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Terms and Conditions and Privacy Policy

 

GENERAL TERMS AND CONDITIONS OF USE AND SALE OF THE www.familytrip.fr WEBSITE

1. Definitions

For the purposes hereof, the following expressions are defined below.

  • The expression ‘website’ refers to the www.familytrip.fr website.
  • The expression ‘partners’ refers to all service providers selected by Familytrip SAS who offer accommodation or other related services for booking through the website operated by Familytrip SAS.
  • The expression ‘services’ refers to all the services offered by the partners.
  • The expression ‘user’ refers to any user of the website who browses, learns about, books, orders and/or purchases one or more services offered by the partners listed on the website, whether directly through the website, or by e-mail or telephone.

2. Scope of application

These terms and conditions apply to all services and information provided by Familytrip SAS, available online, by e-mail or by telephone, and are valid as of 1 January 2010.

Reservations and orders for services may only be made by users who have read these terms and conditions in their entirety and have accepted them by checking the box or clicking on the hyperlink provided for this purpose. Without this acceptance, it is technically impossible to continue with the order process.

Consequently, completion of the order process on the website constitutes express acceptance by the user of these terms and conditions.

The specific terms and conditions of sale of partners are also applicable to the offer and provision of services, in accordance with the same terms and conditions as Familytrip SAS's general terms and conditions of sale. Acceptance of these specific conditions by the user occurs at the time of the actual order.

These terms and conditions may be modified at any time, without prior notice, it being understood that such modifications will be inapplicable to orders for services previously placed. It is therefore imperative that the user consults and accepts the general terms and conditions of use of the website and of sale at the time he/she places his/her order, in particular in order to be sure of the provisions in force.

3. Services and information provided by Familytrip SAS

Familytrip SAS operates the website, enabling :

  • its partners to offer their services (accommodation, ancillary services, etc.) for booking ;
  • Users, to book these same services.

The information provided by Familytrip SAS is based on information provided by its partners. Although Familytrip SAS strives to provide a quality service, Familytrip SAS cannot guarantee that all information is precise, complete or accurate. In addition, Familytrip SAS cannot be held responsible for any error (manifest error or typographical error), any interruption of service (due to any technical failure, whether temporary and/or partial, breakdown, repair, update, improvement or maintenance of our website or otherwise), any imprecise, misleading or erroneous information, or any lack of information. Each partner remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information about it displayed on the website, including its prices and availability.

The services and information provided by Familytrip SAS are only available for private and non-commercial use. It is therefore forbidden to use, copy, display, download or reproduce any content or information, any software and/or any products or services available on the website as part of a commercial or competitive activity or objective.

4. Bookings made through Familytrip SAS

Familytrip SAS, in its capacity as intermediary, transmits the user's reservation request to the partner offering the services concerned.

The intervention of Familytrip SAS does not incur any costs for the User.

By making a reservation, the website user enters into a direct contractual relationship with the partner offering the services concerned by the reservation. Familytrip SAS acts solely as an intermediary between the website user and the partner. In particular, it is specified that the age of the children entered when making a reservation is the age at the time of the stay.

Confirmation of the reservation, which includes the essential elements, such as identification of the service(s) reserved and their price, will be sent by email to the user at the address provided on the website. This confirmation may be cancelled by Familytrip SAS or by its partner within a maximum period of forty-eight (48) hours. All offers presented on the website are subject to availability, and may be subject to a certain minimum number of nights, as indicated on the website.

The confirmation sent by email contains all the information concerning the offer and the specific characteristics of the partner concerned. This confirmation must be presented when the user arrives at the accommodation booked.

The partner or Familytrip SAS has the right to refuse a reservation within forty-eight (48) hours of Familytrip SAS sending the reservation request, particularly if the reservation does not meet the minimum number of nights required. If the user's reservation is not accepted, Familytrip SAS will offer the user a comparable alternative, which the user may accept or decline.

In the event that the reservation made is erroneous, the User has 24 hours to reread the elements and amend the erroneous elements in writing. Any changes after these 24 hours must be made in writing. If the necessary changes have not been made in writing and the user wishes to stay in conditions different from those on their reservation form, their stay may be cancelled by Familytrip or its partner.

5. Rates

The rates offered on the website are very competitive and are indicated per room and per night. They include VAT and all other taxes (subject to change), unless otherwise stated on our website or in the confirmation e-mail. However, tourist tax is not included in the rates shown and may be payable on site at the time of stay.

Lower rates are sometimes available on our website for certain dates with a given partner. However, these lower rates offered by the partners may be subject to specific conditions and restrictions, particularly with regard to cancellation and refund conditions. The user must carefully consult the descriptions of the rooms and rates to be aware of such conditions before making a reservation.

Familytrip SAS wishes to guarantee the best possible rate for accommodation services offered for booking on the website. After booking a room on www.familytrip.fr, if the user finds the same room with the same booking conditions on the Internet within 24 hours of booking, at a lower rate, Familytrip SAS undertakes to reimburse the user for the difference between the rate displayed on the website and the lower rate found on a competing website.

In the case of a price that is manifestly incorrect and/or derisory, Familytrip reserves the right to cancel the sale within 48 hours. Familytrip will reimburse the User in full if he/she has paid.

6. Payment and credit card information

When making a reservation on the website, the User must provide credit card information. The user undertakes to be of legal age and to have the legal capacity to carry out the transaction. The user declares that the payment card used is his/her own and that he/she has sufficient funds to cover the cost of the transaction. The user is financially responsible for all transactions made under his/her name or on his/her account.

Depending on the services booked on the website, payment of a deposit or the full amount of the services booked is required in order to validate the booking. This is clearly explained and detailed on the website during the booking process. Once the reservation has been confirmed, the deposit or the total amount of the services reserved, as the case may be, is taken directly from the credit card whose details have been transmitted by the user.

In addition, Familytrip SAS may make a request for authorization or a direct debit (without the possibility of reimbursement) of the total amount of the services reserved in accordance with the specific reservation and cancellation conditions mentioned on the website, which the User accepts at the same time as these terms and conditions.

In order to protect and encrypt the User's credit card information that passes through the website, Familytrip SAS uses standard SSL (‘Secure Socket Layer’) security technology.

The best price guarantee only applies to payment by cheque, bank transfer or credit card (excluding American Express). Holiday vouchers, gift vouchers or any other means of payment are excluded from the best price guarantee.

In the case of payment by check, if the check is returned unpaid, Familytrip may charge up to €20 (twenty euros) per unpaid check and may cancel the reservation without any compensation or refund.

Gift cards are only valid on receipt of full payment. The gift card is valid for one year from the date of payment. The holiday must be booked within the year, but the holiday may take place at a later date. Gift cards are non-refundable.

7. Cancellation of a reservation made through Familytrip SAS

By making a reservation for services offered by a partner, the user acknowledges having read and accepted the cancellation and no-show conditions for the accommodation in question, as well as any additional conditions of said partner that may apply at the time of the reservation or during the stay, including for services rendered by and/or products offered by the partner.

The general cancellation and no-show conditions specific to each partner are indicated on the website. Any changes or cancellations must be made in writing and may incur costs, in accordance with the cancellation and no-show conditions of the partners concerned. Certain rates or special offers may limit the possibility of cancelling or modifying a booking. The user is therefore invited to read the conditions of each offer before making a reservation.

Modifying a booking is considered as a cancellation.

If the User wishes to modify or cancel his/her reservation, he/she must refer to the confirmation email sent to him/her and follow the instructions indicated therein in order to contact Familytrip SAS as soon as possible.

In the event of cancellation of a reservation that is refundable in full, the deposit paid to Familytrip SAS will be fully refunded to the user by Familytrip SAS.

In the event of the application of cancellation fees or in the event of the cancellation of a non-refundable reservation, and in accordance with the general terms and conditions of sale of the partner in effect at the time of the reservation, Familytrip SAS will directly deduct from the credit card transmitted by the User the amount of the cancellation fees exceeding the amount of the deposit already paid. If the amount of the cancellation fees is less than the amount of the deposit already paid on the website, Familytrip SAS will reimburse the User the difference.

The User may take out cancellation insurance at the same time as booking. The general terms and conditions of cancellation insurance can be consulted on the website and are sent by email within 24 hours of the reservation, if the User has taken out such insurance.

Familytrip reserves the right to cancel the reservation unilaterally within 48 hours of the reservation. In this case, Familytrip will offer at least one alternative solution to the User.

Any dispute arising from the cancellation of a reservation must be handled and settled directly between the User and the partner concerned. Familytrip SAS shall in no way be implicated or held responsible. Under no circumstances may the User make a claim against Familytrip SAS in relation to penalties and fees imposed by the partner for the cancellation of his/her reservation, and in the event of a request for reimbursement, the User must deal directly with the partner concerned.

8. Responsibilities and guarantees

8.1. For use of the website

No guarantee is given to the user with regard to :

  • the absence of anomalies, errors or bugs likely to affect browsing on the website or the use of any function offered on the website ;
  • the possibility of correcting these anomalies, errors or bugs;
  • the absence of interruptions or breakdowns in the operation of the website;
  • the compatibility of the website with any particular hardware or configuration.

In no event shall Familytrip SAS be liable for any direct, indirect and/or consequential damages, whether foreseeable or unforeseeable (including loss of profits or loss of opportunity, etc.) arising from the supply and/or use of the website or from the total or partial inability to use the website's functionalities.

The hypertext links on the website referring the user to other websites are intended solely to facilitate the user's research.

In any event, the user declares that he/she is aware of the characteristics and limits of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and the risks associated with the security of communications.

8.2. For bookings made through Familytrip SAS

Unless otherwise stipulated by law, the User acknowledges that Familytrip SAS, acting as a mere intermediary, cannot, under any circumstances, be held liable for service contracts that the User has entered into with one or more partners.

In particular, Familytrip SAS can only be held liable if the User has suffered, paid or incurred direct damages that can be attributed to a failure by Familytrip SAS to fulfill its obligations in the context of its services. Such damages may be up to the cumulative amount of the total cost of the reservation, as indicated in the confirmation email, whether for a single event or a series of linked events.

In addition, Familytrip SAS cannot be held responsible for:

  • (i) any punitive, special, indirect or consequential loss or damage, loss of production, loss of profit, loss of revenue, loss of business opportunity, loss or damage to brand or reputation, or loss of right to compensation;
  • (ii) any inaccuracy in the (descriptive) information about any accommodation (including its rates, availability and classification) offered for booking on the website. The rate can only be guaranteed at the time of booking and within 24 hours before and after booking;
  • (iii) any services provided or products offered by the partner;
  • (iv) any damages, losses and costs (punitive, special, indirect or consequential) suffered, incurred or paid by you, attributable to, arising out of or in connection with the use of the website, the impossibility of its use or its slow operation;
  • (v) any personal injury, death, property damage or other damages, losses or costs (direct, indirect, special, consequential or punitive) suffered, incurred or paid by the user, whether caused by (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, breach of contract, misrepresentation of facts, tort or strict liability attributable in whole or in part to the partner (its employees, management, officers, agents, representatives or affiliates), including any cancellation (even partial), overbooking, strike, force majeure or other event beyond the control of Familytrip SAS.

In the event of a dispute that has not been settled, within the framework of a prior complaint made within one month of the end date of the stay, after having referred the matter to the reception service and failing a satisfactory response within 15 days, the customer may refer the matter to the Tourism and Travel Ombudsman, whose contact details and procedures for making a referral are available on his website: www.mtv.travel

9. Intellectual property of the website

The website contains copyrightable material, trade names and other proprietary information, including but not limited to text, software, photos, videos, graphics, music and sound. The entire content of the website is protected by copyright law.

The website, its content and all of its constituent elements are creations for which Familytrip SAS, the licensors of the rights concerned and/or, where applicable, partners, are the holders of all intellectual property rights and/or exploitation rights, in particular under copyright law, database law, trademark law and design and model law. This applies in particular to the selection, coordination, arrangement and improvement of the content, as well as to the original content.

The user is granted a non-exclusive, non-transferable right to use the website and the data contained on the website for private purposes. The right thus granted consists of (i) a right to consult online the data and information contained on the Website and (ii) a right of reproduction consisting of printing and/or saving the data and information consulted. This right of use is for strictly private use only. Any other use of the Website, in particular commercial use, by the user is prohibited. The user undertakes not to modify, publish, transmit, participate in the transfer or sale, create derivative works or exploit in any way whatsoever, any content, in whole or in part. Unless expressly authorized by Familytrip SAS or the holder of the intellectual property right of the intangible concerned, no copying, redistribution, retransmission, publication or commercial exploitation of documents downloaded from the website will be permitted. In the event of authorised copying, redistribution or publication of documents protected by copyright, no modification or deletion of the author's name, trademark or ‘copyright’ notice may be made. The user acknowledges that he/she does not acquire any property rights by downloading a document protected by copyright.

The Familytrip brand and its logos may not be used without the consent of Familytrip SAS or the holder of the intellectual property rights for these elements.

10. Publication of opinions and views

Users accept all responsibility for the content of any publications they make or that are made on their behalf. Familytrip SAS reserves the right to monitor all information transmitted or received. Comments published on the website may, at the sole discretion of Familytrip SAS, be deleted without explanation or notice.

11. Privacy Policy

The privacy policy available on the website explains the purpose of the information that the user has provided to Familytrip SAS. By accepting these terms, the User has read and agrees to be bound by the Familytrip SAS Privacy Policy.

12. Applicable Law and Competent Courts

These Terms and Conditions are subject to and governed by French law. Any dispute arising from these terms and conditions of use and our services must be brought exclusively before the courts of Paris.

Website publisher

Familytrip is the brand name of Familytrip SAS, a simplified joint stock company under French law with capital of 103,962.30 euros, registered in the Paris Trade and Companies Register under number 519 911 853. Its registered office is located at 45/47 rue d'Hauteville 75010 Paris.

Familytrip SAS is insured for professional liability by Hiscox Assurances, and has obtained a financial guarantee from the Association Professionnelle de Solidarité du Tourisme (Travel Agent Licence no. IM075100109). Familytrip's intra-community VAT number is FR15519911853.

Site host

KerniX Software

15 Rue Cels

75014 PARIS

Telephone: +33 (0)1 53 98 73 40

Fax: +33(0)1 53 98 73 45

www.kernix.com

Photo credits

  • Thinkstock/Getty Images
  • Image Source/Getty Images
  • P. Broze & A. Chederros/Getty Images
  • Erik Isakson/Getty Images

All rights reserved.

Familytrip takes great care to ensure the confidentiality of your personal and banking data.

Through its declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) under number 1413999, Familytrip guarantees that the data collected at the time of your booking will not be kept beyond the end of the commercial relationship (except in cases where it is necessary to establish proof of a right or contract, in which case the data may be archived in accordance with the provisions of the French Commercial Code, in this case for 10 years). The data of potential customers is only kept for the time necessary to carry out prospecting operations (a maximum of one year after the last contact or no response after two successive solicitations). When the information is collected, the persons concerned are informed of their rights of access, rectification and opposition under the amended law of 6 January 1978.

Collection of information

When you make a reservation on our site, you are asked to fill in online forms and to indicate: the composition of your family (including the ages of your children at the time of your stay), your name, your address, your e-mail address, your mobile phone number, your bank card details (i.e. the type of bank card, its number, the name of the cardholder, the expiry date and the CVC code). This information is necessary to process your booking request, reserve the accommodation you require, finalise your booking and send you a booking confirmation e-mail.

Respect for personal data

As part of our service provision, we collect the following information for the activities described below:

Reservations

In order to finalise your booking, and with the exception of disclosures required by the appropriate courts, criminal investigations, subpoenas or court orders, we will only disclose your name, contact details and credit card number to the partner with whom you have made your booking. Please note, however, that from time to time we may use third party distributors to provide certain services and functions for and on our behalf. These third party distributors may have access to some or all of your personal information in the course of performing their services and functions; however, they remain subject to an obligation of confidentiality, under which they may not use, share or disclose such information for any purpose other than that for which their services or functions are intended.

Enquiries

By making a booking, you agree to receive an e-mail inviting you to complete our customer feedback questionnaire, which we will send to you shortly after the end of your stay. This questionnaire may be completed anonymously. By completing this questionnaire, you agree to your comments being displayed on our website, on the relevant page, for the sole purpose of informing future customers of your opinion during your stay. We reserve the right to normalise, refuse or delete all or part of your comment at our sole discretion. The customer feedback questionnaire is considered to be a survey and, as such, does not include any future commercial offer, invitation or advertisement.

E-mail newsletters and other information:

If you would like to receive our e-mail newsletter, promotional offers or other information from us (about products or services provided by Familytrip SAS, its affiliates or business partners), we offer you the opportunity to register for this service.

If you then wish to unsubscribe from our newsletter and no longer receive promotional offers, you can simply click on the ‘unsubscribe’ link that appears in the email sending you the newsletter.

Registration of visitors, connection and use of web beacons and cookies:

As part of improving our services and products, we use cookies, web beacons and/or other technologies to collect non-personal data, track the behaviour of users of our website, provide specific or targeted offers or advertising, track and record visits to our website, and monitor website usage.

In order to understand how visitors use our website, and for the purposes of marketing analysis and quality improvement, we anonymously collect, store, process and use data and information such as the total number of transactions, pages viewed, arrival and exit pages, the type of platform, time data (dates and times) and data such as the number and location of mouse clicks on a given page, mouse movements, vertical scrolling of pages, search terms used and texts typed when visiting or using our website (‘data’). We also record and use your IP address, the type of browser you use and the name of your Internet service provider. We use this information to provide targeted information to users and to investigate fraud, misuse or crime. For more information on the nature of cookies and how they are used, please consult this site: www.allaboutcookies.org

Protection and confidentiality of your credit card details:

In order to ensure the protection and confidentiality of the personal data communicated to us, we have set up and use appropriate professional systems and procedures. For example, your credit card details are transmitted to us via a secure server that encrypts all your personal data and credit card details. The encryption method used is Secure Socket Layer (SSL) technology.

In addition, we have put in place and use security procedures and technical and physical restrictions to limit access to and use of your personal data. Only authorised personnel are permitted to access your personal information in order to carry out their duties in connection with our services.

Our server and network are protected by firewalls against unauthorised access. We also have intrusion detection systems that monitor and detect any unauthorised action on our servers (attempted access, access and use).

For more information about our privacy policy or your personal data, you can contact us at any time by sending an e-mail to: [email protected] and we will get back to you as soon as possible.