Terms and Conditions of Sale

Article 1. Scope of Application

The website managed by La Rochelle Tourisme Événements, located at Quai Louis Prunier – BP 3106, 17033 LA ROCHELLE CEDEX, registered under Law no. 2009‑888 of 22 July 2009 under the number IM 017 110002, intra‑community VAT number FR 76 353 103 948 00033, SIRET number 353 103 948 00033.
Telephone: +33 (0)5 46 41 14 68 – [email protected] is an e‑commerce website accessible via the internet at the address www.nous-larochelle.fr (hereinafter called “the Site”).

These general terms and conditions (hereinafter “the GTC”) apply to all sales of services, namely ticketing for guided or commented visits, cultural, sporting, leisure and performance events, individual tourist packages within the meaning of Article L211‑1 of the Tourism Code, accommodation bookings (hereinafter “the Services”) concluded via the Site between La Rochelle Tourisme Événements (hereinafter called “La Rochelle Tourisme Événements”) and a customer who is an internet user domiciled in France or in a member country of the European Union, holding consumer status under the preliminary provision of the Consumer Code (hereinafter “the Customer”).

These GTC, together with the order and the description of the Services, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs which have merely indicative value.

The fact that the Customer or La Rochelle Tourisme Événements does not at any time invoke any one of these GTC cannot be interpreted as a waiver of the right to invoke any one of said conditions later on.

Article 2. Prior Acceptance of the GTC by the Customer

Placing an order implies the Customer’s prior acceptance of these GTC.
To manifest their acceptance, the Customer must, before finalizing the order, tick a box stating that they have read the GTC and expressly accept them unconditionally. No order may be placed on the Site without this prior acceptance.

Article 3. Scope of the Offer

The offers of Services proposed on the Site are exclusively intended for:

• the territory of metropolitan France, excluding overseas departments, regions or collectivities,
• natural persons of legal age who have the capacity to contract and who have consumer status within the meaning of the preliminary provision of the Consumer Code.

The Service offers appearing on the Site, as well as these GTC, are available in the French language.

Article 4. Customer Registration and Identification on the Site

In addition to accepting these GTC, placing an order is conditional upon the prior opening of a customer account (hereinafter “the account”) on the Site.

Only a Customer having an account may conclude an online sale contract with La Rochelle Tourisme Événements.

Opening an account on the Site is free of charge (excluding any fees for internet access, the cost of which depends on the electronic communications operator), and with no obligation to purchase on the Site.

Account opening is reserved for strictly personal, private use.

To open an account on the Site, the Customer must provide their contact details to La Rochelle Tourisme Événements for identification purposes, namely: last name, first name, date of birth, mobile phone number, email address, postal address (for billing and delivery), username and password.

When opening the account, the Customer undertakes to provide only accurate, complete and up‑to‑date information.

The Customer must in particular ensure the e‑mail address and other contact details provided at account opening are valid and kept up to date. The e‑mail address is considered a personal address to which all messages sent by La Rochelle Tourisme Événements will be addressed, and will also serve as the Customer’s login identifier on the Site.

The Customer agrees to promptly notify of any change affecting their contact details, using the dedicated section made available in their account.

To access their account and place an order, the Customer must enter their username and password.

The username and password are strictly personal and confidential. The Customer agrees not to disclose them to any third party or to transfer them. Any order placed using these credentials will be presumed to have been made by the Customer and will accordingly bind the Customer vis‑à‑vis La Rochelle Tourisme Événements.

In case of loss, diversion or fraudulent use of the username and/or password, the Customer must as soon as possible notify La Rochelle Tourisme Événements’ customer service by email at [email protected]. After verifying the identity of the account holder, a link to the page for changing the username and password will be sent by email by La Rochelle Tourisme Événements to the Customer’s email address.

Article 5. Characteristics of the Services

In accordance with Article L.221‑5 of the Consumer Code, the Customer is informed, prior to placing the order and/or concluding the contract, of the general and specific conditions of sale, and notably of all the characteristics of the Services on the Site, as well as their prices. The Customer is required to refer to the description of each Service in order to know its characteristics.

The terms of participation for certain Services offered by La Rochelle Tourisme Événements are detailed on the Site and have contractual value.

For any further question or clarification, the Customer may also contact customer service by email at [email protected] or by telephone at +33 (0)5 46 41 14 68 between 10 am and 1 pm and 2 pm and 5 pm from Monday to Friday.

Service offers are identified on the Site by one or more photos, descriptive text, locations, dates of events, and a price in euros, VAT included at the rate in force, excluding any local taxes, notably the tourist tax in the case of seasonal rentals.

Article 6. Intellectual Property

All texts, comments, illustrations, images reproduced or displayed on the Site are strictly reserved under intellectual property law for the duration of protection of these rights and worldwide. In this respect, and in accordance with the provisions of the Intellectual Property Code, only use for private use is permitted, subject to any contrary or more restrictive provisions of that Code. Any reproduction, representation, alteration or adaptation, in whole or in part, of the Site and/or of any part of the elements on the Site or incorporated in it is strictly prohibited.

Company names, trademarks and distinctive signs reproduced on the Site are also protected. The reproduction or representation of all or part of any of the abovementioned signs is strictly prohibited and must be the subject of prior written authorization from the holder of the rights.

Article 7. Ordering and Order Validation Procedures on the Site

The contract is concluded between La Rochelle Tourisme Événements and the Customer via the Site according to the following steps:

1. The Customer selects the Service(s) desired. He or she is informed in real time of the availability of the Services.
2. Then the Customer confirms their choices by validating their basket.
3. The Customer logs in to their account using their username and password, or if not already registered, opens an account under the terms defined in Article 4 "Customer Registration and Identification on the Site".
4. The Customer confirms the email address to which they wish to receive the tickets, reservations, or vouchers in dematerialized form.
5. A window opens with a summary of the contents of the order, and of its total price, all taxes included, for validation by the Customer. The Customer then has the option to modify the order in whole or in part, in particular regarding selected Services, billing address. In that case, a new order summary is submitted to the Customer.
6. Before validating the order, expressly recalling that placing an order obliges payment, the Customer reads these GTC displayed on the Site and signifies their acceptance by ticking the box provided for this purpose.
7. The Customer proceeds with the secure payment of the order by validating their credit card details. At this stage, the Customer can no longer modify or cancel their order. In case of cancellation or complaint due to date or price error, no refund may be demanded by the consumer.
8. After verification of the order, and the effective payment, La Rochelle Tourisme Événements sends an email confirming the order, with a summary thereof, as well as the GTC (accessible in PDF format).
9. If no order confirmation email is received by the Customer within forty‑eight clear hours after placing the order, it is automatically cancelled. In that case, the Customer is assured that their bank account will be credited.

Service offers are proposed only as long as stocks last.

In case one or more Services become unavailable after the Customer has placed the order, La Rochelle Tourisme Événements will inform the latter as soon as possible by email, and the entire order will be automatically cancelled. In such case, the Customer is assured that their bank account will be credited.

La Rochelle Tourisme Événements will debit from the Customer’s bank account the amount of the concerned order.
Once the order is confirmed by La Rochelle Tourisme Événements under point 8), the latter undertakes to send in dematerialized form to the Customer’s email address the vouchers for the Services (tickets, reservations, vouchers etc.) covered by said order as soon as possible.
If the Service is not in conformity with the order, the Customer must as soon as possible send a complaint to La Rochelle Tourisme Événements under Article 18 “Handling of Complaints” below, in order to obtain replacement of the Service concerned, or possibly the rescission of the contract.

La Rochelle Tourisme Événements reserves the right not to proceed with an order placed by the Customer on legitimate grounds as provided by Article L.121‑11 of the Consumer Code.

Article 8. Price

Service offers are identified on the Site by one or more photos, a descriptive text and a price in euros, VAT included at the rate in force, excluding any local taxes, notably tourist tax in the case of seasonal rentals, or lodging.
The price does not include the optional insurance cost which may be offered within the framework of certain Services and the related handling fees.

Offers and prices appearing on the Site are valid as long as they remain visible on the Site, and subject to availability.

The fact that the Customer validates their order implies the obligation to pay the price indicated.

La Rochelle Tourisme Événements reserves the right to change the prices of the Service offers posted on the Site at any time.

Services will be invoiced according to the prices displayed online at the moment of order confirmation under point 7) of Article 7 “Ordering and Order Validation Procedures on the Site”.

Article 9. Payment

Payment for orders is made by credit card (Visa, Mastercard, other bank cards) on the Site of La Rochelle Tourisme Événements.

In case payment authorization is refused by the banking institution, the Customer’s order will be automatically cancelled. In such case, a cancellation email is sent to the Customer with the references of the concerned order.

Any sum paid by the Customer for the Service, and not representing the total price of purchase constitutes a deposit on the sale price definitively due by the Customer.
No banking information is stored in the databases.

Article 10. Payment Security

The Site is equipped with an online payment security system allowing the Customer to encrypt transmission of their banking data. The PayBox service meets all market security obligations: the security of the Customer’s banking data is ensured, as is its authentication directly with their bank.
To protect the Customer against possible intrusion or data capture, La Rochelle Tourisme Événements does not store credit card numbers on its computer servers.

Article 11. No Right of Withdrawal

It is specified that pursuant to Article L221‑28 of the Consumer Code, services related to accommodation other than residential accommodation, to transportation of goods, car rentals, catering or leisure activities which must be provided at a determined date or period do not benefit from the right of withdrawal provided for in Articles L221‑18 et seq. of the Consumer Code.

Likewise, under Article L221‑2 of the Consumer Code, contracts concerning a tourism package do not benefit from the right of withdrawal provided for in Articles L221‑18 et seq. of the Consumer Code.

Article 12. Legal Guarantees

It is specified that La Rochelle Tourisme Événements is bound by the legal guarantee of conformity on goods sold as mentioned in Articles L.217‑4 et seq. of the Consumer Code, and that relating to defects in the item sold under the conditions provided in Articles 1641 to 1648 and 2232 of the Civil Code.

Articles L.217‑4, L.217‑5, L.217‑12 and L.217‑16 of the Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in Annex 1 below.

Article 13. Personal Data

In accordance with the applicable legislation and regulations on the processing of personal data and, in particular, Law no. 2018‑493 of 20 June 2018 relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, it is specified that La Rochelle Tourisme Événements ensures to collect and process only personal data strictly necessary for managing the customer account, processing and following up orders.

Such personal data are processed by La Rochelle Tourisme Événements (and its subcontractors) in connection with the execution of purchase operations carried out via the Site, and may be transmitted for this purpose to determined recipients necessary for the execution of sales, to accomplishment of administrative formalities and declarations relating thereto.

These personal data are not resold to third parties for advertising or other purposes, and are not transferred outside the territory of the European Union.

La Rochelle Tourisme Événements undertakes to ensure the security of the personal data which it retains for the purposes of carrying out and following up orders.

In accordance with the regulations, the Customer has the right of access, rectification, erasure, restriction of processing, and portability of personal data concerning them, as well as the right to define their fate after death, which may be exercised by email at [email protected] or by postal mail to the Vendor’s address “La Rochelle Tourisme – Quai Georges Simenon – Le Gabut – 17000 LA ROCHELLE”, accompanied by a copy of a signed identity document. In case of dispute, the Customer also has the right to contact the CNIL (French Data Protection Authority).

Article 14. Electronic Proof – Archiving

Unless proven otherwise, data recorded in the IT system of La Rochelle Tourisme Événements constitute proof of all transactions concluded with the Customer via the Site.

In accordance with Article L134‑2 of the Consumer Code, La Rochelle Tourisme Événements archives the sales contract concluded with the Customer for any order amount exceeding €120 for a duration of 10 years.
Retained are: the order details, the description of the Services ordered, the general terms and conditions of sale in force on the day of the order, the elements provided by the Customer for placing the order.

The Customer may access the archived electronic contract by sending a written request to La Rochelle Tourisme Événements by email at [email protected] or by postal mail to La Rochelle Tourisme – Quai Georges Simenon – Le Gabut – 17000 LA ROCHELLE, specifying the order number and their contact details.

Article 15. Liability

In accordance with Article L221‑15 of the Consumer Code, La Rochelle Tourisme Événements is not liable in the event of non‑performance of the order attributable to the Customer, to the unforeseeable and insurmountable act of a third party, or to a case of force majeure.

Article 16. Insurance

La Rochelle Tourisme Événements has taken out a specific civil liability insurance with AXA ASSURANCES covering risks related to the sale of the Services under these GTC.

Article 17. Force Majeure

Neither party may be held liable for non‑performance, failures or delays in performing any of its obligations which would be due to the other party’s act or to the occurrence of a case of force majeure as defined in Article 1218 of the Civil Code. Force majeure suspends the obligations arising from this contract for the duration of its existence.

Cases of force majeure shall include, without this list being exhaustive, any strike, social unrest, lock‑out, riots, revolutions, declared or undeclared war, fires, explosions, earthquakes, disruptions in transportation, shortage of raw material, as well as all interventions by the public authority, temporary closure by administrative or governmental decision, embargo, act of government.

The party noting the event must without delay inform the other party of its inability to perform its obligation and justify it to them. Suspension of obligations may in no case be a cause of liability for non‑performance of the obligation in question, nor give rise to payment of damages or late penalties.

The performance of the obligation is suspended for the duration of force majeure if it is temporary and does not exceed a period of thirty (30) days. Consequently, from the disappearance of the cause of suspension of their reciprocal obligations, the Parties shall make their best efforts to resume the normal performance of their contractual obligations as soon as possible. To that effect, the party prevented shall notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt.

Article 18. Handling of Complaints

At any time, the Customer has the possibility to contact La Rochelle Tourisme Événements and make any request or complaint regarding the Services ordered using the messaging tool provided on the website.

Aside from dispute resolutions under Article 19 “Consumer Mediation”, or Article 20 “Online Dispute Resolution Platform”, complaints are to be addressed directly by registered mail with acknowledgment of receipt to “La Rochelle Tourisme – Quai Georges Simenon – Le Gabut – 17000 LA ROCHELLE,” indicating the references of the order concerned.

Article 19. Consumer Mediation

In accordance with the provisions of Article L616‑1 of the Consumer Code concerning amicable settlement of disputes:
Mediator contact details: Association Médiation Tourisme et Voyage,
In case of dispute, the Customer may submit their complaint on the site: https://www.mtv.travel
or by mail addressed to Association Médiation Tourisme et Voyage, BP 80 303, 75 823 Paris Cedex 17

The Customer may use this mediation service for consumer disputes related to purchases made on the Site.
In accordance with applicable mediation rules, any consumer dispute must first be submitted via the procedure referred to in Article 18 “Handling of Complaints”, before any mediation request.

Article 20. Online Dispute Resolution Platform

In accordance with Article 14 of Regulation (EU) no. 524/2013, the European Commission has established an Online Dispute Resolution (ODR) platform facilitating the independent extrajudicial resolution of online disputes between consumers and professionals in the European Union.
This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

Article 21. Partial Invalidity

If one or more stipulations of these GTC are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and their scope.

Article 22. Applicable Law – Language – Disputes

These general conditions of sale are entirely and exclusively subject to French law.
Only the version of these conditions in the French language shall be authoritative between the parties in the event of dispute, even in the presence of translations, which by express agreement are provided for simple convenience and shall have no legal effect.

Any dispute concerning the formation, validity, interpretation and/or performance of these GTC shall be subject to the jurisdiction of the French courts.

Language Clause

This document is a translation of the original General Terms and Conditions of Sale written in French. It is provided for informational purposes only. In the event of any discrepancy or conflict between this translation and the original French version, the latter shall prevail and be considered legally binding.

Article 23. Mandatory Information

In accordance with Article R.211‑12 of the Tourism Code, Articles R.211‑3 to R.211‑11 of said Code are reproduced below in Annex 2.

Annex 1

Article L.217‑4 Consumer Code
The seller delivers goods that conform to the contract and is liable for defects of conformity existing at the time of delivery.
They are also liable for defects of conformity resulting from packaging, assembly or installation instructions when this has been required of them by the contract or performed under their responsibility.

Article L.217‑5 Consumer Code
Goods conform to the contract if:
1° They are fit for the use habitually expected of similar goods and, where applicable:
‑ if they correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer by way of sample or model;
‑ if they present the qualities that a buyer may legitimately expect given public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if they possess the characteristics agreed upon by the parties, or are suitable for any special use desired by the buyer, made known to the seller and accepted by the latter.

Article L.217‑12 Consumer Code
The action resulting from lack of conformity is time‑barred after two years from delivery of the goods.

Article L.217‑16 Consumer Code
When the buyer requests the seller, during the course of a commercial guarantee granted at the time of acquisition or repair of a movable property, a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee.
This period begins from the buyer’s request for intervention or from the making available for repair of the item in question, if this availability is later than the request for intervention.

Article 1641 Civil Code
The seller is bound by the guarantee for latent defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish its use that the buyer would not have acquired it, or would have given a lesser price if they had known of them.

Article 1648 first paragraph Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.