General conditions of use of Soleil-de-Crète services.
PREAMBLE
The company Soleil-de-Crète commercial entity of the company 5W EURL (hereinafter the company) is an SARL with capital of 7,623 euros whose head office is located in Paris (75) at 04 rue des Fossés Saint Jacques 75005 PARIS and registered with the Paris RCS under number 424 009 488 00026.
The company 5W Soleil de Crète Voyages is a consultancy and services company in the field of travel.
The company has developed a services and advice platform called Soleil-de-Crète accessible on the website www.Soleil-de-Crète.fr. This services and advice platform allows an individual or a company or association to discover and organize a trip to Greece on the island of Crete with an expert consultant from Soleil-de-Crète. It also allows a tourism professional to build a trip to this destination for their customers. These general conditions of use (hereinafter CGU) apply to all users of this service. Use of the Soleil-de-Crète advice platform implies full acceptance of the T&Cs by the user. Users agree that their relationships will be exclusively governed by these T&Cs. The applicable T&Cs are those in force on the date of the user’s registration on the Soleil-de-Crète site. The company reserves the right to modify the T&Cs at any time provided that users are informed in advance electronically and that they do not object within a period of TEN DAYS (10) from sending. of email. In the event of refusal, exclusively by email addressed to the company, by the user to adhere to the new T&Cs, their registration will be automatically terminated from the day they expressed their refusal. The language used both for the T&Cs and for the conclusion of the contract is French. These T&Cs are made available to users of the Soleil-de-Crète service in accordance with the provisions of article 1369-4 of the Civil Code.
PRELIMINARY ARTICLE – TERMINOLOGY
Client: natural or legal person who wishes to organize a trip to Crete (Greece) for himself, his family, his friends, his company, his employees or his clients.
Announcement: presentation, appearing on the Soleil-de-Crète advice platform, of trips to Crete for a duration and a price determined by Soleil-de-Crète.
CGU: general conditions of use of the advice platform, in other words this document.
Fee: remuneration received by Soleil-de-Crète for the advice provided to the client in the preparation and implementation of their trip. These fees are included in the displayed price of the trip excluding administrative fees unless the latter are specifically included in the product sheet.
Service provider: natural or legal person who offers a service to Soleil de Crète.
File opening fees: fees paid by the client following a free initial contact and enabling the Soleil-de-Crète advisory service to be engaged. These file opening fees paid to Soleil-de-Crète are set at 100 euros including tax per stay and are not refundable, even if the trip is not made.
Reservation: costs incurred by the customer or by Soleil-de-Crète with the service provider ranging from 30 to 100% of the travel price depending on the service provider. These costs (excluding flights) are fully refundable in the event of cancellation 60 before departure, up to 50% between 60 and 30 days before departure and non-refundable less than 30 days before departure. Flights are booked directly by the customer with their credit card in order to benefit from individual repatriation and trip cancellation insurance if they have taken out one.
Price of the stay or Price: designates the total amount ultimately paid by the customer excluding flights for their stay and excluding file opening fees.
ARTICLE 1: OBJECT
The purpose of the T&Cs is to set the conditions of use of the Soleil-de-Crète® advice platform, to govern all contractual relationships which will be established, through this service, on the one hand , between users and society and, on the other hand, between users. The T&Cs establish the obligations and responsibilities of users and the company.
ARTICLE 2 – REGISTRATION TO THE ADVISORY SERVICE
2.1 Warnings Registration is only reserved for natural persons and legal entities having the capacity to perform legal acts within the meaning of article 1124 of the Civil Code. The registration of a minor natural person or a legal entity is done through their legal representative. Said legal representative must be named during registration. When the discoverer is a minor, their registration through their legal representative constitutes parental authorization for the immersion.
2.2 Registration procedure
Users register for the advice platform via the website www.Soleil-de-Crete.fr.
When registering, the user must complete all of the mandatory fields appearing in the registration or contact form and is required to accept these T&Cs. Registration to the advice platform is free.
2.3 User Obligations
The user undertakes to provide accurate and up-to-date data regarding his identity or advertisement and to immediately update this in the event of a change. The user commits to the company to hold all intellectual property rights or to have the authorization of the rights holders on the content (data, images, videos, etc.) that he transmits to the advice platform and guarantees it from the consequences of the transmission and dissemination of this content on the advice platform. The user is prohibited from posting any content online that is contrary to current legislation, public order and good morals. In particular, it is prohibited to post online content constituting an apology for crimes against humanity, incitement to racial hatred, child pornography or even contrary to the rights and interests of third parties. The user is solely responsible for the information he provides. The company carries out very limited control of the data provided during registration. In these circumstances, the company cannot be held liable in any way for any damage or harm resulting from the entry of erroneous or incomplete information by the user. Each user must therefore ensure, where applicable, the identity of the other contracting party and the veracity of the information communicated. The Company cannot be held liable in the event of identity theft. In these circumstances, any person suspecting the theft of their identity must immediately inform the company, in writing to Soleil-de-Crète® Conseils – 5W EURL 04, rue des Fossés Saint-Jacques – 75005 PARIS. Users must not block, transcribe or modify content generated by the Company, or interfere with the Company’s offering in any other way. The company is authorized to apply emergency measures necessary to ensure the integrity of the systems of the advice platform.
ARTICLE 3 – POSTING AN ANNOUNCEMENT ONLINE
3.1 Creating an ad
Soleil-de-Crète places advertisements presenting offers of services and undertakes to update them or delete obsolete advertisements, if necessary.
3.2 Setting the price of fees
Soleil-de-Crète is free to set the price of the advice provided to its client. However, and by default, the customer is fully informed of the fact that fees are included in the price of the trip, excluding file opening costs.
3.3 Posting an ad online
The ad is broadcast after validation by Soleil-de-Crète, as long as it complies with the T&Cs. The moderator reserves the right to delete any contentious ad that does not comply with the T&Cs. Posting an advertisement online implies compliance by the professional with the obligations defined in these T&Cs.
ARTICLE 4 – PROCESS FOR CONCLUSION OF A STAY
The announcements presented on the advice platform constitute simple proposals formulated by Soleil-de-Crète. A request to reserve a stay by a customer does not entail immediate formation of the stay. The conclusion of the stay is subject to the definitive acceptance of the service provider. Thus, after the customer has chosen a stay and its travel dates, Soleil-de-Crète checks the availability of the service provider. The service provider must then accept the stay request for the stay to be considered concluded. This stay is then concluded between the service provider and Soleil de Crète. In the event of a negative response from the service provider or the absence of a response, the customer will receive a message informing them that the chosen stay cannot be carried out and they will not be liable for the initial processing fees.
ARTICLE 5 – PRICING AND PAYMENT CONDITIONS
5.1 Pricing
The price of the stay displayed on the advice platform is an average advisory price in effect on the day of the reservation request made by the customer. It does not definitively commit Soleil-de-Crète in any way. It is expressed in euros, all taxes included, and does not include administrative fees.
5.2 Payment Conditions
Payment of file opening fees is made by bank check or bank transfer to Soleil-de-Crète’s account in order to benefit from Soleil-de-Crète’s services after an initial free exchange.
5.3 Billing
Soleil-de-Crète will send the customer an invoice indicating the price of the trip and the file opening costs.
ARTICLE 6 – CANCELLATION OF THE STAY
6.1 Cancellation at the customer’s initiative
The customer wishing to cancel the stay must inform Soleil-de-Crète, by email only, as soon as possible. CANCELLATION LESS THAN 30 DAYS BEFORE THE START OF THE STAY If the cancellation is made less than 30 days before the scheduled date of departure, no refund will be made to the client. CANCELLATION BETWEEN 30 and 60 DAYS. If the cancellation is made between 30 and 60 days before the scheduled departure date, 50% of the stay will be owed by the customer to Soleil de Crete. CANCELLATION MORE THAN 60 DAYS If the stay is canceled more than 60 days from the departure date, Soleil de Crete will reimburse the customer and any reservation deposits made by the customer. However, the Soleil-de-Crète file opening fees incurred will not be refundable.
6.2 Cancellation at the initiative of the service provider
The service provider wishing to cancel the stay must inform Soleil-de-Crète, by email only, as soon as possible. Regardless of the time of cancellation, the customer will be fully refunded the price of the stay including the file opening costs if an equivalent alternative solution was not then offered. Soleil-de-Crète reserves the right to invoice the service provider, as a penalty, for any other costs that Soleil-de-Crète may have to bear due to this cancellation.
6.3 Cancellation at the initiative of Soleil de Crete
Soleil de Crete wishing to cancel the stay must inform the customer, by email only, as soon as possible. Regardless of the time of cancellation, the customer will be fully refunded the price of the stay as well as the file opening costs.
ARTICLE 7 – FRAMEWORK OF SOLEIL DE CRETE’S RESPONSIBILITY
Carrying out a stay within the framework of the advice platform is strictly limited to a one-off, short-term exchange. The company cannot be held liable for any direct or indirect damage resulting from the use of the advice platform and/or the execution of a stay which would have been carried out without the intervention of Soleil de Crète.
ARTICLE 8 – USER OBLIGATIONS
8.1 Obligations of the service provider
In addition to the commitments already made at the end of these T&Cs, the service provider undertakes to: respect the description of the stay (content, terms, duration, etc.); be active and available to the client for the entire duration of the stay; inform and make the customer aware of the applicable internal regulations and all the health and safety rules to be respected, if these exist; inform the customer and make him aware of the confidentiality rules to be respected if applicable; ensure proper compliance with ethical and/or specific rules related to their professional activity. In terms of insurance, the service provider must: hold, with one or more reputably solvent companies, a “civil liability” insurance policy in force at the time of the stay and covering sufficient amounts for financial consequences of the liability that he may incur due to consequent or non-consecutive bodily, material and/or immaterial damage caused to others and in particular to the client; hold, with one or more reputably solvent companies, an insurance policy covering the risks of fire, explosion and miscellaneous risks covering sufficient amounts for the premises in which the stay takes place; justify to Soleil-de-Crète the subscription of these insurances; in the event of an accident occurring in the premises or due to the premises during the stay, whatever the cause, the service provider will take, on his own account and at his entire expense, any resulting liability with regard to of Soleil-de-Crète, as of all third parties, without Soleil-de-Crète being able to be worried or prosecuted on this account.
8.2 Customer Obligations
In addition to the commitments already made at the end of these T&Cs, the customer undertakes to: read the internal regulations applicable to the places in which the stay takes place and comply with them; take note of the health and safety rules specific to the places of stay and/or respect the service provider’s instructions regarding these rules. In terms of insurance, the customer must: hold, with one or more reputably solvent companies, a “civil liability” insurance policy in force at the time of the stay and covering sufficient amounts for financial consequences of the liability that he may incur due to consequent or non-consecutive bodily, material and/or immaterial damage caused to others; justify to Soleil-de-Crète the subscription of this insurance. Any minor wishing to stay must either be accompanied by an adult during the stay, or have obtained prior written authorization from their legal representative. This authorization must be given to Soleil-de-Crète® and the service provider.
ARTICLE 9 – PERSONAL DATA and COOKIES
Soleil-de-Crète informs the user that their data is recorded and has been declared to the CNIL registered under number 660010, in accordance with the provisions of law no. 78-17 of January 6, 1978 relating to computing, files and freedoms. Consequently, the user has a right of access, modification and rectification or deletion of this collected data by simply contacting the company at the following address: Soleil-de-Crète – EURL 5W 4, rue des Fossés Saint-Jacques – 75005 PARIS.
Please consult this page to find out more about the protection of your personal data as well as your rights of withdrawal
Finally, cookies (such as statistical tools provided free of charge by Google Analytics) may be installed in the browser, in order to store information relating to its navigation on the digital platform. The retention period for this information is ONE year. The user retains the right to oppose the recording of cookies by configuring their browser.
ARTICLE 10 – ACCESS TO THE ADVICE PLATFORM
Access to the advice platform is possible 365 days a year, 24/7. However, the company reserves the right to interrupt access to the digital platform immediately and without notice, particularly in the following cases: – in order to carry out a technical intervention, to improve its operation or for any maintenance operation of the digital platform; – in the event of receipt by the company of a notice notified by a competent administrative, judicial or arbitral authority in accordance with the legislation in force or by a third party, and in particular in accordance with law n°2004-575 of June 21, 2004 for the confidence in the digital economy. The company is only bound by one obligation.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements presented on the advice platform are the exclusive property of the company, which alone is authorized to use these intellectual property rights. By using the digital platform, the user is therefore granted a license of use limited to the content of the digital platform, non-exclusive and for their private use only. Thus, the right to reproduce, modify in full or in part one or more elements presented on the digital platform is authorized for exclusive information purposes and for strictly personal and private use. Any commercial use is strictly prohibited. It is specified that the photos appearing in the description of each ad are only descriptive and have no contractual nature.
ARTICLE 12 – TOLERANCE
The fact that the company does not rely on and/or tolerates a breach by the user of any of the obligations referred to herein, temporarily or permanently, cannot be interpreted as a waiver of the obligation in question. Consequently, the company may at any time require the user to comply with the obligation in question.
ARTICLE 13 – ATTRIBUTION OF JURISDICTION
In the event of a dispute over the interpretation or execution hereof, it will be brought before the competent courts, namely the Paris District Court, the Paris Commercial Court or the Paris High Court.
ARTICLE 14 – NOTIFICATIONS
The user expressly agrees to receive notification emails from the company regarding their registration or use of the advice platform.
ARTICLE 15 – APPLICABLE LAW
These T&Cs are governed by French law.
ARTICLE 16 – RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21 of the Consumer Code, the customer has a period of fourteen days (14) from the conclusion of the contract to exercise his right of withdrawal. The right of withdrawal is exercised by sending an email to the company which will acknowledge receipt. The discoverer who exercises his right of withdrawal may then be reimbursed by the company within seven days (7) from the exercise of the right of withdrawal. In any case, the right of withdrawal must be exercised before the start of the stay and in accordance with article 6 of these General Terms and Conditions.
ARTICLE 17 – MANDATORY MEDIATION
In accordance with the provisions of article L.152-1 of the Consumer Code, as a consumer, the customer has the right to have free recourse to a consumer mediator with a view to amicably resolving any dispute between him or her. the Soleil-de-Crète® company. To this end, the company guarantees the consumer effective recourse to a consumer mediation system. In accordance with the provisions of article L.152-1 of the Consumer Code, the dispute cannot be examined by the consumer mediator when:
– the discoverer does not justify having attempted, beforehand, to resolve his dispute directly with the Soleil-de-Crète company by a written complaint;
– the request is manifestly unfounded or abusive; – the dispute has previously been examined or is currently being examined by another mediator or by a court;
– the discoverer submitted his request to the mediator within a period of more than one year from his written complaint to the company Soleil-de-Crète®;
– the dispute does not fall within its field of jurisdiction.
All rights reserved – March 10, 2024