Please note: These Terms & Conditions are available both in French and in English translation for the convenience of the customer. However, in accordance with French law, the original French version constitutes the ONLY valid and legally binding document.
These terms and conditions (hereinafter “the T&C”) are published by the company Midi Sonne, a limited liability company, capital of 1.000 euros having its registered office at 76, rue Trivalle – 11000 Carcassonne, registered with the RCS Carcassonne under the number 825 361 629, represented by Cristelle LUCCHESE.
Customer service :
Phone: +33 6 03 89 44 00 E-mail: firstname.lastname@example.org
Article 1 – General provisions
1.1. Purpose of the Terms
The T&C are applicable exclusively to the sale of services of the company Midi Sonne on the site www.carcassonnefoodtour.com (hereinafter the “Site”), which consist of guided tours or other activities of a touristic, leisure, or professional nature.
1.2. Field of application of the T&C
The T&C exclusively govern the online sale of the company Midi Sonne’s services to natural persons having the quality of consumers (the “Customers”) and constitute, with the online reservation, the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs which are only indicative.
Customers also declare to be of age and fully capable of entering into contracts.
1.3. Availability and opposability of the GSC
The T&C are available to Customers on the website www.carcassonnefoodtour.com, where they are directly available.
The T&C are opposable to the Customer, who recognizes, by checking a box provided for this purpose, to have known and accepted these terms before booking.
Confirmation of the reservation by its confirmation is the Client’s acceptance of the T&C in force on the day of the reservation whose conservation and reproduction are provided by the company Midi Sonne, in accordance with Article 1127-2 of the Civil Code.
1.4. Modification of the T&C
The company Midi Sonne may modify its Terms and Conditions at any time but, in the event of a modification of the T&C, only the Terms and Conditions applicable on the date of the reservation will be applicable (and a dated copy may be given to the Customer at his request).
1.5. Terms of the GSC
The nullity of a clause will not entail the nullity of the GSC.
The temporary or permanent inapplication of one or more clauses of the T&C by the company Midi Sonne
can not be a waiver of the other clauses of the GSC that continue to produce their effects.
Article 2- Services
The services provided by the company Midi Sonne are presented on the Site.
The photographs illustrating the services do not constitute a contractual document.
In case of unavailability of one or more services after the booking is made, the Customer will be immediately notified by e-mail and will be refunded the amount of services unavailable. If the booking is completely unavailable, the Customer will be notified by email and will not be charged or will be fully refunded.
Apart from reimbursing the price of the unavailable service, the company Midi Sonne will not be held liable for any compensation, unless the breach of contract is personally attributable to it.
Article 3 – Price
3.1. Selling Price
The selling prices, in accordance with article L.112-1 of the Consumer Code, are indicated, for each of the Services, in euros with all taxes included. They are those in effect on the day of booking. In accordance with article 293B of the CGI, VAT is not applicable by the company Midi Sonne.
The total amount due by the Customer is indicated on the booking confirmation page.
The company Midi Sonne reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the reservation.
Article 4 – Offer
The online sales offers presented on the Site are valid, in the absence of indication of specific duration, as long as the Services appear on the Site and within the limits of available places.
The acceptance of the offer by the Customer is validated, in accordance with the double click process, by the confirmation of the reservation.
Article 5 – Booking – Order
5.1. Steps to conclude the contract
To make a reservation, the Customer, after having indicated the selected Services, then clicks on the “Pay with card” button and provides information on the method of payment.
Before clicking on the “Confirm booking” button, the Customer has the opportunity to check the details of his booking and his total price and to return to the previous pages to correct any errors or possibly modify his reservation.
The confirmation of the reservation entails acceptance of the T&C and forms the contract.
However, for private tour or event reservations, the reservation is firm and final only after written acceptance of the Customer and signature (by mail or e-mail) and after the immediate payment of a deposit 40% of the estimated total of the Services indicated on the quote. The balance of 60% must be paid 15 days before the date of the service.
An email acknowledging receipt of the reservation and its payment is sent by the company Midi Sonne as soon as possible. As such, it is the responsibility of the Customer to correctly indicate his email address, the company Midi Sonne is not responsible for errors in the Customer’s email address entry.
Any modification of booking by the Customer after confirmation of his reservation is subject to the acceptance of the company Midi Sonne.
Article 6 – Contract
The sales contract is formed at the time of the sending by the Customer of the confirmation of his reservation.
6.2. Archiving and Proof
The archiving of communications, booking vouchers and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, vouchers and invoices may be produced as evidence of the contract between the parties.
Article 7 – Payment
7.1. Due Date
Payment is made:
• Either immediately upon booking by credit card; or
• Wire Transfer or
• By check only more than 30 days before the date of the event.
It is the Customer’s responsibility to record and print his payment certificate if he wishes to keep the banking details relating to his transaction.
The Client guarantees the company Midi Sonne that he is fully authorized to use the payment card for the payment of his reservation and that these means of payment legally give access to sufficient funds to cover all the costs resulting from his booking on the site www.carcassonnefoodtour.com. The company Midi Sonne can not be held responsible for any fraudulent use of the means of payment used.
The use of the identifier (email address of the Customer) of the Customer will be proof of its identity and the payment of the sums corresponding to the date of validation of the reservation or the order. The company Midi Sonne can not under any circumstances be held responsible for the fraudulent use of this information.
The provision of the credit card number and the final validation of the reservation or the order will be proof
of the acceptance of said reservation or order and will be worthy of sums due.
7.2. Securing payment
In order to optimize the security of transactions, any payment made by credit card on the Site is made via the secure online payment system Stripe and Paypal, which allows the encryption of all the data relating to orders (including names, addresses and numbers credit cards) so that the information communicated is protected during transmission.
7.3. Late payment
Any amount not paid at maturity is productive, without notice, of interest at the legal rate.
7.4. Default of payment
If the agreed price is not paid by the due date, the company Midi Sonne reserves the right to suspend or cancel the reservation, the deposit paid to the reservation remaining acquired at the company Midi Sonne as compensation.
Any new booking may be suspended in case of late payment of a previous reservation and this notwithstanding the provisions hereof.
Article 8 – Right of Withdrawal
Pursuant to Article L221-28 12 °, no right of withdrawal may be exercised for contracts for the provision of services for leisure activities that must be provided at a specific date or period.
Article 9 – Conditions of Cancellation and Modification of the Services
9.1. Cancellation or Modification by the Customer
Any modification of the order by the Customer after confirmation of his order is subject to the acceptance of the company Midi Sonne. The request must be made by email to: email@example.com
a) Guided tours in small groups
Purchases of Services are refundable up to 48 hours before the start of the tour.
The Customer may also request to reschedule his reservation, subject to availability, or to transfer his reservation to another person up to 48 hours before the start of the tour.
Any request for refund or modification must be made by email minimum 48 hours before the start of the tour.
The company Midi Sonne will not reimburse a participant who did not show up on the day of the event or who arrives after the start of the activity.
The tour is provided for a minimum of 2 people and maximum of 8 people. If this minimum is not reached, the company Midi Sonne reserves the right to postpone the tour to a later date, subject to informing the Customer within 48 hours before the start of the tour or to cancel it. The customer will be informed by email, phone, or text message.
This cancellation will result in the reimbursement of all the sums paid by the Customer, without the latter being able to argue any prejudice.
b) Private guided tours or events
Any total or partial cancellation made by the Customer must be notified in writing, the date of receipt of the cancellation being valid for the application of cancellation fees provided below:
• Cancellation more than 45 days before the scheduled date: penalty representing 10% of the total price of the service, regardless of the amount of the service;
• Cancellation between D-45 and D-21 days before the scheduled date: penalty representing 25% of the price inclusive of the service, regardless of the amount of the service.
• Cancellation between D-20 and D-8 days before the scheduled date: penalty representing 50% of the price inclusive of the service, regardless of the amount of the service.
• Cancellation made less than 7 days before the date of the service or no-show of the Client on the D- day: penalty representing 100% of the price inclusive of the service.
9.2. Cancellation or modification by the company Midi Sonne
In the event of exceptional unavailability, the company Midi Sonne reserves the right to cancel the tours. Customers will be informed by email, phone, or text message.
This cancellation will result in the reimbursement of all the sums paid by the Customer, without the latter being able to argue any prejudice.
The company Midi Sonne reserves the right to terminate a tour if, due to the behavior of a Customer, the rules of decorum and safety are not respected.
If it appears that the weather conditions do not allow the activity to be carried out under the appropriate safety conditions, the company Midi Sonne will postpone or cancel the tour.
On the date scheduled for the visit, if the company Midi Sonne is obliged to change the time and place of meeting, he will notify the Clients by email, telephone or text, at least 2 hours in advance. advance.
Article 10 – Responsibilities
10.1. Responsibility of the company Midi Sonne
As part of the walks, the company Midi Sonne can offer a product discovery service presented by partners and of which he is neither the designer nor the manufacturer. Therefore, the company Midi Sonne will not be responsible for damages resulting from the use of the products offered during the gourmet course by the partners of the company Midi Sonne under the sole responsibility of the latter.
Any complaint that may result from the use of the products present during the gourmet course should be addressed directly to the partner of the company Midi Sonne.
The responsibility of the company Midi Sonne under the obligations of the present General Conditions of Sale can not be engaged in the case where the non-performance of its obligations would be imputable to the fact of a third, to the fault of the Customer or to the occurrence of an event of force majeure as defined by article 1218 of the Civil Code.
10.2. Customer’s responsibility
The Customer must present himself at the meeting place 5 minutes before the time specified on his reservation.
The transport costs to the meeting point are at his expense. The price includes the walk and tastings. Tastings will be announced at each stage. The price does not include personal expenses and special requests.
In the event of the presence of minor persons or appearing such, the company Midi Sonne reserves the right to ask for a valid identity document. Under no circumstances will a minor be allowed to take part in an alcohol tasting unless accompanied by one of his parents and expressly authorized by him. It is recalled that the abuse of alcohol is dangerous for health and consume with moderation.
The Customer is free to interrupt or leave the tour at any time; However, he can not claim any refund or discount.
People with disabilities are invited to check with the company Midi Sonne that the tour is adapted to their abilities.
The Customer must inform the company Midi Sonne of any applicable food restrictions.
The Customer will be responsible for the physical damage he has committed during a tour.
Article 11 – Intellectual property
The elements reproduced on the site www.carcassonnefoodtour.com are the exclusive property of the company Midi Sonne and are protected by copyright and trademark law.
Any reproduction and distribution of these elements without the prior written permission of the company Midi Sonne exposes offenders to prosecution.
Article 12 – Treatment of personal data
12.1. Personal data
The computerized processing of the personal data of the Clients collected within the framework of a reservation of Services on the Site has the purpose of allowing the company Midi Sonne to provide you with the said Services.
The information requested on the Site is mandatory. Without this information, the reservation or order of the Customer can not be processed.
In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, and Law 78-17 of January 6, 1978 relating to computers, files and freedoms amended by Law No. 2018-493 of June 20, 2018 on the protection of personal data, the Customer has a right of access, rectification, limitation, opposition and erasure of the processing of his personal data. To exercise this right, the Customer must write to firstname.lastname@example.org or via the “Contact”page and indicate his name, first name, e-mail, address and customer reference.
Persons taking part in the tours and not wishing for photographs of them to be taken and published on the Site must inform the company Midi Sonne.
Article 13 – Communication between the Customer and the company Midi Sonne
The exchanges between the Customer and the company Midi Sonne will be mainly electronic (by email)
unless otherwise provided by the T&C or the law.
Article 14 – Advertising on the Site
The company Midi Sonne may decide to place advertising space on the Site. The company Midi Sonne enjoys a total choice of advertisers, types of visualization of advertisements and their position on the Site.
Article 15 – Mediation
15.1. Advance complaint
In case of dispute, the Customer must first contact the customer service by telephone [+33 7 66 10 08 70 (non-surcharged number from a fixed or mobile line in mainland France)], Monday – Friday (except holidays) from 10h-18h, or by email (email@example.com) or postal mail to Sarl Midi Sonne, 76, rue Trivalle – 11000 Carcassonne.
15.2. Request for mediation
In case of failure of the Client’s complaint to the Customer Service or in the absence of a response from the Customer within 2 months, the Customer may submit the dispute between him and the company Midi Sonne to the mediator: La Médiation Tourisme et Voyage who will try, in all independence and impartiality, to bring closer parties with a view to reaching an amicable solution.
To submit a request for mediation, the Client has a claim form available on the mediator’s website. [http://www.mtv.travel]
The parties to the contract remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator.
Article 16 – Applicable law
These Terms are subject to French law.
Article 17 – Competent court
In the absence of an amicable agreement, the Customer may submit to the Tribunal any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract as well as all documents related to this contract.
The Customer may use (Article R631-3 of the Consumer Code):
• The Court of the seat of the company Midi Sonne; or
• The Court of the place of performance of the service provision; or
• The Court of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.