GENERAL TERMS AND CONDITIONS OF SALE FOR VALET PARKING AT NICE COTE D AZUR AIRPORT BY LE HARAS DES ETERNELLES

Transcription

1 GENERAL TERMS AND CONDITIONS OF SALE FOR VALET PARKING AT NICE COTE D AZUR AIRPORT BY LE HARAS DES ETERNELLES 1. Acceptance of the General Terms and Conditions of Sale The "Valet Parking" service at Nice Côte d Azur Airport (hereafter the "Airport") as detailed below (the "Service") is offered to the User via (the "Website") by CYBELE, société par actions simplifiée, registered office 110 Avenue de Verdun, ST LAURENT DU VAR, number B in the Antibes Commercial Register, trading as and hereafter "Le Haras des Eternelles", which is duly authorised to trade at the Airport. The user may use the Service subject to acceptance of the present General Terms and Conditions, which he/she shall confirm he/she has read in full. Le Haras des Eternelles may amend all or any part of the General Terms and Conditions when required. If the user does not comply with the General Terms and Conditions, le Haras des Eternelles may deny him/her access to the Service. 2. Service description Users may order and pay for a Service through the Website. Le Haras des Eternelles offers two types of Service: Valet Parking (conveying the user's vehicle between the terminal selected by the user and the Airport car park); Premium Valet Parking: Valet Parking + interior (detailing)/exterior cleaning of the vehicle and refuelling while the user is travelling. Details of the above Services are as follows. VALET PARKING User departure - Online booking: agreement with le Haras des Eternelles of a date, time and terminal rendezvous (depending on airline) for vehicle collection, so long as the vehicle meets the requirements in clause 9 below. User arrival: the user shall come to the meeting point selected when booking, at the entrance of the vehicle drop-off access area, 10 minutes before the appointed time at the earliest. - Conveying the user's vehicle from the agreed Airport terminal to Airport car park P6.

2 User return - Collection of the user's vehicle from the Airport car park by le Haras des Eternelles; - Conveying of the user's vehicle from the Airport car park to the return point at the Airport (terminal specified by the user when making the reservation, depending on airline). This Service includes only conveying of the vehicle between the two locations specified by the user in his/her reservation plus management of after-sales services and any additional services requested by the user when placing his/her order. PREMIUM VALET PARKING User departure - Agreement with le Haras des Eternelles of a date, time and terminal rendezvous (depending on airline) for vehicle collection, so long as the vehicle meets the requirements in clause 9 below. - Conveying the user's vehicle from the agreed Airport terminal to one of the Airport's secure car parks (G1 or G2). - Cleaning of the interior (detailing) and exterior of the vehicle while the user is travelling. User return - Collection of the user's vehicle from the Airport car park by le Haras des Eternelles. - Conveying of the User's vehicle from the Airport car park to the Airport petrol station for refuelling and then to the return point (terminal specified by the user when making the reservation, depending on airline). This Service includes only vehicle conveying between the two locations specified by the user in his/her reservation plus management of after-sales services and any additional services requested by the user when placing his/her order. 3. Orders Orders must be placed using the procedure described on the Website. The procedure used will depend on the method of payment selected. Le Haras des Eternelles shall advise the user that his/her order has been accepted by sending an to the address specified by the user when creating his/her customer account. Orders will be billed as soon as they are placed. Users may cancel or amend orders free of charge up to 24 hours before the start of a Service. No amendment or refund is allowed after this time. In the event of cancellation, a refund shall be made within thirty days of the cancellation request (on the credit card used to pay for the order).

3 4. Liability - Guarantees In view of Internet limitations, le Haras des Eternelles offers no guarantee as to continuous Website service and in this respect shall be bound only by a duty to use its best endeavours. Le Haras des Eternelles accepts no liability for damage resulting from temporary inability to access any of the services offered by the Website. Website information may be amended at any time as a result of the interactivity of the Website. Le Haras des Eternelles accepts no liability for any such amendment. Le Haras des Eternelles accepts no liability for damage or loss resulting from the use of, or inability to use, the Website or its content, except as legally required. Le Haras des Eternelles offers no warranty as to the detail, completeness, verification or accuracy of the information presented. The user hereby declares that he/she fully understands the features and limitations of the internet. He/she confirms that it is impossible to guarantee that the data transmitted by the user over the internet will be totally secure. Le Haras des Eternelles accepts no liability for any incidents that may result from such transmission. However le Haras des Eternelles shall use its best efforts to remedy technical problems. The user consequently transmits his/her details at his/her own risk. Le Haras des Eternelles may give only an assurance that it will use its best efforts to provide optimum levels of security. The user shall indemnify le Haras des Eternelles for all expense le Haras des Eternelles may incur as a result of any complaint or dispute, whether brought before the courts or out of court, concerning the use by the user of the services described in clause 3 hereabove and shall hold le Haras des Eternelles harmless from any court finding given against it in this respect. In all cases, the liability of le Haras des Eternelles shall be limited to the price of the Service concerned. 5. Obligations of the user When placing his/her first order, the User shall transmit all the personal identification, particularly administrative, and qualification information required to open an account. The user shall in general: - comply with legal, regulatory and contract requirements and applicable professional uses and practices; - not submit, copy, resell or make available in any form whatsoever to any other individual or legal person any information received from le Haras des Eternelles; - make a preliminary check to ensure his/her vehicle is eligible for the Service, using the information provided in clause 9 below; - when leaving, come to the meeting point selected when booking, at the entrance of the vehicle drop-off access area, 10 minutes before the appointed time at the earliest. - give the driver providing the Service all necessary documents. In the event of failure to comply with this requirement, the vehicle cannot be collected or ferried and the Service itself shall be considered performed in full. The user hereby declares that his/her vehicle is in good running and maintenance order and may be safely collected and ferried.

4 6. Penalties for default on contract If the user defaults on any of his/her obligations under these General Terms and Conditions, le Haras des Eternelles shall consider the Service performed in full. 7. Charges and payment Prices are fixed and depend on the Service selected. They are shown on the TARIFS page on the Website and at Prices include tax and are payable in euro. Prices may change as the network, techniques and the law changes Method of payment Services must be paid for in euro by credit-card (CB, VISA, EUROCARD/MASTERCARD). Credit card payments are irrevocable. Challenges and disputes of payment are therefore subject to strict legal rules. They may be made in three circumstances only (in addition to bankruptcy of the Service recipient): loss, theft or fraudulent use of the credit card or of the data associated with its use. Credit card companies and le Haras des Eternelles do not treat use by a minor of his/her parent's/parents', guardian's or responsible adult's credit card as fraud. Under no circumstances may payments owed to le Haras des Eternelles be suspended or reduced. The contract between le Haras des Eternelles and the user shall not come into effect until full payment has been made for the selected Service. The payment date shall be the value date for credit card payments made on line or by telephone. All connection charges for such payments shall be borne by the user Terms of payment Services shall be performed in return for full payment of the Service by the user in accordance with the following terms and conditions, which vary depending on service type: Valet parking and Premium valet parking (included cleaning of the interior (detailing) and exterior of the vehicle) : the user shall make payment by credit card via the Website before vehicle delivery or collection; Additional services (Car park, refuelling and other concierge services) the user shall pay the supplement at delivery.

5 8. Withdrawal Under articles L f French Consumer Code the User may cancel an order within 7 clear days of placing it, so long as no part of the service has been performed by the end of the clear seven-day period, by exercising his/her right of withdrawal. Refunds shall be made by crediting the credit card used to place the order. Once any part of a Service has been commenced, the order concerned shall be treated as firm and final. The user may exercise his/her right of withdrawal within the above period by: writing to: LE HARAS DES ETERNELLES 110 Avenue de Verdun SAINT LAURENT DU VAR FRANCE sending an advising of his/her withdrawal to: contact@lhde.fr In the event of withdrawal, refund shall be made within thirty days of exercise of the right of withdrawal. Latest cancellation time: 24 hours in advance 9. Approved vehicles For security reasons le Haras des Eternelles will accept only vehicles that meet the following technical requirements. Vehicles must meet the general terms and conditions and also the special terms and conditions applying to their class. The Service shall cover the conveying of vehicles in the following classes only: Standard Vehicles (SV), Large Vehicles (LV). Le Haras des Eternelles will accept only vehicles (whatever their class): that are registered; that are in good running order; with maximum overall width of 2.50 m; with 0.10 m minimum ground clearance.

6 Special terms and conditions for SVs: Le Haras des Eternelles will accept only SVs that meet the above general terms and conditions and also the following special terms and conditions: minimum tare weight 350 kg; laden weight under 3.0 t; maximum height (including any bicycle carriers) 1.75 m. Special terms and conditions for LVs Large Vehicles (LV) are e.g. crossovers, SUVs, 4x4s, people carriers, limousines, pick-ups without tonneau cover, utility vehicles and vehicles over 1.85 m wide. Le Haras des Eternelles will accept only LVs that meet the above general terms and conditions and also the following special terms and conditions: minimum tare weight over 350 kg; laden weight under 3.0 t; maximum height 1.87 m. Modified vehicles (especially tuned-up vehicles) are not accepted. 10. Expert reports on vehicles An expert report (signed by both parties) on the vehicle will be offered to the user at vehicle handover to le Haras des Eternelles. The report shall note, among other details, the vehicle make, model and registration. If the user accepts the offer, a status report will be produced by le Haras des Eternelles and the user at vehicle return. If the user states he/she does not wish to proceed with the status report le Haras des Eternelles shall have no liability for any damage that may be discovered. Any damage that is the direct result of the Service and has been valued by le Haras des Eternelles at more than 500 excluding tax shall lead to an insurance claim. Le Haras des Eternelles accepts no liability for personal effects or objects carried in the vehicle. The user shall leave no valuables inside his/her vehicle. All vehicle documents (registration/insurance) must be inside the vehicle when it is handed over to le Haras des Eternelles.

7 11. Contingencies Breakdown Should the vehicle break down while being ferried, le Haras des Eternelles shall advise the user immediately and offer its assistance services. If the user agrees to use said services, they shall be billed by le Haras des Eternelles at 150 including tax. If the user refuses said services and calls a breakdown service, driver waiting time shall be billed to the User in addition to the Service at a cost of 30 including tax per hour, divisible into half-hour intervals. Half-hours that have been commenced shall be billed in full Accident In the event of accident involving the vehicle while it is being ferried, le Haras des Eternelles shall report the accident to its insurers and use its assistance service. If the insurers decide that le Haras des Eternelles was not at fault in the accident, no penalty shall be charged to it. If le Haras des Eternelles was fully or partially at fault in the accident, le Haras des Eternelles shall be liable for the impact of the accident on the conveying Service as follows: if the accident gives rise to no delay that prevents VALET PARKING Service being provided at the agreed time, the cost of the completed Service shall be chargeable; if the accident gives rise to delay that prevents the VALET PARKING Service being provided at the agreed time but does not lead to the vehicle being unavailable for a long period, the Service shall be provided free of charge. Le Haras des Eternelles shall refund the price paid for the Service to the user within the following 30 days and shall be responsible for: repair of the vehicle through le Haras des Eternelles insurance management and payment of reservation of a later VALET PARKING service organising custody and all associated expense if the recovered vehicle is placed on a waiting list for VALET PARKING after the original date Le Haras des Eternelles shall not be liable for any other expense caused by late delivery of the vehicle if the accident leads to a delay that prevents vehicle handover to VALET PARKING at the agreed time or therefore conveying, the VALET PARKING service shall be treated as not performed and the cost shall be refunded to the user by le Haras des Eternelles Loss or theft of documents and/or key In the event of theft or loss of papers or the key from the vehicle while it is being ferried, le Haras des Eternelles shall advise the user and pay for the replacement of lost or stolen items.

8 11.4. Vehicle loss or theft In the event of vehicle loss or theft while it is being ferried, le Haras des Eternelles shall make a claim to its insurer. Le Haras des Eternelles and Aéroports de la Côte d Azur (the Airport manager) accept no liability for loss or theft of the vehicle while it is in the Airport car part. It shall then be up to the user to make a claim to his/her insurer Damage to the vehicle while in the car park Le Haras des Eternelles and Aéroports de la Côte d Azur accept no liability for damage, vandalism etc. to the vehicle while it is in the AIRPORT car park. It shall then be up to the User to make a claim to his/her insurer. The user may consult car park regulations on the Airport website Loss or theft of baggage When handed over to le Haras des Eternelles, vehicles are assumed to contain no goods, objects or personal effects. If requested by the user, le Haras des Eternelles may allow vehicles to carry baggage but accepts no liability for the contents of such baggage or for any damage to, or disappearance of, the baggage during the conveying of the vehicle. The user should therefore insure his/her baggage and comply with all national and/or international regulations and/or administrative requirements to ensure its freedom of movement User unavailability during vehicle handover If the user is unavailable when the vehicle is handed over to le Haras des Eternelles, the latter shall: contact the user immediately: the user is contacted and agrees to come: waiting time billed at 60 including tax per hour, divided into 15- minute slots (first 5 minutes free of charge; first 5 minutes are included in the first 15-minute slot) the user is contacted but is unable to come: the driver leaves and the Service remains chargeable the user cannot be contacted: driver waits another 15 minutes before trying to contact the User again: the user is contacted and agrees to come: waiting time billed at 60 including tax per hour, divided into 15- minute slots the user is contacted but is unable to come: the driver leaves and the Service remains chargeable the user cannot be contacted: the driver leaves and the Service remains chargeable

9 11.8. User unavailability during vehicle return If the User is unavailable at vehicle handover, le Haras des Eternelles shall - contact the user immediately: the user is contacted and asks the driver to wait: first 15 minutes of wait free of charge; waiting time billed at 60 including tax per hour, divided into 15-minute slots. the user cannot be contacted: driver waits another 30 minutes before trying to contact the user again: the user is contacted and asks the driver to wait: waiting time billed from the call at 60 including tax per hour, divided into 15-minute slots the user cannot be contacted or is contacted but is unable to come: driver leaves with the vehicle and leaves it in an attended car park: parking is billed at 48 including tax per indivisible 24 hour period rendezvous is arranged with the User for vehicle delivery; 50% supplement is applied to the cost of the original Service Driver is unavailable and/or late collecting the vehicle If no driver arrives to collect the vehicle, le Haras des Eternelles shall implement an alternative solution. If the driver is late collecting the vehicle: and the delay does not prevent vehicle collection by VALET PARKING within the agreed time but is more than 15 minutes late, le Haras des Eternelles shall offer the User a 25% discount on the price paid; and the delay prevents vehicle collection by VALET PARKING within the agreed time, le Haras des Eternelles shall: o offer to convey the vehicle; o reserve another VALET PARKING slot (at the expense of le Haras des Eternelles); Vehicle class error by user or by le Haras des Eternelles When agreeing the Service, the user shall declare that his/her vehicle meets the transport requirements of le Haras des Eternelles as specified herein. If a Service has been ordered and le Haras des Eternelles driver arrives to collect the vehicle concerned but the vehicle itself is considered not to meet requirements, the Service shall be chargeable in full. Under no circumstances shall the driver take charge of any vehicle that is not in the vehicle class stated on the VALET PARKING ticket. If the vehicle class error is imputable to le Haras des Eternelles, the full price of the Service shall be refunded by le Haras des Eternelles to the User and his/her vehicle shall be returned free of charge.

10 General terms and conditions of vehicle return VALET PARKING shall deliver the user's vehicle 30 minutes after flight touch-down as reported on the AIRPORT website and/or the iphone/android app. The user shall inform le Haras des Eternelles of all flight changes. The vehicle shall be returned upon presentation of the order (e mail) or of an identity document. 12. Personal data By ordering a Service on the Website, the user agrees that his/her personal data (as given on the Website) may be transmitted to le Haras des Eternelles and then stored by the latter for Service purposes. In return, le Haras des Eternelles shall comply with the law and regulations on personal data protection and for this purpose shall submit all necessary declarations and requests for automatic data processing permits to the Commission Nationale de l'informatique et des Libertés (French national data protection commission - C.N.I.L.) or to any administrative authority that replaces it. Under the law of 6 January 1978 as amended, the User has a permanent right to access and correct his/her personal data using the following methods: by sending a letter to: LE HARAS DES ETERNELLES 110 Avenue de Verdun SAINT LAURENT DU VAR FRANCE contact@lhde.fr by sending a withdrawal to: 13. Applicable law - Language - Disputes The present Terms and Conditions are governed by French law. The contract information on the Website is given in French. In the event of dispute as to the interpretation or implementation of the agreements between them, the Parties shall seek an amicable agreement before undertaking any legal action. In the event of failure to reach an amicable agreement, disputes arising from this contract shall be put before the Commercial Court of ANTIBES, subject to ordinary law requirements.

11 TERMS OF USE OF THE SERVICE FOR RESERVING PRODUCTS FROM THE MERCHANTS AT NICE COTE D AZUR AIRPORT Any use of this Service implies acceptance of these Terms of Use. These provisions shall prevail over any other document and may be modified at any moment in time. Article 1. Subject-matter Definitions Scope This document (hereinafter the Terms of Use ) sets out the terms and conditions governing the use of the service for on line viewing and booking of products sold by the Merchants at their respective stores in the terminals of Nice Côte d Azur airport (hereinafter the Service ), as defined in article 3.1. This Service is provided free of charge to Users via the website (hereinafter the Site ), which is administered by Aéroports de la Côte d Azur ( ACA ), the company that runs the Airport, in order to promote the goods of the Merchants. All agreements or contracts arising from the use of the Service, such as linked to the reservation or the eventual purchase of Products, shall be deemed to be formed exclusively between the Merchant and the User, ACA being merely a third party facilitator of the transaction. The relationship between the Merchant and the User shall in any event be governed by these terms and conditions. Airport shall mean Nice Côte d Azur airport. Merchants shall mean all of the companies authorised by ACA to perform a craftsmanship or trading activity at the Airport, as listed on the Site, which offer Users the possibility to reserve their Products via the Site. Products shall mean all of the goods sold directly by the Merchants to members of the public at their stores located in the terminals of the Airport, that they promoted via the Site and allow the User to reserve in keeping with the terms that are set out below. User shall mean natural persons who use the Site and who have booked a flight departing from the Airport. Article 2 Prerequisites for using the Service The Service is offered solely on the Site and is accessible to Users who have created a personal account on the Site and who have a valid address. Users must fill in the mandatory fields of the subscription form available on the Site and accept these Terms of Use in order to reserve a Product. Article 3 Reserving a Product 3.1 Principle of reservation lack of commitment by the User Upon accessing the dedicated page of the Site, the User can view the Products that are sold by the Merchants in their respective stores at the Airport and may reserve one or more of these Products. By agreeing to reserve one or more Product(s) via the Site, the User merely secures an option to buy the Product(s) involved from one or more Merchants, around the time of his flight from the Airport.

12 The Merchant(s) then pledge to prepare the Product and make it available on the date of the flight indicated by the User in order to enable the User, should he wish to do so, to claim the selected Product(s) and to buy them from the Merchant s store in the Airport terminal. The User does not have any obligation to claim and purchase the Product he has reserved, and he may cancel the reservation at any moment in time under the terms and conditions that are set out below. The Service, which therefore does not involve any online or mail-order sale, is not governed by France s rules applicable to mail-order sales, such as the provisions of articles L et seq. of France s Code de la consommation [consumer laws]. The Site can be used to view photographs and illustrations that provide Users with an overview of the Products on offer. These photographs and illustrations are designed to indicate the category of the Products presented or their nature, and cannot under any circumstance be considered as contractually binding on the Merchants. The availability of the Products and of the quantity requested is not guaranteed to the User Actions and steps involved in the reservation process confirmation documents By clicking on the pages of the Site, and then by filling in the supplied forms, the User: - Selects the Product(s) that he wishes to reserve and confirms the reservation, entering the date/time/flight no. of his flight departing from the Airport as well as the name of the airline. - Fill in the identification form, by providing the following mandatory information: last name, first name, postal address, and password. - Validate his request, accepting these Terms of Use. - Immediately after validating the request, the User shall receive a reservation confirmation from the Site containing information pertaining to the order (Product description, prices) and the order number. - Within 24 hours of this confirmation, the Merchant shall contact the User by and confirm which Products are available and where they should be collected Cancellation by the User The User may cancel his reservation at any moment in time, using the contact form available on the Site. Once the cancellation has been registered by the Merchant (via the Site), the cancellation shall be confirmed to the User by electronic mail. Should the User neither claim nor purchase the Products reserved on the date of the flight stated upon making the reservation, the reservation shall be cancelled automatically once this deadline has elapsed Modification of the reservation The reservation can be modified by the User up to 24 hours before departure using the contact form available on the Site. The modifications shall be taken into consideration by the Merchant subject to the availability of the Products sought.

13 3.5. Pricing terms and conditions Variation of the price The prices quoted on the Site are set freely by the Merchant as part of its commercial activity. The prices are quoted for information purposes only and may be modified between the time when the User sees them on the Site and makes a reservation, and the time when he actually purchases the reserved Product at the point of sale of the Merchant. Only the price applicable on the acquisition date, as quoted in the Merchant s store, shall be binding upon the User of the Service. The Site shall present promotional offers proposed by certain Merchants. However, these offers shall only be available to the Users provided that they are still open at the point of sale of the Merchant when the User actually buys the Products at the point of sale. Article 4 Presentation of the Products Specific regulations The Products that are presented on the Site may be subject to specific regulations. The Merchant shall do everything in its power to post photographs and illustration which provide the Users of the Site with an overview of the products on offer. These photographs and illustration are designed to provide an indication of the products on offer and their quality, and shall not be contractually binding on the Merchant. They shall for instance be subject to customs regulations governing quotas and regulated products. It is the User s responsibility to inquire into the regulations that are applicable to him depending on his specific travel plans: port of embarkation, stop-overs, destination country. The User shall be responsible for inquiring into the official and/or regulatory formalities applicable to reserving, acquiring and transporting the Products. It is the User s sole responsibility to comply with these formalities and regulations. ACA or the Merchants shall not be liable under any circumstance for these matters. Even if they have been reserved beforehand by the User, regulated products, such as alcohol and derivative products, shall not be handed over or sold at the points of sale of the Merchants to minors aged under 16, in accordance with articles L and L of France s Code de la Santé publique [public health laws]. Article 5 Formation of the contract for sale between the Merchant and the User Payment The contract for sale between the Merchant and the User shall only be deemed to be formed at the time when the User: - Has come to collect the Products from the Merchant s store on the date of the flight indicated at the time of making the reservation, and - Has paid the Merchant directly for the Products. The purchase of the Product shall then take place subject to the prevailing terms of sale of the Merchant, which were accepted by the User at the store prior to the purchase.

14 Article 6 Personal data The information provided by the User in the course of registering and making reservations shall be transmitted to ACA and to the Merchant involved. In accordance with the provisions of France s data protection law no of 06/01/1978, since modified, the User shall have the right to access and to rectify any information that concerns him. This right may be exercised by contacting: - Aéroports de la Côte d Azur: Aéroport Nice Côte d Azur Département Marketing - Service Relation Clients BP Nice Cedex 3 France. - The Merchant involved at the address indicated on the Site. Article 7. Liability Any requests for the reservation of Products and any contracts for sale arising from the use of the Service shall take place as part of a contractual relationship between the User and the Merchant arranged via the Site. The Merchant shall not be liable in case of unavailability of the Products reserved on the Site at a given point of sale, nor for any failure to complete the sale, whatever the reason for this, when the User turns up at the point of sale. The Merchant has no control over the capability of the Users to use the Service or to reserve the Products. The Merchant does not guarantee the completion of the contracts for sale at the points of sale. The Merchant shall not be liable to the Users of the Site for the quality of the goods manufactured by suppliers, nor for the suitability of these goods to the Users needs or expectations. Therefore, in accordance with article L of France s Code de la consommation [consumer laws], ACA hereby disclaims liability in case of non-performance of the Merchant s obligations or in case of improper use of the Service by the User or by any third party or in the event of circumstances of force majeure as defined by the case law of the French courts. ACA hereby disclaims liability for any failure or inability to honour a booking or to buy a Product owing to the unavailability of the Service such as due to disruptions or problems linked to the means of communication or in the event of circumstances of force majeure. The User shall bear any damage that he may incur or cause upon using the Service. ACA cannot be held liable in the event of a dispute concerning the use of the Service by the User. The latter therefore pledges to abandon any claims against ACA, the French State and their respective servants and agents.

15 Article 8 Claims and disputes Any request for information or details and any claims concerning the reservation of a Product must be sent directly to the Merchant involved, whose contact details are indicated on the Site. Any other request concerning the use of the Site must be sent to ACA using the contact forms available on the Site. Only the French version of these Terms of Use shall be binding on the parties. Should a dispute arise over the interpretation or performance of this contract, the latter shall be brought before the courts of the Alpes Maritimes district, save in case of disputes between parties who are not merchants, which shall be dealt with by the appropriate courts.