Article 1 – Designation of seller
The agency Grenoble Alpes Public establishment in Industrial and Commercial Character (E.P.I.C) whose registered office is 14 rue de la République in Grenoble (38000),
Registered in the Commercial Register under the number Siret 414 835 397 00012 - Intra-Community VAT No : FR83 414 835 397 / NAF code : 7990Z
Registered in the register of travel agents and other operators of the sale of travel and stays with Atout France, 200/216 rue Raymond Losserand - CS 60043 - 75680 Paris Cedex 14, under No IM038120002.
Contract holder No. 80313504 subscribed to the company AXA Assurance – Aux Charmanches -
The Touvet (38660) covers professional civil liability.
Holder of a financial guarantee issued by the Association Professionnel de Solidarité du Tourisme (APST), 15 avenue Carnot, 75017 Paris.
Tel: 04 76 42 96 01; e-mail: commercial@agence-genroblealpes.com
; website : www.grenoble-tourism.com
Hereinafter referred to as ‘the Grenoble Alpes agency'
Article 2 – Scope, definitions and organisation of GTCs
These General Conditions of Sale (GTC) apply, on the one hand, to tourist services marketed by the Grenoble Alpes agency and specially organised at the request of groups of persons, including guided tours, entrances to tourist sites and tourist stays, and, on the other hand, to sales of shop products concluded with professional Customers under the conditions of Part II. They do not apply to products intended for individuals, which are governed by the individual Products GTC. The sale of tourist services is governed by Title I of Book II of the Tourism Code, where applicable; The sale of shop products between professionals is governed in particular by the Commercial Code and the Civil Code.
These General Terms and Conditions also apply to G-PASS Business when purchased by a professional Customer, either individually for the purpose of his/her professional stay, or in quantities to be allocated to employees, guests, delegations, delegates or participants.
For the purposes of these Terms and Conditions, "Professional Client" means any natural or legal person, public or private, acting for purposes falling within the scope of his or her professional or institutional activity, including an undertaking, a community, an association, a social and economic committee or a reseller.
For the purposes of these GTCs, the "Beneficiary" means the natural person to whom a G-PASS Business is assigned and who is authorized to use it.
Where the rules on the sale of travel and stays are applicable, the pre-contractual and contractual information required by Articles R. 211-3 to R. 211-11 of the Tourism Code shall be communicated to the Customer by appropriate documents.
For ease of reading, these GTCs are organized in three parts: Part I applies to group tourism services (guided tours, entrances to tourist sites and stays); Part II applies to sales of shop products concluded with professional Customers; Part III contains provisions common to these two categories.
In Part II, articles 15 to 24 are devoted to boutique products and article 24 bis to G-PASS Business. Articles 16, 18 and 19 shall also apply to G-PASS Business, subject to the special conditions laid down in Article 24a.
PART II – SALE OF PROFESSIONAL PRODUCTS (BtoB) – G-PASS BUSINESS
Article 14 – Scope of BtoB Shop and G-pass Business Sales
The provisions of this Part II shall apply exclusively to sales of products of the shop concluded with a professional Customer acting for the purposes of its business, and to sales of G-PASS Business concluded with a professional Customer under the conditions of Article 24a. They do not apply to purchases made by a consumer, which fall within the scope of individual products. For these sales, Part II prevails over any incompatible provision on tourist services.
Articles 15, 17 and 20 to 24 apply exclusively to the shop's material products and do not apply to G-PASS Business. Articles 16, 18 and 19 shall apply to both categories of products, subject to the special conditions laid down in Article 24a.
SUBPART A – BOUTICAL PRODUCTS SALES
Article 15 – Pre-contractual products and information
The essential characteristics of the products, quantities, customization options, prices and, where appropriate, the estimated deadlines are indicated on the quotation, catalogue, commercial offer or purchase order. Photographs and visuals are not contractual; slight variations in colour, material or presentation may exist without affecting the essential characteristics of the product.
Article 16 – Ordering and formation of the contract
The order consists of the written acceptance of the quotation, the issue of a purchase order accepted by the Grenoble Alpes agency or any other written agreement specifying the products, quantities, prices and terms of delivery or withdrawal. It becomes firm after written confirmation of the Grenoble Alpes agency and, when the estimate so provides, after payment of the deposit or payment requested. Any subsequent modification or cancellation is subject to the written agreement of the Grenoble Alpes agency. A custom or specially supplied order can no longer be cancelled after its manufacture or supply is launched.
Article 17 – Availability of products
Offers are valid within the limits of available stocks and supply possibilities. In case of total or partial unavailability after confirmation, the Grenoble Alpes agency informs the Professional Customer and can offer a product of equivalent characteristics and value. In the absence of agreement, the line not available shall be cancelled and any corresponding payments made shall be reimbursed.
Article 18 – Prices, taxes and fees
Prices are expressed in euros, excluding taxes or any taxes included as indicated in the quotation or purchase order. Value added tax shall be applied at the rate in force. The costs of customisation, packaging, transport, delivery or other ancillary costs are charged in addition when mentioned in the offer. Prices are valid for the duration indicated in the estimate.
Article 19 – Invoicing, payment and delay
The terms and conditions of payment are those indicated in the estimate and on the invoice. In the absence of a specific provision, invoices are payable upon receipt. No discount shall be granted for advance payment unless otherwise stated on the invoice. Any invoice, which will not be paid before the payment deadline, will be forwarded by the Régie to the Treasury for recovery.
Any amount not settled on the due date shall, from the following day and without prior reminder, carry late payment penalties calculated at the rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, without being able to be less than three times the legal interest rate. Any professional customer who is late for payment is also automatically liable for a lump sum payment of 40 euros for recovery costs. Where the costs incurred are higher, additional compensation may be claimed on justification. The Grenoble Alpes agency may also suspend orders or deliveries in progress until full payment of the sums due.
Article 20 – Delivery and withdrawal
The method, place and time of delivery or withdrawal are specified in the quotation or order form. Unless expressly committed on a firm date, the deadlines are indicative. The Professional Customer undertakes to provide accurate information about the place of delivery and to allow access to the carrier. When the Customer chooses a carrier that has not been proposed by the Grenoble Alpes agency, the risks are transferred when the products are handed over to that carrier; in other cases, they are transferred when the products are physically delivered to the Customer, his representative or when they are withdrawn.
Article 21 – Receipt and claims
The Professional Customer must verify, upon receipt, the number, condition and apparent conformity of the products. Any reservation must be accurate and marked on the delivery note. In case of damage or partial loss attributable to the transport, the Customer must notify the carrier of a reasoned protest within three days, not including holidays, following receipt, in accordance with article L. 133-3 of the Commercial Code, and simultaneously inform the agency Grenoble Alpes. Any other apparent non-compliance must be reported in writing within five working days, with the order references and any relevant supporting documentation. These deadlines are without prejudice to rights relating to hidden defects.
Article 22 – Returns and absence of right of withdrawal
No return can be made without the prior written agreement of the Grenoble Alpes agency. The Professional Customer does not enjoy a right of withdrawal, unless the legal requirement is otherwise satisfied. Personalised products, marked, manufactured or supplied specially, shall not be taken over or exchanged, unless there is a defect or non-compliance attributable to the Grenoble Alpes agency. Any authorised return must cover an unused, complete product and its original packaging; its costs are borne by the Customer unless there is an error or non-compliance attributable to the Grenoble Alpes agency.
Article 23 – Guarantees
The products benefit from the applicable legal guarantees, including the guarantee of hidden defects provided for in articles 1641 et seq. of the Civil Code. In the event of non-compliance or of an established defect, the Grenoble Alpes agency shall, depending on the nature of the product and the possibilities available, carry out its replacement, repair, issue of an asset or refund. The guarantee does not cover damage resulting from improper storage, abnormal use, product modification, accident or normal wear and tear.
Article 24 – Reservation of title
The Grenoble Alpes agency retains ownership of the products sold until full and effective payment of their price, in principal and accessories. However, the transfer of risks takes place under Article 20. Until full payment is made, the Professional Customer must keep the products in such a way as to enable their identification and take all measures necessary for their protection. In case of default of payment, the Grenoble Alpes agency may request their refund, at the Customer's expense, without prejudice to any other action.
SUBPART B – G-PASS BUSINESS
Article 24a – Specific conditions for G-PASS Business
Article 24a.1 – Subject matter and persons concerned
The G-PASS Business is a 100% dematerialised pass offered by the Grenoble Alpes agency to people who are in business in the territory. It may be purchased directly by a professional Customer for its own use or ordered in quantities by an agency, a company, an association, a community, a social and economic committee, an event organizer or any other organization to be allocated to Beneficiaries.
When ordering several G-PASS Business, the Professional Customer remains the contractual contact of the Grenoble Alpes agency. He is responsible for the payment, transmission of the information necessary for the allocation of the Passes and communication to the Beneficiaries of these conditions and instructions for use.
Article 24a.2 – Content of the offer and information
According to the formula ordered, the G-PASS Business includes access to public transport during its validity period and a set of free services, discounts or benefits from partner sites and services. The formula, the duration, the price, the offers included, the booking conditions and any supplements applicable are those shown on the quotation, the order form, the confirmation, the website business.grenoblealpespass.com on the day of the order as well as the application G-PASS Business.
The services of the partners shall remain subject to their opening days and hours, their reception capacity, their access conditions and, where required, prior booking. The G-PASS Business does not constitute a skip-the-line ticket and does not guarantee access to a full service, animation or temporary exhibition, unless expressly stated in the offer.
Article 24 bis.3 – Order, award and issue
The order shall be made in accordance with Article 16. The Professional Customer shall communicate, in accordance with the procedures and within the time limits specified by the Grenoble Alpes agency, the number of Passes, the chosen formula and the data necessary for their allocation. It guarantees the accuracy of the information transmitted.
The G-PASS Business is issued as a QR Code and can be associated with the dedicated mobile app. Once assigned to a Beneficiary, it is personal, nominative and not transferable. It cannot be sold, shared, reproduced or used by a third party. The Grenoble Alpes agency or a partner may ask the Beneficiary to justify its identity.
Article 24 bis.4 – Activation and period of validity
The period of validity of the G-PASS Business begins when it is first used with a partner or in public transport. It runs for the consecutive duration of the chosen formula, in particular 48, 72 or 96 hours (or specific duration previously granted by the Grenoble Alpes agency), as shown on the quotation, the order form or the confirmation.
The Pass must be activated before the deadline indicated when ordering. Once activated, its duration cannot be suspended, interrupted or extended. Unless otherwise specified in the offer concerned, each free, reduction or benefit may be used only once by the Beneficiary during the validity of the G-PASS Business.
Article 24a.5 – Use and evolution of partner offers
The Beneficiary must present and have its G-PASS Business validated in accordance with the terms specified in the application, on the site or by the partner concerned. It is up to him to check, prior to his trip, the timetables, the conditions of access, any booking obligations and the availability of the service.
The list and conditions of partner offers may change, in particular in the event of closure, changes in schedules, unavailability or termination of partnership. The Grenoble Alpes agency shall update the information brought to its knowledge and may, where possible, propose an alternative offer. An isolated amendment shall not be subject to reimbursement unless it constitutes a substantial non-performance or non-compliance attributable to the Grenoble Alpes agency.
Article 24a.6 – Modification, cancellation and non-use
After confirmation, the order is closed under the conditions of Article 16. G-PASS Business already issued, allocated or activated shall be non-modifiable, non-cancellable and non-refundable, unless the agency Grenoble Alpes agrees in writing, and the non-compliance established or non-compliance attributable to it. The Professional Customer shall not enjoy any right of withdrawal, unless otherwise required by law.
The non-use, partial use or expiration of a G-PASS Business shall not entitle to any reimbursement, benefit, extension or compensation. Duties not consumed at the end of the period of validity shall be permanently lost.
Article 24a.7 – Malfunction, loss, theft or misuse
In the event of a technical malfunction preventing the use of G-PASS Business, the Professional Customer or Beneficiary must contact the Grenoble Alpes agency as soon as possible at pass@agence-grenoblealpes.com indicating the Pass number and any relevant supporting information. After verification, the Agency may restore the rights still available, transfer them to a new medium or propose any other appropriate solution.
The Grenoble Alpes agency cannot be held responsible for any impossibility of use resulting in particular from incompatible or unloaded equipment, a lack of connection necessary for the download, incorrect information communicated by the Customer, a delay by the Beneficiary, sharing the QR Code or misuse. The loss, theft, disclosure or non-use of the Pass is not reimbursed. Any suspicion of fraudulent use must be reported without delay so that blocking is carried out when technically possible.
Article 24a.8 – Identity of seller and technical provider
When sold directly by Grenoble Alpes, it is the contract seller and issuer of G-PASS Business. The company OTIPASS provides, hosts and maintains the technical solution for its control, delivery, activation and control; it acts as a technical provider of the Grenoble Alpes agency and is not a party to the sales contract with the Professional Customer.
When the G-PASS Business is purchased from an authorized dealer, the seller's identity, the applicable terms and conditions of sale and the terms and conditions of payment shall be communicated to the Customer prior to the validation of the order and shall appear on the proof of purchase.
PART III – COMMON PROVISIONS FOR TOURIST BENEFITS AND BTOB BOUTICAL SALES – G-PASS BUSINESS
Article 25 – Acceptance, third-party effectiveness and communication of GTCs
The order of guided tours, stays or products in BtoB or G-PASS Business implies the full acceptance of the provisions of these terms of sale.
The Professional Customer who assigns G-PASS Business to Beneficiaries undertakes to communicate to them the applicable conditions of use and the information necessary for the use of the Pass.
These Terms and Conditions are freely available on grenoble-tourisme.com and may be requested in writing. They are annexed or made available with the specifications and order documents to which they apply.
When organizing a service for a group, the Customer is required to communicate these Terms and Conditions to the participants to the extent necessary for their information.
Article 26 – Protection of personal data
As part of its activity to market group tourism services and boutique products and G-PASS Business to professional customers, the Grenoble Alpes agency implements and operates personal data processing relating to Customers, their representatives, participants and, where appropriate, to the recipients of the orders.
As such, the Grenoble Alpes agency collects the following personal data: first name, last name, civility, postal address, e-mail address, telephone numbers, social name, trade name, Siret number, billing address.
The collection of this personal data is indispensable for the performance of the contract and in case of refusal to communicate it, the Customer exposes himself to difficulties in the performance of the service which will in no case entail the responsibility of the agency Grenoble Alpes.
These personal data are collected for the sole purpose of managing Customers by the Grenoble Alpes agency, in its capacity as seller, as part of the conclusion of the contract and its execution, on the basis of the Customer's consent.
These data are used only for the purposes to which the Customer has consented.
Specifically, the objectives are:
Identification of persons using and/or reserving benefits;
Formalization of the contractual relationship;
Implementation of the services reserved with the Grenoble Alpes agency;
Contract management and reservation;
Communication to partners and guides for delivery by relevant partners;
Accounting including account receivable management and customer relationship monitoring;
Processing of client management operations;
Prospecting and/or sending information, promotions to Customers
Development of trade statistics
Development of customer knowledge
Sending the newsletter of the Grenoble Alpes agency.
The persons authorised to access the data collected within the Grenoble Alpes agency are the following: the employees of the Grenoble Alpes agency and its partners involved in the services requested by the Customer, and where appropriate, the subcontractors of the Grenoble Alpes agency involved in the implementation and/or administration of the services and being required to intervene in this capacity on the salaries, being specified that in such case, whether they are partners or subcontractors, this is carried out in compliance with the rules in force.
The personal data collected shall be kept for the legal retention period relating to the purpose of the processing and at most for 5 years.
Personal data relating to the Customer's credit card shall be kept exclusively within the time required to complete the transaction.
Personal data relating to a prospect which would not enter into a reservation contract with the Grenoble Alpes agency shall be kept for a period of 6 months from the date of their collection.
The personal data necessary for the dispatch of the newsletter are kept at all times when the Customer does not withdraw.
The Grenoble Alpes agency implements organisational, technical, software and physical measures in the area of digital security to protect personal data against unauthorized alterations, destruction and access.
However, it should be noted that the Internet is not a completely secure environment and the Grenoble Alpes agency cannot guarantee the security of the transmission or storage of information on the Internet.
The Grenoble Alpes agency has formalized the rights and obligations of Clients and participants with regard to the processing of their personal data in a document called Privacy Policy or GDPR, accessible at the following address: https://www.grenoble-tourism.com/en/mentions-legales/politique-de-confidentialite/ and upon request from Grenoble Alpes.
In accordance with the applicable rules on personal data, each Customer has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his personal data. It is possible to request that such data be rectified, supplemented, clarified, updated or deleted.
This right can be exercised by sending a signed letter to the Data Protection Officer, Mrs Marion Perrier, to the following email address: dpo@agence-genroblealpes.com .
At any time, the Customer may lodge a complaint with the CNIL in accordance with the procedures indicated on his website (https://www.cnil/en).
The Grenoble Alpes agency reserves the right to make any amendments to this personal data protection clause at any time.
If a change is made to this personal data protection clause, the Grenoble Alpes agency undertakes to publish the new version on its website, and will also inform users of the change by e-mail, within a minimum period of 15 days before the effective date.
Article 27 – Claims, consumer mediation and litigation
Any claim relating to a service or sale must be addressed to the Grenoble Alpes agency in writing as soon as possible and, where it concerns a completed service, preferably within seven (7) days of its end, to the following address: 14 rue de la République, 38000 Grenoble, or to the e-mail address indicated on the estimate or invoice.
If the Customer considers that the answer provided by the Grenoble Alpes agency is not sufficient, he may refer the matter to the Association de médiation tourisme et voyage, Association registered in the SIREN Register under number 751 461 328 whose registered office is located 15, Avenue Carnot 75017 PARIS. Contact details: MTV Médiation Tourisme Voyage, BP 80 303, 75 823 Paris Cedex 17. Website : www.mtv.travel/
The recourse to the Tourism and Travel Ombudsman is reserved for Customers who are consumers. It shall not apply to Part II Professional Customers.
Any dispute concerning the application, validity, interpretation, performance, consequences and consequences of these Terms and Conditions which would not have been resolved by mutual agreement or mediation shall be submitted to the competent courts under the conditions of ordinary law.
Article 28 – Force majeure or exceptional and unavoidable circumstances
Any event that creates a situation beyond the control of the parties and whose consequences could not have been avoided even if all the measures had been taken, thus preventing the performance of their obligations under normal conditions, shall be considered as a cause of exemption from the obligations of the parties and shall entail their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence and of their disappearance.
The parties will come closer to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued or terminated.