TERMS AND CONDITIONS OF SALE
Individuals
ARTICLE 1. INTRODUCTORY PROVISIONS
The present terms and conditions (hereinafter "T&C") apply in their entirety from 1 July 2018, to all activities and services offered at Parc Astérix (hereinafter "Services “) and sold to individual customers (hereinafter the Customer(s)) by GREVIN ET COMPAGNIE (hereinafter the "Seller").
These T&C govern all sales of Services by telephone through the Contact Centre, at Parc Asterix ticket offices, at the reception desks of the Vendor’s hotels or online on Parc Asterix’s website www.parcasterix.fr ((the "Website").
The Seller offers customers (i) accommodation Services consisting of short stays or nights in hotels, (ii) entertainment, shows and leisure activity services in the form of tickets (pass, season ticket, package, combined ticket) and (iii) all other related services (catering, transport etc.).
Within the framework of these T&C: the “Stay” means a tourist package, as defined by article 211-2 of the French Tourism Code, and consisting of at least one overnight stay in one of the Vendor’s hotels or in a partner hotel, breakfast and a visit to Parc Asterix; the “Admission ticket” designates a ticket, pass, package or season ticket giving the Customer admission to the leisure areas in Parc Astérix on a specified date or period; the "Voucher" designates a document exchangeable for one or several Services offered and sold by the Vendor. Any purchase of one of the aforementioned Services implies unconditional acceptance of the T&C by the Customer, notwithstanding any stipulation to the contrary.
ARTICLE 2. IDENTIFICATION OF THE SELLER
The Services provided herein are offered and sold to Customers by:
GREVIN ET COMPAGNIE, a limited company with capital of 52,913,012.57 Euros
Company headquarters: BP 8 – 60,128 Plailly, France
Contact: Tel: +33 (0)826 301040 (€0.15/min); EMAIL: contact@parcasterix.com
Entertainment licence numbers: 1-1094807, 2-1094774, 3-1094775
Intra-community VAT number: FR71334240033
Registered in the Compiègne Trade and Companies Register under no. B 334 240 033,
Registered in the Travel Agents and Tour Operators Register under no. IM060100010,
Financial guarantee: ATRADIUS CREDITO Y CAUCION S.A. DE SEGUROS Y REASEGUROS – 159 rue Anatole France – CS 50118 – 92596 LEVALLOIS-PERRET Cedex, France
Insurer for Professional Liability: Allianz IARD, 87 rue de Richelieu, 75002 Paris, policy no.: 86.351.239.
ARTICLE 3. ORDERING SERVICES
The purchase of Services (hereinafter the “Order") can be made:
- at the Vendor’s ticket offices, BP 8, 60128 Plailly, on days that Parc Astérix is open, at the hotel reception desks,
- by telephoning the Contact Centre on: +33 (0)826 301040 (€0.15/min), from 9am – 5pm from Monday to Saturday, from November to March, from 9am to 7pm from April to August and from 9am to 6pm in September and October,
- and online on the following website address: www.parcasterix.fr.
One customer cannot book (i) more than nineteen (19) Admission Tickets per Order, or (ii) Stays for more than fifteen (15) people per Order, whatever the method of purchase of the said Services.
All Orders must include the chosen Services, the date or period of time they will be used, the number and age of the ticketholders.
3.1. Telephone orders
For all telephone Orders, the Customer must state, other than the compulsory information stated above, the delivery address (postal or email) and the name of purchaser.
After making the Customer aware of the pre-contractual information pertaining to article L.221-5 of the French Consumer Code for all Orders, and article R211-4 of the French Tourism Code for Stays, the Vendor advises the latter to consult these T&C. Once the Customer has agreed to the conditions of the Order, he/she will proceed to remote payment in accordance with the provisions of Article 5.
3.2. Online orders
For all online orders, the Customer must give his/her email address and if necessary, use the form to create a customer account. In accordance with the provisions of Article 1369-5 of the French Civil Code, the Customer will be able to check the details of the Order and the total cost, and if necessary, correct any mistakes, before confirming the order and thereby agreeing to the conditions. The Customer must take note of the compulsory pre-contractual information form regarding Stays and the T&C, and accept them by ticking the relevant boxes in order to finalise the Order and proceed to the payment in accordance with the provisions in Article 5.
3.3. Order confirmation
The Order is only firm and final when full payment has been collected by the Seller. The sales contract is then deemed to be effective. For all online or remote Orders, the Customer will receive email confirmation of the Order summarising the purchases made, the total cost and the main features of the Services ordered. The confirmation email includes:
- a payment receipt,
- the invoice for the Services ordered,
- the electronic Admission Ticket(s) and/or, if applicable, the Vouchers for passes and Stays.
The Order confirmation email received by the Customer provides proof of the transaction in accordance with the provisions of law no.2000-230 of 13 March 2000 and is the only valid document in the event of dispute.
ARTICLE 4. COST OF SERVICES
The applicable rates indicated on brochures, communication media and on the Seller’s website are stated in euros inclusive of all taxes. As a general rule, and unless specifically stated, administration fees, service charges, tourist tax, personal expenses and insurance are not included in the cost of the Services.
4.1. Admission Tickets
The price of an Admission ticket includes at least one admission to the leisure areas in Parc Astérix for an adult or a child (from 3 to 11 years inclusive) on the date or the period of validity stated on the Admission ticket. Children under three (3) years old enjoy free admission to Parc Astérix.
4.2. Stays
In accordance with the provisions of article L211-12 of the French Tourism Code, the Seller reserves the right to modify the price of the Stay, either by increasing or reducing it, according to the following conditions:
- The cost of transport (if applicable)
- Fees and related taxes
- Exchange rate if applicable
No price change may occur less than twenty (20) days before the start of the Stay.
The price of a Stay includes at least :
- the accommodation, as stated on the Order,
- breakfast,
- The Admission tickets to the leisure areas in Parc Astérix which, unless otherwise stated, are only valid for the duration of the Stay shown on the Order and during the opening times of Parc Astérix.
ARTICLE 5. METHODS AND MEANS OF PAYMENT
Full payment in euros must be made for all Orders of Services at the time of ordering. Payment can be made by debit/credit card, bank transfer, cash, “chèques cadeaux” and “chèques vacances ANCV”.
5.1. Debit/credit cards
Unless otherwise indicated at the time of the Order, only CARTE BLEUE/ VISA, EUROCARD/MASTERCARD are accepted. The Customer’s bank account will be debited with the cost of the Order upon final validation of the latter. For all Orders at the ticket office, a receipt is issued to the Customer immediately after payment. For all online Orders, the Customer can automatically consult the receipt, after the Order has been placed, on the confirmation page and on his/her personal Customer account created on the Seller’s Website. For all remote Orders, the Customer will receive receipt of payment by email if he/she has one or by post within eight (8) days of payment of Order.
5.2. Cash
Cash payment by a Customer who is tax resident in France is 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.
5.3. Bank transfer/Chèques cadeaux/ANCV
To pay for the Order by bank transfer, “chèques cadeaux” and/or “chèques vacances ANCV”, the Customer must send whatever means of payment to the Vendor at the latest within 72 working hours after the Order has been made. The Order only becomes final after receipt of payment by the Vendor.
No refund is available for “chèques cadeaux” and chèques vacances ANCV”.
5.4. Secure payment
Electronic payments for telephone Orders to the Contact Centre and online Orders on the Seller’s website are secured by an encryption method, guaranteeing data security and confidentiality.
ARTICLE 6. DELIVERY OF ADMISSION TICKETS AND VOUCHERS
For all remote Orders, electronic and mission Tickets and Vouchers are sent to the Customer by email immediately after payment of the Order.
For all Orders placed at the ticket office, the Customer immediately receives his/her thermal Admission tickets.
For all remote Orders placed more than ten (10) days before the date that the Services will be used and only if the Customer opts for postal delivery, the Admission tickets and Vouchers will be sent by post within eight (8) days of payment of Order. The delivery charge of €8.50 must be paid at the time of the Order.
ARTICLE 7. ADMISSION TICKETS AND VOUCHERS VERIFICATION
7.1. Admission Tickets
A fixed-date Admission ticket is only valid on the date (s) stated. A non-dated Admission ticket does not guarantee entry to the Park in extremely busy periods. Admission tickets are checked with barcode readers at the entrance to Parc Astérix. The Seller reserves the right to also check the identity of Customers holding Admission tickets.
The electronic Admission ticket (E-ticket) is only valid if printed on a sheet of paper that is blank on both sides or if displayed on a smartphone.
7.2. Voucher
The Voucher is always non-transferable and valid only for the named person or people.
All Customers holding a Voucher must present themselves at the place indicated on the Order confirmation with valid photo ID to collect a ticket or directly access the Service ordered.
ARTICLE 8. RIGHT OF WITHDRAWAL
For all remote purchases (on the Website or by telephone) of an Admission ticket, either undated or valid for a specific period, (e.g.: Season Pass) the Customer, in accordance with article L221-18 of the French Consumer Code and the French texts of the European Directive 2011/83/UE, has fourteen (14) days following receipt of the Order confirmation email to withdraw from the purchase. In order to withdraw from the purchase, the Customer must notify his/her decision to withdraw before the expiry of the aforementioned period, through a clear, unequivocal method, for example the withdrawal form that can be downloaded by clicking here, and is also available on www.parcasterix.fr and at the following address: GREVIN ET COMPAGNIE, BP 8 – 60,128 Plailly, France
Without prejudice to the above and in accordance with the provisions of article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for remote purchase of “accommodation, transport, catering, leisure services", ordered separately or as a package, for a specific date or period. Therefore, the Customer does not have a withdrawal period for Orders for Stays or fixed date Admission tickets.
ARTICLE 9. PRE-CONTRACTUAL INFORMATION – CUSTOMER AGREEMENT
Prior to placing his/her Order for a Stay and entering into the contract, the Customer acknowledges that he/she has received a clear and comprehensible pre-contractual information form and all the information listed in Article R211-4 of the French Tourism Code, notably the following information:
- The main features, the hotel rating,
- the total cost of the Stay,
- the cancellation policy,
- the services included in the price of Stays.
ARTICLE 10. MODIFICATION OF SERVICES
Admission tickets and related services cannot be reimbursed, exchanged or modified.
ARTICLE 11. MODIFICATION AND CANCELLATION OF STAYS BY THE CUSTOMER
11.1.Modification before the start of the Stay
Any request to modify a Stay must be made in writing to the Contact Centre at the following address: Parc Asterix – Contact Centre – BP 8, 60128 Plailly, France or by email: sejour@parcasterix.com. Modifications to the Stay are made subject to room availability and, if applicable, the payment of any supplement arising from the modification.
When the request for modification of a Stay concerns a change of date, the number of people or Services and occurs more than thirty (15) days before the date of the aforementioned Stay, no administrative fees will be charged to the Customer.
When the same request for modification occurs between fifteen (15) and seven (7) days before the date of the Stay, a lump sum corresponding to 20% of the total cost of the Stay before modification will be applied to cover administrative fees and immediately billed to the Customer. The modification is only effective upon receipt of the amount corresponding to the administrative fees and, where applicable, to any price difference resulting from the modification. For any request for modification involving a reduction in the price of the Stay, the Vendor undertakes to refund the price difference as soon as possible. No modifications are allowed less than seven (7) days before the start of the Stay.
11.2. Modifications after the start of the Stay
Any interrupted Stay or any Service that is not used by the Customer for a reason not attributable to the Seller will not be refunded.
The total cost of the Order including options will be retained in the event of a Customer failing to show up for his/her Stay.
11.3. Cancellation of the Stay before the start
In accordance with the provisions of Article L211-14-I of the French Tourism Code, the Customer can cancel his/her Stay at any time before the start of the Stay by paying cancellation fees based on the schedule below:
|
Date of the cancellation request |
Forfeit amount in % |
|
More than 15 days before the date of the Stay |
0% |
|
Between 7 and 15 days before the date of the Stay |
50% |
|
Less than 7 days before the date of the Stay |
100% |
The Customer must address his/her written cancellation request to the Contact Centre at the following address: Parc Asterix, Contact Centre, BP 8 - 60128 Plailly, France or by email: sejour@parcasterix.com. Orders cannot be cancelled via the Website. It is nevertheless specified that certain promotional offers for Stays may be subject to specific cancellation policies that dispense with the dispositions of this article. The Customer is asked to check the conditions of each promotional offer including the modification and cancellation policies.
ARTICLE 12. MODIFICATION AND CANCELLATION OF STAYS BY THE SELLER
12.1. Cancellation of the Stay before the start
In accordance with the provisions of Article L211-13 of the French Tourism Code, the Vendor reserves the right to unilaterally modify the conditions of the Stay before the start date of the aforementioned Stay. The Seller informs the Customer of minor modifications. The Customer cannot claim any compensation due to modifications made by the Seller.
In the event that, in accordance with Article R.211-9 of the French Tourism Code, the Vendor is obliged to cancel or modify an essential element in the Stay ordered by the Customer, or cannot meet specific Customer requirements to which the Vendor had agreed, the Vendor shall inform the Customer in a clear and comprehensible way of:
- the modifications made and, if applicable, their effect on the price of the Stay,
- the time limit for the Customer to respond to the Vendor regarding his/her choice,
- the cancellation conditions without charges if the Customer rejects the modifications.
The Customer has the right to refuse the proposed modification and obtain a full refund of the price paid. If the Customer accepts the modifications to the Stay, he/she will be sent confirmation of the Order with all the necessary information. When modifications to the Stay result in a reduction of the quality of the stay or the price, the Customer has the right to an appropriate price reduction.
12.2. Cancellation of the Stay
In accordance with article R211-10 of the French Tourism Code, if the Vendor is obliged to cancel the Stay, the Vendor will inform the Customer as soon as possible. In this case, the Customer will be refunded all sums paid within no more than fourteen (14) days and can claim compensation of at least the same amount as the penalty that the Customer would have had to pay if he/she had cancelled on the same date (according to the aforementioned Article 11.3).
ARTICLE 13. TRANSFER OF THE STAY
In accordance with Articles L211-11 and R211-7 of the French Tourism Code, the Customer can transfer this contract as long as it has not been used, up to seven (7) days before the start of the Stay, to a person who fulfils the same conditions as him/her to use the Stay.
The Customer who is transferring the contract must inform the Seller of the transfer by any means necessary to obtain an acknowledgement of receipt and at the latest seven (7) days before the start of the Stay. The Customer who is transferring the contract and the assignee are jointly responsible for paying the balance of the Stay as well as all fees, costs and taxes relating to this transfer. As the transfer costs can vary depending on how close the date of the transfer is to the start of the Stay, the final amount will be communicated to the Customer at the time that his/her request is addressed to the Vendor.
ARTICLE 14. CANCELLATION INSURANCE
14.1. Subscription conditions
The Seller reserves the right to put in place cancellation insurance for the Stay at a later date to commencement of these T&C and to offer it to Customers wishing to take it out. The conditions for taking out this insurance and what is covered under the insurance will be communicated to Customers before they take out the insurance.
14.2. No right of withdrawal
The right of withdrawal in accordance with article L112-261 of the French Insurance Code does not apply to cancellation insurance policies of less than one (1) month in duration.
ARTICLE 15. RESPONSIBILITY
The Seller is responsible for the correct provision of the Services ordered by the Customer and is responsible for providing assistance to any Customer in difficulty under the conditions set forth in Article 16 in these T&C.
The Vendor is liable for any mistakes due to technical faults in the booking system attributable to the Vendor. In accordance with article L211-16, II of the French Tourism Code, the Customer shall inform the Vendor as soon as possible given the particular circumstances, of any non-compliance in the fulfilment of a service included in the Stay. In this case, the Vendor shall remedy the non-compliance unless this is impossible or involves disproportionate costs, in which case the Customer can request a reduction in price or, in the event of a different issue, damages according to article L211-17 of the French Tourism Code.
The Seller is the only party entitled to determine the management and maintenance conditions of Parc Astérix according to requirements and/or restrictions and is the only party to decide (i) the dates and times that Parc Astérix is open to the public; (ii) the services and attractions offered and their terms and conditions of use; (iii) the tariffs and methods of sale of the Services offered to the public at Parc Astérix; (iv) the maintenance, repair, restoration and renovation of all or part of the facilities; (v) the implementation of standards and rules concerning, in particular, the health and safety of people and property in Parc Astérix.
The Seller can, at its sole discretion, decide to close all or part of Parc Astérix to the public for as long as necessary, in particular for carrying out work required for the safety and protection of visitors, or related to maintenance, repairs, renovation of all or part of the facilities of Parc Astérix, or in the event of bad weather conditions or a force majeure obliging the Seller to totally or partially close Parc Astérix.
In any case 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 which gave rise to compensable damage.
ARTICLE 16. ASSISTANCE
In accordance with the provisions of article L211-17-1 of the French Tourism Code, the Seller must provide assistance to a Customer in difficulty. For this to occur, the traveller must present him/herself at Customer Services.
The assistance that the Seller must give notably consists of:
- providing practical information on health services, local authorities and consular assistance;
- assisting the Customer with long-distance communications and finding other travel services.
It is specified in this respect that the Seller is within their right to invoice a reasonable amount corresponding to the real costs of this assistance if the difficulty is intentionally caused by the Customer or his/her negligence.
ARTICLE 17. EXCEPTIONAL AND UNAVOIDABLE CIRCUMSTANCES
Exceptional and unavoidable circumstances are understood to be any situation beyond the control of the Customer, the Vendor and any service provider involved in the execution of the Order, the consequences of which could not be avoided even if all reasonable measures had been taken, and which prevent the fulfilment of all or part of the contractual obligations.
This notably refers to events involving force majeure, weather conditions, geographical, public health or political conditions in immediate vicinity of the destination that are likely to put the Customer's life in danger.
In the event of any exceptional and unavoidable circumstances, the option to rescind the contract without charge as provided for in article L211-14, II of the French Tourism Code may be applied for both the Vendor and the Customer. It is specified that the assessment of such circumstances will be based solely on objective factors.
ARTICLE 18. PROOF, STORAGE AND FILING
In accordance with article L213-1 of the French Consumer Code, all online Orders on the Vendor’s website for €120 or more, the Vendor must keep written proof of the Customer’s Order for a period of ten years following delivery of the item ordered and guarantee the Customer access to this at any time during this period.
ARTICLE 19. RESOLUTORY CLAUSE
Except in the case of force majeure, in the event of the Vendor’s failure to provide the Services on the date or within the time period indicated to the Customer, the Customer can annul the contract by recorded delivery letter with confirmation of receipt or in writing on another durable medium, if, after having requested, in the same manner, the Vendor to provide the Services within a reasonable additional period, the latter has not done so. The contract shall be deemed to be annulled when the Seller receives the letter or written text informing him of this annulment, unless the Seller has dealt with the issue in the meantime. Nevertheless, the Customer can immediately annul the contract when the Seller refuses to provide the Services or fails to fulfil its obligation of providing the Services on the date or within the time period specified to the Customer, and that the date or the time period is an essential condition of the contract for the Customer. This essential condition arises from the circumstances around the conclusion of the contract or from an express request from the Customer before the Contract is concluded (Article L216-2 of the French Consumer Code).
ARTICLE 20. INTELLECTUAL PROPERTY RIGHTS
The Seller’s Website is governed by French law on copyright and intellectual property rights. Any total or partial reproduction of brands, logos or distinctive signs from the Website without the express written permission of the Vendor is forbidden under article L713-2 of the French Intellectual Property Code.
ARTICLE 21. PROTECTION OF PERSONAL DATA
Under these T&C the Seller may collect certain personal information and data from Customers, such as, but not limited to, surname and first name, email, telephone number and address. The data collected are for the exclusive use of the Seller and will not be used for other purposes, unless the consumer has expressly agreed to receiving offers from the Seller and/or its partners by ticking the appropriate box when placing the Order.
The data collected are for the exclusive use of the Seller and will not be used for other purposes, unless the consumer has expressly agreed to receiving offers from the Seller and/or its partners by ticking the appropriate box when placing the Order.
The data collected to manage the Order will be kept: (i) for five (5) years from the date they were collected if the amount of the Order is less than €120, (ii) for ten (10) years if the amount of the order is equal to or greater than €120.
Credit/debit card data will be kept for fifteen (15) months after the transaction for evidentiary purposes in the event of any dispute over the transaction. The cryptogram is not kept beyond the transaction.
Data collected for purposes of prospecting for customers will be kept for three (3) years after collection. At the end of these periods, the data will be deleted. Exceptionally, data collected for purposes of prospecting for customers can be kept for a further period of three years if the Customer agrees to continue receiving sales offers from the Seller and/or its partners.
All Customers have a right to access, rectify and delete personal data concerning him/her and to restrict or object to the processing of this data. They can do so by contacting: Contact Centre BP 8, 60 128 Plailly, tel.: privacy@parcasterix.com, +33 (0)826 302040 (€0.15/min) Regarding the sending of sales offers, the Customer has the right to withdraw at any time his/her consent to the processing of data concerning him/her. The Customer may also submit a complaint to the CNIL if he/she considers that his/her rights are not being upheld. Contact details are available on www.cnil.fr
In accordance with articles L223-1 et seq. of the French Consumer Code, if the Customer no longer wishes to receive telephone calls on the number provided to the Vendor, he/she can register his/her telephone number at any time on the sales and marketing calls opt-out list. He/she can do so by Internet on the www.bloctel.gouv.fr website or by post in writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret, 10000 Troyes, France.
ARTICLE 22. CLAIMS AND RESOLVING DISPUTES
Any claim related to the booking or provision of Services must be addressed to the Seller’s Claims Department (Parc Astérix, Centre de Contacts, BP 8 - 60128 Plailly, France) by registered post with acknowledgement of receipt within twenty (20) days of the provision of the Services along with all the supporting documents (Admission ticket, Voucher) (i) issued to the consumer in connection with his/her Order and (ii) proving the validity of the claim (medical certificate, photograph, fine) without which the claim will not be processed. For all online Orders, claims can also be sent via the Seller’s Website (in the "Contact" section). Any Customer who has not received a satisfactory response to his/her claim within sixty (60) days after referral to the Vendor’s Claims Department, may use a mediation procedure free of charge in accordance with the provisions of articles L611-1 et seq. of the French Consumer Code, or any alternative dispute resolution method. The Customer is informed of the option of using a mediation procedure through the Tourism and Travel Ombudsman according to the conditions set out on the www.mtv.travel website (MTV Médiation Tourisme Voyage - BP 80 30375 823 Paris Cedex 17, e-mail : info@mtv.travel, tel. (+33)142679668) and within no more than a year after the written claim made to the Seller.
If he/she wishes, the Customer may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of the (UE) n°524/2013 regulation. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/.
All disputes that may arise from Orders placed under these T&C that cannot be resolved amicably between the Seller and the Customer will be submitted to the competent courts under common law conditions.
For the purposes of these T&C, the Seller chooses to be domiciled at its registered office, as indicated in Article 2 of these T&C.
ARTICLE 23. APPLICABLE LAW
All sales of Services to Customers under these T&C are subject to French law.