PREAMBLE

DAMOISEL SARL

Registered office: 6 avenue Franklin D. Roosevelt – 75008 PARIS
Private limited liability company registered in the register of travel and holiday operators maintained by Atout France under no. IM075260008 – Share capital: €7,500

Telephone number: +33 (0) 950 090 989

Email address: contact@damoisel.com

Siret: 81467137600022
APE Code 7990Z
Intra-community VAT: FR06814671376
Financial Guarantee: GROUPAMA ASSURANCE-CREDIT & CAUTION – 8-10 rue d’ASTORG 75008 Paris, France

email: cautionvoyage@groupama-ac.fr – Tel.: 01 48 82 63 64

Insurance: HISCOX SA – 49, rue de l’Opéra 75002 PARIS (policy no. HSXIN320076728A)

email: info@hiscox.fr – Tel.: 01 53 21 82 82

I- PURPOSE AND SCOPE OF APPLICATION

The company DAMOISEL is a luxury incoming agency, dedicated to the creation of tailor-made trips and stays, private experiences throughout France. The company DAMOISEL also offers concierge services (logistics and personal services).

The main characteristics of these trips, tailor-made stays, private experiences and concierge services are presented on the DAMOISEL company website at the following address: https://www.damoisel.com/ as well as in the quotation / proforma which will be communicated on a durable medium.

For the transport of travelers, the company DAMOISEL uses a chauffeur-driven car rental company. The cars transporting clients are generally Mercedes vehicles of the E, V or S class type, or equivalent vehicles.

These general conditions are intended to govern the contractual relations between DAMOISEL SARL, acting as a travel agent / concierge service, and persons having the status of consumers or non-professionals within the meaning of the Consumer Code or of traveler within the meaning of the Tourism Code, and having the legal capacity to contract, within the framework of the marketing by DAMOISEL SARL of packages (as defined below) or of individual services.

They do not apply to the supply of services directly booked by the Client with the various providers referenced in the organizer’s program or on the DAMOISEL website.

They are brought to the Client’s attention before any commitment on his part and constitute part of the pre-contractual information referred to in Article R.211-4 of the Tourism Code, in addition to the Organizer’s Program and, in certain cases, the special conditions of payment and cancellation of providers supplying certain specific services.

In the latter case, the Specific Conditions indicated in the description of the service included in the quotation shall prevail over these General Terms and Conditions of Sale.

By making a booking with DAMOISEL, the Client expressly acknowledges having read these General Terms and Conditions of Sale and accepting them without reservation.

These General Terms and Conditions of Sale are updated upon their online publication and cancel and replace any previous version.

DAMOISEL reserves the right to modify its general terms and conditions at any time. The general terms and conditions applicable are those in force on the date of the order or purchase.

The general terms and conditions in force shall prevail, where applicable, over any other version.

II- DEFINITIONS

“DAMOISEL” means the company DAMOISEL, a limited liability company registered in France (SIREN 814671376), whose registered office is located at 6 AVENUE FRANKLIN D. ROOSEVELT, 75008 PARIS.

“Client” means the consumer or non-professional who books a package or an individual service with the company DAMOISEL and/or benefits from the booked package or service.

“Contract”: all of the following documents:
These General Terms and Conditions of Sale
The quotation drawn up between MARCO VASCO and the Client and containing in particular the pre-contractual information
The Organizer’s Program
Where applicable: the general terms and conditions specifically applicable to certain services

“Service”: service described in the Organizer’s Program and in the quotation sent by DAMOISEL and provided to the Client and/or to any traveler on whose behalf the Client has placed an Order such as a stay, tailor-made trip, chauffeur-driven transport, guided tour, etc.

“Provider” means any supplier of service(s) booked with DAMOISEL, such as airlines, hotels, drivers, guides, etc.

“Booking”: any request for tourism Services made by the Client and/or any traveler on whose behalf the Client has placed an Order by any means (internet, electronic means, telephone, mail) and processed by the travel agency.

“Package travel”: package of services composed according to the services offered by DAMOISEL and including transport Services, accommodation or other significant services, which may in particular include exceptional experiences and/or tickets allowing participation in guided tours, events, etc., of more than 24 hours or including at least one overnight stay and offered at an all-inclusive price.

“High season”: High season corresponds to periods of high tourist demand.

In France, high season corresponds to the following periods:
Easter week
from May 20 to August 16
from December 20 to January 6
all national public holidays

List of public holidays:

January 1 — New Year’s Day
Easter
Easter Monday
May 1 — Labour Day
May 8 — Victory 1945
Ascension
Whit Monday
July 14 — National Holiday
August 15 — Assumption
November 1 — All Saints’ Day
November 11 — Armistice
December 25 — Christmas

(Some holidays being movable, it is recommended to check the updated dates.)

III- RULES OF EVIDENCE

The computerized records, kept in DAMOISEL’s computer systems under reasonable security conditions, shall be considered as proof of the communications, bookings and payments that occurred between the parties. The archiving of bookings and invoices is carried out on a reliable and durable medium that may be produced as evidence.

IV- FORMATION OF THE CONTRACT

Pre-contractual information and Principles:

In order to make a booking, the Client must be of legal age and have full legal capacity to undertake under these general terms and conditions of sale and the special conditions applicable to the booked services.

By proceeding with the booking of services with DAMOISEL, the Client expressly declares that he meets these conditions.

Before each order, the Client acknowledges having obtained, prior to the signing of the quotation and the conclusion of the contract, in a legible and understandable manner, these general terms and conditions of sale and all the relevant information listed in Articles L.111-1, L.221-5, R.211-4 to R.211-11 of the Consumer Code and in Article L.211-8 of the Tourism Code.

By signing the contract, the Client acknowledges having received the standard form relating to the relevant service pursuant to the Order of March 1, 2018 “setting the model information form for the sale of travel and stays”, available via the link below:

https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000036677144,

The Client is solely responsible for his choice of services and their suitability for his needs, such that DAMOISEL’s liability cannot be sought in this respect.

The order is accepted by the Client and the contract concluded, at the end of the booking process.

Contractual documents:

These general terms and conditions, the accepted quotation / proforma and, where applicable, the general terms and conditions of the provider supplying specific services, derogating from these general terms and conditions (for the specific services indicated on the quotation), express the entirety of the obligations of the parties and govern their relationship exclusively. By signing the contract, the Client is deemed to accept it without reservation.

It is recalled that any booking of services offered by DAMOISEL implies the Client’s acceptance without reservation of these general terms and conditions of sale which govern the contractual relations between the Client and DAMOISEL.

These general terms and conditions of sale are visible and available in an appendix to the quotation / proforma and to the booking confirmation sent to the Client; as well as on the website https://www.damoisel.com/.

In the event of nullity or unenforceability of a clause of these general terms and conditions of sale, the other clauses of these general terms and conditions of sale shall remain valid and applicable.

Booking process and Terms for conclusion of the contract:

The Client sends a request for quotation to DAMOISEL either by email, or by telephone, or by completing the contact form accessible on the DAMOISEL website at the following address: https://www.damoisel.com/contact/

DAMOISEL sends the Client a booking request form accompanied by a copy of these general terms and conditions of sale and a detailed proposal of services

The Client completes the booking form exhaustively and returns it to DAMOISEL, dated and signed

DAMOISEL sends the Client a personalized quotation drawn up in view of the specific requests and information provided by the Client on the form, as well as any additional pre-contractual information necessary

The Client dates and signs the personalized quotation and returns it to DAMOISEL and pays a deposit of 50% of the booking price to DAMOISEL

DAMOISEL issues a booking confirmation for the Client

A contract is formed as soon as the Client has made a booking with DAMOISEL, DAMOISEL has issued a booking confirmation and the Client has paid the first deposit for the services.

The Client pays the balance of the price at least 60 days before the start of the services.

The obligation to perform the services becomes final for DAMOISEL only after full payment of the price by the Client or by any third party mandated by the latter.

Any failure or full payment default of the price may lead to cancellation of the Booking file due to the Client.

DAMOISEL sends the Client the invoice corresponding to the ordered services (or a proforma) on the date of conclusion of the Contract.

Warning:

It is essential that the Client complete the booking form exhaustively. All documents, notifications and information relating to the booking will be sent to the Client who will be solely responsible for their full transmission to the other persons with whom he travels (travelers).

The Company reserves the right to refuse or not to follow up on a booking request, in particular in the event of a booking made off-season, within a period of less than 8 days, in the event of unfavorable weather conditions, exceptional and unavoidable circumstances or in the event of force majeure.

IV- DELIVERY OF THE CONTRACT AND TRAVEL DOCUMENTS

DAMOISEL provides the Client with a copy of the contract on a durable medium by electronic means or on paper by post if electronic means are not possible.

The delivery of all documents related to the Client’s order is carried out on a durable medium electronically (via electronic mail) or by post (if electronic means are not possible).

The Client must print the Contract and the travel documents and keep them.

If, within the 30 days before departure, the Client had not received his travel documents, it is his responsibility to let DAMOISEL know so that it may resend them to him in time.

These documents must imperatively correspond to the services mentioned and paid for under the contract.

VI- PRICE

Prices indicated in DAMOISEL proposals and brochures:

The prices indicated in DAMOISEL proposals and brochures are established in euros, all taxes included at the rate in force (VAT on margin – article 266 1 E of the CGI).

The prices indicated in DAMOISEL proposals and brochures correspond to the prices in force at the time of their publication.

However, DAMOISEL reserves the right to modify them at any time, upwards or downwards, subject to prior notification to the Client by any means, prior to the date of confirmation of the order.

Pricing:

The services are invoiced on the basis of the rates in force on the day of confirmation of the order. The price confirmed at the time the quotation is established is guaranteed for 24 hours, unless otherwise indicated. Quotations made less than 29 days before the date of travel may be adjusted and differ from the initial estimates.

The prices include, in a general way, the services mentioned in the program, such as lecturer-guide fees, entrance fees (indicated per person and strictly non-refundable once confirmed), transport as well as booking fees, unless otherwise indicated in the terms of the quotations produced.

In this respect, DAMOISEL informs the Client, who accepts it without reservation, that a price supplement shall apply to tours and chauffeur-driven vehicle services during high season, namely:

+50% for tours and car services:
January 1, Easter Sunday, Easter Monday, July 14, December 25, 26 and 31.

+25% for tours and car services:
May 1, May 8, Ascension, Pentecost, August 15, November 1, November 11.

Any overrun of schedules or modification of the planned services (guide services, drivers, etc.) may entail additional charges.

The prices are indivisible and any renunciation of Services included in the Contract or any interruption of travel due to the Client and/or any traveler on whose behalf the Client has placed an Order (even in the event of hospitalization or early repatriation), shall not give rise to any refund to the Client by DAMOISEL. Only the Services explicitly mentioned in the Quotation and the organizer’s program form part of the Package.

Not included in the Package (unless otherwise stipulated in the accepted Quotation or the Organizer’s Program):

excess baggage
personal expenses (tips, telephone, various deposits etc.)
the stay package (for hotels and accommodation services)
meals
travel insurance
any service not expressly mentioned in the contract

Certain services may be subject to particular pricing rules, such as event tickets; their cost is provided for information purposes. If a modification were to affect the amount of these prices after signature of the quotation, the Client would be informed before confirmation of his Order.

Any modification requested after confirmation of the order or less than 15 days before the arrival of the Client / Traveler shall entail additional charges equivalent to 20% of the price of the modified service. For any modification made less than 7 days before arrival, additional charges of €150 per modification shall be applied in addition.

No dispute concerning the price of the services may be taken into consideration upon the Client’s return, who assesses before his departure whether the prices suit him, by accepting for Package travel the fact that it is a package price including Services whose prices are not detailed by DAMOISEL.

Price revision:

The prices retained in the Contracts have been calculated on the basis of exchange rates, air fares, river and sea transport fares, hotel rates and the price of chauffeur-driven transport Services, known at the time of their publication.

In accordance with the provisions of Articles L. 211-12 and R. 211-8 of the Tourism Code, DAMOISEL may modify its prices, both upwards and downwards, to take account of variations occurring between the day of confirmation of the order and that of departure:

of the cost of passenger transport, linked in particular to the cost of fuel or other energy sources; or
of fees and taxes relating to the Services provided for in the Contract, such as landing, embarkation, disembarkation taxes in ports and airports; or
of the exchange rates applied to the trip, the stay concerned, the experience or the service concerned.

DAMOISEL shall inform its Clients of any price revision generated by these factors by any means allowing acknowledgment of receipt no later than twenty (20) calendar days before departure.

In the specific case of package travel, in the event of an increase greater than 8% of said package, the Client shall receive details of the price variation on a durable medium, its consequences on the price of the Package and the choice available to him within a reasonable period:

either to terminate the Contract and obtain, without penalty, the immediate refund of the sums paid. The termination must be notified to DAMOISEL as soon as possible following notification of the increase and by any means allowing acknowledgment of receipt and the refund shall be made directly to the Client.

or to accept the modification of the price

Below the 8% threshold, refusal of the price increase by the Client shall be considered as a cancellation on his part, and shall entail application of the cancellation scale in accordance with Article VII of these General Terms and Conditions of Sale.

VII) PAYMENT TERMS:

Payment terms for packages:

The price of the package is communicated at the time of booking.

To confirm the proposal, payment of a deposit of 50% is required. This deposit guarantees the availability of the services as well as the proposed rates. The trip is considered confirmed only upon receipt of this deposit.

20% of the total cost of the package is non-refundable, whatever the reason for cancellation when the cancellation is made at the request of the Traveler.

For packages including special experiences or exclusive services (private jets, helicopters, private visits outside opening hours, yacht rental, priority access, event tickets), privatization of venues, intimate evenings, meetings with designers, artists or craftsmen, etc.), the amount of the deposit may be adjusted depending on the nature of the services. These specific conditions will be mentioned on the quotation.

Likewise, certain bookings (villas, apartments or private mansions, etc.) may be subject to special payment conditions imposed by providers.

Payment may be made by bank transfer or by credit card (via the Flywire platform).

The balance must be paid no later than 60 days before the date of travel.

2. Special payment terms for event tickets:

Any ticket or entry right purchased for an event or a visit, confirmed at the time of booking, must be fully prepaid and cannot be cancelled or refunded, except in the event of exceptional and unavoidable circumstances or force majeure. Tickets are never confirmed until they have been paid in full.

Tickets purchased for an event or a visit cannot be held and are not confirmed until full payment has been received. In the event of late payment, the tickets may no longer be available; in such case, the payment shall be refunded. Full prepayment is required upon confirmation of any ticket and shall not be credited toward the 50% deposit necessary to guarantee the rest of the booking.

Payment terms for individual concierge and personal services:

Beyond packages, experiences and event tickets, DAMOISEL makes available to Clients and Travelers personal concierge services (personal assistant, private chef, wellness services, styling, childcare, sourcing of rare objects, etc).

When these services are included in the ordered packages, the payment terms applicable to packages mentioned in Article III) 1. apply.

When these services are ordered during the stay, they must be fully prepaid at the time of their booking with the DAMOISEL office and can neither be cancelled nor refunded, less than 48 hours before the date of the start of the corresponding planned services.

They may, however, be modified, according to the conditions applied by the provider supplying the specifically concerned service.

VIII) ADMINISTRATIVE AND HEALTH INFORMATION:

1. Administrative information:

DAMOISEL informs Clients who are European nationals or nationals of a country of the European Economic Area that they must make their own arrangements with regard to police and health regulations applicable at all times during the trip or stay. Other nationals must contact their consular authority, under their sole responsibility.

Clients must verify that the administrative and health documents required for the completion of their trip / stay are in compliance with the information provided by DAMOISEL.

Please note that entry into the Schengen area by nationals of countries outside the European Union must comply with a certain number of conditions, provided for by the applicable European and national regulations.

To enter France, they must in particular present the following supporting documents at the request of border police upon their arrival in France:

a valid passport, issued less than 10 years ago and valid at least 3 months after the intended date of departure;
a valid visa, if required;
proof of accommodation covering the entire duration of the stay (hotel booking and/or certificate of accommodation with a relative previously validated by the town hall),
sufficient financial resources, namely for France: 65 euros per day of stay in the event of presentation of a hotel booking, 120 euros per day in the event of non-presentation of a hotel booking and, in the event of partial hotel booking: 65 euros per day for the period covered by the booking and 120 euros per day for the rest of the stay;
a return ticket or proof of sufficient financial means to acquire one on the intended date of return;
an insurance certificate covering all medical, hospital and death expenses likely to be incurred during the entire duration of the stay in France, including repatriation costs for medical reasons.

Additional documents are required in the event of business travel.

For travelers in transit, they must be able to present proof of conditions for entry into France (conditions of stay and accommodation during transit, onward ticket and visa for France where such visa is required).

Certain categories of persons are exempt from producing supporting documents at borders.

For further information, the Client must refer to the official information provided by the French authorities, in particular at the address https://france-visas.gouv.fr/votre-arrivee-en-france and at the address https://www.service-public.gouv.fr/particuliers/vosdroits/F21921, as well as make inquiries with the competent consular and diplomatic authorities.

DAMOISEL may in no way be held responsible for the consequences of the failure by the Client and/or any traveler on whose behalf the Client has placed an Order to comply with French police, customs or health regulations, before or during his trip.

A Client and/or any traveler on whose behalf the Client has placed an Order who could not board a flight for failure to present the required documents shall not be entitled to any refund or compensation whatsoever. Obtaining visas is not included in the Services, except upon written request by the Client. In such case, DAMOISEL shall notify the Client in writing that it will take charge of the formalities.

Health information:

DAMOISEL informs the Client of French health and safety conditions.

DAMOISEL recommends that the Client regularly consult the information disseminated by the Ministry of Foreign Affairs on health risks present in French territory (https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/fiches-pratiques/risques/les-principaux-risques-sanitaires ) and follow the recommendations of the Ministry of Health website (https://sante.gouv.fr/prevention-en-sante/sante-des-populations/article/recommandations-sanitaires-pour-les-voyageurs ).

IX) ASSIGNMENT OF CONTRACT BY THE CLIENT

The Client may assign his contract to a person who meets the same conditions as himself in order to benefit from the services that are its subject.

In this case the Client is required to inform DAMOISEL of his decision by email (or if impossible by email, by registered letter with acknowledgment of receipt), no later than fifteen days before the beginning of the service. The assignment of the contract must be carried out at cost price. The assignor and the assignee are jointly and severally liable vis-à-vis DAMOISEL for payment of the balance of the price as well as any additional costs occasioned by this assignment.

X) MODIFICATIONS AND CANCELLATIONS

Modifications and cancellations due to the traveler or the client:

1.1. Principles:

As soon as the itinerary is confirmed, commitments are made with third-party suppliers; certain services may therefore be non-modifiable, non-cancellable and non-refundable.

Those which are non-modifiable, non-cancellable and / or non-refundable shall be expressly mentioned on the quotation sent by DAMOISEL to the Client.

In particular, ticketing fees (entry fees, museums, events, shows, etc.) are strictly non-refundable, whatever the cancellation period. contact@damoisel.com

Furthermore, name or date changes for admission tickets or standard tickets are not always authorized. When they are not, such changes shall be considered as cancellations and subject to the corresponding modification fees, for which you shall be liable.

In most cases, any modification requires the purchase of new tickets at full price. The tickets being nominative, it is essential to provide the full name and date of birth, as well as to communicate a copy of the identity document, of each traveler at the time of booking.

When the ordered services are modifiable, cancellable and refundable, any modification requested after confirmation of the order or less than 15 days before the arrival of the Client / traveler shall entail additional charges equivalent to 20% of the price of the modified service.

For any modification made less than 7 days before arrival, additional charges of €150 per modification shall be applied in addition.

Please note that in the case of scheduled flights, modification fees may amount to the amount of repurchase of the round-trip ticket according to the carrier’s conditions of transport.

1.2. Absence of Right of withdrawal conditions of cancellation / termination:

In accordance with Article L221-28-12° of the Consumer Code, this Contract is not subject to a right of withdrawal.

However, the Client may terminate the Contract at any time before the beginning of the trip upon payment of the following cancellation fees (subject to specific fees mentioned on a durable medium before confirmation of the order):

between booking and 60 days before arrival: 20% of the total amount due
between 60 and 30 days before arrival: 50% of the total amount due
less than 30 days before arrival: 100% of the total amount due

These cancellation fees also apply in the event of cancellation of the booking file due to failure of full payment of the price.

For chauffeur-driven vehicle rental services, any cancellation made less than 15 days before the scheduled pick-up time shall incur cancellation fees of 100%. Cancellations made more than 15 days in advance shall incur cancellation fees of 20%.

By way of derogation from the foregoing stipulations, no fees shall apply in the event of cancellation justified by exceptional and unavoidable circumstances or in the event of force majeure.

In any event, if the traveler does not appear at the scheduled pick-up location within 90 minutes after the agreed time, without prior cancellation of the booking within the deadlines and conditions indicated above, the booking shall be considered as a no-show and no refund shall be made.

Likewise, if the passenger does not contact the DAMOISEL office when he is unable to locate his driver, the booking shall also be non-refundable.

The waiting times included in the quotation are as follows:

Airport arrivals (commercial flights): 60 minutes
Train station arrivals: 30 minutes
Port arrivals (cruises, hydrofoils, ferries): 30 minutes
Hotel pick-ups: 15 minutes

Beyond the included waiting time, an hourly supplement shall be applied, depending on the vehicle used.

Cancellations for scheduled services (until 12:00 noon) shall not be accepted after 17:00 GMT on the day before the relevant services.

For Air Services. Cancellation fees are indicated in the registration form and depend on the type of ticket. In the case of a non-modifiable, non-refundable flight, cancellation fees are 100% of the price of the scheduled flight excluding insurance.

DAMOISEL reserves the right to adapt the cancellation conditions on a case-by-case basis depending on the nature of the confirmed services. Any modification in the cancellation conditions shall be indicated in writing on a durable medium before confirmation of the order.

Furthermore, certain services may be subject to the specific cancellation conditions of partner providers, which shall prevail where applicable. In this case, the services subject to the applicable specific conditions of providers shall be communicated in writing and on a durable medium by the company to the Client at the time of confirmation of the order.

1.3. Specific case of cancellation / termination of Package travel in the event of exceptional or unavoidable circumstances

The Client has the right to terminate the Contract relating to a Package travel before the beginning of the trip, stay or excursion, without paying termination fees if exceptional and unavoidable circumstances occurring at the destination or in the immediate vicinity thereof have significant consequences on the performance of the Contract or on the transport of travelers to the destination. In this case, the Client has the right to full reimbursement of the payments made but not to additional compensation.

The services included in a package travel which is cancelled due to exceptional and unavoidable circumstances shall give rise to a full refund, but shall not entitle to any additional compensation whatsoever.

1.4. Methods of requesting modification / cancellation

Any request for modification or cancellation must be sent by electronic mail to the following address: contact@damoisel.com Any request sent by electronic mail after 17h GMT must also be confirmed by telephone. The modification or cancellation takes effect on the date of receipt by the company.

2. Modifications and cancellations at DAMOISEL’s initiative

DAMOISEL shall use its best efforts to provide the ordered services. However, as many arrangements are made several weeks, or even several months in advance, modifications may sometimes prove necessary. DAMOISEL reserves the right to proceed with them at any time.

This may include, without limitation: changes of greeters, drivers (due to delays or flight cancellations), type of vehicle, yacht, jet model, hotel suite category, guide, museum, restaurant or club, some of these establishments being able to close without notice.

DAMOISEL also reserves the right to modify the program, the order of visits or the choice of providers without notice for technical or operational reasons.

Most modifications are minor.

In the event of a modification occurring on one or more of the ordered services, on the program, the order of visits or the choice of providers, DAMOISEL shall inform the Client, either before confirmation of the booking, or, if this has already been confirmed, as soon as possible and, in any event, before the start of the ordered services.

With regard to the allocation of greeters and drivers, these are finalized the evening before the service. In the event of delay, the necessary adjustments may impact the service or, in some cases, lead to its cancellation by partners without notice.

In the event of air disruption, if the booked flight is delayed by more than one hour, greeter and driver services may be modified or cancelled due to staffing constraints. Additional charges shall be applied for any delay greater than one hour concerning these two services.

In the event of cancellation of greeter or driver services, booked by the partner provider, DAMOISEL undertakes to take all useful steps to provide an equivalent service as soon as possible to the client.

In the event of impossibility to provide an equivalent service to the client within a reasonable period, DAMOISEL shall proceed to a refund, except where this impossibility results from force majeure or exceptional and unavoidable circumstances within the meaning of Articles 1148 of the Civil Code and L.211-2 of the Tourism Code.

In any event if, after the departure of the Client and travelers, an essential element of the Contract cannot be performed within the meaning of Article L.211-16 -V and -VI of the Tourism Code, and except in the case of exceptional and unavoidable circumstances, DAMOISEL shall propose at its own expense or with reimbursement of the price difference in the event of lower-level Services, replacement Services, or organize the Client’s early return.

Specific cancellation conditions for mountain experiences or outdoor activities and for boat excursions or transfers:

Because of their specific nature and the commitments entered into by DAMOISEL with environmental guides and with maritime and river companies, neither mountain experiences and outdoor activities (skiing, hiking, trekking, cycling etc.), nor boat excursions or transfers can be modified or cancelled on the same day (or even in advance) solely on the basis of weather forecasts.

With regard to mountain experiences and outdoor activities, only qualified environmental or mountain guides are authorized to assess weather conditions on the same day and to determine whether it is possible to maintain the activity in complete safety. Their decisions are always made with the safety of participants as the absolute priority.

If the excursion is cancelled by the environmental or mountain expert guide due to dangerous weather conditions, a full refund shall be made.

With regard to boat excursions or transfers, only the captain is authorized to assess weather and navigation conditions and to decide whether it is possible to maintain the service in complete safety.

This decision is made with the safety of all passengers on the vessel as the absolute priority.

If the boat excursion is cancelled by the captain due to dangerous weather or navigation conditions at sea, on a lake or on a river, the client shall receive a full refund of the boat service.

DAMOISEL understands that a traveler may prefer not to participate in a mountain or boat excursion, or in an outdoor activity, if the weather appears slightly cloudy or rainy.

However, in this case, the client shall remain liable for 100% of the amount, and full cancellation fees shall apply.

Specific cancellation conditions for Hotels:

Each hotel applies its own specific cancellation policy, which shall be communicated before booking, clearly indicated on the booking confirmation, then recalled on the invoice. In addition, a mention shall appear in the corresponding line of the proforma / invoice for the hotel service concerned, in order to ensure perfect visibility of this policy.

It is the client’s responsibility to read the proforma carefully as well as the specific cancellation conditions relating thereto.

However where hotel services are included in a package travel, the cancellation conditions applicable to package travel shall prevail.

XI) ASSISTANCE TO TRAVELERS

DAMOISEL is responsible for the proper performance of the services provided for in the Contract, when it concerns a Package travel. Within this framework, if the Client and/or the Traveler encounters difficulties, DAMOISEL shall provide him with appropriate assistance as soon as possible, having regard to the circumstances of the case.

DAMOISEL shall be entitled to charge a reasonable price for this assistance if this difficulty is caused intentionally by the traveler or by his negligence. The price charged shall not exceed the real costs borne by the organizer or the retailer.

XII) ACCESSIBILITY

DAMOISEL informs the Client and travelers that certain services are not accessible to persons with reduced mobility, in particular certain itinerant services, certain places of visit whose configuration does not allow for specific arrangements for receiving persons with reduced mobility.

XIII) DELIVERY OF TICKETS

Today, the majority of event tickets are transmitted via applications in the form of electronic tickets. The client accepts that tickets purchased for an event, whatever the date of purchase, may be delivered up until the day before the event and, when they are in paper format, only in the city where the event takes place.

DAMOISEL shall not be held responsible for any loss, whatever the reason. We disclaim any liability in the event of loss, damage, costs, expenses or other claim for compensation resulting from incomplete, incorrect or inaccurate requests or instructions provided by the client, from his delay or failure to appear, or from any other fault attributable to him.

XIV) LIABILITY OF THE DAMOISEL COMPANY

Obligations and commitments of DAMOISEL

Damoisel undertakes to perform the booked services with all the care and skill reasonably expected.

Damoisel undertakes in particular to organize from start to finish the stay, the trip and the exceptional experiences ordered, to ensure a personalized welcome and 24/7 assistance to travelers, as well as the required last-minute adjustments.

Damoisel is, in its capacity as organizer and travel agent, responsible for the proper performance of the Services provided for in the Contract in accordance with Article L. 211-16 of the Tourism Code and is required to provide assistance to the traveler in difficulty in accordance with Article L. 211-17-1 of the aforementioned Code.

In the event of modification, serious disruption or cancellation of an essential element of the services included in a package, DAMOISEL undertakes to inform the Client thereof as soon as possible and to propose alternative services of an equivalent level.

When these modifications, serious disruptions or cancellation occur during the traveler’s trip or stay, DAMOISEL undertakes to provide them with assistance.

In the event of modification or serious disruption of the booked services, DAMOISEL undertakes to provide assistance to travelers and to use its best efforts to offer them, as soon as possible, rapid solutions to enable them to enjoy their exceptional experience, to continue their stay or their trip under the best possible conditions.

Nevertheless, in the event of non-conformity found by the Client during the performance of a travel Service included in the Contract, it is recalled that by virtue of the law, the Client is required to inform Damoisel thereof as soon as possible.

Failure to report a non-conformity on site may have an influence on the amount of any damages or price reduction due if prompt reporting could have avoided or reduced the Client’s damage. DAMOISEL shall also provide, as soon as possible and having regard to the circumstances of the case, assistance to the traveler in difficulty.

In the event of cancellation of a package originating from exceptional and unavoidable circumstances, DAMOISEL shall refund the price of the package that has been paid to it, but shall not provide any additional compensation.

Limitation of DAMOISEL’s liability in the event of failure or damage

Any booking is made on the basis of the information communicated by the client or his intermediary. It is for the latter to verify its accuracy. Damoisel disclaims any liability in the event of erroneous or incomplete information.

Furthermore, DAMOISEL’s liability may not be engaged in the following cases:

failure resulting from the acts, omissions or negligence of the client or his group;
failure attributable to a third party not involved in the performance of the services;
circumstances reasonably beyond its control;

No liability may be incurred for losses which are not the direct, certain and foreseeable consequence of the services provided.

In the event of application of DAMOISEL’s strict liability because of its partner Providers, the compensation limits provided for in Article L. 211-17 IV of the Tourism Code shall apply; failing that and except in respect of bodily injury, intentional damage or damage caused by negligence, any damages are limited to three times the amount of the trip or stay.

Damoisel’s liability also falls within the limits provided for by applicable international conventions (in particular the Montreal Convention of May 28, 1999 for the unification of certain rules relating to international carriage by air) and European regulations governing the liability of carriers.

Lastly, the liability of the Damoisel company may not be engaged in the event of non-performance or delay in the performance of its obligations resulting from a case of force majeure.

Force majeure means any external, unforeseeable and irresistible event, including in particular transport interruptions, strikes, exceptional weather conditions or fires. In these situations, the impossibility of carrying out a service (in particular a booked visit) shall give rise neither to reimbursement nor to postponement.

No compensation shall be granted for modifications or disruptions caused by exceptional and unavoidable circumstances, reasonably beyond DAMOISEL’s control. This includes in particular: industrial action, war or threat of war, civil disturbances, terrorism, closure of airports, bad weather conditions affecting airports, ports or transport links, air delays, police or security alerts, natural or nuclear disasters, as well as health risks.

Specific limitation of liability for Tickets and events

DAMOISEL is neither the original issuer nor the principal seller of tickets and hospitality packages. Its role consists in acting as a sourcing agent, by searching the market, through carefully verified and reliable suppliers, for the best available options meeting the specific needs of travelers.

In certain cases, the invitations, tickets or hospitality packages purchased are not available through the usual retail sales channels. They may be acquired directly from ticket holders or secondary resellers, often at higher prices including service fees reflecting the efforts and costs incurred in obtaining them. Consequently, prices are not set by DAMOISEL but determined by supply, demand and availability. They may be significantly higher than the initial face value of the ticket.

By proceeding with a booking, the client acknowledges that the value of a rare or difficult-to-obtain ticket may be significantly higher than its face value. Once the price has been accepted, the client waives any right to contest based on a comparison with other offers found at a different time or under different market conditions.

DAMOISEL endeavors to ensure that the benefits of the package remain available to the client at all times. If one of the elements becomes unavailable, DAMOISEL shall make all reasonable efforts to honor its previous commitments. However, DAMOISEL may not be held liable for the actions of third parties, suppliers or events beyond its direct control.

If a traveler is refused entry to an event through no fault of his own, a full refund shall be made within 30 days.

DAMOISEL may not be held liable for the cancellation, postponement or non-holding of an event by the venue or the organizer of the event due to exceptional and unavoidable circumstances, or even in cases of force majeure, such as accidents, civil disturbances, strikes, public health emergencies. In these cases, any refund shall be processed strictly in accordance with the policy of the venue or the organizer of the event. DAMOISEL shall not pay any compensation beyond what they themselves grant.

DAMOISEL is solely responsible for the supply of the services as described in the invoice or the proforma sent at the time of booking confirmation. We cannot be held responsible for any inaccuracies in this information nor for the impossibility for the traveler to attend the event, whatever the reason.

XV) LIABILITY OF THE CLIENT / TRAVELER

Clients and travelers undertake to comply with these general terms and conditions of sale, the regulations of the places visited, as well as those of providers (in particular transport companies) and the rules of proper conduct. Failing this, Damoisel reserves the right to apply penalties.

Clients and travelers are responsible for their own behavior as well as that of their entire group. Damoisel and its suppliers reserve the right to refuse boarding or access to any private jet, boat, vehicle, accommodation or activity, and to remove any person from these services, if a member of the group:

is in a state of drunkenness or under the influence of alcohol or drugs;
is reasonably suspected of possessing illegal substances;
acts in a violent, disruptive, dangerous or irresponsible manner;
puts himself or others at risk, or causes a nuisance or disturbance.

In such cases, no reimbursement, compensation or refund of fees or expenses shall be granted.

XVI) INSURANCE / GUARANTEES OF DAMOISEL

DAMOISEL has taken out civil liability insurance with the insurer: HISCOX SA – 49, rue de l’Opéra 75002 PARIS (policy no. HSXIN320076728A) and a financial guarantee with GROUPAMA ASSURANCE-CREDIT & CAUTION – 8-10 rue d’ASTORG 75008 Paris, France, in order to cover the consequences of the professional civil liability that it may incur within the framework of its travel agency activities.

For the comfort and safety of the Client, DAMOISEL recommends that the Client take out appropriate cancellation and repatriation insurance with the insurance company of his choice. The Client also has the possibility of taking out such guarantees within the framework of multi-risk travel insurance with the insurer of his choice. Taking out cancellation insurance, as well as repatriation insurance, or multi-risk travel insurance, is optional.

XVII) Insurance of Clients and Travelers

The activities included in our tours are not classified as dangerous. If travelers take out travel insurance themselves, it is for them to verify that their policy covers all the activities booked through our intermediary.

The Company disclaims any liability in the event of loss, injury or death resulting from an activity undertaken independently of the services booked with it. It is essential that travelers ensure that their insurance coverage does indeed cover all these activities and experiences, whether they were organized through DAMOISEL or not.

XVIII) Data protection

Within the framework of the conclusion and performance of the Contract, DAMOISEL is required to process personal data concerning the Client.

Identity of the data controller

The data controller is the company DAMOISEL, whose registered office is located at 6 avenue Franklin D. Roosevelt, 75008 Paris, reachable at the following address: contact@damoisel.com.

Purposes and legal bases of processing

The Client’s personal data are collected and processed for the following purposes:

Management of pre-contractual requests and bookings: processing of contact requests, establishment of quotations, management of bookings and organization of travel services. This processing is based on the performance of the Contract.

Performance of the contract: administrative management, monitoring of services, payment management, communication with the Client, logistical organization of the trip (in particular bookings with third-party providers). This processing is based on the performance of the Contract.

Compliance with DAMOISEL’s obligations of monitoring, archiving, declaration and accounting. This processing is based on DAMOISEL’s legal obligations.

Collection of Clients’ opinions and suggestions for improvement, and processing carried out for the continuous improvement of DAMOISEL’s services. This processing is based on DAMOISEL’s legitimate interest in continuously improving its services.

The data likely to be processed include in particular: identification data (surname, first name), contact details (email address, telephone), information necessary for the organization of the trip, data relating to transactions, as well as any information communicated spontaneously by the Client.

Within the framework of certain services, DAMOISEL may be required to collect data relating to the Client’s health (for example allergies, specific dietary regime, needs for particular assistance or disability situation), where this information is strictly necessary for the organization and proper performance of the trip. These data are processed on the basis of the Client’s explicit consent, in accordance with Article 9 of the GDPR, and exclusively for these purposes.

Recipients of the data

The personal data collected are intended for DAMOISEL’s internal services as well as for its Providers and subcontractors involved in the performance of the services (in particular technical providers, travel partners, hosts, carriers), within the strict limit of what is necessary for the performance of the Contract.

These recipients are contractually bound to respect the confidentiality and security of the data and may not use them for other purposes.

Transfers outside the European Union

Personal data are, in principle, processed within the European Union.

However, within the framework of the organization of the Services, certain recipients may be located outside the European Union. In this case, transfers are framed in accordance with the applicable regulations and accompanied by appropriate safeguards ensuring an adequate level of protection (in particular by the conclusion of standard contractual clauses adopted by the European Commission or any other recognized mechanism).

Retention period

Personal data are kept for the period strictly necessary for the performance of the Contract and the management of the commercial relationship.

They may then be archived for the periods necessary for compliance with legal and regulatory obligations, in particular in accounting and tax matters, as well as for evidentiary purposes.

Data relating to health are kept only for the period necessary for the organization of the trip and deleted as soon as they are no longer necessary.

Rights of the Client

In accordance with the applicable regulations on the protection of personal data, the Client has the following rights:

right of access,
right of rectification,
right to erasure,
right to restriction of processing,
right to data portability,
right to object, for legitimate reasons,
right to withdraw his consent at any time where the processing is based on it (in particular for health data), without affecting the lawfulness of the processing based on consent carried out before such withdrawal.

The Client may exercise his rights by contacting DAMOISEL:

by email: contact@damoisel.com
by post: DAMOISEL, 6 avenue Franklin D. Roosevelt, 75008 Paris

The Client also has the right to lodge a complaint with the competent supervisory authority (in France, the Commission Nationale Informatique et Libertés or CNIL).

XIX) Complaints and Disputes

Methods for handling complaints:

If the Client or the Traveler considers that part of the booked services has not been provided in accordance with what had been agreed, it is for him to inform DAMOISEL thereof as soon as possible.

Thus, in the event of the observation of the existence of a non-conformity of the services provided and, in a general manner, of any failure in the performance of the contract observed, the Client must inform DAMOISEL thereof as soon as possible by email at the address contact@damoisel.com or by registered mail at the following address:

DAMOISEL Company

6 avenue Franklin D. Roosevelt – 75008 PARIS

If the provider concerned is not able to resolve the problem encountered by the traveler during the stay, a detailed written complaint must be sent to the Company by the traveler within 30 days following his return.

No service not cancelled before departure and not used due to the traveler may give rise to reimbursement.

In any event, any complaint of failure must be sent to DAMOISEL either by email contact@damoisel.com, or by registered letter with acknowledgment of receipt (DAMOISEL Company – 6 avenue Franklin D. Roosevelt – 75008 PARIS) accompanied by all original supporting documents (certificate of services not provided, certificate of early departure, invoices etc…) no later than within 30 days following the return of the Client or the Traveler.

Failing this, no complaint shall be accepted by DAMOISEL.

In the event of a complaint, the Client shall contact DAMOISEL in order to obtain an amicable solution.

Recourse to Mediation or any other method of amicable settlement of disputes:

The Client is informed by DAMOISEL of the possibility of using, in the event of a dispute relating to these General Terms, a conventional mediation procedure or any other alternative method of dispute resolution (conciliation…), under the conditions provided for in Title I of Book VI of the French Consumer Code.

After having referred the matter to DAMOISEL and in the absence of a conclusive response within a period of 60 days or if the response is considered insufficient, the Client may refer the matter to the Tourism and Travel Mediator at the contact details below or on its website. You may also find there the methods of referral:

Tourism and Travel Mediator on the following website: https://www.mtv.travel/ or at MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17.

In the event that the service was purchased online, the Client also has the option, in accordance with Article 14.1 of Regulation (EU) no. 524/2013 of the European Parliament and of the Council of May 21, 2013, of lodging a complaint and selecting a dispute resolution body on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

Applicable law and jurisdiction applicable in the event of a dispute:

These general terms and conditions of sale, as well as the contract relating to services and / or packages booked with the company DAMOISEL, are governed by French law, by Directive (EU) no. 2015/2302 of the European Parliament and of the Council relating to package travel and linked travel arrangements, as well as by European Regulations and other directives and international Conventions of mandatory application in matters of package travel and to each type of booked service, without prejudice to any mandatory protective provisions that may be applicable of the country of residence of consumers, when they reside in the European Union.

Any dispute concerning the conditions of validity, interpretation and performance of these general terms and conditions of sale as well as of the concluded contract relating to services and / or packages booked with the company DAMOISEL falls within the exclusive jurisdiction of the French courts, designated by the rules of jurisdiction set out in Articles 42 et seq. of the Code of Civil Procedure, regardless of the place where the online payment gateway was based at the time of debit and the merchant number used to carry out the transaction.

Where the Client is domiciled in a Member State of the European Union other than France, the competent Court is the one designated by the rules of conflict of Jurisdiction of Regulation no. 1215/2012 of the European Parliament and of the Council.

XX) TELEPHONE CANVASSING OPPOSITION LIST

In accordance with Article L.223-2 of the Consumer Code, the consumer who does not wish to be the subject of commercial solicitation by telephone may register free of charge on a telephone canvassing opposition list. This list is accessible via the following website: www.bloctel.gouv.fr.