Terms and Conditions of Sale/Use
Article 1 – Definitions
In the following we will refer to:
– “Site” or “service”: the site https://www.parispredatorfishing.com?lang=en and all its pages.
– “Services”: all the services and accommodation that can be booked on the site.
– “Publisher” or “Owner”: The person, natural or legal, that owns the hosting and is responsible for site content and publishing.
– “User”: The web user who is visiting and using the site.
– “Customer”: The web user who is making a booking on the site.
Article 2 – Mentions required by the Law for Trust in the Digital Economy and the site’s purpose
The present site is published by Rikinvest SNC. The legal information about the site host and publisher, in particular the contact details and any information about capital and registration, are provided in the present site’s legal notice. Information about the collection and processing of personal data (policy and reporting) are provided in the site’s personal data charter. The site is freely accessible to any internet user, provides information about the services and allows users to book one or more accommodations. Reserving a service or browsing the site more generally requires that the internet user fully acknowledge and accept all the present terms and conditions. For example, internet users could accept these terms and conditions by ticking the box that corresponds to accepting the present terms and conditions, for example the statement “I acknowledge having read and accept all the site’s terms and conditions”. Ticking this box will be assumed to have the same value as a handwritten signature from the internet user. Accepting the present terms and conditions requires that users have the legal capacity needed to do so. If the user is a minor or does not have this legal capacity, they declare that they have permission from a guardian or legal representative. The Internet user recognises the value of the automatic recording systems of the present site’s editor as proof and, unless they can provide proof to the contrary, they waive the right to contest them in the event of a dispute.
Article 3 – Characteristics of the accommodation services offered
The services and accommodation offered are those that appear on the site’s pages. Accommodation is offered within the limit of places available. Each accommodation has a description on the site drafted by the owner. The photographs of the accommodation reflect a faithful image of the accommodation, but the photographs are not contractual insofar as they cannot ensure a perfect similarity with reality. The present site’s help desk can be reached by email at firstname.lastname@example.org or by post at the address provided in the legal notice, in which case the owner undertakes to provide a response within 7 days.
Article 4 – Rates
The prices for accommodation and services that appear on the site are given in Euros inclusive of applicable VAT as of the date of the order, excluding any tourist tax.
Rikinvest reserves the right to pass on any changes to VAT to the price of the accommodation. The owner also reserves the right to change its prices at any time. Nevertheless, the price that appears on the site on the day of order will be the sole price applied to the buyer.
Customers who are booking accommodation must pay a tourist tax set by the town council of the booked accommodation if they are not domiciled in that municipality and do not have a residence there for which they are liable for occupation tax. If this tourist tax is not explicitly added to the price of the accommodation and paid at the time of booking, it will be applied and requested on site at the end of the stay. In any case, if applicable it will be detailed on the invoice given to the customer.
Article 5 – Length of stay
In no circumstance may the customer signing the present contract for a definite period claim any right to remain in the premises at the end of their stay.
Article 6 – The publisher’s exemption of liability in connection with the execution of the present contract
If the site cannot be accessed due to technical or other problems, the user may not claim any damages or compensation. Unavailability of one or more services offered by the site, even prolonged unavailability without any time limit, may not constitute damages for internet users and in no case result in the payment of damages and interests from the site’s publisher. The photographs of accommodation and services presented on the site are not contractual. The publisher of the present site cannot be held liable if the characteristics of the accommodation differ from the visuals present on the site or are incorrect or incomplete. The hypertext links on the present site may lead to other websites, and the publisher of the present website cannot be held liable if the content of these sites breaches current law. Similarly, the publisher of the present site cannot be held liable if a user visits one of these sites and is subject to damages.
Article 7 – Intellectual property rights for elements published on the present site
All the elements on the present site belong to the publisher or third-party representative, or the publisher uses them on the site with the owner’s permission. Any copying of logos, text, images, videos or any other content is strictly prohibited and considered counterfeiting.
Article 8 – Trademarks
The trademarks and logos on the site are registered by Rikinvest or one of its partners. Anyone who represents, reproduces, embeds, distributes or rebroadcasts them is liable for the penalties stipulated in Articles L. 713-2 et seq. of the French Code of Intellectual Property.
Article 9 – Limitation of Responsibility
The site’s publisher is only liable for an obligation of means, in particular in the online booking process. It may not be held liable for damages that may result from using the internet such as a loss of data, an intrusion, a virus, a service interruption, etc. The site’s publisher, Rikinvest, may not be held liable if a contract is not fulfilled due to an event of force majeure. The user explicitly acknowledges that they are using the site at their own risk and responsibility. The site provides the user with information for reference only. There may be imperfections, errors, omissions, inaccuracies and ambiguities. In any case, Rikinvest cannot be held liable for:
– any direct or indirect damages, in particular loss of profits, lost revenue, lost customers, or lost data that may result from using the site or being unable to use it,
– any malfunction, unavailability, poor use, poor configuration of the user’s computer, or the user using a browser that is not widely used,
– the content of advertising and other links or outside sources that the user may access from the site.
Article 10 – Accessing the site
The site publisher cannot be held liable should the connection be technically unavailable, whether due to force majeure, maintenance, updates, website changes, webhost intervention, internal or external staff strike, network outage, power outage, or a poor configuration or use of the user’s computer.
Article 11 – Applicable law and mediation
The present terms and conditions are subject to French law. They may be changed at any time by the site publisher or its representative. The terms and conditions that apply to the user are those in force on the day of the user makes their booking or visits the present site. The publisher undertakes to keep all its former terms and conditions and to send them to any user who requests them. Except for measures of public order, any disputes that may arise from the application of these terms and conditions may be subject to the site publisher’s appreciation with a view to an amicable settlement before any legal action. Please remember that requests for amicable settlements do not suspend the statute of limitations for taking legal action. Except where there are other provisions for public order, any legal action relating to the execution of the present contract shall be subject to the jurisdiction of the Court of Appeal to which the matter is referred.
Consumer mediation: Article L. 612-1 of the French Consumer Code states that “all consumers have the right to freely refer to a consumer mediator with a view to amicably settling a dispute with a professional. To this end, the professional ensures that the consumer can effectively refer the matter to a consumer mediation service”. For individual customers whose disputes have not been amicably resolved, Rikinvest SNC proposes Mr Jean-Pierre Teyssier as mediator. He can be reached at the following:
– Website: http://www.mtv.travel/
Please note that mediation is not mandatory, but only proposed to resolve disputes without going to court.
Article 12 – Using Cookies
A “cookie” is used to identify the user of a site, customises how the site is shown and speeds up the site’s display by using a data file stored on the user’s computer. The site may use “cookies” mainly to:
1) obtain browsing statistics to improve the user experience, and 2) provide access to content that is not accessible without remembering the user’s actions (such as the booking process). The user acknowledges having been informed of this practice and authorises the site publisher to use them. The publisher undertakes to never divulge the content of these “cookies” to third parties, unless required by law. The User can refuse “cookies” or configure their browser to be warned before “cookies” are accepted. For this, the user can configure their browser:
– For Internet Explorer: https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d
– For Safari: https://support.apple.com/en-gb/HT201265
– For Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en&safe=on
– For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 13 – The booking process and concluding the booking contract
Below, we define “basket” as the intangible object that groups all the services the site user has selected with a view to making a booking. When the site user has selected and added all the services they wish to reserve to their basket, they can confirm their booking. They will then be redirected to a summary page where they can view and acknowledge the number and characteristics of the nights they are reserving as well as their unit price. If the user wishes to confirm their order, they will need to tick the box agreeing to the present terms and conditions and click on the confirmation button. The user will then be directed to a page where they will need to fill in the booking form. Here, they will need to enter a certain number of personal details about themselves to ensure that the booking functions properly. The user will then be able to confirm their booking on the site, and the user will be provided with payment instructions to conclude this booking using the payment methods listed in the section of the terms and conditions on payments. The internet user is invited to pay for the total amount of the services booked. Once this payment is received, the booking becomes binding, and the present contract is concluded. With this payment, the customer confirms their full and total agreement with the present terms and conditions. Please remember that if the payment is not made within the allotted time, the booking is not confirmed, and the owner reserves the right to “recover” the services requested. Once the user’s booking is effective, they will receive an email or letter confirming their booking, including details and the price of the content of the booking and the services requested. The customer must pay the owner for any additional services and consumption not mentioned in the present contract by the end of their stay, at the latest.
Article 14 – Information about payment for the booking
The user can place an order on the present site and make their payment, during booking or before their arrival at the accommodation site, by bank card, PayPal, wire transfer, or ANCV holiday vouchers. Bank card payments made on the site are secure transactions provided by an online payment platform provider. The present site has no access to any data about the user’s means of payment. The payment transaction is carried out directly by the bank or the payment provider that receives the customer’s payment. Payment with holiday vouchers cannot exceed 50% of the total amount of the service and cannot be refunded in any way.
Article 15 – Conditions for cancelling the booking
Cancellation by the customer: The owner must be notified as soon as possible of any cancellation by email or through the dedicated option in the customer account. In accordance with Article L. 221-28 of the French Consumer Code, the booking of accommodation services is excluded from the right of withdrawal for contracts concluded remotely. Therefore, the 14-day legal time for withdrawal (Article L. 221-18 of the French Consumer Code) does not apply. However, the owner offers refunds in case of cancellation or non-arrival according to the following terms:
Total refund if the cancellation occurs at least one month before the start of stay Total refund if the cancellation occurs at least one month before the start of stay. Refund of 50% of the amount paid if the cancellation occurs between one month and fifteen days before the start of stay
No refund if cancelled within less than 15 days before the start of the stay, the service, or in case of non-arrival.
If the stay or service is cut short, the owner retains the full price of the stay or service booked.
Cancellation by the owner: if the owner wishes to cancel the booking before the stay begins, the customer will be notified as soon as possible by email, letter, fax or telephone. The customer, without prejudice to any claims for damages, will be immediately reimbursed for all sums relating to this booking paid either during or after booking (any deposits, advances, etc.).
Article 16 – Conditions of stay, rules of behaviour and respect for the premises
The arrival and departure times are shown on the site, and the customer must respect them. The customer must arrive on the day mentioned on their booking confirmation. If they are arriving late or on a different day, the customer must notify the owner. Using the accommodation: The customer must respect the peace of the facilities (accommodation and environment) and use them in the way they were intended. They undertake to leave the accommodation premises in good condition. Capacity: the accommodation offers presented on the site are given for a specific number or maximum number of people. If the number of customers exceeds the number shown in the accommodation description or in the order confirmation, the owner may refuse the additional customers or request additional payment. In no case may such a refusal be considered as a modification or breach of contract on the owner’s initiative, such that if a greater number of customers leave than those that were refused, no refund will be considered. Pets: Unless otherwise stated in the accommodation descriptions, animals are not accepted in the accommodations, and the owners will not allow them to stay. If the owner refuses to accept certain animals on the accommodation premises, such a refusal cannot be considered as a modification or breach of contract on the owner’s initiative, such that if the customer leaves, no refund will be considered.
Article 17 – Archival
Rikinvest archives order slips and invoices on a reliable, durable medium that serves as an accurate copy. The parties will consider computerised registers as proof of communication, orders, payments and transactions that take place between the parties.
Article 18 – Framework of conditions
If a provision of the terms and conditions is judged to be illegal, null or inapplicable for any other reason, then that provision will be considered as severable from the conditions and will not affect the validity and applicability of the remaining provisions. The present conditions describe the entirety of the agreement between the user and the website. They replace any previous or contemporaneous agreements, whether written or verbal. The terms and conditions cannot be ceded, transferred or sub-licenced by the user themselves.
Article 19 – Notifications
Any notification or notice concerning these terms and conditions, the legal notice, or the personal data charter must be made in writing and delivered by hand, by registered or certified post by La Poste or any other courier service recognised at the national level that allows its fees to be tracked regularly, or by email at the addresses specified in the site’s legal notice, with your first and last names, your contact details and the subject of the notice.
Article 20 – Claims
Any claim related to using the website, the service, or any other related service, any of the website’s pages on social networks, or the terms and conditions, legal notice or personal data charter must be made within the 365 days after the day the problem that led to the claim occurred, regardless of any law or legal rule to the contrary. If any such claim has not been made within the 365 days that followed, the claim will never be applicable in court.
Article 21 – Inaccuracies
It is possible that a limited number of inaccuracies, errors or information that contradicts the terms and conditions, legal notice or personal data charter may be found on the website and proposed services. Furthermore, it is possible that unauthorised changes may be made by third parties on the site or on related services (social networks, for example). We do everything we can to correct these kinds of discrepancies. Should something escape our attention, please contact us by post or email at the addresses indicated in the site’s legal notice, if possible, with a description of the error and its location (URL) and enough information so that we can contact you. For copyright requests, please refer to the section on intellectual property.