Terms of Sale and Terms of use of the website
TERMS OF SALE AND TERMS OF USE OF THE WEBSITE
Version 04/06/2014
1.1 Preamble
LOCALISSIM, a French simplified joint stock company, with a capital of €3,000, having its headquarters at 17 boulevard Saint Michel 75005 Paris in France, registered under SIRET number 800 555 658 00015, operates the website passtolocal.com.
These terms have been drawn up by LOCALISSIM SAS, as operator of the website www.passtolocal.paris, which mainly acts as an intermediary between activity providers and internet users. The website also enables members sharing activities to network with each other.
1.2- Scope of the Agreement
The purpose of these terms of sale and terms of use of the website is to exclusively govern all relations between LOCALISSIM and users of the website passtolocal.com and Clients (as defined below).
These terms of sale override any other document with the exception of any specific terms of sale that may apply to an Event. Should such specific terms exist, they are specified on the cover page of the Event.
LOCALISSIM acts on behalf of the activity providers as an intermediary between them and the Clients.
Consequently, these terms of sale only apply to the sale of Passes and not the activity itself.
Passtolocal is a website that connects clients ('clients') who are looking for local activities (‘the experiences’) with organisations or artists or residents of Paris offering such activities or experiences. Each experience description allows the experience provider to be identified.
1.3 Terms of use and Terms of sale: Agreement and Binding nature
By registering as a member of the website by entering your email and password or via Facebook, you expressly agree to these terms of use. As such these terms take precedence over any other document.
In placing an order on the Website you hereby expressly agree to these terms of use. As such these terms take precedence over any other document.
These terms are governed by French law and shall enter into force from 04/06/2014. They supersede any earlier versions and may be changed at any time by LOCALISSIM without notice. Such changes shall not apply to any orders previously accepted and confirmed by PASSTOLOCAL.
The terms applicable to an order shall be those online when the order is placed. Any unresolved dispute relating to this document shall be brought before the courts of the city of Paris.
1.4 Definitions
The terms defined below shall have the following meanings:
Member: the internet user who, having agreed to the terms of use, registers with the website www.passtolocal.paris.
Client: the person who purchases an activity on the website Passtolocal, who may or may not be the Beneficiary of the Service depending on whether they use it themselves or offers it as a gift.
Beneficiary: the person who uses the Service.
Experience: the activity or event (meeting an artist, tour, show or any other event) supplied by the experience provider.
You'll meet: the provider (artist, body) organising and supplying the experience sold on the website.
Gift Voucher: prepaid amount which allows the cost of one or several experiences to be paid and takes the form of a unique code.
Meeting point: the meeting point where the experience is to take place (concert venue, museum, monument, artist's studio etc.)
Your Pass: the receipt for an order (invoice) sent to the client by email when a booking is made to entitle them to one or several experiences upon showing this pass.
Parisian friend: the person who has registered on the website and is offering to share leisure activities with other members by posting an ad on the website.
Guest: the member who contacts a Parisian friend to take part in the activity of a Parisian friend.
2 Description of products and services
2.1 THE SERVICE
The website offers a cultural activity service (the 'Service') which offers Clients:
- A selection of cultural events (shows, museum or exhibition visits, unusual visits, meeting artists, guided tours, parties or receptions: the 'Experiences'), chosen from a range of organisers in partnership with the Service (the 'Parisians you meet').
- Editorial content (presentation on the Website of shows, exhibitions, artists, Parisians to meet).
- Passes to attend the experiences.
- A Newsletter sent by email.
- A platform to post or view ads about activities to be shared and a form to contact the member who posted the ad.
2.2 Use of services on the website passtolocal.com
Registering with the website / Creating a client account
Any website user, a natural person aged 18 or over, may only access the Service and Products if they have first created a Client account on the Website by filling in the registration form available on the website. If the user does not supply all required information marked with an *, their account may not be created.
Only one client account may be created by each user.
The user hereby guarantees that they are free to enter into a contract and that any personal data given is accurate, complete and up to date. The Company reserves the right to reject the creation of an account by a client or, at a later date, suspend or remove it there are reasonable grounds to believe that that Client has taken the identity of another person or that the information given is false, unreliable, slanderous, an infringement or unlawful.
When registering on the Website, the user enters an email address and password ('login details') which will allow them to access their personal space (the 'Client Area') containing all or their personal Service information. The Client undertakes to keep their Login details strictly confidential and shall bear sole responsibility for the consequences of losing their Login details.
Under no circumstances shall the Company be liable for any damages or losses suffered by the Client as a result of their Login details or account being used by an unauthorised person, whether or not such use is fraudulent.
2.3 Use of the 'Guest Pass' service
Upon becoming a member, the internet user may become a 'local friend' in order to share their activities. To do this, they must fill out a specific profile, giving their age, gender, languages spoken and interests and describing the activity they want to share and the type of group with which they want to share it.
They may upload a profile photo and/or connect to their Facebook account.
The ad then becomes public in the Parisians' Guest pass and can be viewed by all internet users. This ad is a summary of the activity on offer, the district where this activity will take place, the first name of the local friend, their photo if they have uploaded one, their interests and the type of group to which the friend is offering the activity. The local friend may amend or remove their ad by logging into their account. Their personal data such as their Email address and telephone number are confidential and are not published or shared with any other members.
If a member is interested in the ad, they click on the link 'send a private message to the local friend'. This link takes the interested member to a form to fill in. In this form, the last name and first name and Email address of the member who wishes to contact the local friend are given.
This form is then sent by passtolocal to the local friend's email address.
The local friend then decides whether to respond positively to the request.
If they do, they do so on a one-to-one and direct basis with no involvement of any kind on the part of passtolocal.paris who are not even notified.
The user undertakes and guarantees that the content of their ads and messages do not contain any content that may infringe current laws and regulations nor cause damages to a third party, nor violate the rules set out below in any way.
The user also agrees to provide true and accurate information about their identity and ads and to confirm that they are aged 18 or over.
The local friend who shares an activity receives no payment and must not request any compensation at all from members.
As a general rule, failure on the part of a member to meet their obligations under these Terms may result in the suspension or removal of their member account, without prejudice to any damages that may be claimed by LOCALISSIM.
Limited liability of LOCALISSIM
The user hereby represents and acknowledges that only the person having posted the information contained within the ads is liable for this content. It is the member's sole responsibility to contact another member and accept other members for their activities.
In any event, LOCALISSIM may not be held liable for any content, particularly of an unlawful nature under current legislation, or of a dishonest nature, nor for the meetings between members.
It is the member's responsibility to be vigilant in their communications and meetings with other members.
3- Products or Services
The products offered comply with French law and the standards applicable in France. LOCALISSIM shall do its utmost to ensure that photographs of products or services depict the products or services offered for sale as accurately as possible. Moreover, each product or service has an accurate description giving its main characteristics.
The products or services sold are:
- A) Passes for events or activities, 'experiences' organised by various partners.
- B) Chargeable services : Special passes in the form of a membership of 3 months, 6 months or one year entitling the holder to a 10% discount on all products and to send free experiences to two people as an introduction. All memberships are payable in Euro. All memberships are payable in full in a single payment.
With each experience booked, an automatic personal discount linked to a member's account allows that member to order all experiences with a 10% discount.
Cooling-off period
The cooling-off period only applies to the 3-month, 6-month or 1-year memberships.
According to article L.121-20 of the French Consumer Code, the buyer has 7 (seven) full days in which to exercise their right to withdraw without being required to give their reasons for doing so or to pay any penalty except the cost of return.
Any right to withdraw during the cooling-off period exercised in accordance with the terms of this article shall give rise to a full refund within thirty days of the receipt of a letter sent to LOCALISSIM, 17 boulevard Saint Michel 75005 PARIS. The full refund corresponds to the price of membership.
-C) Gift vouchers
Gift vouchers available in a range of denominations allow the beneficiary of the gift to order products or services.
Upon placing the order, the Beneficiary of the gift voucher enters a personal single-use code in the relevant box allowing them to pay for their order if the gift voucher amount is equal to or higher than the price of the order. In the event that the gift voucher value is higher than the price of the order, the balance shall not be refunded. In the event that the gift voucher value is lower than the order price, the beneficiary may pay the difference by payment card.
Product information (description, number of participants, price, specific terms relating to delivery or availability) are described on the Website.
4 – Making a booking
In order to book an experience you are asked to create a client account on the Website by entering your contact details, billing address, telephone number or log in if you already have an account.
At any time you may log in to your Member area using your log in details and view your Bookings or issue your Pass.
4.1 When making a booking
You are asked to select the Experience, date, session and number of places you want from the catalogue of Experiences offered on the Website.
After selecting the Experience, the date and the number of places you want, a recap in the form of a basket on the Website will allow you to check your Booking details.
You must then check whether these details are correct. If you are not happy with any of these details, you can click on the icon 'Modify' at any time and correct the details.
You are asked to familiarise yourself with and accept these Terms of sale and any specific terms of sale that may be apply to the Experience. Any such specific terms are specified on the Experience description. You must therefore read the Experience description carefully in order to check that you also accept the related specific terms prior to finalising your order.
By ticking the box 'I have read and accept the terms of sale and terms of use', you accept these terms.
You are then asked to pay and, by clicking on the button Pay, you confirm your selection.
Bookings may not be cancelled, rescheduled or refunded.
As soon as payment is approved by LOCALISSIM, a booking confirmation with your bill is sent to you directly by email. This bill is also available in your Member area in the 'my orders' section. Your order is only final upon the receipt of the email confirmation sent by passtolocal.paris.
No bill or order will be sent by post.
Depending on the Experience chosen, the minimum number of people may not be reached for the chosen date and you will be asked by email to choose another date for this experience or be offered a refund. In such circumstances you will be notified by email at least 24 hours before the experience and will be refunded within 48 business hours.
4.2- Receiving the Pass
You must print the bill you receive in the order confirmation email which may be used as a Pass and show it at the ticket office or to the experience provider, at least thirty (30) minutes before the show starts, if it is a show. At the ticket office, the ticket clerk checks that your Booking is on the list sent by passtolocal.com before giving you the Ticket. As such, the first person to show their Pass to the ticket office will receive the relevant Ticket(s). This is why you should take all necessary precautions to keep your login details to ensure that they are not used by any unauthorised persons.
When printing your Pass, you must check that your print-out has all the essential information needed to get your Tickets from the ticket office in exchange for your Pass.
4.3- No cooling-off period
The sale of experiences is considered to be a leisure activity under article L121-20-4 of the French Consumer Code and as such there is no cooling-off period.
5 - CHANGES TO OR CANCELLATION OF AN EVENT AND REFUNDS
The Experience provider has sole liability for the experience. LOCALISSIM may not be held liable for the organisation of the Experience.
No refunds shall be given for Passes unless the Parisian host (experience provider) was responsible for the cancellation of the Experience. In such circumstances, you will be refunded directly by LOCALISSIM.
The refund is made for the price of the experience and is in the form of a bank transfer to the account of the payment card used for payment.
These provisions do not apply if the client has accepted a replacement service by mutual agreement.
Notwithstanding these conditions, your booking may not be amended or cancelled. The Pass may not be refunded including in the event of loss or theft. The Pass may not be returned or exchanged.
In the event that the Experience is cancelled or the Event is rescheduled or there is a change of time or venue, you shall be notified by passtolocal.paris by email sent to the address given and/or, where relevant, by text message to the mobile number you gave when your account was created. You will also find the necessary information relating to changes affecting the Event in your 'My bookings' area.
In the event that the Experience is rescheduled, you will be offered another date.
In any event and given, in particular, the uncertainty surrounding email, passtolocal.paris cannot guarantee that you will receive an email or text message. Consequently, passtolocal.paris advises you to check whether the Experience is going ahead without changes in the 24 hours beforehand by logging into your 'My bookings' area. Passtolocal.paris undertakes to do its utmost to notify you as early as possible.
5.1 Correct information
It is the Client's responsibility to ensure that the information on the Pass corresponds to their order. No claims shall be accepted after the Service.
In the event of incorrect information, LOCALISSIM shall offer an exchange or refund.
Any claim must be made within 72 business hours of purchase by email to contact@passtolocal.paris,or by post to LOACLISSIM ,17 boulevard Saint Michel 75005 PARIS.
In terms of receiving the Pass by email, it is the Client's responsibility to ensure that they receive the aforementioned email and to notify LOCALISSIM should this not be the case. LOCALISSIM may not be held liable if the Beneficiary is unable to use the Service unless LOCALISSIM is notified in advance that the Client has not received the email.
5.2 Times
The times of sessions or meetings stated on the final ticket or pass must be respected. If the Client is late, they may be refused access to the experience (or, in the case of Shows, be permitted to enter only for the second half). Arriving 20 minutes late for a private service or over 10 minutes late for a group service shall be considered a 'no-show' and LOCALISSIM shall no longer be required to provide the service or to offer a refund.
5.3 Refunds
No refunds shall be offered for any service that is interrupted or cut short or not used by the Beneficiary at their own instigation. No refund shall be offered in the event of a loss of the final ticket or a failure to show the pass on the day of the Service. Any late arrival or failure to attend is deemed to be a withdrawal and shall not give rise to a refund.
5.4 Force majeure
The following constitutes a force majeure event or unforeseen circumstances: any unforeseeable and irresistible external event within the meaning of article 1148 of the French Civil Code, beyond the control of LOCALISSIM and which prevents the services sold from being delivered, in particular sovereign acts, hostilities, wars, riots, government action, natural disaster, fire, floods, exceptionally severe weather that hinder effective operations by LOCALISSIM or one of its suppliers, sub-contractors or transporters as well as damage, defects or delays on the part of several service providers, interruption of telecommunications or the internet, a breakdown in the equipment delivering the service, disruption of transport, energy supplies or raw materials etc.
The party wishing to invoke a force majeure event must immediately notify the other party of the start and end of this event. Should they fail to do this, they may remain liable.
5.5 Liability
For reasons of security and liability, the Parisian hosts (artists or organisers) reserve the right to refuse entry to persons who are not in a fit state to give the attention required for the experience. No refund or damages may be claimed as a result.
6- PRICING
The prices of Products and Services are given in Euros and include all taxes and administrative costs. LOCALISSIM reserves the right to change the prices of products on the website www.passtolocal.paris at any time. Such products shall therefore be billed on the basis of prices at the time the orders are taken.
In the event of a promotion or special offer, LOCALISSM undertakes to apply the discount price to any Booking made for the duration of the promotion. You may be offered specific prices for certain age ranges. If so, you must be in a position to provide identification upon entering the venue for shows and meet the conditions for receiving this price.
If not, you may be refused access to the Experience when the Tickets are checked at the entrance to the venue.
When placing the order the Client may, if they have one, enter a promotional discount code into the relevant field.
7- PAYMENT METHODS AND SECURITY
Only online payment by payment card is accepted.
Payment cards belonging to the Carte Bleue, Visa, Mastercard and Eurocard networks are accepted.
Paying by payment card allows you to book Places online immediately and definitively, subject to exception (see Making a Booking).
The transaction is immediately debited from your payment card after the details have been checked and upon receipt of the authorisation from your card issuer.
In sharing your payment card information with us, you give LOCALISSIM permission to debit your payment card for the price of the experience including all taxes.
As such, you represent that you are the holder of the payment card to be debited and that the name on the card is yours.
Any payments made on the Website are secured through the SOGENACTIF payment system supplied by the bank SOCIETE GENERALE which is the sole recipient of your bank details.
Moreover, in order to protect yourself from fraud, your bank may ask you to enter an authentication code to check that you are indeed the owner of the payment card used.
8 - PERSONAL DATA
Out of concern for the Client's privacy and in order to protect information provided by the Client to LOCALISSIM, LOCALISSIM observes the privacy legislation in place. LOCALISSIM may need to collect personal data from the Client, particularly when orders are placed for Services.
Some of the information requested when the order is placed is required to confirm the order.
Passtolocal.paris may send the Client information enabling them to familiarise themselves with the services on offer. However, the Client can oppose the use of any of their details that have been gathered, at no cost except for any costs incurred in communicating the refusal.
You have the right to access, modify or remove any personal data (art.34 of the French Data Protection Law of 6 January 1978). You may exercise this right by sending an email to the following address: contact@passtolocal.paris, or writing to the following address: LOCALISSIM, 17 boulevard Saint Michel 75005 Paris, and attaching a copy of your identity card.
The Company has applied (application pending) to the French Data Protection Authority (CNIL)n°1768650 in order to collect and process any personal data shared with it.
9 - USE OF COOKIES ON THE WEBSITE
Like most websites, passtolocal.paris uses 'cookies'.
These are text files sent by the web browser to the Client's hard drive. They enable the website passtolocal.paris to recognise the web browser and thus to offer the Buyer personalised services with a particular appeal. Each time the client logs into the website, passtolocal.paris receives and records certain types of information. However, the Buyer may reject 'cookies'.
Most browsers give instructions for rejecting new 'cookies' or to receive a message notifying you when you have received them or how to disable all 'cookies'.
These terms of sale apply in addition to the internal rules of the various venues where services are offered which the client agrees to observe: conduct, dress code, care, safety rules etc.
10- PROPERTY AND RIGHTS
The Style Guide and Content of the Website are protected worldwide by intellectual property legislation currently in place in France. Photos, videos and text content are the property of LOCALISSIM and its partners who report to Bénédicte Bazouin in his capacity as the CEO of LOCALISSIM.
Consequently, the internet user may not represent, reproduce, modify or more generally use this Style Guide and/or Content without the prior express permission of LOCALISSIM.
Any unauthorised use of the Style Guide of the Website and/or its Content constitutes an infringement of copyright and/or trademark laws and the internet user shall be held criminally and legally liable on the basis of copyright and/or trademark infringement.
Moreover, the user agrees not to submit, copy, resell, reproduce or more generally make available, in any form, any information, item or product relating to LOCALISSIM using the website www.passtolocal.paris, without a partnership agreement expressly signed by the parties.
The 'PassToLocal' brand has been registered as a trademark by Localissim. Any representation and/or reproduction and/or partial or total use of these trademarks of any kind, is completely prohibited.
LOCALISSIM operates the website www.passtolocal.paris and as such LOCALISSIM shall be entitled to claim compensation or damages from the internet user for any damages suffered.
11 – Guarantees and Liability
In operating the website www.passtolocal.paris, LOCALISSIM undertakes to apply all necessary means to ensure the permanence, continuity and quality of services, 24 hours a day, 7 days a week, regardless of any scheduled maintenance, subject to the provisions of this article. Access to the Website and Services is provided on the basis of a 'as is' service and accessible according to availability.
In operating the website www.passtolocal.paris, LOCALISSIM offers no express or implicit guarantee, including but not restricted to guarantees relating to the quality and number of Services of a specific nature and the non-violation of terms of use by its Members.
In operating the website www.passtolocal.paris, LOCALISSIM undertakes to do its utmost to ensure its website operates in the best conditions.
In any event, in operating the website www.passtolocal.paris, LOCALISSIM may not be held liable in the event that the internet user does not observe these terms or violates the provisions of this article when using the website.
The internet user undertakes to compensate LOCALISSIM for any costs incurred as a result of a claim or dispute, in or out of court, related to the use of services defined in these terms.
12 Legal notice
Passtolocal.paris is published by LOCALISSIM, a simplified joint stock company with a capital of €3,000 entered in the Paris Trade Register under SIRET number 800 555 658 00015 and having its headquarters at:17 boulevard Saint Michel 75005 PARIS.
The website is hosted by OVH 2 RUE KELLERMANN 59100 ROUBAIX
13 Applicable law and jurisdiction
The terms of sale are subject to French law. Any dispute between the Client and the Company should, where possible, be settled out of court. Any dispute not settled out of court shall be subject to the jurisdiction of the Paris Commercial Court (Tribunal de Commerce de Paris).