After you receive goods or services obtained using the Service, Private-Excursion.com will facilitate the payment of the corresponding Fees by acting on behalf of the Third Party Provider as a limited collection agent of that Third Party Provider. The payment of the Charges made in this way will be considered as a payment directly made by you to the Third Party Provider. Fees will include applicable taxes if required by law. The fees you pay are final and do not give rise to reimbursement, unless Private-Excursion.com decides otherwise. You retain the right to request lower fees from a Third Party Provider for the goods or services you receive from the Third Party Provider at the time you receive the goods or services. Private-Excursion.com will therefore respond to any request from a Third Party Provider to modify the Charges for a given good or service.
All Fees are immediately due and payment will be facilitated by Private-Excursion.com using the preferred method of payment you have designated in your Account, following which Private-Excursion.com will send you a receipt by mail. If your primary method of payment as indicated in your Account is found to have expired, being invalid or, in any event, impossible to debit, you agree that Private-Excursion.com may, as agent of The Third Party Provider, use the second method of payment indicated in your Account.
Regarding the relationship between you and Private-Excursion.com, Private-Excursion.com reserves the right, at any time and at the sole discretion of Private-Excursion.com, to disable, delete and / or revise Costs of any goods or services or all of them obtained by using the Services. In addition, you acknowledge and agree that the Fees applicable in certain geographic areas may increase substantially during peak periods. Private-Excursion.com will use reasonable efforts to notify you of any applicable Fees, provided that you will be responsible for any Expenses incurred in connection with your Account, whether or not you are aware of such Fees or their amounts. Private-Excursion.com may periodically provide to certain users promotional offers and discounts that may involve the allocation of different amounts for equal or similar goods or services obtained using the Services and you agree that such promotional offers and discounts, Unless they have been made available to you, will not affect your use of the Services or the Fees charged to you. You may choose to cancel your request for goods or services from a third party Provider at any time prior to the arrival of such third party Provider, in which case a cancellation fee may be charged to you.
This payment formula is intended to fully compensate the Third Party Provider for the goods or services provided. No part of your payment is qualified as gratuity or gratuity to the Third Party Provider by Private-Excursion.com. Any statements by Private-Excursion.com that tips are “optional” “not required” and / or “included” in the payments you make for the goods or services provided is not intended to suggest that Private-Excursion.com Brings any additional amount outside of those described above to the Third Party Provider. You understand and agree that if you are free to offer an additional amount as a gratuity to any Third Party Provider providing you with the goods or services obtained through the Service, you are under no obligation to do so. Tips are optional. Upon receipt of goods or services obtained by you using the Service, you will have the opportunity to give an appreciation of your experience and to leave additional comments regarding the Third Party Provider.
Repair or maintenance costs.
You will be responsible for the cost of repairing the damage or necessary maintenance of the Third Party Provider’s vehicles and property arising from the use of the Services via your Account to the extent that it exceeds the damages due to normal “wear and tear” And the maintenance normally required (“Repair or Maintenance”). In the event that a third party Service Provider notifies you of the need for Repair or Maintenance, and such Repair or Maintenance request is acknowledged by Private-Excursion.com, at Private-Excursion.com’s discretion, Private-Excursion.com reserves the right To facilitate the payment of the reasonable cost of such Repair or Maintenance on behalf of the Third Party Provider using the method of payment indicated in your Account. The said amounts will be transferred by Private-Excursion.com to the Third-Party Provider concerned and will not give rise to a refund.
5. Exclusion; Limit of liability; compensation.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. Private-Excursion.com DISCLAIMS ANY CERTIFICATE AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, EXPRESSLY STATED INTO THIS TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MORE, Private-Excursion.com DO NOT DELIVER ANY CERTIFICATE, WARRANTY OR INSURANCE CONCERNING THE RELIABILITY, PUNCTUALITY, QUALITY, ADEQUACY OR AVAILABILITY OF THE SERVICES OR ANY PROPERTY OR SERVICE ARISING OUT OF THE SERVICES, OR THAT THE FUNCTIONING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Private-Excursion.com DOES NOT WARRANT THE QUALITY, APPROPRIATE CHARACTER, SAFETY OR CAPACITY OF THIRD PARTY SERVICE PROVIDERS. YOU ACCEPT THAT THE RISKS ARISING OUT OF THE USE OF THE SERVICES AND ANY WARRANTY OR SERVICE IN CONNECTION WITH THE LATTERS, WILL BE YOU IN FULL AND ARE YOU ONLY YOURSELF, TO THE FULLEST EXTENT GIVEN BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
Private-Excursion.com SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, BODILY OR RELATED DAMAGES RELATED TO OR RELATING TO ANY USE OF THE SERVICES OR, WHATSOEVER, ARISING OUT, EVEN IF Private-Excursion.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Private-Excursion.com SHALL NOT BE LIABLE FOR ANY DAMAGES, OBLIGATIONS OR LOSSES ARISING OUT OF: (i) WHATSOEVER YOU USED THE SERVICES OR YOU ARE LIABLE TO YOU OR IMPOSSIBLE FOR YOU TO HAVE ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Private-Excursion.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Private-Excursion.com WILL NOT BE LIABLE FOR ANY DELAY OR INEXECUTION, WHICH MAY BE DUE TO CAUSES EXEMPTING FROM REASONABLE CONTROL OF Private-Excursion.com. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING TRANSPORT SERVICES SOLICITATED UNDER CERTAIN APPLICATION MARKS MAY PROVIDE COVOITURING SERVICES OR TRANSPORT SERVICES FROM INDIVIDUALS TO PARTICULARS WITHOUT LICENSING OR PROFESSIONAL LICENSES TO DO SO. IN NO EVENT WILL THE TOTAL LIABILITY OF PERSONAL-EXCURSION.com FOR DAMAGES, LOSSES AND CAUSES OF ACTION WILL EXCEED THE AMOUNT OF FIVE HUNDRED EURO (EUR 500).
YOU MAY USE THE SERVICES OF Private-Excursion.com TO SOLICIT AND PROVIDE TRAVEL, PROPERTY SERVICES OR LOGISTICS SERVICES TO THIRD PARTY PROVIDERS BUT YOU AGREE THAT Private-Excursion.com HAS NO RESPONSIBILITY AND SHALL RESPOND YOU OF ANY TRANSPORT, GOODS OR LOGISTICS SERVICE PROVIDED BY THIRD PARTY PROVIDERS, EXCEPT AS EXPRESSLY SET FORTH HEREIN.
THE LIMITATIONS AND EXCLUSIONS OF THIS SECTION 5 DO NOT PREVENT LIMITATION OF LIABILITY OR AMEND ANY RIGHT BECOMING YOU AS A CONSUMER WHO CAN NOT BE EXCLUDED UNDER THE APPLICABLE LAW.
You agree to indemnify and hold harmless Private-Excursion.com and its directors, officers, employees and agents against all and any and all actions, demands, losses, liabilities and expenses (including, without limitation, Lawyers) related to or related to: (i) your use of the Services or goods or services obtained through your use of the Services; (Ii) a breach or breach by you of any of these Terms; (Iii) use by Private-Excursion.com of your User Content; Or (iv) a breach by you of the rights of any third party, including Third Party Providers.
Any change of date or content can not be guaranteed and will be subject to availability. Any request for cancellation or change must be received by email at firstname.lastname@example.org. Between 30 and 15 days before service, refund 90% of your payment. Between 14 and 4 days 50% refund of your payment. Less than 4 days, no refund.
When our service providers have to purchase tickets in advance and pay for it in the event of cancellation, we will keep the amount paid for these tickets. The conditions will be similar for the reason of strike.
Any interruption of the tour during its delivery, at the request of the customer, will not give rise to any refund.
If the tour or part of the tour can not be carried out due to weather conditions, it will not be refunded.
Every effort is made to provide photos that give the customer an insight into the services offered. These photos are intended to indicate the type or level of comfort and are not contractual.
Private-Excursion.com can not be held responsible for the loss or theft of personal belongings and luggage and can not guarantee the return of personal belongings and baggage left in vehicles or elsewhere.
It is the responsibility of the customer to verify that he / she is in possession of the necessary documents for his / her stay. No reimbursement will be granted in case of lack or loss of necessary documents
The journey must not exceed 200 km during the excursion. If the journey exceeds 200 km, a penalty of € 0.50 per kilometer will be applied, with the meter of the vehicle in front of the customer at the start of the excursion. The cost of public transport during the excursion is at the customer’s expense.
6. Applicable law; Arbitration.
Except as otherwise specified in these Terms, these Terms and Conditions shall be governed exclusively and construed in accordance with French law, excluding its conflict of laws rules. The 1980 Vienna Convention on the International Sale of Goods (CISG) does not apply. Any dispute, dispute, claim or controversy arising out of or in any way related to or relating to the Services or these Terms, including its validity, interpretation or application (all referred to as “Litigation”) shall be , Which must be submitted to the amicable settlement procedure under the International Chamber of Commerce’s Mediation Rules (the “ICC Mediation Rules”). If the dispute is not settled within sixty (60) days of a request for a friendly settlement made under the said ICC Mediation Rules, the said Litigation may be referred and shall be settled exclusively and definitively by arbitration In accordance with the International Chamber of Commerce Arbitration Rules (the “ICC Arbitration Rules”). Excluded are provisions relating to emergency arbitration under the ICC Rules of Arbitration. The Litigation shall be settled by one (1) arbitrator to be appointed in accordance with the ICC Rules. The seat of mediation and arbitration will be in Paris, France. The language of the mediation and / or arbitration will be French, unless you do not speak French, in which case mediation and / or arbitration will take place in both French and your mother tongue. The existence and content of mediation and arbitration proceedings, including documents and submissions by the parties, correspondence with the International Chamber of Commerce and correspondence from the Ombudsman, as well as correspondence, ordinances and Arbitration awards made by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to a third party without the express written consent of the other party, unless: (i) disclosure to the third party is reasonably required in the Context of the conduct of the mediation or arbitration proceedings; And (ii) the third party undertakes in writing and unconditionally to be bound by the confidentiality obligations set forth herein.
7. Other provisions
Private-Excursion.com may deliver notices by means of a general notice on the Services, by e-mail to your e-mail address in your Account or by written communication sent to your address as indicated in your Account. You can send notices to Private-Excursion.com by writing to Private-Excursion.com.
You may not assign or transfer these Terms, either in whole or in part, without the prior written consent of Private-Excursion.com. You give Your consent to Private-Excursion.com to assign or transfer these Terms, in whole or in part, including to: (i) a subsidiary or affiliate; (Ii) an acquirer of the equity, business or assets of Private-Excursion.com; Or (iii) a successor in connection with a merger. No joint venture, partnership, employment or principal-agent relationship exists between you, Private-Excursion.com or any third party Provider as a result of the contract between you and Private-Excursion.com for the use of Services.
If any provision of these Terms is deemed unlawful, invalid or unenforceable, in whole or in part, by virtue of any law, such provision or part thereof shall be deemed, to that extent, not to be part of this Agreement But the legality, validity and enforceability of the other provisions of these Terms and Conditions shall not be affected thereby. In such a case, the parties shall replace the unlawful, invalid or unenforceable provision or part of the provision with a valid and enforceable provision or part thereof that has, to the maximum extent possible, a similar effect to the illegal provision or part thereof , Invalid or unenforceable, given the content and purpose of these Terms. These Terms constitute the entire agreement and understanding between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or commitments relating to the same subject matter. In these Terms, the terms “including”, “including in it” and “included” mean “including, but not limited to”.
Pubication director :
Romain Bouchaud e.i.
10 rue Descours
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