Special Terms and Conditions of Sale for the “gift vouchers” issued by Cotentin Tourist Office on 25th November 2020.
In accordance with article R211.4 of the Tourism Code, the purpose of the present Special Terms and Conditions of Sale is to inform customers of the Cotentin Tourist Office, the headquarters of which is located at 3 avenue de la République, 50270 Barneville Carteret, before signing the contract, of the information related to said article. In accordance with article L211.9 of the Tourism Code, this pre-contractual information forms an integral part of the contract and can only be modified upon express agreement from both parties. These Special Terms and Conditions can be modified and updated by the Tourist Office at any time. The Special Terms and Conditions to be applied are the ones in force at the time of subscription. The customer shall be provided with the present Special Terms and Conditions when they make a booking with the Tourist Office, and these terms and conditions can be viewed and downloaded on the website: www.encotentin.fr.
ARTICLE 1 – DEFINITION OF THE GIFT VOUCHER
The gift voucher is denominated, developed and produced by the Cotentin Tourist Office 1.
The gift voucher is valid for a stay, comprising the services from the partners that have been selected by the Tourist Office, for their customers.
ARTICLE 2 – ORDER
Gift vouchers can be purchased from the website www.encotentin.fr.
The order is considered final when the Tourist Office receives payment for the gift voucher(s). The Tourist Office will then send the numbered gift voucher(s) by email. The holder shall then contact the Tourist Office sales department to book a stay.
ARTICLE 3 – WITHDRAWAL
The 14 days right of withdrawal does not apply to accommodation, transport, restaurant, or leisure services which are provided on a specific date or period, in accordance with article L121-21-8, 12° of the French Consumer Code.
ARTICLE 4 – VALIDITY PERIOD
The gift voucher is valid until the 30th September 2021.
The gift voucher can be used at weekends between the 1st April and 30th September 2021 (not including July-August).
The expiration date is provided on the gift voucher so that the holder is informed of the deadline for booking a service or requesting an exchange, according to the conditions of article 6..
The Tourist Office reserves the right to complete and/or modify and/or stop issuing these gift vouchers at any time.
In the event that one of the services are no longer available before the validity period has expired, the Tourist Office will offer an alternative service to the holder, or will issue a refund if the holder so wishes (see article 6).
ARTICLE 5 – TERMS AND CONDITIONS OF USE
Once you have been given your gift voucher, and if the purchaser is not the holder, the purchaser shall inform the holder of the present Special Terms and Conditions of Sale.
Any bookings of services will be made with the Tourist Office sales department. The holder shall provide the gift voucher number when contacting this department: by email (reservation@ot-cotentin.fr) / telephone (+33 (0)2 33 78 19 29), from Monday to Friday (9:30am to 12:30pm and 2pm to 5:30pm) .
The Tourist Office shall not be held liable for any unavailabilities on the chosen dates, or for unavailabilities caused by technical issues. It is recommended to book as early as possible, to have a wider selection of dates.
Service providers for accommodation will require the payment of tourist tax.
The gift voucher is valid for the whole period as specified in article 4 of the present Special Terms and Conditions of Sale, after being purchased from the website www.encotentin.fr and will be sent by email from the Tourist Office, within 48 hours, except in the cases specified in article 6.
In the event that the gift voucher is not used or is stolen, neither the purchaser or the holder can request a refund and/or compensation.
The gift voucher does not include transport to the location of the service provided by the selected partner.
No deferrals will be accepted without direct authorisation from the service provider in question (see article 6).
ARTICLE 6 – EXCHANGE / EXTENSION
6.1 – EXCHANGE
On the part of the holder
It is possible to exchange the gift voucher for another one, as long as the purchaser or holder requests this exchange before the gift voucher expires, and before it is used to book a stay. A refund will, in no case, be issued.
The conditions for an exchange are as follows: A single exchange is possible for each gift voucher, without a difference in price that would require a refund from the Tourist Office. The Tourist Office shall send the new gift voucher by email.
Once the holder has booked a stay, the dates cannot be modified without direct authorisation from the service provider in question, or in the event of force majeure (see article 9). The parties can agree on changing the dates of the stay, subject to availabilities.
On the part of the Tourist Office
During the stay, if one of the services is cancelled for reasons beyond the control of the Tourist Office (weather conditions, technical problem, not enough participants, etc.), the Tourist Office can offer an alternative service, or issue a refund for the cancelled service.
6.2 – EXTENSION
No extension shall be permitted, except in the case of force majeure that prevents the service from being enjoyed before the 30/09/2021. In this case, an extension can only be validated, upon agreement by the parties (service providers and Tourist Office), depending on the possibility to provide the services included in the gift vouchers beyond the 30th September 2021.
ARTICLE 7 – RESPONSIBILITIES
When the purchaser buys a tourist package in accordance with article L.211-2 of the Tourism Code:
– the Tourist Office is fully responsible for the proper implementation of the services offered in this tourism package, whether these services are implemented by the Tourist Office themselves or by other travel service providers, without prejudice to the right of appeal against these service providers.
– the Tourist Office shall provide assistance in the event of difficulty.
The purchaser or holder shall inform the Tourist Office as soon as possible, in the circumstances of the case, of any non-compliance detected while using the chosen service.
The responsibility of the Tourist Office is limited to that of an intermediate agent for all services offered with the gift vouchers, not including the tourism packages under article L. 211-2 of the Tourism Code.
ARTICLE 8 – NON-COMPLIANCE
When the gift voucher is provided, the holder is advised to check the details carefully and notify the Tourist Office of any anomalies, as soon as possible, in the event of a delivery error and/or non-compliance of products, in type or in quality, compared to the details on the purchase order. This claim can be made with the Tourist Office by telephone at +33 (0)2 33 78 19 29 from Monday to Friday from 9:30am to 12:30pm and 2pm to 5:30pm or by email to reservation@ot-cotentin.fr. You have a period of two years from receiving the product to act, in accordance with the legal guarantee of conformity.
ARTICLE 9 – CASE OF FORCE MAJEURE
The obligations in the present terms and conditions shall not be applicable or shall be rightfully suspended, without penalty, if they cannot be respected due to a case of force majeure or unforeseeable circumstances as defined by article 1218 of the French Civil Code and by case law, or for any other legal grounds attributable to the purchase, holder or service provider.
All parties shall inform their contractual partner, by all means and as soon as possible in the event of a case of force majeure that should prevent the implementation of all or a part of their contractual obligations.
The parties shall do all they can to prevent or reduce the effects of the non-fulfilment of the contract due to a case of force majeure; the party who wishes to notify another party of a case of force majeure should do so immediately and mention, if necessary, the beginning and end of said case, in order to be cleared of responsibility.
ARTICLE 10 – PROTECTION OF PERSONAL DATA
The Tourist Office may collect personal data that is required in order to process your subscription, monitor your request, send the newsletter, promotions and invitations, or for quality surveys (via email, SMS, telephone calls and postal service). You can unsubscribe at any time by clicking on the link at the bottom of each email, or by writing to reservation@ot-cotentin.fr, with proof of identity.
In accordance with the GDPR, you have the right to access and modify, update, transfer and remove your own personal data. You can exercise this right by contacting the person in charge of personal data processing for the Cotentin Tourist Office at 3 avenue de la République, BP 101, 50270 Barneville Carteret, reservation@ot-cotentin.fr .
Unless you indicate a limitation or opposition to the processing of your personal data, we are entitled to use this information to provide you with the above-mentioned various documentation.
You also have the possibility to file a complaint with the CNIL (French Data Protection Authority).
ARTICLE 11 – INTELLECTUAL PROPERTY / PHOTOS / ILLUSTRATIONS
The photos, maps and illustrations featured in the brochures and/or website are for illustration purposes only and are not binding. Any reproduction or use of these items, whether for commerical reasons or not, is strictly forbidden, unless you have prior written authorisation to do so.
The repeated and systematic extraction of any elements of the website www.encotentin.fr, whether they are protected or not, which harms the Tourist Office or one of their service providers or suppliers in any way, is also forbidden.
ARTICLE 12 – CLAIM / DISPUTE
The present Special Terms and Conditions of Sale are subject to French law.
Any claim related to a service should be sent to the Tourist Office by email at: reservation@ot-cotentin.fr or by registered letter with an acknowledgement of receipt within 7 days of the end of the service provided.
After having contacted our Customer Services and without a satisfactory response within 60 days or in the event that the response given is not deemed satisfactory, the customer can appeal to the Travel and Tourism Ombudsman (www.mtv.travel).
If the sale is conducted online, the customer can use the platform available on the website https://webgate.ec.europa.eu/odr to settle the dispute.
Any disputes not resolved out of court shall be brought exclusively before the Cherbourg-en-Cotentin court of justice in the case of a corporation, and in the case of a legal person, authority is attributed to the competent jurisdiction, in accordance with article L.141-5 of the French Consumer Code.
