Terms and conditions - Business customers

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 number 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: hiscox.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, and private experiences throughout France. 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 website at the following address: https://www.damoisel.com/ as well as in the quotation / pro forma that will be provided to the Client on a durable medium.

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

These general terms and conditions define the terms of the agreement between DAMOISEL SARL, acting as an incoming travel agent, and the travel expert of the Tour Organizer or Principal Agent in the country of origin, who purchases either a package (as defined below) or an individual service from DAMOISEL SARL.

They do not apply to the provision 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 attention of the Traveler by the Client prior to any commitment and constitute part of the pre-contractual information referred to in Article R.211-4 of the French Tourism Code, in addition to the Organizer’s Program and, in certain cases, the specific payment and cancellation conditions 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 accepts them without reservation, and having ensured that the Traveler has been informed of them and has accepted 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 applicable general terms are those in force on the date of the order or purchase.

The general terms 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” or “Principal Agent” means the Tour Organizer who purchases either a package or an individual service from DAMOISEL SARL.
“Traveler” means the final consumer, beneficiary of the service contracted and booked by the Tour Organizer.
“Provider” means a service provider supplying a service booked with DAMOISEL SARL.
“Booking” means 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” means a combination of services composed according to the services offered by DAMOISEL and including transport services, accommodation or other significant services, which may include exceptional experiences and/or tickets allowing participation in guided tours, events, etc., lasting more than 24 hours or including at least one overnight stay, and offered at an all-inclusive price.
“High Season” means 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 Day
August 15 — Assumption
November 1 — All Saints’ Day
November 11 — Armistice
December 25 — Christmas

(Some holidays are movable; it is recommended to verify updated dates.)

III) RULES OF EVIDENCE

Computerized records stored in DAMOISEL’s computer systems under reasonable security conditions shall be considered as proof of communications, bookings and payments made between the parties. Bookings and invoices are archived on a reliable and durable medium that may be produced as evidence.

IV) FORMATION OF THE CONTRACT

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 a deposit of 50% of the booked and confirmed services.

A travel expert working for the Client, Tour Organizer, must make all bookings and constitutes the main contact with whom DAMOISEL deals.

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

By signing the contract, the Client acknowledges having provided the Traveler with 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 at the following link:

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

The Client is solely responsible for the choice of services and their suitability for the Travelers’ needs, such that DAMOISEL cannot be held liable in this respect.

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

Where the booking concerns several persons, the first person named in the booking must be at least 18 years old and shall be considered the main responsible person (“lead name”) of the booking.

The agent or travel expert acts as principal agent and shall be responsible for full payment, regardless of the method of payment chosen at the time of confirmation.

The agent or travel expert shall also be responsible for communicating to the Traveler all relevant pre-contractual information listed in Articles L.111-1, L.221-5, R.211-4 to R.211-11 of the French Consumer Code and Article L.211-8 of the French Tourism Code, as well as the standard information form referred to above.

Before making a booking with DAMOISEL, the Client must carefully read and accept these general terms without reservation.

If any clause is null or unenforceable, the remaining clauses shall remain valid.

By making a booking, the Client accepts these terms without reservation and guarantees that the Traveler also accepts them.

It is essential that the Client completes the booking form in full. All documents and information will be sent to the Client, who is solely responsible for transmitting them to the Traveler.

DAMOISEL reserves the right to refuse a booking request, particularly in case of:

off-season booking
booking made less than 8 days in advance
unfavorable weather conditions
exceptional and unavoidable circumstances
force majeure

V) PRICE

1. Prices indicated

Prices are expressed in euros, all taxes included (VAT on margin – Article 266 1 E CGI).

They correspond to prices in force at the time of publication.

DAMOISEL reserves the right to modify them before confirmation.

2. Pricing

Services are invoiced based on rates in force on the day of confirmation.

The quoted price is guaranteed for 24 hours unless otherwise stated.

Quotes made less than 29 days before travel may be adjusted.

Prices generally include:

guide fees
entrance tickets (non-refundable)
transport
booking fees

High season surcharges:

+50% on:

January 1
Easter Sunday
Easter Monday
July 14
December 25, 26, 31

+25% on:

May 1
May 8
Ascension
Pentecost
August 15
November 1
November 11

Any overtime or modification may result in additional charges.

Prices are indivisible. No refund is granted for unused services.

Not included:

excess baggage
personal expenses
meals
tourist taxes
insurance
any non-mentioned service

Modifications:

<15 days: +20%
<7 days: +€150

No dispute on price after return is accepted.

3. Price revision

Prices may vary due to:

transport costs
taxes
exchange rates

DAMOISEL informs the Client at least 20 days before departure.

If increase >8%:

Client may cancel free of charge or accept

If <8%:

refusal = cancellation

VI) PAYMENT TERMS

1. 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 rentals, 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 in the quotation.

Likewise, certain bookings (villas, apartments or private mansions, etc.) may be subject to specific 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 travel date.

Failure to pay the balance within this period may result in cancellation of the booking file.

2. Payment terms specific to event tickets

Any ticket or admission 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, tickets may no longer be available; in such case, the payment will be refunded.

Full prepayment is required at confirmation of any ticket and will not be applied to the 50% deposit required to secure the rest of the booking.

3. Payment terms for individual concierge services and personal services

In addition to packages, experiences and event tickets, DAMOISEL provides Clients and Travelers with personal concierge services (personal assistant, private chef, wellness services, styling, childcare, sourcing of rare items, etc.).

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

When these services are ordered during the stay, they must be fully prepaid at the time of booking with DAMOISEL and cannot be cancelled or refunded less than 48 hours before the start date of the corresponding services.

They may, however, be modified according to the conditions applied by the relevant provider.

VII) ADMINISTRATIVE AND HEALTH INFORMATION

1. Administrative information

Travelers who are nationals of European countries or of a country of the European Economic Area must make their own arrangements regarding police and health regulations applicable at any time during the trip or stay. Other nationals must contact their consular authorities under their sole responsibility.

Travelers must verify that the administrative and health documents required for the completion of their trip or stay comply with the information provided by DAMOISEL.

Please note that entry into the Schengen area for nationals of non-EU countries must comply with applicable European and national regulations.

To enter France, they must present in particular:

a valid passport issued less than 10 years ago and valid for at least 3 months after the intended departure date
a valid visa, if required
proof of accommodation covering the entire stay
sufficient financial means (65€/day with hotel, 120€/day without, mixed if partial booking)
a return ticket or proof of sufficient funds
proof of insurance covering medical, hospital and repatriation costs

Additional documents are required for business travel.

Travelers in transit must also justify entry conditions.

DAMOISEL shall not be held liable for non-compliance.

A traveler unable to board due to missing documents shall not be entitled to any refund or compensation.

Visas are not included unless explicitly requested.

2. Health information

DAMOISEL informs the Client of French health and safety conditions.

DAMOISEL recommends consulting official government sources regularly.

VIII) MODIFICATIONS AND CANCELLATIONS

1. By the Client / Traveler

1.1 Principles

Once confirmed, services may be non-modifiable, non-cancellable, non-refundable.

This will be specified in the quotation.

Tickets are strictly non-refundable.

Name/date changes may be treated as cancellations.

Most changes require new tickets at full price.

Modifications:

<15 days: +20%
<7 days: +€150

1.2 No right of withdrawal

Cancellation fees:

60 days: 20%
60–30 days: 50%
<30 days: 100%

Also applies for non-payment.

Chauffeur services:

<15 days: 100%
15 days: 20%

No-show after 90 minutes = no refund.

Waiting times:

airport: 60 min
train: 30 min
port: 30 min
hotel: 15 min

1.3 Exceptional circumstances

Full refund without compensation.

1.4 Procedure

Requests must be sent by email. After 5pm GMT: phone confirmation required.

2. By DAMOISEL

DAMOISEL may modify services due to operational constraints.

Includes changes of:

drivers
vehicles
hotels
guides
venues

Client will be informed.

Delays may impact services.

Equivalent services or refunds provided where possible.

3. Specific outdoor / boat conditions

Weather alone does not justify cancellation.

Only guides/captains decide.

If they cancel → full refund.

If client refuses → 100% due.

4. Hotel cancellations

Hotel policies apply unless part of a package.

IX) ASSISTANCE TO TRAVELERS

DAMOISEL provides assistance in case of difficulty.

Costs may be charged if due to negligence.

X) ACCESSIBILITY

Some services are not accessible to persons with reduced mobility.

XI) DELIVERY OF TICKETS

Tickets may be delivered up to the day before.

No liability for loss or incorrect information.

XII) LIABILITY OF DAMOISEL

1. Obligations

DAMOISEL must perform services with due care.

Provide:

organization
assistance 24/7
adjustments

Provide alternatives in case of issues.

Client must report issues promptly.

2. Limitation of liability

DAMOISEL not liable for:

client fault
third parties
external events

Liability capped at 3x trip price (except serious damage).

Force majeure excludes liability.

3. Tickets & events

DAMOISEL acts as sourcing agent.

Prices depend on market.

Client accepts price differences vs face value.

Refund only if access denied without fault.

Event cancellation → organizer policy applies.

XIII) CLIENT LIABILITY

Client must:

transmit all information to Travelers
relay requests and claims
ensure compliance

Client is jointly liable for Traveler behavior.

XIV) TRAVELER LIABILITY

Traveler must:

comply with rules
behave appropriately

DAMOISEL may refuse service for:

intoxication
illegal behavior
dangerous conduct

No refund in such cases.

XV) INSURANCE / GUARANTEES

DAMOISEL has:

civil liability insurance
financial guarantee

Travel insurance is recommended but optional.

XVI) TRAVELER INSURANCE OBLIGATION

Client must ensure Travelers are insured.

DAMOISEL declines liability for uninsured risks.

XVII) DATA PROTECTION

1. Applicable law

GDPR + French Data Protection Act.

2. Roles

DAMOISEL = controller (Client data)
DAMOISEL = processor (Traveler data)

3. Processing

DAMOISEL processes:

identity
contact details
booking data

Client has rights (access, rectification, etc.).

DAMOISEL ensures:

confidentiality
security
subcontractor compliance

Data breaches must be notified.

Audits possible under strict conditions.

Data transfers comply with GDPR.

At end: data deleted or returned.

XVII) CLAIMS – APPLICABLE LAW – JURISDICTION

1. Claims

Must be submitted within 30 days.

No refund for unused services.

2. Applicable law

French law + EU Directive 2015/2302.

3. Jurisdiction

French courts have exclusive jurisdiction.