Tourism and Event Services

Article 1 – Preamble

Article 1.1. Seller designation

Magnific Escapades is a single member limited liability company.  It is specialized in the tourism and events sector.

It is registered with the SAVERNE Trade and Companies Register (RCS) under the SIRET number 79787795800026, with its head office located at 3, rue Schultz Wettel in 67210 Obernai.

Phone number: + 33 (0)6 38 41 44 86

E-mail : contact@magnific-escapades.com
Registration with the Touring Car with Driver Operators Register: EVTC067130036

Registration with the Tour and Holidays Operator Register: IM067130009

Financial guarantor: APST (Professional Association of Tourism Solidarity), 15 avenue Carnot, 75017 PARIS, France

Professional civil liability insurance: ALLIANZ IARD, 87 rue de Richelieu, 75002 PARIS, France

Hereinafter referred to as “Magnific Escapades”

Article 1.2. Object

The present standard terms and conditions aim to define the rights and obligations of parties in the context of commercialisation, by Magnific Escapades, of tourism and events services, directly supplied by Magnific Escapades or by partner providers to companies, associations, agencies or individuals in their capacity as consumers or non-professionals, as described in the French Consumer Code, or as travellers, as described in the French Tourism Code, and with full legal capacity to contract (hereinafter referred to as “the Customer(s)”).

Article 1.3. Definitions

Customer: a natural person with the status of consumer or non-professional, as described in the French Consumer code, a traveller, as described in the French Tourism Code, or a legal entity who enters into a contract with

Magnific Escapades, within the scope of the present standard terms and conditions.

Service: travel service or tourist package under article L. 211-1 of the French Tourism Code, and event services.

Online contract: contract concluded as part of a service purchase on the website Magnific Escapades.

Distance contract: any contract concluded between a professional and a consumer, under an organized distance sales or service provision scheme, without the simultaneous physical presence of the professional and the consumer, through the exclusive use of one or several means of distance communication, up to contract conclusion, with the exception of the website Magnific Escapades.

Durable medium: any instrument enabling a consumer or a professional to store information addressed personally to them in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored (article L. 121-16 of the French Consumer Code).

Groups: a pre-established group looking to make a booking for one or several identical services for all participants, to which are applied conditions for derogation.

Article 2 – Content and scope

The present standard terms and conditions automatically apply to all services provided by Magnific Escapades.

They apply to sales online or through other distribution and marketing channels.

Any order or purchase entails unconditional adherence to the present standard terms and conditions, prevailing over all other conditions, with the exception of those that have been expressly accepted by the seller and appear on the booking agreement.

The Customer declares to have acknowledged and accepted the present standard terms and conditions before their immediate purchase or order placement.

Article 3 Pre-contract information

The Customer acknowledges having received notice, prior to placing the order and/or to contract conclusion, in a legible and understandable version, of the present standard and special terms and conditions and of all information listed under article L. 221-5 of the French Consumer Code, as well as under article R. 211-4 of the French Tourism Code.

The Customer further acknowledges having received notice of the form taken pursuant to the decree of 1st March 2018 “setting the sample information form for the sales of holidays and tours”.

The information provided on the website has no contractual value; prices might be subject to slight fluctuations over the year. Pictures on the website have no contractual value and are used for illustration purposes.

Article 4 – Prices

Article 4.1. Definitive price and additional taxes

The definitive price is stated in euros, inclusive of taxes (TTC) per person or as a package. It is possibly calculated depending on the number of participants. It does not include transit, on-site transportation unless stated otherwise, and personal expenses. In some instances, additional costs may be paid directly on-site to service providers, including local taxes, such as tourist tax for accommodation.

Tour descriptions on our brochures specify the services included in the price for each type of tour, stay and services. Our prices must always be confirmed by MAGNIFIC ESCAPADES at registration. When signing the registration form, the price is fixed and final. However, under the law, we may have to modify our prices and schedules to take into account transport costs, related to fuel costs.

Magnific Escapades shall make every effort to immediately notify the Customer.

When a customer occupies alone a room supposed to accommodate two persons, they will be billed a surcharge named “single room supplement”, indicated in the price.

Article 4.2. Payment terms

The Customer guarantees Magnific Escapades that they have the possibly necessary authorizations to use the payment method chosen by them, when validating the contract. Magnific Escapades reserves the right to suspend any booking management and service implementation, in the event of authorization refusal of a credit card payment by officially accredited entities, or in the event of non-payment of any sum payable under the contract.

Magnific Escapades expressly reserves the right to refuse to honour a booking placed by a Customer who would not have settled totally or partially a previous booking or with whom a payment dispute would be pending.

Payments made by the Customer will only be considered as final, once all due amounts have been actually cashed by Magnific Escapades.

The consumer has the option of several payment methods, all secure, among the following, depending on the booking channel chosen:

  • by French bank cheque,
  • by bank transfer (potential transfer charges will be paid by the Customer)
  • by debit card.

Article 4.3. Registrations, payment and payment terms

To be considered as final, any registration must be accompanied by the payment of a 30% deposit of the total amount of the excursions, stay or services, necessarily accompanied by the estimate supplied to the Customer and by the order form signed by the Customer.

The payment of balance should be made no later than 30 days before the first day on which the service is provided.

Other conditions are possible and set out in the booking agreement.

For late bookings (less than 30 days before the beginning of service), full price will be payable upon registration.

In the event of which the customer doesn’t make the payment of the deposit(s) in the required deadlines, their provisional booking will be cancelled. In the event of which the customer doesn’t make the payment of balance on the requested date, they shall be deemed having cancelled their stay at the payment date.

Article 5 – Price revision

Magnific Escapades agrees to honour prices in force at the time of booking, subject to availability at this date, but reserves the right to revise their prices under the conditions set out in the present article.

In accordance with L. 211-12 of the French Tourism Code, the price could therefore be modified, either up or down, after booking confirmation, to take into account the evolution:

1° Of passenger transportation costs ensued by fuel costs or by other energy sources;

2° Of tax or fee rates on travel services included in the contract, set by a third party not directly taking part in the contract execution, including tourist taxes, landing, boarding and disembarkation fees in ports and airports;

3° Of exchanged rates related to the contract.

The possible application of a price increase pursuant to the previous subparagraph will be notified in a clear and comprehensible manner to the Customer and will be accompanied by a justification and a calculation method, on a durable medium, no later than twenty days before the beginning of the services.

Reciprocally, the Customer is granted a price reduction matching any reduction of the costs mentioned in paragraphs 1°, 2° and 3°, occurring after the contract conclusion and before the beginning of the trip or stay.

If the increase exceeds 8 % of the total price of the package or travel service, the traveller may accept the proposed change or may terminate the contract without paying cancellation fees and obtaining the refund of all payments already made.

Article 6 – Bookings

Bookings are carried out remotely and offline; the booking process is as follows:

The sales of services only take effect after the following formalities have been completed:

  • Drafting an estimate stipulating a validity date, with communication of the present standard terms and conditions and acceptance of the estimate by the Customer;
  • Acceptance by Magnific Escapades in the form of an acknowledgement of receipt and sending of the final contract and invoice;
  • Payment of deposit by the Customer, expressing their acceptance of the terms and conditions and their commitment.

For late bookings (less than 30 days before the beginning of service), full price will be payable upon registration.

Magnific Escapades sends the booking confirmation of the booked service(s), that the Customer will give to the service providers during their stay.

Article 7 – Absence of withdrawal right

Article L. 221-28 of the French Consumer Code establishes that the withdrawal right shall not be applicable for contracts of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which are provided at a specific date or period. Article L. 221-2 of the French Consumer code also excludes this capacity for passenger transport and tourist packages.

Magnific Escapades claims this absence of withdrawal right and indicates that, for all services falling within the scope of articles L. 221-28 or L. 221-2 of the French Consumer Code, the consumer or non-professional Customer will have no withdrawal right.

Article 8 – Contract modification

Article 8.1. Modification on Magnific Escapades initiative

Magnific Escapades may unilaterally modify the Contract clauses after contract conclusion and before the beginning of the touristic service, and this, without the Customer being able to oppose it, provided that the modification is minor and that the Customer is advised as soon as possible, in a clear, comprehensible and apparent manner on a durable medium.

If Magnific Escapades is forced to unilaterally modify one of the major characteristics of the contract within the meaning of article R. 211-4 of the French Tourism Code, that they aren’t able to meet the special requirements as agreed with the Customer, or in the event of a price increase exceeding 8 %, they will notify the Customer at the earliest opportunity, in a clear, comprehensible and apparent manner, on a durable medium, of the proposed changes and, if applicable, of the consequences on the price of the trip or stay; of the reasonable period when the Customer shall communicate their decision to Magnific Escapades; on the consequences of a failure to reply from the traveller within the set time limit; if applicable, of the other proposed service, as well as its price.

When the contract modifications or the alternative service incur a reduction in the quality of the trip or stay or of its cost, the traveller will receive a suitable price reduction.

If the contract is terminated and if the Customer does not accept an alternative service, Magnific Escapades will reimburse all payments made by them or in their behalf at the earliest opportunity, and at the latest fourteen days after contract termination.

Article 8.2. Modification on the Customer initiative

Any shortened or not-consumed service on the Customer initiative, or any service started late because of the Customer, will not ensue any reimbursement.

If the Customer’s request for changes concerns the increase of the length of stay, the increase of the number of participants or the purchase of additional services, only the price for these changes will lead to additional invoicing. In any other case,

30 euros of additional administrative fees per person will be invoiced.

Magnific Escapades commits to the customer exclusively for the services sold.

Shall not commit Magnific Escapades liability:

  • any service purchased by the Customer outside those invoiced by Magnific Escapades;
  • any modification to the services on the customer initiative.

In the event of which a group having made a booking for a service would come with a lower number of participants than the number organised in the booking, no reimbursement will be made, outside of the conditions and time frames set in article 9.1 of the present standard terms and conditions.

In the event of which the group would come with a higher number of participants than the number organised in the booking, and without express authorization by Magnific Escapades incurring complementary invoicing, these additional persons will not be able to participate in the service.

Article 9 – Termination of contract

Article 9.1. Termination of contract by the Customer

The Customer may terminate the contract at any time, before the beginning of the service provided.

In this case, the customer shall pay cancellation fees to Magnific Escapades, according to the following schedule and unless otherwise specified in the contract:

  • Cancellation more than 6 months before the beginning of the services: cancellation fee of 10% of the price,
  • Cancellation between 6 to 3 months before the beginning of the services: cancellation fee of 30% of the price,
  • Cancellation between 89 to 30 days before the beginning of the services: cancellation fee of 50% the price,
  • Cancellation between 29 to 10 days before the beginning of the services: cancellation fee of 75% of the price,
  • Cancellation less than 9 days before the beginning of the services: cancellation fee of 100% of the price.

These resolution fees will not be owed if the contract is terminated following exceptional and unavoidable circumstances, occurring at the place of destination or in immediate proximity to it and with significant consequences on the contract execution. In that case, Magnific Escapades will proceed to the full refund of payments made, without however resulting in additional compensation.

Article 9.2. Termination of contract by Magnific Escapades

Magnific Escapades may terminate the contract, in the event of insufficient participants, no later than 20 days before the beginning of the stay or organised events, and 2 days before for day trips.

In that case, the amounts paid will be fully refunded.

This refund will be made at the latest 14 days after contract termination.

The Customer will be eligible to additional compensation, corresponding to that which should have been assumed by Magnific Escapades, if contract termination had occurred because of the Customer, within the scope of article 9.1 of the present standard terms and conditions.

However, Magnific Escapades will not be liable for any additional compensation, if contract termination occurs in the following two cases:

  • The number of persons registered for the trip, stay or organised events is lower than the minimum number stipulated in the contract. In that case, Magnific Escapades notifies, by email or mail, the contract termination to the Customer in the deadline specified in the contract, according to the following schedule:
    • twenty days before the beginning of the trip or stay in the case of trips of a duration longer than six days;
    • seven days before the beginning of the trip or stay in the case of trips from two to six days;
    • forty-eight hours before the beginning of the trip or stay in the case of trips not lasting longer than two days;
  • Magnific Escapades is prevented from fulfilling the contract under exceptional and unavoidable circumstances. In that case, Magnific Escapades notifies, by email or in any form of writing, the contract termination to the traveller, at the earliest opportunity before the beginning of the trip or stay.

Article 10 – Contract transfer

Article 10.1. Possibility for the Customer to transfer their contract

The Customer has the possibility to transfer their contract to a transferee fulfilling the same conditions as them, to take part in the trip or stay, as long as the contract has not yet been fulfilled.

Article 10.2. Advance notice to transfer the contract

The Customer may only transfer their contract, provided that they notify Magnific Escapades of their decision, by registered letter with an acknowledgement of receipt or by any other means, no later than seven days before the beginning of the trip or service, specifying the name and address of the transferee, and attesting to the fact that they fulfil the same conditions as themselves to take part in the trip.

This transfer is by no means subjected to a prior

authorisation from the organiser or retailer.

Article 10.3. Several liability between transferor and transferee

The transferring Customer and the transferee are severally liable for the balance payment of the price and possible additional fees that the transfer may incur.

Article 11 – Legal guarantee of conformity

Article 11.1. Principle

Magnific Escapades is the sole guarantor of the conformity of the services to the contract. The non-professional Customer has, in this respect, the possibility to make a request under the legal guarantee of conformity included in articles L. 217-11 and following of the French Consumer Code and in articles 1641 and following of the French Civil Code.

Article 11.2. Implementation of the legal guarantee of conformity

The Customer shall communicate with Magnific Escapades the defects and/or lacks of conformity at the earliest opportunity as of the provision of services, in accordance with article L. 211-16 II of the French Tourism Code. This communication has to be done, with supporting documents, preferably within 7 days following the end of services, so that Magnific Escapades may investigate the issue and assess the reality of the alleged defects in an efficient manner and in the interest of both parties.

The defects and/or faults recorded will result in rectification, substitution, price reduction or refund at the earliest opportunity, in view of the significance of the lack of conformity and of the amount of the trip services in question.

In the event of a proposal from Magnific Escapades of an alternative service or of a discount, the traveller may only decline the alternative services offered if they are not similar to what had been organised in the contract or if the discount granted is not suitable.

The guarantee of Magnific Escapades is limited to the refund of services effectively paid by the consumer or non-professional Customer, and Magnific Escapades cannot be held liable or at fault for any delay or non-execution subsequent to the occurrence of force majeure or of exceptional or unavoidable circumstances.

Article 12 – Protection of personal data

Article 12.1. Collected data

As part of its sales activity of stays and touristic and event services, the Seller implements and operates the processing of personal data concerning the Customers and Beneficiaries.

As such, Magnific Escapades collects the following personal data: first name, surname, title, postal address, e-mail address, phone numbers, family composition, special characteristics recorded in the contract, payment methods.

Article 12.2. Aim pursued

The collection of these personal data is indispensable to the contractual execution and, in the event of a refusal to disclose them, the Customer may face difficulties in the service performance,

which won’t allow for the commitment of the liability of Magnific Escapades.

These personal data are collected in the sole purpose to ensure Customer management for the Seller, within the context of contract conclusion and execution, on the basis of the Customer consent. They are only used for the purposes to which the Customer has consented to.

More specifically, the purposes are the following:

  • Identification of the persons using and/or booking the services
  • Formalisation of the contractual relationship
  • Implementation of the services booked with Magnific Escapades
  • Contract and booking management
  • Communication with the partners, in order to implement the services by the involved partners
  • Accounting, including customer account management and customer relationship monitoring
  • Transaction processing with regards to customer management
  • Market research and/or sending informational or promotional materials to Customers
  • Developing trade statistics
  • Developing the clientele knowledge
  • Sending the newsletter

Article 12.3. Persons authorised to access data

The persons authorised to access the data collected within Magnific Escapades are as follows : Magnific Escapades employees and its partners participating in the services requested by the Customer, and, if need be, subcontracting service providers of Magnific Escapades taking part in the implementation and/or administration of the services, and being brought to step in in this capacity on the processing, provided that in such cases, whether they be partners or sub-contractors, this would be carried out in accordance with applicable regulations.

Article 12.4. Data retention

These collected personal data are retained during the legal retention period for the purpose of the processing and at most, for 5 years.

Personal data pertaining to the debit card of the Customer are retained exclusively for the time necessary for transaction completion.

Personal data pertaining to a prospect who wouldn’t conclude a booking contract with Magnific Escapades, are retained for 3 years as of their collection.

Personal data required for sending the newsletter are retained for the period until the Customer unsubscribes.

Magnific Escapades implements organisational, technical, software and physical measures in terms of digital security to protect the personal data from unauthorized access, destruction or alteration. However, it is important to note that Internet is not a secure environment and that Magnific Escapades cannot guarantee the security of information transmission and storage on Internet.

Magnific Escapades has formalised the rights and obligations of Customers and Beneficiaries with regards to the processing of their personal data by way of a document called Privacy Policy or GDPR, available at the following address:            https://www.magnific- escapades.com/mentions-legales/ and upon request from Magnific Escapades.

Article 12.5. Rights of the owner of the collected data

Under the applicable regulations in terms of personal data, each user has the right to enquire, access, rectify, and oppose, for legitimate reasons, the collection and processing of their personal data. It is possible to request that these data are rectified, completed, clarified, updated or deleted.

These rights can be exercised by writing a signed letter to the data processing manager, Cécile Coiffard at cecile.coiffard@magnific-escapades.com or at 3 rue Schultz Wettel in 67210 Obernai, by attaching a copy of your identity document to your request.

At any time, the Customer may make a complaint to the CNIL following the methods described on their website (https://www.cnil/fr).

Article 13 – Contract language

The present standard terms and conditions are written in French. In the case where they would be translated in one or more foreign languages, the French version shall be the only authoritative text in the event of a dispute.

Article 14 – Insurances

The Customer Client agrees to have and keep current their public liability insurance to cover the damages that they may cause.

No insurance is included in the price of the services and no additional insurance is offered by the Seller.

Unless expressly stated, no insurance is included in the indicated prices of trips, stays or excursions. Consequently, the Customer is advised to take out an insurance policy covering the consequences of certain cancellation instances, and an assistance contract covering certain specific risks, such as repatriation fees, in the event of accident or illness.

Article 15 – Liability

Article 15.1 – Strict liability of Magnific Escapades

Magnific Escapades is strictly liable of the touristic services contracted under the present standard terms and conditions.

The organiser, as well as the retailer are responsible for the successful implementation of all travel services included in the contract in accordance with article L. 211-16.

Nevertheless, all or part of Magnific Escapades liability may be waived, by showing proof that the damage is attributable to the Customer or to a third party external to the supply of travel services included in the contract and takes on an unpredictable or unavoidable nature, or to exceptional and unavoidable circumstances.

For all types of trips, we reserve the right if necessary:

  • to pre-transport travellers by train, taxi or city bus,
  • to modify the order of excursions,
  • to substitute one means of transport by another,
  • to substitute an hotel by an establishment of an equivalent category.

The costs occasioned by these circumstances cannot, by any means, result in compensation.

Magnific Escapades also reserves the right to change the planned dates, times and itineraries, if they consider that the traveller safety cannot be guaranteed, and this, without them being able to claim any compensation.

Article 15.2. Limitation of liability of Magnific Escapades

In accordance with article L 211-17, IV of the French Tourism Code, the amount of damages and interests that Magnific Escapades would be sentenced to pay to the Customer for any reason whatsoever, will be limited to three times the total price, taxes not included, of the services, with the exception of personal injuries and damages intentionally caused or due to gross negligence.

Article 15.3 Liability of Magnific Escapades with respect to luggage

The Customer is obliged not to put valuables or breakables in their luggage, as well as jewellery and medicine. For trips by coach or during possible excursions or transfers, they will never leave luggage, objects or clothes inside the coaches (except in the holds provided for this purpose) or vehicles during the stops.

Magnific Escapades cannot in any case be held responsible for any thefts, damages or losses of luggage during the trip.

Articles 15.4 Liability of Customers

Magnific Escapades reserves the right to refuse access to the excursions, including to the transport vehicles, to any Customer who would be under the influence of alcohol or drugs or who would present a dangerous behaviour to themselves or to others, on the same day of excursion, without any compensation.

Parents are responsible for their minor children who would consume alcohol during the excursions, including during wine tastings.

In the event of damages or degradations caused by the Customer to the transport vehicle, the Customer will be entirely responsible for damages they would have caused. MAGNIFIC ESCAPADES recalls that, according to article 1384, paragraph 4 of the French Civil code, parents while they exercise their parental authority are severally responsible for the damages caused by their minor children living with them, and are therefore financially held to the compensation for damages caused by their minor children.

Article 16 – Exceptional and unavoidable circumstances

All events creating a situation beyond the control of the professional, as well as the traveller, of which consequences could not have been avoided, even if all measures would have been taken, therefore preventing the execution in normal conditions of their obligations, are considered as grounds for exemption for the obligations of the parties and therefore result in their suspension.

When the party invokes the above circumstances, they shall immediately notify the other party of their occurrence, as well as their disappearance.

The parties shall come together to assess the incidence of the event and to agree to conditions in which contract execution will be fulfilled. If the force majeure lasts for a period over three months, the present standard terms and conditions may be terminated by the injured party.

Article 17 – Traveller assistance

Magnific Escapades is responsible for the proper implementation of the services mentioned in the contract. In this context, if the Customer faces difficulties, Magnific Escapades will provide assistance, at the earliest possible convenience, in the circumstances of any given case.

Article 18 – Accessibility

Despite our best efforts, some services are not accessible to people with reduced mobility. We suggest you seek information in case of mobility difficulties.

Article 19 – Dispute settlement

Article 19.1. Applicable law

The present standard terms and conditions are subject to the application of French law, with the exclusion of the clauses of the Convention of Vienna. This is valid for the rules of substance, as well as the rules of form. In the event of a dispute or claim arising, the Customer shall address first and foremost Magnific Escapades to obtain an amicable solution.

Article 19.2. Mediation

The Customer may use conventional mediation, including with the CECMC (French consumer mediation Committee) or with existing sectorial mediation instances, or with any alternative dispute settlement schemes (conciliation, for example) in the event of a dispute.

The Customer may therefore refer to the “Médiateur du Tourisme et du Voyage” on the following website: https://www.mtv.travel/ or at MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17, in the event of which the response given by MAGNIFIC ESCAPADES to the Customer about their claim is deemed insufficient or has remained unanswered after 60 days.

Article 19.3. Online sale

In the event of which the service would have been bought online by the Customer, the latter is informed that they are able, in accordance with article 14.1 of regulation (UE) n°524/2013 of the European Parliament and of the Council of 21st May 2013, to make a claim and select a dispute resolution agency on the following website:

https://webgate.ec.europa.eu/odr/main/index.cfm

?event=main.home.show&lng=FR.

Article 20 – Linked travel arrangement

 If, after having chosen a travel service and having paid for it, you book additional travel services for your trip or your holiday stay through Magnific Escapades or on their targeted advice, you will NOT benefit from rights applicable to packages  under the directive (UE) 2015/2302 and article L.211-2 of the French Tourism Code. However, if you book additional travel services, during the same visit or the same contact with Magnific Escapades, the travel services will be part of a linked travel arrangement. In this event, Magnific Escapades has, as required by EU legislation, a protection to refund the sums paid for services that have not been performed, owing to insolvency

Magnific Escapades has subscribed to an insolvency protection with APST, 15 avenue Carnot, 75017 Paris.

Travellers may contact this entity (APST, 15 avenue Carnot, 75017 Paris, info@apst.travel) if travel services are denied, owing to Magnific    Escapades insolvency.

Note: this insolvency protection does not apply to contracts concluded with other parties than Magnific Escapades, which can be fulfilled despite Magnific Escapades insolvency.

[Website to consult the directive (UE) 2015/2302 transposed into national legislation https://www.legifrance.gouv.fr/affichCo deArticle.do;jsessionid=B6B56671A51841699A8F B7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI0 00036242695&cidTexte=LEGITEXT000006074073

&categorieLien=id&dateTexte=20180701].