PREAMBULE
(A) NEORIZONS Company (hereafter, “NEORIZONS”), is a simplified joint stock company with a capital of 5.000 Euros, of which the registered office is located in PARIS (75116) - 45, avenue Raymond Poincaré, registered under the number 512.149.360 RCS PARIS. NEORIZONS publishes an Internet site http://www.neorizons-travel.co.uk (hereafter, “Internet site”) whose principal aim is the sales promotion by the third party of luxury holidays in France and other country related to the sector of wellbeing.
(B) In order to make safe the legal relations between NEORIZONS and the customers of the Internet site (hereafter, “Customers”), the Customer states to have received knowledge of these conditions of sale (hereafter, “Conditions of sale”) and states to have accepted them before the conclusion of the order on the Internet site. In accordance with article L.111-1 of the Code of consummation, the Customer states to have been informed, before the conclusion of the order, of the essential characteristics of the services suggested on the Internet site.
(C) All Internet site Customers admit having the capacity to contract with NEORIZONS, to be major, and not to be placed under the mode of the supervision or trusteeship as envisaged by titles X, XI, XII of the Civil code.
1. PRESENTATION AND DURATION OF THE OFFER
1.1 The Internet site has for main object the sales promotion by thirds of luxury holidays in France and other country related to the sector of well-being.
1.2 The offers of provisions of services proposed on the Internet site are valid as long as they remain on line until expiring of their availability, and can vary in real time.
1.3 The description of the provisions of services is that whose NEORIZONS is informed at the time of the seizure of information on line of the Customer on Internet site.
1.4 This information is likely to evolve/move and to be modified. NEORIZONS - acting only as quality of intermediary between the Customer and the people receiving benefits partners of NEORIZONS - endeavors to bring up to date its offers as soon as it is informed of information with regard to them.
2. SPECIFICITY OF THE ORDER OF VOYAGES
2.1 On the Internet site, the organization or the sale of voyages or individual or collective stays is proposed by the following travel agency:
Take Off, 4 rue Alésia 75014 Paris Phone number: +33 (0) 1 45 38 90 24..
2.2 Under the services described in paragraph 2.1 above, the general conditions of sale of the qualified travel agency will apply to the Customer, namely: Download the term of sales of Take off travel agency.
2.3 In the event of contrariety between the general conditions of sale of the qualified travel agency and the Conditions of sale under the services described in paragraph 2.1 above, it will be made application of the general conditions of sale of the qualified travel agency.
2.4 In accordance with article R.211-14 article of the Code of tourism, the Customer states to be informed that each travel agency will make its personal deal so that the Customer is informed of the provisions of the R.211-5 articles with R. 211-13 of the Code of tourism.
The Customer states to have been informed to the fact that NEORIZONS does not bring its contributions to the services provided by the travel agency within the framework of their activities. So legislation and the regulation relating to the travel agency in force at the day of present is not applicable to NEORIZONS and cannot be opposed by the Customer to NEORIZONS.
2.5 The Customer states to have been informed of the specific provisions of Article 2 of the Conditions of sale and to accept them.
3. THE ORDER
3.1 To place an order on the Internet site, the Customer must be beforehand identified on the heading ‘reservation’
3.2 In the heading “reservation” of Internet site, the Customer must fill, according to indications which are provided to him on line, a form placed at its disposal where must appear information necessary to the treatment of its order and the identification of the Customer, namely: the type of group, civility, the number of adults, the names, first names, addresses, postal code, city, country, telephone, fax and e-mail addresses.
3.3 After having selected his order on Internet site, the Customer expresses his engagement and his meaning of the Conditions of sale while clicking on the miter “to validate”. As of this moment, the order will be recorded. The fact of the Customer clicking on the miter “to validate” is compared to the electronic signature as envisaged by articles 1316 and following of the Civil code.
3.4 As from the recording of the order, NEORIZONS (I) will address to the Customer an email of confirmation of the order to the address Internet which the Customer will have indicated on the form cited in paragraph 3.1 above, (II) will transmit the co-ordinates of the Customer to its people receiving benefits and the qualified travel agency so that the latter contact the Customer to confirm the reservation and to transmit to him the whole information and the documents envisaged by the Code of consumption and the Code of tourism in case of remote reservation of a provision of services.
3.5 In accordance with the L.121-18 article of the Code of consumption, the email sent by NEORIZONS to the Customer will comprise the following information:
(I) the name of the salesman of the product or the service provider, the telephone co-ordinates allowing to come indeed into contact with him, the address of its registered office and, if it is different, the address of the establishment responsible for the offer
(II) if necessary, expenses of delivery;
(III) in accordance with the L.121-20-4-2° article of the Commercial law, the absence of a right of revocation for the provisions of services of lodging, transport, restoration, leisure provided to a date or according to a given periodicity and the existence of a right of revocation and its limits possible for the other goods or provided services;
(V) Period of the validity of the offer and the price of this one.
3.6 By preserving this email and by printing it, the Customer will hold the proof of his order at NEORIZONS insofar as the aforementioned email will point out the detail of the reservation. By this email, it will be allotted to the Customer a number of file which the Customer will have to preserve for any information concerning his reservation.
3.7 The request for reservation will be effective only after reception by the qualified travel agency of the purchase order duly filled by the Customer and of the proof of the payment of the service ordered by the Customer. The reservation of the Customer will be final only after confirmation with the Customer by the turn operator partner of NEORIZONS of the availability of the stay.
4. PRICE – PAYMENT
4.1 On the Internet site, NEORIZONS proposes provisions of services at negotiated and public prices. Descriptions of services presented at the Customers on Internet site specify for each type, the services included in the price and the possible particular conditions.
4.2 The prices charged on Internet site are those in force at the day of the order by the Customer. All the prices indicated on Internet site are expressed in euros, value-added tax included/understood.
4.3 The amount of the value-added tax is suitable for modification to the rise as with the fall and this, without notice by the authorities concerned. Such a modification, with the rise as with the fall, would be automatically reflected on the invoiced amount if the aforementioned modification intervened between the day of the order and the day of the supply of the service and/or the delivery of the product.
4.4 The Customer states to be informed owing to the fact that the order is not paid on the Internet site at the time of the reservation but directly to the qualified travel agency, partner of NEORIZONS.
5. COMPLAINT - CANCELLATION - RESPONSIBILITY
5.1 In accordance with the provisions of the Code of consumption, for any information or question, the customer service NEORIZONS is at the disposal of the Customer: by telephone to 01 56 28 01 46 (0,34€ including all taxes/min), by mail with the following address “NEORIZONS - customer service - 45, avenue Raymond Poincaré - 75116 PARIS” or by email in clicking here.
5.2 NEORIZONS acting only as an intermediary between the people receiving benefits of which he is partner and the Customer, any complaint, cancellation, modification of an order relating to a stay is subjected to the general conditions of sale of the qualified travel agency whose Customer admits having been informed.
5.3 The entirety of the management of the luxury holidays in France or other country suggested on Internet site being entrusted to the partners of NEORIZONS, the Customer states to be informed owing to the fact that NEORIZONS cannot be held for person in charge for all litigations, complaints and more generally all difficulties than the Customer could meet within the framework of the stay. The Customer states to take all guaranteed consequently.
5.4 In no case, NEORIZONS could not be held for person in charge because of circumstances concerned with the cause beyond control, because of foreign thirds with the supply of the services envisaged in the Conditions of sale or of the bad execution of the ascribable Conditions of sale to the Customer. NEORIZONS could never be been liable by the Customer for indirect damage.
5.5 NEORIZONS could not be held for person in charge for the execution of the services bought on the spot by the Customer and not envisaged with the description of Internet site or the Conditions of sale, nor of the pre-routings or post-routings taken on the initiative of the Customer.
6. MODIFICATION OF THE GENERAL CONDITIONS OF SALE - LAW APPLICABLE - JURISDICTION
6.1 NEORIZONS reserves the possibility of constantly adapting or of modifying the Conditions of sale. The version of the applicable Conditions of sale is that which is transmitted to the Customer at the time of the order.
6.2 Conditions of sale can also be obtained on request, by e-mail or by mail with the address indicated above at paragraph 5.1 of the Conditions of sale.
6.3 The Conditions of sale are controlled by the laws and payments of the French Republic. If a disagreement would occur between NEORIZONS and the Customer in the validity, the execution, the interpretation of the Conditions of sale, the parts oblige to try to solve it beforehand in a friendly way.
6.4 In this respect, the diligent part will notify by registered letter with request for notice of receipt to its contracting beginning of the friendly phase. If, at the end of a thirty (30) days deadline as from the notification, NEORIZONS and the Customer are not able to agree, the disagreement will then be subjected to the appreciation of the qualified French courts, by the diligent part. For any disagreement bearing on the execution of the luxury holidays, it is made reference in the general conditions of sale of the qualified travel agency.
Go back to update: Febuary 15, 2010