Conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1. INTRODUCTORY PROVISIONS
These general terms and conditions of sale (hereinafter the "GTCS") apply in their entirety, from 15 November 2023, to all activities and services organised within Parc Astérix (hereinafter the "Services") and sold to individual customers (hereinafter the "Customer(s)") by GREVIN ET COMPAGNIE (hereinafter the "Vendor").
These GTCS govern all sales of Services carried out by telephone with the Contact Centre, at the Parc Astérix ticket office, at the reception desk of the Vendor’s hotels, or online at the Parc Astérix website, www.parcasterix.fr (hereinafter, the "Website").
In the context of the General Terms and Conditions: the “Stay” designates a tourist package, as defined by article L211-2 of the Tourism Code, and composed of at least one night in one of the Seller's hotels, a breakfast and a visit to Parc Astérix; “Accommodation” means a single night in one of the Seller’s hotels, “Ticketing” or “Ticket” means an access permit or pass allowing the Customer to access the leisure areas of Parc Astérix at a date or during a specific period; “Additional Services” designates the additional services that can be consumed by the Customer during their visit to Parc Astérix (catering, skipping the line, transport, etc.), the “Exchange Voucher” designates a ticket exchangeable for one or more organized Services and sold by the Seller. Any purchase of one of the aforementioned Services implies unreserved acceptance on the part of the Customer of the General Terms and Conditions, notwithstanding any stipulation to the contrary.
ARTICLE 2. IDENTIFICATION OF THE VENDOR
The Services provided under these GTCS are organised and sold to Customers by: GREVIN ET COMPAGNIE, a public limited company with share capital of €52,913,012.57, whose registered office is located at: BP 8 - 60128 Plailly, France.
Contact: Tel.: +33 (0)9 86 86 86 87 (toll-free call, cost of a local call), Email: firstname.lastname@example.org
Entertainment licences: L-D-21-5687, L-D-21-5689, L-D-21-5690, L-D-21-5692, L-D-21-5693, L-D-21-5695, L-D-21-5696, L-D-21-5701, L-D-21-5702, L-D-21-5703, L-D-21-5704, L-D-21-5705, L-D-21-5706
Intra-community VAT number: FR71334240033
Registered in the Compiègne Trade and Companies Register under no. B 334 240 033, Registered in the French Register of Travel and Holiday Operators under no. IM060100010, Financial guarantee: Atradius Credito y Caucion S.A. 159 rue Anatole France CS 50118 92596 Levallois Perret, France Professional Liability Insurer: Allianz IARD, 1 cours Michelet, CS 30051 92076 Paris La Défense Cedex, France, policy no.: 86.351.239.
ARTICLE 3. ORDERING SERVICES
The purchase of Services (hereinafter the "Order") can be made:
- at the Vendor’s ticket office, BP 8, 60128 Plailly, France, on Parc Astérix opening days, and at hotel reception desks,
- by phoning the Contact Centre on: +33 (0)9 86 86 86 87 (toll-free call, cost of a local call), from 9:00 to 17:00 Monday to Friday from November to March (excluding the Christmas school holidays, from 9:00 to 18:00 every day), from 9:00 to 19:00 from April to August, and from 9:00 to 18:00 from September to October,
- online on the Website which is accessible at: www.parcasterix.fr.
Une Commande ne peut être effectuée que par une personne physique majeure, capable et pour ses seuls besoins personnels. Aucun mineur ne peut bénéficier des Prestations sans la présence d’un adulte. Un Client peut réserver jusqu’à dix-neuf (19) Billets maximum par Commande, et (ii) des Séjours pour vingt (20) personnes maximum par Commande, et ce, quel que soit le mode d’acquisition desdites Prestations. Pour toute commande au-delà, les Conditions Générales de vente Groupe s’appliquent (contacter le Vendeur aux coordonnées communiquées à l’article 2 ci-avant). Toute Commande doit comporter les Prestations sélectionnées, la date ou période de leur réalisation, l’effectif et l’âge des bénéficiaires au moment de la visite.
3.1 Pre-contractual information
The Customer is hereby informed that, by purchasing the Services offered in the form of tourist packages (Stay), they benefit from the corresponding rights detailed in the standard form reproduced in Appendix 1 to these GTCS.
It is specified that any information appearing on the Website and booking summary, supplemented by these GTCS, constitutes the prior information required by Article R.211-4 of the French Tourism Code.
Consequently, the Customer acknowledges that, prior to confirmation of the booking and conclusion of the contract, they received, in a clear and comprehensible manner, the pre-contractual information listed in Article R.211-4 of the French Tourism Code and, in particular, the following information:
- The destination, essential characteristics, and tourist category of the accommodation,
- The total price of the trip and the terms of payment,
- The cancellation conditions,
- The services and meals included in the price of the trip,
- The possibility to take out an insurance policy covering certain cases of cancellatio (The stays).
For the visual comfort of the Customer, the Seller endeavors to put online photos of the Services which best correspond to the existing Products, however the photos are not contractual and the Seller's liability cannot in any case be put into effect. cause on the basis of the communication of these photos.
For all purchases of Services other than Stays, the Customer acknowledges that, prior to confirmation of the booking and conclusion of the contract, they received, in a clear and comprehensible manner, the pre-contractual information listed in Article L.211-5 of the French Consumer Code and, in particular, the following information:
- The description and essential characteristics of the Service,
- The price and execution date,
- The existence of and procedures for exercising the right of withdrawal.
3.2. Phone Orders
For any Order placed over the telephone, in addition to the above compulsory information, the Customer must specify the delivery address (postal or email) and the name of the beneficiary. After providing the Customer with the pre-contractual information stipulated in article L.221-5 of the French Consumer Code for all Orders, and in Article R.211-4 of the French Tourism Code for Stays, the Vendor invites the Customer to consult these GTCS on the website. Once the Customer has agreed to complete the Order in accordance with the terms and conditions communicated, they shall proceed with remote payment in accordance with the terms and conditions set out in Article 5.
3.3. Online Orders
For all online Orders, Customers are asked to enter their email address and, where applicable, to identify themselves using a form to create a personal customer account. In accordance with the provisions of Article 1369-5 of the French Civil Code, Customers have the opportunity to check the details of their Order and its total price, and, if necessary, to correct any errors, before confirming it, thereby expressing their acceptance. In order to finalise the Order, the Customer must read the pre-contractual information form, which is only compulsory for Stays, and the GTCS, accept them by ticking the appropriate boxes, and proceed with payment in accordance with the terms and conditions set out in Article 5.
3.4. Order confirmation
An Order is only firm and final once the Vendor has received the full price. The sales contract is then deemed to have been established. For all online or remote Orders for Services, the Customer will receive an Order confirmation by email summarising the purchases made, the price applied, and the essential characteristics of the Services ordered. For all Ticket orders, the confirmation email includes:
- Proof of payment,
- Electronic Ticket(s).
For all Stay or Accommodation Orders, the confirmation email includes:
- Proof of payment,
- A description of the Services ordered.
The email confirmation of the Order received by the Customer constitutes proof of the whole transaction, in accordance with the provisions of French Law no. 2000-230 of 13 March 2000, and is the only authentic document in the event of a dispute.
ARTICLE 4. PRICE OF THE SERVICES
The applicable prices shown in the Vendor’s brochures and communication materials, and on the Website, are stated in euro and include VAT. In general, and unless explicitly stated otherwise, handling fees, charges and tourist taxes, personal expenses, and insurance are not included in the price of the Services.
The price of a Ticket includes entry into the Parc Astérix leisure areas for one adult or one child (aged 3 to 11 years) on the date or during the period of validity indicated on the Ticket. Children under three (3) years of age are entitled to free admission to Parc Astérix.
4.2. Stay and Accommodation
In accordance with the provisions of Article. L211-12 of the French Tourism Code, the Vendor reserves the right to modify the price of the Stay, either upwards or downwards, in accordance with the following:
- The cost of transport (if applicable),
- Related fees and taxes,
- Exchange rates, where applicable.
No price adjustments may be made less than twenty (20) days prior to the start of the Stay.
The price of a Stay includes at the very least:
- Accommodation, as stipulated on the Order,
- Entry Ticket to Parc Astérix leisure areas, which, unless otherwise stipulated, is only valid for the duration of the Stay specified on the Order and during Parc Astérix opening hours.
The Accommodation price only includes overnight accommodation in one of the Vendor’s hotels and excludes all other services.
ARTICLE 5. TERMS AND METHODS OF PAYMENT
For any Order for Services, the price in its entirety must be paid at once and in euros at the time of placing it. Payment can be made by bank card, in cash, by transfer, by gift vouchers and ANCV holiday vouchers and/or with the Seller's e-gift card under the restrictive conditions and according to the terms defined in article 5.5 below .
5.1. Credit card
Subject to contrary indications during the Order, only bank cards from the CARTE BLEUE/VISA and EUROCARD/MASTERCARD networks are accepted. The Customer's bank account will be debited with the price of the Order upon final validation of the Order. For any Order at the counter, proof of payment is immediately delivered to the Customer, if they request it in accordance with article L 541-15-10 of the environmental code, after payment. For any online Order, proof of payment is automatically viewable by the Customer, upon completion of the Order, on the confirmation page and on the Customer's individual account created for this occasion on the Seller's Website. For any Remote Order, the Customer receives proof of payment by email if they have one or by mail within eight (8) days after payment of the Order.
5.2. Payment in three or four instalments with charges
Our partner, Oney Bank (Oney Bank - a limited company with capital of €51,286,585 - 34 Avenue de Flandre, 59170 Croix, France - Lille Metropole Trade and Companies Register no. 546 380 197 - Orias no. 07 023 261, www.orias.fr), offers you a financing solution called 3x 4x Oney, which enables you to pay for your purchases from €150 up to €2,000 in three instalments with your credit card, and/or for your purchases from €350 to €2,000 in four instalments with your credit card.
On the date of validity hereof, the maximum amount of negligible fees applicable is 1.61% of the total amount of the reservation paid for payment in 3 installments and 2.40% of the total amount of the Order paid for payment in 4 times. In accordance with its payment conditions, our partner may change the amount of its fees at any time.
If you subscribe to the financing solution offered by Oney Bank, the information relating to your Order will be transmitted to Oney Bank, which will use it for the purposes of studying your request for the granting, management and recovery of credit.
This financing solution with a compulsory deposit is reserved for private individuals (natural persons of legal age) residing in France and holding a Visa or MasterCard credit card with a validity date beyond the chosen financing period. Systematic authorisation cards, such as Electron, Maestro, Nickel etc., as well as e-cards, Indigo cards, and American Express, are not accepted. This Solution is only offered to Orders made from the Seller's Website.
5.2.2 Subscription terms and conditions
Once you have completed your Order, simply click on the "Oney payment in 3x 4x by credit card" button. You will then be redirected to our partner’s 3x 4x Oney website, where you will find a detailed summary of your Order and your personalised financing application, which you must then confirm. You must read Oney’s 3x 4x credit card payment terms and conditions, available here: Oney GTCS. Oney Bank reserves the right to accept or refuse your 3x 4x Oney financing request. You have fourteen (14) days in which to cancel your loan.
5.2.3 How it works
By paying in three or four instalments by credit card, you can pay for the Order placed on our Website as follows: - A compulsory deposit, debited on the day of your Order confirmation; two or three monthly instalments, each corresponding to one third or one quarter of the Order, debited 30 and 60 days later for three-instalment payment, and 30, 60 and 90 days later for four-instalment payment, which include charges corresponding to 1.61% of the total amount of the Order for three-instalment payment and 2.40% for four-instalment payment (up to a maximum of €25 for three-instalment payment and €50 for four-instalment payment). 5.3. Cash Cash payments made by Customers whose tax residence is in France are limited to the sum of €1,000 per Order, in accordance with the provisions of Articles L.112-6 and D.112-3 of the French Monetary and Financial Code.
Cash payment made by a Customer with his tax domicile in France is limited to the sum of €1,000 per Order in accordance with the provisions of articles L112-6 and D112-3 of the Monetary and Financial Code.
5.4. Payment security
Pour effectuer le paiement de la Commande par virement, et/ou par chèques vacances ANCV, le Client doit adresser ledit moyen de paiement au Vendeur, au plus tard, dans les 72 heures ouvrées après la prise de la Commande. La Commande ne devient définitive qu’après la réception du règlement par le Vendeur. Si le Client commande un Billet dont le règlement doit parvenir au Vendeur un ou plusieurs jours avant l’utilisation de ce Billet, le Client doit s’assurer, lorsqu’il effectue sa Commande, que son règlement parviendra au Vendeur suffisamment tôt pour respecter les conditions lui permettant de bénéficier du Billet. Si le règlement parvient trop tard au Vendeur, la Commande sera annulée et aucun Billet ne sera émis. Aucun remboursement ne peut être réalisé sur les ANCV.
5.5. Seller E-Gift Card
The Customer can use an e-gift card (dematerialized gift card) marketed by the Seller for any purchase of (i) Ticketing, (II) ancillary services such as strictly limited to catering services or for purchases in store, at the exclusion of any other product or Service, in particular hotel services, queue-cutting and parking. If the value of the gift card is insufficient to cover the amount of their Order, the Customer must complete with another means of payment. If the amount of the gift card is greater, the balance after payment of the Order will remain usable until the expiry date of said e-gift card. When the Customer makes a purchase, he communicates the identification number of his gift card to make his payment.
5.6. Payment security
Electronic payments made within the framework of Orders by telephone at the Contact Center or online and on the Seller's Website are secured by the use of the encryption process guaranteeing the confidentiality and security of the data.
ARTICLE 6. DELIVERY OF TICKETS AND VOUCHERS
For any Remote Order, the Tickets and Vouchers are sent to the Customer by email immediately after payment of the Order. For any Order at the counter, the Customer will immediately receive their thermal Tickets. For any remote Order of Tickets, placed more than ten (10) days before the visit date and only when the Customer opts for delivery by post, the Tickets and Exchange Vouchers are sent by tracked mail within eight ( 8) days after payment of the Order. Shipping costs amount to €19 and must be paid at the time of the Order. For any Stay Order, the Tickets are given to the Customer directly at the reception of the hotel where the Customer is staying. From March 29, 2024, the travel diary including the Tickets as well as the exchange vouchers for the Stay will be sent by email to the Client 7 days before the arrival date to the email address provided by them.
ARTICLE 7. CONTROL OF TICKETS AND VOUCHERS
A dated Ticket is valid only for the date(s) specified thereon. Undated Tickets do not guarantee admission to the Park in case of overcrowding. Tickets are checked at the entrance to Parc Astérix using barcode readers. In this context, the Vendor reserves the right to also check the identity of Customers holding Tickets. Electronic Tickets (e-Tickets) are only valid if printed on white paper, blank on both sides, or displayed on a mobile phone (Smartphone) screen. Customers remain solely responsible for the use made of their ticket(s). Any Tickets (thermal or electronic) that are damaged, have an illegible barcode, or that have already been scanned are considered invalid.
Vouchers are always nominative and valid only for the designated person(s). Any Customer holding a Voucher must go to the location indicated on the Order confirmation with a valid form of photo identification in order to collect a definitive voucher or to gain direct access to the Service ordered.
ARTICLE 8. RIGHT OF WITHDRAWAL
For any remote purchase (on the Website or by telephone) of a Ticket that is not dated or valid for a specific period (e.g. Season Pass), and/or an e-gift card, in accordance with Article L.221-18 of the French Consumer Code and the transposition into French law of European Directive 2011/83/EU, Customers benefit from a withdrawal period of fourteen (14) days from receipt of the email confirming the Order. In order to withdraw, Customers must confirm their decision to withdraw, before the expiry of the aforementioned period, by means of an unambiguous statement; for example, by using the withdrawal form which can be downloaded by clicking here, and which is also available at www.parcasterix.fr, and at the following address: GREVIN ET COMPAGNIE, BP 8 - 60128 Plailly, France.
Without prejudice to the foregoing, and in accordance with the provisions of Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised for the remote purchase of "accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities", ordered either in the form of a package or separately, for a specific date or period. Consequently, Customers do not benefit from a withdrawal period for Orders for dated Stays, Accommodation or Tickets.
ARTICLE 9. MODIFICATION OF THE SERVICES
Tickets (excluding Tickets contained in the Stay offer) and ancillary Services are neither refundable, exchangeable nor modifiable.
ARTICLE 10. MODIFICATION AND CANCELLATION OF ACCOMMODATION OR STAY AT THE CUSTOMER’S INITIATIVE
10.1. Modification prior to the date of the Stay/Accommodation
Any request to modify a Stay or Accommodation must be sent in writing to the Contact Centre at the following address: Parc Astérix – Service Client – BP 8, 60128 Plailly, France, or by email to: email@example.com.
Modifications are subject to room availability and, where applicable, the payment of any additional charges resulting from the modification. When the modification request concerns a change of date, number of people, or Services, and is made more than fifteen (15) days prior to the scheduled arrival date, no administration fee will be charged to the Customer. When this same modification request is made between fifteen (15) and seven (7) days prior to the scheduled arrival date, a flat-rate amount corresponding to 20% of the total amount of the Stay or Accommodation prior to modification will be applied in order to cover administration costs and will be invoiced to the Customer immediately. The modification is only effective upon receipt of the amount corresponding to the management costs and, where applicable, the price difference resulting from the modification. For any modification request resulting in a reduction in the price of the Stay or the Accommodation, after applying the administration costs, the Vendor undertakes to reimburse the difference in price as soon as possible. No changes can be made within seven (7) days of the scheduled arrival date.
10.2. Modifications after the start of the Stay/Accommodation
No refunds will be issued for any interrupted Stay or unused Accommodation Service if the reason is not attributable to the Vendor. Any Customers who fail to arrive at the location of their Stay will be charged 100% of the total amount of the Order, including options.
10.3. Cancellation before the start of the Stay/Accommodation
In accordance with the provisions of Article L.211-14-I of the French Tourism Code, Customers may cancel their Stay or Accommodation at any time prior to their scheduled arrival date, subject to payment of cancellation costs in accordance with the scale below:
Date of cancellation request Penalty amount as a % More than fifteen (15) days prior to the date of the Stay 0% Between fifteen (15) and seven (7) days prior to the date of the Stay 50% Less than seven (7) days prior to the date of the Stay 100%
Customers may cancel their Stay/Accommodation by sending a written request to the Contact Centre at the following address: Parc Astérix – Service Client, BP 8 - 60128 Plailly, France, or by email to: firstname.lastname@example.org. However, it is specified that certain promotional offers for Stays or Accommodation may be subject to specific cancellation conditions that derogate from the stipulations of this Article. As such, Customers are invited to consult the terms and conditions of each promotional offer, as well as any modification and cancellation conditions.
ARTICLE 11. MODIFICATION AND CANCELLATION OF ACCOMMODATION OR STAY AT THE VENDOR’S INITIATIVE
11.1. Modification of the Stay/Accommodation
In accordance with Article L.211-13 of the French Tourism Code, the Vendor reserves the right to unilaterally modify the performance terms and conditions of the Stay prior to the start date of said Stay. The Vendor shall inform the Customer of any minor modifications made. The Customer may not claim any compensation for such modifications made by the Vendor. In accordance with Article R.211-9 of the French Tourism Code, if the Vendor is forced to modify one of the key elements of the Stay ordered by the Customer, or if the Vendor can no longer meet the specific requirements of the Customer agreed beforehand, the Vendor will notify the Customer in clear, understandable language:
- Of the changes made and, where applicable, their impact on the price of the Stay or Accommodation,
- The date by which the Customer must state their choice to the Vendor,
- The conditions for cancelling without charge in the event that the modifications made are rejected.
The Customer has the right to reject the proposed modification and receive a full reimbursement of the price paid. If the Customer accepts the modifications to the Stay, a new Order confirmation will be sent to the Customer with all of the required information. Where modifications to the Stay result in a reduction in the quality of the Stay or its price, the Customer will have the right to an appropriate discount.
11.2. Cancellation of the Stay or Accommodation
In accordance with Article R.211-10 of the French Tourism Code, if the Vendor is obliged to cancel the Stay or Accommodation, the Customer must be informed of this as soon as possible. In such a case, the Customer must, within fourteen (14) days, be reimbursed for all monies paid. The Customer will also be entitled to claim compensation at least equal to the penalty that the Customer would have been obliged to pay if said Customer had cancelled on that date (in accordance with Article 10.3 above).
ARTICLE 12. TRANSFER OF THE STAY
In accordance with Articles L.211-11 and R.211-7 of the French Tourism Code, the Customer may transfer this contract, as long as it has not produced any effects and up to seven (7) days prior to the start of the Stay, to an individual who fulfils the same conditions as the Customer to make use of the Stay.
The transferring Customer is obliged to inform the Vendor of the transfer by any means enabling them to obtain an acknowledgement of receipt and at the latest seven (7) days prior to the start of the Stay. The transferring Customer and the transferee are jointly and severally liable for payment of the balance of the Stay, as well as for any fees, costs and taxes relating to this transfer. As the transfer fees may change depending on the date of the transfer prior to the Stay, the final amount will be communicated to the Customer upon their request to the Vendor.
ARTICLE 13. CANCELLATION INSURANCE FOR THE STAY
13.1 Subscription conditions
The Vendor offers all of its Customers purchasing Stays a cancellation insurance package, policy no. 602890, covering, inter alia:
- Cancellation or modification of the Stay,
- Late arrival and interruption to the Stay,
- Damage to luggage.
The contractual conditions of cover and exclusions of the cancellation insurance contract are available at this link: Insurance GTCS.
Once insurance has been taken out, it cannot be modified or cancelled. The amount of the insurance premium is systematically retained and cannot be claimed back.
Before taking out the insurance contract proposed by the Vendor, Customers are invited to check that they are not already covered by a warranty covering one of the risks guaranteed by the insurance contract proposed by the Vendor.
In accordance with the provisions of Article L.112-10 of the French Insurance Code, any Customer who, for non-professional purposes, takes out an insurance contract as a complement to a good or service sold by the Vendor, if they can provide proof of a previous guarantee for one of the risks covered by the insurance contract, may cancel said contract, without charge or penalty, as long as it has not been fully performed or the Customer has not invoked any guarantee. This waiver must be made within fourteen (14) calendar days of conclusion of the insurance contract and must be accompanied by proof of the existence of a current insurance contract covering similar risks to the contract taken out through the Vendor.
13.2.2 Remote sales
In accordance with Article L.112-2-1 of the French Insurance Code, a right of renunciation applies to insurance policies concluded remotely, in particular those sold online, without the simultaneous physical presence of the parties to the contract. This right of renunciation does not apply to travel or luggage insurance contracts or similar short-term insurance policies with a term of less than one (1) month. The term of the insurance contract corresponds to the period between the date on which it is taken out and the date on which all cover ceases.
13.2.3 Exercise of the right of renunciation
Where the insurance contract is eligible for the right of renunciation under the conditions defined above, the Customer may exercise this right by sending a duly completed, dated and signed renunciation request prior to expiry of the period of fourteen (14) calendar days from the date of conclusion of the insurance contract by post to the following address: Parc Astérix, BP 8 - 60128 Plailly, France. If they so wish, Customers may use the sample waiver letter available here: Waiver form.
ARTICLE 14. LIABILITY
The Seller is responsible for the proper execution of the Services ordered by the Customer and is required to provide assistance to all Customers who find themselves in difficulty according to the conditions set out in Article 15 of the General Terms and Conditions. The Seller is responsible for any error due to technical defects in the reservation system which is attributable to him. In accordance with article L211-16, II of the Tourism Code, the Customer informs the Seller, as soon as possible taking into account the circumstances of the case, of any non-compliance observed during the execution of an included service in the living room. In this case, the Seller remedies the non-compliance, unless this is impossible or results in disproportionate costs, in the latter case the Customer may request a reduction in the price and in the event of separate damage, damages according to the art. L211-17 of the Tourism Code. The Seller is solely authorized to determine the operating and maintenance conditions of Parc Astérix, according to its needs and/or constraints and decides alone (i) the opening calendar and the opening times to the public of Parc Astérix ; (ii) the services and attractions it offers as well as their conditions of use; (iii) the prices and terms of sale of the Services it offers to the public within Parc Astérix; (iv) the maintenance, repair, rehabilitation, renovation program for all or part of the equipment; (v) the implementation of standards and rules concerning in particular the safety and health of people and property at Parc Astérix. The Seller may, at its sole discretion, decide to close public access to all or part of Parc Astérix, for as long as necessary, in particular for the carrying out of work necessary for the safety and protection of visitors, or related for the maintenance, repair, renovation of all or part of the equipment at Parc Astérix or in the event of bad weather conditions or force majeure forcing the Seller to completely or partially close Parc Astérix. In any event and excluding bodily injury and intentional damage, the Seller's liability is limited to an amount corresponding to three (3) times the price of the Services ordered and giving rise to compensable damage. The Customer is responsible for the Orders he places with regard to the pre-contractual information communicated to him and his needs. He is not authorized to engage in the resale of tickets or Stays that he has acquired during Orders that he has previously placed. In the event of a breach noted and proven, the Seller reserves the right to assert its rights before any competent court. Throughout the duration of the Stay or Visit to Parc Astérix, minors remain under the responsibility of their chaperones. During their Stay or Visit to Parc Astérix, the Customer and all people accompanying them are required to respect the internal regulations of the different areas of the Site (Park and Hotel).
ARTICLE 15. ASSISTANCE
In accordance with the provisions of Article L.211-17-1 of the French Tourism Code, the Vendor is obliged to provide assistance to any Customer in difficulty. In order to do this, the Customer must contact Customer Service. The assistance provided by the Vendor consists, in particular, of:
- Providing useful information on health services, local authorities and consular assistance;
- Helping the Customer to make long-distance calls and find other travel services.
In this regard, the Vendor has the right to charge a reasonable price for the actual costs of that assistance if the difficulty has been intentionally or negligently caused by the Customer.
ARTICLE 16. EXCEPTIONAL AND UNAVOIDABLE CIRCUMSTANCES
Exceptional and unavoidable circumstances means any situation beyond the control of the Customer, the Vendor and any service provider involved in the performance of the Order, the consequences of which could not have been avoided even if all reasonable measures had been taken, and which prevent the performance of all or part of the obligations set out in the contract.
This will notably be in the event of: force majeure, climatic, geographical, health or political events in the immediate vicinity of the destination likely to endanger the Customer’s life.
In the event of the occurrence of exceptional and unavoidable circumstances, both the Vendor and the Customer may terminate the contract at no cost, as provided for in section II of Article L.211-14 of the French Tourism Code. It should be noted that assessment of the occurrence of these circumstances will be based solely on objective factors.
ARTICLE 17. PROOF, STORAGE AND ARCHIVING
In accordance with Article L.213-1 of the French Consumer Code, for any Orders placed online on the Vendor’s Website for an amount equal to or greater than €120, the Vendor shall keep a written record of the Customer’s Order for a period of ten (10) years from the date of delivery of the Order, and shall guarantee the Customer access to this record at any time during this period.
ARTICLE 18. TERMINATION CLAUSE
Except in cases of force majeure, if the Vendor fails to fulfil its obligation to provide the Services on the date or within the period indicated to the Customer, the Customer may, by registered letter with acknowledgement of receipt, or in writing on another sustainable medium, (i) notify the Vendor of the suspension of payment of all or part of the price until the Vendor complies, or (ii) cancel the contract if, after requesting, in the same manner, the Vendor to provide the Services within a reasonable additional period, the Vendor has not complied within this period. The contract shall be deemed to have been terminated upon receipt by the Vendor of the letter or written statement informing it of this termination, unless the Vendor has complied in the meantime. Nevertheless, the Customer may immediately cancel the contract if the Vendor refuses to provide the Services, or if it does not fulfil its obligation to provide the Services on the date or within the period indicated to the Customer, and this date or period constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding conclusion of the contract, or from an express request made by the Customer prior to conclusion of the contract (Article L.216-2 of the French Consumer Code).
ARTICLE 19. INTELLECTUAL PROPERTY RIGHTS
The Vendor’s Website is governed by French legislation on copyright and intellectual property. Any total or partial reproduction of trademarks, logos or distinctive signs from the Website without the Vendor’s express written authorisation is therefore prohibited within the meaning of Article L.713-2 of the French Intellectual Property Code.
ARTICLE 20. PERSONAL DATA
Any personal data collected when an Order is placed is processed for the following purposes:
- Management of the Order. This processing is necessary for performance of the contract concluded between the Vendor and the Customer;
- Customer access to the Park. This processing is also necessary for performance of the contract concluded between the Vendor and the Customer;
- Sending the Customer commercial offers, newsletters, invitations to take part in games, competitions or satisfaction surveys. In the case of messages sent by the Vendor, this processing is based on the latter’s legitimate interest in developing its activities and, in the case of messages sent by the Vendor’s partners, upon the Customer’s consent.
Unless otherwise stated on the data collection form, all fields must be completed in order for the data to be processed.
Processing is carried out under the responsibility of the Vendor, represented by its Managing Director.
The data is intended for the Vendor, its partners if the Customer has agreed to receive messages from them, and service providers whose intervention is necessary to carry out the afore-mentioned processing.
Data is kept for the following periods:
Data required to manage the Order:
- If the Order is placed electronically, the data is kept for five (5) years from the date on which it is collected if the value of the Order is less than €120, and for ten (10) years from the date on which it is collected if the value of the Order is greater than or equal to €120;
- If the Order is not placed electronically, the data is kept for five (5) years from the date on which it is collected.
- Data relating to credit cards will be kept for fifteen (15) months after the transaction for the purposes of proof in the event that the transaction is disputed. The security code (CVV) is not kept after the transaction.
By way of exception, the number and expiry date of credit cards, as well as data relating to SEPA mandates, are kept until expiry of the fourteen (14) day period referred to in Article 11.2 in order to refund any sums paid, and for fifteen (15) months after the transaction as proof in the event that the transaction is disputed. The security code (CVV) is not kept after the transaction;
- Data required for Customer access to the Park: Data is kept until the end of the Customer’s visit to the Park;
- Data required to send the Customer commercial offers, newsletters, etc.: Data is kept for five (5) years from the date of collection; this period is renewed for each significant interaction between the Customer and the Vendor (receipt of a new Order, for example).
In order to preserve the confidentiality and security of Customer data, and in particular to protect it against unlawful or accidental destruction, accidental loss or alteration, or unauthorised disclosure or access, the Vendor shall take the appropriate technical and organisational measures, in accordance with the applicable legal provisions. To this end, the Vendor has implemented technical measures (such as firewalls) and organisational measures (such as a login and password system, means of physical protection, etc.).
All Customers have the right to access their personal data, to have it corrected or deleted, to transfer it or have it transferred to a third party, to obtain a restriction on its processing, or to object to this processing. The Vendor shall comply with the request subject to its legal obligations.
Customers have the right to withdraw their consent to receive messages from the Vendor’s partners at any time. Any withdrawal of this consent does not affect the legality of the processing carried out prior to this withdrawal.
Customers may exercise these rights by contacting the personal data protection officer appointed by the Vendor:
- By email at the following address: email@example.com; or
- By post at: Grévin et Compagnie, Délégué à la protection des données, BP 8, 60128 Plailly, France.
In the interests of confidentiality and the protection of personal data, the Vendor reserves the right to ask the Customer for proof of identity before responding to their request. The Customer may be asked to produce a photocopy of an identity document stipulating their date and place of birth, and bearing their signature.
Customers may also lodge a complaint with the Commission Nationale de l’Informatique et des Libertés – CNIL (French Data Protection Authority) if they feel that their rights have not been respected. The CNIL’s contact details are as follows: CNIL, 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France – Website: https://www.cnil.fr/fr/plaintes
In accordance with Articles L.223-1 et seq. of the French Consumer Code, if a Customer no longer wishes to be contacted by telephone on the number that they have communicated to the Vendor, they may, at any time, register this telephone number on the Internet telephone anti-solicitation list at: http://www.bloctel.gouv.fr or by post by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret, 10000 Troyes, France.
ARTICLE 21. COMPLAINTS AND DISPUTE RESOLUTION
Any complaint relating to the reservation or provision of Services must be sent to the Vendor’s Complaints Department (Service de Réclamation du Vendeur, Parc Astérix, Centre de Contacts, BP 8 - 60128 Plailly, France) by registered letter with acknowledgement of receipt within twenty (20) days of the provision of the Services.
Such complaints must be accompanied by all supporting documentation (Tickets, Vouchers) (i) delivered to the Customer as part of the Order, and (ii) justifying the grounds for the complaint (medical certificate, photograph, report).
Failure to provide such documentation will render the complaint inadmissible. Where an Order is placed online, complaints may also be made through the Vendor’s website (in the "Contact" section).
Any Customer who does not receive a satisfactory response to their complaint within sixty (60) days after contacting the Vendor’s Complaints Department may enter, free of charge, a conventional (non-legal) mediation procedure under the terms of Article L.611-1 et seq. of the French Consumer Code, or any other alternative dispute resolution mechanism.
The Customer is hereby informed of the option to enter a mediation procedure with the French Travel and Tourism Mediator according to the conditions set out on the website www.mtv.travel (MTV Médiation Tourisme Voyage - BP 80 30375 823 Paris Cedex 17, France; email: firstname.lastname@example.org, tel. no.: (+33)14 26 79 668). This option must be exercised within one (1) year of the written complaint made to the Vendor.
If a Customer so wishes, they may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) no. 524/2013. This platform is available at the following link: https://webgate.ec.europa.eu/odr/.
Any disputes arising from Orders made under these GTCS, which cannot be resolved amicably by the Vendor and Customer, will be submitted to the relevant courts under the conditions laid down by common law.
For the purposes of these GTCS, the elected domicile of the Vendor is its registered office, as stipulated in Article 2 of these GTCS.
ARTICLE 22. APPLICABLE LAW
Any sale of Services by the Customer under the GTCS is subject to French law.