SPL Golfe de Saint-Tropez Développement

• Head office: 2 rue Blaise Pascal – Hôtel Communautaire – 83310 Cogolin

• Société Publique Locale, registered with Atout France under no. IM083110008 – SHARE CAPITAL: €122,512
• Siret : 389 339 581 000 16
• Code APE 9499 Z
• Intracommunity VAT: FR 45 389 339 581
• Financial Guarantee: APST – 15 avenue Carnot 75017 Paris Cedex France
• Insurance: AXA France IARD – 313 Terrasses de l’Arche – 9272276 Nanterre Cedex – France

Hereinafter referred to as “SPL GSTD”.

ARTICLE 1 – SCOPE OF APPLICATION

As a local tourism organization, SPL GSTD may engage in and assist with the operations mentioned in article L 211-1, I of the French Tourism Code, in the general interest, provided that these operations facilitate the reception or improve the conditions of stay of tourists in the geographical area in which it operates.

SPL GSTD markets a comprehensive range of services for individuals and groups: leisure activities, catering, accommodation, etc. provided by partner service providers, with the aim of supporting the local economy.

These terms and conditions are valid from January 1, 2025 and are applicable unless otherwise agreed.

The purpose of these terms and conditions is to define the rights and obligations of the parties in the context of SPL GSTD’s marketing of these services through its group service, to persons who are consumers or non-professionals within the meaning of the French Consumer Code and who have the legal capacity to contract, hereinafter referred to as “the Customer(s)”.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable through distribution and marketing channels other than those defined in the preceding article.

These general terms and conditions of sale are intended to apply to the travel service and tourist package. SPL GSTD is fully responsible for the travel services and tourist packages developed and sold or offered for sale.

These general terms and conditions also apply in the case of tied travel services as defined in article L. 211-2 III of the French Tourism Code, however without ever engaging the full liability of SPL GSTD: in the context of a tied travel service, the customer does not benefit from any of the rights applicable to the package resulting from Directive 2015/2302 on package travel and related travel services, each service provider being responsible for the proper contractual execution of its service.

These terms and conditions do not apply to the provision of services directly booked by the customer with the various service providers listed in the brochures or on the SPL GSTD website.

ARTICLE 2 – PRE-CONTRACTUAL INFORMATION

Prior to placing an order and entering into a contract, the customer acknowledges having been informed, in a legible and comprehensible manner, of the present terms and conditions of sale and of all the information listed in article L. 111-1 of the French Consumer Code and article R 211-4 of the French Tourism Code.

By signing the service or sales contract, the Customer acknowledges having been provided with the standard form relating to the service concerned pursuant to the decree of March 1, 2018 “fixing the model information form for the sale of travel and holidays” duly reproduced in article 13 hereof.

ARTICLE 3 – ENTIRE CONTRACT

These general terms and conditions, the organizer’s program and the voucher express the entirety of the parties’ obligations and govern their relationship exclusively. By signing the sales contract, the Customer is deemed to accept them without reservation.

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

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

ARTICLE 4 – CONTRACT FORMATION

Any order for one or more of the services offered by SPL GSTD implies the customer’s unreserved acceptance of these general terms and conditions of sale, which can be viewed and consulted in the appendix when the sales contract is sent to the customer.

The sales contract becomes firm and definitive once it has been signed, with payment of a deposit within 8 working days, equal to 50% of the total price of the services ordered (or purchase order for local authorities).

ARTICLE 5 – DELIVERY OF CONTRACT AND TRAVEL DOCUMENTS

SPL GSTD provides the Customer with a copy of the sales contract on a durable medium by electronic means, or on paper by post if electronic means are not possible. The Customer is entitled to request a paper copy if the contract was concluded in the simultaneous physical presence of the parties.

When the sales contract is concluded at a distance, a copy of the contract is supplied to the customer on a durable medium by electronic means or, at the customer’s request, on paper by post.

The sales contract must be signed by both parties.

All documents relating to the Customer’s order or purchase are delivered on a durable medium, either electronically (via e-mail) or on paper by post (if electronic delivery is not possible).

The exchange voucher issued by SPL GSTD serves as confirmation. The customer must therefore print it out and keep it. It will be requested on arrival at the place of stay or where the service is to be provided (or in digital format if the service provider has agreed to this). If, five days before departure, the Customer has not received his travel documents, it is his responsibility to inform SPL GSTD so that it can return them to him in good time.

These documents must correspond to the services mentioned and paid for in the sales contract.

ARTICLE 6 – PROOF OF TRANSACTION

Computerized registers, kept in SPL GSTD’s computer systems under reasonable security conditions, will be considered as proof of communications, reservations and payments between the parties. Bookings and invoices are archived on a reliable and durable medium that can be produced as proof.

ARTICLE 7 – PRIZES AND FREEBIES

Prices are given in euros, all taxes included. Additional local taxes payable on site may be imposed by local authorities (tourist tax, tourist tax) and are payable by the customer, in addition to the price indicated on the exchange voucher.

Price revision: the price of the service may be modified after the seller has signed the sales contract for the following reasons:

• change in the price of passenger transportation due to a change in the cost of fuel or any other energy source required for transportation,
• modification of taxes or fees imposed by a third party to the contract (tourist tax, landing tax, airport tax, VAT, environmental tax, etc.)
• changes in exchange rates related to the contract, where applicable.

Any modification will be spontaneously justified to the customer and the customer will be informed at least 20 days before the start of the service. Prices are quoted for the number of people indicated at the time of booking.

Any change in the number of people indicated after booking is subject to the prior agreement of SPL GSTD. In the event of a downward change in the number of people, no price reduction will be made unless expressly agreed in writing by SPL GSTD.

Group customers

Group prices are granted for a minimum of ten paying guests (this minimum number may vary depending on the establishment and the service provider; in this case, SPL will inform the customer of these special conditions). Prices are no longer guaranteed for lower numbers.

SPL GSTD applies the policy of free admission for a companion, which is specific to each establishment offered. This policy is specified in the quotation sent to the customer. It differs from one service provider to another.

Excursion packages sold by SPL GSTD

Group prices are granted for a minimum of ten paying guests (unless otherwise agreed or fixed price). They are no longer guaranteed for a lower number.

One (1) accompanying person per twenty (20) paying customers is free of charge (unless otherwise specified by the service provider to SPL GSTD).

ARTICLE 8 – PAYMENT TERMS

It is reminded that the specific regulatory provisions concerning fixed-price products sold by travel operators authorize SPL GSTD not to show the amount of VAT in its invoicing to the customer, concerning the purchase of services included in the package.

For bookings of “activities, services and daily tourist packages”:

Reservations become effective on receipt of the reservation contract signed by the customer, and on receipt of the deposit or purchase order (in the case of local authorities that only incur expenses after the service has been used). The estimated number of participants (+/- 3 people) must be confirmed by the Customer no later than 60 working days before arrival, failing which the services will be returned to their supplier. The final number of participants must be sent to us no later than 30 working days before arrival.
Translated with www.DeepL.com/Translator (free version)

A deposit of 50% or an order form will be requested at the time of booking. The latter must be made within a maximum of 8 working days after receipt of the reservation contract. After this time, the reservation will be considered null and void.

Final payment by the customer is due 30 days before arrival. In the case of a purchase order issued by a local public authority, invoicing may be subject to a slightly deferred payment, subject to special arrangements and the formal agreement of SPL GSTD.

For “activity or service” product reservations:

Reservations become effective on receipt of the booking contract signed by the customer, and on receipt of the deposit. The estimated number of participants (+/- 3 people) must be confirmed by the Customer no later than 30 working days before arrival, failing which the services will be returned to their supplier.

A 50% deposit is required on booking. This must be paid within a maximum of 8 working days of receipt of the booking contract, after which time the booking will be considered null and void.

Invoicing for services will take place 30 days before the start of the stay, and will be based on the number of people announced and mentioned on the voucher.

Customers who have not paid the full price of the tourist service no later than 30 days before the start of the tourist service may be considered to have cancelled their reservation and may be subject to cancellation charges as indicated in the MODIFICATION / CANCELLATION article below.

Payment for services ordered may be made by bank transfer, by credit card (Carte Bleue nationale, Visa, MasterCard) by telephone to SPL GSTD or by cheque made payable to “SPL Golfe de Saint-Tropez Développement”. The reservation period must be consistent with the payment method used.

ARTICLE 9 – PERFORMANCE OF THE SERVICE

The service will be performed at the place, date and time indicated on the exchange order, with no possibility of renewal or tacit extension. The Customer may not, under any circumstances, claim any right to remain in the premises once the service has been completed. For certain services to be carried out correctly, the Customer must arrive on the specified day at the times indicated (or contact the service provider directly).

The times indicated must be respected in order to guarantee the smooth running of the service. In the event of late arrival, and if the customer does not indicate his or her arrival time, the reservation is guaranteed at the discretion of the service provider. If the supplier is obliged not to wait for late customers, the customer may be offered a postponement of the activity.

If no alternative date can be found, the customer is solely responsible for the delay and will be charged a penalty of 100% of the cost of the service.

Certain activities offered by service providers may be cancelled, notably for climatic reasons, in cases of force majeure, out of season, or when the required number of participants is not reached. Cancellation of any activity for reasons of force majeure or due to the behavior of a third party to the contract shall not, in any event, result in SPL GSTD paying any compensation to the customer.

Should SPL GSDT fail to meet its performance obligation on the date or at the end of the period provided for above, or, failing this, no later than 30 days after the conclusion of the contract, the Customer may cancel the contract, under the conditions of articles L. 216-2, L. 216-3 and L. 216-4 of the French Consumer Code.

By registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined the professional to provide the service within a reasonable additional period, the latter has not complied within this period.

The contract is considered terminated on receipt by the professional of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

Nevertheless, the Customer may immediately terminate the contract if the Professional refuses to provide the service, or if he fails to fulfil his obligation to provide the service by the agreed date, if this date or deadline constitutes an essential condition of the contract for the Customer.

This essential condition results from the circumstances surrounding the conclusion of the contract, or from an express request made by the consumer prior to the conclusion of the contract.

ARTICLE 10 – ASSIGNMENT OF THE CONTRACT BY THE CUSTOMER

The customer may assign his contract to an assignee who fulfils the same conditions as he does for performing the service. In this case, the customer must inform SPL GSTD of his decision by registered letter with acknowledgement of receipt, no later than seven days before the start of the service. The contract must be assigned at cost price. The assignor and the assignee are jointly and severally liable to the seller for payment of the balance of the price, as well as any additional costs incurred as a result of the assignment.

ARTICLE 11 – MODIFICATION / CANCELLATION

Customer-initiated

All modifications and cancellations on the part of the Customer must systematically be made to SPL Golfe de Saint-Tropez Développement by e-mail: groupe@visitgolfe.com

In this respect, the Customer must immediately contact SPL GSTD by telephone and confirm the cancellation by e-mail. This cancellation must then be formalized by registered letter with acknowledgement of receipt. The date used to define the cancellation deadlines giving rise to the charges defined below will be that of the date of the initial cancellation e-mail. Only the main subscriber defined on the quotation is authorized to modify or cancel the reservation contract.

Cancellations sent directly to tour operators or guides will not be considered valid and will remain payable in full.

All orders validated by a purchase order (particularly in the case of local authorities) are binding on the customer. There is no down payment in this case, but in the event of total cancellation by the customer, the cancellation fees indicated below apply.

In the event of total or partial cancellation by the Customer, SPL GSTD will automatically apply cancellation charges to the Customer under the conditions set out below, unless otherwise agreed between the parties:

Compensation for changes or cancellations, general rule

For any modification or cancellation of any kind before the departure date, a cancellation fee will be charged based on the total amount of the services ordered, according to the following scale, depending on the date of cancellation.

For all types of group stays or residential seminars, in the event of cancellation by the customer :

• between the date of signing the contract and 91 days before the start of the service, 50% of the total cost of the service will be retained.
• between 90 days of the signature of the contract and 31 days of the date of commencement of services, 90% of the contract amount will be retained.
• between 30 days of the signature of the contract and the date of the service itself, 100% of the contract amount will be retained.

In the event of delay or no-show by the Customer, no refund will be made.

In the event of interruption of the tourist service by the customer before the scheduled date for any reason whatsoever (including strike, medical repatriation, etc.), no refund will be made by the vendor.

In the event of non-use of services ordered without prior cancellation, no refund will be made.

It is understood that the penalties thus retained will be paid back to the respective service providers.

In the event of partial cancellation (increase or decrease in the number of people), the allocation of any free tickets may be modified.

Any service not included in the package must be paid for on site by the Customer. The Customer may not, without the prior agreement of SPL GSTD, modify the course of his stay. The cost of any modifications not accepted remains entirely at the Customer’s expense. In the event of non-use, vouchers will not be reimbursed.

Modification by SPL GSTD

If SPL GSTD finds itself obliged to make a change to one of the essential elements of the reservation contract before the scheduled start of the service, the Customer may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by SPL GSTD by any means :

• or accept the modification or substitution of services proposed by SPL GSTD, a new contract specifying the modifications made being then signed by the parties. If the substitute service is less expensive than the service ordered, the overpayment will be returned to the Customer after the service has been provided.
• cancel the contract and obtain immediate reimbursement of the sums paid, without penalty.

Cancellation by SPL GSTD

If SPL GSTD cancels the service prior to commencement, it must inform the Customer by e-mail and ensure that the Customer is aware of the cancellation by return e-mail. Without prejudice to any claims for damages, the Customer will be reimbursed immediately and without penalty for any sums paid, in particular when the service provided for in the contract is prevented due to exceptional and unavoidable circumstances.

These provisions do not apply where an amicable agreement has been reached concerning the Customer’s acceptance of a substitute service proposed by SPL GSTD.

Special provisions for certain types of services that require a minimum number of participants to take place (known as “grouped individual” services).

Insufficient numbers of participants may be a valid reason for cancelling certain types of service. In this case, SPL GSTD must notify the customer at least 21 days before departure or before the date stipulated in the contract, and will refund all sums paid.

This eventuality cannot occur less than 24 hours before the start of the service.

ARTICLE 12 – RIGHT OF WITHDRAWAL

Article L 221-28 of the French Consumer Code stipulates that the right of withdrawal may not be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which are to be provided on a specific date or at a specific time.

SPL GST takes advantage of this absence of right of withdrawal and states that for all services falling within the scope of article L 221-28 of the French Consumer Code, the customer has no right of withdrawal.

ARTICLE 13 – LIABILITY

Under article L. 211-16 I, paragraph 2 of the French Tourism Code, the professional selling a travel service is automatically responsible for the performance of the service provided under the contract, without prejudice to his right of recourse against the service provider.

According to article L. 211-16 I, paragraph 1 of the French Tourism Code, the professional selling a tourist package is automatically responsible for the performance of the services provided for in the contract, whether these services are performed by himself or by other travel service providers, without prejudice to his right of recourse against the latter.

According to article L. 211-3 I and II of the French Tourism Code, the professional selling a tied travel service is not subject to strict liability, provided that he informs the customer that he is not in a travel service or tourist package situation. As each service provider is responsible for the proper execution of his service, the traveler will not benefit from strict liability, while enjoying insolvency protection.

For related travel services, it is specified that :

If, after selecting and paying for a travel service, the customer books additional travel services for their vacation trip or vacation stay through SPL GSTD, the customer will not benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L. 211-2 of the French Tourism Code.

However, if the customer books additional travel services during the same visit or contact with SPL GSTD, the travel services will form part of a linked travel service.

In this case, SPL GSTD has the protection required by European Union law to reimburse sums paid by the customer for services that have not been performed due to the insolvency of SPL GSTD.

In any event, and in accordance with article L. 211-17, IV, 2nd sentence of the French Tourism Code, the amount of any damages that SPL GSTD may be ordered to pay to the Customer for any reason whatsoever, will be limited to three times the total price of the services, excluding taxes, with the exception of personal injury and damage caused intentionally or by negligence.

SPL GST cannot be held responsible for the total or partial non-performance of the services ordered, or for the total or partial non-fulfillment of the obligations stipulated in these general terms and conditions of sale, in the event of fortuitous events, force majeure, poor performance ? or faults committed by the Customer, or the unforeseeable and insurmountable acts of a third party unrelated to the provision of the services.

Under no circumstances will SPL GSTD be held liable for the use of these contracts by third parties or for purposes other than tourism.

ARTICLE 14 – FORCE MAJEURE

Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions are considered as grounds for exoneration from the parties’ obligations and result in their suspension. The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure” means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and which the parties are unable to prevent, despite all reasonable efforts to the contrary.

The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue.

If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.

ARTICLE 15 – INSURANCE / GUARANTEES

SPL GSTD has taken out civil liability insurance with AXA France IARD 313 Terrasses de l’Arche – 9272276 Nanterre Cedex and a financial guarantee with Association Professionnelle de Solidarité du Tourisme – 15, Avenue Carnot – 75017 Paris, to cover the consequences of any professional civil liability it may incur in its capacity as a local tourist organization authorized to market products.

For the comfort and safety of the customer, SPL GSTD recommends that the customer take out appropriate cancellation insurance. Cancellation insurance, of the customer’s choice, remains optional.

ARTICLE 16 – INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

SPL GSTD collects some of your data. This personal data is collected on the basis of your consent and our contractual relationship. It is only used for the purposes to which you have consented.

In this case, your data is collected for the purpose of managing SPL GSTD customers. The personal data collected is kept for the legal retention period relating to the purpose of the processing. All information relating to the collection and storage of Customers’ personal data is methodically kept in a register to demonstrate that the SPL GSTD establishment complies with the provisions of the January 1978 law and the RGPD and that it fully exercises, in this respect, the responsibilities devolved upon it. This register is kept up to date and takes into account all changes occurring in the processing. Information concerning the Customer is intended for SPL GSTD, which undertakes to comply with the provisions of the French Data Protection Act (article 27 of Act no. 78-17 of January 6, 1978). SPL GSTD limits access to personal data concerning the customer to authorized personnel only, subject to appropriate confidentiality obligations, and whose contact with such personal data is justified within the scope of their duties. The customer accepts that his or her personal data may be passed on to the service providers responsible for providing the service under the terms of the contract between him or her and SPL GSTD.

As of May 25, 2018, in accordance with the provisions of articles 38, 39 and 40 of the January 1978 law, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his or her personal data. It is possible to request that this data be rectified, completed, clarified, updated or deleted.

These rights may be exercised by writing to info@visitgolfe.com, enclosing a copy of your identity card with your request.

The customer may lodge a complaint with the CNIL at any time, in accordance with the procedures indicated on its website(https://www.cnil.fr).

ARTICLE 17 – DISPUTES

Claims

On site: “Any failure in the performance of the contract noted on site by the consumer must be reported as soon as possible”, the customer must therefore immediately make his complaint to the local representative so as not to suffer the inconvenience for the duration of the trip or stay. All customers must contact the local representative for any information and/or difficulties to be resolved. If the customer is not satisfied, he must ask the local representative for a certificate of services not provided. No service not cancelled prior to departure and not used by the traveller will be reimbursed without the written agreement of the service provider concerned.

On return: any claim for default must be sent to SPL GSTD by registered letter with acknowledgement of receipt, accompanied by all original supporting documents (certificate of services not provided, certificate of early departure, invoices, etc.).

This must be done within 10 days of returning from the trip or holiday to the following address: SPL Golfe de Saint-Tropez Développement : 2 rue Blaise Pascal – Hôtel Communautaire – 83310 Cogolin.

Failing this, no claim will be accepted by SPL GSTD.

Mediation

The customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Applicable law

These general terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. Any dispute concerning their interpretation and/or execution shall be settled by the French courts. In the event of any dispute or claim, the Customer shall contact SPL GSTD to obtain an amicable solution.