CEETIZ offers Web surfers, through the CEETIZ website at URL address: http://www.ceetiz.com/ and all the different language versions of the website: .de, .fr, etc. (hereinafter the "Website") tourism, leisure and recreational activities (hereinafter the "Activity" or the “Activities”) provided by service providers that are independent partners of CEETIZ (hereinafter the "Partner(s)").
These general Terms and Conditions of Sale (hereinafter the "Conditions") define the terms and conditions in which CEETIZ (hereinafter "CEETIZ") sells their Partners’ offers.
CEETIZ reserves the right to amend these Conditions at any time, without notice, it being agreed that such amendments shall not apply to orders that have previously been accepted and confirmed by CEETIZ. Thus, the Conditions, that may be updated and amended at any time, may be consulted regularly and apply, as soon as they are updated, to any new order.
Any booking or order placed on the Website requires full and entire acceptance of such Conditions and payment of the amounts due in respect of bookings that have been made and confirmed.
CEETIZ is a Société par actions simplifiée (simplified stock company) governed by French law, with share capital of €53,580, with its registered office at 13-15 rue des Sablons in PARIS (75116), registered with the PARIS Trade and Companies Registry under the number RCS 529 957 482.
• The company’s email address: email@example.com
• The company’s telephone number: (00 33) 1 84 88 03 94
• Individual VAT identification number: FR69 529 957 482
CEETIZ is registered with the register of travel agents and tour operators in France under number IM075120074 (ATOUT France, 79/81 rue de Clichy 75009 Paris).
Within this framework, CEETIZ has taken out an insurance policy with GENERALI IARD No. AM510421 (7 bvd. Haussmann, 75009 PARIS) and benefits from a financial guarantee from ATRADIUS Ltd (159 rue Anatole France CS50118 92596 Levallois-Perret).
Bookings of Activities are made via the Internet on the Website and on partner Websites. The procedure for placing orders on the Website consists of the following stages, in particular:
2.1 Selection on the Website by the Web surfer of one or more Activities among the dates proposed
Availability of Activities – Dates proposed
CEETIZ endeavors to promptly update the availability of Activities but it is duly specified that CEETIZ cannot guarantee the availability of all the Activities for all the proposed dates. This is the reason why, before entering into the contract and collecting the payment from the Web surfer, CEETIZ makes the verifications defined in Article 2.5 below.
Certain Activities may be subject to restrictions (age, etc.) and it is up to Web surfers to check them and to ensure that they meet any conditions indicated on the Website.
As necessary, it is specified that each Web surfer is obliged to obtain information on the formalities for entering and spending time in the country in which the selected Activity is proposed, as well as any restrictions (health, etc.).
Price of Activities
Unless otherwise stated, the prices indicated are per person and inclusive of tax. It is specified that certain transactions may involve bank fees, and in such case the Web surfer must contact his/her bank in order to learn the amounts and conditions thereof. The prices are specified on the Website in the browsing currency requested by the Web surfer among those proposed, it being duly specified that this involves conversion of the price defined in the currency accepted by the Partner, at the exchange rate on the date of viewing by the Web surfer.
The prices shown on the Website may be changed without notice, and only become final and binding upon signature of the contract.
2.2 Creation of a customer account and identification process
The Web surfer undertakes to provide the information requested on the Website.
Should he/she fail to answer the questions that are identified as being mandatory, the Web surfer will not be able to go on to the next stage of creation of his/her account.
The Web surfer undertakes to provide accurate information. In the event of an error while entering information, he/she shall immediately inform CEETIZ using the email address firstname.lastname@example.org. CEETIZ may not be held liable for any non-compliance due to the provision of incorrect information by the Web surfer.
2.3 Validation of the booking summary and the Conditions
A summary shows all the information relating to the essential characteristics of the Activities, the price, and the contact details of the Web surfer.
The Web surfer is then required to expressly accept these Conditions in order to register the order.
Payment shall be made in the reference currency indicated, namely the currency accepted by the Partner.
The payment may be made according to the means and under the terms indicated in the basket, as the Web surfer chooses.
Only the price corresponding to the activities that are actually available and confirmed (to the owner of the means of payment) will be collected after processing and confirmation of the booking by CEETIZ as defined in Article 2.5 below. In the case of an order for which certain Activities have not been confirmed as they are not available, the price corresponding to those activities which are not available will not be collected.
2.4.1 Payment by bank/credit card
For payments by bank or credit card, CEETIZ has set up a secure payment system. The Web surfer is then redirected to the secure payment system in order to fill in his/her bank details. The service provider stores the data until confirmation of the order and the resultant payment. CEETIZ disclaims all liability that may result from a data transmission problem.
2.4.2 Payment with ANCV holiday vouchers (hereafter “ANVC vouchers”)
For payments using ANVC vouchers, the customer must strictly adhere to the following procedure:
The Web surfer must imperatively show the Partner his/her voucher, so that the Partner can provide the Activity. In order to avoid any fraudulent use, proof of identity may be requested, and the signature of the voucher or the presentation of the bank or credit card used for the order, where applicable.
Vouchers are valid under the conditions specified at the time of the order, according to the Partner’s availability.
If the voucher is not presented under the conditions set out above, on the agreed dates and at the agreed times, the Web surfer will not be able to have access to the Activity and may not claim any refund.
Any Activity started then abandoned during the course of its performance will be considered to have been used and may not lead to a refund.
In accordance with Article L 121-21-8, 12° of the French Consumer Code (Code de Consommation), the right of withdrawal cannot be exercised for contracts "for accommodation services, other than residential accommodation, freight transport services, car hire, for meals or leisure activities which are to be provided on a specified date or during a specified period".
Inasmuch as the order concerns tourism, leisure and recreational activities which are to be provided on a specified date or during a specified period, the Web surfer therefore does not have any right of withdrawal.
5.1 Activities and services falling within the scope of application of Articles L.211-16 and L.211-17 of the French Tourism Code (Code du tourisme)
It is duly specified that the provisions (as translated into English below) of Articles L.211-16 and L.211-17 of the French Tourism Code are applicable to the Activities falling within their scope of application:
"Any individual or legal entity that carries out the operations described in Article L.211-1 is liable by operation of law to the buyer for the due and proper performance of the obligations resulting from the contract, whether such contract was entered into electronically or not, and whether such obligations are to be performed by the individual or legal entity itself or by other service providers, without prejudice to its right of recourse against such service providers and within the limits of the compensation provided for in the international conventions.
However, it may escape all or part of its liability by providing proof that the non-performance or inadequate performance of the contract is attributable either to the buyer or to an unforeseeable, insurmountable act by a third party not involved in the provision of the services provided for in the contract, or a force majeure event."
"Article L.211-16 does not apply to individuals or legal entities for booking or sales operations, whether entered into electronically or not, that are not part of a tourism package as defined in Article L.211-2, relating either to air tickets, or other travel tickets on regularly scheduled services.”
For any question or claim concerning the performance of the contract, the Web surfer can contact CEETIZ at the following telephone number (0033) 1 84 88 03 94 or send an email to the following address: email@example.com or a letter to the postal address: CEETIZ, 13-15 rue des Sablons 75116 PARIS.
Customers who use the Ceetiz website to book an activity will be asked to evaluate the activity’s quality after carrying it out. These reviews are published on the activity’s description sheet and marked with a blue logo.
Customers who have taken part in an activity proposed by the Ceetiz website can also be asked to leave a review directly with the service provider. These reviews are published on the activity’s description sheet and marked with a green logo.
Ceetiz company employees equally test a maximum of activities in order to assess their quality. These reviews can also be published on the activity’s description sheet, marked with a pink logo.
CEETIZ has obtained a financial guarantee from ATRADIUS Ltd, and has taken out professional third party liability insurance from GENERALI IARD to cover the financial consequences of professional third party liability.
The cover applies on a worldwide basis, on condition that the head office for the business activity or the establishments for which the insurance policy is entered into are located in Metropolitan France, the Overseas Departments or Territories, or the Principalities of Andorra or Monaco.
If any of the provisions of these Conditions are held to be null and void, this invalidity would not lead to the invalidity of the other provisions of the Conditions which will remain in force between the parties.
The entire contractual relationship between CEETIZ and the Web surfer, resulting from the application of these Conditions and all the disputes that result therefrom, of whatever nature, shall be subject to French law in all respects. Any dispute between CEETIZ and the Web surfer which arises from performance of this contractual relationship will be subject to the exclusive jurisdiction of the French courts.
In accordance with Article R. 211-12 of the French Tourism Code, an English translation of the provisions of Articles R. 211-3 to R. 211-11 of the French Tourism Code is set out below:
Article R. 211-3:
"Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of travel or vacation services shall lead to provision of appropriate documents that comply with the rules defined in this section.
In the event of sales of air tickets or travel tickets on regularly scheduled services that are not accompanied by package-type services linked to this transportation, the seller shall provide the buyer with one or more passenger tickets for the entire journey, issued by the airline or other transport company or under its responsibility. In the event of transport on demand, the name and address of the transport company on whose behalf the tickets are issued must be mentioned. Separate invoicing of the various components of a tourism package does not relieve the seller from the obligations borne by it pursuant to the regulatory provisions of this section."
Article R. 211-3-1:
"The exchange of pre-contractual information and the provision of conditions of contract are made in writing. They can take place electronically under the conditions for validity and exercise provided for in Articles 1369-1 to 1369-11 of the French Civil Code. They must mention the name or company name and address of the seller together with details of its registration with the register provided for in Article L. 141-3 or, where applicable, the name, address and details of registration of the federation or union referred to in the second paragraph of Article R.211-2."
Article R. 211-4:
"Before signing the contract, the seller must provide the consumer with information on prices, dates and other components of the services provided for the trip or vacation such as: 1° Destination, the means of transport used, their features and categories;
2° The type of accommodation, location, level of comfort and main characteristics, its official approval and its tourism rating corresponding to the regulations or customary practices in the country concerned;
3° The meals offered;
4° A description of the itinerary in the case of a tour;
5° The administrative and health formalities to be carried out by French citizens or by nationals of another European Union member state or a State that is a party to the European Economic Area agreement particularly in cases involving crossing borders and the time periods required for accomplishment thereof;
6° The visits, excursions and other services included in the package or that may possibly be available at an additional cost;
7° The minimum or maximum size of the group for the trip or vacation and, if maintenance of the trip or vacation depends on a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or vacation; this date cannot be less than twenty-one days prior to departure;
8° The amount or percentage of the price to be paid as a deposit upon signature of the contract and the payment schedule for the balance due;
9° The conditions for revision of the prices as provided for by the contract pursuant to Article R. 211-8;
10° The conditions for cancellation of a contractual nature;
11° The conditions for cancellation defined in Articles R. 211-9, R. 211-10 and R. 211-11;
12° The information concerning the optional subscription of an insurance policy covering the consequences of certain cases of cancellation or a travel assistance policy covering certain specific risks, such as, in particular, repatriation costs in the event of accident or illness;
13° When the contract includes air transport services, the information, for each leg of the flight, provided for in Articles R. 211-15 to R. 211-18."
Article R. 211-5:
"The prior information provided to the consumer is binding on the seller unless, in such information, the seller has expressly reserved the right to modify certain components thereof. The seller must, in such case, clearly indicate the extent to which this modification can take effect and with regard to which components.
In any event, the modifications made to the prior information must be provided to the consumer before the contract is signed."
Article R. 211-6:
"The contract entered into between the seller and the buyer must be drawn up in writing, in two original counterparts, one of which is provided to the buyer, and signed by both parties. When the contract is signed electronically, Articles 1369-1 to 1369-11 of the French Civil Code apply. The contract must contain the following clauses:
1° The name and address of the seller, its guarantor and its insurer and the name and address of the trip organizer;
2° The destination or destinations of the trip and, in the event of a trip in several stages, the various periods and the dates thereof;
3° The means of transport used, their features and categories, the dates and the places of departure and return;
4° The type of accommodation, location, level of comfort and main characteristics and its tourism rating pursuant to the regulations or customary practices in the country concerned;
5° The meals offered;
6° A description of the itinerary in the case of a tour;
7° The visits, excursions or other services included in the total price of the trip or vacation;
8° The total price of the services invoiced and the indication of any potential revision of this invoiced amount pursuant to the provisions of Article R. 211-8;
9° The indication, where applicable, of the fees or taxes relating to certain services such as landing taxes, disembarkation or embarkation fees at ports and airports or tourist taxes when they are not included in the price of the service or services provided;
10° The payment schedule and methods of payment of the price; the last payment made by the buyer may not amount to less than 30% of the price of the trip or vacation and must be made at the time of submission of the documents enabling the person to make the trip;
11° The special conditions requested by the buyer and accepted by the seller;
12° The manner in which the buyer can make a claim to the seller for non-performance or inadequate performance of the contract; such claim must be sent as soon as possible, by any means that makes it possible to obtain confirmation of receipt, to the seller, and, where applicable, specified in writing to the trip organizer and the service provider concerned; 13° The deadline for informing the buyer in the event of cancellation of the trip or vacation by the seller in the event that maintenance of the trip is related to a minimum number of participants, in accordance with the provisions of paragraph 7° of Article R. 211-4;
14° The conditions for cancellation of a contractual nature;
15° The conditions for cancellation provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
16° Details concerning the risks covered and the amount of the cover under the insurance policy covering the consequences of the seller’s professional third party liability;
17° Details concerning the insurance policy covering the consequences of certain cases of cancellation entered into by the buyer (policy number and name of insurer) as well as those concerning the travel assistance policy covering certain specific risks, including in particular the repatriation costs in the event of accident or illness; in such case, the seller must submit a document to the buyer giving details at least of the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of transfer of the contract by the buyer;
19° The undertaking to provide the buyer, at least ten days prior to the scheduled date of departure, with the following information:
The name, address and telephone number of the local representative of the seller or, failing this, the names, addresses and telephone numbers of the local organizations that may be able to assist the consumer in the event of any difficulties or, failing this, the hotline number which makes it possible to contact the seller in the event of an emergency;
b) For foreign trips by under-age minors, a telephone number and address making it possible to get into direct contact with the child or the person in charge of the trip at the trip location;
20° The clause for termination and refund without penalties of the amounts paid by the buyer in the event of non-compliance with the obligation to inform provided for in paragraph 13° of Article R. 211-4;
21° The undertaking to provide the departure and arrival times to the buyer, in a timely manner prior to the start of the trip."
Article R. 211-7:
"The buyer can transfer his/her contract to a transferee who meets the same conditions as him/her to make the trip or go on the vacation, as long as this contract has not produced any effect. Unless there is a provision that is more favorable to the transferor, the transferor is obliged to inform the seller of his/her decision by any means that makes it possible to obtain confirmation of receipt at least seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, in any case, to a prior authorization by the seller."
Article R. 211-8:
"When the contract provides for the express possibility of price revision, within the limits provided for in Article L. 211-12, it has to mention the precise methods of calculation of the price variations, both upwards or downwards, and in particular the amount of the transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or vacation, the share of the price to which the variation applies, the exchange rate of the currency or currencies used as a reference at the time of determination of the price set out in the contract."
Article R. 211-9:
"When, prior to the buyer’s departure, the seller is obliged to make a modification to any of the essential components of the contract such as a significant price increase and when it fails to comply with the obligation to inform provided for in paragraph 13° of Article R. 211-4, the buyer can, without prejudice to a claim for compensation for any damage that may have been suffered, and after having been informed by the seller by any means that makes it possible to obtain confirmation of receipt therefor: - either terminate his/her contract and obtain the immediate refund of the amounts paid without any penalties; - or accept the modification or the alternative trip offered by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any decrease in price will be deducted from the amounts that may potentially remain due by the buyer and, if the payment already made by the buyer exceeds the price of the modified package, the overpayment must be returned to his/her prior to departure."
Article R. 211-10:
"In the case provided for in Article L. 211-14, when, prior to the buyer’s departure, the seller cancels the trip or vacation, it must inform the buyer by any means allowing it to obtain confirmation of receipt; without prejudice to any claim for compensation for the damage potentially suffered, the buyer shall obtain from the seller the immediate refund of the amounts paid without any penalties; in such a case, the buyer shall receive compensation at least equal to the penalties that he/she would have had to pay had the cancellation been made by him/her at such date.
The provisions of this Article do not in any way prevent the signature of an amicable settlement agreement for the purpose of acceptance, by the buyer, of an alternative trip or vacation offered by the seller."
Article R. 211-11:
"When, after the buyer’s departure, it is impossible for the seller to provide a preponderant share of the services provided for in the contract representing a non-negligible percentage of the price paid by the buyer, the seller must take the following steps immediately, without prejudice to any claim for compensation for the damage potentially suffered: -either offer services to replace those provided for after potentially paying any additional cost and, if the services accepted by the buyer are of inferior quality, the seller must refund him/her for the difference in price upon his/her return;
- or, if it cannot offer any replacement service or if the services are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with the passenger tickets to enable him/her to return under conditions that can be deemed to be equivalent to the place of departure or to another place accepted by both parties. The provisions of this Article are applicable in the event of non-compliance with the obligation provided for in paragraph 13° of Article R. 211-4."