General Terms and Conditions
Tourism and Event Services

Tourism and Event Services

Article 1 – Preamble

Article 1.1. Name of the seller

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

It is registered in the SAVERNE Trade and Companies Register under SIRET number 79787795800042.

Registered office address: 16A rue du Général Baegert, 67210 Obernai.

Telephone: +33 (0)3 67 47 47 47

Email address: contact@magnific-escapades.com

Registration in the register of chauffeur-driven passenger car operators:

EVTC067130036

Registration in the register of travel and holiday operators: IM067130009

Financial guarantor: APST (Association Professionnelle de Solidarité du Tourisme), 15 avenue Carnot, 75017 PARIS, France

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

 

Hereinafter referred to as " Magnific Escapades " or "we"

Article 1.2. Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the marketing by Magnific Escapades of tourism and event services, provided directly by Magnific Escapades or by partner service providers, to companies, associations, agencies or individuals who are consumers or non-professionals within the meaning of the French Consumer Code, or travellers within the meaning of the French Tourism Code and having the legal capacity to enter into contracts (hereinafter referred to as "the Customer(s)").

Article 1.3. Definitions

"Customer": a natural person who is a consumer or non-professional within the meaning of the French Consumer Code, or a traveller within the meaning of the French Tourism Code, or a legal entity that enters into a contract with Magnific Escapades under these general terms and conditions of sale.

"Order": any order placed by the Customer under the conditions defined in Article 4 hereof.

"Contract": refers to these general terms and conditions as well as the specific terms and conditions agreed between the Parties and formalised in the quote, which form an indivisible whole in the spirit of the parties.

"Tourist Package": has the meaning given to it by Article L. 212-2 of the French Tourism Code.

"Service(s)": Travel Service, Tourist Package and/or event services provided by Magnific Escapades to the Customer under the Contract.

"Travel Service": has the meaning given to it by Article L.A 212-2 of the French Tourism Code.

"Durable medium": any instrument enabling the consumer, traveller or professional to store information addressed to them personally so that they can refer to it at a later date for a period of time appropriate to the purposes for which the information is intended and which allows the stored information to be reproduced identically (introductory article of the French Consumer Code and Article L. 211-2 of the French Tourism Code).

"Group": A pre-established or non-pre-established group wishing to book one or more identical services for all participants, to which special conditions apply.

 

Article 2 – Content and scope

These general terms and conditions of sale apply automatically to all Services provided by Magnific Escapades.

Any Order placed under the conditions defined in Article 4 implies unreserved acceptance of these general terms and conditions of sale, which prevail over all other conditions, with the exception of those that have been expressly accepted by Magnific Escapades in the context of special conditions.

The Customer declares that they have read and accepted these general terms and conditions of sale before placing their Order.

 

Article 3 – Pre-contractual information

The Customer acknowledges having received, prior to placing their Order and/or entering into the contract, in a legible and comprehensible manner, of these general terms and conditions of sale, as well as the special terms and conditions, and all the information listed in Article L. 221-5 of the French Consumer Code and Article R. 211-4 of the French Tourism Code for Tourist Packages and Travel Services.

The Customer further acknowledges having received the form issued pursuant to the decree of1March 2018 "establishing the model information form for the sale of travel and holidays" where the provisions of said decree are applicable.

In addition to these general terms and conditions, only the quote and/or other documents containing special conditions validly accepted by both parties may be considered as binding on Magnific Escapades.

The information presented on the website is provided for illustrative and inspirational purposes only and is not contractually binding; prices may be subject to slight fluctuations throughout the year. The photos on this website are not contractually binding and are used for illustrative purposes only.

 

Article 4 – Order process – Formation of the Contract

Orders are placed by the Customer according to the following process:

  1. Magnific Escapades sends the customer its commercial offer including:
    • a description of all the Services included in the proposed programme,
    • a detailed quote, with a validity date, covering the entire proposed programme and specifying the associated prices;
    • these general terms and conditions or a link to them when the document is sent electronically;
  2. The parties discuss the proposal until the quote is finalised;
  • Magnific Escapades sends the finalised quote to the Customer for final confirmation;
  1. The Customer confirms their acceptance of the quote by any written means;
  2. Magnific Escapades sends the deposit invoice or pro forma invoice for payment;
  3. The Customer pays the deposit or the total price specified in the special conditions, in accordance with Article 5.3. herein.

The Order shall be considered firm and final, and the sale validly formed, upon written confirmation of the quote by the Customer (step iv. above). Unless expressly agreed otherwise, no modification or cancellation of the Order may be made outside the cases and conditions defined by these general terms and conditions.

Magnific Escapades shall send the Customer, seven (7) days before the start of the Services, a confirmation email including a detailed description of all the Services (final programme), which the Customer shall give to the service providers during their stay.

 

Article 5 - Price

Article 5.1. Final price and additional taxes

The final price is quoted in euros, per person or as a package. It may be calculated based on the number of participants. It does not include travel, local transport unless otherwise stated, or personal expenses. The amount of taxes (VAT, tourist tax, etc.) is mentioned for information purposes only, as taxes are charged in addition at the rate in force at the time of the Service.

Once the sale has been made in accordance with the provisions of Article 4 above, the prices become firm and final, subject to the provisions of Article 6 below concerning Tourist Packages and Travel Services.

When a customer occupies a room intended to accommodate two people alone, they will be charged a supplement called a "single room supplement",  which is indicated in the price.

Article 5.2. Terms of payment

The Customer guarantees Magnific Escapades that they have the necessary authorisation to use their chosen method of payment when confirming the contract during the booking process. Magnific Escapades reserves the right to suspend any booking management and any performance of services in the event of refusal of authorisation of payment by credit card by officially accredited bodies or in the event of non-payment of any sum due under the contract.

Magnific Escapades reserves the right to refuse to honour a booking made by a Customer who has not paid for a previous booking in full or in part, or with whom a payment dispute is ongoing.

Payments made by the Customer shall only be considered final after Magnific Escapades has actually received the sums due.

The consumer has several means of payment offering optimal security, depending on their booking channel:

  • by bank cheque,
  • by bank transfer (transfer fees payable by the customer),
  • by credit card.

 

Article 5.3 Deposit and payment terms

Unless expressly agreed otherwise, a deposit of 50% of the total amount of the Services must be paid by the Customer at the time of confirmation of the quote.

The balance shall be paid no later than 30 days before the first day of the Service.

Other terms and conditions may be provided for in the special conditions.

For late bookings (less than 30 days before the start of the Service), the full price shall be payable upon confirmation of the quote by the Customer.

If the Customer fails to pay the deposit(s) or the balance in accordance with the terms and conditions set out in this article, the Order shall be deemed to have been cancelled by the Customer on the date on which payment should have been made. This cancellation shall result in the application of the cancellation fees mentioned in Article 9.1 of these general terms and conditions. 

 

Article 6 – Price revision

With regard to Services corresponding to a Tourist Package or Travel Services, Magnific Escapades reserves the right to modify its prices under the conditions set out below.

In accordance with Article L. 211-12 of the French Tourism Code, the price may be increased or decreased after the booking has been confirmed to take into account changes in:

1° The price of passenger transport resulting from the cost of fuel or other energy sources;

2° The level of taxes or fees on Travel Services included in the contract, imposed by a third party not directly involved in the performance of the contract, including tourist taxes, landing or embarkation and disembarkation taxes at ports and airports;

3° Exchange rates relating to the contract.

The methods for calculating the revised price are set out in the special conditions.

With regard to event services, when the Services are scheduled for a date far in advance of the conclusion of the Contract, certain prices depending on third-party service providers are subject to change. In this case, the indicative nature of the price is specified on the quote, with Magnific Escapades reserving the right to unilaterally set the final price in accordance with the provisions of Article 1165 of the Civil Code.

 

Article 7 – No right of withdrawal

Article L. 221-28 of the French Consumer Code states that the right of withdrawal, generally available to consumers and non-professionals in the context of distance contracts, cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities that must be provided on a specific date or during a specific period.

Article L. 221-2 of the French Consumer Code also excludes the application of the provisions relating to the right of withdrawal for passenger transport and Tourist Packages.

The Customer is therefore informed that for all Services falling within the scope of Article L. 221-28 or L. 221-2 of the French Consumer Code referred to above, the Customer shall have no right of withdrawal.

 

Article 8 – Modification of the Contract

Article 8.1. Modification at the initiative of Magnific Escapades

8.1.1. General case

This Article 8.1.1. applies only to Tourist Packages and Travel Services.

Magnific Escapades may unilaterally modify the terms of the Contract other than the price, after its conclusion and before the start of the tourist service, without the Customer being able to object, provided that the modification is minor and that the Customer is informed as soon as possible in a clear, comprehensible and visible manner on a Durable Medium.

If Magnific Escapades is forced to unilaterally modify one of the main characteristics of the Contract within the meaning of Article R. 211-4 of the French Tourism Code, or if it cannot meet the specific requirements agreed with the Customer, it shall inform the Customer as soon as possible, in a clear, comprehensible and conspicuous manner, on a Durable Medium, of the proposed changes and, where applicable, their impact on the price of the trip or stay; the reasonable time limit within which the Customer must communicate their decision to Magnific Escapades; the consequences of the traveller's failure to respond within the specified time limit; where applicable, the other service offered and its price.

Where the changes to the Contract or the alternative service result in a reduction in the quality of the trip or holiday or its cost, the traveller is entitled to an appropriate price reduction.

8.1.2. Exceptional cases

For all types of Services, Magnific Escapades also reserves the right, in the event of necessity justified by exceptional and unavoidable circumstances within the meaning of Article 17 hereof:

- to change the order of excursions,

- to substitute one means of transport for another,

- to substitute a hotel, caterer, restaurant or any other service provider with an establishment of equivalent category.

The costs incurred by these circumstances shall in no case give rise to compensation.

Magnific Escapades also reserves the right to change the dates, times and itineraries if it considers that the safety of the traveller cannot be guaranteed, without the latter being entitled to any compensation.

Article 8.2 Changes initiated by the customer

Any Service that is shortened or not used due to the Client, or started late due to the Client, will not be eligible for a refund.

If the Client's requests for changes relate to extending the stay, increasing the number of people or purchasing additional services, only the price of these changes will be invoiced additionally.

Magnific Escapades is only liable to the Customer for the Services sold under the Contract.

Magnific Escapades shall not be held liable for:

  • any services purchased by the Customer outside of those invoiced by Magnific Escapades;
  • any modification of the Services at the initiative of the Customer, made directly with the service providers;
  • any modification of the Services at the initiative of a third party.

In the event that a Group that has booked a Service arrives in a number smaller than that specified in the Order, no refund will be made.

In the event that the Group arrives in greater numbers than those specified in the Order, these additional persons may only participate in the Service subject to availability and their participation will be invoiced separately.

 

Article 9 – Termination of the Contract

Article 9.1. Termination of the Contract by the Customer – Cancellation fees

The Customer may cancel their Order at any time before the start of the Service. Such cancellation shall be considered a termination of the Contract at the Customer's initiative.

In this case, the Client shall be required to pay cancellation fees to Magnific Escapades, according to the following schedule and unless otherwise specified in the special conditions:

  • Cancellation more than 6 months before the start of the services: 10% of the price retained.
  • Cancellation between 6 months and 3 months before the start of the services: 30% of the price will be retained,
  • Cancellation between 89 days and 30 days before the start of services: 50% of the price will be retained.
  • Cancellation between 29 days and 10 days before the start of services: 75% of the price will be retained.
  • Cancellation less than 9 days before the start of services: 100% of the price will be retained.

These cancellation fees will not be payable if the Contract is terminated as a result of exceptional and unavoidable circumstances as defined in Article 17 hereof, occurring at or in the immediate vicinity of the destination and having a significant impact on the performance of the Contract.

It is specified that transport strikes or any other difficulty in transporting the Customer to the place of the Services shall not be considered as an exceptional and unavoidable circumstance justifying termination without charge by the Customer. In such a situation, the parties undertake to discuss in good faith in order to agree on a mutually satisfactory commercial solution.

Article 9.2. Termination of the Contract by Magnific Escapades

Magnific Escapades may terminate the Contract if it cannot be performed due to exceptional and unavoidable circumstances within the meaning of Article 17 hereof or due to force majeure.

In this case, Magnific Escapades shall notify the Customer of the termination of the Contract by email or in writing as soon as possible before the start of the Services.

 

Article 10 – Transfer of the Contract

Article 10.1. Possibility for the Customer to assign their Contract

The Customer may assign their Contract to an assignee who satisfies all the conditions applicable to this Contract, provided that this Contract has not yet taken effect.

Article 10.2. Notice to assign the Contract

The Customer may only assign their Contract on condition that they inform Magnific Escapades of their decision in writing no later than seven days before the start of the Service, specifying the name and address of the assignee and providing evidence that the assignee satisfies all the conditions applicable to the Contract.

This transfer is not subject, under any circumstances, to prior authorisation from the organiser or retailer.

Article 10.3. Joint liability of the transferor and transferee

The transferring Customer and the transferee shall be jointly and severally liable for payment of the balance of the price and any additional costs that the transfer may entail.

 

Article 11 – Intellectual property

All technical documents, products, drawings and photographs provided to buyers remain the exclusive property of Magnific Escapades, the sole owner of the intellectual property rights to these documents, and must be returned to it upon request.

Purchasing Customers undertake not to make any use of these documents that could infringe the supplier's industrial or intellectual property rights and undertake not to disclose them to any third party.

 

Article 12 – Protection of personal data

Article 12.1. Data collected

As part of its business of selling holidays and tourist and event services, Magnific Escapades implements and operates personal data processing relating to Customers and beneficiaries of services (hereinafter referred to as "Beneficiaries").

In this capacity, Magnific Escapades collects the following personal data: first name, surname, title, postal address, email address, telephone numbers, family composition, particularities noted in the contract, payment terms, passport or identity card number, date of birth, vehicle registration number and images.

Article 12.2. Purpose

The collection of this personal data is essential for the performance of the contract and, in the event of refusal to provide it, the Customer may encounter difficulties in the performance of the service, for which Magnific Escapades cannot be held liable.

This personal data is collected for the sole purpose of managing the Seller's customer base in connection with the conclusion and performance of the Contract, based on the customer's consent. It is used only for the purposes to which the Customer has consented.

More specifically, the purposes are as follows:

  • Identification of persons using and/or booking the Services;
  • Formalisation of the contractual relationship;
  • Provision of the Services booked with Magnific Escapades;
  • Management of contracts and bookings;
  • Communication with partners with a view to the provision of Services by the partners concerned;
  • Accounting, in particular customer account management and customer relationship monitoring;
  • Processing of customer management operations;
  • Prospecting and/or sending information and promotions to customers;
  • Compilation of sales statistics;
  • Developing customer knowledge;
  • Sending newsletters.

Article 12.3. Persons authorised to access data

The persons authorised to access the data collected within Magnific Escapades are as follows: employees of Magnific Escapades and its partners involved in the Services requested by the Customer, and, where applicable, Magnific Escapades' subcontractors involved in the performance and/or administration of the Services and required to intervene in this capacity in the processing, it being specified that in such cases, whether partners or subcontractors, this is done in compliance with the regulations in force.

Article 12.4. Data retention

The personal data collected is retained for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.

Personal data relating to the Customer's bank card is kept exclusively for the period necessary to complete the transaction.

Personal data relating to a prospect who does not enter into a Booking Contract with Magnific Escapades is kept for a period of 3 years from the date of collection.

Personal data necessary for sending the newsletter is kept for as long as the customer does not unsubscribe.

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

Magnific Escapades has formalised the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data in a document called the Privacy Policy or GDPR, which is available on request from Magnific Escapades.

Article 12.5. Rights of the data subject

In accordance with the applicable regulations on personal data, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of their personal data. It is possible to request that this data be rectified, completed, clarified, updated or deleted.

These rights may be exercised by sending a signed letter to the data controller at contact@magnific-escapades.com or at 16a rue du Général Baegert, 67210 Obernai, France, enclosing a copy of your identity document with your request.

At any time, the Customer may lodge a complaint with the CNIL (French Data Protection Authority) in accordance with the procedures indicated on its website (https://www.cnil/fr).

 

Article 13 – Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

 

Article 14 – Insurance

The Customer undertakes to hold and keep up to date civil liability insurance to cover any damage they may cause.

Unless expressly stated otherwise, no insurance is included in the price of the Services and no additional insurance is offered by Magnific Escapades.

Consequently, unless expressly stated otherwise, no insurance is included in the prices indicated for trips, stays or excursions. It is therefore recommended that the Customer take out an insurance policy covering the consequences of certain cases of cancellation and an assistance policy covering certain specific risks, in particular repatriation costs in the event of accident or illness.

 

Article 15 – Liability and warranty concerning Package Tours and Travel Services

This Article 15 applies solely to Tourist Packages and Travel Services.

Article 15.1 – Scope of Magnific Escapades' liability

In accordance with Article L. 211-16 of the French Tourism Code, Magnific Escapades is fully liable for the tourist services contracted under these general terms and conditions of sale (Tourist Packages and Travel Services).

Magnific Escapades may, however, be exempted from all or part of its liability by proving that the damage is attributable either to the Customer, or to a third party not involved in the provision of the travel services included in the Contract, or to exceptional and unavoidable circumstances as defined in Article 17 hereof.

- to pre-transport travellers by train, taxi or bus,

- to change the order of excursions,

- to substitute one means of transport for another

- to substitute one hotel for another of equivalent category.

The costs incurred by these circumstances shall in no case give rise to compensation.

Magnific Escapades also reserves the right to change the dates, times and itineraries if it considers that the safety of travellers cannot be guaranteed, without the latter being entitled to any compensation.

Article 15.2. Handling of complaints

In accordance with Article L. 211-16 II of the French Tourism Code, the Customer must notify Magnific Escapades of any faults and/or non-conformities as soon as possible after the services have been provided.

This notification must be made, with supporting documents, preferably within 7 days of the end of the services, so that Magnific Escapades can investigate the problem and assess the reality of the alleged defects effectively and in the interests of both parties.

Any defects and/or faults found will be rectified, replaced, reduced in price or refunded, under the conditions provided for in Articles L. 211-16 et seq. of the French Tourism Code, as soon as possible, taking into account the significance of the non-compliance and the value of the travel services concerned.

In the event that Magnific Escapades offers a replacement service or a price reduction, the traveller may only refuse the other services offered if they are not equivalent to what was provided for in the contract or if the price reduction granted is not appropriate.

Article 15.3. Limitation of Magnific Escapades' liability

In accordance with Article L 211-17, IV of the French Tourism Code, the amount of any damages that Magnific Escapades may be required to pay to the Customer for any reason whatsoever shall be limited to three times the total price of the services excluding tax, with the exception of bodily injury and damage caused intentionally or through negligence.

Article 15.4 Magnific Escapades' liability for luggage

Throughout the duration of the Services, Customers' luggage is transported and stored under their sole supervision and responsibility.

Magnific Escapades cannot under any circumstances be held liable for theft, damage or loss of luggage and personal effects during the trip.

Article 15.5 Liability of Customers

Magnific Escapades reserves the right to refuse access to excursions, and in particular to transport vehicles, to any Customer who is under the influence of alcohol or drugs or who behaves in a manner that is dangerous to themselves or others on the day of the excursion, without compensation.

Parents are responsible for their minor children who consume alcohol during excursions, particularly during wine tastings or cooking classes.

In the event of damage or deterioration caused by the Customer to the transport vehicle, the Customer shall be fully liable for the damage caused. Magnific Escapades reminds you that, in accordance with Article 1384, paragraph 4 of the French Civil Code, parents, in their capacity as parental authority, are jointly and severally liable for damage caused by their minor children living with them and are therefore financially liable for repairs to damage caused by their minor children.

 

Article 16 – Liability and Guarantee concerning Event Services

For all Services that do not constitute a Package Tour or a Travel Service, the following conditions apply.

Article 16.1. Scope of the guarantee

Magnific Escapades undertakes to provide Services in accordance with the contractual description and any regulations that may apply to them in France.

Magnific Escapades is therefore liable for any lack of conformity existing at the time the Services are provided, without prejudice to the remedies provided for in Articles 1217 et seq. of the French Civil Code.

In the event of a lack of conformity, the Customer may demand:

  • the non-compliant Services to be brought into conformity, or
  • their replacement with compliant Services.

If the requested compliance is impossible or entails disproportionate costs, Magnific Escapades may refuse it and offer a price reduction or reimbursement of the non-compliant Services actually paid for by the Customer.

In any event, Magnific Escapades shall in no way be held liable or at fault for any delay or non-performance resulting from the occurrence of a force majeure event or exceptional or unavoidable circumstances as defined in Article 17 below. Article 16.2. Handling of complaints

In order to assert their rights, the Customer must inform Magnific Escapades of the non-compliance in writing, within a maximum period of three (3) days from the date on which the defect was discovered.

Article 16.3. Customer responsibility

Magnific Escapades reserves the right to refuse access to the Services to any Customer who is under the influence of alcohol or drugs or who behaves in a manner that is dangerous to themselves or others on the day of the Services, without compensation.

Parents are responsible for their minor children who consume alcohol during the Services, particularly during wine tastings or cooking classes.

In the event of damage or deterioration caused by the Customer to the transport vehicle, the Customer shall be fully liable for the damage caused. Magnific Escapades reminds you that, in accordance with Article 1384, paragraph 4 of the Civil Code, parents, in their capacity as parental authority, are jointly and severally liable for damage caused by their minor children living with them and are therefore financially liable for repairs to damage caused by their minor children.

 

Article 17 – Exceptional and unavoidable circumstances

All events that create a situation beyond the control of the party invoking them and whose consequences could not have been avoided even if all reasonable measures had been taken, thus preventing the normal performance of its obligations, are considered grounds for exemption from the obligations of the prevented party and result in their suspension.

The following may be considered exceptional and unavoidable circumstances (without this list being exhaustive): any natural disaster; any terrorist attack, war or armed conflict; any epidemic or pandemic; any service provider being placed in liquidation.

The party invoking the above circumstances must immediately notify the other party of their occurrence and of their cessation.

The parties shall meet to examine the impact of the event and agree on the conditions under which the Contract shall be continued. If the exceptional and unavoidable circumstances last for more than three (3) months, these general terms and conditions may be terminated by the aggrieved party.

It is specified that simple rain or snowfall shall in no case be considered an exceptional and unavoidable circumstance, since the Services may be maintained in accordance with the Contract.

 

Article 18 – Assistance to travellers

Magnific Escapades is responsible for the proper performance of the services provided for in the contract. In this context, if the Customer encounters difficulties, Magnific Escapades will provide appropriate assistance as soon as possible, taking into account the circumstances of the case, in accordance with Article L. 211-17-1 of the French Tourism Code.

 

Article 19 – Contact details for Magnific Escapades

The Customer may quickly contact Magnific Escapades using the contact details provided in Article 1.1. "Identification of the seller" of these general terms and conditions of sale, in order to communicate with them effectively, request assistance if the Customer is in difficulty, or complain about any non-compliance observed during the trip or stay.

 

Article 20 – Accessibility

Despite our best efforts, some services are not accessible to people with reduced mobility. We invite you to enquire if you have any mobility difficulties.

 

Article 21 – Dispute resolution

Article 21.1. Applicable law

These general terms and conditions are governed by French law, excluding the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the Customer shall first contact Magnific Escapades to seek an amicable solution.

Article 21.2. Mediation

The Customer may resort to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

The Customer may refer the matter to the Tourism and Travel Mediator on the following website: https://www.mtv.travel/ or MTV Médiation Tourisme Voyage, BP 80 303 - 75 823 Paris Cedex 17  if the response provided by Magnific Escapades to the Customer regarding their complaint is deemed insufficient or if no response has been received after 60 days.

Article 21.3. Competent jurisdiction

Any disputes arising from the purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and repercussions, which cannot be resolved amicably between the seller and the Customer, shall be submitted to the competent courts under the conditions of ordinary law.

Article 21.4. Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.

Article 21.5. Proof

It is expressly agreed that the data contained in Magnific Escapades' information systems shall be considered as proof of orders, requests and any other element relating to the use of the Website. They may be validly produced, particularly in court, as evidence in the same way as any written document.

 

Article 22 – Related travel services

If, after choosing and paying for a travel service, you book additional travel services for your trip or holiday through Magnific Escapades or on its specific advice, you will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the French Tourism Code.

However, if you book additional travel services during the same visit or contact with Magnific Escapades, the Travel Services will be part of a linked travel arrangement. In this case, Magnific Escapades has, as required by European Union law, protection to reimburse you for any sums you have paid for services that have not been performed due to its insolvency.

Magnific Escapades has taken out insolvency protection with APST, 15 avenue Carnot, 75017 Paris.

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

Please note: this insolvency protection does not apply to contracts concluded with parties other than Magnific Escapades, which may be performed despite the insolvency of Magnific Escapades.